HomeMy WebLinkAboutContracts & Agreements_128A-2018 EA-7.2(41]$)
AGREEMENT FOR THE PR�VISION OF
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES POR A PRIVATE
PROJECT
This agreement for the provision of professional environmental consuiting
sezvices ("Agreement") is made and entered into this 16th day of JuIy, 201$ ("Effective
Date"), by and between the City o£ Redlands, a rnunicipal corporation (°City") azad Kimtey-
Hoin {"Cansultant"}, who a��e sometimes individually refe�red to herein as a "Party" and,
togethe�•, as the "Parties." Ir� consideration of the mutual pramises contained herein, City and
Consultant agree as foliaws:
ARTICLE 1 —ENGAGEMENT OF C�NSULTANT
1.1 City hereby engages Consultant to provide prat�essional environmental eonsulting services
for preparation of an Initial Study and all necessaiy and/oz• appropriate environmen�al
dacumentation and studies, and a Mitigation and Mozaitoring R�porting Pian, for Zone
Change No. 460 and Commissian Review and Approval No. 901 (the"Services").
1.2 The Services shall be pez-fo�-med by Consultant in a profiessional manner, and Consultant
represents t�at it Iaas the skill and the professional expertise necessazy to provide the
Services to City at a levEl of competency presently maintained by OfllEl' pt�CtlClil�
professioanal consultants in the industiy p�-oviding like and simila�•types ofServices.
ARTICLE 2— SERVICES O�CONSULTANT
2.T The Seivices that Consultant shall perfoz-�n aze z�aore particularly described in Exhibit"A,"
entitled"Scope of Seivices,"which is attached hereto and incorporated herein by reference.
22 Consultant shall comply with applicable federal,state and local laws and regulations in the
perfoimance o�this Agz�eement including,but no�limited to State prevailing wage laws.
ARTICLE 3 —RESPONSIBILITYES OF CITY
3.I City shall make available to Consultant info�-�natzo n in its passession that may assist
ConsuItant in performing the Sezvices.
3.2 City designates Bz•zan Desatnik, City's Development Services Director, or his designee, as
City's repzeseantative with respect to performance of the Sezvices, and such person shali
have the authority ta transmit insh-uctions,�•eceive infoi7nation, intetpret and define Ciry's
policies and decisions with respect to performance o�the Sei�vices.
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ARTICLE 4—�ERFORMANCE OF SERVICE�
4.1 Consultant shall pei-form and complete the Services in a pz-ompt and diligent manner. The
Sezvices shall commence on the Effective Date of this Ag�•eement and be completed on or
before November 30, 20I 8.
4.2 If Consultant's Services include deliverable electronic visual presentation matezials, such
materials shall be delivered in a form, and made available to the City, con.sistent r�vith City
Council adopted poIicy far the same. It shall be the obligation of Consultant to obtain a
copy of such policy frorn City staff.
ARTYCLE 5 —PAYMENTS TO CONSULTANT
5.1 The tatal compensation for Consultant's perfoimanee of the Se�vices shall not exceed the
amount seventy six thousand three hundred twenry one dollars ($76,321). City shall
pay Consultant on a time and materials basis up to the not to exceed amount, in
accordanc� with Exhibit "B," entitled "Project Costs and Hourly Rates," which is
attached hereto and incoiporated herein by t�is reference.
5.2 Consultant shall submit az�invoice to City describing the Seivices perfarmed, th.e dates the
Se�vices were performed, and the number of hours spent and by who�n, upon co�npletion
of the Services. City shall pay Consultant na later than thirty {30) days after receipt and
approval by City of Consultant's invoice.
5.3 Any notice or other communication required, or w�ich may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered {i) on the date
af delivery in pe�son; (ii) fve (5) days afte� deposit in �rst class certified, registered oar
express mail, with retuin receipt xequested; (iii) on the actual delivery date if deposited
with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy
sent contemporaneously by fiz•st class, certi�ed, r�gistered or express mail; zzz eacn case
properly posted and fitlly p�•epaid to t�e apprapriate address set forth below, or such other
address as a�az-ty nnay provide natice in accordance with this section:
Citv: Consultant:
City Clerk Ka�7 Cano, Project Managei•
City of Redlands Kimley-Horn
35 Cajon Street, Suite 200 3$$0 Lemon Street, Suite�20
P.O. Bax 3005 (mailing) Riverside, CA 92501
Redlands, CA 92373
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of zts pex•fotmance o�the Services. Cons�ltant shall not perfo�m
any Se�vices unless and until the rec�nired insurance listed below is obtazned by Consultant.
Consultant shaIl provide City with certificates of insurance and endorsernents evidencing
such znsurance prior ta coinmencement of the Services.Insurance policies shall include a provision
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prohibiting cancellafion or inodifcation of tlie policy except upon thirty (30) days prior written
notice to City.
A. Workers' Compensation and Employez•'s Liability insurance in the amount that meets
statutory i•equirements wit� an insurance cairier acceptahle to City, o�• ce�•tification to
City that Consultant is self=insured or exempt from the woz•kers' compensatian Iaws of
the State o£California. Consultant shaIl execute and provide City �ith Exhibi� "C"
entitled "Workers' Compensatian Insurance Certi�cation," vvhich is at�ached hereta
and incorporated herein by this reference ptxoz•to perfoamance of the Seivices.
B. Comprehensive Genez-al �.,zability insurance with carriers acceptable to City in the
minimum amount o�One Million DolIars($1,000,000)per occurrence and Two Million
Dollars ($2,000,000) aggregate, far public liability, property damage and pe�-sonal
inju�y is required. City shall be named as an additional znsuz•ed and such insurance shall
be primary and non-contributing to any insurance or self insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Doliars
($1,000,000)per occux�•ence,combined single limit bodily injury liability and property
damage liability. This coverage shall include alI Cansultant owned vehicles used in
connection with Consultant's provision of the Seivices,�aired and non�owned vehicles,
and employeE non-ownership vehicles. City shall be named as an additional insured
and such insurance shall be primaiy and nan-cantributing to any insurance or self
insurance maintained by City.
6.2 Cansultant shall defend, indemnify and hold harmless City and its elected of�cials,
employees and agents fi•ozn and against any and ali claims, Iosses or liability, including
attorneys' fees, arising frozn injury or death to persons or damage to property occasioned
by any negligent act o�•omission by,or the willful misconduct o£,Consultant,or its officers,
employees and agents in perfoiming the Seivices.
ARTICLE 7—CONFLICTS OF INTEREST
7.I Consultant covenants and represents that it does not have any investment or intez•est in any
reaI property that may be the subject of this Agreement or any othex source oF income,
interest in real property or investment that would be affected in any manner or degree by
the per�o��znance af Consultant's Services. Consultant fux-ther covenants and represents that
in the pez-�ormance of its duties hereunder,no person having aany such interest shall perform
any Sezvices under this Agreement.
7.2 Cansultant agrees it is not a designated employeE within the meaning of the Politicai
Reform Act because Consultant:
A. Does not make a gaveinmental decision whethez•to:
(i) approve a rate, iule or regulation, o�•adopt or enforce a City law;
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(ii) 155tI�, deny, suspend or revoke any Ci�y permit, lzcense, application,
certification, appraval, order or similar authoz-ization or entitlement;
(iii) authorize City ta enter into,znodzfy or renew a contract;
(iv} grant City app�•oval to a contract that r�quires City approval and to which
City is a parCy, or to the specifacations 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�or any subdivision thereof.
B. Does not sefve in a sta�f capacity with City and in that capacity, particzpate in
making a governmental decision or atherwise perfoim the same oz•substantialIy the
same duties fbr City that would otherwise be performed by an individual hoIding a
position specified in City's Conflict of Interest Code under Gove�nment Code
section 87302.
7.3 In the event City determines tl�at Consultant must disclose its financial interests,Consultant
shall complete and fila a Fazar �olitical Practices Commission Foi7n 700, Statement of
Economic Intexests, with the City Clerk's at�fice pursuant to the written instr�uctions
provided by the City Clerk.
ARTICLE S—GENERAL CON�IDERATIONS
8.1 In the event any action is commenced to enforce ox•inte�pret any of the terms or conditions
of this Agreement the prevailing Party shall, zza addition to any costs and othe�•relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of iza-
house counsel by a Party.
$.2 Consultant shall not assign any of the Ser�ices, except with ihe pz-io�•written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 Consultant is for all purposes undei• this Agreement an independent contractor and shall
perform the Se�vices as an independent contracto�•. Neither City nor its agents shall have
con�rol ove�• the conduct of Cansultant o�• Consultant's emplayees, except as herein set
forth. Consultant shall supply all necessary tools and instrumentalities required to pearfortn
the Services. Assigned personnel employed by Consultant are for its account anly, and in
no event shall ConsulYant or personnel retained by it be deemed to have been ernployed by
City or engaged by City for the account of, or on behalf of City. Consultant shall have no
autho�•ity, exp�-ess nr implied, to act on behalf of City in a�ay capacity whatsoever as an
agent, nor shall Consultant have any authority, expz-ess or impli�d, ta bind City to any
obligatian.
8.4 This AgreeYnent rnay be teiminated by City, in its sole discretion, by providing not less
than fve {5) days prior written notice to Consultant of City's iz�tent to terminate and the
specified date of termination. If this Agreement is tez-zninated by Ciry, an adjustment to
Cansultant's compensation shall be made, but (1} no amount shaIl be alIowed for
anticipated profit or unperformed Sezvices, and (2) any payment due Consultant at t�e
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time of termination may be 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, estin�ates, summaries and such other infonnation 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.
8.5 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.
8.6 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.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.8 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.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
OF LANDS KIMLEY-HORN
� ��
! nrique rtin z, City Manag �vr�Kari Cano, Project Manager
Attest:
J e Donaldson, City Clerk
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EXHISIT "A"
SCOPE OF SERVYCES
Pursuant to your request, please �nd attached our proposal to prepare an Initial Study and anticipated
Mitigated Negative Declaz•ation (IS/MND) and associated technical studies for the ESRI Administrative
Of�ce Project. Our scope,schedule, and fee is based on our understanding of the project and Czty review
process as set forth in the Request for Proposals received an May 24, 2415.
The general project site is lacated within the existing ESRI Cazxzpus located at 380 New York Street in
the City of Redlands. The specific project site is located south of Park Avenue and west of New York
St�eet. The existing zoning far the project site is M-2 (Indush-ial).
Kimley-Horn unde�-stands that the City of Redlands is proposing to:
• Change the zaning designation fro�n M-2 (Indusfrial) to A-P {Adininistrati�e Professional) District
(Zone Change No.460);
• Develop a I00,840 sq�are-fppt adininzstrati�e office building three stories in height. Access would be
provided by a driveWay on New York Stz-eet and Park Avenue,and pedestrian and vehicle bridges o�er
the Mission Channel (San Bernardino County Flood Control District)connecting to an existing portion
of the ESRI cainpus.The project site is located south of Paxk A�enue and west of New York Street;
+ Perfonn publzc ixnprovements as required on adjacent right ofway.
Kimley-Ho�-n unde�•stands that the project applicant may change the number af stories proposed for the
building. However•, should the number of sto�•ies increase, it does not afifect the scope of work that
�ollows. Ou�• scope of services identified in Section 2, below, desez-ibe how Kimley-Hoin will
successfully navigate the project through the California Environmental Quality Act(CEQA}process.
Section 1: E�eecutiv� Summary
Kin�ley-Hor�� Oualificatiolas
The success ofthe Kimley-Hor�and Associates,Inc.environmental planning team has at its foundation
the commitm�nt of our staff to our clients, our experience in the pIanning and review of deveIopment
projects, and aur undez•standing of local issues and cnnceins. With key staff inembers avez•aging more
than 15 years of CEQA experience each, we p�•ovide the City of Redlands with the people and approach
needed to prepare a successful, comprehensive, and legally sound environzxzental docurnent, and reviews
for the proposed Project.
���°€����;, ������t���,��'c� ���e�,��.�°� �t�E���a��y���?������. Project Director Kevi� Thomas brings more than 30 years
of expez-ience to the tearn in the management and review of environmental projects, including ongoing
experience in San Bernardino County. He has prepared numerous environmen#al documents for
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industrial, residential, and conn:n:�ercial developments, and specializes in assisting public clzezzts by
providing strategic guidance,preparation,and peer review of CEQA documents and regulatory permitting
prog�•az�as. He is suppoited by Project Manager Kari Cano who has more than 13 years o�envi�•onrnental
management experience statewide.Togethez•,they provide experienced leadership in all aspects af CEQA
s�rategy and environm�ntal documentation and review.
��`����������°�a�� ��<a�.�°b����� `�.;����� �������ar:�°.�> Our team includes the depth of in-house staff and qualifzed
consultant resources to meet the challenges of this project, dz•awing on more than 350 staff th�-oughout
Calzfoz-�ia. Kimley-Horn's environmental team has years of experience working aIl types of
environmental projects thraughout southe��n California and is suppoified by in-house planning and
engineering experts to provide peer review of technical studies.
Yn addition,we have included BCR Cansulting to prepare the Phase I Culiural Resources Assessment fo�•
Kimley-Hoin.
�~'�-������ :���i���� €�� �������r��e��� a.��a ,��������°�.�ir� ��€��•I� ������z We believe that you will not find a more
qualified team to meet your environmental service needs in a collaborative, yet expeditious and legally
souz�d zananner. Most importantly, we have established a record of pi•oviding responsive sezvice, timeiy
delivery of critical work products, and working effectzvely with local agencies for the successful
completion of numerous environmental projects and on-call assignments.
Section 2: Approach and Scope of Work
Kimley-Horn wilI work with the City to develop a"path to success" that results in an appraach focused
on a clear,slaazed understanding ofthe key project issues and goals; effective communication wzth pxoject
stakeholders; and delivery a�a �uaal delzve�•able to the City's decision-makers that clea�-ly presents the
details of the projeet, anticipated impacts, and resulting findings. Ouf•suecess is haserl��t cleti�c,�tr�pifr�a
fc�am-arie�rte�`rrpprnuclz. Key characteristics that distinguish Kimley-Hoin include:
o Ottgorrtg ca�r:rtitrjaicatiost a�ad co�:strltatio�r witlr City staff ai:d tearlr rnenrber•s to address issues that arise
during the preparation af the CEQA documentation. Accessibility and open coininunication are imperati�e
steps in completing a successful project. We believe that the inost effective and technically sound work
products evolve through clear lines of co�nznunicatioan between all participants. The coilaborative process
inaintains praject progress and results in high-quality envirpmn�ntal documents.
• Co�r:fatitnrenf af sesiinr level nia�:ageine�rt personjael, ilrchsdilrg Kevin Tlroriras attrllCa�•i Catto, to provide
close coordination with the Ciry, aliowing for technical accuracy and carefully manitored budget and
schedule coinpIiance.
+ Respattsiveness to any significant issues of concern raised by responsible and reb latory agencies and the
public.
Scope af Ser-vices
Task 1.Mobilization and Kiekoff Meeting
The Kimley-Horn envirorimental team will review available p�-oject information, plans and studies, as
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welI as other a�ailable relevant information,Kiznley-Hotn will confirm the ove�-alI approachand schedule
with the City. Kiml�y-Hain will conduct a site visit to review existin:g conditions on the praperty and
sunounding enviranment.
Kevin Thomas and Kari Cano will also attend an in-pe�•son Pr�ject kickoft'meeting with City staff and
the Project Applicant. The pu�pose af the kicko£f ineeting will be to review applicable project details,
z�eview the schedule, and establish communications protocols.
Task 2. Prepare Project Descri�tion
Tl�e Kzmley-Hox-n environmental team will use information obtained in Task 1 and work closel� with
City sta£�ta p�•epax�e a draft project description for the Califomia En�ironmental Quality Act (CEQA)
document. The project description will be prepared to the level of detail �•equired by the City fox the
entitlement approvals being sought. The draft Project Description will be sent to the City for review, and
will be used as the basis for tl�e IS/MND and related technical studies.
Task 3. Technical Studies
The Kimley-Ho�n envizozaa�aentaI team has a talented team that will be able to review the technical�•epoz-�s
submitted by the City: Traffic Analysis, Geotechnical Evaluation, and Environmental Phase 1 Site
Assessment. �lease note that these technical reports will be reviewed by planning staff�oz- apprapriate
completeness. Should the City request that techz�ical expe��ts review these documents, Kimley-Hozn can
p�•ovide tk�is sezvice under a separate scap�of work.
3_1 Preparatio�r o{Phase I Cultural Resoan•cesAssessntent
Kimley-Horn has retained tiie sezvices of BCR Cansulting to prepare�he Phase I Cultural Resaurces
Assessment.
Reseat-ch
The records search for cultural �-esources {archaeological and historical} will be conducted tlu-ough the
�outh Central Caastal In�oz-t�aakion Center (SCCIC) at Califoinia 5tate Unive�•sity, Fullerton. This
research vvill characterize the status and extent of previaus cultural resouxce sh�dies completed in the
project area, and will help prediet the types of resources expected within the project site boundaz�es.
Field Sai�-vey
BCR Consultzng field staff will perform a pedestrian cultural resources survey of the accessible portions
of the praject site using 1S-meter tz-ansect intervals. This fieldwork will be completed under the
supervision of a cultural resaurce professional that meets the United States Secz•etary of the Interior's
ProfessionaI Qualifcation Standards for Archa�olagy and far Architectural Histoiy. The goal of thzs task
will be to identify any cultural resources within the project site boundaries {including pa-ehistoric and
histor�c axchaeological and historic arc�itectural resources), and to produce or update the necessary site
records. �'ot•the purposes of this proposal, negative findings are anticipated. If any cultu�•al resources are
identifiet�, a budget and schedule adjustment may be necessary.
Report
A cultural resources report will be produced consistent with CEQA requirements, in a foimat acceptable
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ta the City. The report will include a project descz-�ption, culturai setting, methods, results, and
xecozanzx�endations sections. Relevant maps and photographs will alsa be included. Department of Park
and Recreation(Dl'R)523 foi7ns wz1I be attached to record any cultural resources discovered during Tas�C
2. A maximum o�ane round af comments/peer review to the report is anticipated.
Paleor�tological Ove�vie�v
BCR Consulting wzll request a paleontological overview for the project site fi•om the Los Angeles County
Natural Histary M�seum. This oveiview will;•eview previous paleontolagical resource studies completed
in the area to assess potc�ntial t'ar the project to impact any important fossils, and to make necessary
recommendations foz•any prese�vatian a�•mitigation efforts. The resuIting report will be appended to the
cultural resources report.
1Vative Anaet•zcart Conarrzu�ricatiorrs and Sacr�ed Lands File Sear'ch
T�e City will perform Assembly Bill (AB) 52 Consultation with the approp�iate h-ibes. If requested to
participate, BCR Consulting wiil be available to discuss any tribal cancerns during one conference calI.
During this task BCR Consulting will cantact the Native A�nerican Heritage Commission {NAHC) to
request a Sacred Laz�ds File (SLF) Search. Results of the SLF Search will be appended to the repoz�t.
3.2 Air�ualitv aftd Greenhoarse Gas Analvsis
The air quality assessment wiIl be conducted in accordance with the South Coast Air Q�ality Management
Distz-ict's {SCAQMD's) recommended methodologies and compared to the SCAQMD's tluesholds of
significance, including the SCAQMD's localized significance tlu•eshalds. Project-related emissions wili
be quantified using the California Emissions Estimator Model {CaIEEMod), a statewide land use
emissions compu#er model designeci to quantify emissions associated with project constnxction and
opezations. The analysis will be prepared in accordance with CEQA criteria, standards, and provisions
and will respond ta the applicable Skate CEQA Guideiines Appendix G. The requirements set forth by
the SCAQMD CEQA Air Quality Handbook will be addressed.
Kimley-Harn will quantify vehicular and area source ez�r�issions based on the "Existing" and "Horizon
Year" scenarios, then campared to the SCAQMD thresholds af significance. ��•oject consistency with
regional air c�uaiity plans wi11 be evaluated. The Project's regional emissions consistency with tk�e
SCAQMD's 2016 Air QuaIiry Management Plan(AQMP)will be evaluated.The determinatian of AQMF
consistency is primarzly concez�ed with the long-term influence of a project on air c�uality in the Sout�
Coast Ai�-Basin.The analysis will also quantitatively assess the"Existing"and"Harizon Year"emissions.
Kimley-Ho�n will describe the status of regulatoiy development of AB 32 (Global Warming Solutians
Act}, SB 32, az�d Executi�+e Order S-3-O5. Kimley-Hoin wili analyze the GHG reduction measures
developed as part of the CAP update. Tk�e analysis will evaluate the Project's potential contributian to
cumulative environmental et�fects of climate change and whetl�er tlae Project would affect the State's
ability to achieve established greenhouse gas (GHG} reductian goals. The analysis will discuss the
potential global climate change impacts, the effects af GHG ez�nissions, and history of GHG emissions
z•egulation.s in California.
3.3 Noise Analvsis
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The noise enviranment in tl-ae study area will be presented in terms of noise contours for the commuz�ities'
major noise snurces. The traffic noise levels will be developed witl�FHWA-RD-77- I OS.The work effort
will be presented in a fornnat that presenYs the existing and future noise conditions, short-tez�a zzx�.pacts,
and cum�alative conditions. Additianally, t�is analysis will present baekground information on noise,
�ealth effects of noise, methods, rnonitoring results, and data used to Praject noise conto�rs, as well as
su�poating infarmation�or policy development.
Tas�4.Prepare Administrative Draft IS/MND
Once the project description has been approved by the City, it will be integrated into the CEQA Initial
Study.A draft Mitigated Negative Declaration,if app��op�•iate,will be prepared in accordance with CEQA
and with the Guidelines for the Implementation of the Califo�nia Environmental Qualzty Act of'1970, as
amended. The Initiai Study wilI rely upon the technical studies prepared by Kimley-Horn and the
Applicant,as well as incoipo�-ation of available infoimation such as the City's General Plan EIR,County
General Plan EIR, and ather applicable reFerence documents. Environmental resources anticipated to be
addressed in the preliminary draft�itial Study/Mitigated Negative Declaration (IS/MND)include:
• Aesfhetics/Visual Resources(including an analysis of iynpacts associated witl�building height)
• AgricuIture and Forest Resources
a Air Quality(wiIl utilize the Air Quality Analysis identified above)
4 Biological Resources
• Cultural/Tril�al Resources (will utilize the Phase I Culiural Resaurces Ass�ssznent identified
above)
• Geology and Sail
• Greenhouse Gases(wilI utilize the Greenhouse Gas Analysis identified above}
• Hazards and Hazardaus Materials
• HydroIogy and Water Quality(including an anatysis of potential iinpacts to the adjacent drainage
channet and any required permits)
• Land Use and Planning
• Mineral Resources
• Noise(will utilize the Noise Analysis identified above)
• 1'opulaEion and Housing
• Public Services
• TransportationlTraffic
• Utilities and Service Systems
Kimley-Horn will prepare a Preliminary Draft TS/MND for City review and comrnent.Kimley-Horn will
incozpozate City eomments and p�•epare a final "check copy"of the Draft IS/MND for Czty approval for
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publication. T�ais scope assumes that the City's check copy comments are limited to further clarification
of previously provided comments.
Task 5. Distribute Dxaft IS/MND
Upon appz-oval by the City, Kirnley-Ho2n wiIl assist the City with filing of the Notice of Intent {NOI} to
Adopt a Mitigated Negative Declaration with fhe County Clerk af the Board and State Clearinghouse in
accordance with CEQA. A Notice of Completion will be p�•epared as required for this filing. Tt is aur
understanding t�at the City shall submrt the notice for publication in the newspaper.
Kizxzley-Horn will obtain a mailing list of interested persons fi•ozn the City, if available. If no such Iist is
available, Kimley-Horn will p�-epare a project mailing lis� to include local and regional governrnent
agencies who will receive noti�ica�ion of the project. The znaiting list will be provided to the City for
approval prioa� to release of'th�document. A copy of the N41 wi11 be:mailed to those on the mailing list.
Any radius list, if reyuired, is assurned to be provided by the applicant. Kimley-Harn wi�l pzovide up to
fo�-ty(40)hard copies of the IS/MND(25 copies of the TS/MND fo�•City use,and the remaining I5 copies
for distribution) with tech�nical studies and appendices on CD, and two (2) hard copies of the technical
studies with mod�ling/data outputs on CD. CD copies of the �S/MND will be sent to key agencies, and
hard copies of the document placed in local public Iibraries in the City area. Katzx�ley-Horn will provide a
PDF version of the IS/MND to the City for posting on its website.Kimley-Horn will pi•epare an Affidavit
of Distribution to docuz�aent public notification compliance.
Task 6. Prepare Final IS/MND
On behal�o�the City, the environmental team will prepare responses to written comments received
during the public review pet•iod of the Draft ZS/MND. Draft responses will be submitted ta the City for
xeview and approval within forty-five days of issuance of the Autho�xzation to Proc�ed(unless City grants
an extension of time). Kimley-Horn assuz�aes khat the applicants technical study consultants az-e avai�able
to provide responses ta comments related to their respective technical studies. Responses will be
inco�porated into the Final IS/MND, which will be compiled ta reflect any changes to the document that
may have resulted fram comments. The Final IS/1VIND wzll be subrnitted to the City for review and
cansideration by the Planning Commission for adoption of the Mitigated Negative Declaration and proj ect
approval within faurteen days of receipt of the Czty's com�nents/revisions.Kimley-Horn assumes that the
Final IS/MND will consist o�'the Draft IS/MND along with a Comments azad Responses supplement.
Given the difficulty in predicting the nature and extent of Draft IS/MND pubiic commen#s, this task
assuzxaes a maximum af 20 hours for�-esponding to public comments on the IS/MND. Kimley-Hoin will
submit up to twenty-�"zve (25) copies of the Responses to Comments document.
Kimley-Ho�n will prepare a Mitigatian Monitoring and Reporting Plan (MMRP) ta be adopted by fhe
City should the Project be appraved. Tf the Planning Commission adopts the Mitigated Negative
Declaration and approves the project, Kimley-Horn will prepare and file a Natice af Determination
(NOD) with the County Clerk and State Clearinghouse.
As paifi of the fling of the Notice of Dete�-mination, Kiml�y-Horn will prepa�•e an application foz the
California Deparhnent of Fish and Wildlife (CDFW) CEQA Document Filing Fee. Prior to t�is filing,
Kimley- Hai�will evaluate the �ndings of the Initial Study to determine if the project quali�ies for an
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1:Ica1djmlAgreemenlslKimley 1-lorn-Environment Agmt.EA-7.l.docx
exemptian to the CDPW CEQA filing fee. If determined ko qualify, Kimiey-Hoin will prepare a CDFW
No E�fect Determination Requ�st for the project. Ifi'this request is approved by t�e CDFW, the City will
not be rec�uired to pay the CDFW CEQA Docunnent�'iling Fee. Should the Document Piiing Fee not be
�aived, a fee of$2,2$0.75 will be paid by Kimley-Ho�-n. AdditionalIy, a County NOD Filing Fee of
$50.00 will be paid by Kiznley-Hoi�n.
Task 7. Planning Comrnissian Hearing
If desired by the City, Kevin Thomas and Kari Cano will attend and, if requested by City staff, make a
presentation of CEQA findings to the City at one Planning Commission Hesring. AdditionalIy, this task
includes one in person meeting with City staff prior to the Planning Commission Hearing. Should
additional meetings and/or hearings be necessary, an optional task has been provided below to address
the potential far additional heax-�zzgs.
Task 8. Project Management
The Kimley-Horn team will be led by Mr.Kevin Thamas, CE�,ENV SP, as Project Principal. Kevin has
34 years of experience in CEQA/NEPA compliance. Kevin will personally review tk�e CEQA
documentation and related analyses foz compIiance with CEQA. Kari Cano wi1F be the Project Manager
for the Project. Kxri will pravide weekly updates ta the applicant, and will sub�it a tnanthly status report
with project invoicing. Kari has 13 years of CEQA/NEPA experience working with various cities in the
Inland Empire, including multiple projects in the City of Redlands. T�is task also includes attendance by
Kevin Thomas and Kari Cano at ozze znternal meeting with City staft�prior ta the Planning Commission
Hearing.
OptionaE Task A: Additional Hearing Attendance
�f z-equested by City staff,Kevin Thomas and Kari Cano will attend one additianal Plaz�.zzing Carnmission
H�aring (it�continued) and one additional City Council Hearing {if the decision is appealed).
Schedule
Kimley-Hoin wiIl expedite the schedule to the extent practical.
Notice to ProceedlKickoffMeeting Week 1
Prepare Project Description Week 1
City Review/Co�rcttrrence I�eek 2
T�chnical StudyReview Weeks 1-2
Admin Draft�SIM.ND Wee�Cs 1-6 (witltirt 45 days of rssaca�rce ofAutho�°izatioti to
Pt-aceed)
Cily Revieiv Weelcs 6-8(witlzria 14 days of t•eceipt of Ci.ty conamelrts)
Revised Admin Draft ISIMND Week S
City "4Kfor Print" Week 8
Draft IS/MND Production Week 9 (Lvitlzin S rlays of City f•eqtrest to release rloca�ment)
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I:IcaldjmlAgreemen[slfCimley E-3om-�nvironment Agrnt.EA-7.l.docx
30-day Public Review Weeks 9-13
Final IS/MND�reparation Weeks 9-13
City Review Weeks 13-14
�'inal TS/MND Publication Week 14(lvithin S days of City upproval ofRespo��ses to
Comnie�rts)
�ublic Hearing Week 14>
Nate� �'his schedccle is co�xti�7ge�zt on City/�Ipplicarzt �-evieiv occzcr•ri1�g witlzi�� tlte fin�.ef aft7es idetrtifiecl above.
Slrotild City arld/oj•P�•oject Applica�rt �•evieiv take lartger tharr estimated abave, tlte Pj•oject sclredirle will be
exterided. Dj•aft MND release is also corzti�iges�t an tirn.ely conzpletion of City-led AB 52 co�rsultation process.
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I:1ca1djmlAgreementslKimlep Hom-Environment Ag�nt.EA-7.Ldocx
EXHIBIT "B"
FEE SCHEDULE
Senior Support Total Sub- Total
TASK Professionall Professional Ana[yst Staff Haurs eansultants Cost
; i; '$z6S . : $17R.. . ,: $13U .: . $300 .,
TASK 1:Mobi[ization and Kicko#f Meeting 3 10 12 25 $4,055
TASK 2:Prepare Projact Description 1 3 1 5 $905
TASK 3:Technical Studies $23,340
3.1 Preparation of Phase I Cultural
Resources Assessment 0 $4,02� $4,020
3.2 Air Quality/Greenhause Gas Analysis 64 14 78 $1�,70p
3.3 Noise Analysis 35 9 $7,120
TASK 4:Preparation of Administrative araft
IS/MND 6 25 55 $ 94 $13,79fl
7A5K 5:Distribute Draft IS/MN� 2 3p 20 6 38 $5,43fl
TASK 6:Prepare Fina1 IS/MND 2 8 20 4 34 $4,890
TASK 7:Plann'sngCommission Hearing 4 8 12 $2,420
TASK 8:Project Nlanagement 10 40 50 $9,45fl
TOTAL HDURS 18 163 i31 18 286
PRdFE551DNAL LABOR COS7S $4,77Q $27,730 $17,030 $1,8�0 $fiA,78�
DELIVERA9LE5/3tEIM8UR5ABLE5(in�ludes
all ma�ling and noticin f $1,500
COUN3Y FI[.ING FEE $�p
CQFW 5TATE FILING FEE $Z,Zgp
NDN-flP'fIDNA!COS1'S $68,fi11
dptional Task A:Additional Hearing
Attendance
Additional Planning Commissinn Nearing 8 8 ;$3,tgp.
City CounciI Hearing 8 8 $3,qgp:
Optional Task B:Shovel Test Pits $750 ;. $75fl
dP710E�AL COSTS 5U$TOTAL: $7,710
Non-Optional Costs {$68,611) +Optional Task Costs ($7,710) � NTE Amount: $76,3�1
-.~e `�� :� . f .- t ��'�'lil���'�'�,
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every einployer, 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 xnore 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 einployees.
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
coimnencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in perfonning the work and activities required or pernutted 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 Califomia,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 Califomia that the information and
representations made in this certificate are true and conect.
Kimley-Horn Date: 08�1 �,�)Q!
�
By: L�t,¢.� Gt.
� ari Cano, Project Manager
City of
�
�� �� ����� RE D LAND S
�� .
�
►ncorporated 1888 BR[AN DESATNIK
DEVELOPMENT SERV]CES 35 Cajon St., Ste.20/P.O. Box 3005
DEPARTMENT Development Services Director
Redlands,CA 92373
909-798-7555
DATE: SEPTEMBER 12, 2018
TO: N. ENRIQUE MARTINEZ, CITY MANAGER
JEANNE DONALDSON, CITY CLERK
THROUGH: BRIAN DESATNxFC,''QEVELOPMENT SERVICES DIRECTOR
FROM: EMILY ELLIOTT, SENIOR PLANNER ��
RE: AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL
CONSULTING SERVICES FOR A PRIVATE PROJECT
The purpose of this memorandum is to request that the City Manager sign and the City Clerk Attest
the attached Agreement for Professional Environmental Consulting Services For a Private Project as
per the City's purchasing guidelines.
The attached Agreement is between the City and Kimley-Horn for the Esri Administrative Building -
CRA 901 project.
jlm
Attachments: Two {2) Original Agreements
��-_
m� ,�y� �
1�9I�NDD^ACm'�nrwo�"