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HomeMy WebLinkAboutContracts & Agreements_135C-2022FIFTH AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This fifth amendment ("Fifth Amendment') to the agreement for professional environmental consulting services for the ("Agreement') dated January 7, 2020 ("effective date"), by and between the City of Redlands, a municipal corporation ("City"), and Kimley-Horn ("Consultant'), is made and entered into this 1 st day of July, 2022. RECITALS WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement effective July 1, 2022 and to extend the time for completion of the services to December 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 December 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 Fifth 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] L:AcaAAgreements\Kimley-Hom Fifth Amend FY21-0176.doexjn IN WITNESS WHEREOF, the parties have executed this Fifth Amendment, to be effective as of July 1, 2022. CITY OF REDLANDS Charles M. Duggan, Jr., City Manager ATTEST: J e Donaldson, City Clerk 2 L:IcaUgreements\Kimley-Hom Fifth Amend.FY21-0176.docx.jn KIMLEY-HO By: Chad Phillips, Vice President ATTEST: 1/1 �/-�� Brian Gillis, Vice President (Pi6302! ATTACHMENT EXHIBIT "A" SCOPE OF SERVICES SCOPE OF WORK Task 1. Mobilization The Kimley-Hom environmental team will review available Project information, plans and studies, as well as other available relevant information. Kimley-Horn will confirm the overall approach and schedule with the City. Kimley-Horn will conduct a site visit to review existing conditions on the properties and surrounding environment. Task 2. Prepare Project Description The Kimley-Hom environmental team will use information obtained in Task 1 and work closely with City staff to prepare a draft Project Description for the California Environmental Quality Act (CEQA) document. The Project Description will be prepared to the level of detail required by the City for the entitlement approvals being sought. The draft Project Description will be sent to the City for review and will be used as the basis for the IS Checklist, MND, and related technical studies. Task 3. Complete CEQA Technical Studies Kimley-Hom will prepare and/or peer review the following technical studies to support the IS/MND prepared for the Project. Kimley-Horn will also utilize, to the extent practical, available reference documents and prior CEQA documents, including the City's General Plan Environmental Impact Report (EIR). For each technical study, this proposal allows for two rounds of staff review, assuming that for all submittal reviews staff comments are consolidated into one comment set, and subsequent comments focus on the adequacy of addressing prior comments and do not raise new issues. Each round of City staff review would be two weeks in length. A) PEER REVIEW -Air Quality, Greenhouse Gas Emissions, Noise Assessments-Kimley- Horn will peer review the Air Quality, Greenhouse Gas, and Noise technical studies that were prepared for the proposed project. Written comments on the technical analysis will be provided to the City. The review will consist of the following: Review the analyses, including a review of all modeling data and assumptions; Evaluate the adequacy of the methods used to conduct the various parts of the study in terms of professional standards, regulatory standards, and CEQA Guidelines; Evaluate the consultant's recommendations and conclusions based on CEQA L:\ca\Agreements\Kimley-Ham Fifth Amend.FY21-0176.docx_jn Guidelines and other state and federal laws as applicable; and Complete a letter report summarizing the adequacy (or inadequacies) of the technical report. B) PEER REVIEW -Traffic Impact Analysis - Kimley-Horn will peer review the applicant's Traffic Impact Analysis as identified below. Obtain a copy of the traffic study for the project, including all report tables, figures, and technical appendices. Obtain a copy of any documents or standards that would apply to the design and analysis of the project site, including the City's Circulation Element, Standard Plans, Traffic Study Guidelines, and the County Congestion Management Program (CMP). • Coordinate with City staff to gain an understanding of the City's traffic study requirements communicated to the consultant for the completion of the study, and to obtain a copy of any Scoping Agreements pertaining to the project. Conduct a site visit of the project site and the surrounding study area. • Review the traffic data, analysis assumptions, and analysis results for completeness and accuracy, and for compliance with agency standards. Review of detailed analysis calculations and summary tables will consist of a representative spot check of the report tables and figures, and of the technical appendices' worksheets. Provide written comments identifying any issues with the traffic study. • Review comments will be provided either in a typed memo, or as hand-written mark-ups on the report itself, or a combination of both, depending on which is the most effective means to relay the information. Typed comment memos will include numbered comments, with references to page numbers and section headings for ease of reference. Provide a follow-up review of the revised study, limited to review of the changes made in response to our comments • If requested, attend one coordination meeting or conference call with the City. Attendance at additional meetings is not included. If requested, attendance at additional meetings with team members or City staff or at public meetings and public hearings will be billed on a time -and - materials basis in accordance with the standard hourly billing rate schedule in effect at the time the meetings are requested. C) Habitat Assessment - Kimley-Horn has retained the services of Jericho Systems, Inc. (Jericho) to conduct a habitat assessment for the proposed project. Sub -Task I - Biological Resource L:\ca\Agreements\Kimley-Horn Fifth Amend.FY21-0176.docxjn Assessment Literature/Database Review. Jericho will review state and federal databases of sensitive species known to occur in the area. Site Visit. Jericho's biologists will conduct a pedestrian survey of the entire Project area, including a standard 200-foot buffer area, and review the Project area for both common and sensitive wildlife and endemic plant species. The trees to be removed will be reviewed for potential habitat for birds and/or bats. Burrowing Owl (BUOW) (Athene cunicularia) Habitat Assessment. Based on Jericho's preliminary desktop review of aerial imagery and various species databases, Jericho recommends conducting a habitat assessment for BUOW in the vacant southeastern corner because it is adjacent to vacant property along the south and east borders. If the habitat is suitable for BUOW, Jericho will make recommendations as to conducting protocol surveys for these species. Burrowing owl survey guidelines for areas within San Bernardino County are identified in the "Staff Report on Burrowing Owl Mitigation," State of California Natural Resources Agency, Department of Fish and Game, March 7, 2012. The habitat assessment will be conducted by walking throughout all suitable habitat within the survey area including grasslands, sage scrub, and other areas with sparse, low growing vegetation. Transects will be spaced at approximately 30 feet, which will allow for 100 percent visual coverage of any suitable habitat. Burrows encountered during the survey will be examined for owl sign (e.g., feathers, pellets, whitewash, and prey remnants). Areas of suitable habitat will be mapped onto an aerial photograph. Potential burrows, such as fossorial mammals burrows as well as manmade structures including earthen berms, cement culverts, cement, asphalt, rock, or wood debris piles; or openings beneath cement or asphalt pavement will generally mapped onto an aerial photograph for use during the focused survey, if needed. The Staff Report recommends that burrowing owl focused surveys be conducted whenever burrowing owl habitat or sign is encountered on or adjacent (within 150 meters) of a project site. According to the Department guidelines, breeding season surveys consist of conducting 4 survey visits: 1) at least one site visit between February 15 and April 15, and 2) a minimum of three survey visits, three weeks apart, between April 15 and July 15, with at least one visit after June 15. Non - breeding season surveys consist of conducting at least four (4) visits, spread evenly, throughout the nonbreeding season, generally September 1 through January 31. During non -breeding season, surveys should be evenly spaced between September 1 and January 31. During breeding season, between February 15 and July 15, surveys consist of at least four visits. If suitable habitat or burrowing owls are encountered, Jericho can make a recommendation in the report to conduct a protocol survey at a later date. Jurisdictional Delineation (JD). Based on aerial imagery, there does not appear to be any drainages within the parcels. Therefore, Jericho will conduct a JD evaluation to verify if the site conditions meet the criteria defined for jurisdictional waters and/or wetlands. Jericho will review the 5 LAcaUgceementsWimley-Hom Fifth Amend.FY21-0176.docx, n jurisdictional waters information through examining historical aerial photographs to gain an understanding of the impact of land -use on natural drainage patterns in the area. Where possible, surface drainage systems will be traced using aerial imagery to downstream receiving waters. The USFWS National Wetland Inventory and Environmental Protection Agency (EPA) Water Program "My Waters" data layers will also be reviewed to determine whether any hydro logic features and wetland areas had been documented within the vicinity of the site. Similarly, the United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS) Web Soil Survey will be used to identify any hydric soils. During Field Review, our Regulatory Specialists will survey each drainage feature to: 1) photo document the up and downstream conditions at the crossing and record the habitats, sensitive resources and jurisdictional boundaries with GPS. The fieldwork will provide the data necessary to visually depict the limits of "waters of the United States" and "waters of the State" relative to fill limits of each drainage crossing. Sub -Task 2 - Final Report Once the site visit(s) are conducted and the Project site baseline information is obtained, our Biological Assessment/JD report will be prepared discussing the habitat found on site, regulatory requirements, and make recommendations for avoidance, minimization, and mitigation measures, where applicable. For any jurisdictional areas, our findings will document existing conditions and jurisdictional resources and regulatory approvals that may be required for impacts to these resources. The JD will provide the technical information necessary to support CEQAINational Environmental Policy Act (NEPA) and the regulatory permit applications for Project -related impacts to Waters of the U.S. and Waters of the State. D) Cultural Resources Assessment - Khnley-Horn has retained the services of BCR Consulting, LLC (BCR) to conduct a Cultural Resources for the proposed Project. Sub -Task 1- Research The records search for cultural resources (archaeological and historical) will be conducted through the South -Central Coastal Information Center (SCCIC) at California State University, Fullerton. This research will characterize the status and extent of previous cultural resource studies completed in the project area and will help predict the types of resources expected within the project site boundaries. Sub -Task 2 - Field Survey BCR Consulting field staff will perform a pedestrian cultural resources survey of the accessible portions of the project site using 15-meter transect intervals. This fieldwork will be completed under the supervision of a cultural resource professional that meets the United States Secretary of the Interior's Professional Qualification Standards for Archaeology and for Architectural History. The goal of this task will be to identify any cultural resources within the project site boundaries L.AeaVAgreements\Kimley-nom Fifth Amend.FY21,0176.docx.jn (including prehistoric and historic archaeological and historic architectural resources), and to produce or update the necessary site records. Sub -Task 3 - Report A cultural resources report will be produced consistent with CEQA requirements, in a format acceptable to the City. The report will include a project description, cultural setting, methods, results, and recommendations sections. Relevant maps and photographs will be included and Department of Park and Recreation (DPR) 523 forms will be attached to record any cultural resources identified. Sub -Task 4 - Paleontological Overview BCR Consulting will initiate a paleontological overview for the project with the Western Science Center for the project. Professional Paleontologists will review relevant paleontological sensitivity maps and reports completed in the vicinity of the project to assess sensitivity for buried paleontological resources (i.e., fossils). The resulting report will be appended to the cultural resources report. Sub -Task 5 - Native American Heritage Commission Sacred Lands File Search The City will perform Assembly Bill (AB) 52 Consultation with the appropriate tribes. If requested to participate, BCR Consulting will be available to discuss any tribal concerns during one conference call. BCR Consulting will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search. Results of the SLF will be summarized in brief letter and summary matrix. E) PEER REVIEW - Phase I Environmental Site Assessment - Kimley-Horn will peer review the applicant's Phase I Environmental Site Assessment. The Report will be peer -reviewed fa- accuracy as well as compliance with CEQA Threshold requirements. A peer review memorandum will be prepared and submitted to City staff for review. Task 4. Prepare Administrative Draft IS/NM Once the Project' Description has been approved by the City, it will be integrated into the CEQA IS. A draft MND, if appropriate, will be prepared in accordance with the recently adopted CEQA Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended, as well as the City CEQA guidelines. Environmental resources anticipated to be addressed in the preliminary draft IS/MND include: • Aesthetics • Agriculture and Forestry Resources 7 L:\ca\Agreements\Kimley-Hom Fi14h Amend.FY21-0176.domp • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation • Tribal Cultural Resources • Utilities and Service Systems • Wildfire Kimley-Horn will prepare a Preliminary Draft IS/MND for City review and comment. Kimley-Horn will incorporate City comments and prepare a final 'check copy" of the Draft IS/MND for City approval for publication. Task 5. Distribute Draft IS/MND Upon approval by the City, Kimley-Horn will assist the City with filing the Notice of Intent (NOi) to adopt a Mitigated Negative Declaration with the County Clerk and State Clearinghouse in accordance with CEQA. This task assumes that, following receipt of initial MND comments, no further substantive comments or corrections are required to be incorporated into the MND. A Notice of Completion will be prepared as required for this filing. 8 L'\ca\Agreements\Kimley-Hom Fifth Amend PY21-0176.doex.jn To advise the public of the availability of the Draft IS/MND, Kimley-Horn will draft a display ad for publication in a local newspaper of general circulation in the City. Upon approval of this notification, Kimley-Horn will coordinate publication of the display ad and obtain an affidavit of publication that will be included in the Final IS/MND. Kimley-Horn will obtain a mailing list of interested persons from the City, if available. If no such list is available, Khmley-Hornwill prepare a Project mailing list to include local and regional government agencies who will receive notification of the Project. The mailing list will be provided to the City for approval prior to release of the document. A copy of the NOi will be mailed to those on the mailing list. Any radius list, if required, is assumed to be provided by the Project Applicant. Kimley-Horn will provide 11 hard copies of the IS/MND, with technical studies and modeling output/database searches on CDs. CD copies of the IS/MND will be sent to key agencies, and hard copies of the document placed in local public libraries in the City area. Kimley-Horn will provide a PDF version of the IS/MND to the City for posting on its website. Kimley-Hom will prepare an Affidavit of Distribution to documentpublic notification compliance. Task 6. Prepare Final IS/MND On behalf of the City, the Kimley-Horn environmental team will prepare responses to written comments received during the public review period of the Draft 15/MND. Draft responses will be submitted to the City for review and approval. Responses will be incorporated into the Final 15/MND, which will be compiled to reflect any changes to the document that may have resulted from comments. The Final 15/MND will be submitted to the City for review and consideration by the Planning Commission for adoption of the MND and Project approval. Kimley-Horn assumes that the Final 15/MND will consist of the Draft 15/MND along with a Comments and Responses supplement. Given the difficulty in predicting the nature and extent of Draft 15/MND public comments, this task assumes a maximum of 20 hours for responding to public comments on the Draft 15/MND. Kimley-Hom will prepare a Mitigation Monitoring and Reporting Plan (MMRP) to be adopted by the City should the Project be approved. If the Planning Commission adopts the MND and approves the Project, Kimley-Hom will prepare a Notice of Determination (NOD) and submit it to the City for subsequent submittal to the County Clerk. This scope of work assumes the City will pay all posting fees associated with the NOD. Task 7. Public Hearing/Meeting If desired by the City, Kimley-Horn will attend up to two public hearings/meetings to assist the Planning Commission and City Council with Project questions and answers during the open forum portion of each hearing/meeting. Task S. Project Management and Meetings (Time and Materials) L:\ca\Agreemcnts\Kimley-Hom Fifth Amend.FY21-0176.docx.jn The Kimley-Horn team will be led by Mr. Kevin Thomas, CEP, ENV SP. Kevin has more than 30 years of experience in CEQA/NEPA compliance. Kevin will personally review the CEQA documentation and related analyses for compliance with CEQA. Additionally, Ms. Kari Cano will act as a Project Manager to Kevin Thomas. Kari has 14 years of CEQA/NEPA experience working with various cities in the Inland Empire, including multiple projects in the City of Redlands. 10 L'.\ca\Agreements\Kimley-Hnm Fifth Amend.FY21-0176.docx.jn PROJECT SCHEDULE HOLY CHURCH OF JESUS IS/MND SCHEDULE UPDATED 6-30-22 K.H to Address City Draft Comments May 10, 2022 through June 5, 2022 and Incorporate New Information City Review- Final and "OK for Print' June 6, 2022 K.H. Draft IS/MND Production June 1, 2022 through June 8, 2022 30-day Public Review June 9, 2022 through July 8, 2022 July 8, 2022 through July 22, 2022 K.H. Final IS/MND Preparation City Review -Draft July 22, 2022 through July 29, 2022 K.H. Address City Review— Draft August 1, 2022 through August 5, Comments 2022 City Review - Final and IS/MND August 6, 2022 through August 13, Publication 2022 Public Hearing/Meeting August 23, 2022 11 L:AcaAAgceements\Kimley-Horn Fifth Amend FY21-0176.docx jn