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HomeMy WebLinkAboutContracts & Agreements_26B-2020EA 7.2(12919) AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE PROJECT This agreement for the provision of professional environmental consulting services ("Agreement") is made and entered into this 24th day of February, 2020 ( "Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Lilburn Corporation ("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 1 — ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide professional environmental consulting services for City (the "Services") 1 2 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 2 1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services," including a project schedule, which is attached hereto and incorporated herein by reference 2 2 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 3 1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 3 2 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 ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Consultant shall perform and complete the Services in accordance with the project schedule The Services shall commence on the Effective Date of this Agreement and be completed on or before February 24, 2021. 1 L IcaldpmlAgreements\Lilburn Corporation Environment Agmt CRA 912.EA 7.2.doc.ln EA 72(1 2919) 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 5 1 The total compensation for Consultant's performance of the Services shall not exceed the amount Thirty Two Thousand Nine Hundred Twenty Dollars ($32,920) City shall pay Consultant on a time and materials basis, up to the not to exceed amount, in accordance with Exhibit "B," titled "Project Costs and Hourly Rates," which is attached hereto and incorporated herein by this reference 5 2 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 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be m writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (u) five (5) days after deposit in first class certified, registered or express mail, with return receipt requested, (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 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 Brian Desatnik, Director Development Service Department 35 Cajon Street, Ste 20 P 0 Box 3005 (mailing) Redlands, CA 92373 bdesatnik@cityofredlands org (909) 798-7555 Consultant Cheryl A Tubbs, Vice President Lilburn Corporation 1905 Business Center Dr San Bernardino, CA 92408 cheryl@lilburncorp coin (909) 890-1818 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 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 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 2 L,1caldtimlAgreements\Lslburn Corporation Environment Agmt CRA 912.EA 7 2.doc.in EA 72(1.2919) 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," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services 13 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 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 D Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor 6 2 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 7 1 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 7 2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant 3 L 1caldjmlAgreements\Ldburn Corporation Environment Agmt CRA 912.EA 7 2.docp EA 7.2 (1.29 19) A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ti) 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 7 3 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 8 2 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 Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any 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 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 4 L Icaldim\Agreements\Ldbum Corporation - Environment Agmt CRA 912.EA-7.2,doc.in EA 7 2 (1.29 19) 8 4 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 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, 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 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 5 L 1ca\djm'Agreements\Lilburn Corporation Environment Agmt CRA 9]2.EA 7 2.doe.jn EA 7.2 (1 29 19) IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS Charles M Duggan Jr , City Mdfiager Attest ne Donaldson, City Clerk LILBURN CORPORATION Cheryl 4KTubbs, Vice President 6 L 1caldimlAgreements\Lilbum Corporation - Environment Agmt CRA 912.EA-7 2.doe.m EA7.2(t2919) EXHIBIT "A" SCOPE OF SERVICES 7 L Icaldjm\Agreements\Lilbnrn Corporation Environment Agmt CRA 912.EA 7 2.doc, jn LILBL RN CiRPtj RAI li)'ti EA -72(1.29 19) 5trrrtrrrti PI archin il F.ntatra1 wtrtttaf Sxnrr:ra ?antes 27, 2020 Jocelyn Torres, Aasiotant Planner City: of Redland. Development Senaces Department 35 Cajon Street, Suite 13 Redlands, CA 92.373 SUBJECT. Scope of fork, Schedule, and Cost to ,Review Technical Reports, and Prepare Technical Studies and a CEQA Luna] .Stud} for CRA 912 — Multi -Tenant Industrial Warehonse Project Dear Ms Torres Lilburn Corporation has prepared this proposal to provide the City of Redlands with environmental consanitrng services for a proposed 179,400 square -foot Multi -Tenant Industrial Warehouse Project on two parcels to be merged into one. The project proponent has submitted an application (CRA 932) and will be submitting technical studies to support the proposed project_ The propeety is located oa the east side of Nev. 3eisey Street. approximately 325 feet south of Park Avenue and includes APN 0292-154-09 aiid 0292-154-2.1 and totals approximately 9 01 acres The Proposed Project also incla des the demolition of several buildings outbuildings. and trees on-site that were associated with tie prior use This proposal. addresses Lilbumn Corporation's approach to preparation of' an Initial Study with the anticipated adoption of a Mitigated Negative Declaration. The Applicant will submit a Traffic Impact Analysis, Cailttua1 Resouires Report, Air QualityrGtoba1 Climate Change, Geotechaital Investigation, Phase I ESA, Prehmtuaty Drainage Study, and Preliminary WQMP, each of whiohr will require peer review to determine the adequacy for use in the CEQA document These reports, upon review and acceptance by the City will be summarized for inclusion in the CEQA analysis Lilbrun Corporation has completed CEQA Initial Studies for 10 other wanehtauie projects located in San Bernardino_ Rialto, and Moreno Valley We also prepared visual simulations of the Amar Warehouse on. the north side of 3 10 west of Califointa Street. in Redlands We are available to begin work upon receipt of you: authorization and have no conflicts of interest in performing under contract to the City Please let me know if you have any questions Of need additional clarification regarding our proposed scope of services, dist_ or schedule Siazerely, Cheryl A Tubbs Vice President 1905 Business Center Drive a San Bernardino • CA 92408 *909-890-1818 • Fax 909-890-1809 8 L 1caldjmlAgreements\Lalbum Corporation Environment Agmt CRA 912.EA 7 2.docp EA 7.2 (1.29 19) 1 PROPOSAL FOR CEQA LNTFL&L STUDY CRA 9I Eveczin a Summary The City of Redlands is seelang the professional services of as environmental consulting firm to peer review technical studies. prepare a noise analysis and the appropriate document for compliance with the California Env ronauental Quality Act (CEQA) for the City's use as Lead Agency to consider approval of a proposed multi -tenant industrial warehouse. The Project Site is described as APN 0292-i54-09 and 0292-154-21 and totals 9 01 acres and is the location of the former Bractzen Bard Farm and includes the parcel East south of it The existing buildings and landscaping associated with the previous business will be •demolished as a part of the Proposed Project The project also includes a lot line adjustment to merge the two parcels into one Since incorporation in 1989 Lilburn Coxp.oration has wo ted for various public agencies in the acquisition of permits associated with land use entitlements for land development projects. Ldbuin Corporation has completed environmental assessments of projects throughout the inland Empire since 1989 We have completed technical studies aod'or CEQA documents for several projects proposed ars the City of Redlands. the most recent being the Hilton HOME2 Suites project Selected CEQA documents prepared for Initial Studies include those for the following warehouse projects * Lexington Avenue Warehouse San Bernardino * Locust and Vineyard Warehouse Rialto • Newhope Deis=e Warehouse, Moreno Valley • Baseline and Lateral Warehouse_ Rialto • Alder and Miro Wraehcuse, Rialto • Baseline Road (Palmetto and. Tamaiind) Warehouse, Rialto • Lilac and Valley Warehouse. Rialto The majority of the pen/lifting activity we perforin is to review and evaluate projects` compliance with CEQA and the National Environmental Policy Act (NEPA) Om experience also includes the preparation of visual simulations fox visual resource assessments, an qualitylgreezthouse gas assessments, and Please 1 Environmental Site Assessments Lsltrnrn Corporation staff are experienced sea providing Cit Planning services and provide presentations to appointed and elected ofiraals for project approval considerations. Ldhurn. Co:potation's kev personnel are expert n prepann legally -defensible responses to public .comments and Final CEQAINEPA documents for Lead Agencies to make project approval dectsioas 1! rlbtirn Corporation s experience in CEQA and NEPA compliance includes manage±nent:`coordniation of the public review process including conducting public seeping meetings, and presenting; project fundings to Lead Agency plarminjr, commissions councils, and governing. boards. L11bnrn Corporation nncorpoeated In California oat Ixtls- 1?., 1989 ERN 33 0365513 Contact Cheryl A Tubbs. Vice. President cherykihlbim otp.rom: (909) 890-1818 1 9 L 1ca\djmlAgreements\Lilburn Corporation Environment Agmt CRA 912.EA 7 2.doc )n EA -7 2 (1 29 19) FOR. CEQA IN'IT IAL. S CRA 912 oncfl and Sinka o The City of Redlands is requesting the services of an environmental consulting firm to review Applicant -provided to theicai studies, :prepare additional studies, and prepare and process a California Environmental Quality Act (CEQA) document for Project CRA 312 to develop a 179400 .square -foot multi -tenant hichistrtal warehouse budding on two parcels to be ,merged into one Our methodology fat preparation of the CEQA Initial Study, public review noticing, and presence at public hearings, as requested m the Cnty,s Scope Request is described herein. Our scope of work- will lead to the City's adoption of a CEQA document that will provide for future development of the project The City currently expects that the proposed project would comply with CEQA with preparation of an Initial Study,Mitngated Negative Declaration. Ow overall approach is snmmanzed below Following this mummy. the tasks tegn red are described m detail_ 3 Meet with City and Applicant to Review Proposed Project 3 Prepare .a Comprehensive Project Description for use in the Initial Study • Review Technical Studies submitted by the Applicant o Develop a Draft Initial Stiidv and Mitigation Monnonng and. Reporting Program ('MRP) • Prepare required CEQA notices including Notice of Intent (NOT) and Notice of Deteriuivation (NOD) • Submit NOI to the State Clearingliouse and produce and Circulate Initial Study as directed by City • Review and Discuss Comments Received on Ds om:tent; prepare or assist City staff with Responses 3 Prepare Mitigated Negative Declaration for City adoption 3 Meet with City staff prior to public hearine(s) • Attend public: hearings(s) to support City staff 3 File, NOD with the San Bernardino County Cly of the Board 3 Provide monthly progress reports and invoices. TASK I• MEET w3TIT PROJECT APPLICANT AND CITY, REVIEW PROPOSED PROJECT AND OBJECTIVES The purpose of this task is to collect and review allpertinent background data necessary to conduct the environmental analysts._ It will be necessary to obtain atntl'ictent design detail and site disturbance information to conduct an adequate environmental evaluation. We will review the Site Plan, Grading Plan, and Landscape Plan. as well as the project objectives_ All focused technical studies provided by the Applicant will be obtained during the meeting for :review and: incorporation into the Initial Study ]0 L.IcaldjmlAgreements\Lilburn Corporation Environment Agmt CRA 912.EA 7 2.doc �n EA 72(1.2919) PROPOSAL TOR CEQA ENTITALSi UDY CRA 9I'2 TASIs 2. DEVELOP PROJECTDESCR.IPTION In tine task we will prepare a CEQA Project Description for use m the Initial Study and for reviewing and preparing the technical reports. The Project Description will be developed mn cooperation Alth City- staff and the Applicant. The Project Description will inctnde a summary of the project as proposed.. a discussion of the site plan., and graphics The ,graphics prepared for use in the Initial Study will be based w part on exhibits prepared to date by the project designers and engineers Lilbrnm Corporation will review the Applicant's architectural renderings for adequacy in portraying changes m the visual character of the site. We will photograph the site to document surrounding land uses and current site conditions Final.. approval of the Project Description will be provided by the City TASK 3 RT N -TE FOCI_ STUDIES The ?Applicant will be submitting six doom:newts to the City for use in the project's evaluation 1) Traffic Impact Analysis, 2) Air totality/Global Climate change, 3) Cultural Resources Assessment, 3) Geotechnical investigation; 4) Phase I Env€roamental Site Assessment 3) Hydrology Stud}} and 6) Prelirninai' _ Water Quality Management Plan_ Lilburn Corporation's Principals and subconsultasnts laowledgeable in each of the technical areas will review the studies to determine than adequacy for use in the CEQA document_ A determination will be made regarding each studies' adequacy prior to using the information to complete the Initial Study If other studies are provided by the Applicant for incorporation into the Initial Study we will review those at the City's direction and at a supplemental cost if necessary Following our reviews for CEQA adequacy, we will prepare letter reports of findings for each study If any information is mtissine or the analysts appears deficient for inclusion an the Initial Study, we will bring this immediately to the Crtv,s attention_ Any necessary revisions to documents prepared by others world result in an extension of the project schedule_ TASK -. NOISE IMPACT ANALYSIS The following scope of work will be conducted by Urban Crossroads under subcontract to Liibuzxi Corporation and upon receipt of the Traffic Impact Analysis as approved by the City Engineer Urban. Crossroads will visit the project area and collect tong -term. 24-hour ambient noise level measurements at up to six locationsto quantify the existing noise environment All noise level measurement equipment will satisfy American National Standards Institute (ANSI) standard specifications_ Norse measurement will be collected in a manner consistent with the criteria outlined in the. City's Municipal Code Off-site a Berne daily traffic volumesand related. noise levels will be identified Future traffic noise Impacts with and without the Proposed Project will be projected to determine if noise associated with the addition of project traffic on area road segments will be significant_ Urban. Crossroads will collect reference noise level measurements to represent the expected stationary source impacts associated with the proposed Multi -Tenant Industrial Warehouse 3 11 L'1caldimlAgreements\Lilbum Corporation Environment Agmt CRA 912.EA 7 2.doc.jn PROPOSAL FOR CEQA ENTITIAL STIMY CRA 912 EA 7.2 (1 29 19) Project land uses including, roof -top air conditioning units, parking lot vehicle movements, idling trucks delivery truck activities, backup alarink refrigerated containers or reefers aswell as loading and unloadingof dry goods.. They will evaluate the potential stationary source noise impacts associate with the operation of the proposed Project andrecommend mitigation measures to reduce the potential noise impacts .to any nearby noise-sensitwe lases. Any operational noise impacts expected at the nearby noise-sensttive uses will be evaluated.. The analysis will include a neap showing the relationship between the noise source and each siurounding noise -sensitive re tor- talang into account the distance and existing noise bathers If necessary, they will identify potential noise abatement measures to ensure that the noise levels satisfy the apphc:able City of Redlands criteria at the sensitive receiver locations Additionally, temporary construction noise impacts anticipated from the project will be calculated and a determination will be made as to whether project construction noise would exceed applicable City standards at nearby sensitive receptors. Any gronndbome vibration estimated to be associated with proposed construction activities will be evaluated to determine if it would exceed any applicable standards or disturb nearby sensitive receptors. The final report will summarize the results of the noise study, address potential noise impacts and protide appropriate mitigation measures as necessary for incorporation into the CEQA Initial Study TASK S• PREPARE L111IAL STUDY & M 1RP Rased on the fiediags of the technical studies prepared and reviewed. and the information contained in the Project Description,we will prepare an. Arbnin+strative Draft. Initial Study to evaluate all potential environmental impacts associated with the proposed Project We will utilize the City's Current format for an Initial Study The Initial Study will include mitigation measures for any identified significant or potentially significant impacts and supporting documentation as required, We will incorporate relevant and available information. from the site visit and the technical studies: Lilbuxn Corporations. will: address all CEQA and Ctty-required environmental resource areas We tri ill suurimarize and incorporate the 8ndiugs .of all technical studies provided to us We will. assist Plannin : staff with identifying and•or ieftning any necessary mitigation measures that would result from the City's consultation with local Native American Tribes .Miitigatioii measures would be incorporated as necessary into the Initial Study to address potential Impacts during the Project's construction phase.. We will prepare a Mitigation Monitoring and Reporting Program (MMRP) to include mitigation measures identified in the circulated initial. Study and iiiconsideration of any public input_ Mitigation Measures may be amended or :supplemented to address any valid public continents received and the City's responses to comments Ltlburn Corporation will submit the Administrative hutial Study and MMRP electronically for the City's review The City will then provide cointnentslrevLsions to Lilburn Corporation Following completion of the review by staff. we will revise the document as necessary and prepare 4 12 L 1caldjm\Agreements\Lilburn Corporation Environment Agmt CRA 912.EA 7 2.doc.in EA -7 2 (1.29 19) PROPOSAL FOR CEQA L ITLAL STtDY CRA 912 a final dam Initial Study The City may conduct a final review before determining the document is ready to release for public review. Notices and Circulation_ Upon approval of the Initial Study, Litbum Corporationwill prepare notices for the City to conduct a 30 -day pubhc review Our costestimate mchtdes the preparation of the Notice of Completion and Notice of Inert. We wilt also be respcsmsible for circulating the document via ctert'siied. mail to the State Clearinghouse, responsible andtrustee agencies, and other interested agenriestparties including Tribal Governments The City will prepare and post a legal notice in the Redlands Daily Facts (or oth€r newspaper of general csrrulatum)_ We will also prepare a Notice of Availability (NOA) for the City's distribution as required. Upon completion. of the public review period, our project teasn will review any public comments received on the docwsnent and discuss with the City any substantive changes that should be made to the project or the Initial Study as a result of the comments received. We will make any revisions to the Initial Study as determined necessary and as directed by the Ctty TASK 6 FINAL DOCUMENTS Upon completion of the public review process we will discuss any comments received with City staff and deter nine whether any comments warrant a written response. We will work with City staff'as necessary to prepare response letters of needed. Lilbuni Corporation will prepare the Notice of Determination (NOD) and upon City approval. we will file the notice if requested with the County Clams; of the Boars_ TASK '7• PROJECT MNAGEMENT & MEE1INGS Throughout the project, coordination with the City will be regularly initiated to discuss rewults tsf analyses; obtainadditic:nal information as necessary_ resolve any contract ado inistratsort. issue. and provide schedule updates We will attend a lack -off meeting and will participate in regular conference calls if directed. Lilb ni Corporation will attend a staff meeting to discuss the final CEQA document and findings prior to public hearings that will be scheduled with the Planning Commission (PC) and possibly City Council Our Fee Proposal rachides attendance at one public hearing before the Planning Commission; additional heariuns may be required that would be attendedas optional tasksand have been included in the Fee Proposal as such. Proxect Se aid The schedule we propose will provide for submittal of a Draft Initial Study to the City within 45 days of received a Notice -to -Proceed (NTP).. Tits assumes that changes to the project proposal are not macre after we begin work_ The schedule for the cotnpletton will be dependent on a number of factors =chiding the amount of time the City will need to review the submittals and provide input, and the number of conamxentsreceived on the Draft Initial Study 5 13 L Icaldjm\Agreements\Lilbum Corporation - Environment Agmt CRA 912.EA 7 2.doc.jn EA -72(129 19) PR1 POSAL FOR CEQA DiFFIA.L STUDY CRA 912 Milestones for each of the major tasks identified in our Scope of Work are shown on the following schedule. We are committed to meeting these milestone dates assuming no constraints to the .schedule occur that are outside odour controL All pessonnel that will be a.ssigued to this project have the capabilities to perform the work and their present wozkioad has been accounted for in the schedule provided herein. Project Schedule for CEQA Consulting Services CRA 912 — ?limn -Tenant industrial Warehouse Project Tasks Duration (calendar days) Site Visit Kick-offMeeting 1 Prepare CEQA Project Description 3 days following Kick-off Cit? Approval of Project Description 5 days Review Applicant -provided Stag lieas 5 days following receipt of studies and approval of Project Description Prepare Administrative Draft Initial Study and MMRP (following receipt of revised or final sues) 32 days City Review of Administrative Draft Initial Study- MMRP 7 days Prepare 1rd Vesiors of Administrative Draft Initial Study :10 days City Review and Com+Ment_ Compilation ofDIaft IS & MMRP for. Public Review 11 days Posit Copies of IS for Ne±trin fiCtrcuiatron. ,3 Clays Public Review Period 30 days Prepare Draft Responses to Comments 5 days City Review of Responses to Comments 7 day's Prepare Final apon s to Comments 2 days 1u PC Public Hearing, 2>ul Hearing (if necessary) and File NOD (5 days following Decision to Approve) 5 14 1. 1ca1djm\Agreements\Li]bum Corporation Environment Agmt CRA 912,EA 7 2.doc jn EXHIBIT "B" PROJECT COSTS AND HOURLY RATES Cost Estimate for Environmental Consulting Services Initial Study for CRA 912 - Proposed Multi -Tenant Industrial Warehouse Project City of Redlands COST CATEGORY LABOR TOTAL ESTIMATED COSTS TASKS Punct aV P Project Dfrector $2F57hr Protect Manager S155/hr. 3r Environ. Analyst $155fnr. Emmon. Analyst $A57hr CAD Designer $120/hr Ward Processor $105/hr Labor Subtotal Subconsultants/ Other Direct Costs Hours Costs Task 1 Site Visit, Kick-offMtgw/City &Applicant 2 4 4 10 51 390 $1,390 Task 2. CEQA Project Description 1 6 2 9 51,315 $1,315 Task 3 Review Applicant's Studies for CEQA Adequacy 6 6 12 $2,220 54,600 a 56,820 Task 4 Noise Impact Analysis 2 2 $430 $8 715 a Task 4 Initial Study & Notices for Public Review48 110 2 6 168 518,090 518.090 Task 5 Final Documents/MMRPINOD I 6 10 4 21 52,415 52 415 Task 6. Project Management , StaffMtg. & PC Hearing b 4 12 2 18 52,890 52,890 TOTAL TASKS18 76 6 128 2 10 240 528 750 513,315 532,920 ' Subconsultants (5% mark-up) b Additional Puhlic Hearings = $750/meeting EA -7 2 (I.29 19) 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 §1861) 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 LILBURN CORPORATION By /2 Cheryl A ubbs, Vice President Date 2/ 620 16 L 1caldimlAgreements\Ldburn Corporation Environment Agmt CRA 912.EA-7 2.doc in