Loading...
HomeMy WebLinkAboutContracts & Agreements_247A-2018EA 7 2 (4118) AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE PROJECT This agreement for the provision of professional environmental consulting services (this "Agreement") is made and entered into this 18th day of December 2018 (the "Effective Date"), by and between the City of Redlands, a municipal corporation (hereafter "City") and First Carbon Solutions (hereafter "Consultant"), who are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE I -- ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide professional environmental consulting services for preparation of an Initial Study and all necessary and/or appropriate environmental documentation and studies, and a Mitigation and Monitoring Reporting Plan, for General Plan Amendment No. 140, Specific Plan Amendment No 45, Specific Plan Amendment No 46, Tentative Tract Map No 20244, and Conditional Use Permit No. 1108 for City's Development Services Department (the "Services") 12 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONSULTANT 21 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated Herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 31 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Brian Desatnik, City's Development Services Director, or his designee, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services 1 L 1ca1djm\Agrcemcnts\AGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CARBON — 1600 ORANGE.docx EA 7 2 (4118) ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner The Services shall commence on the Effective Date of this Agreement and be completed on or before November 15, 2019 4.2 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONSULTANT 51 The total compensation for Consultant's performance of the Services shall not exceed the amount of fifty-nine thousand one hundred fifty-eight dollars ($59,158 00) City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "B" entitled "Project Costs and Hourly Rates " Exhibit `B" is attached hereto and incorporated herein by this reference. 52 Consultant shall submit an invoice to City describing the Services performed, the dates the Services were performed, and the number of hours spent and by whom, upon completion of the Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 53 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (11) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsian ule, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Capon Street, Suite 200 P O Box 3005 (mailing) Redlands, CA 92373 Consultant. Frank Coyle, Director First Carbon Solutions 650 W Hospitality Lane, Suite 125 San Bernardino, CA 92408 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 61 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing 2 L Ica1d1m1Agreements\AGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CAR13ON _ 1600 ORANGE.dacx EA 7 2 (9118) such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Professional Liability insurance in the amount of One Million Dollars ($1,000,000) per claim made D Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City E Assignment Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City 62 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 71 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 3 UraldimlAgreementslAGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CARBON — 1600 ORANGE.doex EA 7 2 (4/18) 72 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (n) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 73 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement 83 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk 84 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth Consultant shall supply all necessary tools and instrumentalities required to perform 4 L 1ca1djmlAgreementslAGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CARSON — 1600 ORANGE.dncx EA 7 2 (4118) the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 85 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination maybe adjusted to the extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services Consultant shall be compensated on a pro -rata basis for Services completed up to the date of termination 86 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant 87 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant 88 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 89 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement 5 L 1caWJmlAgreenents\AGREEMHNT TO PERFORM PROFESSIONAL SERVICES _FIRST CARBON — 1600 ORANGE.docx EA 7 2 (411 S) IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS Y 1"e Connell, Acting City ager Attest Je rmanaldson, City Clerk FIRST CARBON SOLUTIONS Fra Coyle, irector 6 L.tcaldjm\Agreements\AGREEMENT TO PERFORM PROFESSIONAL SERVICES ._FIRST CARSON — 1600 ORANGE.docx EA 7 2 (4/18) EXHIBIT "All SCOPE OF SERVICES L•lca\djm\Agreements\AGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CARBON _ 1600 ORANGE,docx F! RSTCA R B O N Pro osal SOLUTIONS M - Project Understanding The proposed project consists of a luxury 412 unit apartment complex located on 2184 acres (gross) located on the north and south sides of Orange Avenue, between Alabama Street and Iowa Street, in the City of Redlands, County of San Bernardino, State of California The project site consists often (10) separate parcels, identified as Assessor Parcel Numbers 0292-176 08, 0292-167-11, 0292-167 12, 0292 167-13, 0292-167-18, 0292-167-25, 0292-168-03, 0292-168-16, 0292 168 21 and 0292-168-22 The City of Redlands General Plan Land Use designation for the subject property is Medium Density Residential, permitting up to 15 units/acre The proposed project is located within the East Valley Corridor Specific Plan (EVCSP), and land use designations for the site include Administrative -Professional, EV/3000 RM and EV/2500 RM The proposed project will consist of the development of 412 apartments, consisting of a combination on one, two and three bedroom units The apartment units will be constructed in a series of three-story buildings surrounding courtyards and parking fields A central clubhouse will be provided on the north side of Orange Avenue at the main entry drive In addition, two swimming pool/cabana areas will be provided as well as a tot lot and splash pad Total parking provided will be 805 spaces both covered and uncovered. In order to provide for the development of the project, the following entitlement applications and plans will be required by the City of Redlands o General Plan Amendment from Medium Density Residential to High Density Residential o East Valley Corridor Specific Amendment to change the land use classification of EV/2500 to EV/2000 RM • East Valley Corridor Specific Plan Land Use Amendment to change the project site land use designation to EV/2000 RM o Tentative Parcel Map No 20244 • Commission Review and Approval of Conditional Use Permit (CUP) • Preliminary Water Quality Management Plan . Socio -Economic Cost Benefit Study The EVCSP covers portions of the unincorporated County of San Bernardino, the City of Loma Linda, and the City of Redlands As the lead agency, the County of San Bernardino approved the EVCSP in 1989 The City of Redlands, acting as a responsible agency, also adopted the EVCSP that covers the City's jurisdiction in 1989 Since a Program EIR was prepared and adopted for the EVCSP, CEQA Guidelines Section 15152 permits the City to adopt a Negative Declaration or Mitigated Negative Declaration as a second tier of NORTHAMER€CA I EUROPE I AFRICA I AUSTRALIA I Asa TiRSTCARBONSOLUTIONS COM i FIRSTCARBON SOLUTIONS ' Propos 1 environmental review following completion of a first-tier EIR An MND is the appropriate level of environmental document when mitigation measures are required to reduce potential Impacts to less than significant levels Based on our review of the City's Scope Request and project description, as well as our experience preparing IS/MNDs for similar projects throughout the region, we feel there may be potential project impacts that will require mitigation for the following issue areas 1 Air Quality 2 Biological Resources 3 Cultural Resources 4 noise S Transportation/Circulation Based on our experience in preparing environmental documents for similartypes of warehouse projects, as well as our experience completing environmental documentation for projects located within the EVCSP, a tiered Mitigated Negative Declaration (MND) would be the most appropriate environmental document for the project Scope of Work Task 1- Attend In -Person Kickoff Meeting with City Staff and Project Applicant FCS's Project Director, Frank Coyle, and/or Senior Project Manager/Account Manager, Charles Holcombe, MBA, will meet with the City and the applicant to kick off the project and obtain information necessary for the preparation of the project description This meeting is important to establish early communication among the project team members and to find a common understanding of the issues and concerns identified for environmental analysis More specifically, in an effort to provide a concise and straightforward description of the project, including entitlements that must be obtained, the timing and methods of demolition, construction, and any infrastructure improvements that may be required, the first key task will be to formulate a working project description for the Initial Study (IS) FCS understands that the details of the project may not be fully defined and that revisions and refinement to the project description may occur before it can be finalized for use in the IS FCS will work closely with the City and the applicant's project team members, including the civil engineer and attorneys, as appropriate, to prepare a description that articulates the overall objectives of the project To facilitate this process, FCS will Receive complete project information to be used in developing a CEQA-compliant project description Information will include project objectives (including those of the City and the applicant), land use data and statistical summary, and graphics Refine the project schedule based upon agreements reached during contract negotiations and on information discussed at the kickoff meeting, if needed NORTH AMERICA I EUROPE I AFRICA I AUSTRALIA I ASLO Fl RST CARBONSOLUTIONS.COM i F I RSTCA R B;C N Proposal <4 SOLUT 0,NIS ' • Obtain all existing reference and research materials related to the project, the project site, and the vicinity, including base maps, aerial photographs, and environmental documentation Task 2: Prepare Comprehensive Project Description Using the information obtained during the kickoff meeting, FCS will prepare a comprehensive project description for City review and approval prior to initiating the review and/or preparation of technical studies and the preparation of the IS The Project Description will include all of the information required to define the project for purposes of CEQA, which includes a clear explanation of the development components of the proposed project, a description of the construction and operational activities associated with the project, and clearly illustrated project primary components based on existing Geographic Information Systems (GIS) data, maps, and exhibits. The project description will also list the required discretionary approvals for the project, To enable FCS to proceed with this task, the following information (to the extent available) should be provided by the applicant to clearly define the project description and facilitate the environmental analyses. • Existing and future site development plans, • Landscape plans, • Construction timing and specifications, • Operational specifications, • Environmental/technical documentation pertaining to the project The project description will be submitted to the City for review and approval prior to the development of the draft IS document. Task 3• Peer Review of Applicant -Prepared Technical Studies FCS will conduct a peer review of the technical studies that have been prepared for the project It is our understanding that the technical studies include the following Air Quality/Greenhouse Gas (GHG) Emissions Analysis, Biological Resource Assessment, Historical/Archaeological Resource Survey, Noise Study, Traffic Impact Analysis (TIA) Report, Preliminary Water Quality Management Plan, Hydrology Study, Phase 1 Environmental Site Assessment, and Soils Investigation Report The purpose of the peer review is to determine if the evaluations that have been conducted are adequately addressing the potential issues associated with the proposed project and using the appropriate thresholds of significance This scope of work does not include reassessing the potential impacts or re -running the air quality/greenhouse gas or noise models to ensure technical accuracy FCS anticipates that the Preliminary Water Quality Management Plan, Hydrology Study, Phase 1 Environmental Site Assessment, and Soils Investigation Report will be reviewed by City staff for technical accuracy while FCS will review each of the technical studies for CEQA adequacy In addition, FCS will review the Biological Resource Assessment and Historical/Archaeological Resource Survey for CEQA Adequacy In addition, the mitigation measures will be reviewed to determine if they adequately reduce potential impacts to less io10M14AMERfCAi EUROK I AFRICA I AUSrRAUA I Asia FIRSARBONSOLUTIONS.COM FIRSTCARBON SOLUTIONS ' Proposal than significant As part of this Task, a memorandum will be prepared for each peer reviewed technical study outlining adequacy, or deficiencies and needed corrections Please note that the Traffic Impact Analysis will be reviewed by Urban Crossroads as Subconsultant to FCS FCS will peer review all of the other reports using our in-house City approved on-call technical specialists Task 4: Prepare and Submit an Administrative Draft Initial Study/Mitigated Negative Declaration FCS will prepare an Administrative Draft IS/MND for the project in compliance with the CEQA Guidelines (Section 15053 and Appendix G, current edition) and state law FCS will incorporate all technical studies prepared by the applicant and studies proposed to be prepared by FCS into the IS/MND If there are changes to the technical studies and/or Project Description after preparation of the Administrative Draft IS/MND separate authorization may be required The IS/MND format will include separate sections for discussion of each Environmental Checklist impact category, and it will be adequately supported by exhibits (including color GIS mapping, as appropriate) Analysis and substantiating documentation will be provided to support all environmental checklist responses and conclusions The IS/MND will address all of the following topics - Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Tribal Cultural Resources • Geology/Soils + Greenhouse Gas Emissions . Hazards & Hazardous Materials • Hydrology/Water Quality • Land Use/Planning • Mineral Resources • Noise • Population/Housing . Public Services • Recreation • Transportation/Traffic • Utilities/Energy Service Systems FCS will prepare the Administrative Draft IS/MND for review and comment by City staff and the applicant FCS will submit the Administrative Draft IS/MND in Microsoft Word format (to allow for NORTH AMERICA I EUROPE I AFRICA t Ai15n2" I ASW FIRSTGARBONSOLUTIONS COM E U FIRSTCARBON SOLUTIONS Proposal comments via tracked changes), each of the figures, exhibits, and appendices in PDF format, and the entire document, Including all figures and exhibits, in PDF format Deliverable Administrative Draft IS/MND submitted electronically within 45 days or less of issuance of the Authorization to Proceed Task 5: Prepare Final Draft Initial Study/Mitigated Negative Declaration Based on City Comments Following receipt of one set of consolidated City and applicant comments on the Administrative Draft IS/MND, FCS will submit a Final IS/MND document, including technical studies, and a Response to Comments spreadsheet that shows each City comment, the content of the response to each City comment, and how and where City staff comments on the Administrative Draft IS/MND have been addressed in the Final IS/MND This deliverable will include the Response to Comments spreadsheet, the IS/MND in Microsoft Word (with tracked changes accepted and comments addressed), each figure, exhibit, and appendix in PDF format, and the entire IS/MND, including all figures and exhibits, in PDF format Deliverable Final Draft IS/MND submitted electronically within 14 working days of receipt of comments from City staff Task 6: Public Circulation of Initial Study Within five days of receiving City direction to release the document for public review, FCS will produce and distribute the Public Draft IS/MND to all identified local, regional, and state agencies and interested Tribal Governments FCS will prepare and provide copies of the Public Draft IS/MND to the City and other applicable parties via certified mail and will provide the delivery confirmations to the City. In accordance with the Scope Request, the City will provide FCS with an approved mailing list Technical studies and output files appended to the Draft IS/MND and included within the distribution However, to reduce document production and distribution costs, the Public Draft IS/MND and technical appendices will be provided on a CD. FCS will also mail the Notice of Intent (NOI) to Adopt an IS/MND to all of the parties listed above, along with any other interested parties or agencies on the City -approved mailing list in addition, FCS understands that the City will publish the NOl in a local newspaper of general circulation, and post all documents on the City's webpage FCS will prepare 10 to 15 (if needed) printed copies of the Public Draft IS/MND, and 10 to 15 (if needed) CDs with technical appendices and technical reports to the City Deliverables • Certified mail to document deliveries, with the delivery confirmations provided to the City • Ten (10) printed copies of the Public Draft IS/MND, and ten (10) CDs with technical appendices and technical reports to the City. NORTH AMERICA I EUROPE I AFRICA f AUSTRAIA I ASIA FIR5TCARB0NsbLUTI0NS.£0M FI RSTCARBO N Proposal SOLOTIOINS Task 7 Prepare Responses to Comments FCS assumes that up to 25 comments will be submitted on the Public Draft IS/MND Following the receipt of comments on the Public Draft IS/MND, FCS will prepare and/or assist City staff in preparing a written "Response to Comments" document that addresses any comments received by the City on the Public Draft IS/MND The Response to Comments document will reproduce the written comments and provide responses to each concern raised therein. If minor edits or changes to the IS/MND are warranted, I=CS will provide an additional section containing "Changes to the IS/MND" FCS will collate all public comments and comment letters regarding the IS/MND and will prepare Responses to Comments, which will be submitted electronically for the City's review within 14 days of the close of the public comment period Deliverable Electronic submission (PDF and Word) of collated public comments and comment letters and Responses to Comments for City's review, submitted within 14 days of the close of the public comment period Task 8• Submit Responses to Comments Upon receipt of the City and applicant comments, FCS will finalize and distribute the Responses to Comments document within five days of the City's approval of the Administrative Draft Responses to Comments Deliverable • Twenty five printed copies of Responses to Comments within five days of City's approval Task 9. Prepare Mitigation Monitoring and Reporting Program FCS will prepare a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097 The MMRP will contain all mitigation measures identified in the IS/MND (including changes to the IS/MND in the Response to Comments), and it will provide columns for necessary actions, timing, and parties responsible forverification The Draft MMRP will be provided to the City after the IS/MND is submitted for circulation FCS will update the MMRP and resubmit to the City if any changes are warranted based on the public/agency comments FCS assumes that up to 18 mitigation measures will be required as part of the IS/MND to reduce project impacts to a level of less than significant Deliverable • One electronic copy of the MMRP in Word and PDF formats to the City NORSHAMERMA I EUROPE I AFRICA I AUSTRALIA I ASIA FIRSTCARBON50LUTIONS COM FIRSTCARBON SOLUTIONS Proposal Task 10• Prepare California Environmental Quality Act Notices Using the City's forms (where applicable), FCS will prepare all required CEQA notices, including an NOI, a Notice of Determination (NOD), and any other required State Clearinghouse forms FCS will prepare and distribute the NOI pursuant to Section 15072(a) of the CECIA Guidelines, for review by City staff FCS will revise the NOI based on comments received by the City In accordance with the RFP, the City will submit the NOI and applicable public review/comment period for publication in newspaper ad/s FCS will also prepare the NOD and file with the San Bernardino County Clerk's Office and the State Clearinghouse, as applicable, no later than five business days of the IS/MND's certification As indicated in this scope of work, City staff or the applicant will be responsible for paying the associated Fish and Wildlife fee and San Bernardino County Clerk of the Board fling fee Fees as of July 16, 2018, include the San Bernardino County Clerk of the Board NOD filing fee of $50 and the California Fish and Wildlife fee of $2,280 75 (foryear 2028, only, fees will increase in 2019) Deliverables NOI and a draft newspaper notice for local publication (web -friendly electronic format original, and PDF copies), and e NOD (two hard copies, web -friendly electronic format original, and PDF copies) Task 11: Meeting and Public Hearing Attendance FCS will attend two in-person meetings with City staff and/or the applicant, which are anticipated to include One kick-off meeting with City staff and the applicant, and One internal meeting with City staff prior to a Planning Commission and/or City Council hearing FCS will also attend public hearings to support City staff and respond to environmental questions as needed These meetings will include One Planning Commission hearing, Optional attendance at a second Planning Commission hearing (if continued), and One City Council hearing Task 12 Communication with City Staff throughout the Process Charles Holcombe, FCS's Account Manager/Senior Project Manager will ensure effective communication with City staff throughout the project process Mr Holcombe will also ensure that the proposed project is running on time and within budget, and the documents prepared in support of the project are technically correct and legally defensible Progress and status reports for the prior month's work shall be submitted on a monthly basis Mr Holcombe will serve as a management liaison amongthe project team and City NO NAME RICAIEUROPE IAFRICA IAUMAMIASIA FIRSTCARBON SOLOTIONS COM 10 EA 7 2 (4/18) EXHIBIT ' `B" PROJECT COSTS AND HOURLY RATES L lcaWimlAgreemeetAAGREEMENf TO PERFORM PROFESSIONAL SERVICES _FIRST CARBON — 1600 ORANGE.docx FIRSTCARBON SOLUTIONS" Initial Study/Mitigated Negative Declaration Proposal Tasks" . Fees Task 1 Attend In Person Kickoff Meeting with City Staff and Project Applicant $720 Task 2 Prepare Comprehensive Project Description $680 Task 3 Peer Review of Applicant -Prepared Technical Studies $12,800 Task 4 Prepare and Submit an Administrative Draft Initial Study/Mitigated Negative Declaration $11,520 Task 5 Prepare Final Draft Initial Study/Mitigated Negative Declaration Based on City Comments $4,550 Task 6 Public Circulation of initial Study $3,250 Task 7 Prepare Responses to Comments $3,580 Task 8 Submit Responses to Comments $1,780 Task 9 Prepare Mitigation Monitoring and Reporting Program $3250 Task 10 Prepare California Environmental Quality Act Notices $1,440 Task 11 Meeting and Public Hearing Attendance Internal Staff Meetings $2,340 Attend Planning Commission and City Council Hearings $2,280 Task 12 Communication with City Staff throughout the Process $3,340 Direct Costs $2,250 Total FCS Professional Labor for IS/MND and Technical Analysis $53,780 10% Contingency Fee Per City Request $5,378 Total FCS Estimated Fee for IS/MND and Technical Analysis $59,153 Hourly Rates for Key Personnel A detailed table that includes the assigned staff, classification, number of hours, and hourly rate assigned to each staff member is included below. The hourly rates reflected below are based on these hours Below FCS has provided favorable municipal hourly rates for FCS' key personnel, which represents an average of 12 percent savings for the City Key.Personnel —L— Role Hourly Rate {$) Frank Coyle Charles Holcombe, MBA Bryan Moller, MPL ~ __ Project Director Senior Project Manager Assistant Project Manager i $240 _ I $180 — $120 NORTH AMERICA I EUROPE I AFRICA I AUSTRALIA I ASIA MkOTCARBON50LUTIONS COM 12 J FiRSTCARBON SOLUTIONS ' Key Personnel - Megan Kathlyn Starr JD^ Jason Paukovits Ella Li, MEM Brian Mayerle Dennis Peterson David Smith Luis Navarro, MS MBA Angela C Wolfe Philip Ault, MS Karlee McCracken Proposal 44 — _Role Haurty. Rate ($j Legal Counsel, QA/QC Manager_ _ $175 Senior Air Quality/GHG Specialist $21D Quality/ GHG Specialist I $110 Senior Biological Resources and Regulatory Permitting I $180 Specialist Biological Resources Specialist _ _ — I $140 Cultural Resources Specialist _` $130 _ ! � Senior Hazards Specialist $220 Aesthetics/Hazards Specialist $140 Senior Noise Specialist $180 GIS, Graphics, and Visualizations Specialist _ $125 FIrstCarbon Solutions Hourly Rates FCS is a leading provider of environmental and regulatory compliance, planning and entitlement, air quality and greenhouse gas (GHG) emissions, biological and cultural resources management, noise management, restoration planning and monitoring, and energy, sustainability, and carbon management services Compensation is based on the following fee schedule and charges FCS Personnel _ Director I/Product Development Director I Associate Director/Senior Team Leader Il/Senior Program Leader II Legal Counsel 5eniorTeam Leader I/Senior Program Leader 1 _ Senior Project Manager III/Senior Scientist III/Senior Regulatory Scientist 111 Senior Project Manager P/Senior Scientist II/Senior Regulatory Scientist 11 Senior Project Manager I/Senior Scientist 1/Senior Regulatory Scientist 1 Project Manager Ill/Scientist III/Regulatory Scientist III Project Manager II/Scientist II/Regulatory Scientist It Project Manager I/Scientist I/Regulatory Scientist I Assistant Project Manager II/Assistant Regulatory Scientist II Assistant Project Manager 1/Assistant Regulatory Scientist I _ W Environmental/Technical/Regulatory Analyst III Environmental/Technical/Regulatory Analyst 11 Environ menta I/TechnIca [/Regulatory Analyst I Publications Coordinator/Technical Editor �I NQRTH AMERICA l EUROPE l AFRICA l AtWRAUA I ASM FIRSTCARBONSOLUTIONS. CONI Hourly Labor Rate_{$}j $240 $220 $190 $210 ..� . $190 _; $180 $160 1 $150 $140 $130 $120 $110 $80 � I $70 $100 13 FIRSTCARBON SOLUTIONS ' FCS Personnel _. Senior Graphic Designer/GIS Manager GIS/CADD Specialist II GIS/CADD Specialist I Graphic Designer Word Processor Administrative Assistant/Accounting/Clerical Reprographics Assistant Intern Proposal Other Labor Rates Labor rates for expert testimony, litigation support, and depositions/court appearances will be billed at a minimum of two times the above rates If additional services are authorized during the performance of a contract, compensation will be based on the flee schedule in effect at the time the services are authorized. Direct Expenses Direct costs and out of -pocket expenses are billed as follows 6 Out-of-pocket expenses, including but not limited to, travel, messenger service, reprographics, lodging, meals, blueprint, reproduction, and photographic services Cost, as charged to FCS, plus a 10 percent administrative fee 7, Subcontractors' fees Cost, as charged to FCS, plus a 10 percent administrative fee 8 Passenger Cars $0 545 per mile 9 Four-wheel drive vehicles $75 per day ($0 545 per mile) 10 Reprographic/Printing Services Black & White prints (8 5 x 11-11 x 17) $0 06 to $012/page Color prints (8 5 x 11-11 x 17) $0 75 to $1 25/page See Reprographics Fee Schedule for additional services/charges (provided upon request) 11 Records checks Fees vary by facility and project 12 Museum curation Fees vary by city and project 13 Cultural resources storage/curation of fossil and artifact collections Cost, as charged to FCS 14 Per Diem Fees charged at the USA Federal (GSA) Rate lodging surcharge may apply in high rate areas NORTH AMERICA I EUROPE (AFRICA I AUSTRALIA I ASIA FIRSTCARBONSOLUTIONS COM 14 Hourly Labor Rate ($) $140 $125 $100 $90 _ — $95 $75 $55 i Other Labor Rates Labor rates for expert testimony, litigation support, and depositions/court appearances will be billed at a minimum of two times the above rates If additional services are authorized during the performance of a contract, compensation will be based on the flee schedule in effect at the time the services are authorized. Direct Expenses Direct costs and out of -pocket expenses are billed as follows 6 Out-of-pocket expenses, including but not limited to, travel, messenger service, reprographics, lodging, meals, blueprint, reproduction, and photographic services Cost, as charged to FCS, plus a 10 percent administrative fee 7, Subcontractors' fees Cost, as charged to FCS, plus a 10 percent administrative fee 8 Passenger Cars $0 545 per mile 9 Four-wheel drive vehicles $75 per day ($0 545 per mile) 10 Reprographic/Printing Services Black & White prints (8 5 x 11-11 x 17) $0 06 to $012/page Color prints (8 5 x 11-11 x 17) $0 75 to $1 25/page See Reprographics Fee Schedule for additional services/charges (provided upon request) 11 Records checks Fees vary by facility and project 12 Museum curation Fees vary by city and project 13 Cultural resources storage/curation of fossil and artifact collections Cost, as charged to FCS 14 Per Diem Fees charged at the USA Federal (GSA) Rate lodging surcharge may apply in high rate areas NORTH AMERICA I EUROPE (AFRICA I AUSTRALIA I ASIA FIRSTCARBONSOLUTIONS COM 14 FIRSTCARBON SOLUTIONS Proposal 1 15 US Fish and Wildlife Service/California Department of Fish and Wildlife impacts or mitigation fees Cost, as charged to FCS Terms Compensation and direct expenses are invoiced monthly and payable upon receipt or as codified in project specific contract FlrstCarbon Solutions Founded and incorporated in the State of California in 1982 (California Corporation No 1162594), FCS has provided hundreds of municipalities with environmental review services Our disciplinary specialties include environmental planning, regulatory compliance, natural resources management, cultural resources management, and air quality and noise management services FCS serves clients in the western United States with a staff of more than 100 professionals from offices located in San Bernardino, Irvine (company headquarters), Pasadena, Fresno, Rocklin, and Walnut Creek If selected, our local and accessible staff will be working out of our San Bernardino office Below is a partial listing of services FCS provides that are relevant to the needs of the City FCS's broad-based environmental services include • CEQA/National Environmental Policy Act (NEPA) Documentation • Climate Action Plans (CAPS) • Air Quality and GHG Emissions Analyses • Development Applications • Due Diligence Assessments • Entitlements Processing • Expert Witness Testimony • Geographical information Systems (GIS) • Green Building/Leadership in Energy and Environmental Design (LEED) • Hazardous Materials Risk Analyses . Legislative and Policy Analyses • Mitigation Monitoring and Reporting Plans/Programs (MMRPs) • Noise Analyses • Opportunities and Constraints Analyses • Permit Processing (Clean Water Act [CWA] 404, CWA 401, Fish and Game Code [FGC] 1600, Endangered Species Act Section 7) • Phase I ESA • Project Review and Processing Services • Proponent Environmental Assessments (EAs) • public Outreach (CECIA Noticing, Mailing Lists, Scoping Meetings) • Renewable Energy Site Assessments • Specific Plans • Site -Specific Community Planning • Sustainable Community Analyses • Transportation Corridor Analyses • Wastewater Analyses • Water Supply Assessments • Zoning Compliance and Permits FCS's air quality/GHG, climate change, and sustainability services include NOk ffl- AMERICA I EUROPE I AFMCA I AIMRALI,4I ASIA FIRSTCARBONS©LUTIONS.COM 15 EA -7 2 (4/18) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation In one or more of the following ways (a) By being Insured against liability to pay compensation by one or more Insurers duly authorized to write compensation Insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -Insure, either as an Individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 186 1) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct First Carbon Frank Co Date _ ( )_(�� ,t U 9 L•1caArO,AgreementslAGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CARBON — 1600 ORANGE.dmx