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HomeMy WebLinkAboutContracts & Agreements_02A-2022AGREEMENT 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 6th day of January, 2022 ( "Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Environment Planning Development Solutions, Inc , 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," 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 August 22, 2022 1 L.\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn 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 of one hundred thirteen thousand ten dollars ($113,010) City shall pay Consultant on both an hourly time basis, and a fixed cost basis, up to the not to exceed amount, as 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, (m) 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.O. Box 3005 (mailing) Redlands, CA 92373 bdesatnik@cityofredlands org (909) 798-7555 Consultant Konnie Dobreva, Vice President Environment Planning Development Solutions, Inc cx.,01 s f- 2 Park Plaza, Suite 1120 °° Irvine, CA 92614 konme@epdsolutions com (949) 794-1183 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 \ca\dim \Agreements\EPD Solutions Inc Environment Agmt.EA-7.2.FY2 1 0067.doc.in 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 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. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: 3 L.\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn 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 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.\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn 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:\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS 7 7ciAtui144046t, gni), > GACharles M Duggan, Jr , City Manager ATTEST e Donaldson, City Clerk ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC Konnie Dobreva, Vice President 6 L\ca\djm\Agreements\EPD Solutions, Inc Environment Agmt.EA 7.2.FY21 0067 doc.jn EXHIBIT "A" SCOPE OF SERVICES 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. 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, In coordination with Material Culture Consulting, Inc., as part of this initial task, EPD will assist the City in completing the Native American consultation process. The City, as the Lead Agency, is responsible for initiating Assembly Bill 52 (AB 52) process. As needed, EPD and Material Culture Consulting, Inc are available assist by contacting the Native American Heritage Commission and local tribes, requesting the Sacred Land File search on behalf of the City, and preparing the draft AB 52 notification letters for the City's review and approval. EPD will prepare and distribute all mailings and will attend any Native American consultations, if requested by the City 7 L:\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn Task 1 Deliverables No. Format Description 1 PDF/Word Refined CEQA Schedule 1 PDF/Word Request for Additional Information (if required) 1 PDF/Word Project Description 1 PDF/Word Tribal Notification Letters for AB 52 Compliance Task 2 Peer Review of Existing Technical Studies and Preparation of Additional Technical Studies Task 21- Peer Review of Existing 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 Task 2.2- Preparation of Additional Technical Studies EPD will prepare the following studies in support of the SCEA • Air Quality, Greenhouse Gas, and Energy Analysis • Noise Impact Analysis • VMT Screening Analysis & Trip Generation Task 2.2.1 — Air Quality, Greenhouse Gas, and Energy Analysis Task 1 Air Quality Analysis • Evaluate the existing conditions of the project study area, this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of sigmficance • Identify construction -related air quality impacts from associated construction activities at the project site which may include demolition, import/export of fill dirt, mass grading, building construction, paving, concrete pouring, etc • Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic study In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered • A screening -level carbon monoxide (CO) Hotspot analysis of future conditions at key intersections located in the project study area will be prepared It is anticipated that a qualitative discussion on CO Hotspot potential and rationale as to why more detailed modeling of CO Hotspot analysis is not required • Perform Construction Localized Significance Threshold (LST) analysis as recommended by the South 8 L \ca\djm\Agreements\EPD Solutions, Inc Environment Agmt.EA-7.2.FY21 0067 doc.jn Coast Air Quality Management District (SCAQMD) for construction and operational activity • Evaluate potential odor impacts resulting from the proposed project. Identify applicable mitigation measures and regulatory requirements that the project must comply with to minimize odors. For purposes of this evaluation a qualitative assessment of odors and odor controls is expected. • Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for short-term construction and long-term operational activity A "list" approach per CEQA will be utilized when discussing cumulative impacts using the list of cumulative projects identified in the traffic report. Since the basin is in non -attainment the determination of significance will likely be based on whether or not the Project results in a substantial incremental increase. • Revise the air quality study report based on comments provided by the Lead agency for up to 1 review cycle. • Assist the CEQA preparer with preparation of response to comments on the draft CEQA document. Task 2 Greenhouse Gas Emissions Analysis • Evaluate applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARB thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality • Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Data available from the project team and technical air quality analysis will be utilized in characterizing GHG-generating activities. • Evaluate operational GHG emissions for the proposed project which will include emissions from mobile sources, heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered. • Evaluate project significance based on an applicable Climate Action Plan or direction provided by the Project CEQA preparer and/or the lead agency • Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare a greenhouse gas report that incorporates the findings and all supporting calculations. • Revise the greenhouse gas study report based on comments provided by the Lead agency for up to 1 review cycle. • Assist the CEQA preparer with preparation of response to comments on the draft CEQA document. Task 3 Energy Analysis • Prepare energy calculations associated with electricity, natural gas, and transportation fuels in a summary table for inclusion in the CEQA document. Task 2.2.2 — Noise Impact Analysis • Identify and review applicable, Federal, State and Local Noise criteria. This includes the City of Redlands Noise Element and Municipal Code to determine appropriate noise standards and significance criteria. 9 L:\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn • Collect long-term 24-hour ambient noise level measurements in the Project study area at up to six locations to quantify the existing noise environment. All noise level measurement equipment will satisfy American National Standards Institute (ANSI) standard specifications for sound level meters ANSI Si 4-2014/IEC 61672-1:2013 The noise level measurements will be collected consistent with the criteria outlined in the Municipal Code. Briefly describe the ambient noise conditions in the Project study area. • Calculate the off -site traffic noise contour boundaries for the baseline (existing) conditions, opening year and future conditions on up to twenty study area roadway segments. Calculate the future Project contributions by comparing the "with" and "without" Project noise contours on the study area roadways for the proposed project. Determine if the Project will create a significant noise impact on any analyzed roadway segments. • Calculate the on -site traffic noise impacts from the adjoining roadways. Determine the minimum exterior and interior noise mitigation measures needed to satisfy the appropriate City of Redlands noise level criteria. Exterior and interior noise levels will be based on the future worst -case traffic conditions, for noise receptors located in the outdoor living areas and at the building facades. • Collect reference noise level measurements to represent the expected stationary source impacts associated with the proposed Project land uses. • Evaluate the potential stationary source noise impacts associated with the operation of the proposed Project and recommend measures to reduce the potential noise impacts to any nearby noise -sensitive uses. • Provide a detailed construction noise and vibration analysis for each stage of construction using reference noise level measurements of similar activities. • Summarize the results of the study in a noise impact analysis report addressing the potential impacts associated with the Project and provide the appropriate measures to reduce the impacts to levels of less than significant. • Revise the noise report based on comments provided by the Lead agency for up to 1 review cycle. Task 2.2.3 — VMT Screening Analysis & Trip Generation Based on the City of Redlands CEQA Assessment VMT Analysis Guidelines, the project would not be required to prepare a vehicle miles traveled (VMT) analysis because the project is located in a transit priority area and proposes fewer than 299 dwelling units. Additionally, per our recent discussions with City Staff, the Redlands City Council decided that the proposed project would not be subject to the City's Measure U, and as such, would not require preparation of an LOS Analysis. The project would generate approximately 656 daily trips including 144 trips during the AM peak hour and 134 trips during the PM peak hour Because the City does not have its own guidelines for LOS analysis, the following scope of work has been developed using the San Bernardino County Transportation Impact Study Guidelines (July 2019). The following tasks would be required for preparation of a VMT Screening Analysis and Traffic Impact Analysis. Because the project is located in a transit priority area and proposes fewer than 299 dwelling units, the project would therefore screen out of further VMT analysis. EPD will confirm this conclusion and describe how the project meets each screening threshold in the City of Redlands CEQA Assessment VMT Analysis Guidelines. The memo will be submitted to the City for review and one revision to the memo will be prepared, if necessary, to respond to City comments. In the event that a 10 L:\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn VMT and/or traffic impact analysis is required as per the direction of the City, a separate scope of work will be provided to include the required tasks. Task 2 Deliverables No. Format Description 1 PDF/Word Draft Technical Studies 1 PDF/Word Final Technical Studies Task 3 Draft SCEA 3.1 Administrative Draft SCEA EPD will prepare an Administrative Draft SCEA for the project to address CEQA requirements. 3.3.12020-2045 RTP/SCS Consistency Analysis The SCEA would include an analysis of the project's consistency with the policies included in the 2020-2045 RTP/SCS prepared by SCAG 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 RTP/SCS 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 conditions of approval and existing plans, policies, and programs, along with 2020-2045 RTP/SCS EIR project -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 EIRs, which for the project would include the 2020-2045 RTP/SCS Program Environmental Impact Report for SCAG 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. 3.3.4 City and Client Review of Administrative Draft SCEA 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 11 L:\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn 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 1 10 10 PDF/Word Unbound Bound Print CDs Public Draft SCEA and technical studies 1 PDF/Word Notice of Availability (NOA) *Public draft SCEA and noticing publication quantities subject to change depending on City's preferences or needs 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. 12 L,\ca\djm\Agreements \EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn 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. 1 1 Format PDF/Word Unbound Description Final SCEA and technical studies Task 4 Deliverables No. Format Description 5 5 Bound Print CDs 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 As needed Planning Commission and City Council Hearings 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 13 L:\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA 7.2.FY21-0067.doc.jn 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 staff throughout the process not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays. 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 public meetings. 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 schedule (excluding the public review period) as estimated in this proposal. 14 L.\ca\djm\Agreements\EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn EXHIBIT "B" PROJECT COSTS AND HOURLY RATES 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 8-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. City Center, Redlands 15 L.\ca\djm\Agreements \EPD Solutions, Inc. Environment Agmt.EA-7.2.FY21-0067.doc.jn EPD Solutions, Inc 11/17/21-- Cost shown herein is valid for 90 days Staff Member Jeremy Krout Konnie Dobreva Meaghan Truman Meghan Macias Project Planner EPD Labor Total Sub consultants TOTAL LABOR Hourly Rate $275 $250 $165 $230 $160 Proposed Work Scope Tasks Hours Hours Hours Flours Hours Hours $ $ $ Task 1 Project Kickoff Initiation & Preparation of Project Description 1 4 12 5 22 $ 4,055 $ 4,055 Task 2 Peer Review of Existing Technical Studies and Preparation of Additional Technical Studies 0 $ $ Task 2.1 Peer Review of Existing Technical Studies 8 8 8 24 $ 4,600 $ 4,600 Task 2.2 Preparation of Additional Technical Studies Task 2.2.1 Air Quality, Greenhouse Gas, and Energy Analysis 0 $ - $ 14,160 $ 14,160 Task 2.2.2 Noise Impact Analysis 0 $ - $ 11 400 $ 11,400 Task 2.2.3 Trip Generation and VMT Screening Analysis 8 10 18 $ 3 440 $ 3,440 Task 3 Draft SCEA Task 3.1 Administrative Draft SCEA 4 30 140 8 182 $ 32,980 $ - $ 32,980 Task 3.2 Public Draft SCEA 8 30 4 42 $ 7,590 $ $ 7,590 Task 4. Final SCEA & Response to Comments 10 40 8 58 $ 10,380 $ 10,380 Task 5 Meetings Conference Calls, and Other Communications 15 15 8 6 44 $ 9,025 $ - $ 9,025 Task 6. Notice of Determination 2 2 $ 330 8 330 Task 7 Project Management and Coordination 4 16 30 50 $ 10,050 $ - $ 10,050 LABOR SUBTOTAL 9 91 277 16 49 442 $ 82,450 $ 25,560 $108,010 EXPENSES BUDGET $ 5,000 Not To Exceed Total 5113,010 16 L \ca\djm\Agreements\EPD Solutions Inc Environment Agmt.EA-7.2.FY21 0067.doc.In By 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) V 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 ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC K nine Dobreva, Vice President 17 L \ca\djm\Agreements\EPD Solutions Inc Environment Agmt.EA 7.2.FY21-0067 doc.jn Date