HomeMy WebLinkAboutID# 14-593 T&B Professional Services Agreement Nichols Mine ExpansionREPORT TO CITY COUNCIL
TO: Honorable Mayor and
Members of the City Council
FROM: Grant Yates
City Manager
DATE: May 26, 2015
SUBJECT: Professional Services Agreement with T & B Planning for the
Preparation of CEQA Compliance Documents for the Nichols
Mine Expansion
Recommendation
Authorize the City Manager to enter into a Professional Services Agreement with T &B
Planning to prepare California Environmental Quality Act (CEQA) compliance
documents (Nichols Mine Expansion Project) in an amount not to exceed $144,890 in
substantially the form attached and in such final form as approved by the City Attorney.
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 (Eric Werner, Nichols Road Partner LLC) through the application fee process.
Discussion
The applicant has applied for an amendment to the previously approved Surface Mining
and Reclamation Plan (RP 2006 -01). The full measure of the proposed amendment is
not known at this time due to the significant amount of preparatory work needed to
analyze the environmental impacts associated with any modifications to the mining
operations. In order to fully address and analyze any potential impacts, the City will
need to employ a consultant to facilitate the preparation of the various technical studies
that will be subsequently used in the Consultant's preparation of the necessary CEQA
documents. Typically these services are deferred until later in the entitlement process,
however due to the substantial nature of the studies being prepared and length of
CITY COUNCIL STAFF REPORT
Professional Service with T &B Planning
May 26, 2015
Page 2 of 2
review, it was determined necessary to employ a consultant earlier than normal to
manage the review process. T &B Planning was determined to be the most appropriate
consulting firm as they are included on the City's CEQA Consultant Master List and
have provided previous consulting services for the most recent previous entitlements on
the subject site.
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. No General Fund budgets will be
allocated or used for the completion of the CEQA documents for the Nichols Mine
Expansion project.
Prepared by: Justin Kirk
Senior Planner
Reviewed by: Richard MacHott, LEED Green Associate
Planning Manager
Grant Taylor
Community Development Director
Approved by: Grant Yates
City Manager
Attachment:
1. Professional Services Contract with T &B Planning
AGREEMENT FOR PROFESSIONAL SERVICES
T &B Planning
Nichols Mine Expansion
This Agreement for Professional Services (the "Agreement ") is made and entered into as
of May 12, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and
T &B Planning, California corporation ( "Consultant ").
RECITALS
A. The City has determined that it requires the following professional services: CEQA
consulting services for the Nichols Mine Expansion project.
B. Consultant has submitted to City a proposal, dated March 18, 2015, attached
hereto as Exhibit A ( "Consultant's Proposal ") and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
2, Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant's Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
Nichols Mine Expansion CEQA Consultant Page 1
Attachment ]
C. Term.
The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant's Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant's compensation exceed one
hundred forty four thousand eight hundred ninety dollars ($144,890) without additional written
authorization from the City. Notwithstanding any provision of Consultant's Proposal to the
contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor'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. City shall pay Contractor no later
than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Reserved.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
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, except working notepad internal documents, 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,
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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. Licensinq 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 ( "Documents & Data "). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. 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 ideas, 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 project for which Consultant's services are
rendered, or any publicity pertaining to the Consultant's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
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
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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.
10, PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and /or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
11. 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.
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).)
12. 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
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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.
13. 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.
14. 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. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnitv. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
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 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
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officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his /her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
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. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "), No endorsement may
be attached limiting the coverage.
V. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant's
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant's services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims -made annual aggregate basis, or a 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 insured 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 contribute with it.
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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.
V. 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.
17. 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
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: T &B Planning
Attn: Joel Morse
17542 East 17th Street
Tustin, CA 92780
18. 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.
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19. 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.
20. Reserved.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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 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.
26. 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 both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27. Authority to Enter Agreement. 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. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement.
28. 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
i
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.
29. 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.
30. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, at seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non - payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
31. 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 both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
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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
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Consultant's Proposal
"CONSULTANT"
T &B Planning, California corporation
By: Joel Morse
Its: President
Page 10
MUM IM-1
CONSULTANT'S PROPOSAL
[ATTACHED]
MUMNOWN,
Tustin, CA I San Diego, C:A I Murrysville, PA JN:996 -Dot
J
P L A N N I N G 175$2 F.ase 1711, Seecay Suite 100 Tus cin, CA 92730 p714.505.63 C.0 }774. ?05.63(1
March 18, 2015 (Revised May 4, 2015)
Justin Kirk
City of Lake Elsinore Planning Division
130 South Main Street
Lake Elsinore, CA 92530
RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE NICHOLS MINE EXPANSION PROJECT, LOCATED IN THE
CITY OF LAKE ELSINORE, CALIFORNIA
Dear Mr. Kirk:
T &B Planning, Inc. (dba T &B Planning) is pleased to present this proposal to provide professional California
Environmental Quality Act (CEQA) consulting services for the proposed expansion of the Nichols Mine in the City
of Lake Elsinore. We look forward to the opportunity to serve as the City's third -party CEQA consultant for the
property's entitlement efforts.
We understand that the proposed project seeks to expand the approved mining limits to the east, which would
increase the site's mining footprint by approximately 26 acres. Additionally, based on historic mining data and
proposed annual tonnage limits, the project would result in an increase of approximately 400,000 tons per year.
We anticipate that this project will require an Environmental Impact Report (EIR) to sufficiently comply with
CEQA; therefore, this proposal provides a work program and budget for the preparation of an FIR and associated
CEQA compliance notices in accordance with City of Lake Elsinore requirements.
T &B Planning has been in business since 1974 and has proudly served many public and private sector clients over
our 40 -year history. We have extensive experience preparing CEQA documents that are comprehensive and
legally defensible. The enclosed proposal consists of the following exhibits, which concisely set forth our scope
of work and project budget for completing services in a timely and efficient manner.
• INTENDED APPROACH - EXHIBIT A • HOURLY RATES AND BILLING POLICY - EXHIBIT C
• PROJECT BUDGET - EXHIBIT B • AUTHORIZATION FORM - EXHIBIT D
The business philosophy at T &B Planning is for our Principals and Senior Managers to be directly involved in
project management. For this project, I will be Principal -in- Charge. Jerrica Harding, AICP, Senior Project
Manager, will serve as the primary author of the EIR. We will be supported as needed by our in -house staff of
environmental analysts, graphics specialists, and technical writers.
Thank you for the opportunity to work on this exciting project. If you have questions or require any clarification
pertaining to this proposal, please contact me at (714) 505 -6360 x. 105 or by e -mail at Imorse@tbplanninQ.com.
Sincerely,
T &B Planning, Inc.
J_ A° --
Joel Morse
President
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PLANNING I DESIGN ( ENVIRONMEN'T'AL I GRAPHICS
Exhibit A
Nichols Mine Expansion EIR Proposal
Exhibit A: Scope of Work
Proiect Understanding
Based on the information provided to us by NICHOLS ROAD PARTNERS, LLC (herein, "Project Applicant "), it is our
understanding that the Project Applicant is seeking to expand the approved mining limits of Nichols Mine to the
east by approximately 26 acres. Based on CEQA requirements to evaluate permit revisions for on -going
operations against historic baseline conditions, the project's historic annual aggregate production tonnage
provided by the Project Applicant (approximately 600,000 tons per year), and the proposed annual tonnage limit
(1,000,000 tons per year), the total increase in annual tonnage would comprise approximately 400,000 tons per
year. Additionally, based on information from the Project Applicant, an assumption of 10,000 tons per day
represents a reasonable high -end estimate for daily tonnage, which would result in a maximum increase in daily
project operations of approximately 4,000 tons per day. Based on these considerations, as well as the project's
high visibility, this proposal anticipates that the City of Lake Elsinore (herein, "City') will require the preparation
an Environmental Impact Report (EIR) for this project.
It is also our understanding that all technical studies that may be required in support of the EIR will be provided
or commissioned by the Project Applicant. Reports that will be required in support of the EIR include, but are not
necessarily limited to, the following: air quality impact analysis (including health risk assessment), biological
resources technical report, cultural resources (archaeology/ paleontology), geology /soils /slope stability analysis,
greenhouse gas emissions analysis, hydrology /water quality studies, noise impact analysis, and traffic impact
analysis.
Scope of Work
Provided below is T &B Planning's proposed work program and budget for completing the required EIR and
associated CEQA notices and findings for the Nichols Mine Expansion project. It is expected that a project -level
EIR is the appropriate CEQA document for the proposed project. A revised proposal may need to be prepared if
the City directs the preparation of a different form of CEQA compliance documentation, such as a mitigated
negative declaration (MND). Please note that the SCOPE of WORK described below will likely not be undertaken
chronologically as presented. To expedite the process, there may be overlap on the timing of each task.
PHASE 1 ENVIRONMENTAL SCOPING
Task 1.1 Prepare Proiect Description
Prior to initiating any substantive work, T &B Planning will work with the City and the Project Applicant (as
necessary and appropriate) to prepare a formal Project Description that will be used throughout the CEQA
compliance process. We expect that the City or the Project Applicant will provide a list of all permits and
approvals and a complete description of all of the design and operational characteristics that will be required for
the project. It is also anticipated that a majority of the exhibits will be taken from the Project Applicant's
application materials and will require minimal graphic manipulation by T &B Planning for legibility. Because the
Project Description will form the basis for analysis within the CEQA document and technical studies, it is critical
that an accurate description of all project elements be prepared, including activities that will occur upon
completion of mining activities (i.e., pursuant to the site's reclamation plan), if any such end uses are reasonably
foreseeable.
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T &B Planning, Inc.
.I
Nichols Mine Expansion EIR Proposal
Exhibit A: Scope of Work
Task 1.2 Prepare Initial Studv and Notice of Preparation
Based on the completion of the project description prepared pursuant to Task 1.1, T &B Planning will prepare an
Initial Study (IS). The Initial Study will:
• include a detailed description of the various elements of the proposed project;
• identify the City of Lake Elsinore as the Lead Agency and provide contact information;
• indicate the location of the project area and generally describe the existing zoning and General Plan
land use designations in the area;
• provide a description of existing conditions and surrounding land uses;
• disclose any other public agencies that must also approve the proposed project;
• identify the environmental factors potentially affected;
• include the completed Environmental Checklist; and
• include the determination of the Initial Study /Environmental Checklist.
The Environmental Checklist and Responses to Environmental Checklist also will be completed as part of this
task. Each of the environmental issue areas contained within the Environmental Checklist will be evaluated and
assigned a significance rating of "No Impact," "Less than Significant Impact," "Less than Significant Impact with
Mitigation," or "Potentially Significant Impact." If substantive evidence cannot be provided in the Initial Study to
support a conclusion of "No Impact" or "Less than Significant Impact" for a particular environmental topic, that
topic will be further evaluated in the EIR.
T &B Planning will submit an administrative draft of the Initial Study to the City and Project Applicant for review,
along with a draft Notice of Preparation (NOP). Subsequent to review by the City and the Project Applicant, T &B
Planning will revise the Initial Study to address the comments received and submit a revised version to the City
staff to clear the IS /NOP for public review and distribution. This proposal anticipates that there will be one
round of City review and that requested revisions, if any, would be minor in nature.
Following City release of the IS /NOP for public review, T &B Planning will compile a distribution list comprising
Responsible Agencies, Trustee Agencies, and surrounding property owners. We expect that the Project:
Applicant's Title Company will provide mailing labels for property owners within the City's required notification
radius, and that City staff will provide their standard public agency notification list as a basis from which to
compile the NOP's distribution mailing list. As part of this task, T &13 Planning will conduct the NOP distribution
by certified mail. Printing and certified mailing expenses (postage and envelopes) are not included in the budget
for this task, and will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our
HOURLY RATES AND BILLING POLICY (EXHIBIT Q.
PHASE 2 PREPARE DRAFT EIR AND DISTRIBUTE FOR PUBLIC REVIEW
Task 2.1 Evaluate NOP Comment Letters
During the 30 -day public review period of the NOP, T &B Planning will periodically contact City staff and request
that they forward copies of the public comment letters to T &B Planning as they are received. We also will
request a complete set of original letters at the close of the public comment period. T &B Planning will review
each comment letter to evaluate whether the comments warrant an expansion to the scope of analysis in the
EIR. If we identify comments requiring an expanded scope of analysis, we will immediately evaluate our scope
of work and budget and notify the City. For purposes of budgeting for this task, it is expected that the project
would result in a moderate number of comment letters, not to exceed 15 individual comment letters.
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T &B Planning, Inc.
Nichols Mine Expansion EIR Proposal
Exhibit A: Scope of Work
Task 2.2 Prepare Administrative Draft EIR
I
T &R Planning will commence with preparation of the Administrative Draft EIR immediately following completion
of the Project Description (Task 1.1) and distribution of the IS /NOP for public review (Task 1.2). We will focus
first on preparing the EIR sections that are not reliant on technical studies, as it is anticipated that many of the
studies will still be under preparation. This proposal anticipates that any technical studies needed to prepare
the FIR will be contracted directly by the Project Applicant. Following completion of the technical studies, T &R
Planning will complete the Administrative Draft EIR in accordance with State and City Guidelines, The EIR will
generally include the following sections:
Executive Summary. This introductory section will provide a synopsis of each project component; a
summary of the project alternatives, including an identification of the "Environmentally Superior
Alternative "; and a brief discussion of areas of controversy and issues to be resolved by the decision - making
body. The Executive Summary also will include Mitigation Monitoring and Reporting Program (MMRP) to be
prepared as part of Task 2.4. In the interest of efficiency, the MMRP will not be prepared until after the
City's review of the First Administrative Draft EIR.
Introduction. The Introduction will explain the purpose of the FIR, the legal authority for preparation of the
EIR, and the EIR process. Relationship to the City's General Plan and General Plan EIR also will be disclosed.
Additionally, this section will identify other applicable planning documents that apply to the project area. In
addition, the Introduction will identify the Lead Agency (City of Lake Elsinore), Responsible Agencies, and /or
Trustee Agencies. The relationship of each component of the project to future project approvals and /or
environmental permits also will be described.
Environmental Setting. The Environmental Setting will describe the project's location, geographic and
physical setting, surrounding land uses, and the physical environmental conditions of the property as they
existed on the date of the EIR's IS /NOP issuance. A brief overview of the environmental conditions of the
project area also will be provided. This section will emphasize unique or rare resources within the project
vicinity that could be impacted by the project. In addition, a summary of the existing planning and policy
context will be presented, including the property's relationship to the General Plan, zoning, and other
applicable regional plans and policy documents.
Project Description. The Project Description, which will be based on the Project Description prepared as
part of Task 1.1, will be used as the basis for the impact analysis throughout the EIR. This section will include
a brief description of the project's location and setting. This section also will identify the project's
objectives, which will form the basis for subsequent analysis of project alternatives. In addition, an
extensive description of the project will be included, which will consist of a summary of actions that may be
associated with project implementation. Any areas anticipated to be impacted by off -site improvements
also will be described in this section. Finally, the Project Description will document any and all anticipated
subsequent approvals, including approvals that may be required from federal, state, and /or local agencies.
Exhibits will be included in this section as necessary to describe the project proposal.
Environmental Analysis. The Environmental Analysis section will address each environmental issue
identified by the Initial Study for evaluation in the following general manner. The existing
conditions /environmental setting as it relates specifically to the environmental topic under evaluation will
be described to establish a baseline for conducting the environmental analysis. As necessary and
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T &B Planning, Inc.
Nichols Mine Expansion FIR Proposal
Exhibit A: Scone of Work
q
appropriate, a description of key terminology and concepts associated with the environmental issue area
will be presented, followed by a discussion of any regulatory requirements that may apply. Next, the
significance criteria will be listed and will be accompanied by a justification as to the appropriateness of the
criteria selected for evaluation. An analysis will then be presented for each significance criteria, and the
analysis will provide a clear description and conclusion as to the level of significance of project impacts, prior
to mitigation.
The analysis will include a discussion of potential direct, indirect, and cumulative impacts of the project, as
well as a discussion of potential growth inducing impacts. T &B Planning will work with City and County staff
and the project's traffic consultant to identify surrounding projects to be included in the cumulative impacts
analysis. For each significant impact identified, feasible and enforceable mitigation measures will be
presented. Finally, each chapter in this section will provide a conclusion as to the level of significance
following implementation of recommended mitigation measures.
Based on our preliminary knowledge of the project and our suggested approach for completing the
environmental documentation, this proposal anticipates that the following environmental issue areas will be
addressed in the EIR.
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology /Water Quality
• Land Use and Planning
• Noise
• Transportation /Traffic
• Utility and Service Systems
• Mandatory Findings of Significance
Our approach is to include an analysis of each topic unless it was clearly demonstrated by the Initial Study
that there will be no impact or a less than significant impact without the need for mitigation.
Mandatory CEQA Topics. The FIR will summarize unavoidable impacts of the project and will identify
whether or not the impacts will be mitigated to below a level of significance. The FIR also will disclose
significant irreversible environmental changes which would be involved in the proposed action should it be
implemented. A discussion of Growth Inducement will focus on elements of the proposed project which
could remove obstacles to growth in the area such as expanded water and sewer service capabilities and the
provision of improved roadway connections. A discussion of Energy Conservation will describe how the
project would not result in a wasteful use of energy. Lastly, this section will disclose effects that were found
not to be significant during EIR scoping process and that do not warrant an in -depth analysis in the EIR (e.g.,
Agriculture and Forest Resources, Mineral Resources, Population and Housing, Public Services, and
Recreation).
Project Alternatives. The Project Alternatives section will be based on a description of reasonable project
alternatives defined in consultation with City staff and the Project Applicant. Each alternative identified in
this section will be intended to meet the project's primary objectives while minimizing or eliminating
significant environmental effects associated with the proposed project. For purposes of budgeting for this
task, it is anticipated that no more than three (3) alternatives will be presented in the EIR, including the No
Project Alternative. If exhibits illustrating the alternatives are required, we expect that the exhibits will be
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T &B Planning, Inc.
Nichols Mine Expansion FIR Proposal
Exhibit A: Intended Approach
provided by the Project: Applicant's engineer at a level of detail that facilitates their analysis as required under
CEQA. T &B Planning also can prepare the illustrations, although not budgeted at this time.
Individuals and Agencies Consulted. This required section will identify all persons contacted in order to
prepare the EIR.
References. This required section will identify all reference sources used and persons contacted in order to
prepare the EIR.
Upon completion of the Administrative Draft EIR, the Administrative Draft FIR and its supporting technical
reports will be submitted to the City and the Project Applicant for review and comment.
Task 2.3 Prepare 2 "d and 3rd Administrative Draft EIRs
Based on comments received on the First Administrative Draft FIR document, T &B Planning will revise the EIR
document to respond to comments, questions, and requests for clarification. This proposal anticipates that
comments will be moderate in scope and complexity. All document revisions will be indicated in
stFikesut /underline format based on comments provided. For the purpose of creating a budget for this task, we
expect that the City will not require substantial changes to the Project Description or to any of the technical
reports prepared in support of the EIR.
Upon completion of the Second Administrative Draft FIR, the EIR document and its supporting technical reports
will be submitted to the City and Project Applicant for additional review. The budget for this task anticipates that
only minor document revisions will be requested from the City and Project Applicant following submittal of the
Second Administrative Draft EIR document, which will be incorporated as part of the Third Administrative Draft
EIR document. However, if any substantive issues remain, T &B Planning will arrange a meeting with City staff to
discuss the comments and recommend appropriate ways to address remaining concerns. Following City review
of the Third Administrative Draft EIR document, it is expected that the City would clear the EIR for public review.
Task 2.4 Prepare Mitigation Monitoring and Reporting Program
T &B Planning will prepare a stand -alone Mitigation Monitoring and Reporting Program (MMRP) in accordance
with State law and City requirements to ensure implementation of mitigation measures, standard conditions,
and project design features assumed In the EIR's analysis of impacts. The table will identify the conclusions
drawn by the EIR, identify the level of impact significance for each significance threshold, and list every project
requirement and mitigation measure listed in the body of the EIR, with the implementation timing and
responsible parties noted. The MMRP will be provided as part of the Second Administrative Draft EIR. T &B
Planning staff is experienced in preparing practical, easily - implemented mitigation monitoring plans for a wide
range of mitigation requirements. This proposal includes one round of moderate revisions to the MMRP in
� ;# keaut /underline format based on comments provided by City staff.
Task 2.5 Prepare Notice of Completion and Public Review Draft EIR
Upon receiving City authorization to publish the Draft FIR, T &B Planning will prepare and print for public
distribution the Draft EIR and its Technical Appendices per City direction and State requirements. The budget
for this task includes distribution of the Draft FIR and Technical Appendices primarily in PDF format, burned to
CDs with a custom - designed label. A small number of hard copies will be required for the City's internal needs
and for distribution to agencies that require paper copies. Expenses associated with printing the Public Review
Page 6
T &B Planning, Inc.
Nichols Mine Expansion EIR Proposal j a'
Pq
Exhibit A: Intended Approach ,t „, J
Draft EIR are not included in the budget for Task 2.5, and will instead be billed as reimbursable expenses against
the budget for Task 5.1, in accordance with our HouRtvRATESAND BILLINGPOLICV (EXHIBIT C).
T &B Planning also will prepare the Notice of Completion (NOC) required for the Draft EIR's 45 -day public review
period. This proposal anticipates that the Project Applicant's Title Company will provide updated mailing labels
for all property owners and occupants within the City's required notification radius. As part of this task, T &B
Planning also will work with City staff to ensure that an advertisement is prepared for publication in the local
newspaper as required by CEQA. The distribution list for the Draft EIR will be based on the distribution list
prepared for the project's NOP (Task 1.2), and supplemented if necessary by persons and organizations that
request notification and /or all individuals and agencies that commented on the project's IS /NOP. Prior to public
distribution, T &B Planning will submit the draft mailing list to the City for review and approval.
T &B Planning will conduct the Draft EIR distribution by first -class mail. Mailing expenses are not included in the
budget for this task, and will be billed as reimbursable expenses against the budget for Task 5.1, in accordance
with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). Written public comment will be directed to the City. We
recommend that the City forward copies of the comment letters to T &B Planning as they are received, and then
send us the complete set of original letters at the close of the public comment period. This will ensure that we
have a complete package and will allow for scanning at the best quality possible. If any comments necessitate
an expanded scope of analysis in the Final EIR, we will immediately evaluate our scope -of -work and notify the
City.
PHASE 3 PREPARE FINAL EIR, RESPOND TO COMMENTS, MMRP, AND HEARING MATERIALS
Task 3.1 Prepare Response to Public Comments and Administrative Draft Final EIR
Upon completion of the 45 -day public review period, T &B Planning will prepare written responses to all
comment letters received. All comments received in response to the Draft EIR will be discussed with City staff,
the Project Applicant, and the technical consultants as necessary, and an approach to the responses will be
agreed upon prior to preparation of the draft Response to Comments. The draft Response to Comments will be
submitted to the City and Project Applicant for review and approval. The budget for this task is based on the
expectation that comments will not exceed more than 15 commenting agencies /individuals and /or over 75
substantive comments.
Concurrently, l " &B Planning also will incorporate revisions into the EIR document necessary to clarify or correct
information in support of the draft Response to Comments. Any such revisions will be shown in
44,eeTat /underline format. A new section in the EIR ( "Final EIR ") will be drafted to document the public review
process for the EIR, summarize the comment letters received, and identify the nature, location, and reason for
any and all revisions incorporated into the final document. This new section also will provide a discussion and
rationale for why recirculation of the Draft EIR for an additional 45 -day public review period is not required
pursuant to CEQA Guidelines Section 15088.5.
The first draft of the Response to Comments and Final EIR will be submitted to City and Project: Applicant for
review and comment. In the interest of minimizing budget for this task, the budget includes submittal of only
the Final FIR section and any changed pages in the Draft EIR for the initial review by the City and Project
Applicant, along with copies of the draft Response to Comments and electronic versions of the Final EIR section,
changed pages, and Responses to Comments. Following receipt of comments from the City and Project.
Applicant, T &13 Planning will incorporate revisions to the Response to Comments and draft Final EIR and re-
submit the documents for a second iteration of City review.
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T &B Planning, Inc.
Nichols Mine Expansion EIR Proposal
Exhibit A: Intended Approach
Following the City and Project Applicant's second review of the Response to Comments and draft Final EIR, it is
expected that the document will either be approved by City staff for consideration by the Planning Commission,
or that only minor revisions would be necessary. Major revisions are not expected, nor budgeted. Once
approved by City staff, T &B Planning will publish copies of the draft Final FIR for use by decision - makers and City
staff during the public hearing process. Additionally, and as required pursuant to CEQA Guidelines Section
15088(b), T &B Planning will distribute copies of the Response to Comments via certified mail to all public
agencies and individuals that commented on the Draft FIR at least 10 days prior to certification of the Final EIR.
Certified mailing expenses and printing expenses are not included in the budget for this task, and will be billed as
reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLY RATES AND BILLING POLICY
(EXHIBIT C).
Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations
T &B Planning will prepare the CEQA documents required for the Final FIR public hearings, including the
Statement of Overriding Considerations (if required) and the Section 15091 CEQA Findings of Fact (requiring a
summary of each effect, identification of one or more of the required CEQA findings, listing of the associated
mitigation measures, and the rationale for implementing the measures). This document will be submitted to the
City and Project Applicant for review, editing, and approval.
Following review of the first draft, it is anticipated that the City and /or Project Applicant may request minor
revisions to clarify or expand on the findings and /or rationale for adopting a Statement of Overriding
Considerations. The budget for this task includes one round of revisions to the Findings of Fact /Statement of
Overriding Considerations, following which the final document will be submitted to the City for final review and
approval.
Task 3.3 Prepare and Post Notice of Determination
After certification of the Final EIR by the City of Lake Elsinore, the City will prepare a Notice of Determination
(NOD) form pursuant to Section 15094 of the state CEQA Guidelines. T &B Planning will post the City - prepared
Notice of Determination (NOD) with the County Clerk. Timely filing (within five (5) working days of final
decision) of the NOD by the lead agency (City of Lake Elsinore) reduces the statute of limitations on court
challenges to the approval under CEQA from 180 days to 30 days.
PHASE 4 MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL
It is our intent to anticipate the meetings, hearings, coordination, and correspondence which might be required
as part of this task. However, because working on entitlement projects is so often "reactive," it is difficult to
know exactly what work will be needed. Therefore, while we have provided budgets for each of the Tasks
below, these budgets should be considered estimates only, because all work performed under this Phase of
work by T &B Planning will be on a Time and Materials basis in accordance with our HOURLY RATES AND BILLING
POLICY, which is included herein within EXHIBIT C. Certain tasks can be anticipated and have been identified, but
we also realize that a client's needs sometimes require additional meetings, unanticipated correspondence, etc.
As the work efforts associated with these tasks are identified, we can provide updated budget estimates for
their completion.
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T &B Planning, Inc.
Nichols Mine Expansion EIR Proposal
Exhibit A: Intended Approach
Task 4.1 Meetings, Correspondence, and Coordination
All time spent by f &B Planning in attending meetings, preparing /updating project schedules, or in
coordinating /communicating via phone, e -mail, letter and /or web -based conferencing with City staff, public
agencies, the Project Applicant, legal counsel, and the project team (as needed) will be billed on a Time and
Materials basis against the budget for this task. The amount of effort required for this task is highly dependent
on the need for assistance from the City, Project Applicant, and the project team. This task will commence upon
authorization of this contract and will continue throughout the duration of the project. The actual number of
hours associated with this task may be higher or lower than the estimated budget, which is set at $15,000.00,
representing approximately 120 hours of staff time, and the budget for this task be drawn upon based on need.
When the budget for this task is drawn down to $2,000, we may request additional funds authorization from the
City if remaining coordination work is expected to exceed that amount. When the amount is fully drawn down,
T &B Planning will cease coordination tasks. We will only bill for the actual number of hours required for this
task. Attendance at Public Hearings is budgeted separately as part of Task 4.2.
Task 4.2 Prepare For, Attend, and Present at Public Hearings
For the purpose of preparing an estimated budget for this task, we anticipate that a I &B Planning Principal and
Senior Project Manager will take the lead in preparing for and presenting at a total up to two (2) public hearings
before the City Planning Commission and /or the City Council (in the event the project is appealed). Time
preparing for, attending, and traveling to /from public hearings will be billed on a Time and Materials basis
against the estimated budget for this task, If additional public hearings are required, then the additional time
will be billed against the budget for Task 4.1. If less time is required, we will only bill for the time actually spent.
Task 4.3 Document Publishing and Coordination
Work conducted under this task includes compilation of the Initial Study /NOP, Administrative Draft Fills, Draft
EIR, and Final EIR for printing and distribution. These documents are required to be distributed in both PDF and
hard copy formats. Work efforts include creating master PDFs, burning documents to CDs, creating custom CD
labels, and coordinating hard copy printing as necessary. It should be noted that the budget for this task
accommodates only staff time spent in preparing, compiling, and coordinating printing of required documents
and /or CDs. Costs associated with printing and CD creation will be billed as reimbursable expenses against the
budget for Task 5.1, In accordance with our HOURLYRATES AND BILLING POLICY (EXHIBIT C).
Task 4.4 Administrative Record Filing
Prior to the first public hearing, T &B Planning will prepare a comprehensive electronic record, with a
corresponding index, of all relevant documentation in our possession for transfer to the City as part of the
Administrative Record. Relevant documentation will include final versions of the Initial Study /NOP, EIR,
supporting technical reports, all information sources cited in the EIR's references section, and pertinent written
correspondence related to the EIR analysis methodologies and findings. T &13 Planning will provide the City with
one (1) CD of the administrative record.
PHASE 5 DELIVERABLES
Task 5.1 Deliverables
The proposed budget provided with this proposal includes reproduction and other related costs, as well as
mailing costs associated with the public distribution of documents and notices, based on the following quantity
of deliverables. The number of copies to be provided indicated in the table below includes estimations and not
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T &B Planning, Inc.
Nichols Mine Expansion Elk Proposal
Exhibit A: Intended Approach
fixed numbers. T &B Planning will provide the desired number of copies of the appropriate document; however,
any additional copies greater than the total specified in the table below shall be prepared at cost and only upon
the written approval of the City. Costs associated with the below - listed deliverables shall be invoiced in
accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). It should be noted that the actual deliverables
that may be needed in support of the project may vary from the list of deliverables provided below, and that not
all of the deliverables listed below may be necessary. The budget for this task is intended to include any and all
deliverables required for the project, whether listed below or not.
Deliverable
Format of Deliverable
__
Initial Study /NOP
60 I -lard Copies of Notice of Preparation
Postage for Public Review Certified Mailings (U h to 60 mailings)
First Administrative Draft Elk
"I CD with PDF version of Elk (including graphics) and Technical Appendices
6 Hard Copies of the Administrative Draft FIR (including 1 copy for Project
Applicant)
• 1 Hard Copy of Complete Technical Appendices Binder
Ped[x expense for delivery of FIR to Project Applicant
Second Administrative Draft FIR
• 1 CD with PDP version of FIR (including graphics) and Technical Appendices
• 6 Hard Copies of the Revised Administrative Draft FIR (including 1 copy for
Project Applicant)
1 Hard Copies of each Revised Technical Study
PecWx expense for delivery of FIR to Project Applicant
Third Adininisnative Draft FIR
. 1 CD with PDP version of FIR (including graphics) and Technical Appendices
3 Hard Copies of the Revised Administrative Draft FIR (including 1 copy for
Project Applicant)
Fed Ex expense for delivery of FIR to Project Applicant
Public Review Draft FIR
• 9 Hard Copies of the Public Review Draft FIR (2 copies for City of Lake
Elsinore, up to 5 copies for Responsible /Trustee Agencies, 1 copy for the
Project Applicant, and 1 copy forT &B Planning)
1 Hard Copy of the Technical Appendices Binder
• Up to 45 CDs with FIDE versions of the FIR and Technical Appendices (10 CDs
for City, 15 CDs for State Clearinghouse, and 20 CDs for distribution to
Responsible /Trustee Agencies)
• Up to 65 1 -lard Copies of Notice of Completion (NOC)
15 Hard Copies of Executive Summary (for CPR)
Custom - designed CD labels
Mailing Expenses, including:
o First -class mail postage for distribution of up to 40 copies of the Public
Notices /NCC to surrounding property owners and public agencies;
o Certified mail postage for distribution of up to 15 CDs and public
notices/NOC to Public Agencies;
o FedEx expenses for distribution of hard copies of the FIR, hard copies of
the NOC, and CDs to up to 5 Responsible /Trustee Agencies and the
Project Applicant and
0 1 =edEx expenses for delivery of the 15 hard copies of the Executive
SUrnonaly and 15 CDs to the State Cleanu house.
Final HR
3 Hard Copy of the Final FIR 0 copy for the City, 1 copy for the Project
Applicant, and 1 copy for T &B Planning)
• 1 Hard Copy of the Technical Appendices Binder
• 1 CD with PDF versions of the Final FIR and Technical Appendices
Fed Ex expense for delivery of Final EIR to Project Applicant
1 Hard Copy of the NOD
Administrative Record
• 1 CD
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T &B Planning, Inc.
Nichols Mine Expansion EIR Proposal
Exhibit B: Project Budget
.1
The services set forth in EXHIBIT A, Intended Approach, shall be provided pursuant to the following cost estimate:
Phase —Description
1: Environmental $coping)
Task 1.1
Prepare Project Description
Fixed Fee $3,880.00
Task 1.2
Prepare Initial Study and Notice of Preparation
Fixed Fee $9,640.00
Subtotal Phase 1: $13,520.00
Phase Z: Prepare Oran EIR and Distribute For Public Review
Task 2.1
Evaluate NOP Comment Letters
Estimated Fee
$1,500.00
Task 2.2
Prepare Administrative Draft FIR
Fixed Fee
$43,675.00
Task 2.3
Prepare 2nd and 3rd Administrative Draft EIRs
Estimated Fee
$18,250.00
_ Task 2.4
Prepare Mitigation Monitoring and Reporting Program
Fixed Fee
$2,220.00
Task 2.5
Prepare Notice of Completion and Public Review Draft EIR
Fixed Fee
$8,435.00
Subtotal Phase 2:
$74,080.00
Phase 3: Prepare
Final EIR, Respond to Comments, MMRP and Hearing Materials
Task 3.1
Prepare Response to Public Comments and Administrative Draft Final EIR
Estimated Fee
$11,000.00
Task 3.2
Prepare Findings of Fact and Statement of Overriding Considerations
Fixed Fee
$8,250.00
Task 3.3
Prepare and Post Notice of Determination
Fixed Fee
$515.00
Subtotal Phase 3:
$19,765.00
Phase 4: Meetings,: project Mamgemer and- Quality Control
Task 4.1
Meetings, Correspondence, and Coordination
Estimated Fee
$15,000.00
Task 4.2
Prepare For, Attend, and Present at Public Hearings
Estimated Fee
$4,800.00
Task 4.3
Document Publishing and Coordination
Estimated Fee
$4,025.00
Task 4.4
Administrative Record Filing
Estimated To
$5,900.00
_
Subtotal Phase 4:
$29,725.00
Phases: Dellverablc sa
Task 5.1
Deliverables Estimated Fee $7,800.00
_
Subtotal Phase 5: $7,800.00
Total Estimated Labor Budget: 11 r tt
Notes:
1) The fees for Task 1.1, Task 1.2, Task 2.2, Task 2.4, Task 2.5, Task 3.2, and Task 3.3 represent fixed fees based on the accompanying SCOPE OR WORK.
These fees will not be exceeded unless the CITY or LAKE ELSINORE AND/OR PROJECT APPLICANT dictate changes to the SCOPE Or WORK.
2) The fees for Task 2.1, Task 2.3, Task 3.1, Phase 4, and Phase 5 are estimates for budgeting purposes. Work shall be performed under these tasks on a
Time and Materials basis in accordance with our HOURLY RATES Amu BILLING POLICY (EXHIBIT C).
3) Deliverable expenses, as set forth under Task 5.1, shall be instead be invoiced on a Time and Materials basis against the budget identified above for
Task 5.1, in accordance with our HOURLY RATES AND BILLING Poucv (EXHIBIT C).
Page 11
T &6 Planning, Inc.
Nichols Mine Expansion EIR Proposal g q'
Exhibit C: Hourly Rates and Billing Policy ti „
If at any time during the completion of this project, we are requested to perform services beyond the Scope of Work
or if T &B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for such work
in accordance with the hourly rates provided below:
• Principal /Senior Designer ...................... ...............................
...................$175.00 /Hour
• Senior Associate ...................................................... ...............................
$125.00 /Hour
• Senior Manager /Senior Planner ............ ...............................
...................$125.00 /Hour
• Project Manager ........................................................ ...............................
$ 95.00 /Hour
• Graphics Manager ................................. ...............................
....................$95.00 /Hour
• Project Planner .......................................................... ...............................
$ 80.00 /Hour
• Environmental Analyst .............................................................
.. .............. $80.00 /Hour
Staff Planner .............................................................. ...............................
$ 65.00 /Hour
• Graphic Artist /GIS Technician ................................... ...............................
$ 65.00 /Hour
• Administrative Assistant/ AssistantPlanner .........................
....................$40.00 /Hour
T &13 Planning's hourly rates do not include out -of- pocket expenses (including, but not limited to, blueprinting,
duplicating /copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery services),
except as otherwise provided for by Task 5.1, Deliverables.
We invoice on a monthly basis in proportion to the time spent on the project to date. Time and materials labor is
rounded to the one - quarter hour. Fixed fee labor is invoiced based on the percentage of task complete. Unless pre-
arranged, all billing statements are due and payable within thirty (30) days of the submittal date. A finance charge of
1%% per month will be charged on all invoices not paid within thirty (30) days of submittal. T &B Planning's
procedure for prioritizing work is strongly influenced by timely payment of invoices by the Client.
Outside professional services performed by other individuals /firms that are sub - contracted through T &B Planning will
be performed only following authorization by you. Billing for any services that are sub - contracted will be billed at our
actual cost plus 2% for administrative handling.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T &B Planning, its sub - consultants and vendors is not
dependent on agency concurrence or approvals.
The Client agrees to limit T &B Planning s design professional liability to the Client and to all construction Contractors
and Subcontractors on the project, because of T &B Planning's negligent acts, errors, or omissions, such that the total
aggregate liability of T &B Planning's liability shall not exceed $50,000 or T &B Planning's total fee for services
rendered on this project, whichever is greater.
All work products, including but not limited to correspondence, reports and maps, generated for this project and
retained by T &B Planning in its files shall be stored for a period of five years after completion of the project and then
discarded, unless T &B Planning is advised in writing by the Client to retain or transfer such files.
Page 12
T &B Planning, Inc.
Nichols Mine Expansion EIR Proposal
Exhibit D: Authorization Form
I hereby authorize T &B Planning, Inc. (dba T &B Planning) to proceed with the services provided for by this
proposal, which include: 1) Environmental Scalping; 2) Prepare Draft EIR and Distribute For Public Review; 3)
Prepare Final EIR, Respond to Comments, MMRP, and Hearing Materials; 4) Meetings, Project Management, and
Quality Control, and 5) Deliverables. Task 1.1, Task 1.2, Task 2.2, Task 2.4, Task 2.5, Task 3.2, and Task 3.3 as
described in the SCOPE OF WORK, will be provided for a fixed fee budget of $76,615.00. Task 2.1, Task 2.3, Task
3.1, Phase 4, and Phase 5, as described in the SCOPE of WORK, will be provided on a Time and Materials basis
under an estimated fee budget of $68,275.00, on an as- needed or on -going basis, as described in Exhibit A,
INTENDED APPROACH. Work shall be performed under these tasks on a Time and Materials basis to the maximum
fee indicated, in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT Q. The total cost contracted is
$144,890.00.
I have read and approved the full attached proposal which details these services and budget. As T &B Planning
proceeds with work under this contract, T &B Planning will bill CLIENT on a monthly basis for work completed
during the month. CLIENT will remit payment of the monthly invoices within 30 days. If T &B Planning does not
receive payment within 30 days, then CLIENT understands that all work on the project will stop until the invoice is
paid. All invoices that are past 30 days due will be subject to a 1.5% per month late fee.
T &B Planning and CLIENT agree that CLIENT may request that T &B Planning cease or suspend work on the project at
any time. In that event, T &B Planning shall prepare and submit an invoice for work completed as of the date T &B
Planning was notified to cease or suspend work. CLIENT agrees to compensate T &B Planning for work performed
under this proposal through the date work was ceased or suspended.
I hereby authorize T &B Planning to proceed with the services provided for by this proposal.
I have read and approved the full attached proposal which details these services, time frames, and budget.
T &B PLANNING, INC.
Signature
r^
Name and Title (Print)
Date
Page 13
T &B Planning, Inc.
March 18, 2015
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