HomeMy WebLinkAboutContracts & Agreements_55-2021AGREEMENT 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 5th day of April, 2021 ( "Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and EPD Solutions, Inc.
("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 in connection with City's processing of an application for a private development project
(the "Project") which is more particularly described in Exhibit "A."
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform including a Project schedule, are more particularly
described in Exhibit "B," titled "Scope of Services," which is attached hereto and incorporated
herein by reference.
2.2 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. Consultant shall
exercise due and reasonable professional care in observing those federal, state, and local
codes, standards, statutes, and regulations applicable at the time Consultant renders services.
It is understood, however, that various codes and regulations are subject to varying and
sometimes contradictory interpretation. Consultant shall exercise its professional skill and
care consistent with, and limited to, the generally accepted standard of care to provide a design
that complies with such regulations and codes.
2.3 Consultant shall comply with applicable federal, state and local laws and regulations in its
performance of the Services pursuant to 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.
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ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall commence the Services on the Effective Date of this Agreement and
complete the Services in accordance with the Project schedule.
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.
4.3 The Services may be suspended in the event of either of the following:
A. A substantial failure of performance by eitherParty; or
B. Any City payment that is more than thirty (30) calendar days past due, and Consultant
shall have no liability to City for delay or damage caused City because of such
suspension ofservices.
Before resuming services, City shall pay Consultant all sums due prior to such suspension and
expenses incurred in the interruption and resumption of Consultant's services. Consultant's
fees for the remaining services and the time schedules shall be equitably adjusted.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of one hundred twelve thousand eight hundred fifty dollars ($112,850). City shall pay
Consultant on a time and materials basis, except for identified fixed -cost tasks, all up to the
not to exceed amount, in accordance with Exhibit "C," titled "Project Budget," which is
attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during
the preceding month. Consultant's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to the Services. Prints, or document
printing, will be billed directly to City by the print company at no additional Consultant
administrative cost, or billed by Consultant at cost plus fifteen percent (15%). All other
reimbursable expenditures will be invoiced'at cost plus fifteen percent (15%) handling fee.
Subconsultant costs will be billed at cost plus twenty-five percent (25%). Mileage will be
billed at the standard Federal rate as provided for under Internal Revenue Code. City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of Consultant's
invoice.
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
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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 "D,"
titled "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. 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. Professional liability insurance per claims made in the amount of One Million Dollars
($1,000,000) and Two Million Dollars ($2,000,000) aggregate. Consultant specifically
waives any rights of recovery against City because of any payment made to the extent
coverage is provided by the policy.
E. 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.
F. The insurance pursuant to this Section 6.1 provided shall waive any rights of recovery
against City because of any payment made to the extent coverage is provided by the
policy. Waiver of subrogation provision shall be provided by WC 04 03 06 (Ed. 4-84)
from the Workers' Compensation Insurance Rating Bureau or WC 00 03 13 (Ed. 4-
84) from the National Council on Compensation Insurance, or other comparable
endorsement.
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.
6.3 Consultant will be legally liable for only the Services expressly undertaken pursuant to this
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Agreement, and not otherwise. Consultant will not be legally liable for the providing of, or
the failure to provide other services, even if information from others is incorporated into
Consultant's instruments associated with the Services for ease of reference or otherwise.
Further, and without limitation, Consultant will not be responsible for delays or other matters
beyond its reasonable control; for inaccurate information provided to it by City or other
reasonably reliable sources.
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:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) 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.
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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 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.
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 (i) no
amount shall be allowed for anticipated profit or unperformed Services, and (ii) 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, excepting those provisions dealing with conflicts of laws.
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
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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.
8.9 City and Consultant agree that services performed by Consultant under this Agreement are
solely for the benefit of the City, and are not intended by either City or Consultant to benefit
any other person or entity including, but not limited to, the Project contractor and/or any of
its subcontractors. Any such benefit is purely incidental and such other person shall not be
deemed a thud -party beneficiary of this contract.
8.10 Consultant shall be entitled to rely, without liability, on the completeness and accuracy of any
and all information and data provided by City, City's consultants and contractors, and
information from public records, without the need for independent verification.
Notwithstanding the foregoing, Consultant shall use its reasonable judgment and experience
in determining whether such reliance is advisable.
8.11 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; (ii) 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.O. Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands.org
Phone: (909) 798-7555
Fax: (909) 792-8715
CONSULTANT:
Jeremy Krout, AICP, President/CEO
EPD Solutions, Inc.
2 Park Plaza Suite 1120
Irvine, CA 92614
jeremy@epdsolutions.com
Phone: (949) 794-1181
Fax: (949) 752-0597
8.12 Notwithstanding completion or termination of this Agreement for any reason, all rights, duties
and obligations of the Parties shall survive such completion or termination and remain in full
force and effect until fulfilled hereunder and termination of this Agreement.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS EPD SOLUTIONS, INC.
By: By:
Charles M. Duggan, Jr., C t Van r
ATTEST:
By:
beA"e Donaldson, City Clerk
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EXHIBIT "A"
PROJECT OVERVIEW
SITE BACKGROUND & PROPOSED DEVELOPMENT
The project site is currently located in Downtown Redlands between W. Redlands Blvd, Orange
Street, E. Citrus Ave, a public alleyway, and N. Eureka Street at APNs 0171-053-01, 0171-053-
02, 0171-053-03, 0171-053-04, 0171-053-05, 0171-053-069 0171-251-06, 0171-251-07, 0171-
251-08, 0171-251-09, and 0171-251-10. The project site is approximately 12.25-acres and is
developed with two commercial buildings and parking lots. The site currently has a General Plan
designation of Commercial and zoned for C-3, General Commercial and is located within the
Transit Villages Overlay Zone. The project site is located approximately 580 feet from the future
Downtown Redlands Arrow Rail Station.
The project consists of the demolition of existing buildings and the construction of four 3- to 5-
story buildings with approximately 695 multi -family residential units, 73,000 square feet of ground -
floor retail, and 12,000 square feet of upper floor office space and restaurant space. The project
also includes a 657 stall 6-level parking structure and two single level sub-terranean parking
structures with 276 and 259 stalls. Recreational areas -include a public green space fronting Third
Street, as well as a stand-alone 6,000 sq. ft. two-story recreational amenity building with resort
style pool. A drugstore of 14,600 sq. ft. with drive through and surface parking lot is planned for
the out -parcel site.
The project would include a Code text amendment of the existing C-3 zoning designation
eliminating reference to residential R-3 zoning to allow residential density to exceed the density of
R-3 and amend the parking requirements to match draft Transit Villages Specific Plan parking
standards.
According to SCAG's 2020-2045 Regional Transportation Plan (RTP)/Sustainable Communities
Strategy (SCS), the project site is located in a High Quality Transit Area and a Transit Priority
Area. As such, the site is located in. a High Priority Growth Area.
A-1
EXHIBIT "B"
SCOPE OF SERVICES
EPD Solutions will prepare a Sustainable Communities Environmental Assessment (SCEA) to
analyze the construction and operation of the proposed mixed -use project the compliance with the
CEQA Statute Section 21155. In support of the CEQA process, the EPD team will conduct the
required studies and incorporate the findings of the studies into the SCEA.
Scope of Work Tasks
The following tasks are required to complete the environmental documentation for the project. In the
sections that follow, more details are provided regarding how each task will be accomplished, which
team members will be responsible for each task, and the work products that will be produced.
Task 1: Project Initiation, Preparation of Project Description & Tribal Consultations
Task 2: Peer Review of Applicant's Technical Studies and Preparation of Technical Studies
Task 3: Draft SCEA
Task 4: Final SCEA
Task 5: Meetings, Conference Calls, and Other Communications
Task 6: Notice of Determination
Task 7: CEQA Project Management/Coordination
The following scope of services details EPD's proven process for efficiently producing a reliable,
quality, and defensible SCEA for the proposed project.
Task 1 Project Initiation, Preparation of Project Description, & Tribal Notifications
Upon receipt of the Notice to Proceed, the EPD team will request all of the project description and
project site information that is available and will schedule a kickoff meeting with the Applicant and
City staff. Key topics to be discussed during this meeting may include obtaining additional detail on
the project, community or agency concerns, anticipated environmental impacts, communications
processes and roles, the initiation of technical studies, the target project schedule, and any requested
adjustments to the scope of work contained in this proposal.
The EPD team will review existing documentation about the project site and supporting reports,
which will be summarized in the background sections of the CEQA document. With this background
information, as well as any project studies or engineering information, a detailed project description
will be prepared. EPD will include detailed project information to allow for an efficient and well -
supported analysis of all environmental issue areas to be studied in the CEQA document.
EPD will review these documents for CEQA adequacy in support of the SCEA. It is expected that the
above listed studies would be adequate to respond to Appendix G questions related to the relevant
CEQA impacts areas, technically accurate, and consistent be with the project description.
B-6
One of the keys to successful CEQA compliance is a clear definition of the project and its
components. The project description must be complete, comprehensive, stable, and finite to analyze
the impacts accurately and fully. EPD will identify any additional information needs to develop a
thorough and complete project description. EPD will provide a draft of the project description to
project team for review. EPD will make revisions, as necessary. EPD assumes one round of review
for this task.
Task 2 Peer Review of Existing Technical Studies and Preparation of Additional Technical
Studies
The technical studies listed below are anticipated to be required for the project specific CEQA
analysis. The studies are expected to be provided to EPD for use in the CEQA document. EPD will
conduct one review the studies for CEQA adequacy as part of Task 2. These reports will also be
reviewed in detail by City staff and all required updates must be completed prior to acceptance of
the documents.
■ Hydrology Study/Water Quality Management Plan
■ Geology and Soils Report
■ Phase I ESA
■ VMT Analysis and Traffic Impact Analysis
■ Air Quality, GHG, and Energy Analysis
EPD will prepare the following studies in support of the SCEA:
2.1 — Cultural and Paleontological ResourcesAnalysis
Task 1: Cultural Resources Background Research
• Review the existing records search results from the cultural study prepared by MCC for
the Transit Villages Specific Plan EIR
Task 2: Native American Background Research
• The results of outreach efforts from the Transit Villages Specific Plan cultural study will
also be included in the technical report. We assume any required consultation will be
conducted by the Lead Agency, however we have included time to assist with coordination
and prepare for and attend a 2-hour conference call, should that occur. We assume no in -
person meetings will be required.
Task 3: Paleontological Resources Records Search
• Review of paleontological resources records search results from the paleontological
resources study prepared by MCC for the Transit Villages Specific Plan ETR
B-6
• Staff will project the project area onto the highest resolution maps available for the
region, review the results of the records search of the project area.
Task 4: Cultural and Paleontological Survey
• MCC will perform an intensive -level pedestrian field survey of the property, to identify
cultural and/or paleontological resources that may be visible on the surface.
• MCC will also examine surface sediment to contribute to our understanding of the
paleontological sensitivity of the project area.
• This work will be conducted by two people who are Qualified Archaeologists and Cross -
Trained Paleontologists.
Task 5: Cultural and Paleontological Resources Technical Reports
• MCC has assumed this project will not have federal oversight, and that no cultural or
paleontological resources lie within the project area.
• MCC will prepare two separate technical reports which address each discipline.
• MCC assumes there will be negative findings within the reports. The reports will include
a project description, brief culture history/paleontological context of the area, maps of the
proposed project, methods, and results.
• MCC will include the cultural and paleontological records search results and Native
American consultation and background research as appendices to the reports.
• MCC will electronically submit the reports and will provide one round of minor editorial
comments. Principles will provide final QA/QC on the deliverables to ensure that they meet
the standards of the Lead Agency.
Task 2 Deliverables
No.
Format
Description
1
PDF Word
Draft Technical Studies
1
POP/Word:
Final Technical Sfiudes_ .
Task 3 Draft SCEA
3.1 Administrative Draft SCE4
EPD will prepare an Administrative Draft SCEA for the project to address CEQA requirements.
3.3.1 2020-2045 RTP/SCS ConsistencyAnalysis
The SCEA would include an analysis of the project's consistency with the policies included in the
2020-2045 RTP/SCS prepared by SLAG. EPD will review the 2020-2045 RTP/SCS for applicable
policies related to energy efficiency, VMT reduction, development in High Quality Transit Areas,
and development within Transit Priority Areas. Based on this review EPD will prepare a
consistency analysis for inclusion in support of the SCEA document.
3.3.2 Review of Applicable RTPISCS and General Plan findings & Mitigation Measures
EPD will review the 2020-2045 RTP/SCS EIR and City of Redlands General Plan EIR for all
findings related to development of the project site. EPD will make maximum use of standard
w 'J
conditions of approval and existing plans, policies, and programs, along with 2020-2045 RTP/SCS
EIR proj ect-level mitigation measures and City of Redlands General Plan regulatory requirements
& mitigation measures, as applicable, to minimize any potential impacts. Public Resources Code
(PRC) Section 21155.2, and 21159.28(a) require that a TPP incorporate all feasible mitigation
measures, performance standards, or criteria from prior applicable EIR.s, which for the project
would include the 2020-2045 RTP/SCS Program Environmental Impact Report for SLAG.
3.3.3 Preparation of Appendix G Checklist
EPD will apply the checklist contained in Appendix G of the CEQA Guidelines as used by the
City. This task will be aided by the preparation of technical studies ahead of the SCEA, which will
allow for documentation of impacts to be included in the SCEA.
3.3A City and City Review of Administrative DraftSCEA
EPD assumes that there will be two rounds of review of the Administrative Draft SCEA. One
review round would be conducted by just the City and the either would be conducted by both the
City and the Applicant.
3.2 Public Review Draft SCEA and Notice of intent
City and Applicant comments on the Administrative Draft SCEA will be incorporated into a Public
Review Draft SCEA. Concurrently, EPD will prepare a Notice of Availability (NOA) for the
SCEA using the City's standard form. EPD will coordinate with the City in preparing a draft
distribution list that would include regional agencies and persons requesting information, which
will be submitted to the City for review and comment. EPD will also work in close collaboration
with the City to distribute the Public Draft SCEA, circulate public notices, and meet the CEQA
filing requirements. One round of review is assumed.
After the project team and City directs EPD to release the Public Draft SCEA document for public
review, unless the City chooses to do so, EPD will be responsible for printing and distributing the
environmental document and preparing the necessary forms, and will distribute them to all
identified local, regional and State agencies, as well as Tribal Governments within 5 days. A copy
of the NOA (including required copies of documents) will be filed with the San Bernardino County
Clerk. As required by Public Resources Code Section 21155.2, the public review period for the
SCEA is expected to be 30 days. If it is determined the SCEA must be circulated to State agencies
through the State Clearinghouse (SCH), the NOA will be filed with SCH.
Task 3 Deliverables
No.*
Format
Description
1
PDF/Word
Administrative Draft SCEA and technical studies
1
_PDF/Word
1
Unbound
Public Draft SCEA and technical studies
15
Bound Print
15
CDs
1
PDF/Word
Notice of Availability, (NOA)
::
Task 4 Final SCEA
4.1 Final SCEA and Response to Comments
Although not mandated by CEQA, EPD will prepare responses to comments received on the SCEA
and prepare a Final SCEA to enable City decision makers to adequately consider and address any
agency, organization, or community comments and concerns. Following receipt of all comments
on the SCEA, a Response to Comments section will be created for the Final SCEA, which will
contain an introduction describing the public review process concerning the SCEA, copies of all
comment letters received, plus written responses to all comments. Responses will focus on
comments that address the adequacy of the SCEA. Comments that do not address SCEA adequacy
will be noted as such and no further response will be provided, unless deemed necessary by the
City.
It is difficult to predict the number of comment letters that will be received in response to the
SCEA. As an estimate, the proposed budget estimates multiple comment letters related to the
environmental analysis will be received as the project is expected to be controversial and includes
approximately 40 hours for this task and one round of review and revision. After the City review,
the Response to Comments will be revised, finalized, and submitted to City staff for final review
and approval to distribute. The budget for the Final SCEA is an estimate only and assumes that no
additional basic research will be required to respond to comments, that the comments will be
directed at the substance and technical adequacy of the SCEA, and that the comments will be
compiled by the City and transmitted in writing or via e-mail to EPD. If an unexpectedly large
volume of comments is received, or if certain comments result in the need for substantial response,
or new research or analysis, the initial budget may not be sufficient. Should this situation become
apparent, we will discuss this concern with the City before the responses budget is consumed and
determine an appropriate course of action.
4.2 Mitigation Monitoring and Reporting Program
A Mitigation Monitoring & Reporting Program (MMRP) will be prepared for the proposed SCEA.
The MMRP would be prepared pursuant to Section 21081.6 of the Public Resources Code. It will
be presented in standard City format (if available) or a standard format commonly used in other
jurisdictions. The MMRP will identify the significant impacts that would result from the project,
proposed mitigation measures for each impact, the time at which each measure will need to be
conducted, the entity responsible for implementing the mitigation measure, and the City
department or other agency responsible for monitoring the mitigation effort and ensuring its
success.
Task 4 Deliverables
No.
Format
Description
1
PDF/Ward
1
Unbound
Final SCEA and technical studies
5
Bound Print
5
CDs
Mrs
Task 5 Meetings, Conference Calls, and Other Communications
Throughout the process, EPD will coordinate with team and City staff in ensuring the project is
accurately and appropriately assessed in the environmental document. EPD assumes attendance to a
minimum of four internal meetings (possibly virtual) with City staff, and attendance at two public
hearings (Planning Commission and City Council) by consultant team members responsible for
preparation of the SCEA and technical studies.
Task 5 Meetings
No,
Format
4
Internal Meetings with City Staff
2
Planning,,Commission and City Council Hearings
As needed
Regular communications via telephone and email
Task 6 Notice of Determination
Within 5 days of the Final SCEA adoption, EPD will file a Notice of Determination (NOD) with
the San Bernardino County Clerk. The NOD will use the City's standard form. It will be
transmitted by certified and express mail or will be hand delivered so there is a record of receipt.
In addition, EPD will file and process the Request for No Effect with Fish and Wildlife during this
task.
Task 6 Deliverables
No. "
Format
Description
1
PDF/Word
Notice of Determination (NOD)
Task 7 CEQA Project Management/Coordination
EPD's CEQA project manager will coordinate closely with City staff to ensure that the SCEA and
associated documents delivered to the City are legally defensible, accurate, and useful to decision
makers considering the approval of the project. The project manager will also coordinate with City
staffthroughout the process not' only to streamline the CEQA process, but to avoid or anticipate any
changes that could result indelays.
The project manager will be the key contact and will be responsible for managing (1) SCEA task
scheduling and assignments, management of resources, monitoring of costs, and schedule adherence;
(2) consultation and coordination with local and state agencies relative to the environmental document
and the environmental review process; (3) coordination and communications with the Applicant's
project team to ensure that City policies, procedures, and any applicable codes are complied with and,
where applicable, are incorporated into the SCEA; (4) ensuring that the environmental review process
and the SCEA satisfy the statutes and guidelines of CEQA and CEQA procedures; and (5)
representing the consultant team in publicmeetings.
This scope of work assumes ongoing project management at an estimated 1 hour/week for the project
manager and 2 hours/month for the principal -in -charge are included for the duration of the 8-month
B-6
schedule (excluding the public review period) as estimated in this proposal.
Project Schedule
On the following page is an estimated project schedule based on the information we have available.
It should be noted that delays to the technical studies, timely reviews and plans would impact the
ability to meet the schedule.
I: .
City of Redlands
The Village at Redlands Mall
Task Name �—
Duration
Start
Finish
i
E gpnMl€
B Y E
B e E
July B �M E
.August
gu E�e.
mEt�BctOber�
11 E.
[ID
1
CEQA Process
122 days?
Fri 3/19/21 Tue 9/7/21
2
Task 1. Project Kickoff Initiation & Preparation of
1 wk
Mon 4/5/21 Fri 4/9/21
G #;#T', j
Projed Description
Task 2: Technical Study Review
Technical Studies from Applicant
46 days
6 wks
Fri 3/19/21 Fri 5/21/21
Fri 3/19/21 Thu 4/29/21
--_ j
3
4
5
Task 2.1 Cultural and Paleontological Resources
5 wks
Mon Fri 5/21 /21
Analysis
Task 3. Draft SCEA
Task 3.1 Administrative Draft SCEA Preparation
City Review
13 days
1
4/19/21
Fri 4/30/21 'Tue 5/18/21
Wed 5/19/2Tue 5/25/21
s
6
7
8
Task 3.2 Public Draft SCEA
wk
8 days
Wed 5/26/2Fri 6/4/21.,'"'
9
City Review & Final Revisions
Final SCEA Revisions
1 wk
3 days
Mon 6/7/21 Fri 6/11 /21
Mon 6/7/21 Wed 6/9/21
s IS,
10
11
�12
30-day public review period
Task A. Final SCEA
30 edays
7 days
Wed 6/9/21'Fri 7/9/21
Mon 7/12/2'Tue 7/20/21
d4 I
13
14
Hearings
Planning Commission (Special Hearing if possible)
Planning Commission (2nd Tues)
35 days
0 days
0 days
Tue 7/20/21 Tue 9/7/21
Tue 7/20/21 Tue 7/20/21
Tue 8/10/21 Tue 8/10/21
i I
710
8/10
15
�16
17
City Council (1 st & 3rd Tues)
0 days
Tue 9/7/21 Tue 9/7/21
4 9/7
Thu 4/1 /21
EXHIBIT "C"
PROJECT BUDGET
EPD proposes the budget on the following page for the SCEA scope of work.
Assumptions
Our cost estimate is based on our scope of services and the following assumptions:
• The cost estimate is valid for up to 180 days from the date of submittal, after which it may be
subject to revision.
• Costs have been allocated to tasks to determine the total budget. A "not to exceed" dollar amount
for each of the tasks are provided except where indicated as a "Fixed Fee."
• If additional meetings or site visits are requested or additional work beyond the allowances
described herein are required, such meetings and work would require an amendment of the budget.
• Reimbursable expenses are estimated and will be billed at actual cost, plus 15 percent
administrative charge.
• Additional review cycles or additional versions of administrative drafts of any documents beyond
the assumptions contained within the scope of work will constitute additional work.
The budget is based on completion of work within a maximum 9-month schedule. If a delay occurs
as a result of circumstances beyond control, we reserve the right to adjust our budget to account
for additional project management requirements, increased labor rates, and other costs.
Proposed Fee
The following is the proposed not -to -exceed fee for the above scope of work.
StaffMomber
Jeremy
Krout
Konnie
Dobrova
Brad
Perrino
/Renee
Escoria
Vince
Mirabell
a
Meghan
Macias
Project
Planner
EPD Labor Total
Subconsultants
TOTAL
LABOR
burly Rate
$250
$230
$185
$150
$210
$150
Proposed Work Scope Tasks
Hours
Hours
Hours
Hours
Hours
Hours
Hours
$
$
$
Task 1. Project Kickoff Initiation & Preparation of Project Description
1
4
8
12
25
$ 4,450
$ 4,450
Task 2: Technical Study Review and Preparation of Additlonal Technical
Studies
5
19
6
6
4
4
$ 7,425
$ 7,425
Task 2.4 Cultural and Paleontological Resources Analysts
1
6
7
$ 1,085
$ 9,320
$ 10,405
Task 3. Draft SCEA
Task 3.7 Administrative Draft SCEA
4
30
90
150
274
$ 47,050
$ -
$ 47,050
Task 3.2 Public Draft SCEA
14
14
23
51
$ 9,260
$ -
$ 9,260
Task 4. Final SCEA
11
28
24
63
$ 11,310
$ 11,310
Task 5. Meetings Conference Calls, and Other Communications
15
15
15
45
$ 8,475
$ -
$ B,475
Task 6. Notice of Determination
1
3
4
$ 635
$ 635
Task 7. Project Management and Coordination
4
1 18
1 20
42
$ 8,840
$ -
$ 8,840
LABOR SUBTOTAL
91
971
1961
6
237
551
$ 98,530
$ 9,320
$ 107,850
EXPENSES BUDGET
1
$ 51000
Not To Exceed Total
$ 112,850
EA 7.2 (1.29.19)
CONSULTANTS RESPONSIBILITIES:
Consultant will perform its professional services in the manner identified in the Agreement up
to the identified maximum professional, services fee. Services provided on a time and materials
basis or additional services will be charged based on the following hourly billingrates:
List of Standard Hourly
Rates
Position
Hourly Rate
President/Principal
$250
Vice President of: Planning/Environmental Planning/ Development,
Transportation Planning; Principal Engineer
$230
Director of: Planning/Environmental Planning/Development,
Transportation Planning
$210
Senior: Project Manager/Planner/Transportation
Planner/Engineer/Environmental Planner/Associate
$185
Project Manager
$170
Associate Planner; Environmental Planner; Transportation Planner
$155
Assistant: Project Manager, Environmental Planner; Transportation
Planner; Project Planner
$150
Project Coordinator; GIS Analyst
$135
Support Staff
$85
Once the maximum fee is reached, Consultant will stop work unless Consultant and City agree to
increase the maximum fee amount or City agrees to pay for additional services in accordance with
Consultants billing rates identified herein.
1. Consultant will complete professional services described in this Agreement as
expeditiously as is consistent with, and limited to, Consultant's standard ofcare.
2. This Agreement comprises the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by an
authorized representative of both City and Consultant.
3. If any of the provisions of this Agreement shall be finally determined to be invalid or
unenforceable in whole or in part, the remaining provisions hereof shall remain in full force
and effect and be binding upon City and Consultant hereto. City and Consultant agree to
reform this Agreement to replace any such invalid or unenforceable provision with a valid
and enforceable provision that comes as close as possible to the intention of the stricken
provision.
4. If the scope of services includes Consultant's assistance in applying for governmental
permits or approvals, Consultant's assistance shall not constitute a representation, warranty
C
LAca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA 7.2.FY20-0100 - Final.docxjn
EA 7.2 (1.29.19)
or guarantee that such permits or approvals will be acted upon favorably by any
governmental agency.
5. Governing Law: The laws of the state in which the Project is located shall govern the
validity and interpretation of this Agreement.
6. Construction Observation: Consultant shall visit the project at intervals appropriate in the
Consultant's professional opinion, during construction to become generally familiar with
the progress and quality of contractor's work and to determine if the work is proceeding in
general accordance with the Contract Documents. City has not retained Consultant to make
detailed inspections or to provide exhaustive or continuous project review and observation
services. Consultant does not guarantee the performance of, and shall have no
responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any
other entity furnishing materials or performing any work on theproject.
If City desires more extensive project observation or full-time project representation, City
shall request such services be provided by Consultant as Additional Services in accordance
with the terms of this Agreement.
It is agreed that Consultant's services under this Agreement do not include project
observation, review of contractor's performance or any other construction phase services.
City assumes all responsibility for all construction phase services including, but not
limited to:
a. Submittal review and approval
b. Contract document interpretation
C. Site observations
d. Change order review and approval
e. Review and approval of contractor payment applications
£ Certificates of substantial and final completion
g. Preparation and disposition of punch lists
h. Responding to contractor requests for information
i. Administration of any operational and maintenance training including collection
operational and training manuals
City waives any claims against Consultant that may be in any way connected with City's
decision not to retain Consultant to performance construction phase services. City agrees,
to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its
officers, directors, employees and sub -consultants (collectively, Consultant) against all
damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising
out of or in any way connected with the performance of such services by other persons or
entities and from any and all claims arising from modifications, clarifications,
interpretations, adjustments or changes made to Contract Documents to reflect changed
field or other conditions.
D
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EA 7.2 (1.29.19)
City, City's contractors or subcontractors, or anyone for whom City is legally liable shall
assume full responsibility for the results of any changes made to the Contract Documents
during construction. City agrees to waive any claims against Consultant and to release
Consultant from any liability arising directly or indirectly from such changes.
Contract Documents Definition: Consultant consist of the agreement, conditions of the
contract (general, supplementary and other conditions), drawings, specifications, addenda
issued prior to execution of the Agreement, other documents and modifications issued after
execution of the Agreement.
7. Jobsite Safety: Consultant shall not supervise, direct or have control over general contractor
or its subcontractors, regardless of tier, any employee or agent thereof (hereinafter
"Contractor") work. Consultant shall not have authority over or responsibility for the
construction means, methods, techniques, sequences or procedures or for safety
precautions and programs in connection with the work of Contractor. Consultant does not
guarantee the performance of the construction contract by Contractor and does not assume
responsibility for Contractor's failure to furnish and perform its work in accordance with
the Construction Documents.
E
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EA-7.2 (1.29.19)
EXHIBIT "D"
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
A�am aware of the provisions of Section 3700 of the Labor Code which requires every
e foyer 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).
affirm that at all times, in performing the work and activities required or permitted under
is 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.
EPD SOLUTIONS, INC.
By:
Jere y Krout, A P, P esident/CEO
Date:
LAca\djm\Ageements\EPD solutions, Inc. Environment Agmt.EA-7.2.FY20-0100 - Final.docxjn