HomeMy WebLinkAbout0008_3_Nichols Mine Expansion CEQA - Exhibit B First AmendmentAMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LAKE ELSINORE AND
AND T&B PLANNING
Nichols Mine Expansion
THIS AMENDMENT NO. 1 is made and entered into as of May 10, 2016, by and
between the City of Lake Elsinore, a municipal corporation (“City”), and T&B Planning, a
California corporation (“Consultant”). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
A. The City and Consultant have entered into that certain Agreement for
Professional Services dated as of May 12, 2015 (the “Original Agreement”). Except as
otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for
such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount
not to exceed $144,890.
C. The parties now desire to modify the scope of services and increase the payment
for such services by of $22,718.75 as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to
add the following paragraph:
Consultant shall also perform the services described in the First
Addendum to Proposal to Provide CEQA Consulting Services (the
“Addendum”) attached hereto and incorporated herein. All references to
“Consultant’s Proposal” and/or “Exhibit A” shall include the Addendum.
2. The second full sentence of Section 3, Compensation, of the Original Agreement
is hereby amended to read as follows:
In no event shall Consultant’s compensation exceed $167,608.75 without
additional written authorization from the City.
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
Nichols Mine Expansion - Amendment No. 1 rev Page 1
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be
executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONSULTANT”
T&B PLANNING, a California corporation
Joel Morse, President
Date:
Attachments: First Addendum to Proposal to Provide CEQA Consulting Services
Nichols Mine Expansion - Amendment No. 1 rev Page 2
Revised 2009-01-12
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT constitutes a legal agreement
solely between T&B Planning, Inc. (T&B Planning) and CLIENT herein named as:
CLIENT NAME: CITY OF LAKE ELSINORE
JOB NUMBER: 996-001
PROJECT NAME: NICHOLS MINE EXPANSION
DATE: April 11, 2016
The following is the proposed First Amendment to the City of Lake Elsinore Professional Services
Agreement (Agreement) with T&B Planning, Inc. for the Nichols Mine Expansion project, dated May 12,
2015, pursuant to Exhibit A, Scope of Work. All other provisions of the original Agreement shall remain in
force and in effect except as modified herein.
Net Budget Increase Request: $22,718.75, as detailed in EXHIBIT B.
SUMMARY OF FIRST AMENDMENT:
This First Amendment to the Professional Services Agreement is necessary to provide a scope of work and
budget for substantive revisions to the Nichols Mine Expansion EIR in response to comments received by the
City of Lake Elsinore during the Draft EIR’s public review period. In total, 12 comment letters were
received, including a lengthy letter from the law firm, Blum Collins, LLP. Due to the scope and content of
the necessary EIR revisions and the likely addition of mitigation measures, the Draft EIR will be recirculated
for a second round of public review before the Final EIR is prepared. To support the revised and recirculated
Draft EIR, several revised technical studies, including the air quality report, health risk assessment, and
greenhouse gas emissions report, will be updated by the Project Applicant’s technical team and provided for
T&B Planning’s use. Once the revised technical studies and revised Draft EIR have been completed to the
satisfaction of the City of Lake Elsinore, the Draft EIR will then be distributed for an additional 45-day public
review and comment period, following which T&B Planning will prepare detailed responses to comments, and
assemble a draft Final EIR.
DETAILS/COMMENTS
1. Tasks 1.1 through 2.5
Work efforts associated with Tasks 1.1 through 2.5 have been completed. Accordingly, as part of this First
Amendment to Contract, the budget for these tasks is being eliminated. Specifically, this First Amendment to
Contract reduces the remaining budget allocated to these tasks by $20,231.25.
2. (New) Task 2.6 – Prepare Recirculated Draft EIR (RDEIR)
New Task 2.6 is needed to allow T&B Planning to make appropriate revisions to the Draft EIR in response to
public comments:
Exhibit A
First Amendment to Contract
Nichols Mine Expansion
April 11, 2016
Revised 2009-01-12
• RDEIR, Explanation for Recirculation. This is a new section of the Draft EIR that will explain
the purpose of re-circulating the Draft EIR for public review and identify the portions of the
document that were subject to revision. T&B Planning will prepare an Errata of Changes Table (or
a new Appendix to the RDEIR comprising an Errata), which will indicate how each comment
received by the City on the Draft EIR (when it was first circulated for public review) is addressed
in the RDEIR. It should be noted that the budget for this task allows for responses to up to 500
individual comments received in response to the First Public Review Draft EIR.
• S.0, Executive Summary. Revisions to this Section are necessary to reflect changes to other
portions of the DEIR, as described below. In addition, the MMRP Table will be updated to reflect
any revisions to the mitigation measures.
• 1.0, Introduction. Revisions to this Section will briefly explain the CEQA process, including the
RDEIR recirculation procedure, and make note additional areas of controversy based on the
comment letters that were received in response to the initial public review period.
• 2.0, Environmental Setting. Revisions to this Section will incorporate additional specificity
regarding the environmental baseline used as the basis for analysis in the DEIR.
• 3.0, Project Description. Minor changes to this Section will describe the physical and operational
characteristics of the asphalt batch plant and other details about the proposed Project requested in
comment letters to the DEIR.
• 4.0, Environmental Analysis. Substantive revisions to several subsections are necessary, most
particularly Subsection 4.1, Air Quality, and Subsection 4.6, Greenhouse Gas Emissions, to
address the Project’s asphalt batch plant operations. Minor revisions and clarifications also will
be required to other Subsections. T&B Planning expects to receive an updated Air Quality Report,
Health Risk Assessment, and Greenhouse Gas Emissions Report from the Project Applicant’s
technical team to form the basis of updates in Subsections 4.1 and 4.6.
• 5.0, Mandatory CEQA Topics. Minor revisions to this Section will be necessary based on the
revisions incorporated into Section 4.0.
• 6.0, Alternatives. Minor revisions to this Section will be necessary based on the revisions
incorporated into Section 4.0, particularly if the revised analysis identifies significant and
unavoidable impacts.
• 7.0, References. Minor revisions to this section are necessary to reflect updates to information
sources and citations.
• Technical Appendices. T&B Planning expects to receive an updated Air Quality Report and
Greenhouse Gas Emissions Report from the Project Applicant’s technical team, which we will
compile into an updated Technical Appendices volume to support the RDEIR.
First Amendment to Contract
Nichols Mine Expansion
April 11, 2016
Revised 2009-01-12
Once the revisions are complete, the RDEIR and all updated technical studies will be provided to the City of
Lake Elsinore for review and comment. An electronic copy in PDF format will be provided in
strikeout/underline format, in addition to two (2) hard copies of the Administrative RDEIR, two (2) hard
copies of the revised technical studies, and (2) CDs containing the Administrative RDEIR and revised
technical studies.
3. (New) Task 2.7 – Prepare and Distribute RDEIR and Public Notices for Public Review
After City staff reviews the Administrative RDEIR, T&B Planning will incorporate any necessary revisions in
response to comments received from City staff. This proposal assumes that City comments will be minor in
nature and will not require substantive revisions to the technical studies, as revised. Should the City identify
a need for major revisions or substantive changes to the project’s technical studies, then additional budget
may be required. Once revisions have been incorporated pursuant to the City’s comments, electronic (i.e.,
PDF) copies of the revised pages from the RDEIR will be provided to the City for final review and approval.
The budget for this task assumes a minor amount of coordination with City staff as necessary to clear any
outstanding comments.
Upon receiving City authorization to publish the RDEIR, T&B Planning will prepare and print for public
distribution the RDEIR and its Technical Appendices per City direction and CEQA requirements. The
budget for this task assumes distribution of the RDEIR and Technical Appendices primarily in PDF format,
burned to CDs with a custom-designed label. Burning of up to 100 CDs are budgeted which will include both
the RDEIR and Technical Appendices. Up to five (5) hard copies of the RDEIR and one (1) hard copy of the
Technical Appendices binder are budgeted for printing. This proposal also assumes that up to 150 public
notices will need to be published.
T&B Planning will prepare the Notice of Completion (NOC) and other public notices required for the RDEIR’s
45-day public review period. The mailing list will be identical to the list used for the original Draft EIR
distribution, and supplemented with any individuals/agencies that previously provided comments on the Draft
EIR. Prior to public distribution, T&B Planning will submit the revised draft mailing list to the City for review
and approval. Fees for mailing the RDEIR via first class United States Postal Service (USPS) are budgeted as
part of Phase 5, Deliverables, of the Professional Services Agreement Scope of Work.
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 RDEIR public comment period. This will ensure that we have a complete package and 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.
4. (New) Task 3.1(A) – RDEIR Responses to Comments
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 RDEIR will be discussed with the City
of Lake Elsinore, the technical report authors, the Project Applicant, and the Project Applicant’s legal
First Amendment to Contract
Nichols Mine Expansion
April 11, 2016
Revised 2009-01-12
counsel, as necessary. The budget for this task assumes that comments will be no more than twenty (20)
commenting agencies/individuals and/or more than 500 substantive comments.
If any comments necessitate an expanded scope of analysis in the Final EIR or additional technical analysis,
T&B Planning will immediately evaluate our scope-of-work and notify the City. The draft responses to
comment will be submitted to City staff for review and approval. Upon approval from the City, T&B Planning
will finalize the response to comments and include them as a separate section in the Final EIR.
5. Task 4.1 – Meetings, Correspondence, Coordination
Additional budget is needed for this task to allow T&B Planning to conduct on-going coordination and
management activities in support of the RDEIR. The budget for this task is intended to cover any phone
calls, conference calls, or e-mail coordination with City staff, as appropriate and necessary. Please note that
the budget for this task represents an estimated budget through project approval, and the City only will be
charged for time actually spent in coordinating activities in support of the project.
6. Task 4.3 – Document Publishing and Coordination
Additional budget is needed in order to prepare the Administrative RDEIR, DEIR, and revised technical
reports for publication and publish the documents in electronic format and hard copy. The budget for this
task is intended to cover formatting, pagination, compiling PDFs, creating PDF hyperlinks, burning CDs,
creating CD labels, and coordination with the printing company for hard copies. Please note that the budget
for this task represents an estimated budget, and the City only will be charged for time actually spent in
coordinating activities in support of the project.
7. Task 4.4 – Administrative Record Filing
Additional budget is needed in order to supplement the EIR’s Administrative Record with the RDEIR and the
information and data sources and citations used during preparation of the RDEIR. An updated
Administrative Record CD will be delivered to the City prior to the RDEIR being circulated for public
review, and again prior to the first public hearing.
8. Phase 5 – Deliverables
Additional budget for Phase 5.0, Deliverables, is requested as our previously-approved budget for project-
related deliverables has been exhausted. The requested budget supplement is necessary to allow for the
printing and delivery of the documents identified in the following table. It should be noted that the following
table amends and replaces the Summary of Deliverables Table that was included in the original Agreement.
Client only will be charged for deliverable and delivery expenses incurred in support of the proposed project,
and will be invoiced on a Time and Materials basis in accordance with our Hourly Rates & Billing Policy,
which is incorporated herein and attached hereto as EXHIBIT “A”.
Summary of Deliverables:
Deliverable Format of Deliverable
Recirculated Draft EIR 2 CDs with PDF version of RDEIR (including graphics) and
First Amendment to Contract
Nichols Mine Expansion
April 11, 2016
Revised 2009-01-12
Deliverable Format of Deliverable
Technical Appendices
2 Hard Copies of the RDEIR
2 Hard Copies of Each Revised Technical Study
Prepare and Distribute
RDEIR and Public Notices
for Public Review
5 Hard Copies of the Public Review Draft EIR
15 Hard Copies of Executive Summary (for OPR)
1 Hard Copy of the Technical Appendices Binder
100 Custom-designed CD labels
100 CDs with PDF versions of the EIR and Technical
Appendices
150 Hard Copies of Public Notices, including NOC
Postage for Public Review Certified Mailings for Public
Agencies and Surrounding Property Owners (including 130
first class mailings and 5 overnight mailings [FedEx])
These services shall be provided for an estimated net increased fee of $22,718.75, which shall result in a total
net increase the total Agreement budget from $144,890.00 to $167,608.75, including the pre-paid expenses
identified above and in accordance with our HOURLY RATES AND BILLING POLICY, incorporated herein and
attached hereto as EXHIBIT “A.” A summary of the budget associated with the above-described work efforts
is provided on the attached Contract Summary, which is incorporated herein and attached hereto as EXHIBIT
“B.” As shown in EXHIBIT “B,” T&B Planning propose to zero-out unexpended funds in Tasks 1.1 through 2.5
(resulting in a total reduction of $20,231.25), and increase the budget for the additional scope of work items
listed above (resulting in a total increase of $42,950.00); thus, this First Amendment to Contract provides for
a net increase in budget of $22,718.75.
CLIENT hereby authorizes T&B Planning to proceed with the work herein described and T&B Planning agrees it
shall provide such services in a timely and efficient manner. If the job is canceled prior to completion,
CLIENT agrees to pay for that portion of work performed prior to cancellation.
IN WITNESS WHEREOF, the parties to this Agreement have executed this agreement effective as of the
date and the year first above written.
T&B PLANNING, INC. CITY OF LAKE ELSINORE
a California Corporation
By: By:
_______________________________ _________________________________
Joel Morse
Its: Its:
President _________________________________
Dated: Dated:
March 29, 2016 ____________________
Estimate & Authorization
Nichols Mine Expansion
April 11, 2016 EXHIBIT “B”
Revised 2009-01-12
HOURLY RATES AND BILLING POLICY
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/Assistant Planner .............................................. $ 40.00/Hour
T&B 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 Phase 5, 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
1½% 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.
Estimate & Authorization
Nichols Mine Expansion
April 11, 2016 EXHIBIT “B”
Revised 2009-01-12