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HomeMy WebLinkAboutAgenda Report - November 16, 2022 C-1414 CITY OF 41010, o t CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement for Environmental Review Documentation with BaseCamp Environmental, Inc., a Professional Consulting Firm, and to Execute an Updated Reimbursement Agreement with 157 California Reserve, Inc., a California Incorporated Company, for Environmental Review Services by BaseCamp Environmental, Inc. for the Proposed Lakehouse Hotel/Residential Project MEETING DATE: November 16, 2022 PREPARED BY: Community Development Director RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement for environmental review documentation with BaseCamp Environmental, Inc., a professional consulting firm, and to execute an updated reimbursement agreement with 157 California Reserve, Inc., a California incorporated company, for environmental review services by BaseCamp Environmental Inc. for the proposed Lakehouse Hotel/Residential Project. BACKGROUND INFORMATION: The City has been processing the proposed Lakehouse hotel/residential project for approximately two years. The land use entitlements for this project will require the preparation of an environmental document consistent with the California Environmental Quality Act. On April 12, 2021, Staff executed a Professional Services Agreement with BaseCamp Environmental Inc. (BaseCamp) for the preparation of a comprehensive environmental impact report (EIR) for the project. At approximately the same time, a reimbursement agreement was entered into by the City and 157 California Reserve, the project applicant, under which the applicant agreed to reimburse the City for the cost of the EIR's preparation. The agreement with BaseCamp expired on December 31, 2021. The reimbursement agreement with 157 California Reserve, Inc., does not have an expiration date. The amendment includes the following: 1. An updated budget to reflect additional work required to prepare the Vehicle Miles Traveled Study (VMT) and work by BaseCamp which has expanded beyond the original estimated effort due to the length of time the project has been in process. 2. An extended contract period, ending December 31, 2023, to ensure that the agreement is valid for the entlre period in which the project is expected to be in process. APPROVED: 5 < 1.10): ,7 I P[IT , _ Stephen Schwabauer, City Manager BaseCamp Amendment No. 1 and 157 California Reserve, Inc., Updated Reimbursement Agreement for proposed Lakehouse Hotel/Residential Project November 16, 2022 Regular City Council Meeting Page 2 of 2 The attached agreement includes an updated budget of $126,264.25, which includes an increase of $11,020 over the original budget of $104,224.25. The reimbursement agreement has been updated to reflect the additional cost. The City will also enter into an updated reimbursement agreement with 157 California Reserve, Inc., the project applicant, updated to reflect the additional cost for the environmental review. In addition to funding the BaseCamp's environmental review, the reimbursement agreement also requires that the applicant fund the direct City costs associated with review of the Lakehouse project. Staff recommends that the City Council authorize the City Manager to execute a professional services agreement with BaseCamp Environmental Inc. and an updated reimbursement agreement with 157 California Reserve, Inc. for environmental review services for the proposed Lakehouse hotel/residential project. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE. Through the reimbursement agreement, 157 California Reserve, Inc., will bear all costs associated with the environmental review process for the proposed project. Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director I ;r John R. Della Monica, Jr. Community Development Director Attachments: A. BaseCamp Environmental, Inc. Amendment No. 1 B. Updated Reimbursement Agreement with 157 California Reserve, Inc. Signature: Ur xv�obj Email: akeys@lodi.gov AMENDMENT NO. 1 (CONTRACTOR) Professional Services Agreement THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of November, 2022, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and BASECAMP ENVIRONMENTAL, INC., a California Corporation, hereinafter called "CONTRACTOR". WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY, entered into a Professional Services Agreement on April 12, 2021, the "Agreement", attached hereto as Exhibit A; and made a part hereof; and 2. WHEREAS, CITY at its option, has advised CONTRACTOR of its intent to extend the term of the Agreement from December 31, 2021 to December 31, 2023; and 3. WHEREAS, in exchange for the revisions to the prior traffic analysis to provide an up-to- date and accurate analysis under current law to be performed by CONTRACTOR during the extended term, the total costs listed in the Agreement shall be increased by $11,020, plus a total contract contingency of $11,000 to provide for any additional unanticipated costs, for a new total amount not to exceed $126,264.25 for the Agreement as outlined in Attachment A. 4. WHEREAS, CONTRACTOR agrees to said amendments. NOW, THEREFORE, the parties agree to amend the Agreement as set forth above; all other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation CONTRACTOR STEPHEN SCHWABAUER City Manager Attest: OLIVIA NASED City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney BASECAMP ENVIRONMENTAL, INC., a California Corporation CHARLIE SIMPSON Principal BaseCamp Budget Revision 7-28-22 Estimated Cost to Complete the Lakehouse EIR: Admin Draft EIR, Produce Screen check Draft EIR Draft EIR Reproduction and Distribution Final EIR, Findings and MMRP Public Meetings Total Cost To Complete EIR Remaining Budget Additional Authorization Needed ORIGINAL CONTRACT AMOUNT ADDITIONAL AUTHORIZATION TOTAL CONTRACT AMOUNT $5,000.00 $2,000.00 $10,580.00 $0.00 $17,580.00 $2,983.65 $22,020.00 $104,244.25 $22,020.00 $126,264.25 Attachment A AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties ADA' THIS AGREEMENT is entered into on iPpr'i t I 51 X202 1 by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and BASECAMP ENVIRONMENTAL, INC (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference CITY wishes to enter into an agreement with CONTRACTOR for ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE ZONING AND GENERAL PLAN AMENDMENTS FOR THE PROPOSED "LAKE HOUSE" PROJECT LOCATED AT 2201 WEST TURNER ROAD (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services Section 2.4 Staffin CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR. of any changes of CONTRACTOR's project staff prior to any change CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY Is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any wont or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on January 1, 2019 and terminates upon the completion of the Scope of Services or on Dec 31. 2021, whichever occurs first. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference CONTRACTOR shall not undertake any work beyona the scope of this Agreement unless such additional work is approved in advance and in writing by CITY Section 3.2 Method of Paytnnnr. CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services Payment of additional reimbursable costs considered to oe over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY Section 3.4 AUditinci CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such ar audit. CONTRACTOR agrees that CITY or its delegate will have the right to review obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement, ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sulb CONTRACTOR on the basis of race, color, religion sex, sexual orientation, maritar status, national origin, ancestry, age, or any other criteria prohibited by law Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indeniniflcatiorn and Resojnsihility for Darna�^ CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors officers, employees and volunteers, CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain Independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall Day all of the costs related thereto, including without limitation reasonable attorney fees and costs The defense and ndemnification obligations required by this Agreement are undertaken in addition to and shall not in any way be limited by the insurance obligations set forth herein Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement Section 4.5 Res onsibiilt of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY. except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference Section 4.7 Successors arsd Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O Box 3006 Lodi, CA 95241-1910 Attn: John Della Monica To CONTRACTOR BaseCamp Environmental, Inc 115 S. School St., Suite 14 Lodi, CA 95240 Attn: Charlie Simpson Section 4.9 Goo ration of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services Section 4.10 CONTRACTOR is Not an Erneloyee of GIT' W CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR, shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confi_d_entialif CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietaryexcept to the extent othenrvise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act, Section 4.13 Applicable Law Jurisdiction Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement. the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's 6 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 Cily Business L,r,Gnse Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3 01,020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Intagration and Mollification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder This Agreement may not be modified or altered except in writing, signed by both parties Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement Section 4.19 Ownership of Do.uments All documents, photographs, reports, analyses, audits computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request. CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST *MQz� JENNIFER CUSMIR ST ABA R City Clerk City Manager APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney jdm BaseCamp Environmental, Inc Chey-L c L;g o� By. Charlie Simpson Ireh 8,12n21 11.19 PST! Name: CHARLIE SIMPSON Title: Principal Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: TBD (Business Unit & Account No.) Doc 10:2018-11 GPA/Z CA:Rev.01.2015 8 EXHIBIT A LAKENOUSE MIXED USE PROJECT CITY OF LODI PROPOSAL FOR EIR PREPARATION BASECAMP ENVIRONMENTAL, INC. September 30, 2020 BaseCamp contracted with the City of Lodi in early 2018 to prepare a CEQA Initial Study/Mitigated Negative Declaration (IS/MND) for the Lakehouse project. The IS/MND was completed, reviewed by City staff and released for public review during February and March of 2019. During the public review perlod, the City received comments stating that the project would involve significant environmental effects requiring the preparation of an EIR, While these comments were not considered conclusive, the City and the project applicant agreed that an EIR should be prepared. In Spring 2019, and with the knowledge of the City, the applicant requested that BaseCamp begin work on the EIR. No written agreement was put In place. Assuming that EIR work would soon proceed, BaseCamp continued working on the EIR until it became apparent that the EIR could not go forward until noise technical studies prepared by the applicant's consultants met with NCPA approval. EIR work was halted In June 2019. A portion of the EIR preparation costs was paid directly by the applicants, which is recognized in the Cost Proposal section below, A portion of this work was not invoiced and will be Invoiced pursuant to approval of this proposal. Since that time, additional noise and project planning has been completed, and it appears that project -related concerns have been worked out to the general satisfaction of NCPA. As a result, the City and applicant are ready to move forward with the EIR, BaseCamp will be the EIR preparer, and BaseCamp's proposed scope of work, schedule and costs for EIR preparation are set forth In the remainder of this proposal. PROPOSED SCOPE OF WORK BaseCamp will prepare an Environmental Impact Report (EIR) for the Lakehouse project addressing the applicable requirements of the California Environmental Quality Act (CEQA). The project has been modified to address relevant comments and concerns raised during the public review of the IS/MND and, more specifically, noise and safety concerns raised by NCPA. The EIR will identify the potential environmental effects of the project, feasible mitigation measures needed to address significant effects and the comparative environmental effects of reasonable alternatives to the project. BaseCamp will provide support to City staff as required to process the FIR in conformance with applicable CEQA requirements throughout the EIR process concluding with the filing of the Notice of Determination, BaseCamp services will Include: Preparation and circulation of a Notice of Preparation (NOP) Review and analysis of potential environmental Issues and concerns raised in NOP comments Engagement and management of BaseCamp technical subcontractors Review of technical information submitted by the applicant and other consultants Conduct AB 52 notification and consultation on behalf of the City Preparation of an administrative review Draft EIR and modification of the EIR as suggested by the City Circulation of the Draft EIR for public review Preparation of F -nal EIR, Mitigation Monitoring Plan and CEQA Findings documents Attendance at Planning Commission and Ciry Council meetings Preparation and filing of the Notice of Determination A principal resource for EIR preparation will be the Public_ Review Draft 15/1)AND for the Lakehouse project, which will supply substantial data and analysis in several of the subject areas required to be addressed. The information in the 20t9 iS/MND will be updated and supplemented as described below. Among other things, the EIR will incorporate a detailed noise analysis prepared by the applicant's consultant Utlorley. This analysis, deemed generally adequate by NCPA, will be peer-reviewed by Base Camp subcontractor 1. C. Brennan and Associates. The results of noise Study and the peer review will be reported in the EIR. Rather than being used as a source for CEQA identification of significant noise effects, however, the peer-reviewed noise study will be used to identify feasible noise control measures that will provide consistency with City noise standards and minimize potential conflicts between the power plant and residential uses. Similarly, the EIR will include the results of a Health Risk Assessment and more -detailed consideration of potential air quality and fire safety issues associated with ongoing power plant operations. A site-specific. Biological Assessment will be prepared and utilized in the EIR impact analysis The transportation analysis will include a new analysis of vehicle miles traveled impacts Task 1, Project Management FIR preparation began initially and informally with Base Camp's meeting with the City and applicant In early April 2019, at which point work on the EIR was authorized and submittal of an EIR preparation proposal requested. An EIR preparation proposal has not been formally submitted for City Council approval until now - Continued work on the EIR will be re-initiated by Base Camp on receipt of a signed work authorization from the City. During the course of EIR preparation, BaseCamp will attend general coordination meetings or teleconferences with the City and applicant representatives as requii ed A total of six Lace -to -Face meetings or formal teleconferences are anticipated in this scope of work. These events would be scheduled in cooperation with City staff and are ant;cipated to include: I��ng_: Re -Initiation of EIR Wurk 2-3 weeks before submittal of the Administrative Draft EIR Completion of City review of the Administrative Draft EIR After uublic naview and WIWI review ul comment_, After City's review of the Administrative Final EIR, MiNIRP and Findings Prior to Planning Commission and City Council meet ngs Task 2, Administrative Draft EIR BaseCamp Environmental will prepare an administrative review versior, of the Draft EIR and submit it to City sraff for review in electronic form. The principal elements of the administrative Draft EIR preparation process are discussed as suhtasks below. Hard copies of the ADEIR will :also be submitted, if requested by the City or applicant, for the cost of reproduction. It should be noted that a portion of the work described below was completed during the Spring of 2019 pursuant to direction from the applicant and City `uhr•r sic_? �, Pr_c,Irt t },r.i+•s:ript�,in BaseCamp will prepare a detailed written and graphic description of the project that Identifies its purposes and objectives, proposed physical development, any necessary off-site `mprovements, the nature and timing of project operations and environmental controls proposed by the applicant, including Pstablished nois? mitigation measures as well as any other proposed m tigation measures that, may be identified during the EIR preparation process. 13ubra•;k 21131, Nut_iie of Prrli,ii'Minn BaseCamp will prepare a Notice of Preparation (NOP) for the Lakehouse project incorporating the Project Description discussed above and identifying the potential environmental issues that will be addressed in the EIR. The discussion of issues to he addressed in the EIR will be drawn from the following discussion, which includes the content of the 2019 IS/MND and substantive issues and concerns raised during public comment on the IS/MND. The NOP will be prepared and distributed as soon as possible after the City and applicant reach consensus on the Project Description An administrative draft NOP will be prepared and submitted electronically for City review wnd comment The NOP will be revised as required and circulated for agency comment. BaseCamp will prepare a Notice form for publication in the Lodi News Sentinel, coordinate with City staff to develop a NOP distribution list and take responsibility for directing, completing and documenting the NOP distribution process. On completion of the NOP review period, BaseCamp will prepare a summary of NOP comments for use ;n the EIR. ')uht.):k 7c, Te,_hoical ;twin•: BaseCamp will engage its traffic, biology, noise and HRA technical subcontractors to begin work a< soon as there is applicant and City consensus on the Project Description, that is that the Description is considered stable for the duration of the CEQA review Traffic studies will be initiated when development quantities, access points and probable road improvements can by verified. Subcontractor aurhorizations will inckicie delivery schedules that are consistent with the overall EIR preparation schedule described below Technical studies that have been prepared, or will be prepared; for inclusion in the EIR include the following: Biological Resources Assessment, partially prepared by BaseCamp subcontractor Moore Biological Consultants Cultural Resources Investigation, completed by BaseCamp subcontractor Solano Archaeological Services during prepa,ation of the IS/MMD Health Risk Assessment, to be ur: parod pursuant to this proposal by BaseCamp subcontractor Envirunmental PorrnittinN Specialists. Environmental Noise Study, prepared by BaseCamp subcontractor 1. C, Brennan and Associates (project -generated traffic noise) during preparation of the IS/MND, updated in conjunction with EIR preparation Peer review of the Worley NCPA Power Plant nolle study by I.C. Brennan and Associates. Traffic study, prepared by BaseCamp subcontractor K. D Anderson and Associates during preparation of the IS/MND plus further work to be completed pursuant to this proposal, including analysis of vehicle miles traveled pursuant to SB 743. Other than as described above, BaseCamp will not be responsible for preparation of additional noise technical studies. Noise concerns related to the NCPA power plant will be addressed using the report prepared by the applicant's acoustical consultant Worley It is assumed for the purposes of this proposal that the consultant's work product will adequately inform the EIR as to power plant noise concerns, subject to the peer review by J.C. Brennan and Associates, 5r,bta1 22D, Preparation of EIR Chapters Preparation of the EIR's technical chapters will begin inimediately upon authorization_ This information will be presented in Environmental Setting sections in each chapter. The scope of study will be related to the importance and complexity of potential environmental effects Issues and concerns to be addressed in the EIR wid be based on analysis and public comment to date as well as any substantive issues identified in public or agency comments on the NOP. The potential environmental effects of the project will be analyzed in discrete technical chapters addressing each area of concern listed in the most recent version of the CEOA Guidelines Appendix G. Significant, potentially significant and less than significant environmental effects will be identified. The basis of the environmental impact determination will be "significance thresholds," which will be identified in each issue area based on the CEQA Guidelines Appendix G. The EIR will consider relationships between the various disciplines and project elements and will include chapters addressing growth-inducing impacts, irreversible environmental changes and any other EIR elements required by CELLA. The OR will touch on areas of potential environmental concern that involve Impact; of the environment on rh • rno rri, consistent with the findings of the California Supreme Court in California BIA vs. BAAQMD. This decision provides that "CEQA does not generally require an agency to consider the effects of existing environmental conditions on a proposzd project's future users or residents." Information related to these issuei and concerns, which include potential noise exposure and health risk associated with the adjacent power plant, will be presented and discussed in the EIR as appropriate but will not be identified as significant environmental effects, consistent with the BIA vs. BAAQfvlD findings When significant or potentially significant environmental effects are identified, the EIR will identify existing regulatory requirements and standards of professional oractice that would, in ordinary circumstances, avoid or reduce the identified environmental Impacts Where such existing requirement, are not sufficient to reduce environmental effects to a less than significant level, the EIR will identify feasible mitigation measures with potential to reduce environmental effects and the basis for that determination. The description of mitigation measures will identify the necessary action, responsibility for implementation and monitoring, and whether or nut the measure(s) will reduce impacts to a less than significant level. If significant effects cannot be reduced to a less than significant level, or avoided, the residual significant and unavoidable effect Mil be identified. Feasible mitigation measures will be evaluated for their consistency with applicable statutory and case law standards, i.e. nexus and proportionality Where auolicable, mitigation measures will be evaluated for their potential to generate additional significan� environmental effects, Potential for significant affects that would arise from proposed mitigation measures will also be identified in the EIR. �uhl,r•,I_�_ ?_t, _�stl�� �f����.ifu. '1�r,�ly,�� The analysis will alsu consider the range of potential environmental concerns described in the latest version of the CEQA Environmental Questionnaire as well as potential environmental concerns that may be warranted by recent legislation and CEQA practice Detailed analysis in the EIR will be confined to arras of environmental concern with pntential for significant environmental effects. BaseCamp's understanding of the potentially significant effects of the proje�.t are described below in the order they appear in the CEQA Environmental Questionnaire. Ar_,th:nr 5- BaseCamp will review, update ,and expand the aesthetic impact analysis included in the 2019 IS/MND considering current site plal^s, building designs and proposed building appearance, design and scale as well as the applicability of the City design review process No substantial new information, analysis or potentially significant aesthetic effects are anticipated in this area of concern. Illfrirnlrrrr­ ind Forr^Jtv- The project site does not include agricultural land and is mapped as being dedicated to urban uses. The 2019 IS/MNO identified no agricultural or forestry effects, BaseCamp will review, update and expand the analysis included in the IS/MND as appropriate No substantial new information, analyses or potentially significant agriculture or forestry effects are anticipated. ALr Qu.j!i The IS/MND air quality analysis will be updated and expanded to include a more detailed explanation of responsibilities for air, quality planning, regulation and management as they pertain to the project. Modeling results will be recalculated to quantify criteria pollutant emissions from the current project. Potential air toxic emissions associated with the project will be reconsidered and quantified as needed including potential releases and permitting controls on asbestos, lead-based paint and any existing site contamination. The issue of project exposure to air toxic emissions associated with the adjacent power plant will be revisited in light of California dill v BAAQNID. Potential health risks associated with continued operation of the NCPA facility will be considered and quantified as appropriate in a new Health Risk Assessment to be prepared by BaseCamp subcontractor Environmental Permitting Associates. BaseCamp will conbider whether any such risks would be exacerbated by the project, and if this is the case the changes will be evaluated as potentially significant effects on the environment under CEQA. If not, the FIRA results will be disclosed in the EIR but will not be considered potentially significant impacts under CEQA. Blolo,;u_,rl hi ,nen: The IS/NIND's description of the biological effect, of the project was aggressiveh/ challenged during the public review. In response, a detailed Biological Assessment of the site was initiated in 2019 but not completed. The BA for the project will be prepared by BaseCamp subcontractor Moore Biological Consultants, based on already -completed field studies and data base searches. Database searches will be updated, the presence or absence of biological resources on the site determined and the potential for special --,Latus ,pecios impacts and impacts on Sensitive habitats will be projected. The BA will also consider the relationship of the project to vegetation and wildlife use of the project area generally New biological information and any potential fol new significarit effects or other biological resource concerns will be detailed in the EIR Culiliral Resources; The cultural resources and Tribal Cultural Resource sensitivity of the site and vicinity were assessed during the preparation of the 2019 IS/ Technical studies by Solano Archaeology reported on on -the -ground surveys of the ilte and 3 search of available cultural resources databases and contacts. BaseCamp conducted notification and consultation with Native American tribes on behalf of the City pursuant to AB 52 This relatively recent consultation process should be considered valid. However, EIR preparation will include re-contact of the tribes involved to verify that AS 52 requirements have been met. No new cultural resources concerns have been raised during or since the public review of the IS/MND No substantial new information, analysis or culturai resource impacts of the project are anticipated. The EIR will repot, the results of updated AB 52 notification and consultation as appropriate. Energy: Issues associated with energy were addressed in the 2019 I5/1'V1ND and found to be less than significant. The site plan for the project has been modified somewhat, but its basic nature has not changed. BaseCamp will review, update and expand the analysis included io the IS/MND as appropriate. No substantial new information, analysis or potentially significant energy effects ate anticipated. GeglojYy .Ind Sulk: issues associated with geology, soils and paleontology were addressed in the 2019 IS/MND and found to be less than significant with mitigation. As noted above, the site plan for the project has been modified somewhat, but its basic nature has not changed substantially. BaseCamp will review, update and expand the analysis included in the 15/ MND as appropriate. No substantial new information, analysis or potentially significant geology sods and paleontology effects are anticipated C;yteetifigose G,is Emisimns: Greenhouse gas emissions (GHG) associated with the project will be re-calculated using the CaIEEMod air quality impact model as a part of updated air pollutant emission modeling. BaseCamp will review, update and expand the GHG analysis included in the IS/MND as appropriate. CaIEEMod GHG estimates will be compared to the results of the VISIT modeling and adjusted or explained as required. No substantial increase in GHG emissions or significance is anticipated from that reported in the IS/MND, Hazards and Hazardous Materials: The EIR will include additional detail regarding existing safety and health hazards that may exist on the site and un the adjacent NCPA power plant site including concerns associated with on-site petroleum fuel storage and any other hazardous materials being stated of used on that site The IS/MND issue of project exposure to safety hazards and air toxic c�rnissions will be revisited in lignt of California BIA v. BAAQPvID Potential health hazards associated with air toxic emisl-ions rruin adjacent uses, including NCPA, will oe reported frorn the air quality analysis. BaseCamp will consider whether any such hazards would be exacerbated by the project and if this is the case the changes will be evaluated as potentially significant effects on the environment under CEQA and, if so, analyzed for their potential significance under CEQA. If not, the HRA results will he disclosed in the EIR without identifying a CEQA impact and significance level. The EIR will briefly consider potential hazards and health concerns that were identified during the public review of the 2019 I5/10ND, including the demolition of existing h buildings, excavation in potentially contaminaced a eas, indoor health hazards associated with the use of formaldehyde-containing building materials and potential effects on emergency response and evacuation resulting from the operation of the adjacent rail spurs. These potential effects are not expected to be significant or are based on speculation and need not be addressed further in the EIR. Mitigation measures identified in the 2019 IS/MND will be updated and augmented as required. !1ydrologyanal Water quality. There are no surface water resources on or near the project site, and the project would not involve any potential direct effects an groundwater, obtaining its potable water supply from the City system. The project would contrihute to storm drainage from the area and would be subject to existing storm water management requirements, which are adequately addressed in IS/MND mitigation measures. BaseCamp will review, update and expand the hydrology and water quality analysis included in the IS/MND as appropriate, No new issues or concerns have been identified in this area of concern. Land Use and Planning: Comments on the IS/MND raised concerns related to the City's industrial land supply and potential conflict netween the project and future re--use of the General Mills property. These speculative concerns will be identified in the EIR out not subject to CEQA impact analysis. Nnise: The EIR will re-visit and re-characterize existing environmental noise conditions in the project vicinity, including noise generated by the adjacent NCPA power plan during operational hours, based on a technical report prepared for the applicant by Worley and peer reviewed by BaseCamp subcontractor 1. C. Brennan Acoustical Consulting. This approach assumes that the analysis contained in the Worley report is considered acceptable by NCPA and will be confirmed to be acceptable as a result of the peer review. The 2019 IS/MND's analysis of projec- exposure to power plant noise will be revisited in light of California 511A v. BAAQMD, considering whether exposure would be exacerbated by the project. It is believed that the project, including proposed noise attenuation measures, will reduce existing potential exposure, However, noise generated by the power plant will not be considered significant effects un the environment under CEQA. The EIR would reconsider the potential noise impacts of traffic generated by the project in an updated version of the technical study prepared for the 2019 IS/MND by I. C. Brennan- Based on this information, the EIR will describe the potential noise. effects of traffic generated by the project and new mechanical equipment on existing residents of the project vicinity, future residents of the project and users and workers in proposed hotel and retail commercial uses. Papulation and Hc?using. The effects of the project on population and housing were addressed in the 2019 IS/MND and found to be less than significant- The site plan for the project has been modified somewhut and the number of proposed housing units reduced slightly, but the basic nature of the project has nor changed- BaseCamp will review, update and expand the population and housing analysis included In the IS/MND as appropriate. No new Issues or concerns have been identified in this area of concern. Public Services. The effects of the project on fire protection, police protection, schools and parks and recreation were addressed in the 2019 IS/MND and found to be less than significant. BaseCamp will recontact the service providers and review, update and expand the public services analysis included in the IS/MND as appropriate. No new Issues or concerns have been identified in this area of concern. Transportation: As a result of recent changes to the California Environmental Quality Act (CEQA), environmental documents are required to evaluate the significance of transportation impacts based upon vehicle miles traveled (VMT) The City of Lodi has developed a VMT traffic model that establishes VMT baseline for various uses in the City of Lodi and will model VMT for proposed uses. BaseCamp Environmental and KD Anderson & Associates have consulted with City staff and Fehr & Peers to develop a case-by-case approach for analysis of the VMT Impacts of the Lake House project. We propose to quantify VMT for the land uses comprising the project using the Fehr and Peers model. Results for each use will be compared to citywide averages to define the initial level of VMT significance. For the multiple -family residential portion of the Lake House project, the project -related VMT will be compared to the citywide average for "Multi -Family Units", as established by the City VMT model. For the hotel portion of the Lake House project, the project -related VMT will be compared to the citywide average for "General Commercial", as established by the City VMT model. The City has not defined significance thresholds for VMT and therefore the State recommended reduction of 15% below baseline VMT will be applied as the significance threshold. If the project falls to meet the State recommended 15% reduction target, then feasible mitigation will be proposed.. The modeling process and evaluation of mitigation options will be carefully documented for consideration by City staff and members of the public. If mitigation is needed, the EIR will compare the "unmitigated" results with the results that can be achieved with feasible mitigation to determine whether the mitigated project will result in potentially significant VMT effects with respect to City significance thresholds. This proposal assumes the VMT analysis will require 24 hours of staff time. In the event that the modeling results and mitigation analysis do not produce supportable results, a modified methodology and a contract amendment may be needed. A traffic operations analysis will be based on an updated version of the technical report prepared by K.D. Anderson and Associates for the 2019 IS/MND and will consider the latest proposed land uses for the project, including modification of estimated project trip generation, revised projected traffic volumes and revised level of service (LOS) predictions that will determine whether the project is consistent with General Plan LOS standards. Utrlilws .wd Servir. ;. The availability of and the effects of the project on water, wastewater and storm drainage utilities as well as the regulated utilities were addressed in the 2019 IS/MND and found to be less than significant. As noted, the project has been modified, reducing the number of proposed housing units and utility demands BaseCamp will recontact the affected utilities and review, update and expand the public services analysis Included in the IS/MND as appropriate No new issues or concerns have been identified in this area of concern. Wilditfe. Issues associated with wildfire were addressed in the IS/IvIND and Found to be less than significant due to the urban location of the project site. The site of the project and its sensitivity has not changed with respect to this issue. BaseCamp will review, update and expand the the IS/HIND public services analysis as appropriate. No new issues or concerns have been identified in this area of concern Alternalivo,. i r the Propn.rd rr(ilocc The EIR will analyze the comparative environmental effects of a reasonable range of alternatives (up to four total) that could fulfill the objectives of the project while minimizing impacts on the environment. This Linalysis would include consideration of alternative project size or design, development under existing general plan and zoning designations and, as required, the "no -project" alternative_ The analysis of the "no project" alternative will consider the comparative environmental effects of not approving the general plan amendment, rezoning or site plan review or any other City approvals related to the proposed project. The environmental effects of the alternatives will be compared in an effects matrix. CunrulalivN_I_mpact Analy-;i5; The EIR will include an analysis of the cumulative impacts of the project in each of the subject areas addressed in detail in an EIR chapter The cumulative impact analysis Will use the "general plan EIR" approach using the analysis in the certified Lodi Task 3, Administrative Draft EIR, First Revision and Screencheck BaseCamp will meet or teleconference with City staff to receive comment on the Administrative Draft EIR, BaseCamp will revise the document as necessary to address City comments and resubmit it as a Screencheck draft for final review and approval for publication. City comments nn the Screencheck draft will be incorporated into the EIR before publication. Task 4. Draft EIR Publication and Distribution BaseCamp will prepare a complete electronic version of the approved Draft EIR, including technical appendices, For posting to the City's web site The approved Draft EIR, will be reproduced in hard copy as requested by the City for the costs of reproduction BaseCamp will prepare or assist the City in preparing the Notice of Intent, EIR distribution list and Notice of t �, Completion. Delivery of EIR documents to the State Clearinghouse (SCH) will riot be required Effective November 1, all SCH submittals will be handled electronically; BaseCamp will complete the SCH submittal on the City's behalf. Task 5, Final EIR, Mitigation Monitoring Reporting Plan During and after the public review period, BaseCamp will meet or teleconference with the City to discuss the comments received on the Draft EIR and to determine the general nature and voicing of the responses to comments as well as to identify additional technical analysis that may be necessary, if any. BaseCamp compile an Administrative Final EIR (AFEIR) consisting of an updated version of the draft EIR, which would be modified as required to address any changes to the EIR content warranted by comments on the Draft EIR or responses to those comments. The EIR introduction will be modified to describe the public review process, summarize agency and public comments and reference the location of comment and i esponse documents in the Final EIR. A new EIR chapter- will contain a list of commenters and the proposed City responses to any substantive comments received on the DEIR The AFEIR wil! be reproduced and submitted electronically to the City for administrative review BaseCamp will meet or teleconference with the City to discuss the AFEIR and any necessary revisions. The FEIR would be revised and resubmitted as a final (screencheck) version for review and approval or further modification if needed Following final revisions, the FEIR would be reproduced for the cost of reproduction as requested by the City and delivered 0 the City for distribution. Finalization, reproduction and delivery of the FEIR will be timed to allow required distribution to Draft EIR commenters a minimum of 10 days ahead of planned certification. BaseCamp will prepare a Mitigation Monitoring/Reporting Program (N1NiRP) in a format acceptable to the City The MMRP will identify all of the apolicable Initial Study and EIR mitigation measures, the party responsible for implementing the mitigation and the timing and method of monitoring compliance The MMRP will be submitted electronically for administrative review by I.he City. The MMRP will be revised and delivered to the City as an electronic file; hard copies will be provided as requested. for the cost of reproduction. BaseCamp will prepare a draft set of CEQA findings of fact meeting the criteria established in CEQA Guidelines Section L5091-15093 in a form acceptable to the City If the project involves one or more significant Impacts that cannot be avoided or reduced to a less than significant level with certainty, a Statement of Overriding Considerations (SOC) will be prepared. The Findings/SOC will be submitted electronically for administrative review. The Findings/SOC will be revised and delivered to the City as an electronic fik, hard copies will be provided as requested for the cost of reproduction. 1? Task 6, Public Meetings BaseCamp will attend two public meetings (i.e one Planning Commission and one City Supervisor meeting) in person or electronically as appropriate for the purpose of presenting answering questions or discussing the EIR and CEQA process with the decisioii-makers and the attending public. BaseCamp will attend additional public meetings as requested by the City. on an extra services basis. PROPOSFD SC-1EDUL1 Base Camp's conceptual schedule tnr EIR preparation and processing assumes a start date of October 15,1020_ It is assumed for the purpose of5cheduling that the project site plan is adequately defined and stable, It is also assumed that building elevations, other project details and details regarding applicant -proposed mitigation measures will be provided during preparation of the EIR in a timely manner. Timely completion of the EIR process is important to the City, applicant and BaseCamp Undue delays may result in extra costs. Authorization to Proceed Submit review draft NOP Being 30 -day NOP review End of NOP review period Submit Admin Draft EIR to City City completes review of Admin EIR Start 45 -day EIR Public Review Period Start Preparation of Final EIR End Public Review Period, Set Planning Commission Date Submit Admin Final EIR, MMRP and Findings Planning Commission City Council COST PROPOSAL October 15, 2020 November 4 November 18 December 17 January 16, 2021 January 30 February 16 March 1 April 1 April 15 May 2021 June 2021 A portion of EIR preparation costs ($22,290,80) has already been paid to BaseCamp Environmental by the applicant. Additional costs co prepare and process the Lakehouse EIR as described in the above Scope of Work will involve an estimated fee not to exceed $94,767,50 to be billed monthly on a progress basis, in accordance with BaseCamp's standard rate and charge schedule, attached, Overall proposed EIR costs are detailed on the following pages, including credits for work already paid for by the applicant. Fees for extra services, if required, will be billed on the same basis in accordance with a City -approved Fxtra 5ervices Request. BASECAMP ENVIRONMENTAL PROPOSED EIR BUDGET LAKE HOUSE PROJECT 10/9/20 PROJECT MANAGEMENT AND COORDINATION Client and City Staff Meetings Project Management Subcontractor Management Credit for SoseCamp work completed and paid Total Project Management NOTICE OF PREPARATION Administrative Draft NOP Prepare Notices and Distribution List Revision and Distribution Summarize process, Issues and concerns report Total Notice of Preparation ADMIN ENVIRONMENTAL IMPACT REPORT Introduction Summary and Summary Table Project Description Aesthetics Agriculture Climate and Air Quality, NRA Biological Resources Cultural Resources, Regroup on AB 52 Geology and Solis Global Climate Change, conform with VMT Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Noise Population and Housing Public Services Transportation, VMT Incorporation Utilities and Services Growth Inducing impacts 14 COST $2,120.00 $4,360,00 $1,520.00 ($1, 710.00) $6,290.00 $2,960.00 $490.00 S1,030.00 $980.00 $5,460.00 $980.00 $1,620.00 $2,300.00 $1,570.00 $600.00 $1,670-00 $1,390.00 $1,090.00 $690,00 $790.00 $2,740,00 $980.00 $3,160.00 $3,500.00 $600.00 $1,200.00 $2,540.00 $1,760.00 $ 600.00 EXHIBIT B Alternatives $3,140,00 Cumulative Impacts $2,87000 Other CEQA Requirements $1,200.00 Editing, Graphics and Word Processing $5,560.00 Credit for 6aseCamp work completed and paid (518,137 SO) Total Admin EIR $24,412.50 1st REVISION TO ADMIN DRAFT EIR Revisions $5,840,00 Total 1st Revision $5,840.00 SCREENCHECK DRAFT EIR Revisions $2,540.00 Total Screencheck Draft EIR $2,540.00 DRAFT EIR REPRODUCTION AND DISTRIBUTION EIR Reproduction, Notices, Distribution, Coordination $3,840.00 Total Draft EIR Repro and Distribution $3,840.00 FINAL EIR, MMRP Administrative Draft Final EIR $4,840.00 Administrative Draft MMRP $2,300.00 Prepare Findings Document S3,440.00 Final Edits, Repro and Distribution $1,920.00 Total Final EIR, MMRP and Findings $10,580.00 PUBLIC MEETINGS Planning Commission, prep and rneet (1) 557000 City Council, prep and meet (1) $570.00 Additional public meetings, if required (3) $1,710.00 Total Public Meetings $2,850.00 TOTAL LABOR $61,812.50 EXPENSES Routine In -House Copying 5150,00 Updated Haimat and Cultural Database Searches 5850.00 Reproduction, as required At Cost IVllscelianeous Expense (Cost+10%) 5270.00 Total Expenses S1,220.00 L5 SUBCONTRACTORS Environmental Permitting Specialists, NCPA HRA j. c. brennan, peer review Worley report j. c. brennan, upda[e CEQA noise impact analysis kdAnderson, supplemental traffic work, including VMT Moore Biological, complete biological assessment report Credit for Moore Biologfcof work completed and paid Total Subcontractors TOTAL PROPOSED COST 10% CONTINGENCY TOTAL PROPOSED COST W/ CONTINGENCIES 16 $7,260.00 $4,350.00 $4,125.00 $12,000.00 $6,443 30 ($2,443.30) $31,735.00 $94,767.50 $9,476.75 $104,244.25 STANDARD SCHEDULE OF RATES AND CHARGES BASECAMP ENVIRONMENTAL, INC. 2020 HOURLY FEES FOR PERSONNEL Principal $190 Senior Planner $150 Project Planner $130 Assistant Environmental Planner $110 Research Specialist $90 Graphics Technician $90 Document Processing $80 COPYING CHARGES Charges for copying by BaseCamp Environmental will be charged as follows: Copies (b/w) $0.15/page Copies (color) $0.25/page EXPENSES Subcontractor charges and other materials and services purchased by BaseCamp in connection with services provided under this Agreement will be invoiced at actual cost plus 10%. Materials and services include but are not limited to costs for subcontractor services, travel and subsistence, insurance certificates necessitated by the Job, document and map reproduction, computer time, telecommunications, out -of -house fax, rented or leased equipment, supplies, and postage and shipping expenses. Signature: �•• - — - • u=---- - Email: ImdNdid"LAodi.gov 17 Requirements Nates: Q ktc 01/20121. State Farm General = A XV Slate Farm Mutual Auto = A-- XV State Farm Fire and Casualty = Ate XV New Hampshire = A XV - ACORD Farm under User Uploaded Documents 5115119: State Farm General = A XV Stale Farm Mutual Auto = A1� XV State Farm Fire and Casualty = A— XV New Hampshire = A XV State Farm General (NAIC 425150: A XV State Form Mutual Auto (NAIC X25178): A- XV Stale Farm Fire and Casualty (NAIC #25143): A- XV New Hampshire (NAIC #23841): A XV - Accord is in attachments PROJECT STATUS i a Basecamp - Charlie Simpson Overall Status: ( APPROVED V'5 INFO CONTRACT NUMBER PROJECT NUMBER PROJECT NAME DEPARTMENT NAME Q 6 2201 W Turner Rd Community Development Required Policies ^ 3x12 J:nm e^ce 1111.000.000 General Liability lorzen020-10/2812021 Ne�0:r0'r 115.000 Paecy: 90t -rota -s y xe k su'i Agent 111S1Rlr 5101. PMm lif.o.0 In mnC9.4:4mnnttr a.i ;inau,av lry�,, s r,,M `7."9+'�• $2.000.000 nL,°99 $ Automobile Liability WWI" 4i--' ^,�y-r:o� .m�rneu beonY 52000.000 P~3301000.1328-56 i. Agent w mlr�, sa rr rmm mwiwi Abrmh Ig in. Ca Workers Compensation 03/0112021-031M120225/,000.000 - v, Policy. 94VEIIII 7 _ •�'-�nr - F n_/r.y..e 111.000.000 Agent 51.000.000 Professional/Liability ovlonan-0urano22 Pwcy. 06999 r.4-05 S2,000.000 Manual Entry t^r:^.,-°Imt"..... a"----- Required Documents User Uploaded Documents Requirements Nates: Q ktc 01/20121. State Farm General = A XV Slate Farm Mutual Auto = A-- XV State Farm Fire and Casualty = Ate XV New Hampshire = A XV - ACORD Farm under User Uploaded Documents 5115119: State Farm General = A XV Stale Farm Mutual Auto = A1� XV State Farm Fire and Casualty = A— XV New Hampshire = A XV State Farm General (NAIC 425150: A XV State Form Mutual Auto (NAIC X25178): A- XV Stale Farm Fire and Casualty (NAIC #25143): A- XV New Hampshire (NAIC #23841): A XV - Accord is in attachments PROJECT STATUS i -�� State of California S Secretary of State Statement of Information GB54964 (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. FILED If this is an amendment, see instructions. IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State of the State of California 1 CORPORATE NAME BASECAMP ENVIRONMENTAL, INC DEC -20 2019 2 CALIFORNIA CORPORATE NUMBER C3840258 This Space for Filing Use Only No Change Statement (Not applicable if agent address of record is a P.O Bax address See instructions_) 3 If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement of information has been previously filed, this form must be completed In its entirety. If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to Item 17. Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P O. Boxes.) 4 STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 5 STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 6 MAILING ADDRESS OF CORPORATION IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the speck officer may be added; however, the preprinted titles on this form must not be altered.) 7 CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE 8 SECRETARY ADDRESS CITY STATE ZIP CODE 9 CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one director Attach additional pages, if necessary.) 10 NAME ADDRESS CITY STATE ZIP CODE 11 NAME ADDRESS CITY STATE ZIP CODE 12 NAME ADDRESS CITY STATE ZIP CODE 13 NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 15 must be completed with a Califomia street address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of Slate a certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank _ ,- 14 NAME OF AGENT FOR SERVICE OF PROCESS 15 STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE Type of Business 16 DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION 17 BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT 12/20/2019 CHARLES RICHARD SIMPSON PRESIDENT DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SI -200 (REV 0112013) APPROVED BY SECRETARY OF STATE State of California S „ r Secretary of State -m 4 Statement of Information G 654964 (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. FILED If this is an amendment, see instructions. IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State of the State of California 1 CORPORATE NAME BASECAMP ENVIRONMENTAL, INC DEC -20 2019 2 CALIFORNIA CORPORATE NUMBER C3840258 This Space for Filing Use Only No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.) 3 If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement of information has been previously filed, this form must be completed in its entirety. wi If there has been no change in any of'.!%k: information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to item 17. Complete Addresses for the Following (Do not abbreviate the name of the city- Items 4 and 5 cannot be P O Boxes.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 5 STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE B MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE Names and Complete Addresses of the Following Officers (The corporation must list these three officers- A comparable title for the specific officer may be added; however, the preprinted titles on this form must not be altered.) 7 CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE B SECRETARY ADDRESS CITY STATE ZIP CODE 9- CHIEF FINANCIAL OFFICERI ADDRESS CITY STATE ZIP CODE Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one director Attach additional pages, if necessary,) 10 NAME ADDRESS CITY STATE ZIP CODE 11 NAME ADDRESS CITY STATE ZIP CODE 12 NAME ADDRESS CITY STATE ZIP CODE 13 NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street address, a P.O Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank 14 NAME OF AGENT FOR SERVICE OF PROCESS 15 STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE Type of Business 16 DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION 17 BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE rHE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT 12/20/2019 CHARLES RICHARD SIMPSON PRESIDENT DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SI -200 (REV 0112013) APPROVED BY SECRETARY OF STATE 157 CALIFORNIA RESERVE INC. APPLICATION REIMBURSEMENT AGREEMENT This Agreement is made by and between the City of Lodi, a municipal corporation, hereafter referred to as "CITY", 157 California Reserve Inc., a California corporation, hereafter referred to as "DEVELOPER" RECITALS A. DEVELOPER wishes to seek a General Plan Amendment, Rezone and Site Plan and Architectural Review for development of a hotel, restaurant, retail and apartment project on Turner Road. CITY intends to provide thorough, complete, and professional review of DEVELOPER's various land use applications. In order to provide such thorough, complete, and professional review, CITY intends to supplement its existing staff with qualified adjunct staff secured via a consultant services agreement. DEVELOPER agrees to reimburse CITY for all its expenses related to the thorough, complete, and professional review of DEVELOPER's various land use applications including but not limited to contracting with outside vendors as provided in this Agreement. B. The property proposed for development is shown on Exhibit "A" which is attached hereto and incorporated herein by this reference (the "Property"). C. State Laws and City policies and procedures require the preparation of a comprehensive site layout and design and a specific project level development plan ("Development Plan"). D. Said Plans will require an Environmental Impact Report ("EIR") to determine the environmental impact, if any, of the proposed Development Plan. E. CITY's policies and procedures require that DEVELOPER bear the full cost of processing the proposed Development Plan. F. The total estimated fees and costs for the processing of the EIR and other applications are $138,000.00. The fees listed herein are estimates. Should the actual fees and costs exceed the estimates, DEVELOPER shall pay the difference. Likewise, should the actual costs be less than the estimated costs, DEVELOPER's obligation shall be reduced accordingly. G. The Parties further acknowledge that the California Fair Political Practices Act requires that DEVELOPER have no direction or control over the response times, selection, supervision, activities, recommendations, or decisions of the contract environmental planner. 8882650 35890/0001 11Jan06 PDE AGREEMENT NOW THEREFORE in consideration of the mutual covenants made herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereto agree as follows: 1. Recitals True and Correct. The parties agree that the "RECITALS" contained hereinabove are true and correct. 2. Expense Reimbursement. CITY will engage outside vendors and in-house staff in its sole discretion to perform the legal, environmental and planning services necessary for the Project. DEVELOPER will reimburse CITY for all in-house and outside costs associated with the Project. The fees listed herein are estimates. Should the actual fees and costs exceed the estimates, DEVELOPER shall pay the difference. Likewise, should the actual costs be less than the estimated costs, DEVELOPER'S obligation shall be reduced accordingly. 3. DEVELOPER'S Cooperation. DEVELOPER will cooperate with CITY in performing the legal, environmental, and planning work required of the CITY to advance the Project. 4. DEVELOPER'S Deposit. Upon execution of the Agreement, DEVELOPER shall deposit $60,000.00 cash (or other equivalent security in a form approved by the City Manager) with CITY. CITY will hold the deposit and charge invoices received and in-house expenses incurred against the deposit. In the event that the deposit is drawn down to a balance of less than $20,000.00, DEVELOPER shall deposit additional funds to maintain an evergreen balance of at least $20,000.00 ("Evergreen Deposit"). DEVELOPER shall deposit the Evergreen Deposit within 15 days of receiving notice from CITY. In the event that funds remain on deposit at the conclusion of the services contemplated by this Agreement; they shall be refunded to DEVELOPER. The deposit shall earn interest at the LAIF rate. Interest shall be credited back to the Evergreen Account and only refunded if a positive balance remains at the conclusion of the project. 5. Termination of Agreement. a. DEVELOPER shall have the right to terminate this Agreement by delivering notice to the parties and upon receipt of such notice by: CITY, CITY shall refund to DEVELOPER any unused funds previously deposited by DEVELOPER. b. Post Termination Work. Notwithstanding the provisions of Section 7(a) and (b), DEVELOPER may request that, after DEVELOPER has delivered notice of termination, CITY complete work in progress as identified by DEVELOPER. DEVELOPER shall reimburse CITY for the costs of completion of the identified work. 6. Payment of Costs Not Contingent on Project Approval/No Entitlements Granted. The payment of the fees and costs identified herein is not contingent upon the approval of the proposed development. DEVELOPER understands that the proposed 8882650 35890/0001 11Jan06 PDE project requires the approval of Lodi City Council. DEVELOPER fully accepts all risks associated with the approval process. Nothing in this Agreement shall provide DEVELOPER with any right to secure approval of any development plan or other entitlement. In addition, DEVELOPER agrees that it will have no rights to select the contract environmental planner; or direct the work, response times, recommendations or approvals of the contract environmental planner. 7. DEVELOPER'S Failure to Pgy. Should DEVELOPER fail to make any of the payments in the amounts and at the times stated in the Section 4 of this Agreement, CITY may, at its option, stop all further work on the project and not proceed until the sums due are paid. Should DEVELOPER abandon the project, DEVELOPER shall be responsible for the payment to CITY of all fees and costs incurred by CITY at the time the project is abandoned, including such fees and costs for all work in progress but not yet billed to CITY by its contract consultants. 8. No Damages for Delay. CITY, its elected and appointed officials, officers, agents, or employees shall not be responsible or liable to DEVELOPER for any damages of any type or description which may result from any delays associated with the processing of the project whether caused by the negligence of CITY, its elected and appointed officials, officers, agents, employees, or otherwise. 9. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Joaquin, State of California, or any other appropriate court in such county, and DEVELOPER covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 10. Waiver. No delay or omission in the exercise of the right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party or any default must be in writing and shall not be a waiver of any other default concerning the same and any other provision of this Agreement. 11. Attorney Fees. If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8882650 35890/0001 11Jan06 PDE 12. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 13. Integration: Amendment. It is understood that there are no oral or written agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, whether oral or written, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by the parties. 14. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its validity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 15. Corporate Authority_. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing under state law, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party if bound. 16. Indemnification. Defense and Hold Harmless. a. DEVELOPER agrees to and shall indemnify, defend and hold CITY, its council members, appointed officials, officers, agents, employees and representatives harmless from liability for damage or claims of damage, for personal injury, including death, and claims for property damage which may arise from CITY's hiring of a contract environmental planner and the service provided thereby. b. DEVELOPER's obligation under this section to indemnify, defend and hold harmless CITY, its council members, appointed officials, officers, agents, employees, and representatives shall not extend to liability for damage or claims for damage arising out of the sole negligence or willful act of CITY, its council members, appointed officials, officers, agents, employees or representatives. In addition, DEVELOPER's obligation shall not extend to any award of punitive damages against CITY resulting from the conduct of CITY, its council members, appointed officials, officers, agents, employees or representatives. C. With respect to any action challenging the validity of this Agreement or any environmental, financial or other documentation related to approval of 8882650 35890/0001 11Jan06 PDE this Agreement, DEVELOPER further agrees to defend, indemnify, hold harmless, pay all damages, costs and fees, if any incurred to either CITY or plaintiff(s) filing such an action should a court award plaintiff(s) damages, costs and fees, and to provide a defense for CITY in any such action. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: LION Olivia Nashed, City Clerk APPROVED AS TO FORM: Janice D. Magdich, City Attorney THE CITY OF LODI, a municipal corporation By: Stephen Schwabauer, City Manager DEVELOPER: 157 California Reserve Inc, a California corporation Name: Celia Title: President Address: 67667 HWY 20 Bend, OR 97703 8882650 35890/0001 11 Jan06 PDE Rn O Exhibit A N dtg Q40 a XgZ "kms a % G w t i f I r }r f r �xTP RTS•` - ff ,� � Q� 01 iI i ! JF ---r�+�N. CnhPsrlh.••.r ! aw W i � � tio���4 �pyip N w SW��3o: re`� lily Como , v ipnn" yrs ay :rgp mwa/ ---- - • ,a .: n bx7 ills �~ .--_- _-N.+ - -•r :r_ �� s;.4a rN�'7_rrr �cw �' � z �1 xz? _ yyggy r` - ---,iF i�!{[!'i!p i• fYfr�.. —YS '•�Y7MlFN'1+. �___ —\ �___.- _ ._ .- � L '�' i ��n "�vC7 rlNe R��.. i_yu• 'y�k� RESOLUTION NO. 2022-279 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL REVIEW DOCUMENTATION WITH BASECAMP ENVIRONMENTAL, INC., OF LODI, AND TO EXECUTE AN UPDATED REIMBURSEMENT AGREEMENT WITH 157 CALIFORNIA RESERVE, INC., FOR ENVIRONMENTAL REVIEW SERVICES BY BASECAMP ENVIRONMENTAL, INC., FOR THE PROPOSED PROJECT AT 2201 WEST TURNER ROAD WHEREAS, the City of Lodi has received a land use application from 157 California Reserve, Inc., for 2201 West Turner Road. The proposed project includes a General Plan Amendment, Rezone, and master development plan for the property; and WHEREAS, the land use entitlement for this project will require the preparation of an environmental document consistent with the California Environmental Quality Act. This project is not exempt from environmental review; and WHEREAS, the project applicant is required to pay for the preparation of environmental review; and WHEREAS, staff executed a Professional Services Agreement for environmental review documentation with BaseCamp Environmental, Inc., in April 2021, with the cost of the professional services identified in an amount not to exceed $104,244.25; and WHEREAS, staff and BaseCamp Environmental, Inc., now wish to extend the term of the Agreement from December 31, 2021 to December 31, 2023; and WHEREAS, in exchange for the revisions to the prior traffic analysis to provide an up-to- date and accurate analysis under current law to be performed by BaseCamp Environmental, Inc., during the extended term, the total costs listed in the Agreement shall be increased by $11,020, plus a total contract contingency of $11,000 to provide for any additional unanticipated costs, for a new total amount not to exceed $126,264.25 for the Agreement; and WHEREAS, an updated reimbursement agreement with 157 California Reserve, Inc., the project applicant, is also included that ensures that all project costs, including staff time, are born by the applicant. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement for environmental review documentation with BaseCamp Environmental, Inc., of Lodi, California, in the amount of $11,020, thereby extending the agreement to December 31, 2023; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an updated reimbursement agreement with 157 California Reserve, Inc., for environmental review services by BaseCamp Environmental, Inc., for the proposed project at 2201 West Turner Road; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: November 16, 2022 ------------------------------------------------------------- ------------------------------------------------------------- I hereby certify that Resolution No. 2022-279 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 16, 2022 by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-279