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HomeMy WebLinkAboutContracts & Agreements_197A-2023THIRD AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This third amendment ("Third Amendment") to the agreement for professional environmental consulting services ("Agreement"), dated December 7, 2021, by and between the City of Redlands, a municipal corporation, and a general law city ("City"), and Lilburn Corporation, a California corporation ("Consultant"), is made and entered into this 18th day of October 2023. RECITALS WHEREAS, the Parties entered into a Professional Services Agreement ("Agreement") on December 7, 2021, to provide professional environmental consulting services, with the Agreement expiring on December 31, 2023; and WHEREAS, the Parties entered into a First Amendment to the Agreement ("First Amendment") on July 7, 2022; and WHEREAS, the Parties entered into a Second Amendment to the Agreement ("Second Amendment") on July 1, 2023; and WHEREAS, it is the desire of the Parties to amend their existing Agreement, specifically to update the total compensation to consultant, scope of services, and project costs of the Agreement. NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows: AGREEMENT Section 1. Article 5 of the Agreement, entitled "Payments to Consultant," is hereby amended to read as follows: "5.1 Total compensation for Consultant's performance of the Services shall not exceed the amount of thirty-eight thousand one -hundred sixty-five dollars ($38,165). City shall pay Consultant on a time and materials basis up to the not -to -exceed amount in accordance with Exhibit "B" entitled Project Costs and Hourly Rates" attached hereto and incorporated herein by reference." Section 2. Exhibit "A" entitled "Scope of Services" and as described in Article 2.1 and made part of the First Amendment is hereby replaced with a new Exhibit "A", which is attached hereto and incorporated herein and into the Agreement by this reference. Section 3. Exhibit `B" entitled "Project Costs and Hourly Rates" and as described in Article 5.1 and made part of the Agreement is hereby replaced with a new Exhibit `B", which is attached hereto and incorporated herein and into the Agreement by this reference. 1 I:\cmo\Agreeements\Lilbum Comomtion Third Amendment FY22-0278.docx-ms Section 4. All other provisions of the Agreement and the Second Amendment shall remain unchanged by this Third Amendment and in effect. Section 5. 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. IN WITNESS WHEREOF, the parties have executed this Third Amendment, to be effective as of October 18, 2023. CITY OF &F•DLANDS rL 4Crles M. Duggan, Jr., City Manager ATTEST: nlne Donaldson, City Clerk LILBURN CORPORATION By: 2 1:1cmolAgreements1Li16um Corporation Third Amendment FY22-0278.docx-ms l� Cheryl A bbs, Vice President Exhibit "A" Scope of Services IApproach and Methodology The City of Redlands is requesting the services of an environmental consulting firm to prepare and process a California Environmental Quality Act (CEQA) document for a proposed residential development in the eastern portion of the City. Our methodology for preparation of the CEQA Initial Study, public review noticing, and presence at public hearings, as requested in the City's Scope Request is described herein. Our scope of work will lead to the City's adoption of a CEQA document that will provide for future development of the project. The City currently expects that the proposed project would comply with CEQA with preparation of an Initial Study/Mitigated Negative Declaration. Our overall approach is summarized below. Following this summary, the tasks required are described in detail. ❑ Meet with City and Applicant to Review Proposed Project ❑ Prepare a Comprehensive Project Description for use in the Initial Study ❑ Review Applicant's Technical Studies for Biological and Cultural Resources, and Traffic Impacts ❑ Prepare Draft Initial Study and Mitigation Monitoring and Reporting Program (MMRP) o Finalize Initial Study and MMRP o Prepare required CEQA notices including Notice of Intent (NOI), Notice of Completion (NOC) and SCH Summary Form ❑ Submit Notices to State Clearinghouse electronically and produce and Circulate Initial Study as directed by City o Review and Discuss Comments Received on Document; prepare or assist City staff with Responses ❑ Prepare Mitigated Negative Declaration for City adoption ❑ Meet with City staff prior to public hearing(s) o Attend up to four public hearings to support City staff o File Notice of Determination (NOD) with the San Bernardino County Clerk of the Board ❑ Provide monthly progress reports and invoices TASK 1: MEET WITH PROJECT APPLICANT AND CITY; REVIEW PROPOSED PROJECT AND OBJECTIVES The purpose of this task is to collect and review all pertinent background data necessary to conduct the environmental analysis. It will be necessary to obtain sufficient design detail and site disturbance information to conduct an adequate environmental evaluation. We will review the Site Plan, Grading Plan, and Landscape Plan, as well as the project objectives. Any focused technical 3 1:\Gino \Agreements\Lilburn Corpomtion Third Amendment FY22-0278,docx-ms studies provided to the City by the Applicant will be obtained during the meeting for incorporation into the Initial Study. TASK 2: DEVELOP PROJECT DESCRIPTION In this task we will prepare a CEQA Project Description for use in the Initial Study and for reviewing and preparing the technical reports. The Project Description will be developed in cooperation with City staff and the Applicant. The Project Description will include a summary of the project as proposed, a discussion of the existing conditions of the site and vicinity, a discussion of the site plans, and graphics. The graphics prepared for use in the Initial Study will be based in part on exhibits prepared to date by the project designers and engineers. Lilburn Corporation will review the Applicant's architectural renderings for adequacy in portraying changes in the visual character of the site. We will photograph the site to document surrounding land uses and current site conditions. Final approval of the Project Description will be provided by the City. TASK 3: PEER REVIEW FOCUSED STUDIES The City of Redlands will provide Lilburn Corporation with three technical studies that will be prepared by the Applicant. Our subconsultants will provide a peer review of those studies. Lilburn Corporation will provide the City with peer review memos summarizing results of the reviews for each of the studies. We have included sub consulting firms that are authorized by the City to prepare focused studies; 1) ELMT Consulting, hie. for biological resources surveys, trapping, and habitat assessments; 2) Brian F. Smith for cultural resources; and 3) Ganddini Group, Inc. for traffic. TASK 4: PREPARE INITIAL STUDY & MMRP Based on the findings of the technical studies prepared and reviewed, and the information contained in the Project Description, we will prepare an Administrative Draft Initial Study to evaluate all potential environmental impacts associated with the proposed project. We will utilize the City's current format for an Initial Study. The Initial Study will include mitigation measures for any identified significant or potentially significant impacts, and supporting documentation as required. We will incorporate relevant and available information from the site visit and the technical studies. Revisions to the Site Plan received after this work is initiated may result in changes/updates being required for the IS. The August 2023 update to the Site Plan resulted in a change to the lettered lots, sizes and quantity. In addition to the Project Description the Air Quality and Greenhouse Gas sections of the IS will need to be updated. Lilburn Corporation will update the completed Air Quality/Greenhouse Gas Analysis that was based on the Ca1EEMod v. 2020, using the most recent version, which is 2022 and incorporating an updated construction schedule. Lilburn Corporation will address all CEQA and City -required environmental resource areas. We will summarize and incorporate the findings of all technical studies provided to us. We will assist Planning staff with identifying and/or refining any necessary mitigation measures that would result from the City's consultation with local Native American Tribes. Mitigation measures would be incorporated as necessary into the Initial Study to address potential impacts during the Project's construction phase. 4 I:\cmo\Agreements\Lilburn Corporation Third Amendment FY22-0278.docx-ms Lilburn Corporation will submit the Administrative Initial Study electronically for the City's review. The City will then provide comments/revisions to Lilburn Corporation. Following completion of the review by staff, we will revise the document as necessary and prepare a final draft Initial Study. We will also prepare a Mitigation Monitoring and Reporting Program (MMRP) to include mitigation measures identified. The MMRP will be circulated as part of the Initial Study. The City may conduct a final review before determining the document is ready to release for public review. Notices and Circulation: Upon approval of the Initial Study, Lilburn Corporation will prepare notices for the City to conduct a 30-day public review. Our cost estimate includes the preparation of the Notice of Completion and Notice of Intent. We will also be responsible for circulating the document electronically to the State Clearinghouse along with the Summary Form for Electronic Submittal, and to responsible and trustee agencies, and other interested agencies/parties including Tribal Governments. The City will prepare and publish the legal notice in the Redlands Daily Facts (or other newspaper of general circulation). We will also prepare a Notice of Availability (NOA) for the City's distribution as required. TASK 5: FINAL DOCUMENTS Upon completion of the public review process, we will discuss any comments received with City staff and determine appropriate responses and prepare letters for the City to submit to the commenters. Lilburn Corporation would discuss with the City any substantive changes that should be made to the project or the Initial Study as a result of the comments received. We will also update the MMRP as necessary in consideration of any public input that results in City changes to mitigation measures. Lilburn Corporation will prepare the Notice of Determination (NOD) and upon City approval, we will file the notice, if requested with the County Clerk of the Board. The Applicant will provide a check for the applicable NOD filing fees. TASK 6: PROJECT MANAGEMENT & MEETINGS Throughout the project, coordination with the City will be regularly initiated to discuss results of analyses, obtain additional information as necessary, resolve any contract administration issues, and provide schedule updates. We will attend a kick-off meeting and will participate in regular conference calls if directed. Lilburn Corporation will attend a staff meeting to discuss the final CEQA document and findings prior to public hearings that will be scheduled with the Planning Commission (PC) and possibly City Council. Our Fee Proposal includes attendance at up to four public hearings. 5 C\cmo\Agreements\Lilburn Corporation Third Amendment FY22-0278.docx-ms Exhibit "B" Project Costs and Hourly Rates Cost Estimate for Environmental Consulting Services Initial Study for TTM No. 20402 City of Redlands COST CATEGORY Principal, Project Dieetar TASKS Task 1: Site Visit, Kick-off Mfg w/ City & Applicant Project Manager Slg0tn. Sr. Emaon. Analyst $18MMIr. LABOR Env mt. Analyst 4984r 3 Docun ent Manager St23rlr Hems 7 Costa $1,059 Subconsufanta Other Dkect Cots (.ane dwatl 3) 523 $1.082 Task 2: CHQAProject Description 1 2 4 $683 $683 Task 3: Pea Review Technical Shidies 2 $450 $5,900 $6,350 Task 4: Initial Study & Notices for Public Review 24 21 105 4 157 $19,557 $2,300 $21,857 Task 5: Final Docnments7AMAMRP/NOD 6 10 4 21 $2.777 $2,777 Task 6: Project Mgmt., Staf£Mte Public Hauings (4) )TAL TASKS ` j 4 24 2 I' 30 $5.416 529,942 $8,223 $5,416 $38,165 a Subconsultants a Includes SBK11 Protocol Trapping 6 I:\coo\Agreements\Lilburn Corporation Third Amendment FY22-0278.docx-ms 10/8/2021 Updatel0/12/23