HomeMy WebLinkAboutContracts & Agreements_168A-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 16th day of August, 2022 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and LSA Associates, 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 (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," 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 Desamik, City's Development Services Director, and his designees,
as City's representatives 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 31, 2023.
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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 The total compensation for Consultant's performance of the Services shall not exceed the
amount seventy-nine thousand two hundred and twenty dollars ($79,220). If the City
determines an Environmental Impact Report is required for the Project, then the present
estimated cost of the Environmental Documents is estimated to be an additional two
hundred thirty-six thousand five hundred eighty dollars ($236,580). City shall pay
Consultant on a time and materials basis, up to the not to exceed amount, in accordance
with 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 Desamik, Director
Development Service Department
35 Cajon Street, Ste. 20
P.O. Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands.org
(909)798-7555
CONSULTANT:
Mike Trotta, CEO
LSA Associates, Inc.
1500 Iowa Avenue, Suite 200
Riverside, CA 92507
mike.trottaglsa.net
(951) 781-9310
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"
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.
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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.
CITY OF REDLANDS
Charles M. Duggan, Jr., C ana r
ATTEST:
LSA ASSOCIATES, INC.
Mike Trotta, CEO
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EXHIBIT "A"
SCOPE OF SERVICES
The approximately 24.4 acre (gross) project site is located at the northwest corner of West
Lugonia Avenue and Karon Street in north Redlands and consists of three undeveloped
parcels (APNs: 0167171-04-0000, 0167-171-05-0000, and 0167-171-06-0000). Adjacent
uses include: single-family residences to the east, commercial uses (the Home Depot
commercial center) to the south, and undeveloped land directly north and west of the site.
State Route 210 (SR 210) is located 1,000 feet west of the site with the Citrus Plaza and
Mountain Grove shopping centers located directly east of the freeway. Texonia Park and
Citrus Valley High School are located approximately 690 feet east and 2,650 feet north of
the project site, respectively.
The site is currently designated Special Development District (SD) of the East Valley
Corridor Specific Plan (EV/SD). The purpose of the Specific Plan is to plan for large
undeveloped areas along Interstate 10 (I-10) to facilitate fixture industrial, commercial and
residential development in an orderly and aesthetic manner, provide a strong job base to
support the local economy, and to ensure high -quality development through design
guidelines and standards. The intent of the SD is to provide alternative, more flexible site
planning process which encourages creative and imaginative planning of administrative,
professional, commercial or industrial, or mixed -use development within the framework
of a single comprehensive plan. The project proposes to remove the entire 24.4 acre site
from the Specific Plan and to rezone the site from EV/SD to R-3 (High Density
Residential) on 18.89 acres and R-1 (Single -Family Residential) on 5.51 acres. An
accompanying General Plan Amendment will change the land use designation for the site
from Commercial to High Density Residential. The project proposes to subdivide the site
into three parcels of 3.47, 4.73, and 14.78 net acres, to accommodate 20 single-family
residences, 70 residential condominiums, and a 430-unit multi -family apartment complex,
respectively. Construction of the 20 single-family detached houses will front fronting
Karon Street on the east side of the project site. The proposed 430-unit multi -family
apartment complex will front Lugonia Avenue on the south side of project site, while the
proposed 70-unit townhouse community will front Pennsylvania Avenue on north side of
site.
LSA's planed work efforts includes the following tasks:
Project Initiation and development of a Project Description (Task 1.0)
Preparation of the Peer Reviews of the following reports(Task 2.0)
Task 2.1: Air Quality/Greenhouse Gas/Energy Assessment(s)
Task 2.2: Traffic Impact/Vehicle Miles Travels Analysis
Task 2.3: Biological Resources Assessment/Burrowing Owl Survey
Preparation of the following Technical Studies (Task 3.0)
Task 3.1: Noise and Vibration Impact Assessment
Task 3.2: Cultural Resources Assessment
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Preparation of an Initial Study/Mitigated Negative Declaration (Task 1.0 and 4.0
through 6.0) AND (AS REQUIRED)
Preparation of an EIR (Tasks 7.0 through 11.0).
SCOPE OF WORK
Task 1.0: Project Initiation
Task 1.1: Project Kick-off Meeting
LSA will hold a kick-off meeting with City staff to ensure an orderly flow of project
efforts and to:
• Establish a mutual understanding of the CEQA program objectives and key issues,
explore community and City staff concerns regarding the project, and discuss the
City's expectations for the consultant's work effort.
• Identify City contacts, neighborhood associations, or service organizations whose
input will be vital to the successful completion of the CEQA program.
• Refine the scope of work to be performed, including related technical reports.
• Define protocols for requesting information from City staff.
• Refine the project schedule, establish protocols for product review and coordination with
the Applicant and City, and define project milestones and decision points.
• Obtain relevant plans, reports, ordinances, and studies applicable to the project.
LSA will collaborate the City to evaluate the potential for the project to require an EIR and assist
in the accumulation of background information necessary to initiate the CEQA program.
Output. Identify project objectives, confirm scope of work and schedule, establish a mutual
understanding of the process and protocols to be followed, and identify key stakeholders in the
CEQA program.
Task 1.2: Project Description
LSA will collaborate with applicant and the City to define the Project Description and review the
Scope of Work. LSA will draft a comprehensive Project Description as a digital draft for review
by the City within five days of the kick-off meeting and receipt of the most recent project
information. As required by CEQA, the Project Description will provide a detailed narrative of
the project, operational characteristics, and geographical setting. Additionally, LSA will visit the
project site to establish an understanding of existing site conditions, the physical setting of the
site, and the relationship between the project site and adjacent land uses.
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Output. Project Description for inclusion in the technical reports and CEQA document. This
scope and cost estimate assumes up to one round of review/revision (as needed). LSA will revise
the draft Project Description and submit a final digital draft to the City.
Task 2.0: Peer Review of Technical Studies
Task 2.1: Air Quality/Greenhouse Gas/Energy Impact Analysis Peer Review
The entirety of each Air Quality/GHG/Energy report will be evaluated to assure that appropriate
assessment methodologies were implemented, and that appropriate rules and regulations were
followed. This will include verifying that City, South Coast Air Quality Management District
(SCAQMD), California Air Resources Board (CARB), and U.S. Environmental Protection
Agency (EPA) rules and methodologies were followed, that the correct models were used and
that all air pollutant and greenhouse gas emissions were analyzed correctly. The report will also
be evaluated to ensure that any identified significant short-term construction and/or long-term
operational impacts have feasible mitigation measures designed to reduce project -related impacts
to acceptable levels or to the extent possible, as appropriate. The energy analysis will be
evaluated to ensure that the energy use impacts of the project were analyzed correctly, and any
identified impacts have feasible mitigation measures designed to reduce project -related impacts
to acceptable levels or to the extent possible, as appropriate. LSA will provide a memorandum
report summarizing the review process and all findings to the City upon completion of this peer
review.
LSA will complete a technical peer review memorandum report as described above within three
weeks of receipt of the complete (including all modeling data) and current air quality/greenhouse
gas/energy impact report(s). This scope and cost estimate includes one initial round or peer
review and one round of backcheck review to confirm if peer review comments have been
sufficiently addressed.
Task 2.2: Traffic Impact/Vehicle Miles Traveled Analysis Peer Review
LSA will peer review the Traffic Impact Analysis (TIA) and Vehicle Miles Traveled (VMT)
Analysis prepared for the project prior to the preparation of the California Environmental Quality
Act (CEQA) document. As part of the review, LSA will review the project description, project
assumptions, and project data to ensure the analysis in the report is substantially consistent with
the project presented to the City for review. LSA will review the methodology, approach, and
assumptions identified in the report to determine if the technical analysis follows the standards,
guidelines, and requirements established by the City. LSA will review the project data and site
conditions to ensure that the baseline conditions are essentially unchanged since the time the
studies were completed and confirm that no change in site conditions is anticipated or updates
are required. LSA will review the findings and conclusions to ensure a sufficient discussion of
project -specific operational deficiencies and VMT impacts and the identification of
improvements and mitigations in accordance with CEQA has been provided. As necessary, LSA
will contact technical authors and/or City staff to clarify specific analysis and/or requirements.
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LSA will prepare a peer review memorandum that identified errors, deficiencies, omissions
affecting the TIA/VMT Analysis' adequacy pursuant to CEQA. The memorandum will include a
summary of project improvements and mitigation measures that should be carried forward into
the CEQA document. LSA will provide one digital draft Memo as an Adobe Acrobat Portable
Document Format (PDF) file to the City for review within four weeks of receiving the TIA/VMT
analysis for review. This scope and cost estimate includes one initial round or peer review and
one round of backcheck review to confirm if peer review comments have been sufficiently
addressed
Task 2.3: Biological Resources Assessment/Burrowing Owl Survey Peer Review
LSA will conduct a peer review of the biological resource studies to ensure that the studies are
adequate for compliance with CEQA, including United State Army Corps of Engineers
(USACE) routine delineation requirements set forth in 33 Code of Federal Regulations 328.3(e),
Procedures for Discharges of Dredged or Fill Material to Waters of the State as administered by
the Regional Water Quality Control Board (RWQCB), and streambed and associated riparian
areas subject to review by the California Department of Fish and Wildlife (CDFW) under
Section 1602 of the California Fish and Game Code.
LSA will provide one digital draft peer review memorandum to the City within four weeks of
receiving the biological resource studies. This scope and cost estimate includes one initial round
or peer review and one round of backcheck review to confirm if peer review comments have
been sufficiently addressed.
Note: This scope and cost estimate is limited to the completion of the peer review for the
referenced reports only and does not include field work, consultation with resource agencies,
other efforts required to update or amend stated reports, or the review of additional biological
resource documentation.
Task 3.0: Technical Studies
Task 3.1: Noise and Vibration Impact Assessment
LSA will prepare a Noise and Vibration Impact Assessment consistent with all applicable
procedures and requirements of the City and the CEQA. LSA will review applicable City noise
standards and land use compatibility criteria for the project site and adjacent uses. The
assessment will discuss noise standards in the Noise Element of the General Plan and noise
control ordinances in the Municipal Code for sensitive land uses in proximity to the project site.
LSA will also review applicable vibration criteria from the City for the project site and its
vicinity. The memorandum will discuss vibration standards in the 2018 Federal Transit
Administration (FTA) Transit Noise and Vibration Impact Assessment Manual for land uses
adjacent to the project site.
Ambient Noise Measurements. LSA will conduct up to two short-term and three long-term
ambient noise level measurements within the project area. The short-term ambient noise level
measurement location will be documented for 20 minutes, with observed noise sources
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identified. The long-term ambient noise level will be documented for 24 hours. These ambient
noise levels will be used to assess the existing ambient noise environment in the project vicinity.
Construction Noise and Vibration. LSA will analyze on -site and off -site noise and vibration
impacts from construction sources based on the equipment expected to be used, lengths of
specific construction tasks, equipment power type (gasoline or diesel engine), horsepower, load
factor, and percentage of time in use. The Federal Highway Administration (FHWA)
recommended noise emission levels and FTA-recommended equipment vibration levels will be
used for the construction equipment. The construction noise impact will be evaluated in terms of
maximum levels (Lmax), hourly equivalent continuous noise levels (Leq), and the frequency of
occurrence at adjacent sensitive locations. The construction vibration impact will be evaluated in
terms of the peak particle velocity (PPV, or inches per second [in/sec]) and the vibration decibel
level (VdB) for building damage and human annoyance, respectively. Noise and vibration
attenuation recommendations will be provided based on the sensitivity of the uses adjacent to the
project site pursuant to the City's noise -control ordinance and FTA recommendations.
Mobile Source Noise. LSA will assess noise from both aircraft and vehicular traffic. Aircraft
noise will be assessed based on the project location and the location of the nearest airport noise
contour. Vehicular traffic will be assessed using the 1978 FHWA Highway Traffic Noise
Prediction Model (FHWA-RD-77-108). Model input data to be utilized include existing average
daily traffic volumes and the project's anticipated vehicle trip generation. LSA will evaluate
project -related mobile source noise impacts to off -site sensitive land uses in the project vicinity
based in part on data derived from the peer reviewed Traffic Impact Analysis including , ADT
volumes; day/night percentages of automobiles, medium trucks, and heavy trucks; vehicle
speeds; ground attenuation factors; and roadway widths. The memorandum will tabulate the 24-
hour weighted Community Noise Equivalent Level (CNEL) or day -night average noise level
(Lan) along adjacent roadways.
Stationary Source Noise. LSA will analyze noise levels from stationary on -site noise -generating
sources and their potential impact on sensitive uses adjacent to the project site. The City's
noisecontrol ordinance will be used to assess the project's potential off -site noise impacts.
Operational Vibration. LSA will analyze vibration levels from operation sources based on the
equipment expected to be used and its distance to surrounding uses. The operational vibration
impact will be evaluated in terms of PPV (in/see) and VdB for building damage and human
annoyance, respectively. Vibration attenuation recommendations will be provided based on the
sensitivity of the uses in proximity to the project site pursuant to FTA recommendations.
Mitigation Measures. As necessary, LSA will identify mitigation measures designed to reduce
shortterm construction noise and vibration impacts and long-term stationary and mobile source
noise and vibration impacts to acceptable levels.
Output: LSA will prepare and submit the draft Noise and Vibration Impact Assessment
electronically to the City for review within four weeks of receipt of the peer -reviewed traffic data
and other required information. This scope and cost estimate assumes up to two rounds of
review/revision. Upon approval, LSA will submit a PDF of the final report to the City. The PDF
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will include all text, graphics, and supporting appendices. As requested, up to two hard copies of
the report will be provided to the City.
Upon revision, LSA will submit the final Noise and Vibration Impact Assessment in electronic
format (PDF file). As requested, up to two hard copies of the report (with appendices on
flashdrive) will be provided to the City. Additional hard copies may be provided on a time -and -
materials basis.
Task 3.2: Cultural Resources Assessment
The scope and cost estimate for this task stipulates a CEQA-level effort, no state or federal
agencies will be involved, and is predicated on anticipated negative findings for archaeological
resources. Work not specifically identified in this scope and cost estimate may be completed
upon authorization of a contract amendment. The City will conduct all Native American
consultation required pursuant to Assembly Bill 52 (AB 52).
LSA will contact the South Central Coastal Information Center (SCCIC) located at California
State University, Fullerton, to obtain a cultural resources records search for the project area. The
SCCIC is the State -designated repository for records concerning cultural resources in San
Bernardino County. The objectives of this research will be to establish the status and extent of
previous cultural resources studies and surveys in the project area and to note what types of
resources might be expected to occur.
Please note: LSA will schedule the records immediately upon authorization to proceed. Due to
COVID 19, there is a backlog of records search requests at the SCCIC of up to three months.
An LSA archaeologist will conduct a pedestrian field survey of the portions of the project area
that are not obscured by asphalt, concrete, or buildings for evidence of prehistoric (Native
American) and historic (non -Native American) archaeological materials. In the event
archaeological resources are identified, or if recordation of previously identified resources
require update or revision, LSA can conduct such effort upon written authorization of contract
amendment.
Output: LSA will prepare a State Historic Preservation Office -Archaeological Resource
Management Report for archaeological resources, which will include research and field methods
and results, a summary of Tribal notification, and findings/recommendations. This scope
includes budget for response to one set of minor (up to eight hours) comments. In the event of
positive results, more than one round of review, or if issues develop necessitating unanticipated
effort (e.g., response to substantive [peer] review comments or comments from agencies or
entities other than the City), a contract amendment and budget modification may be necessary
and a schedule adjustment may also be required.
Upon revision, LSA will submit the final Cultural Resources Assessment in electronic format
(PDF file). As requested, up to two hard copies of the Cultural Resources Assessment can be
provided (with appendices on flashdrive) will be provided. Additional hard copies may be
provided on a time -and -materials basis.
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Task 4.0: Initial Study
Task 4.1: Screencheck Initial Study
LSA will prepare an Initial Study (IS) for the project, identifying the potential effects the project
will have on the environment. As necessary, mitigation will be identified to reduce the impacts
of the proposed project to less than significant levels. In addition to the technical studies detailed
in Tasks 2.0 and 3.0, LSA will incorporate relevant Applicant -supplied material and other
project -specific data. LSA will review the City's General Plan, pertinent environmental data, and
other relevant documents to ascertain the existence of and/or extent of potential environmental
impacts. While the IS will address potential impacts related to the change of agricultural zoning
and removal of the property from an agricultural preserve and anticipates completion of a
project -specific Land Evaluation/Site Assessment (LESA) model, this analysis does not include
the preparation of separate findings to support these actions. It is anticipated the Project applicant
will provide the documentation to support these actions for appropriate incorporation into the IS.
LSA will address the environmental issues presented in Appendix G of the State CEQA
Guidelines as they relate to the proposed project, applicable City standards, and/or the standards
of State or federal entities. This scope and cost estimate assumes two rounds of review by the
City. LSA anticipates a consolidated and non -contradictory set of comments from the each
review cycle. As necessary, LSA will make appropriate revisions to the document to address
review comments. Additional rounds of review may be conducted under an augment to this
scope and budget.
The IS/MND will include all referenced technical studies prepared by LSA and/or provided by
the City (as PDF files). Completion of the IS/MND will be within three weeks of
receipt/completion of all relevant and required information, including project -specific plans,
studies, and related materials. Any delay in the receipt of all or part of these required data may
necessitate an extension of the estimated completion date.
Please note: As the project includes a General Plan Amendment, Native American consultation
pursuant to S1318 and AB52 is required. The consultation periods detailed in S1318 are
substantially longer (90 days) than those required under AB52 (30 days); therefore, to ensure the
timely completion of the Initial Study, it is imperative the City initiates consultation efforts at the
earliest date practicable.
During each round of review, LSA will resubmit the IS/MND within five business days of
receipt of one set of consolidated, non -contradictory review comments from the City.
Output: LSA will prepare a Screencheck Initial Study within three weeks of receipt of all
required information for review by City. This scope and cost estimate assume up to two rounds
of review/revision and one electronic copy of the Initial Study for the City during each of the two
review cycles. Comments from attorneys or any other person or entity such as a thirdparty
reviewer would be considered an additional round of review and potentially subject to a contract
13
Lica\A.greementslLugonia Village Environment Agmt.EA-7.2.FY22-0003.doc.jn
amendment. As necessary, LSA will make appropriate revisions to the IS to address City
comments.
Note: The cost proposal does not include review of the IS/MND by third -party reviewers. If the
City and/or Applicant desire third party reviewer involvement, the cost to respond to third -party
reviewer comments shall be negotiated between LSA and the City before LSA responds to the
comments made by those entities.
Task 4.2: Mitigation Monitoring and Reporting Program
In conjunction with preparation of the draft Initial Study, LSA will prepare a Mitigation
Monitoring and Reporting Program (MMRP) to implement the mitigation measures outlined in
the Initial Study for the project. The mitigation measures will be included in a matrix check -off
format for ease of tracking their implementation. The MMRP will be attached to the Initial Study
that is distributed for public review.
Output: One electronic copy of the MMRP to the City during each of the two review cycles.
Task. 5.0: Mitigated Negative Declaration
Task 5.1: Initial Study/Mitigated Negative Declaration (IS/MND) Public Review Materials
Once the draft Initial Study has been reviewed and approved by the City (see Task 4.0), LSA
will prepare all the necessary forms for circulating the IS/MND to the public and resource
agencies. LSA will use standard forms or those provided by the City, whichever is preferred.
Unless requested by the City, the tS/MND will be circulated for the full 30-day public review
period. This scope and cost estimate assumes the City will provide a current public agency
distribution list, will post the Notice of Intent to Adopt a Mitigated Negative Declaration
(NOI) in local newspaper(s), and notice adjacent/nearby property owners (as necessary).
As requested, LSA will post the NOI with the San Bernardino County Clerk. LSA will distribute
the NOI to agencies/organizations on the City- provided distribution list via certified mail (return
receipt). LSA will provide the City evidence of all mailings and posting related to the
distribution of the ISIMND.
To minimize print and distribution costs, any copy of the IS/MND distributed to the City's
mailing list will consist of flash drives, which include the ISIMND and appendices as Adobe
Acrobat PDF files. An alternative to distribution of flash drives is provision of a weblink on the
NOI, which will direct reviewing parties to the ISIMND and all supporting technical studies on
the City's website. The City will either post the IS/MND to the State Clearinghouse (SCH) or
provide LSA staff upload authorization to the Office of Planning and Research Document
Database.
Output: LSA will provide the City with up to five hard copies of the IS/MND and MMRP with
the technical appendices to be included only as PDF files on attached flash drives for City
records. As required, up to 25 hard copies of the NOI and up to 25 electronic copies of the
14
LAcalAgreements\Lugonia Village Environment Agmt.EA-7.2.FY22-0003.docJn
IS/MND, supporting appendices, and MMRP will be provided as PDF files on flash drives for
public distribution.
Task 5.2: Response to Public Comments
Upon close of the public review period, LSA will respond to comments on the IS/MND within
two weeks of receipt of a complete set of comments. This scope and cost estimate assumes up to
24 hours of LSA staff time for this task. Time required in excess of this assumption will be
incurred upon authorization by the City and billed on a time -and -materials basis.
As required, the IS/MND will be revised to incorporate relevant comments/data received during
the public review period. Revisions to the IS/MND will be presented in an errata document to
facilitate subsequent review by the City.
Output. LSA will present all comments received on the IS/MND during the public review
period, as well as the responses to comments, in an errata document to be included as an
appendix to the Final IS/MND. If the City so chooses, LSA will distribute the responses to
comments directly to each commenting agency 10 days prior to the public hearing decision on
the project.
Task 5.3: Review and Processing of Final ISIMND and Notice of Determination
LSA will prepare up to 12 hard copies of the Final 1S/MND, including the NOI, responses to
comments (if any), and MMRP prior to each public hearing. All appendices will be provided as
electronic PDF files on flash drives. Subsequent to adoption of the IS/MND, LSA will provide
the City with the Notice of Determination (NOD) for submission to the San Bernardino County
Clerk and upload to the OPR CEQAnet database. Although LSA will prepare the NOD, it is
the responsibility of the City to file the NOD and of the Applicant to pay the required
CDFW and other filing fees. It should be noted that failure to file the NOD within five business
days of project approval will substantially increase the period in which the project approval may
be legally challenged.
Output. Up to 12 hard copies of the Final IS/MND with appendices included electronically on
flash drives will be provided to the City prior to each public hearing. One electronic copy of the
NOD will be provided for filing by the City.
Task 6.0: Project Management and Meetings
Task 6.1: Project Management
Proven specific quality control and project management tasks include the following:
• Assign the most appropriate Principal in Charge and Project Manager for the
project and ensure their availability throughout the project.
15
L:1calAgreementslLugonia village Environment Agmt.EA-7.2.FY22-0003.doc.jn
• Have the LSA Project Manager and City Case Planner systematically review
the work program to ensure a clear understanding of project definition and
scope of work.
• Assign a project team with experience on similar projects and coordinate with
task managers to ensure staffing availability.
• Ensure that all project team members jointly understand applicable local,
County, State, and federal standards, policies, and procedures.
• Ensure timely delivery of project documents. LSA's commitment to meeting
scheduling needs and project demands extends to doing whatever it takes to
complete the job within established time frames.
Ensure quality of work products and cost estimates, and timely delivery at
lowest cost.
Output: LSA will review the project status with the City at agreed upon intervals to ensure
implementation of the scope of work and harmonious functioning of all team members, as well
as to identify any potential conflicts due to possible changes in scope.
Task 6.2: Meetings
In addition to the kick-off meeting (see Task 1.1), LSA will participate in monthly coordination
meeting(s) with City staff and, as permitted, the Applicant. This scope and cost estimate assumes
attendance at up to six one -hour monthly project coordination meetings occur via teleconference.
Additional meetings can be accommodated on a time -and -materials basis.
LSA will attend one City of Redlands Planning Commission hearing and one City Council
hearing, as well as one miscellaneous other public meeting of the City to consider approval of
the IS/MND and action on the project. If requested, LSA will make presentations explaining the
content, findings, and determinations of the IS/MND and will respond to relevant comments
raised during the public hearings.
Output: LSA will participate in six in -person (or teleconference) coordination meetings with
City staff and up to two public hearings/meetings to consider approval of the ISIMND and action
on the project. Ongoing telephone and email coordination among LSA and City staff will ensure
the smooth functioning of the CEQA program.
Additional Task: Environmental Impact Report
In the event the Initial Study identifies issues that are significant AND cannot be reduced
through the implementation of mitigation, LSA has identified the following scope of work to
prepare an EIR as an optional task. Should an EIR be required, the Initial Study will focus the
EIR analysis only to those environmental factors that result in a significant impact or that are
anticipated to be topics of controversy to the public based on the Public Scoping process (refer to
Task 7.0). LSA will not initiate any EIR work effort (Tasks 7.0 through 11.0 below) without the
written authorization from the City for the additional scope and cost.
Task 7.0: Notice of Preparation, Notice of Completion, and Public Scoping Meeting
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LAca\Agreements\Lugonia Village Environment Agmt.EA-7.2.FY22-0003_docjn
Task 7.1: Notice of Preparation/Notice of Completion. LSA will prepare a Notice of
Preparation (NOP) and Notice of Completion (NOC) stating an Initial Study is complete and an
EIR is being prepared for the project. The NOP will solicit comments on the scope of analysis to
be included in the EIR document. The draft NOP will be prepared using the City's preferred
format. Once approved, LSA will distribute the NOP via certified mail (return receipt) to the
parties on the distribution list provided by the City. LSA will provide the City confirmation of all
deliveries. The NOP will include an active weblink reviewers may access to view the Initial
Study prepared for the project (see Task 4.0). The City will post the NOP with the San
Bernardino County Clerk of the Board, in a newspaper of general circulation, and on the City's
website, and provide other required notification.
Output: LSA will submit the NOC to the State Clearinghouse for repository and provide the
Initial Study to the State Clearinghouse for distribution to State Agencies. As currently
permitted, the NOP, NOC, Initial Study with technical appendices, and Office of Planning and
Research (OPR) Summary Form will be uploaded to the OPR CEQAnet database electronically.
Direct upload by consultants to the CEQAnet site is not currently permitted. Either the City will
upload these documents or the City will provide LSA access to CEQAnet to perform the upload.
LSA will prepare up to 25 hard copies of the NOP for public distribution. One hard copy and
electronic copy of the NOP will be provided to the City. LSA will distribute the NOP via
certified mail (return receipt) to all other parties.
Task 7.2: Public Scoping Meeting. LSA will conduct one public scoping meeting for the
proposed project. The City will schedule the scoping meeting, secure an appropriate venue and
media for the meeting, and notice the meeting in a local newspaper and the City's website. The
date, place, media, and time for the scoping meeting will be identified in the NOP, and the
meeting will be scheduled during the 30-day NOP public review period.
During the scoping meeting, LSA will collect public input on the project, explain the EIR
process, and respond to questions related to the preparation and processing of the EIR. After the
meeting, LSA will summarize the written and verbal comments received and submit the meeting
summary to the City for review and approval to be included as an appendix to the E[R. LSA will
identify and address all pertinent comments received during the scoping meeting in the EIR.
Output: Assuming an in -person meeting, LSA will provide up to 25 hard copies of handout
materials for the scoping meeting and submit one electronic document to the City summarizing
the written and verbal comments received during the public scoping meeting. LSA will
document written and verbal comments received during the scoping meeting and submit the
meeting summary to the City for review and approval.
Task 8.0: Administrative Draft Environmental Impact Report
Task 8.1: Administrative Draft EIR (ADEIR) No. 1. Prior to the EIR work effort, LSA will
submit a proposed EIR document template to the City for review and approval. LSA will review
the City's General Plan, environmental records for the site, Applicant -prepared reports, and/or
17
L \ca\Agreements%Lugoma Village Environment Agmt.EA-7.2.FY22-0003.doc.jn
other relevant documents to ascertain the existence of and/or extent of potential environmental
impacts.
LSA will conduct a comprehensive assessment of the project's impact(s). ADEIR No. 1 will
address the key environmental factors determined potentially significant in the Initial Study (see
Task 3.0) as they relate to the project, applicable City standards, and/or the standards of State
and federal entities.. In the discussion of these issues, LSA will address the following CEQA-
mandated topics:
• Any significant irreversible environmental changes that would be involved in
the proposed action, should it be implemented;
• The significant unavoidable impacts resulting from project development;
• The cumulative impacts associated with the proposed project;
• The proposed project's consistency with local and/or regional plans;
• The potential growth -inducing aspects of the project; and
• The identification of potential alternatives to the proposed project. In addition
to the "No Build" alternative, up to three "build" alternatives will be
evaluated. The scope of the alternatives will be developed in consultation with
the project Applicant and the City. The evaluation of alternatives will provide
a comparative analysis of alternatives to the proposed project. Consideration of
additional alternatives can be accommodated through an augment to this scope
and cost estimate.
LSA will examine all issues in an appropriate level of detail, and each issue will include an
assessment of the direct and indirect short-term and long-term environmental impacts that would
be created by the project based on established thresholds of significance. In addition, LSA will
evaluate implementable mitigation measures that can be effectively monitored and enforced for
each significant impact identified.
The EIR will address relevant comments received during the NOP period and public scoping
meeting. These work efforts will be compiled into ADEIR No. 1, along with analysis of topical
issues required by CEQA, an Executive Summary, Introduction, Project Description, and
Alternatives. This scope and cost estimate assumes all non-LSA studies not specifically
identified in Task 2.0 will be reviewed and approved by the City for incorporation in ADEIR No.
1.
The EIR will identify impacts that cannot be reduced to less than significant levels and LSA will
discuss significant impacts with City staff to evaluate possible modifications to the project
characteristics or alternatives that could reduce potential impacts to less than significant levels.
This work will occur prior to completing the ADEIR No. 1 document so the City can evaluate
the project objectives and track the progress of the project through the CEQA process.
Output. LSA will provide the City one electronic copy (Word and PDF files) of the ADEIR for
review within 10 weeks of public distribution of the NOP. This scope and cost estimate assume
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up to two rounds of review/revision and one electronic copy of the ADEIR No. l for the City
during each of the two review cycles. As requested, LSA will provide up to two hard copies of
ADEIR No. 1 for City review and comment (supporting technical appendices will be provided
on flash drives).
Note: A round of comments, as referenced throughout this scope, refers to a group of written
consolidated comments from City departments (including the City attorney). Review of the
ADEIR by the Applicant (as permitted by the City) will also constitute one separate round of
review. Additional rounds) of review of the ADEIR by the City Applicant, third parties, or any
other persons or entities will be considered an additional round of review and may be completed
upon authorization of an augment to this scope and cost estimate. To limit duplication of work
efforts, .LSA will commence work on ADEIR No. 2 upon the receipt of City and, as permitted,
other comments.
Task 8.2: Administrative Draft EIR No. 2. Upon receipt of a consolidated, non -contradictory
set of written comments on ADEIR No. 1 from City staff, LSA will revise the EIR as necessary
to address comments. After all required revisions have been incorporated into the document,
LSA will submit ADEIR No. 2 to the City for review and approval.
Output: LSA will provide the City one electronic copy (Word and PDF files) of ADEIR No. 2
for review. As requested, LSA will provide up to two hard copies of ADEIR No. 2 for City
review and comment (supporting technical appendices will be provided electronically).
Task 9. D: Draft Environmental Impact Report
Task 9.1: Prepare Draft EIR for Public Review. Upon receipt of a consolidated and non -
contradictory set of written comments from City staff on ADEIR No. 2 (Task 8.2), LSA will
prepare the Draft EIR for public review. LSA will be responsible for printing and distributing the
Draft EIR using the most recent distribution list compiled and provided by the City.
Task 9.2: Mitigation Monitoring and Reporting Program. LSA will prepare a Mitigation
Monitoring and Reporting Program (MMRP) to assist the City in implementing the mitigation
measures prescribed in the EIR. The MMRP will delineate the procedures for monitoring and
complying with each mitigation measure, identify the agency/person(s) responsible for the
monitoring and reporting of each measure, and outline the schedule for implementation.
Task 9.3: Notice of Completion and Notice of Availability. LSA will prepare the Notice of
Completion (NOC) to accompany the Draft EIR to the State Clearinghouse and will prepare a
Notice of Availability (NOA) of the EIR for filing with the San Bernardino County Clerk. The
City will be responsible for adequately satisfying all filing and noticing requirements associated
with the NOC and NOA pursuant to CEQA.
Task 9.4: Circulate Draft EIR for Public Review. LSA will utilize the most recent distribution
list compiled and provided by the City. LSA will distribute the Draft EIR to agencies and the
public within one week of receiving approval for distribution from the City. The distribution of
19
LAca\Agreements\Lugonia Village Environment Agmt.EA-7.2.FY22-0003.doc.jn
the Draft EIR will be via electronic upload to the State Clearinghouse and via Certified Mail
(return receipt) to all other parties.
LSA will distribute the NOA via certified mail (return receipt) to the parties on the City's
distribution list. LSA will provide the City confirmation of all deliveries. The NOA will include
an active weblink to the City's websitc that reviewers may access to view the Draft EIR. The
City will post the NOA with the San Bernardino County Clerk of the Board, in a newspaper of
general circulation, and on the City's website, and provide other required notification.
Output: LSA will provide the NOC and the Draft EIR to the State Clearinghouse for distribution
to State Agencies. As currently permitted, the NOA, NOC and Draft EIR will be uploaded to the
OPR CEQAnet database electronically. Direct upload by consultants to the CEQAnet site is not
currently permitted. Either the City will upload these documents or the City will provide LSA
access to CEQAnet to perform the upload. Upon request, LSA will provide up to 10 hard copies
of the Draft EIR to the City for staff and/or public uses. 1f hard copies of the Draft EIR are
required, supporting technical appendices will be provided as PDF files on flash drives included
with each hard copy the Draft EIR.
LSA will distribute the NOA with active weblink to the Draft EIR to up to 25 parties on the
City's distribution list.
Task 10.0: Final Environmental Impact Report
Task 101: Response to Comments. Upon close of the public review period, LSA will prepare
responses to public and agency comments received on the Draft EIR. This scope and cost
estimate anticipates up to 80 hours of staff time will be required for this task. Work efforts
related to this task in excess of the time identified in this scope and cost estimate will be billed
on a time -and -materials basis. As necessary, LSA will formulate responses to the comments
received on the Draft EIR within two weeks of receipt of a complete set of comments from the
public review period. LSA will submit draft responses to comments to the City for review.
Task 10.2: Administrative Final EIR LSA will prepare an Administrative Final EIR that
includes modifications to the Draft EIR in response to comments received. The Final EIR will
include an Executive Summary of the Draft EIR, modifications to the Draft EIR in response to
comments received, comment letters, and responses regarding the Draft EIR and Draft MMRP.
To facilitate review of the Final EIR, revisions made subsequent to public review of the Draft
EIR will be identified with underline/4f (strikeout) text. The Administrative Final EIR will
be provided to the City for up to two rounds of review and comment. This scope and cost
estimate anticipates City review of the Administrative Final EIR will include concurrent review
by responsible City departments, including, but not limited to, Public Works, Fire/Police,
Planning, and the City attorney.
Task 10.3: Oraft Facts, Findings, and Statement of Overriding Considerations. Prior to
hearings on the project, LSA will prepare a draft Facts, Findings, and Statement of Overriding
Considerations (SOC), if needed, summarizing the findings and mitigation measures contained in
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L'AcalAgreements\Lugonia Village Environment Agmt,EA-7.2,FY22-0003.doc.jn
the Final EIR. The Draft Facts, Findings, and SOC will be delivered to the City in electronic
format for use by legal counsel and finalization by the City.
This scope and cost estimate anticipates up to 80 hours of staff time will be required for this task.
Work efforts related to this task in excess of the time identified this scope and cost estimate will
be billed on a tithe -and -materials basis. This scope and cost estimate anticipates the Facts,
Findings, and SOC will be revised by the City attorney prior to consideration of the project by
the Planning Commission and City Council.
Task 10.4: Final EIR. LSA will revise the Administrative Final EIR per City staff comments
and prepare the Final EIR for public hearings on the -project and EIR. LSA will distribute the
Final EIR to all commenting parties at least 10 days prior to public hearing action on the project.
Output.
• Electronic copies (Microsoft Word and PDF) of Draft Response to Comments to the
City for review and comment.
• Electronic copies (Word and PDF) of the Administrative Final EIR during each round
of review.
• Up to 10 hard and electronic copies (Word and PDF) each of the Final EIR to the
City.
• Up to 10 electronic copies of the Final EIR (PDF on flash drive) distributed to
commenting parties.
Task 11.0: EIR Project Management and Additional Meetings
Task 11.1: EIR Project Management. The work program will ensure the smooth functioning of
the CEQA process for the project by maintaining open communications with City staff. LSA will
maintain a continuous liaison with City staff by identifying and defining key issues as they arise
and coordinating responses. In addition to the kick-off and Scoping meetings) (see Tasks 1.1
and 6.2), LSA will participate in up to fifteen (15) monthly coordination meeting(s) with City
staff, and as permitted, the Applicant. Additional meetings can be accommodated on a time -and -
materials basis.
Output: As requested, LSA will prepare progress notes, schedule updates, etc. as LSA manages
and coordinates the CEQA process for this project.
Task 11.2: Additional Meetings and Public Hearings. LSA will attend up to six additional
online meetings and/or public hearings (Planning Commission and City Council) as requested by
City staff to discuss issues regarding preparation and certification of the EIR. LSA anticipates
periodic telephone conferences throughout the duration of the EIR process with City staff to
ensure the timely progression of work efforts and resolution of issues of concern. LSA will
provide project updates via email as needed or requested.
Task 11.3: Project Record. Upon certification of the EIR, LSA will compile the Project Record. The
City will provide copies of the certifying resolutions and/or project approvals. The Project Record will
include, but shall not be limited to, the final environmental document (including technical studies,
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supporting data, comments received, and the MMRP), copies of scoping meeting materials (as
applicable), approving resolutions, source documents, reference material, project notices, public
comments and responses, and other relevant materials.
Output: LSA will provide the City one electronic copy (PDF on flash drive) of the Project Record.
SCHEDULEOF DURATION DATE OF DELIVERY
Authorization to Proceed 1 day Early August 2022
Task 1.0: Project Initiation
1.1: Project Kick-off Meeting
I day
Early August 2022
1.2: Project Description 1 week Mid August 2022
Task 2.0: Peer Review
2.1: Air Quality/GHG/Energy
3 weeks
Late August 2022
2.2: TIA/VMT
4 weeks
Mid September 2022'
2.3: BRA/Burrowing Owl 4 weeks Mid September 2022'
Task 3.0: Technical StudieslReportsl
3. i : Noise/Vibration Impact Assessment
4 weeks
Mid September 20222
3.2: Cultural Resources Assessment 12 weeks Late October 20223
Task 4.0: Initial Study
4.1: Draft Initial Study
3 weeks
Mid November 2022'
City Review
2 weeks
Late November 2022
LSA Revision
1 week
Early December 2022
City Review
2 weeks
Mid -Late December 2022
4.2: Mitigation Monitoring and Reporting — Late December 2022
Program
Task 5.0: Mitigated Negative
Declaration
5.1: IS/MND Public Review Materials
1 week
Early January 2023
Public Review Period
30 days
Early January 2022 to Early
February 2023
5.2: Response to Public Comments
2 weeks
Mid February 2023
5.3: Final IS/MND and NOD
I day
Mid February 2023
City Review of Final IS/MND
2 weeks
Late February 2023
22
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LSA Revises Final IS/MND 3 days Early February 2023
Task 6.0: Project Management and
Meetings
6.1: Project Management
Ongoing
6.2: Meetings and Public Hearings
Ongoing
Public Hearings (assume up to two)
1 day each
To be determined
TOTAL
7 months
1. Date to first delivery of first peer review, based on assumptions detailed in this scope.
2. Assumes required data will be available 3 weeks after Notice to Proceed.
3. Assumes 12 weeks for receipt of records search results.
4. Upon completion of all studies, receipt of required data (including Native American Consultation results.)
Assumes completion of all studies and receipt of all required and relevant project materials. As the project
includes a General Plan Amendment, Native American consultation pursuant to SBIS and AB52 is required.
The consultation periods detailed in SB18 are substantially longer (90 days) than those required under AB52
(30 days); therefore, to ensure the timely completion of the Initial Study, it is imperative the City initiates
consultation efforts at the earliest date practicable.
The schedule of tasks is dependent upon the timely receipt of all required data and project
materials and the adherence to the review times identified in the table above. This schedule
assumes the City review of technical studies/reports will occur over a two -week period. Review
of studies by the applicant and/or third -party peer reviewers would require an adjustment to this
tentative schedule.
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COST ESTIMATE
LSA proposes to complete the IS/MND and technical studies as outlined in Task 1.0 through
Task 6.0 for $79,220. In the event the City determines that any significant impact cannot be
reduced to a less than significant level, LSA would prepare an EIR. LSA can complete the EIR
for the project as outlined in Task 7.0 through Task 11.0 for an additional $157,360. Initiation
of any EIR work will not occur without written authorization from the City.
The following table provides estimated budgets by task for information and convenience. The
final budget will be competed as an hourly approach, with a not -to -exceed amount for the entire
project.
STUDYINITIAL
'
(if required)
LABOR
i ' TOTAL
Task 1.0: Project Initiation
--
3,420
3,420
—
— —
LI: Project Kick-off
--
1,650
1,650
--
-
-
Meeting
1.2: Project Description
--
1,770
1,770
—
—
—
Task 2.0: Peer Review
-
14,655
14,655
2.1: Air
--
5,645
5,645
Quality/GHG/Energy
2.2: TIANMT
--
4,000
4,000
2.3: BRA/Burrowing Owl
--
5,010
5,010
Task 3.0; Technical
19180
17,815
18,995
—
—
—
Studies/Reports
3.1: Noise/Vibration Impact
680
11,335
12,015
—
—
—
Assessment
3.2: Cultural Resources
500
6,480
6,980
—
—
—
Assessment
Task 4.0: Initial Study
--
19,550
19,550
—
—
--
4.1: Draft Initial Study
--
18,750
18,750-
4.2: Mitigation Monitoring
and Reporting
--
800
800
—
—
—
Program
Task 5.0: Mitigated
900
14,965
15,865
—
—
—
Negative Declaration
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5.1: IS/MND public Review
425
4,715
5,140
—
—
—
Materials
5.2: Response to Public
50
5,090
5,140
—
—
—
Comments
5.3:Final IS/MNDand NOD
425
5,160
5,585
—
—
—
Task 6.0: Project
50
6,685
6,735
—
—
—
Management and Meetings
6.1: Project Management
--
3,890
3,890
—
—
—
6.2: Meetings and Public
50
2,795
2,845
—
—
—
Hearings
2,130
77,090
79,220
---
-
-
L
bi
Task 7.0: NOP, NOC, and
Public Scoping Meeting
—
—
—
S100
6,105
6,205
7.1: Notice of
Preparation/Notice of
—
—
—
$0
2,615
2,615
Completion
7.2: Public Scoping Meeting
—
—
—
$100
3,490
3,590
Task 8.0: Administrative
—
—
—
100
69,610
69,7102
Draft E1R
Reimbursable expenses (e.g., Records Search and Fossil Locality fees, mileage, printing, shipping, technical equipment, etc.).
z Assumes completion of a multi -issue FIR (e.g., more than one environmental issue requiring FIR analysis). In the event a single -issue FIR is
required, the cost may be adjusted. Upon confirmation that a single -issue EIR is appropriate, LSA will prepare a detailed revised cost
breakdown to be reviewed and approved by the City.
25
L:1calAgreemems\Lugonia Village Environment Agmt.EA-7.2.FY22-0003_doc.jn
9.2: Mitigation Monitoring
and Reporting
—
—
—
0
1,930
1,930
Program
9.3: Notice of Completion
and Notice of
—
—
— l
0
895
895
Availability
8.4: Circulate Draft EIR for
—
—
—
500
4,000
4,500
Public Review
Task 10.0: Final EIR
—
—
—
500
39,360
1 39,860
10.1: Response to
-
—
—
0
15,190
15, l 90
Comments
10.2: Administrative Final
—
--
—
0
9,560
9,560
EIR
10.3: Draft Facts, Findings
—
—
—
0
8,500
8,500
and SOC
10.4: Final EIR
—
—
—
500
6,110 6,610
Task 11.0 EIR Project
Management and
—
—
—
90
27,210
27,300
Meetings
11.1: EIR Project
—
—
—
$0
14,710
14,710
Management
11.2: Additional Meetings
—
—
—
75
5,500
5,575
and Public Hearings
11.3: Project Record
—
—
—
15
7,000
7,015
SUBTOTAL: EIR'
(Tasks 7.0 through 11.0)
—
—
—
1,390
155,470
157,360�
TOTAL
—
—
—
3,520
233,060
236,580
PROPOSAL SPECIFICATIONS
The cost estimate is based on the specifications listed below.
Except as required to be disclosed by the California Public Records Act, this proposal is
to be reviewed by only the Client and LSA, and the specific contents herein are not to be
shared, conveyed, and/or otherwise communicated to any person, company, agency
and/or entity. The cost to prepare the technical studies and CEQA document does not
include activities outside the scope of services presented in our proposal.
26
L'AcalAgreements%Lugonia Village Environment Agmt.EA-7.2.FY22-0003.docJn
The cost to prepare the technical studies and CEQA document does not include activities
outside the scope of services presented in our proposal.
Should the project description change after the commencement of the technical studies,
the budget and schedule may warrant an amendment.
Cost and schedule estimates are based on our best judgment of the requirements known at
the time of the proposal and can be influenced favorably or adversely by City and/or
Applicant needs and other circumstances. LSA will endeavor to perform the services and
accomplish the objectives within the estimated costs and schedule. Once the analyses of
the project have commenced, any changes in the design, nature, location, and/or extent of
the project may require an adjustment to this scope and cost estimate. Additionally,
efforts not specifically detailed in this scope of work may require an adjustment to this
cost estimate.
The cost proposal does not include review of the IS/MND, EIR, or technical studies by
third -party reviewers. If the City and/or Applicant desire third -party reviewer
involvement, the cost to respond to third -parry reviewer comments shall be negotiated
between LSA and the City before LSA responds to the comments made by those entities.
The Project Team members will provide LSA with copies of all known documentation
relating to the physical or other conditions of the project site within one week after
authorization to proceed or within a reasonable time from completion of studies currently
being prepared.
Except as set forth in this proposal, it is assumed that the City (or its designee) will be
responsible for the distribution of documents, publication and/or posting of notices, and
payment of associated filling fees and costs.
The cost estimate remains open and valid for a period of 90 days from the proposal due
date. Beyond 90 days, LSA reserves the right to reevaluate the estimated costs.
The costs for attending additional meetings (assume three-hour average meeting time and
add in any travel costs) shall be an estimated $500.00 per meeting.
27
L:\ca\Agreements\Lugonia Village Environment Agmt.EA-7.2.PY22-0003.doc_jn
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.
CHFCK ONF
JLI 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.
LSA Associates, Inc.
By:
Mike Trotta, CEO
28
LAca\Agreements\Lugonia Village Environment Agmt.EA-7.2.FY22-0003.doc.jn
Date: �S Z