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HomeMy WebLinkAboutContracts & Agreements_145-2022FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This first amendment ("First Amendment") to the agreement for professional environmental consulting services for the ("Agreement") dated December 7, 2021, by and between the City of Redlands, a municipal corporation ("City"), and Lilburn Corporation ("Consultant"), is made and entered into this 7th day of July, 2022. RECITALS WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement effective June 2, 2022 and to extend the time for completion of the services to June 30, 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 perform and complete the Services on the Effective Date of this Agreement and complete the Services by June 30, 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 First Amend.FY21-0177.docx jn ATTEST: IN WITNESS WHEREOF, the parties have executed this Fifth Amendment, to be effective as of July 7, 2022. CITY OF REDLANDS LILBURN CORPORATION By: Charles M. Duggan, Jr., City Manager Cheryl A Tubb, Vice President .-41-06t-e_0-ge142-tij Donaldson, City Clerk 2 L:\ca\Agreements\Lilburn First Amend.FY21-0177.docx.jn ATTACHMENT 1 EXHIBIT "A" SCOPE OF SERVICES 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 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. The City currently expects that the proposed project would 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 ❑ Prepare Mitigated Negative Declaration for City adoption ❑ 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 disturbance information to conduct an adequate environmental evaluation. We will review the Site 3 L:\ca\Agreements\Lilburn First Amend.FY2I-0177.docx.jn 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 4 L:\ca\Agreements\Lilburn First Amend.FY21-0177.docx.jn 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 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 5 L:\ca\Agreements\Lilburn First Amend.FY21-0177.docx.jn 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. 6 L:\ca\Agreements\Lilburn First Amend.FY21-0177.docx.jn PROJECT SCHEDULE This Revised Project Schedule recognizes that the project duration has extended beyond the original term of the Contract. Completion of the Initial Study/Mitigated Negative Declaration and filing a Notice of Determination is dependent upon receipt of and acceptance as CEQA-compliant all Applicant -provided technical studies. Estimated durations for each of the major tasks identified in the approved Scope of Work are shown below. Project Schedule for CEQA Consulting Services TTM No. 20402 Tasks Duration Peer Review of Original and Revised Focused Studies 4 weeks Target June 13, 2022 Prepare Administrative Draft Initial Study (incl. AQ/GHG Analysis, and MMRP (40 days from Authorization to Proceed and all Applicant studies) 4 weeks Target July 18, 2022 City Review of Administrative Draft Initial Study & MMRP 2 weeks Target August 1, 2022 Prepare 2nd Version of Administrative Draft Initial Study 2 weeks Target August 15, 2022 City Review and Comment; Compilation of Draft IS & MMRP for Public Review 2 weeks Target August 29, 2022 Prepare Notices and IS for Circulation 1 week Target September 6, 2022 Public Review Period 30 days Target End Date of October 7, 2022 Prepare Draft Responses to Comments 2 weeks Target October 24, 2022 City Review of Responses to Comments 2 weeks Target November 7, 2022 Prepare Final Responses to Comments 1 week Target November 14, 2022 7 L:\ca\Agreements\Lilburn First Amend.FY21-0177.docx.jn Tasks Duration Public Hearings (PC and City Council) December 2022 8 L:\ca\Agreements\Lilburn First Amend.FY21-0177.docx.jn