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HomeMy WebLinkAboutAgree-Chambers GroupEA-7.2 (12.8.21) AGREEMENT 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 19th day of September, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Chambers Group, 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, Project Costs and Schedule" including a project schedule, which is attached hereto and incorporated herein by reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Brian Desatnik, City's Development Services Director, 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 June 30, 2024. I:\cmo\Agreements\Chambers Group, Inc .FY22-0256.doc jm 1 EA-7.2 (12.8.21) 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 ninety-one thousand eight hundred fifty-six dollars ($91,856). City shall pay Consultant on a time and materials basis, up to the not to exceed amount, in accordance with Exhibit "A," titled "Scope of Services, 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 Desatnik, Director Development Service Department 35 Cajon Street, Ste. 20 P.O. Box 3005 (mailing) Redlands, CA 92373 bdesatnik@cityofredlands.org (909) 798-7555 Consultant: Mike McEntee, President Chambers Group, Inc. 3151 Airway Avenue, Suite F208 Costa Mesa, CA 92626 mmcentee@chambersgroupinc.com (949) 261-5414 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to the City. I:\cmo\Agreements\Chambers Group, Inc .14Y22-0256.doc-jm 2 EA-7.2 (12.8.21) 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 "B" 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. Professional Liability Insurance, the Consultant shall obtain and maintain throughout the life of the Agreement Professional Liability Insurance in an amount of $1,000,000 per claims made and $2,000,000 aggregate with an insurance carrier accepted to the City. E. 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 I:\cmo\Agreements\Chambers Group, Inc .FY22-0256.doc-jm 3 EA-7.2 (12.8.21) represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: 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 I:\cmo\Agreements\Chambers Group, Inc .FY22-0256.doc-jm 4 EA-7.2 (12.8.21) only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 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. I:\cmo\Agreements\Chambers Group, Inc .FY22-0256.doc jm 5 EA-7.2 (12.8.21) IN WITNESS WHEREOF, duly authorized representatives of City and. Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Charles M. Duggan, Jr., City Manager ATTEST: anne Donaldson, City Clerk I:\cmo\Agreements\Chambers Group, Inc .FY22-0256.doc-jm 6 Mike c nt.e, President EXHIBIT "A" SCOPE OF SERVICES, PROJECT COSTS AND SCHEDULE "See Attached Proposal" I:\cmo\Agreements\Chambers Group, Inc .FY22-0256.doc jm 7 EA-7.2 (12.8.21) Pt;oposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP September 14, 2023, Revision 3151 Airway Avenue, Suite F208 Costa Mesa, CA 92626 Ryan Murphy, Senior Planner City of Redlands 35 Cajon St., Suite 20/P.O. Box 3005 Redlands, CA 92373 RE: CEQA Documentation Services for the Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 Dear Ryan Murphy, Chambers Group is pleased to receive the request from City of Redlands (City) to provide a scope to conduct California Environmental Quality Act (CEQA) documentation services for the Initial Study (IS) for Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 (Proposed CarMax). To support the City, Chambers Group will prepare the required CEQA documentation, and perform CEQA adequacy review, peer review, or develop technical studies as appropriate. Our draft scope and cost are provided below and can be adjusted as needed under City direction. Our firm has an extensive and successful resume of providing similar throughout southern California. Our success is grounded in our ability to forge strong working relationships with agencies while staying abreast of all regulations associated with CEQA compliance. Why Chambers Group? • Experience: Chambers Group has previous experience working within San Bernardino County, including projects within the City. Our experience includes providing biological and archaeological monitoring for the Home2Suites Hotel and, most recently, working with the City on the development of a water reservoir near Sunset Drive. • Community/Project Understanding: We understand the uniqueness the City brings with its big town with a small- town feel. Located south of the San Bernardino mountains, and just west of Palm Springs, the City provides residents and visitors access to not just a variety of entertainment and scenery, but also in its historic architecture such as the Historic Downtown Redlands. With the recent moratorium on industrial development, we understand the City's need to maintain its visual and historic appeal while moving forward creating a prosperous economy. • Comprehensive In-house Staff: Chambers Group has many internal resources to move certain processes along including biological resources, cultural resources, and Geographic Information System (GIS) saving the City time and money. • Comprehensive Quality Assurance/Quality Control (QA/QC): Chambers Group carefully manages document quality and has an excellent QA/QC program that has resulted in awards of third -party review contracts. • Ldn Consulting, Inc. (Ldn) adds Noise, Air Quality, Greenhouse Gas (GHG) Expertise: Jeremy Louden's team provides Noise/Air Quality/GHG/Energy/Health Risk Assessment peer review. • General Technologies and Solutions (GTS) adds Traffic Expertise: Rawad Hani's team will provide the Vehicle Miles Traveled (VMT) Screening & Traffic Impact Analysis peer review. Chambers Group's Project Manager, Christie Robinson, has wide-ranging experience with CEQA, National Environmental Policy Act (NEPA), and complex environmental permitting and compliance processes. Her experience includes past work on many CEQA documents of a similar nature to the one required for this Project. Christie can be reached via e-mail at crobinson@chambersgroupinc.com or phone (948) 262-5414 ext. 7138. Eunice Bagwan who has recently been working with the City will serve as Deputy Project Manager on this project. Eunice's email address is ebagwan@chambersgroupinc.com. Chambers Group thanks the City in the continued relationship and looks forward to assisting in the Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962. CHAMBERS GROUP www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP Our proposal is a draft and can be adjusted at the direction of the City. If the City would like to discuss qualifications or any section of our proposal further, please do not hesitate to contact Christie Robinson directly on the phone number or e-mail listed previously. Sincerely, CHAMBERS GROUP, INC. 4ivek Mike McEntee President 40414, CHAMBERS /11‘' GROUP 2 www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands Project Un erstanding CHAMBERS GROUP Our understanding is that the Project will amend the East Valley Corridor Specific Plan to allow pre -owned automobile sales as a permitted land use (without sales of new automobiles), automobile refurbishing and reconditioning facility with outdoor vehicle storage yard as a permitted use. It will also include wholesale automobile auctions as an accessory land use within the Commercial General (EV/CG) District of the East Valley Corridor Specific Plan. The Project site is located on the west side of New York Street at West Brockton Avenue, approximately 1,000 feet north of West Colton Avenue. The facility would be 4,958 square -foot sales building, a 43,930 square -foot service/reconditioning building, a 2,772 square -foot quality control/auction building, a 936 square -foot non-public carwash building, a private fuel tank/dispenser; and the project would ultimately operate an outdoor vehicle storage on approximately nine acres. The facility would be owned and operated by CarMax. The primary goal of this Project is to complete the CEQA process for the above Project, as requested by the City's Development Services Department, Planning Division (the CEQA Lead Agency) Chambers Group will provide the City with a thorough and detailed IS and an appropriate Negative Declaration (ND) or Mitigated Negative Declaration (MND) for the Proposed CarMax. This includes all aspects of environmental documentation in compliance with CEQA which may include Responses to Comments, Mitigation Monitoring and Reporting Program (MMRP), and Findings. In addition, our staff is fully knowledgeable about all applicable federal, state, and local regulations, as well as being well respected by the various federal, state, and local reviewing agencies. Our work plan follows, detailing the approach to developing, managing, and implementing all actions for the preparation of the CEQA documents. Scope of Work Chambers Group has prepared a scope of work and cost estimate to prepare the CEQA documentation according to all applicable state and local requirements that will be applied to the Proposed CarMax. The appropriate CEQA documentation for the Project will be determined through the preparation of an IS Checklist. As identified in the request for proposal, Chambers Group will: • Assist with determining the level of documentation (e.g., IS) required based on the scope noted previously. • Perform CEQA adequacy review of technical reports provided by the Applicant for soils, drainage, water quality, and site assessment. • Prepare CEQA documentation according to all applicable state and local requirements. • Coordinate and supervise any subconsultant specialists as required. • Coordinate and collaborate with the City staff, various consultants and any state/local agencies as required. • Attend various and public meetings as needed. Chambers Group can commence work on this Project as soon as we receive written notice to proceed (NTP). We will accomplish the scope of work as described below. Task I: Project Initiation Task I A: Initial Meeting and Data Acquisition After receiving NTP, the Chambers Group Project Manager will be prepared to meet with representatives from the City at a virtual Project Initiation/Kick-Off Meeting to discuss the Project description, specific Project issues, upcoming construction schedules and CEQA schedule; as well as receive any pertinent project information reports in addition to the reports identified in the Scope of Work provided by the City and discussed in Task 3. , = CHAMBERS '/Ili' GROUP 3 www.chambersgroupinc.com • Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP Chambers Group staff will survey the Project site and the immediate surrounding area and make a photographic record to document the existing conditions. Chambers Group will review all available Project -related data and reports provided by the City. Chambers Group is not responsible for the accuracy of any existing data not authored by Chambers Group. Following the review of existing data, any gaps in the data and recommendation for correcting the gaps would be discussed with the City. Chambers Group will work closely with the City to determine if additional data must be collected in support of the CEQA document being prepared. Deliverables: Electronic copy of the meeting notes with action items identified from Project Initiation/Kick-Off Meeting and one Data Gap Memorandum if necessary. Task I B: Project Description Chambers Group will develop a comprehensive description for the Project that will form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City. The Project description will include a narrative and graphical presentation of the Project, including components, location and boundaries, regional and vicinity maps, and a statement of the project goals and objectives. Once the Project description has been reviewed and approved by the City the CEQA analysis can be initiated. Deliverables: One electronic Portable Document Format (PDF) copy of the Project description with figures and one electronic copy in Word for City revision and comment. Task 2: Technical Studies Based on the Scope of Work, there are three distinct efforts associated with technical studies. We have separated them into subtasks for CEQA Adequacy Review, Technical Peer Review, and development of Technical Reports. All the subtasks below will supplement the analysis in the CEQA document. The Chambers Group Project Manager will provide supervision of the Subject Matter Experts (SME) review and will examine the documents from the aspect of overall policy considerations, alternatives, and CEQA compliance. Each of the SMEs will perform a detailed technical review of the technical reports that correspond to their area of expertise as identified in the subtasks below. After receipt of the first round of responses to the comments from the authors of the reports, Chambers Group will review the responses and revised technical studies. Once all comments and revisions have been reviewed and accepted, these reports will be considered final and will be incorporated into the CEQA document. Task 2A: CEQA Adequacy Review CEQA adequacy review that are pending submittal by the Applicant of the following reports has been included in this scope: a) Soils Report/Geotechnical Study b) Drainage Study c) Preliminary Water Quality Management Plan d) Phase I Environmental Site Assessment (ESA) The reviews of the reports will be conducted by the Chambers Group in-house experienced CEQA practitioners. The CEQA Technical Reports Adequacy Review will be conducted for the Project to meet the statutory requirements of CEQA. Chambers Group's team is divided into two primary components: overall CEQA adequacy review, and SME review. The Chambers Group team will provide CEQA adequacy review of the documents, and Project Manager Christie Robinson will provide overall CEQA management and supervision of the SME's review and examine the document from the aspect of overall policy considerations, analysis, and CEQA compliance. Chambers Group cultural resources SMEs will perform an adequacy review of their corresponding portion of the CEQA document, and the associated technical studies, to confirm the legal adequacy of the analysis. CHOUPMABERS GR 4 www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP Deliverables: If any of the technical reports are determined inadequate, Chambers Group will provide an adequacy review comment matrix to identify the inadequacies that require further attention to bring a particular document into conformance with CEQA. Task 2B: Technical Peer Review Task 2B. I Air Quality/GHG/Energy/Health Risk Assessment The Air Quality/ GHG/Energy/Health Risk Assessment (HRA) will be peer reviewed by our teaming partner Ldn. The Ldn team will review the proposed development technical energy, HRA and air quality/GHG studies and subsequent emissions documentation. Protocols and procedures utilized in preparation of the study will be verified as defensible and consistent with the regulatory requirements. Verify the methodologies and modeling procedures for the project including the traffic volumes, construction and on -site sources will also be verified. Determination if additional analysis or revisions are required based upon the City, State of California, and federal protocols will be include a Summary of the findings of the peer review analysis in a letter addressing any revisions and any additional analysis that should be incorporated into the study will be provided as a deliverable. Task 2B.2 VMT Screening & Traffic Impact Analysis GTS will conduct a peer review of the VMT and Traffic Impact Study (TIS) of the Proposed Project prepared by the Applicant to ensure that the technical documents are adequate for supporting the analysis, findings, and conclusions of the Traffic/Transportation section of the environmental document. The VMT and TIS will be evaluated in accordance with City guidelines, as well as industry standards. The following scope of work is anticipated to be required for the peer review: • Review the most current project description to fully understand the scope of the Proposed Project and ensure that it is consistent with the project as analyzed in the applicant's VMT and TIS documents. • Peer review the VMT and TIS documents for consistency of the analysis methodology with the City's requirements, including any measures identified in the report to reduce identified traffic impacts. Particular attention will be given to the VMT calculation vis-a-vis the City's guidelines. • Discuss the peer review approach and initial findings with the identified project team or lead agency staff, to ensure that CEQA requirements have been addressed. • Provide a written summary of the peer review of the VMT and TIS documents in the form of a memorandum or comments matrix identifying any shortcomings or flaws and outlining findings, including items needing clarification or recommendations to be addressed by the Project Applicant's traffic consultant. • One round of review of the Applicant's responses to the comments matrix to ensure that comments are addressed. GTS will conduct the peer review in a timely and thorough manner. After the review has been deemed complete and adequate, Chambers Group will incorporate the findings and recommendations of the technical report into the environmental document, and the report will be provided as an appendix to the environmental document. Any measures outlined in the technical report to reduce traffic impacts will be reviewed for their adequacy and ability to reduce identified impacts to a level of less than significant. Deliverables: Memorandum and/or Comments Matrix of the VMT/TIS documents, one round of review of the Applicant's responses to the comments matrix, and Up to three telephone meetings with project team. Task 2B.3 Noise and Vibration The noise and vibration technical report peer review will be completed by Ldn. A review of the proposed Project's technical noise assessment and project -related information will be completed as part of this effort. The task will include verifying modeling input parameters and findings for the construction, operations, and traffic related noise sources. Identification of the relevant revisions required for the operational, construction, off -site and on -site analyses of the noise study. The review will include a determination if additional analysis is required based upon the County requirements and the findings in the technical study. _ CHAMBERS "7• 11‘' GROUP 5 www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP Deliverable: A summary of the findings of the peer review analysis that addresses the revisions and any additional analysis required for completion of the noise study. Task 2C: Technical Reports Task 2C. I Biological Resources Habitat Assessment Survey and Report Prior to commencing the habitat assessment survey for biological resources, Chambers Group will conduct a literature review to determine if there are any existing records of listed and/or special status plant and wildlife species occurring on or in the vicinity of the Project. This task will include a review of the California Department of Fish and Wildlife's (CDFW) California Natural Diversity Database (CNDDB), the California Native Plant Society's Electronic Inventory (CNPSEI), and the United States Fish and Wildlife (USFWS) species occurrence data for relevant information. The United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) soil survey will be reviewed to identify soils that occur within the Project site. In addition, the USFWS National Wetlands Inventory (NWI) maps, Google Earth, and historical aerial photographs of the Project area will be reviewed for hydrological features within the Project site that may fall under the regulatory jurisdiction of the US Army Corps of Engineers (USACE) pursuant to Section 404 of the Clean Water Act, Regional Water Quality Control Board (RWQCB) jurisdiction pursuant to Section 401 of the Clean Water Act, and CDFW jurisdiction pursuant to Section 1602 of the Fish and Game Code. In addition, biological information included in reports previously prepared for this Project or adjacent projects (if available) will be reviewed. After conducting the literature search, biologists will conduct a habitat assessment survey of the Project, including assessor parcel numbers (APNs) 0169-011-38-0000 and 0169-011-39-0000 (approximately 18.56 acres). The biological survey area will include the Project footprint. Inaccessible areas will be surveyed with binoculars. Vegetation communities will be mapped, and qualitatively described. The field survey will focus primarily on determining the presence or potential presence of federal- or state -listed or otherwise special status plant and wildlife species, sensitive habitats, and potential habitat for nesting birds. Photographs will be taken to document the current conditions of the Project site. Plants and wildlife species observed during the survey will be recorded. After completing the biological field survey, Chambers Group will prepare a letter report including the following sections: (a) introduction, (b) proposed project description, (c) methods used to conduct the surveys, (d) results of the existing conditions of biological resources on the site, (e) sensitive species and vegetation communities' discussion, and (f) references cited. The letter report will include current photographs and maps documenting site conditions and the locations of any special status species found present. The report will identify whether any areas on the site are potentially under USACE, RWQCB, and/or California Department of Fish and Game (CDFG) jurisdiction. The report will also address nesting birds covered under the Migratory Bird Treaty Act (MBTA). Deliverables: Email update on survey results, GIS shapefiles for all listed and special status species locations, and draft and final report of findings. The report will contain approximately 20 pages of text and tables and up to eight pages of appendices. The report will include up to four graphics including a vicinity map, biological resources map, and photographs of the site. Plant and wildlife species lists will be included as appendices to the report. One electronic copy of the draft report will be submitted within 3 weeks of completing the survey. Chambers Group will incorporate one round of comments into the final report within 1 week of receiving comments on the draft report. Task 2C.2 Paleontological, Cultural and Tribal Resources Records Search Requests/Literature Review: Chambers Group will conduct an extensive literature review, including a review of the findings of a records search through the California Historical Resources Information System (CHRIS) database at the appropriate Information Center (IC). The records search will be conducted by IC staff and review relevant previously recorded cultural resources and previous investigations completed for the half -mile search radius surrounding the Project site. Information to be reviewed will include location maps for all previously recorded cultural resources, previously conducted investigation boundaries, National Archaeological Database (NADB) citations and copies for associated reports, historic maps, and historic addresses. Chambers Group will also review properties listed on/as the California Points of Historical Interest (CPHI), California Historical Landmarks (CHL), Caltrans Historic Highway :kit; CHAMBERS GROUP 6 www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP Bridge Inventory, California Historical Resources Inventory, local City and county registries of historic properties, the California Register of Historic Resources (CRHR), and the National Register of Historic Places (NRHP). Additional sources of information that may be reviewed include but are not limited to Certified Local Government annual reports and other data, Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) records, the National Register Information System, the on-line database for National Register sites, Calisphere Digital Resources, Online Archive of California, General Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical societies and libraries, as well as inventory files and data on -file with other agencies that control property near the area. The task will also include a search for potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps (i.e., Sanborn Fire Insurance Maps, General Land Office Plat Maps). A paleontological records search will also be completed for the half -mile search radius surrounding the Project site by the relevant Natural History Museum. In addition to the above research, a request that the Native American Heritage Commission (NAHC) will be submitted for a review of their Sacred Land Files (SLF). This search is intended to identify if any resources important to local Native American groups have been recorded within the Project site and surrounding vicinity. The NAHC will provide the results of the SLF search and a list of affiliated tribal representatives to contact for additional information. Chambers Group will provide the results of the NAHC SLF search and list of tribes directly to the City upon receipt and they will also be captured in the associated cultural resources report. Note: This research alone does not satisfy the lead agency's requirements under Assembly Bill 52 (AB 52). It is assumed that the City will be the lead under CEQA and will conduct AB 52 Tribal Consultation. Field Survey: Chambers Group will complete a field survey of the Proposed Project site. If the record search is not received within 8 weeks after submittal of the request, the field survey will be conducted without the record search to maintain the overall schedule. However, once the record search results are received, with any identified cultural resources on the Project site, there could be a need to conduct another site visit that would result in a request for additional budget to complete the task. The cultural resources survey will be conducted in accordance with the professional standards as described by the National Parks Service, Secretary of Interior's Standards and Guidelines, as amended, for Archaeology and Historic Preservation. Chambers Group cultural resources specialist will survey the entire proposed Project site for the presence of: • Prehistoric artifacts (e.g., flaked stone tools), stone milling tools, tool-making debris, • Historic artifacts (e.g., metal, glass, ceramics), • Sediment discoloration (ex. midden, hearth features), • Depressions and other features indicative of the former presence of structures or buildings (e.g., post holes, foundations), • Historic ruins, buildings, structures, and/or objects. Based on available historical records and knowledge from previous surveys in the vicinity this cost estimate assumes that up to one previously undocumented cultural resource may be identified during survey and require in -field, and post -field documentation. Should additional, large, or complex cultural resources be identified, a revised scope of work and cost will be necessary. Cultural Resources Report The Cultural Resources Report will be prepared according to Archaeological Resource Management Report (ARMR) Guidelines and California State Historic Preservation Office (SHPO) Guidelines, detail the methods used, and describe the results of the records search and literature review, survey, and any related recommendations. The report is assumed to contain up to 30 pages of text, graphics, and appendices. It is assumed that cultural resources will be identified during the field survey. These resources will be discussed in the report and documented on State Department of Parks and Recreation (DPR) 523-series forms and included as a confidential appendix. If cultural resources are identified Chambers Group will provide recommendations for inclusion on the CRHR and recommend appropriate mitigation measures, as necessary. The report will also discuss the results of the requested paleontological records ? ' CHAMBERS r/Ili' G 7 www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP search of the Project site, and any related observations from the field survey. These results will be cross-referenced with the publicly available geologic mapping of the region to convey a general understanding of the potential to encounter sensitive geologic units, that may be fossil bearing, underlying the Project site and appropriate next steps to address, if necessary. The results of the NAHC SLF records search will also be detailed in the report. Deliverables: Chambers Group will provide an electronic copy of the draft report to the City for review within 6 weeks after completion of the field survey. This task cost estimate assumes that only one round of consolidated report comments from the City will be received to be incorporated into the final document within 2 weeks after draft review. If additional comments are received, a revised scope of work and cost for additional review may be necessary. Task 3: CEQA Documentation Task 3A: Administrative Draft IS/MND Once the technical reports are under review and the Project description has been approved, Chambers Group will prepare an initial study checklist. The IS/MND will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G. In compliance with CEQA Section 15063, the IS/MND will contain the following, in brief form: • A description of the project, including the location of the project; • An identification of the environmental setting; • An identification of environmental effects by use of a checklist, matrix, or other method, with some evidence to support the entries; and • mitigation measures included in the project to avoid potentially significant effects; if any. The environmental factors outlined in the CEQA checklist include: • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • GHG Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning If one or more significant impacts are identified during the IS process, including the results from the technical studies, CEQA allows the preparation of an MND when those impacts can be mitigated to a less than significant level. Based on coordination with the City and results of the analysis within the IS including the technical studies, Chambers Group will prepare a ND or MND CEQA Documentation for the City. After receipt of one set of integrated comments on the draft IS from the City, Chambers Group will revise the IS accordingly. The process for preparing a ND is the same as a MND with the exception that a MMRP is not required under an ND. Therefore, only the MND process is described below assuming some mitigations may be required for the Proposed Project. For each CEQA environmental checklist discipline item, the existing environmental setting of the Project site and surroundings will be characterized from the existing literature base and a site visit by an environmental analyst. An environmental impacts analysis will be prepared for each checklist entry. Based on CEQA defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. Deliverables: One electronic PDF copy of the Administrative Draft MND for City review. • Mandatory Findings of Significance • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation • Tribal Cultural Resources (TCRs) • Utilities and Service Systems • Wildfire CHAMBERS "/11ks GROUP 8 vvww.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP Task 3B: Public Draft IS/MND and Notice of Intent After receipt of one set of integrated comments on the Administrative Draft MND from the City, Chambers Group will then revise the MND accordingly. Chambers Group will prepare and distribute copies of the Draft MND to the City, State Clearinghouse, and affected public agencies. For submittal to the State Clearinghouse, Chambers Group will draft a Notice of Intent (NOI), Notice of Completion (NOC), Summary Form, and the MND with associated appendices, if any. Chambers Group can submit these electronically on behalf of the City. The City must approve Chambers Group as a submitter on the Office of Planning and Research (OPR) CEQANet Web portal. Chambers Group will prepare the NOI for distribution during the public review to agencies, interested parties, and property owners adjacent to the Project from an approved distribution list confirmed by the City. We assume that the City will provide the list of adjacent property owners to be included in the mailings. To comply with the CEQA guidelines, the City must distribute the NOI through at least one of the following methods: • Publication at least one time in a newspaper of general circulation in the area affected by the Project. • Posting of the notice on -and off -site in the area where the Project is located. • Direct mailing to the owners and occupants of property contiguous to the Project. Chambers Group can coordinate with the City to publish notices to public newspapers, websites, and at the Project site. Deliverables: One electronic PDF copy of the MND with appendices. One electronic copy of the NOC and Summary Form for OPR submittal. One NOI to be filed with the OPR and one to be filed with the County Clerk. Up to 25 NOIs to be sent via regular mail. Task 3C: Response to Comments, MMRP, and NOD Response to Comments. Based upon comments received from public review, responses to the comments will be prepared. A draft of these responses will be provided to the City. Upon receipt of one complete set of comments from the City on the responses, a Final MND will be prepared. This Response to Comment document combined with the Draft MND will constitute the Final MND to be used by the City when considering approval of the project. Deliverables: One electronic PDF copy of the Final Response to Comments for the City. Prepare MMRP. Following preparation of the MND if mitigations are required for the Project, Chambers Group will prepare a Draft MMRP as required by CEQA for review by the City. The Final MMRP incorporating the City's comments will be incorporated into the Final MND. Deliverables: MMRP incorporated into Final MND. Notice of Determination. The Notice of Determination (NOD) is filed following the Planning Commission's decision to carry out or approve the Project for which the MND has been prepared. Chambers Group will prepare the NOD and will file the NOD with the State Clearinghouse and the San Bernardino County Clerk. Deliverables: One Compact Disk (CD) containing an electronic PDF copy of the NOD for the City if requested. One NOD to be filed with the State Clearinghouse and the County Clerk. Up to 25 NODs to be sent via regular mail. One hard copy of the Final Response to Comment document with MND and MMRP. Task 4: Meetings/Public Hearings Chambers Group's Project Manager and/or key technical personnel will attend one project initiation meeting and two progress meetings with the City. We will also attend up to four community meetings or public hearings. We are aware some of the community meetings may not be required but we have included them in the overall budget. Chambers Group will coordinate with the City to plan and present the CEQA document at the community meetings/public hearings. CHAMBERS "Wilk` GROUP 9 www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP Assumptions: • This effort only includes studies identified in the City's scope of work. If any additional technical studies require peer review, an updated scope and cost will be necessary. • One round of review by the City is included in the development of the Project Description. • The cost for Task 2C.1 assumes two biologists surveying the site within 5 hours. If additional time is required, Chambers Group will revise costs accordingly in coordination with the Client. • This cost for Task 2C.1 does not include agency coordination, focused surveys, or formal jurisdictional and/or wetland delineation. If these services are required, Chambers Group would be pleased to provide them as a separate scope and cost. • Chambers Group assumes that, on receipt of the NTP, full access to the Project site will be provided, including keys to locked gates. Should Chambers Group staff be denied access to the property at the time prearranged, the additional costs incurred by our staff will be billed separately on a time -and -materials basis. • The cost and schedule are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by agency coordination needs and other circumstances. Chambers Group will endeavor to perform the services and accomplish the objectives within the costs and schedule; however, if the scope of work or schedule changes, Chambers Group reserves the right to revise our costs accordingly. • GIS data must be submitted in one of the following formats: (1) All ESRI, AutoCAD compatible; (2) AutoCAD (.dwg or .dxf); or (3) Microstation (.dgn). Acceptable image formats include: (1) TIF, (2) JPG (J-Peg), (3) SID (Mr. Sid), and (4) ECW. If data cannot be exported to one of these formats and it is necessary for Chambers Group to translate the file into a different format, the additional time will be billed on a time -and -materials basis. • The Applicant will provide Chambers Group with confirmation on the Project footprint at the time of authorization or NTP. It is assumed that this information will not change once Chambers Group has initiated the tasks above. • All required records searches will be submitted within one week of receipt of NTP. • Fees incurred by the IC and Museum to conduct the record searches, estimated at $1,380, are included as part of this task. We will bill the actual amount these institutions charge without a markup. • Currently, the IC estimates 6 to 8 weeks from the date of request to provide results for a records search. In addition, fees incurred by the relevant Natural History Museum to conduct the paleontological record search are included as part of this estimated cost. Currently, the Museum estimates 2 to 3 weeks from the date of request to provide results for a records search. Currently, the NAHC estimates 6 to 8 weeks from the date of request to provide results for the SLF request. • The City will be leading the required AB 52 Tribal Consultations, including the issuance of Request to Consult Letters under AB 52 to City -listed points of contact to offer receiving tribal groups an opportunity to request consultation. Chambers Group is happy to support AB 52 consultation. If requested to support, a revised scope of work and cost will be necessary. • This task does not currently include the issuance of NAHC Scoping Notification Letters to NAHC-listed points of contact to request information regarding the proposed Project site. These informal evidence gathering letters are not a substitute for government -to -government consultation by the permitting agency. If the SLF search returns positive results and/or the City requests that these notification letters be transmitted, a revised scope of work and cost will be necessary. • The cultural resource field survey assumes that the Applicant will coordinate with the current landowners to grant access to all properties within the Project site requiring survey. If access to restricted parcels is not available at the time of the scheduled survey, subsequent surveys may be required at additional time and costs. • The cultural resource field survey assumes that the survey will be scheduled and conducted within two weeks after receipt of requested records search data. CHAMBERS /1>>` GROUP 10 www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands CHAMBERS GROUP • The cultural resource field survey does not include costs associated with the required presence of a Native American Monitor during survey. Should a Native American Monitor be required during survey of the proposed Project, it is assumed that the Applicant will address any associated costs, or a revised scope of work and cost may be necessary. • The Cultural Resource Field Survey assumes that up to one cultural resource may be encountered during the field survey. Should any cultural resources be identified, this finding will need to be discussed in the report and DPR forms (archaeological site records) will need to be prepared and included as a confidential appendix. If additional, large, or complex cultural resources are identified, and pending approval to record such items is required, a revised scope of work and cost will be necessary. • The Cultural Resources Report does not include cultural resources testing, data recovery, analysis, monitoring, or similar programs. • This scope assumes up to no more than 25 mailings of the NOI via regular mail. • The scope and budget to develop an Environmental Impact Report (EIR) is not included in this proposal. • Fees associated with coordinating and publishing to public newspapers, websites, or posting of a physical notice at the Project will require a change order as these tasks are not included in this scope. • The City will be responsible for Fish and Game filing fees, if necessary. • It is assumed that internal staff meetings, will take no more than 2 hours, and community and public meetings will take no more than 3 hours each. Chambers Group will attend any other additional meetings requested by the Client on a time and materials basis. Costs This work is proposed at a firm fixed cost. These costs are estimates based on our best judgment of the work required to complete the Proposed Project. Chambers Group will not exceed the project limit for the scope defined for the project as a whole; however, tasks cannot be individually limited due to the nature of general estimation inaccuracies. Chambers Group will manage the project cost to total project dollars, and not the task level. PROJECT INITIATION/ IS/MND TASK FEE Task 1A: Initial Meeting and Data Acquisition $3,312 Task 1B: Project Description $5,846 Task 2A: CEQA Adequacy Review $4,108 Task 2B.1 Peer Review - Air Quality/GHG/Energy/Health Risk Assessment $12,643 Task 2B.2 Peer Review - VMT Screening & Traffic Impact Analysis $4,855 Task 2B.3 Peer Review - Noise and Vibration Technical Report $6,437 Task 2C.1 Technical Studies - Biological Resources Habitat Assessment Survey and Report $7,241 Task 2C.2 Technical Studies - Paleontological, Cultural and Tribal Resources $9,340 Task 3A: Administrative Draft IS/MND $13,919 Task 3B: Public Draft IS/MND and NOI $9,442 Task 3C: Response to Comments, Mitigation, Monitoring and Reporting Plan, and NOD $7,869 Task 4: Meetings/Public Hearings $6,844 IS and MND PROJECT COST $91,856 e CHAMBERS ''/11‘‘ GROUP www.chambersgroupinc.com Proposal: Amendment No. 51 to the East Valley Corridor Specific Plan and Commission Review and Approval No. 962 City of Redlands Schedule CHAMBERS GROUP The following schedule is outlined with the assumption that the anticipated services will begin September 2023. PROJECT INITIATION AND IS/MND . NTP 1 Day Kick-Off/Data Collection 1 Week from the NTP Project Description Finalization and City Review 1 Week Conmplete CEQA Adequacy Review, Peer Reviews and Technical Reports 10 Weeks* Prepare Administrative Draft IS/MND 3 Weeks City Review of Draft IS/MND 1 Week Prepare/Distribute the IS/MND with MMRP and Notices 1 Week City Review of Draft IS/MND with MMRP and Notices 1 Week Circulate Public Draft IS/MND 1 Week Public Circulation 30 Days Prepare Written Response to Comments** 1 Week City Review of Response to Comment 1 Week Prepare Hardcopy Response to Comments and MMRP 1 Week NOD 1 Week or less Approximate Total 26 Weeks Estimated Start and End Date: 09/20/23— 03/20/24. *This assumes the cultural record search takes 8 weeks. If the records are received sooner the schedule can be condensed. This also assumes that the project description received at the Kickoff meeting will meet the requirements to provide with the request for cultural record search. If the Project requires AB 52 Consultation, Public Circulation of the draft will occur only after consultation has been concluded. Technical studies will be prepared once Chambers Group receives NTP with the studies from the City. **This condensed schedule of responding to comments assumes minimal comments that are not complex requiring extensive responses. CHAM /i�� GROUP BERS 12 www.chambersgroupinc.com EA-7.2 (12.8.21) EXHIBIT "B" 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. CHE K ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). 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 representation L+ ade in this certificate are true and correct. Chambe By: Mike cE i tee, ''resdent I:\cmo\Agreements\Chambers Group, Inc .FY22-0256.doc-jm 8 Date: