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HomeMy WebLinkAboutItem No. 04 PSA Altum Group Environmental Documentation Tiger Petroleum Commercial RetailCity of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °"` IKo - Text File File Number: TMP 19 -758 Agenda Date: 6/9/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency Agenda Number: 4) File Type: Council Consent Calendar City of Lake Elsinore Page 1 Printed on 61412020 CITY OF LADE '_0 LSIA0 E DREAM EXTREME- REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Damaris Abraham, Senior Planner Date: June 9, 2020 Subject: Professional Services Agreement with the Altum Group for Environmental Documentation for the Tiger Petroleum Commercial Retail Project Recommendation Authorize the City Manager to execute a Professional Services Agreement with The Altum Group to prepare California Environmental Quality Act (CEQA) compliance documents in an amount not to exceed $61,818 in such final form as approved by 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 project applicant (Danny Singh, Tiger Petroleum, Inc.) through the application fee process pays for the cost of preparing the environmental analysis. Discussion The applicant has submitted an entitlement application for a new commercial retail center located at the northwest corner of Mountain Street and Lake Street (APNs 389 - 030 -012 through 018). The project proposes development of approximately 32,695 square feet (SF) of commercial retail on approximately 5.6 acres of land. The project will consist of a 3,400 SF convenience store with an attached 1,525 SF Quick -Serve Restaurant, a 4,089 SF gas fueling canopy, a 3,150 SF express car wash, two 4,850 SF retail buildings, a 3,320 SF drive - through restaurant with an attached 1,600 SF retail building, and a 2,500 SF drive - through restaurant with an attached 2,400 SF retail building. The project will provide a total of four (4) access points; two (2) located along Mountain Street and two (2) located along Lake Street. It is anticipated that the proposed application will require the preparation of an Environmental Impact Report (EIR). To date, several technical studies have been prepared for the proposed project including a Traffic Report, Air Quality /Greenhouse Gas (GHG) Emissions Report, Noise Report, Hydrology Report, Biological Report, Cultural Resources Report, Phase 1 Environmental Site Assessment, Paleontology Report, and Geotechnical Report. The Altum Group will utilize the above technical studies to prepare detailed analysis for the project as required by CEQA. Page 1 of 2 The Altum Group Agreement 06/09/2020 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 Tiger Petroleum Commercial Retail project. Exhibits A — Agreement B — Proposal Page 2 of 2 AGREEMENT FOR PROFESSIONAL SERVICES THE ALTUM GROUP TIGER PETROLEUM COMMERCIAL RETAIL PROJECT This Agreement for Professional Services (the "Agreement ") is made and entered into as of June 9, 2020, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and The Altum Group, a California Corporation. ( "Consultant "). RECITALS A. The City has determined that it requires the following professional services: CEQA consulting services for the Tiger Petroleum Commercial Retail Project ( "Project "). B. Consultant has submitted to City a proposal, dated April 29, 2020, 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, 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. @BCL @C80DA9DA Page 1 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 Sixty one thousand and eight hundred eighteen dollars ($61,818) 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. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant's prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 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. Page 2 7. Plans, Studies, Documents. a. 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 shall have sole determination of the public's rights to documents under the Public Records Act, and any third - party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. 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. C. 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. Page 3 b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in- interest. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, 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. 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. 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 Page 4 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. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and /or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and /or business licenses, certifications and /or permits necessary for performing the services described in this Agreement, including a City business license. 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 Page 5 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 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. Page 6 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. 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. 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. Page 7 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: The Altum Group Attn: Doug Franklin, Vice President 73 -710 Fred Waring Drive, Ste 219 Palm Desert, CA 92260 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. 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. 20. 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. Page 8 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 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 Page 9 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. Counterparts. 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. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant's Proposal is incorporated only for the description of the scope of services and /or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant's Proposal. 30. 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. [Signatures on next page] Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Click or tap here to enter text. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager Attachments: Exhibit A — Consultant's Proposal Exhibit B — List of Subcontractors "CONSULTANT" The Altum Group, a California Corporation By Its Page 11 Doug Franklin Vice President .■ CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A .■ LIST OF SUBCONTRACTORS [ATTACHED] The E3 Altum Group April 29, 2020 Mr. Damaris Abraham Senior Planner City of Lake Elsinore 130 South Main St. 73 -710 Fred Waring Dr. Suite 219 Palm Desert, CA 92260 760.346.4750 Tel 760.340.0089 Fax Lake Elsinore, CA 92530 Subject: Proposal to Prepare Tiger Petroleum Commercial Center Retail Project Environmental Impact Report Dear Ms. Abraham; The A/tum Group (A/tum) is pleased to submit our proposal to the City of Lake Elsinore (City) to prepare a California Environmental Quality Act (CEQA) document examining a proposed commercial development on the northwest corner of Mountain Street and Lake Street. The project involves construction of a gas station, a car wash, and several drive - through restaurants and retail stores on a 5.6 -acre undeveloped parcel of land. Our firm has direct experience with preparing CEQA documents for projects in the County of Riverside and are familiar with the local regulatory framework. Past projects include gas stations, quick service restaurants, retail stores, and larger commercial complexes across Southern California. Our experience preparing documentation for gas station and commercial developments includes recent, similar projects in Moreno Valley, Bloomington, Escondido, and Anaheim. We also recently wrapped up analysis of a gas station project for the Twentynine Palms Band of Mission Indians. We understand the issues that are applicable to these types of developments and have a strong understanding of the analysis required under CEQA. Our team has the knowledge and background to provide legally - defensible CEQA documentation, delivered on -time and within budget. We are excited to support the City of Lake Elsinore on this project. If you have any questions about our technical capabilities, experience, or staff, please do not hesitate to contact me at 858 - 414 -7363 or chris.moore @thealtumgroup.com. Sincerely, L Chris Moore, AICP, ENV SP Director of Urban and Environmental Management The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore PROJECT APPROACH The City of Lake Elsinore is requesting proposals for the preparation of a CEQA Environmental Impact Report (EIR) for the Tiger Petroleum Commercial Retail Project (proposed project). The proposed project is located at the northwest corner of Mountain Street and Lake Street in Lake Elsinore, Riverside County, California (APNs 389 - 030 -012 through 018). The project site is largely vacant with the exception of a single - family residential building located on the western frontage of APN 389 - 030 -014. The project proposes development of approximately 32,695 square feet (SF) of commercial retail on approximately 5.6 acres of land. The Project will consist of a 3,400 SF convenience store with an attached 1,525 SF Quick -Serve Restaurant, 4,089 SF gas fueling canopy, a 3,150 SF express car wash, two 4,850 SF retail buildings, a 3,320 SF drive - through restaurant with an attached 1,600 SF retail building, and a 2,500 SF drive - through restaurant with an attached 2,400 SF retail building. The Project will provide a total of four (4) access points; two (2) located along Mountain Street and two (2) located along Lake Street. The City of Lake Elsinore will serve as the Lead CEQA Agency. To date, several technical studies have been prepared for the proposed project including a Traffic Report, Air Quality /Greenhouse Gas (GHG) Emissions Report, Noise Report, Hydrology Report, Biological Report, Cultural Resources Report, Phase 1 Environmental Site Assessment, Paleontology Report, and Geotechnical Report. Altum assumes the above technical studies, which have been prepared by the applicant's consultants, will be provided by the City at the time of project initiation. Altum will utilize the above technical studies to prepare detailed analysis for the project as required by CEQA. The following tasks outline our scope of work for the preparation of the EIR for the proposed project. SCOPE OF WORK Task 1- Project Initiation and Kick -off Meeting Once the project is awarded, Altum will set up a kick -off meeting with City staff to discuss the proposed project, project history, specific project issues, background data, project alternatives, and review the schedule and scope of work for preparation of the EIR. We will discuss communication protocols and procedures for review for various tasks. Altum's Project Manager and Lead Environmental Analyst will attend the kick -off meeting. We assume the kick -off meeting will be approximately two (2) hours. We assume that this kick -off meeting may be handled remotely (if necessary, due to coronavirus) via video conference or teleconference. Following the project kick -off meeting, Altum will prepare meeting minutes for submittal to the City. Altum's Project Manager will conduct a project site visit around the time of the kick -off meeting, and possibly on the same day. Altum will take photographs of the project site and make observations of the existing project site conditions during the site visit. At the time of the project kick -off meeting, Altum will prepare a project schedule for review by the City. Altum assumes one (1) round of review (of the project schedule) by the City, and one (1) round of revision by Altum. Altum assumes that at the time of project kick -off, the City will provide all the applicant prepared (prepared by the applicant's consultants) technical studies (identified in the Project Approach, above). Altum will submit (to the City) a Data Needs List at the time of the project kick -off meeting. The Data Needs List will indicate all project information, technical reports, and other information that will be needed for the preparation of the EIR document. Based upon information provided by the City, Altum will prepare a CEQA project description for review. We assume the project description will require one (1) round of review comments by the City and one (1) round of revisions by Altum. We assume the City will coordinate with the applicant to verify that the project description prepared by Altum is accurate. We will also identify and describe the attributes of Project Alternatives to be Page 1 2 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore analyzed in the EIR for the City's review, comment and /or approval. Altum assumes the EIR will include the Project, the No Project Alternative, and one alternative to the Project. Task 2 - Initial Study /Notice of Preparation Based on the approved Project Description and description of Project Alternatives, Altum will prepare a Draft CEQA Initial Study and Notice of Preparation (NOP) packet for City review, comment, and approval. The Initial Study will describe the proposed project, identify those environmental issues that the City has already determined to be potentially significant and meriting further analysis in the EIR, and more importantly, for the remaining environmental issues not expected to require further analysis, provide a rationale supporting such a finding that is technically accurate and legally defensible. For the purpose of the NOP, (and consistent with the CEQA Guidelines, section 15082) the Initial Study will provide sufficient information describing the project and the potential environmental effects to enable responsible agencies to make a meaningful response. Following review, Altum will revise the Initial Study and NOP packet accordingly and ready it for circulation. Altum will also prepare a Notice of Completion (NOC) and Summary Form to accompany the NOP /IS package submittal to the California Office of Planning and Research (OPR) (or State Clearinghouse). Altum will assist the City to circulate the NOP /IS packet to the Distribution List including the OPR, the Riverside County Clerk, and any responsible and trustee agencies. Altum will prepare and mail fifteen (15) hard copies of the NOP /IS packet (including NOC and Summary Form), via certified mail, to the OPR for circulation. Also, Altum will prepare and mail CDs (or DVDs) of the NOP /IS packets (including NOC and Summary Form), via certified mail, to the Riverside County Clerk, any responsible and trustee agencies, owners and occupants of contiguous properties, people and /or organizations identified on the City's Distribution List. We assume that Altum will mail out a maximum of one - hundred (100) NOP /IS packets to all recipients as specified in the prior sentence. Altum will provide the City with an electronic version of the NOP /IS packet (including NOC and Summary form) in both PDF and MS Word. Altum assumes the City will make the NOP (including Initial Study) available via its website and will make the document available at local libraries and at City Hall. Altum assumes we will not be responsible for placing (nor paying expenses related to) notices in local newspapers (announcing the NOP), however, we can provide such assistance to the City for an additional scope and fee if requested. Task 3 - Scoping Meeting Altum will assist the City in the planning logistics, and attendance at one (1) public Scoping meeting during the 30 -day circulation of the NOP. Altum will assist City staff to determine the format, strategies, and content of the Scoping meeting, and other Scoping meeting details. Altum's role in the Scoping meeting will be limited to providing assistance to the City. The Scoping meeting will allow the public and /or agencies to provide input regarding the scope of issues to be analyzed in the EIR. Altum's project manager will attend the Scoping meeting. Altum assumes the Scoping meeting may be held as a traditional /in- person meeting, or it may be held as a virtual or video conference (using Zoom or similar platform) meeting. If requested by the City, and for an additional scope and fee, Altum can provide a Scoping Report document summarizing and compiling comments received during the Scoping meeting and in response to the NOP. Task 4 -Administrative Draft EIR Altum will prepare an Administrative Draft EIR that will include the following components: Executive Summary— Summary of the Draft EIR, providing a synopsis of the project description, project impacts, mitigation measures, and alternatives analysis. Page 1 3 The Group tu El 5 Gr Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore ■ Introduction — Provides information on the purpose of and authority for the preparation of the EIR, identifies the project applicant, identifies the lead agency and responsible /trustee agencies, and provides a list of places where the Draft EIR is available for review and how to provide comments to the lead agency within the 45 -day public review period. ■ Protect Description, as prepared in Task 1 - Describes the project location and environmental setting, project characteristics including the size of the project site and the area to be affected, other agencies who have oversight of the project and any other pertinent information. ■ Environmental Impact Analysis — This section of the EIR will begin with an introduction describing its content and structure and present an overview of the methodological approaches used during the impact assessment process. Issues to be addressed in the EIR include: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services, Transportation and Traffic, Tribal Cultural Resources, and Utilities and Service Systems. Note that analysis of Energy can be added to the EIR through selection of Optional Task A. At the time of the preparation of the Administrative Draft EIR, it may be determined that some of the above issues can be dismissed as not being potentially impacted by the Project, and therefore Considered But Eliminated. As applicable, the analysis of the impacts associated with each topic will address the project's short - term, long -term, direct, indirect, and cumulative effects. The section for each issue will be presented as follows: • Introduction • Existing Conditions • Thresholds of Significance • Methodology • Impact Analysis • Cumulative Impacts • Findings of Impact Significance (prior to mitigation) • Mitigation Measures • Level of Impact Significance after Mitigation The Environmental Impact Analysis section will be supported by the following technical reports which the City will provide at the time of project kick -off, and that have been prepared by the applicant's consultants: Air Quality /Greenhouse Gas Emissions Report, Biological Resources Report, Cultural Resources Report, Geotechnical Report, Hydrology Report, Phase 1 Environmental Site Assessment, Paleontological Resources Report, Noise Report, and Traffic Impact Assessment Report. The Altum Group assumes that all the above technical reports will provide an adequate discussion of the environmental setting, regulatory environment, thresholds of significance, methodology, impact analysis, cumulative impacts, mitigation measures, and level of significance after mitigation. Should the technical reports be inadequate for Altum's use in the EIR, then it could either result in schedule delay (so the applicant's consultant can revise the studies), or it could require an additional scope and fee for Altum to complete the additional analysis that is necessary for the EIR. ■ Alternatives — Three (3) alternatives (including the no- project alternative) will be developed in consultation with City staff. We assume that alternatives to the project will not involve a location other than the project site. The section will conclude with a discussion of the environmentally superior alternative. Page 14 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore ■ Other CEQA Sections - Required analysis includes: • Growth Inducing Impacts • Unavoidable Adverse Effects • Irreversible Commitment of Resources • Short -term vs Long -term Impacts • Impacts Found to be Less Than Significant ■ References, Organizations and Persons Consulted, Report Preparers ■ Technical Appendices— includes the NOP, public comments on the NOP and technical studies that were used to prepare the EIR. Upon completion of the Administrative Draft EIR, Altum will provide the document in electronic format (MS Word and PDF) to City staff for up to two (2) rounds of review. Hard copies of the Administrative Draft EIR can be provided at an additional cost for production and delivery. Altum will revise the document based on comments received and resubmit the document to the City as the Revised Administrative Draft EIR. Following receipt of a second round of comments, if required, Altum will produce the Final Administrative Draft EIR for the City. Altum anticipates that the document will be revised within three weeks of receipt from each round of comments. Technical Approach to Environmental Issue Areas The following is Altum's proposed technical approach to the required issue areas within the EIR document. Aesthetics This section of the EIR will include a discussion of Aesthetics, addressing all questions included within the initial study checklist for the Aesthetics topic. Altum will utilize photos and observations taken during the project site visit (see Task 1) as well as aerial photo interpretation, and use of building elevations and other project description info provided by the City (via the applicant and their architect, etc.) evaluate the Aesthetics impacts of the project, as well as mitigation measures as may be necessary. Air Quality /Greenhouse Gas Emissions This section of the EIR will include a discussion of Air Quality and Greenhouse Gas (GHG) Emissions related issues based on the technical report prepared by the applicant's consultant (to be provided by the City at the time of project kick -off). Altum will also review air quality information provided in the City's General Plan and associated EIR, the South Coast Air Quality Management District (SCAQMD) CEQA Air Quality Handbook, and any applicable construction - related ordinances to determine the project's air quality impacts and recommend mitigation measures as necessary. Biological Resources This section of the EIR will include a discussion of biological resources based on information provided in the Biological Resources Report prepared by the applicant's consultant (to be provided by the City at the time of project kick -off), as well as information in the City's General Plan and associated EIR, and the Western Riverside County Multiple Species Habitat Conservation Plan. The discussion of biological resources will determine any potentially significant impacts and will recommend mitigation measures as may be necessary. Cultural Resources Page 1 5 The EI 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore This section of the EIR will include a discussion of Cultural Resources based on information provided in the Cultural Resources Report prepared by the applicant's consultant (to be provided by the City at the time of kick- off), as well as information in the City's General Plan and associated EIR. The discussion of cultural resources will determine any potentially significant impacts and will recommend mitigation measures as may be necessary. Geology and Soils This section of the EIR will include a discussion of Geology and Soils based upon information provided in the Geotechnical Report prepared by the applicant's consultant (to be provided by the City at the time of project kick -off). Development of the site would expose a large amount of soil to wind and water erosion and since the project site is located within the SCAQMD, it will be subject to the requirements of Rule 403, Fugitive Dust. The EIR will incorporate these requirements into this section as they pertain to soil erosion. Additionally, the project will be required to prepare a Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP) in compliance with the regional MS4 Permit and Statewide General Construction Permit. This section will include a discussion of these requirements as they pertain to water erosion. This section will also analyze potential impacts from faults, seismic activity, landslides, liquefaction, and expansive soils. Hazards and Hazardous Materials This section of the EIR will include a discussion of Hazards and Hazardous Materials based upon information provided in the Phase 1 Environmental Site Assessment prepared by the applicant's consultant (to be provided by the City at the time of project kick -off). Altum will review and incorporate a hazards discussion based on information provided in the Phase I Environmental Site Assessment (prepared by others) and the City's General Plan and associated EIR. The hazards discussion will determine any potentially significant impacts and will recommend mitigation measures, as necessary. Hydrology and Water Quality Altum will evaluate the project - related storm water and water quality (NPDES) impacts associated with development of the site. The EIR will focus on impacts, including construction schedule related impacts, to the site plan and the potential development of the site. These will be considered in conjunction with any related water quality treatment approaches. Land Use and Planning Altum will discuss the project's consistency with land use plans, policies, and regulations adopted by the City. The analysis will discuss the consistency of the project with the Land Use Element of the City's General Plan and the development standards of the City's Municipal Code. Compatibility with surrounding /nearby land uses will also be discussed in detail. The land use discussion will determine any potentially significant impacts such as incompatibility with allowable land uses and will recommend mitigation measures as may be necessary. Noise Altum will discuss noise - related impacts based on information provided in the Noise study prepared by others, as well as information in the City's General Plan and associated EIR. Altum will also review any applicable Noise Control Ordinances and applicable construction - related ordinances in determining any potentially significant impacts and will recommend mitigation measures as may be necessary. Population and Housing Altum will prepare a Population and Housing section of the EIR which will evaluate potential project impacts relating to the potential for the project to induce substantial population growth in the area (either directly or indirectly). Also, this section of the EIR will evaluate the potential for the project to displace substantial numbers Page 1 6 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore of existing people or housing, which would necessitate the construction of replacement housing elsewhere. The discussion of population and housing will determine any potentially significant impacts and will recommend mitigation measures as may be necessary. Public Services Based on consultation with various service providers, Altum will document the project demands created on schools, libraries, parks and recreational facilities, hospitals, fire, and police services and discuss such demands on available service delivery- system capacities. The discussion of public services will determine any potentially significant impacts and will recommend mitigation measures as may be necessary. Transportation and Traffic Altum will discuss transportation /traffic - related issues based on information provided in the Traffic Impact Assessment Report prepared by the applicant's consultant (to be provided by the City at the time of kick -off), as well as information in the City's General Plan and associated EIR. The traffic discussion will determine any potentially significant impacts and will recommend mitigation measures as may be necessary. Tribal Cultural Resources This section of the EIR will include a discussion of Tribal Cultural Resources based on information provided in the Cultural Resources Report prepared by the applicant's consultant (to be provided by the City at the time of kick -off), as well as results of the City's Tribal Consultation efforts. The discussion of tribal cultural resources will determine any potentially significant impacts and will recommend mitigation measures as may be necessary. Utilities and Service Systems This section will evaluate the availability of utilities to serve the project site. This evaluation will include any temporary or phased connections necessary until the planned facilities can be provided to the project site. This section will focus on construction schedule related impacts to the site plan and the potential development of the site, including domestic water, reclaimed water, and sewer demands. This section will also identify and analyze other improvements necessary to serve the site. Task 5 - Public Draft EIR For this task, Altum will complete minor revisions of the Final Administrative Draft EIR per City comments and provide a "proof check" copy of the document for final review and authorization to print /distribute. Once approved, Altum will prepare three (3) hard copies and ten (10) CDs for the City and fifteen (15) CDs for the State Clearinghouse (OPR) submittal. Altum will also prepare the Notice of Availability (NOA), Notice of Completion (NOC) and Summary forms for submittal to the State Clearinghouse (or OPR). Altum will distribute the Draft EIR to the State Clearinghouse /OPR, Riverside County Clerk and other agencies and interested parties for the required 45 -day public review period. Altum will prepare and mail fifteen (15) CDs of the Draft EIR (including NOA, NOC and Summary Form), via certified mail, to the OPR for circulation. Also, Altum will also prepare and mail three (3) hard - copies and ten (10) CDs of the Draft EIR to the City. The NOA will be provided electronically (and /or via certified mail) to the Riverside County Clerk, any responsible and trustee agencies, owners and occupants of contiguous property, people and /or organizations from the City's Distribution List, and to any person or organization requesting, or who previously requested, a copy of the notice. Altum assumes we will provide the NOA via certified mail to no more than one - hundred (100) total recipients. Altum will provide the City with an electronic version of the Draft EIR in both PDF and MS Word. Altum assumes the City will make the Draft EIR available via its website and will make the document available at local libraries and at City Hall. Altum assumes we will not be responsible for Page 1 7 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore placing (nor paying expenses related to) notices in local newspapers (announcing the availability of the Draft EIR), however, we can provide such assistance to the City for an additional scope and fee if requested. Task 6 - Administrative Final EIR Upon completion of the public review period, Altum will review comment letters and provide a summary of comments and strategy for preparing responses. Altum will compile comments on the Draft EIR and annotate comment letters for City review. Following staff review of the City's comments to the responses to comments (assume one round with second review as part of the compiled Final EIR) Altum will prepare errata and revise Draft EIR (if necessary, anticipate only minor editorial revisions). For this task, Altum assumes we will provide comment responses for a maximum of twenty -five (25) unique, substantive comments. Altum will provide comment responses for additional comments (beyond 25) for an additional scope and fee. Altum will provide two (2) hard copies of the Administrative Final EIR to the City. Copies of the Administrative Final EIR will also be provided to City staff in electronic format (MS Word and PDF). Task 7 - Mitigation Monitoring and Reporting Program Altum will prepare a Mitigation Monitoring Program (MMRP) which identifies all requisite mitigation measures, the timing for their implementation, and the entity responsible for implementation (City, other agency, Applicant, Contractor, etc.). Altum will provide a digital submittal of the MMRP for City review. Altum assumes one (1) round of City review of the MMRP and one (1) round of revisions by Altum. Task 8 - CEQA Findings Altum will prepare Findings of Fact and Statement of Overriding Considerations if there are any impacts that cannot be mitigated to less than significant levels. Altum will prepare draft Findings of Fact for each environmental issue and a Statement of Overriding Consideration for City review. Altum will coordinate with the City to finalize the Findings. The Findings of Fact and Statement of Overriding Considerations will be submitted digitally to the City for one (1) round of review and one (1) round of revisions by Altum. Task 9 - Final EIR Upon approval of the project and certification of the EIR, a Final EIR document will be assembled. The Final EIR document will include the Draft EIR (as revised), public comments and responses, MMRP, and other relevant data such as the CEQA findings and resolutions. Altum will provide three (3) hard copies and ten (10) CDs to the City along with a version in MS Word and a Web -Ready PDF for posting on the City's website. Altum will also prepare a Notice of Determination (NOD) to be filed with the Riverside County Clerk and State Clearinghouse once the Final EIR is approved. Altum will submit the NOD digitally to the City and will respond to one (1) round of comments from the City and make one (1) round of revisions to the NOD. Task 10 — Project Management and Coordination For this task, Altum's project manager will manage the scope, schedule, budget, and communication with the City during the assumed (approximate) 9 -month duration of the project. This task covers the project manager's attendance and preparation for a maximum of three (3) teleconference calls and regular telephone and email communication with City staff (excluding the Kickoff Meeting above) during the approximate 9 -month duration of the project. This task does not include any in- person meetings. If requested by the City, and for an additional scope and fee, Altum's project manager is available to attend Planning Commission meetings or City Council meetings as may be necessary for approval of the EIR. Altum can attend additional meetings and /or public hearings (if requested by the City) for an additional scope and fee. Page 1 8 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore Optional Task A — Energy Analysis If Optional Task A is selected by the City, Altum will provide an Energy Analysis for incorporation into the EIR document. This task includes only the Energy section of the EIR (and related worksheets to be included as a technical appendix) but does not include an Energy technical report. Altum will prepare the Energy section of the EIR with the following steps. • Provide a project description that includes all energy efficiency features or renewable energy features that will be incorporated into the proposed project as well as details the project location and nearby sensitive receptors. • Identify thresholds of significance for energy usage. • Identify the construction energy usage through utilization of the CalEEMod model run developed for the air quality analysis (as provided by the Air Quality /GHG Emissions Report, provided by the City at the time of project kick -off) to quantify the total hours off -road equipment will operate, the total worker miles traveled, and total haul and vendor truck miles traveled during construction of the proposed project. Utilize the fuel usage factors from OFFROAD2011 and off -road equipment operating hours to calculate the fuel usage from the off -road equipment. Utilize the vehicle fleet average miles per gallon rates from EMFAC2017 and the worker and truck vehicle miles traveled to calculate the fuel usage from on -road construction trips. • Identify the operational energy usage through utilization of the CalEEMod model run developed for the air quality analysis (as provided by the Air Quality /GHG Emissions Report, provided by the City at the time of project kick -off) to quantify electricity and natural gas usage rates from operation of the proposed project as well the total vehicle miles traveled from operation of the project. Utilize the vehicle fleet average miles per gallon rates from EMFAC2017 and the total vehicle miles traveled to calculate the fuel usage from operation of the proposed project. • Provide an assessment of how the applicable renewable energy and energy efficiency rules and regulations will be implemented by the proposed project and where possible, quantify the energy savings achieved through implementing each rule and regulation. If the proposed project is found to be inconsistent with any rule or regulation, provide mitigation to ensure the project meets the requirements. • Utilize the results of the above tasks to develop responses to each of the energy related CEQA checklist questions. • Prepare an Energy section of the EIR which includes a complete analysis of the Energy topic, and includes a discussion of Environmental Setting, Impacts, and Mitigation Measures, and is consistent with format of other sections of the EIR. SCHEDULE Based on our understanding of the environmental issues for the project, Altum believes that this EIR can be completed within approximately nine (9) months from the time of Altum's receipt of an executed contract, the project kickoff meeting, receipt of all technical reports (prepared by applicant's consultants), and including receipt of a complete project description. A more detailed project schedule will be developed and provided to the City at the time of project kickoff (see Task 1). ASSUMPTIONS AND EXCLUSIONS The following list of assumptions and exclusions is not intended to be all- inclusive. If there are items that are deemed incorrect or are necessary for the successful completion of the project, please notify us so that we may amend the scope of services and associated fee. Page 1 9 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore 1. Altum may amend the scope of work and fee herein based upon City comments, agency review, or public comments prior to agency approval; 2. Submittal fees, application /permit fees and reimbursables are not included; 3. Access to the project site is clear, or the property owner will provide authorization for Altum staff to access the site; 4. The project site is not located within any Indian lands and is not subject to tribal review. Altum assumes all processing will be through the City of Lake Elsinore only; 5. Preparation of improvement agreements and related development tasks are excluded; 6. This scope of work assumes that the project description will remain unchanged throughout the life span of the Project, and any changes to the project description after Altum have started work, will require a contract amendment to adequately amend all deliverables to changes in the project description. DELIVERABLE' All deliverables will be submitted to the City as detailed below. Project Initiation and Kick -Off Meeting • Electronic copy of Meeting Minutes for Kick -Off Meeting (MS Word and PDF) • Electronic copy of Data Needs List (MS Word and PDF) • Electronic copy of Project Description (MS Word and PDF) • Electronic copy of project schedule (Excel or MS Project, and PDF) Initial Study /Notice of Preparation • Fifteen (15) hard - copies of the IS /NOP packet (including NOC and Summary form) provided to OPR via certified mail. • Hard - copies of the IS /NOP packet (including NOC and Summary form) provided to the Riverside County Clerk, and any responsible and trustee agencies via certified mail. As many as one - hundred (100) CD or DVD copies of the IS /NOP packet (including NOC and Summary form) provided to interested persons, property owners (or occupants), or stakeholders (identified on the City's Distribution List) via certified mail. • Electronic copy (MS Word and PDF) of the IS /NOP packet (including NOC and Summary form) Administrative Draft EIR ■ Electronic copy (MS Word and PDF) of the Administrative Draft EIR Draft EIR for Public Review • Three (3) bound copies and ten (10) CDs of the Draft EIR submitted to the City • Fifteen (15) CDs of the Draft EIR (including Summary, NOA, and NOC forms) via certified mail to the OPR /State Clearinghouse. • NOA submittal (electronically and /or via certified mail) to the Riverside County Clerk, responsible and trustee agencies (if any), owners /occupants of contiguous properties, and to the City's Distribution List (maximum of one - hundred [100] total recipients). • Electronic copy (MS Word and PDF) of the Draft EIR • Electronic copy of the Summary, NOA, and NOC forms (MS Word and PDF) Administrative Final EIR • Electronic copy (MS Word and PDF) of Comment Responses (up to 25 substantive comments) • Two (2) hard copies of the Administrative Final EIR Page 1 10 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore ■ Electronic copy (MS Word and PDF) of the Administrative Final EIR Mitigation Monitoring and Reporting Plan (MMRP) ■ Electronic submittal (MS Word and PDF) of the MMRP CEQA Findings ■ Electronic submittal (MS Word and PDF) of Findings of Fact and Statement of Overriding Considerations Final EIR • Three (3) bound copies, ten (10) CDs, and digital submittal (MS Word and web -ready PDF) of the Final EIR (includes Draft EIR, Comment Responses, MMRP, and CEQA Findings) • Electronic submittal (MS Word and PDF) of Notice of Determination (NOD) FEE ESTIMATE Altum will provide the scope of work detailed above on a time and materials (T &M) basis for a not -to- exceed fee of $61,818 as further detailed below. Altum billing will be based upon Altum's standard billing rates as provided as the last page of this proposal. 1 Project Initiation and Kick -off Meeting 2 Initial Study /Notice of Preparation (includes NOC & Summary forms) 3 Scoping Meeting 4 Administrative Draft EIR 5 Public Draft EIR (including NOA, NOC, and Summary forms) 6 Administrative Draft Final EIR 7 Mitigation Monitoring and Reporting Program 8 CEQA Findings 9 Final EIR 10 Project Management and Coordination Total Fee Optional Task A Energy Analysis Page 1 11 $3,980 $5,470 $1,730 $19,748 $8,178 $6,702 $1,666 $1,587 $6,535 $6,222 $61,818 $2,981 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore QUALIFICATIONS Firm Profile The Altum Group is a multi - discipline consulting firm offering expertise in The environmental planning, physical /policy planning, geographical information Altum systems, civil engineering, surveying, and project management. The Altum waGroup Group began with a core group of experienced professionals each with Strive Higher decades of experience in providing consulting services to public and private clients. The firm now employs 30 professionals and supporting staff with diverse levels of expertise that allows us the ability to provide a wide array of services Altum's planning and environmental team has successfully completed numerous environmental documents together for both private and public clients as required by CEQA and NEPA. Our staff have a strong understanding of these requirements and have prepared environmental documents for more than 120 individual projects to date. This includes preparing Initial Study and Mitigated Negative Declarations (IS /MNDs) and Environmental Impact Reports (EIRs) for residential, commercial, and mixed -use developments; large master plans and specific plans; general plan amendments; rezoning projects; and parks and recreation projects. Our Environmental Planning staff has also prepared NEPA documents including Environmental Assessments (EAs) and Environmental Impact Statements (EIS's). We have extensive experience managing contracts with local agencies and we have prepared environmental documents for projects within short time frames and with potential opposition. Assigned Staff Chris D. Moore, AICP, ENV SP — Director of Urban and Environmental Management Role: Project Manager Education: M.S., Community and Regional Planning, University of Texas at Austin, 1998; B.A., Environmental Biology and Environmental Conservation (double major), University of Colorado at Boulder, 1994 Mr. Moore has over 20 years of experience in the environmental and urban planning fields. He has managed or contributed to a wide variety of projects, primarily within the western U.S., related to NEPA, CEQA, Endangered Species Act, Section 404 of the Clean Water Act, and Section 106 of the National Historic Preservation Act, among other regulations. He has been involved in hundreds of development projects of many types, from early due diligence, through planning /permitting, construction -phase compliance, and post- construction restoration. He has managed the preparation of environmental documentation, technical reports, and planning documents for commercial, mixed -use, residential, and recreation projects, water infrastructure, oil and gas pipeline projects, and other projects. Mr. Moore has managed CEQA on -call contracts and projects throughout Southern California for diverse clients including the Cities of Rancho Cucamonga, Menifee, Rialto, Moreno Valley, Solana Beach, Escondido, Lake Forest, Coachella and Palm Desert, the Coachella Valley Association of Governments, Jurupa Valley Recreation District, and the California High Speed Rail Authority. Page 1 12 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore Rich Malacoff, AICP - Principal Planner Role: Technical Advisor Education: Master of Urban Planning, Hunter College of The City University of New York; ` New York City, New York, Bachelor of Science, Geography, Florida State University; Tallahassee, Florida Certifications: American Institute of Certified Planners (AICP), cert. #006811 Mr. Malacoff has over 30 years of experience in land use planning and environmental impact analysis in Southern California. He brings a high level of CEQA knowledge and understanding to the project team through his work for various municipalities where he provided oversight for required CEQA documents, assisted with review of consultant provided studies, and helped develop strong mitigation monitoring and reporting programs. He has managed major projects including institutional, residential, commercial and industrial developments for several regional cities (Redlands, Desert Hot Springs, and Cathedral City) and is currently overseeing projects from the private sector. Recently, he provided contract planning services to the City of Redlands. He is now working with developers to fulfill land use entitlements for multiple private development projects throughout Southern California. MaxAntono - Assistant Environmental Planner/GISAnalyst R Role: Lead Technical and GIS Analyst Education: BA, Environmental Business, University of Redlands Mr. Antono is an experienced professional in the environmental planning field. He has a r diverse background in the environmental field, ranging from working with conservancies in plant biology to environmental non - profits. Through these experiences and his technical education, Mr. Antono provides a detailed approach to CEQA /NEPA document preparation and provides a solid understanding of biological practices and the physical environment. He is also integrally involved with Altum's GIS services team and is familiar with the - g Y program and creating high - quality maps and exhibits. Currently he is assisting in the preparation of a number of environmental documents including the IS /MNDs for several parks in the City of Jurupa Valley, and an EIR Addendum for a proposed 50 -mile, alternative transportation corridor throughout the Coachella Valley for the City of Palm Desert. He is currently involved in a Planning /land use /GIS project for the City of National City. James Bazua, P. E., 05DI05P —Chief Engineer Role: Hydrology and Water Quality Education: BS, Civil Engineering, San Diego State University Mr. Bazua has over 20 years of experience in Civil Engineering design and his "hands on" involvement with projects begins with planning -level design through preparation of construction documents for approval. His specific areas of expertise encompass design of water and sanitary sewer systems, storm drain systems, and preparation of hydrologic and hydraulic studies using StormCAD and WSPG software. Mr. Bazua is certified as a Qualified SWPPP Practitioner (QSP) and Developer (QSD) and inspects projects for compliance with SWPPP requirements. He is one of the founding members of The Altum Group and has been integrally involved with all engineering projects done by the firm. As Altum's Stormwater Lead, Mr. Bazua oversees preparation of Stormwater Pollution Prevention Plans ( SWPPP) for projects over 1- acre in size. Page 1 13 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore Kevin Manning — Planning Manager Role: Technical Analyst Education: B.A., Urban Studies, University of California, Riverside; Certificate in City Planning, University of California, Riverside Certifications: Qualified SWPPP Practitioner (QSP); CESSWI: Certified Erosion, Sediment and Stormwater Inspector Mr. Manning has over 40 years of professional planning experience working in Southern California. Prior to joining The Altum Group, he worked in high -level management positions at a number of private development companies, served as a Supervising Planner with the County of Riverside, and offered independent services through his own consultancy. Mr. Manning is knowledgeable of local policies and procedures for developing for large -scale housing tracts from entitlement through construction. He has secured permits at varying stages of development, helped process applications through regional agencies, and ensured compliance with mitigation measures. His project experience includes housing developments, apartment complexes, cell towers, school sites, and public works infrastructure facilities. Mr. Manning is currently assisting with preparation of a controversial development in Imperial County as well as overseeing local contracts with private developers. Maribel Covarrubias - Assistant Planner /Project Coordinator Role: Technical Analyst and Project Coordinator Education: BS, City and Regional Planning, Cal Polytechnic State University, San Luis Obispo Ms. Covarrubias is an assistant Planner with The Altum Group working to provide entitlement support, code development, and regional planning documents. She is also well- versed in the California Environmental Quality Act (CEQA) and assists with technical analysis for a variety of issue areas. She understands the relationship between the built and natural environments and is able to identify potential impacts and create the appropriate level of mitigation. Ms. Covarrubias is very skilled in in Architectural Technology including techniques for drafting and the associated software AutoCad, SketchUp and GIS. She utilizes these programs to create models and photo simulations of potential developments to present to the Clients and the public. Yaneli Hernandez, MURP — Associate Planner Role: Technical Analyst Education: Master of Urban and Regional Planning, California State Polytechnic University, Pomona, B.A. Landscape Architecture, California State Polytechnic University, Pomona Ms. Hernandez is an experienced planner with a background in landscape architecture. Her professional knowledge stems from assignments in the public sector at the City of Rancho Cucamonga — Planning Department and the planning sector of the Agua Caliente Band of Cahuilla Indians — Planning Department. She has a strong understanding of projects in the Inland Empire and helps facilitate analysis and submittal of permit applications and CEQA /NEPA documents. Ms. Hernandez has experience interpreting and applying applicable state, county and local codes, ordinances and regulations to submitted projects and initiating actions necessary to correct deficiencies or violations. She is currently assisting with preparation of a Specific Plan Amendment for an RV resort in Desert Hot Springs and a Specific Plan for a controversial development in Imperial County. Page 1 14 The El 5 Group Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore Project Experience Moreno Beach Commercial Center iS /MND, Moreno Valley, CA The Altum Group is preparing an update to an existing IS /MND for the Moreno Beach Commercial Center - located in Moreno Valley. The updated IS /MND will _ evaluate project impacts resulting the recently revised Project. Originally, the project consisted of a gasoline :- service station including a convenience store, sit -down restaurant and car wash. The revised project consists of j r„ a neighborhood commercial retail plaza comprised of 4 . office, retail and restaurant interior building space totaling 2,000 SF more than the original project. Due to •°°° substantial changes made to the Site Plan involving land use type and intensity, onsite parking, driveway - accessibility, installation of perimeter walls and 0 increased impervious surfacing; Air Quality, Greenhouse Gas (GHG) Emissions, Hydrology and Noise Studies are being prepared for analysis and incorporation into the updated IS /MND. Confidential Commercial Center Project lS /MND, San Bernardino County, CA The Altum Group is preparing an IS /MND for a confidential commercial center project located in San Bernardino County. The IS /MND is evaluating project impacts resulting from the development of a single -story gas station /truck stop, an automated car wash, an automated commercial truck wash, two quick serve restaurants, and a full service sit down restaurant. The development may also include a traffic calming island at one of the entrances to ensure compliance with the existing traffic signal layout. The site is a 9 -acre parcel of a larger undeveloped site which is currently vacant and surrounded by industrial and commercial developments. Due to the condition of the site, burrowing owl surveys were conducted to exclude potential construction on habitats. Othertechnical studies being prepared for the project include an energy analysis, cultural resources assessment, paleontological resources assessment, and a health risk assessment. 7- Eleven Gas Station Project lS /MND, Escondido, CA The Altum Group was contracted to prepare the required CEQA documentation for construction of a 7- Eleven gas station in the City of Escondido. The project includes demolition of an existing building and construction a 7- Eleven convenience store with a canopy for a proposed fueling station. In support of the IS /MND, several technical studies will be prepared including an Air Quality /Greenhouse Gas (GHG) Study, Geotechnical Desktop Study (for CEQA only), Cultural Study, On -site Hydrology, and a Traffic Report. Tower Energy Group Commercial Center and Gas Station lS /MND and iS/MNDAddendum, Coachella, CA -. The Altum Group prepared an IS /MND and a subsequent Addendum ogp. N -'YE to the IS /MND examining a proposed mixed -use development in the City of Coachella. The initial IS /MND analyzed a potential - @ development of single -story office buildings, a gas station and -_ convenience market, and 250 apartment units on a vacant parcel surrounded by residential developments. The land was previously used for agricultural purposes and the hazards analysis was a key component of the document. Other issues examined included aesthetics, air quality /greenhouse gas emissions, noise, traffic, and geology /soils. The Addendum to the IS /MND was required to examine changes in the initial development plan to include two -story office buildings in lieu of the single -story office buildings. Page 1 15 The El 5 Grtum Group Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore Gas Station and Convenience Store NEPA Environmental M14MMfIEP NSMW Assessment, Twentynine Palms, CA The Altum Group provided environmental documentation services o to the Twenty-Nine Paallms Band oso e Protection Agency to support the prop fee -to -trust transfer ". 1 gnt -Np o Mission Indians Tribal p osed _ i ��� Pro. and gas station project located In the City of Twent nine Palms. — ML The project includes seven parcels comprised of approximately 2 acres of undeveloped, mostly disturbed land that is covered with ruderal vegetation and a memorial located next to Highway 62. = naEEi MPPIiq The project site is privately -owned by the Tribe (the land is in "fee " status), and the Tribe is proposing to complete a fee -to -trust transfer, so the land will be held in "trust" status, for the beneficial economic development use by the Tribe. The proposed project included construction of a 14 -pump gas station, 3,OOOsf convenience store, and associated car and RV parking. Altum prepared the Draft Environmental Assessment document and Notice of Availability (NOA), Final Environmental Assessment and Finding of No Significant Impact report for the Bureau of Indian Affairs. Staff also coordinated the completion of a Biological Resources Assessment; Joint Tribal EA /NEPA Traffic Impact Assessment; Noise Impact Study; and Air Quality Assessment Traffic Impact Assessment. Dutch Bros Coffee Drive Through IS /MND, Indio, CA The Altum Group is preparing an entitlement package including an IS /MND for the development of a new drive through coffee shop located in Indio. The project includes an 887 square foot building with a drive - through, patio area, and required parking on a vacant asphalt paved parking lot that is surrounded by Highway 111, local commercial retail uses, and the Indio High School campus. The drive through coffee shop will have no indoor seating, however, will provide an outdoor area for ordering with an outdoor seating. The drive through will operate 24 -hours a day seven days a week. Altum was initially hired to managing oversight of traffic and air quality studies and general project coordination however the client then authorized a full CEQA review including preparation of an IS /MND with additional technical studies for biological and cultural resources. Anaheim 7- Eleven Project Technical Studies, Anaheim, CA The Altum Group was hired by the Golcheh Group to oversee development of several technical studies examining a potential 7- Eleven development in the City of Anaheim. The Project is located on an approximately 1.8 -acre, developed project site at the northeast corner of East Ball Road and Sunkist Street. It involved demolition of the existing 16,500 square foot (SF) building and construction of a car wash and a 7- Eleven convenience store with a canopy for the proposed fueling station. Altum staff prepared a Water Quality Management Plan (WQMP) and a Preliminary On -Site Hydrology Report for the project and oversaw subconsultants preparing a Geotechnical desktop study. The reports were required to support applications packages being submitted by the Client. Agua Mansa Logistics Warehouse Project lS /MND, Colton, CA The Altum Group prepare an IS /MND for Agua Mansa Properties, LLC., proposed development of an 808,500 square foot industrial "high cube" warehouse distribution facility. The project site was an approximately 43 -acre undeveloped property in the Agua Mansa Industrial Corridor Specific Plan area in the City of Colton. "High cube" warehouses /distribution centers are used primarily for the storage and /or Page 1 16 The Group tu El 5 Gr Tiger Petroleum Commercial Retail Project EIR City of Lake Elsinore consolidation of manufactured goods prior to their distribution to retail locations or other warehouses. This property was planned to be a 24 -hour logistics operation. Key issues examined in the CEQA document include Aesthetics (glare /lighting), air quality /GHG, noise, biological resources, cultural resources, geology and soils, hazards, and transportation /traffic. Moss Brothers Reuse Site 15IMND, Colton, CA The Altum Group prepared an IS /MND examining potential re -use of the vacant Moss Brothers Ford dealership site located at 1900 West Valley Blvd in the City of Colton. The project site is approximately 12.3 acres and was developed with two connected buildings and a parking lot. The proposed re -use included remodeling and expanding the former showroom into a building used as public agency office space for the San Bernardino County Transitional Assistance Department. The auto service center would also be remodeled for reuse as commercial retail or office space. Altum staff examined a number of issues with the project including air quality, cultural resources, geology and soils, hazards and hazardous materials, noise, public services, and transportation /traffic. Page 1 17 as TheAltumGroup Strive Higher 73710 Fred Waring Drive, Suite 219 Palm Desert, CA 92260 (760) 346 -4750 Tel (760) 340 -0089 Fax 2020 SCHEDULE OF HOURLY RATES Staff Member Hourly Rate Principal $184.00 Director $163.00 Senior Project Manager $158.00 Project Manager $152.00 Assistant Project Manager $142.00 Senior Associate $131.00 Associate $116.00 Assistant $90.00 Project Coord /Technician $79.00 Administrative Assistant /Clerical $58.00 Intern $37.00 Utility Location, GIS and Drone Services: Mobilization - 1st Hour $150.00 1 -Man Crew - Non Prevailing $90.00 2 -Man Crew - Non Prevailing $169.00 1 -Man Crew - Prevailing $125.00 2 -Man Crew - Prevailing $250.00 Survey Services: Survey Crew - Non Prevailing $225.00 Survey Crew - Prevailing $275.00 Survey Crew Rates: Hourly rates include standard 2 -man crew, 1 -man robotic crew and 1 -man GPS crew. Reimbursables Expenses: Mileage is billed at IRS business rate plus 15% Printing, reproduction, etc. are billed at direct cost plus 15% Altum's Schedule of Hourly Rates is subject to change based on an annual review of the cost of living and employee wage increases. In the event Altum's Schedule of Hourly Rates changes, a corresponding percentage increase shall be applied to all remaining Agreement budgets and such Schedule of Hourly Rates shall apply to subsequent Extra Work. FArate schedule \2020 Schedule of Hourly Rates - PD.xlsx