HomeMy WebLinkAboutItem No. 10 PSA Envion Doc Nichols South Spec Plan ProjectText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-469
Agenda Date: 1/9/2018 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 10)
Page 1 City of Lake Elsinore Printed on 1/4/2018
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Justin Kirk, Principal Planner
Date:January 9, 2018
Subject:Professional Services Agreement for the Environmental Documentation for
the Nichols South Specific Plan project
Recommendation
Approve and authorize the City Manager execute a Professional Services Agreement with T&B
Planning to prepare the California Environmental Quality Act (CEQA) compliance documents for
the Nichols South Specific Plan project (NSSP) in an amount not to exceed $174,330.00 and 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 several entitlement applications for the 45.4-acre Nichols South
project site, consisting of a Specific Plan Amendment (SPA) to the Alberhill Ranch Specific Plan
and Tentative Tract Map (TTM) 37305 in May 2017. Since then, the project has undergone
major design revisions, including the addition of the 23.8-acre “Bow Tie” parcel, located
immediately south of the original Nichols South project site. Due to changes in the project’s
design, the Project Applicant is seeking to revise the SPA and TTM applications that were filed
with the City in May 2017 to remove the original, 45.4-acre Nichols South project site from the
Alberhill Ranch Specific Plan boundary. In addition, the Project Applicant will be submitting new
entitlements applications for a General Plan Amendment (GPA), Specific Plan (SP), and
Change of Zone (CZ) for the revised 69.2-acre Nichols South project site (which includes the
23.8-acre Bow Tie parcels). It is anticipated that the proposed entitlements will require the
preparation of an Environmental Impact Report (EIR) for this project. A consultant at the general
direction of City staff will prepare the EIR corollary documents. T&B Planning has been
determined to be the most appropriate consulting firm to prepare the necessary environmental
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documents as they are included on the City’s CEQA Consultant Master List and have provided
previous consulting services for previous entitlements located 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.
Exhibits
A – Professional Services Agreement
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AGREEMENT FOR PROFESSIONAL SERVICES
T&B Planning
Nichols South Specific Plan
This Agreement for Professional Services (the “Agreement”) is made and entered into as of
January 9, 2018, 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 November 20, 2017, 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.
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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 seventy four thousand three hundred thirty dollars ($174,330.00) 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. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("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. 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, 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.
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.
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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.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
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
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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, 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.
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
“CONSULTANT”
T&B Planning, California corporation
By: Joel Morse
Its: President
Attachments: Exhibit A – Consultant’s Proposal
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
JN: 996-004
November 20, 2017
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 SOUTH SPECIFIC PLAN 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 Nichols South SPA project located east of
Interstate-15, south of Nichols Road, and west of El Toro Road 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 entitlement approvals for a General Plan Amendment (GPA),
Specific Plan (SP), Specific Plan Amendment (SPA), and Change of Zone (CZ) for the development of residential,
commercial, and recreational uses on an approximately 69.2-acre property (herein, “Nichols South” property).
We anticipate that this project will require an Environmental Impact Report (EIR) to comply with CEQA; therefore,
this proposal provides a work program and budget for the preparation of an EIR and associated CEQA compliance
notices in accordance with CEQA and 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 43-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
• PROJECT BUDGET - EXHIBIT B
• HOURLY RATES AND BILLING POLICY - EXHIBIT C
• AUTHORIZATION FORM - EXHIBIT D
The business philosophy at T&B Planning is for our Principals and Senior Associates to be directly involved in
project management. For this project, I will be Principal-in-Charge and Jerrica Harding, AICP, Senior Associate,
will serve as the project manager and 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 via email at jmorse@tbplanning.com,
or Jerrica Harding at (714) 505-6360 ext. 101, or via e-mail at jharding@tbplanning.com.
Sincerely,
T&B Planning, Inc.
Joel Morse, Vice President
Nichols South Specific Plan - EIR Proposal
Exhibit A: Intended Approach
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T&B Planning, Inc.
EXHIBIT A: INTENDED APPROACH
Project Understanding
It is our understanding that the Project Applicant is seeking to develop an approximately 69.2-acre property with
residential, commercial, and recreational uses. Entitlement applications for the original 45.4-acre Nichols South
project site, consisting of a Specific Plan Amendment (SPA) to the Alberhill Ranch Specific Plan and Tentative Tract
Map (TTM), were filed with the City of Lake Elsinore (herein, “City”) in May 2017. Since then, the project has
undergone major design revisions, including the addition of the 23.8-acre “Bow Tie” parcels, located immediately
south of the original Nichols South project site. Due to changes in the project’s design, the Project Applicant is
seeking to revise the SPA and TTM applications that were filed with the City in May 2017 to remove the original,
45.4-acre Nichols South project site from the Alberhill Ranch Specific Plan boundary. In addition, the Project
Applicant is seeking to submit new entitlements applications for a General Plan Amendment (GPA), Specific Plan
(SP), and Change of Zone (CZ) for the revised 69.2-acre Nichols South project site (which includes the 23.8-acre
Bow Tie parcels). Based on the project’s anticipated discretionary actions, this proposal anticipates that the 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 or has been
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 (including focused burrowing owl surveys), cultural resources (archaeology/
paleontology) report, geology/soils analysis, greenhouse gas emissions analysis, hydrology/water quality studies,
noise impact analysis, environmental site assessment, 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 South SP project. 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 Research, Data Acquisition, and Review
T&B Planning has considerable background information due to our history with the Nichols South project and we
will review that information along with any other comments received by the City in regards to the project.
Additionally, we will review data pertaining to the revised Nichols South design as provided by the Project
Applicant and/or the project engineer and architect. With permission to access the property, T&B Planning will
conduct a field visit and take current photographs to document existing site conditions, surrounding development,
and other aspects of the site’s physical and environmental setting that warrant consideration in the environmental
analysis. The photos will be GPS-referenced and will be used as the baseline for EIR analysis as required by CEQA.
Task 1.2 Prepare Project Description
Prior to initiating any substantive work, T&B Planning will work with the Project Applicant and the City (as
necessary and appropriate) to prepare a formal Project Description that will be used throughout the CEQA
compliance process. The Project Description will include both text and exhibits, and describe the proposed project
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along with its construction and operational details. We expect that a majority of the exhibits will be taken from
the Project Applicant’s application materials that are required by the City, with minimal graphic manipulation
required 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 construction and
operational characteristics, on-site and off-site, associated with the proposed project. We recommend that the
City provide the Project Description to the Project Applicant for review once the City has reviewed and approved
the initial draft.
Task 1.3 Prepare Initial Study and Notice of Preparation
Based on the completion of the project description prepared pursuant to Task 1.2, T&B Planning will prepare an
Initial Study (IS). The Initial Study will:
o include a detailed description of the various elements of the proposed project;
o identify the City of Lake Elsinore as the Lead Agency and provide contact information;
o indicate the location of the project area and generally describe the existing zoning and General Plan
land use designations in the area;
o provide a description of existing conditions and surrounding land uses;
o disclose any other public agencies that must also approve the proposed project;
o identify the environmental factors potentially affected;
o include the completed Environmental Checklist; and
o 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.
Prior to the City’s 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&B 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 C).
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Task 1.4 Prepare for and Attend Public Scoping Meeting
Pursuant to CEQA Guidelines § 15206(b)(1), projects that propose to amend a General Plan or Specific Plan, for
which an EIR has been prepared, are considered projects that are of “statewide, regional, or area wide
significance.” Accordingly, a public scoping meeting will be required pursuant to CEQA Guidelines §15082(c)(1).
In consultation with City staff, T&B Planning will facilitate one (1) public scoping meeting to present the various
aspects of the proposed project and to solicit comments regarding the scope and content of the EIR. It is
anticipated that City staff will secure a location for the meeting and advertise the meeting. T&B Planning will
prepare all visuals and handouts, which are budgeted separately as part of Task 4.3. Printed materials are
reimbursable expenses and will be invoiced in accordance with our HOURLY RATES AND BILLING POLICY, included herein
in EXHIBIT C.
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.
Task 2.2 Prepare Administrative Draft EIR
T&B Planning will commence with preparation of the Administrative Draft EIR immediately following completion
of the Project Description (Task 1.2) and distribution of the IS/NOP for public review (Task 1.3). 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 EIR will
be contracted directly by the Project Applicant. Following completion of the technical studies, T&B 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 EIR, 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.
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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 1.2, 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 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 • Noise
• Air Quality • Paleontological Resources
• Biological Resources • Population and Housing
• Cultural Resources • Public Services
• Geology and Soils • Recreation
• Greenhouse Gas Emissions • Transportation/Traffic
• Hazards and Hazardous Materials • Tribal Cultural Resources
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• Hydrology/Water Quality • Utility and Service Systems
• Land Use and Planning • 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 EIR 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 EIR 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 (i.e., Agriculture/Forest
Resources and Mineral Resources).
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
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 EIR and its supporting technical reports
will be submitted to the City and the Project Applicant for review and comment.
Task 2.3 Prepare 2nd and 3rd Administrative Draft EIRs
Based on comments received on the First Administrative Draft EIR 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
strikeout/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 EIR, 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
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Exhibit A: Intended Approach
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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 strikeout/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 EIR, 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 EIR 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 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 HOURLY RATES AND BILLING POLICY (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 1.3), 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
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Applicant, and the technical consultants as necessary, and, where necessary, 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, T&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
strikeout/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 the 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 EIR 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&B
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.
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 EIR 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 EIR 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 EIR 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.
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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.
Task 4.1 Meetings, Correspondence, and Coordination
All time spent by T&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 $15,780.00,
representing approximately 140 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 $2,000.00, 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.
Task 4.2 Prepare for and Attend Public Hearings
A T&B Planning Senior Associate will prepare for and attend up to two (2) public hearings, with one (1) before the
City Planning Commission and (1) before the City Council. 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 attendance at such hearings will instead be invoiced under 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 EIRs, 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
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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 HOURLY RATES 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 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&B Planning will provide the City with one (1) CD of the administrative
record prior to public review of the Draft EIR.
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 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 150 Hard Copies of Notice of Preparation
35 CDs of Notice of Preparation and Initial Study (for Responsible/Trustee
Agencies, local libraries, and City)
20 Hard Copies of Initial Study (for State Clearinghouse, local libraries, and City)
Postage for Public Review Certified Mailings (Up to 155 mailings)
First Administrative Draft EIR 1 CD with PDF version of EIR (including graphics) and Technical Appendices
4 Hard Copies of the Administrative Draft EIR (including 2 copies for the City, 1
copy for Project Applicant, and 1 copy for T&B Planning)
FedEx expense for delivery of EIR to City and Project Applicant
Second Administrative Draft EIR 1 CD with PDF version of EIR (including graphics) and Revised Technical Studies
4 Hard Copies of the Revised Administrative Draft EIR (including 2 copies for the
City, 1 copy for Project Applicant, and 1 copy for T&B Planning)
FedEx expense for delivery of EIR to City and Project Applicant
Third Administrative Draft EIR 1 CD with PDF version of EIR (including graphics) and Technical Appendices
4 Hard Copies of the Revised Administrative Draft EIR (including 2 copies for the
City, 1 copy for Project Applicant, and 1 copy for T&B Planning)
FedEx expense for delivery of EIR to City and Project Applicant
Public Review Draft EIR 11 Hard Copies of the Public Review Draft EIR (2 copies for City of Lake Elsinore, 2
copies for local libraries, up to 5 copies for Responsible/Trustee Agencies, 1 copy
for the Project Applicant, and 1 copy for T&B Planning)
Up to 45 CDs with PDF versions of the EIR and Technical Appendices (10 CDs for
City, 15 CDs for State Clearinghouse, and 20 CDs for distribution to Responsible/
Trustee Agencies)
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Deliverable Format of Deliverable
Up to 150 Hard Copies of Notice of Completion (NOC)
15 Hard Copies of Executive Summary and NOC Forms (for OPR)
Mailing Expenses, including:
o First-class mail postage for distribution of up to 130 copies of the Public
Notices/NOC 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 EIR, hard copies of the
NOC, and CDs to up to 5 Responsible/Trustee Agencies and the Project
Applicant; and
o FedEx expenses for delivery of the 15 hard copies of the Executive
Summary and 15 CDs to the State Clearinghouse.
Final EIR 3 Hard Copy of the Final EIR (1 copy for the City, 1 copy for the Project Applicant,
and 1 copy for T&B Planning)
1 CD with PDF versions of the Final EIR and Technical Appendices
FedEx expense for delivery of Final EIR to City and Project Applicant
1 Hard Copy of the NOD
Administrative Record 1 CD
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Exhibit B: Project Budget
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T&B Planning, Inc.
EXHIBIT B: PROJECT BUDGET
The services set forth in EXHIBIT A, Intended Approach, shall be provided pursuant to the following cost estimate:
Phase/Task Description Fee Type1,2 Budget Amount
Phase 1: Environmental Scoping
Task 1.1 Research, Data Acquisition, and Review Fixed Fee $1,940.00
Task 1.2 Prepare Project Description Fixed Fee $3,790.00
Task 1.3 Prepare Initial Study and Notice of Preparation Fixed Fee $6,740.00
Task 1.4 Prepare for and Attend Public Scoping Meeting Estimated Fee $2,340.00
Subtotal Phase 1: $14,810.00
Phase 2: Prepare Draft EIR and Distribute For Public Review
Task 2.1 Evaluate NOP Comment Letters Estimated Fee $1,160.00
Task 2.2 Prepare Administrative Draft EIR Fixed Fee $57,300.00
Task 2.3 Prepare 2nd and 3rd Administrative Draft EIRs Estimated Fee $26,790.00
Task 2.4 Prepare Mitigation Monitoring and Reporting Program Fixed Fee $2,480.00
Task 2.5 Prepare Notice of Completion and Public Review Draft EIR Fixed Fee $13,550.00
Subtotal Phase 2: $101,280.00
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 $11,970.00
Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations Fixed Fee $5,225.00
Task 3.3 Prepare and Post Notice of Determination Fixed Fee $680.00
Subtotal Phase 3: $17,875.00
Phase 4: Meetings, Project Management, and Quality Control
Task 4.1 Meetings, Correspondence, and Coordination Estimated Fee $15,780.00
Task 4.2 Prepare for and Attend Public Hearings Estimated Fee $2,900.00
Task 4.3 Document Publishing and Coordination Estimated Fee $6,365.00
Task 4.4 Administrative Record Filing Estimated Fee $2,620.00
Subtotal Phase 4: $27,665.00
Phase 5: Deliverables3
Task 5.1 Deliverables Estimated Fee $12,700.00
Subtotal Phase 5: $12,700.00
Total Estimated Labor Budget: $174,330.00
Notes:
1) Fixed Fees are based on the accompanying SCOPE OF WORK. These fees will not be exceeded unless the CITY OF LAKE ELSINORE AND/OR PROJECT APPLICANT
dictate changes to the SCOPE OF WORK.
2) Estimated Fees are for budgeting purposes. Work shall be performed under these tasks on a Time and Materials basis in accordance with our HOURLY
RATES AND 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 POLICY (EXHIBIT C).
Nichols South Specific Plan - EIR Proposal
Exhibit C: Hourly Rates and Billing Policy
Page 13
T&B Planning, Inc.
EXHIBIT C: 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. The rates identified below shall be in effect for the duration of the contract.
• Principal/Senior Designer ............................................................................... $185.00/Hour
• Senior Associate ............................................................................................ $145.00/Hour
• Senior Manager/Senior Planner ..................................................................... $125.00/Hour
• Project/GIS Manager ...................................................................................... $105.00/Hour
• Assistant Project Manager .............................................................................. .$95.00/Hour
• Project Planner ................................................................................................ .$85.00/Hour
• Environmental Analyst .................................................................................... .$85.00/Hour
• Staff Planner .................................................................................................... .$65.00/Hour
• Graphic Artist/GIS Technician ........................................................................ .$65.00/Hour
• Administrative Assistant/Assistant Planner .................................................... .$50.00/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). These
expenses will be billed at cost for public agency clients. Expert testimony and litigation support services will be billed at
double the above rates. Mileage is charged at the current Internal Revenue Service reimbursement rate.
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. 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 The
Client. 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 T&B Planning’s total labor fee for services rendered on this project.
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.
Nichols South Specific Plan - EIR Proposal
Exhibit D: Authorization Form
Page 14
T&B Planning, Inc.
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 Scoping; 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 1.3, Task 1.4, 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 $94,045.00. 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 $80,285.00, 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 C). The total cost
contracted is $174,330.00.
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
Joel Morse, Vice President
Name and Title (Print) Name and Title (Print)
November 20, 2017
Date Date