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HomeMy WebLinkAboutContracts & Agreements_26B-2022FIRST AMENDMENT TO AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE PROJECT This first amendment ("First Amendment") to the agreement for the provision of Professional Environmental Consulting Services ("Agreement") dated December 8, 2021 ("effective date"), by and between the City of Redlands, a municipal corporation ("City"), and Lilburn Corporation, a California corporation ("Consultant"), is made and entered into this 2nd day of March, 2022. RECITALS WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement effective April 1, 2022 and to extend the time for completion of the services to March 31, 2023. NOW, THEREFORE, City and Consultant agree as follows: AGREEMENT Section 1. Section 4.1 of the Agreement, titled "Performance of Services," is hereby amended to read as follows: "4.1 Consultant shall commence the Services on the Effective Date of this Agreement and complete the Services by March 31, 2023, unless the Services are terminated earlier as provided for herein." Section 2. Exhibit "A" of the Agreement is hereby deleted in its entirety, and substituted with a new Exhibit "A" which is attached hereto and incorporated by reference herein as Attachment 1. Section 3. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect. Section 4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. [Signatures on Next Page] 1 L:\ca\Agreements Lilburn Corporation First Amend.FY21-0169.docx.jn IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of April 1, 2022. CITY OF REDLANDS Charles M. Duggan, Jr., City Manager ATTEST: Donaldson, City Clerk 2 L:\ca\Agreements\Lilburn Corporation First Amend.FY21-0169.docx.jn LILBURN CORPORATION s, Vice 'resident ATTACHMENT 1 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 Warehouse/Storage Facility to be located at the northeast intersection of Park Avenue and Alabama Street within the East Valley Corridor Specific Plan. 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 completion of CEQA compliance for the City's consideration of adopting a Mitigated Negative Declaration and approval of the project. Our overall approach is summarized below. Following this summary, the tasks required are described in detail. ❑ Meet with City and Applicant to Review ProposedProject ❑ Prepare a Comprehensive Project Description for use in the Initial Study ❑ Peer review Applicant's Technical Studies (up to seven) for CEQA adequacy. ❑ Prepare Draft Initial Study and Mitigation Monitoring and Reporting Program (MMRP) ❑ Finalize Initial Study and MMRP ❑ Prepare required CEQA notices including Notice of Intent (N01), 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 Citystaff ❑ 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 3 L:\ca\Agreements\Lilburn Corporation First Amend.FY21-0169.docx.jn 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 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 peer review and 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 technical studies (as listed in City's November 3, 2021 request for a scope and cost) that will be prepared by the Applicant. Most studies will be reviewed in-house with the exception of the Preliminary Water Quality Management Plan which will be reviewed by Joseph E. Bonadiman Associates, and the traffic and noise studies which will be reviewed by Ganddini Group. Lilburn Corporation will provide the City with peer review memos summarizing results of the reviews for up to seven studies. 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 Tribal Governments. 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 completion of the review by 4 L:\ca\Agreements\Lilburn Corporation First Amend.FY21-0169.docx.jn 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 Intent (NOI) and circulating to local agencies and interested parties including Native American tribes. We will be responsible for circulating the document electronically to the State Clearinghouse along with the Notice of Completion and Summary Form for Electronic Submittal. The City will use the NOI to prepare and publish the legal notice in the Redlands Daily Facts (or other newspaper of general circulation) and we will post the NOI with the County Clerk. 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. Our cost assumes no more than five letters will be received and none from attorney's offices. 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 with the County Clerk of the Board. The Applicant will provide a check for the applicable NOD and any other notice filing fees that are required. 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 City Council. Our Fee Proposal includes attendance at up to three public hearings. Project Schedule The schedule presented below would provide for adoption of a Mitigated Negative Declaration and filing a Notice of Determination approximately six to seven months following the date of a Notice to Proceed and receipt of all Applicant -provided technical studies. This assumes that changes to the project proposal are not made after we begin work. The schedule for the completion is however flexible and may be modified depending on a number of factors including the amount 5 L:\ca\Agreements\Lilburn Corporation First Atnend.FY21-0169.docx.jn of time the City will need to review the submittals and provide input, and the number of comments received on the Draft Initial Study. Estimated durations for each of the major tasks identified in our Scope of Work are shown on the following schedule. We are committed to meeting these targets assuming no constraints to the schedule occur that are outside of our control. All personnel that will be assigned to this project have the capabilities to perform the work and their present workload has been accounted for in the schedule provided herein. Project Schedule for CEQA Consulting Services CRA No. 935 and LLA No. 663 Tasks Duration (working days) Site Visit, Kick-off Meeting Completed Prepare CEQA Project Description Completed City Approval of Project Description Completed 5.19.22 Peer Review Focused Studies Waiting for City review of Traffic for possible updates to Traffic, Air, Noise Estimate for Updated Studies and Reviews - June 17, 2022 Prepare Administrative Draft Initial Study (incl. AQ/GHG Analysis, and MMRP (40 days from Authorization to Proceed and all Applicant studies) 35 days Estimate July 22, 2022 City Review of Administrative Draft Initial Study & MMRP 7 days Estimate August 3, 2022 Prepare 2"d Version of Administrative Draft Initial Study 10 days Estimate August 17, 2022 City Review and Comment; Compilation of Draft IS & MMRP for Public Review 11 days Estimate September 1, 2022 Print Copies of IS for Noticing/Circulation 3 days Estimate September 7, 2022 6 L:\ca\Agreements\Lilburn Corporation First Amend.FY21-0169.docx.jn Tasks Duration (working days) Public Review Period 30 days' Estimate October 7, 2022 Prepare Draft Responses to Comments 5 days Estimate October 14, 2022 City Review of Responses to Comments 2 days Estimate October 19, 2022 Prepare Final Responses to Comments 2 days Estimate October 21, 2022 Public Hearings (PC and City Council) Estimate Mid - December and January 7 L:\ca\Agreements\Lilburn Corporation First Amend.FY21-0169.docx jn