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HomeMy WebLinkAbout0005_2_Central Plaza CEQA Agreenebt - Exhibit A AgreementAGREEMENT FOR PROFESSIONAL SERVICES ALBERT A. WEBB ASSOCIATES CENTRAL PLAZA This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 12, 2016, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Albert A. Webb Associates ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: CEQA consulting services for the Central Plaza (“Project). B. Consultant has submitted to City a proposal, dated June 28, 2016, 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. 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). Page 1 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 thirty six thousand two hundred dollars ($36,200) 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, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, Page 2 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 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 Page 3 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 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. Page 4 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. Indemnity. 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 to the extent resulting from the negligence or misconduct of Consultant, 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 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 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. Page 5 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. iv. 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. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. Page 6 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: Stephanie Standerfer Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 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. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Reserved. Page 7 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. 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. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Page 8 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. 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, et 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. 30. 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] Page 9 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 “CONSULTANT” Albert A. Webb Associates By: ___________________________ Its: ___________________________ Attachments: Exhibit A – Consultant’s Proposal Page 10 EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] EXHIBIT A 012013 REVISED June 28, 2016 June 15, 2016 Mr. Justin Kirk, Principal Planner City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Proposal for Environmental Services for Proposed Commercial Development located on Central Avenue and Collier Avenue, City of Lake Elsinore, Riverside County, CA (APN 377-080-014, -031, -032, - 033, -034) Dear Mr. Kirk: I am pleased to provide you with this proposal for Environmental Services related to the proposed commercial development located in the City of Lake Elsinore. Enclosed you will find our Project Understanding (Exhibit “A”), Scope of Services (Exhibit “B”), and Compensation Schedule (Exhibit “C”) for your review and consideration. If you find this proposal acceptable, please notify our office so a contract agreement can be prepared. We appreciate this opportunity to be of service to your firm and look forward to hearing from you. If you have any questions regarding this proposal, please contact us at 951-686-1070. Sincerely, ALBERT A. WEBB ASSOCIATES Stephanie Standerfer Vice President Enc. Attachment A – Project Understanding Attachment B – Scope of Services Attachment C – Compensation Schedule Fee Schedule Exhibit “A” Project Understanding A-1 Our understandings of the needs for this proposed development are as follows: The City is evaluating a plan to develop the 7± acre site located at the southwestern corner of Central Avenue and Collier Avenue in City of Lake Elsinore, Riverside County, California in accordance with the site plan shown as Figure 1. Figure 1 – Preliminary Site Plan WEBB understands the proposed Project is to be analyzed pursuant to the California Environmental Quality Act (CEQA) with City of Lake Elsinore as the Lead Agency. We are aware that others will be preparing the technical studies needed for the proposed project and that we will review those studies and provide feedback to the City on their adequacy related to CEQA. WEBB’s services include the tasks necessary to prepare the CEQA documents on behalf of the City of Lake Elsinore (City), including the preparation of an Initial Study (IS). Exhibit “B” Scope of Services B-1 ENVIRONMENTAL SERVICES Given the type of project, we anticipate that the project will most likely support the preparation of a Mitigated Negative Declaration (MND) pursuant to CEQA. Since the CEQA document is required for the City in order to make a decision on the project, WEBB will assist the City in preparing and processing the CEQA document for the project. Our scope of services for the MND process includes the following tasks: Task 1: Peer Review of Technical Studies Our understanding is that the following technical studies will be prepared by others and will be reviewed for adequacy related to CEQA purposes by our in-house experts in the related fields. Our scope includes up to 8 hours of WEBB time to review and provide comments back on adequacy of the reports one time. It is assumed that all requested changes from WEBB will be completed by the Applicant’s technical consultants and that no further review or revisions will be needed by WEBB once those changes are made. Further reviews or extended discussions beyond the initial 8 hour allowance will require a budget augmentation. Under this Task, WEBB will review the following reports: · MSHCP Consistency Analysis/Biological Resources · Cultural Resources · Paleontological Resources · Noise Impact Analysis · Air Quality Analysis · Greenhouse Gas Analysis Task 2: Initial Study (IS)/Mitigated Negative Declaration (MND) The City and Applicant shall provide a detailed project description which includes all the relevant planning case information, and a description of all the on-site and off-site improvements required for the project for use in the IS/MND. Using the City’s preferred format, WEBB will prepare an IS with explanatory text for all topical issue areas, in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City’s procedures for implementing CEQA. Using the Technical Studies prepared by others, the IS will be prepared. The IS is expected to support a MND. On behalf of the City (CEQA Lead Agency), WEBB will produce electronic copies of the IS/MND for the City’s review and approval. One round of revisions is included in our scope of services. WEBB will prepare the Notice of Completion (NOC) and Notice of Intent (NOI) on behalf of the City. Task 3: IS/MND Processing and Final Documentation Upon approval, WEBB will distribute (mail) accordingly, the IS/Notice Of Intent (NOI) via a proof of delivery method such as United States Postal Service certified or express mail, overnight delivery to the responsible agencies, interested parties, per the distribution list provided by the City, the State Clearinghouse, and the County Clerk. The NOI will also be printed in the newspaper of general circulation (Press-Enterprise or another paper designated by the City). The posting and mailing of the NOC/NOI will start the 30-day public review and comment period. Exhibit “B” Scope of Services B-2 Final MND / Mitigation, Monitoring, and Reporting Program / Notice of Determination WEBB anticipates that mitigation measures will be identified to reduce potential impacts to less than significant. Thus, a mitigation monitoring and reporting program (MMRP) will be required per Section 15097 of the State CEQA Guidelines. The MMRP will consist of a matrix that identifies, for each impact category (e.g., air quality, noise), mitigation measures, timing for implementation, the party responsible for implementation, and the method of reporting or monitoring to be used. WEBB will prepare a screencheck MMRP for City review and incorporate one round of revisions. WEBB will review and prepare responses to comments received during the 30-day public comment period and prepare the Final IS/MND incorporating response to comments, final MMRP and technical appendices on CD. Upon City approval of Final IS/MND, WEBB will prepare the Notice of Determination (NOD) as required by Section 15094 of the State CEQA Guidelines and file with the Riverside County Clerk’s office and State Clearinghouse. Applicable CEQA filing fees are the responsibility of the applicant. This task includes preparation of response from no more than 10 commenting agencies/individuals or over 50 comments that require answers other than “comment noted.” PROJECT MANAGEMENT AND MEETINGS Project Management, Coordination, and Public Hearings Preparation of the CEQA document will require review and coordination of the technical studies, project plans, and Project team. This task includes the effort required to maintain open communication with City and Project Team until the MND is adopted. This effort also includes maintaining the project schedule. WEBB has budgeted time to meet with City staff throughout the MND process. WEBB has budgeted up to two (2) meetings with City Staff and/or applicant team to discuss project status and other issues associated with the CEQA process or peer review comments. The meetings will be attended by WEBB’s project management team in addition to other key members of WEBB’s project team, as necessary. WEBB staff will attend one (1) public hearings related to the CEQA process. WEBB will be prepared to answer any questions and respond verbally to relevant comments related to the CEQA document raised during the public hearing meetings. Exhibit “B” Scope of Services B-3 Assumptions Used in the Preparation of the Scope of Services A “round” of comments refers to a group of comments from City, including City Attorney, and applicant CEQA counsel in one consolidated track change MS Word document. All comments will be identified by comment bubble or track change (If additional rounds of comments are received, i.e., received at different times, additional comments not included in the initial round, or changes from the initial round of comments, additional budget may be required. Documents submitted for review to Project Team will be prepared in Adobe PDF (including figures) and/or MS Word. No preparation of Findings or Resolution are included; legal counsel shall prepare. All documents will be delivered in electronic format unless otherwise specified. Costs for reproduction, publishing and mailing will be billed on a T &M basis. Hardcopies will be furnished if requested and also billed on a time and materials basis (T&M). A change to any of the above assumptions may result in the need for additional budget. Please contact us immediately if our understanding of the project needs are not consistent with your understanding, so that the scope can be revised accordingly. Exhibit “C” Compensation Schedule C-1 Professional Services as outlined in Exhibit “B,” shall be provided on a time and materials basis with an amount not to exceed $46,200 as follows: ENVIRONMENTAL SERVICES Task 1: Peer Review of Technical Studies $8,900 Task 2: IS/MND Preparation $13,200 Task 3: Noticing and Final Documentation $9,100 PROJECT MANAGEMENT AND MEETINGS Project Management, Coordination, and Public Hearings $5,000 TOTAL BUDGET $36,200 Labor Task budgets are estimates and will be used interchangeably as needed but not to exceed the budget total. Any additional services requested outside this scope will be provided under separate contract addenda for additional fees. Invoices will be submitted monthly based on the percentage of work completed. All invoices shall be due and payable upon receipt. If invoices remain unpaid after 30 days, work on project will cease and interest of 1.5% per month shall be charged on unpaid balances. Expenses Charges for printing, copying, mileage, telephone tolls, postage, outside services, clerical services, electronic distance measuring equipment, and for coordination or other services not specifically listed in Exhibits “B” and “C” will be on a time and materials basis, in addition to the amounts shown above, in accordance with our attached schedule of fees. Charges for subcontracted services, including outside consultants requested by the client will be subject to a 15% surcharge. Checking and/or filing fees are not included in this contract, and shall be paid by the client directly to the appropriate government agency. Costs for custom invoice, if desired by client, shall be negotiated prior to commencement of our efforts. Invoices will be submitted monthly based on the percentage of work completed. All invoices shall be due and payable upon receipt. If invoices remain unpaid after 30 days, consultant shall cease work on project and interest of 1.5% per month on unpaid balances shall be charged.