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HomeMy WebLinkAbout14-119 Change Order No. 1 to Professional Services Agreement with ESA to Prepare CEQA ComplianceREPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MAY 13, 2014 SUBJECT: CHANGE ORDER NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOW AS THE TERRACINA SPECIFIC PLAN Recommendation 1. Authorize a Change Order in the amount of $10,000 for the Preparation of CEQA Compliance Documents by Environmental Science Associates (ESA) for the Terracina Specific Plan Project. Background The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in -house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant (Terracing Investors, LLC) through the application fee process. On April 5, 2013, the City entered into a Professional Services Agreement with Environmental Science Associates (ESA) in the amount of $14,995.00 for the completion of appropriate environmental documents for the Terracina Specific Plan project (SP 2012 -01, GPA No. 2012 -03, ZC No. 2012 -05 and VTTM No. 32786). A draft Initial Study and proposed Mitigated Negative Declaration was circulated for public review and comment on or about September 26, 2013. In response to the comments received during the public review period, it is necessary to revise the Initial REPORT TO THE CITY COUNCIL ESA CHANGE ORDER NO. 1 MAY 13, 2014 PAGE 2OF2 Study /Proposed Mitigated Negative Declaration and recirculate the revised document for an additional public review and comment period. This has resulted in an increase in the scope of services and budget that was part of the original professional services agreement with ESA. The proposed Change Order for an additional $10,000 would cover the cost of proceeding with the additional environmental review required for the Terracina Specific Plan project. Fiscal Impact The cost of preparing the environmental review will be paid by fees collected from the developer through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. Prepared by: Richard J. MacHott, LEED Green Associate Planning Manager Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager ►.{iFn. a rT iTaiiI 1. Vicinity Map 2. ESA proposed Change Order No. 1 to Professional Services Agreement dated April 14, 2014. 3. Professional Services Agreement with ESA dated April 5, 2013 VICINITY MAP TERRACINA SPECIFIC PLAN PROJECT CITY OF N LAS IE LSIr� IHOI.I7 w E 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 phone 619.719.4201 fax April 14, 2014 Mr. Kirt Corry City of Lake Elsinore Planning Division 130 South Main Street Lake Elsinore, CA 92530 www.esassoc.com Subject: Change Order No. Ito Professional Services Agreement between City of Lake Elsinore and ESA for SPecific Plan No. 2012 -01- Terracina Dear Kirt: ESA is requesting a Change Order to the Professional Services Agreement between the City of Lake Elsinore and ESA, entered into on April 5, 2013. As you know, there have been changes to the project, in particular, the extension of Terra Cotta Road to Nichols Road, that warrant updates to technical reports and revisions and recirculation of the draft Mitigated Negative Declaration (MND). The following are out -of -scope tasks that will be performed by ESA under this Change Order: • Peer review updated technical reports to be provided by the applicant • Incorporate new graphics and TTM of the Terra Cotta Road alignment from the project site to Nichols Road • Revise project description and applicable resource sections to include information on Terra Cotta Road and any associated impacts • Develop new mitigation measures for greenhouse gas emissions based on previous comment letters • Recirculate the MND for public review ESA estimates that the above tasks can be accomplished for a cost of $10,000. Thank you for your consideration of this request. Sincerely, Eric J. Ruby Senior Vice President C11 (f- LAKE ',LSINOKE ----- -- ���=?' DRr:AM EXTREME April 30, 2013 Mr. Eric Ruby Senior Vice President/Chief Operating Officer ESA Corporate 550 Kearny Street, Suite 800 San Francisco, CA 94108 SUBJECT: Specific Plan No. 2012 -01 - Terracina Dear Mr. Ruby: This letter is to confirm that your company has been approved and authorized to begin environmental work on the above referenced project. Attached is a copy of the signed 'Agreement for Professional Services.' Should you have any questions or need additional information, please do not hesitate to contact me at (951) 674 -3124 ext. 274, or via e -mail at kcoury(d)lake- elsinore.orq. We look forward to working with you and your team on the project. Sincerely, Kirt A. Coury Project Planner 9'ti 1.67431 IN 1305. MAIN $IIII:Iti I.A(I; I %INOR6, CA 92530 WWWIAKI 41 . ti I MOR I .O NG AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement ") is made and entered into as of this 5th day of April, 2013, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Environmental Science Associates ( "Consultant "). RECITALS A. City desires to retain Consultant to perform professional consulting services in connection with the preparation of California Environmental Quality Act (CEQA) compliance documents and Consultant desires to provide such professional consulting services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in the "Scope of Services" attached as Exhibit "A" and incorporated herein by reference. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue during such time as Consultant is performing services pursuant to this Agreement. The term of this Agreement shall not exceed three (3) years. 3. Compensation. Compensation to be paid to Consultant shall not exceed Fourteen Thousand, Nine Hundred and Ninety -Five Dollars ($14,995.00). Compensation shall be in accordance with the Fee Schedule attached to this Agreement as Exhibit "B" and incorporated by reference herein. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall be segregated by project task such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. Expenses shall be reimbursed at cost without an inflator or administrative charge. City staff shall review and approve invoices within 15 days of submittal or advise Consultant as to any disapproval within 15 days of submittal. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At anytime during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means work which is determined by City to be outside of the scope of the Scope of Services attached hereto as Exhibit "A ". Consultant shall not perform Extra Work without written authorization from City. Prof Sew Agreementesa040513 Extra work will be invoiced separately from services performed in accordance with the Scope of Services attached hereto as Exhibit "A ". 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement, but shall not include any license for the City's use of Consultant's proprietary software or other intellectual property ( "Documents & Data "). Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to services provided by Consultant or any publicity pertaining to the Consultant's services Prof Sew Agreementesa040513 2 under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. City hereby gives its permission for Consultant to include the City in Consultant's list of clients and description of services provided on its web site and other similar materials. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in- interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Prof Se" Agreementesa040513 3 Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of Consultant's negligent performance or willful misconduct under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall pruuure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Prof Sew Agreementesa040513 4 Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not Prof Sery Agreementesa040513 5 contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self - Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self - insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Environmental Science Associates Attn: Eric J. Ruby, Senior Vice President 9191 Towne Centre Drive, Suite 340 San Diego, CA 92122 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. Prof Sery Agreementesa040513 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by all parties hereto. In Prof Sery Agreementesa040513 7 approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Aqreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal Grant Yatds, City Manager Prof Sew Agreementesa040513 $ I� "CONSULTANT" Environmental Science Associates, a California corporation By: Eric J. Its: Senior Vice President Prof Sery Agreementesa040513 Exhibit A Scope of Work Terracina Specific Plan Initial Study The following CLQA environmental documentation preparation and compliance scope of work will be completed for the Terracina Specific Plan: Task 1. Technical Study Peer Review ESA will peer- review the entire set of technical studies that are to be prepared by the applicant's consulting team and submitted to the City to ensure that they are acceptable for incorporation into the Initial Study and contain all requisite information for the preparation of a legally adequate CEQA document. ESA is not proposing to prepare any technical environmental, planning or engineering studies for the Terracina project. It is our understanding that the applicant's team will provide the following technical studies for incorporation in the Initial Study: • Air Quality / GHG / Climate Change Assessment • Architecture and Landscape Architecture / Specific Plan • Biological Resources Assessment, including Jurisdictional delineation and MSHCP conformance if required • Cultural Resources Assessment, including Native American evaluation • Geotechnical Evaluation • Hydrology Study • Noise Study • Traffic Study • Visual Simulations, if required • Public Services and Utility Plan, including Water Supply Assessment • Water Quality Managennent Plan A technical memorandum will be prepared following completion of the technical study review outlining and deficiencies. This scope of work does not include any revisions or modification to the above outlined technical studies. Any additional required technical studies not included in the above list will be prepared by the project applicant. Task 2: Initial Study Once the above outlined technical studies and planning documents have been submitted to the City and have been peer- reviewed, ESA will prepare the hnitial Study checklist pursuant to Section 15056 and Appendix G of the CEQA Guidelines and the City of Lake Elsinore CEQA implementation requirements. The Initial Study will contain a comprehensive project description, including site plan and perspective exhibits and will evaluate all of the specific CEQA Guidelines Appendix G environmental factors in sufficient detail to determine the level and severity of impact and any required mitigation measures or modification of project design features. A standard CEQA Guidelines Appendix G checklist format with supporting backup information will be utilized. Once this is completed the city will make the appropriate finding regarding the type of CEQA document to be prepared will be determined. ESA will produce 1.5 copies of the Initial Study and one electronic copy in PDF format. It is our understanding, based on a cursory review of the project, that a Mitigated Negative Declaration (MND) will most likely be the requisite CEQA document that is prepared for the project, although this will ultimately be determined by the Initial Study process and if all project impacts are determined to be less than significant and /or mitigated to less than significant levels. Should any identified project impacts not have the ability to be clearly reduced to less than significant levels, through mitigation measures or project design features, preparation of an Environmental Impact Report (EIR) would be required. An EIR, if required, is not included in this scope of work. Task 3: CEQA Public Notices ESA will prepare all requisite CEQA public notices including the Notice of Intent (NOI) and Notice of Determination (NOD) and will conduct all required mailings, including any required response to the previously initiated the Native American consultation. ESA is not responsible for payment of any California Department of Fish and Wildlife (CDFW) CEQA review fees or any other City of Lake Elsinore CEQA review deposit fees. This scope of work does not include CEQA public notice mailing costs. Task 4: Mitigated Negative Declaration Assuming that all impacts can be reduced to less than significant levels ESA will prepare the Mitigated Negative Declaration for public review. Section 15070 of the CEQA Guidelines states: A public agency shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when: (a) The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or (b) The initial study identifies potentially significant effects, but: (1) Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment. MNDs require a minimum of a 20 day public review period (30 days if a state agency is a responsible or trustee agency), and any comments (up to 10 comment letters) received that require a response will be responded to by ESA on behalf of the city. This scope of work includes ESA will prepare 15 hard copies of the MND and I electronic copy in PDF format Task 5: Mitigation Monitoring and Reporting Program (MMRP) ESA will prepare a Mitigation Monitoring and Reporting Program (MMRP) prior to the Planning Commission public hearing to be adopted along with MD by the Planning Commission and City Council. The MMRP will outline any mitigation requirements including specific mitigation measure details, timing and completion dates. ESA will prepare 15 hard copies of the MMRP and one electronic copy in PDF format. Task G: Meetings and Public Iiearings ESA will attend project meetings with the City of Lake Elsinore Planning Department, the applicant's project team and public hearings with the Planning Commission and City Council as directed by the City of Lake Elsinore. Meetings and public hearings will be attended on a time and materials, as required These meetings may include, but will not exceed: two (2) meetings with the City of Lake Elsinore Planning Department, one (1) meetings with the applicant's consulting team and one (1)public hearing each with the Planning Commission and City Council. Additional meetings will be attended on a time and materials basis, following authorization from the City of Lake Elsinore. Exhibit 13 Cost Estimate Terracina Specific Plan The scope of work contained in Exhibit A will be completed for $14,995 on a time and materials, not to exceed basis. Meetings and public hearings will be attended as required by the City of Lake Elsinore. The following outlines the task/cost breakdown: Task Cost • Task 1 Technical Study Peer Review $ 1,250 • Task 2 — hiitial Study $ 6,395 • Task 3 — CEQA Public Notices $ 750 • Task 4 — Mitigated Negative Declaration $ 750 • Task 5 — Mitigation Monitoring and Reporting Program $ 1,850 • Task 6 — Meetings and Public Hearings $ 3,250 Reimbursables 750 Total Cost $14,995 All costs will be invoiced monthly on a time and material, not to exceed basis, pursuant to ESAs' standard rate schedule.