HomeMy WebLinkAboutContracts & Agreements_232A-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 7th day of December, 2021 ( "Effective Date"), by
and between the City of Redlands, a municipal corporation ("City") and Lilburn Corporation, a
California 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," entitled "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 June 1, 2022
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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 If the Initial Study ("IS") prepared by Consultant concludes that a Mitigated Negative
Declaration ("MND") should be prepared, the total compensation for Consultant's
performance of the Services for such MND shall not exceed the amount thirty-five
thousand eight hundred sixty five dollars ($35,865) For the preparation of any other
environmental documents deemed appropriate or necessary by the IS, City shall pay
Consultant on a time and materials basis, up to the not to exceed amount, in accordance
with the rates set forth in 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 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 or electronic mail
transmission (including PDF), 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 Drive
San Bernardino, CA 92408
cheryl@lilburncorp com
909-890-1809
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
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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
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws
of the State of California. Consultant shall execute and provide City with Exhibit "C"
entitled "Workers' Compensation Insurance Certification," which is attached hereto
and incorporated herein by this reference prior to performance of the Services.
B Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
C 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.
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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
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
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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 (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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement
F REDLANDS
o,(Aftt, (10-ap,au
�llarles M Duggan, Jr ,
City Manager
ATTEST
e Donaldson, City Clerk
LILBURN CORPORATION
Cheryl Tubb
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EXHIBIT "A"
SCOPE OF SERVICES
Approach and Methodology
The City of Redlands is requesting the services of an environmental consulting firm to prepare
and process a California Environmental Quality Act (CEQA) document for a proposed
residential development identified as Tentative Tract Map No 20402 in the eastern portion of the
City Our methodology for preparation of the CEQA Initial Study, public review noticing, and
presence at public hearings, as requested in the City'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 in compliance with law The City currently anticipates that the
proposed project may comply with CEQA with preparation of an Initial Study/Mitigated
Negative Declaration
Our overall approach is summarized below Following this summary, the tasks required are
described in detail
❑ Meet with City and Applicant to Review Proposed Project
❑ Prepare a Comprehensive Project Description for use in the Initial Study
❑ Review Applicant's Technical Studies for Biological and Cultural Resources, and Traffic
Impacts
❑ Prepare Draft Initial Study and Mitigation Monitoring and Reporting Program (MMRP)
❑ Finalize Initial Study and MMRP
❑ Prepare required CEQA notices including Notice of Intent (NOI), Notice of Completion
(NOC) and SCH Summary Form
❑ Submit Notices to State Clearinghouse electronically and produce and Circulate Initial
Study as directed by City
❑ Review and Discuss Comments Received on Document, prepare or assist City staff with
Responses
❑ If appropriate, prepare Mitigated Negative Declaration for City adoption, or other
environmental documents for the Project
❑ Meet with City staff prior to public hearing(s)
❑ Attend up to four public hearings to support City staff
❑ File Notice of Determination (NOD) with the San Bernardino County Clerk of the Board
❑ Provide monthly progress reports and invoices
TASK 1: MEET WITH PROJECT APPLICANT AND CITY, REVIEW PROPOSED
PROJECT AND OBJECTIVES
The purpose of this task is to collect and review all pertinent background data necessary to
conduct the environmental analysis It will be necessary to obtain sufficient design detail and site
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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 Any focused
technical studies provided to the City by the Applicant will be obtained during the meeting for
incorporation into the Initial Study
TASK 2 DEVELOP PROJECT DESCRIPTION
In this task we will prepare a CEQA Project Description for use in the Initial Study and for
reviewing and preparing the technical reports. The Project Description will be developed in
cooperation with City staff and the Applicant. The Project Description will include a summary of
the project as proposed, a discussion of the existing conditions of the site and vicinity, a
discussion of the site plans, and graphics The graphics prepared for use in the Initial Study will
be based in part on exhibits prepared to date by the project designers and engineers. Lilburn
Corporation will review the Applicant's architectural renderings for adequacy in portraying
changes in 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 PEER REVIEW FOCUSED STUDIES
The City of Redlands will provide Lilburn Corporation with three technical studies that will be
prepared by the Applicant. Our subconsultants will provide a peer review of those studies.
Lilburn Corporation will provide the City with peer review memos summarizing results of the
reviews for each of the studies We have included subconsulting firms that are authorized by the
City to prepare focused studies, 1) ELMT Consulting, Inc for biological resources surveys,
trapping, and habitat assessments, 2) Brian F Smith for cultural resources, and 3) Ganddini
Group, Inc for traffic
TASK 4 PREPARE INITIAL STUDY & MMRP
Based on the findings of the technical studies prepared and reviewed, and the information
contained in the Project Description, we will prepare an Administrative 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.
Lilburn Corporation will address all CEQA and City -required environmental resource areas. We
will summarize and incorporate the findings of all technical studies provided to us We will assist
Planning staff with identifying and/or refining any necessary mitigation measures that would
result from the City's consultation with local Native American Tribes Mitigation measures
would be incorporated as necessary into the Initial Study to address potential impacts during the
Project's construction phase
Lilburn Corporation will submit the Administrative Initial Study electronically for the City's
review The City will then provide comments/revisions to Lilburn Corporation. Following
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completion of the review by staff, we will revise the document as necessary and prepare a final draft
Initial Study We will also prepare a Mitigation Monitoring and Reporting Program (MMRP) to
include mitigation measures identified. The MMRP will be circulated as part of the 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, Lilburn Corporation will prepare
notices for the City to conduct a 30-day public review Our cost estimate includes the preparation
of the Notice of Completion and Notice of Intent. We will also be responsible for circulating the
document electronically to the State Clearinghouse along with the Summary Form for Electronic
Submittal, and to responsible and trustee agencies, and other interested agencies/parties
including Tribal Governments The City will prepare and publish the legal notice in the Redlands
Daily Facts (or other newspaper of general circulation) We will also prepare a Notice of
Availability (NOA) for the City's distribution as required.
TASK 5 FINAL DOCUMENTS
Upon completion of the public review process, we will discuss any comments received with City
staff and determine appropriate responses and prepare letters for the City to submit to the
commenters. Lilburn Corporation would 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
also update the MMRP as necessary in consideration of any public input that results in City
changes to mitigation measures
Lilburn Corporation will prepare the Notice of Determination (NOD) and upon City approval,
we will file the notice, if requested with the County Clerk of the Board. The Applicant will
provide a check for the applicable NOD filing fees.
TASK 6 PROJECT MANAGEMENT & MEETINGS
Throughout the project, coordination with the City will be regularly initiated to discuss results of
analyses, obtain additional information as necessary, resolve any contract administration issues, and
provide schedule updates. We will attend a kick-off meeting and will participate in regular
conference calls if directed.
Lilburn 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 includes attendance at up to four public hearings.
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City of Redlands
EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
COST CATEGORY
Principal/Project
Director
$2251hr.
Project
Manager
$180/hr.
Sr
Environ.
Analyst
$180/h
Environ.
Analyst
$98/1
Document
Manager
$123/hr
Labor Subtotal
TOTAL
ESTIMATED
COSTS
TASKS
Subconsultants/Other
Direct Costs
Hours
Costs
Task 1 Site Visit, Kick-off Mtg
w/ City & Applicant
1
3
3
7
$1,059
$23
$1,082
Task 2 CEQA Project
Description
1
2
1
4
$683
$683
Task 3 Peer Review Technical
Studies
2
2
$450
$5,900
$6,350
Task 4 Initial Study & Notices
for Public Review
3
24
21
105
4
157
$19,557
$19,557
Task 5 Final
Documents/MMRP/NOD
1
6
10
4
21
$2,777
$2,777
Task 6 Project Mgmt. Staff Mtg
(3) & Public Hearings (4)
4
24
2
30
$5,416
$5,416
TOTAL TASKS
12
59
21
121
8
221
$29,942
$5,923
$35,865
a Su bconsultants
b Includes SBKR Protocol
Trapping
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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 C /1i Date 70721
Cheryl Tub , Vice President
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