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HomeMy WebLinkAboutContracts & Agreements_10A-2018AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES This agreement for the provision of environmental consulting services (this "Agreement") is made and entered into this 16th day of January, 2018, by and between the City of Redlands, a municipal corporation (hereafter "City") and LSA Associates, Inc., (hereafter "Consultant"), who are sometimes referred to herein individually as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant hereby agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 Engagement of Consultant. City hereby retains Consultant to perform professional environmental consulting services (the "Services") associated with City's environmental review of the proposed "Safety Hall" project (the "Project") as set forth in the Scope of Work which is attached hereto as Exhibit "A" and incorporated herein by this reference, and upon the terms and conditions described herein. Consultant shall determine the method, details and means of performing the Services, and Consultant shall perform the Services to the best of its ability and with the skill, expertise and level of competency presently maintained by other practicing professionals providing similar services in the industry. Consultant shall prepare all environmental documents required for the Project by this Agreement in conformance with the California Environmental Quality Act ("CEQA") and the State and City's CEQA guidelines. ARTICLE 2 - COMPENSATION 2.1 Compensation. As compensation for its performance of the Services, City shall pay to Consultant an amount not to exceed sixty six thousand and nine hundred and thirty dollars ($66,930.00) in accordance with the hourly rates and estimates of expenses contained in Exhibit "B." Payment to Consultant shall be made monthly, upon City's receipt of an itemized invoice describing the items for which payment is requested. Invoices shall document the status of the Services associated with the fees billed, and are due and payable within thirty (30) days of the date they are received by City. ARTICLE 3 - INSURANCE AND INDEMNIFICATION 3.1 Consultant's Insurance - General Requirements. All insurance required by this Agreement shall be maintained by Consultant for the term of this Agreement. Except for Workers' Compensation and employer's liability insurance, City shall be named as an additional insured for such policies and such insurance shall be primary with respect to City and non- contributing to any insurance or self-insurance maintained by City. The insurance policies shall include provisions prohibiting cancellation of the policies except upon thirty (30) days prior written notice to City. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of the Services. Agreement — Environmental Consulting Services — Safety Hall Project 111612018 3.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the term of this Agreement in an amount which meets statutory requirements with an insurance carrier acceptable to City. 3.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. 3.4 Business Auto Liability Insurance. Consultant shall secure and maintain business auto liability coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Consultant -owned vehicles used to perform the Services, hired and non -owned vehicles, and employee non -ownership vehicles. 3.5 Assignment and Insurance Requirements. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. ARTICLE 4 - SCHEDULE TERMINATION AND MISCELLANEOUS PROVISIONS 4.1 Schedules for Completion. The schedule for completion contained in Exhibit "c," which is attached hereto and incorporated herein by reference, illustrates a time frame for document preparation that has been established by Consultant. City and Consultant recognize that delays could occur for reasons outside the control of Consultant. If this situation occurs, an extension of the due date for completion may be permitted by City. 4.2 Suspension. Consultant acknowledges that the developer of the Project is obligated to fund all costs incurred by City under this Agreement and to cooperate with City by providing information relating to the Project, and that the developer is required to make periodic advance payments to City in connection with this Agreement by separate agreement with City. If the developer of the Project fails to make any required payment to City, or if the developer fails to cooperate with City by failing to provide City with information or data relating to the Project, Consultant acknowledges that City shall have the right to require Consultant to suspend or cease work under this Agreement without liability to Consultant. 4.3 Termination. City may terminate this Agreement at any time, without cause, by five (S) business days prior written notice to Consultant. Upon such termination, Consultant shall deliver to City all documents, reports, materials and work of any nature pertaining to the Services to be performed under this Agreement that are in the possession of Consultant or under 2 Agreement -- Environmental Consulting services -- safety Hall Project 1/16/2018 its control. In such event, Consultant shall be paid for the Services performed to the date of termination based on time and reimbursable billings. The total sum paid to Consultant in the event of termination of this Agreement shall not exceed the sum set forth in Section 2.1 hereof. 4.4 Hold Harmless and Indemnification. A. Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, employees and agents from and against any and all claims, causes of action, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent or intentional wrongful act or omission of Consultant, its officers, employees and agents in performing the Services. B. City shall indemnify, hold harmless and defend Consultant and its officials, employees and agents from and against any and all claims, causes of action, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent or intentionally wrongful act or omission of City, its elected officials, officers, employees and agents in performing the Services. 4.5 Independent Contractor. This Agreement is for the performance of professional services to City and does not make the employees of Consultant employees of City for the purpose of payroll deductions, unemployment insurance or any other benefits. Consultant shall at all times during the term of this Agreement retain the status of an independent contractor. 4.6 Notices. Any notice, request, or other communication to either Party by the other as provided for in this Agreement shall be given in writing, and sent by: (a) hand -delivery, (b) first class United States mail, return receipt requested, or (c) overnight delivery service, and shall be deemed given upon actual receipt by the addressee. Notice may also be given by facsimile or e-mail, provided the original is sent by any manner as described above in this Section. Notices shall be addressed as follows: City: Brian Desatnik Development Services Director City of Redlands P.O. Box 3005 Redlands, CA 92373 Consultant: LSA Associates, Inc. Lynn Calvert -Hayes, Principal 1500 Iowa Avenue, Suite 200 Riverside, CA 92507 Either Party may change the recipient or address for receiving notices upon written notice to the other party. Agreement — Environmental Consulting Services —Safety Hall Project 1/16!2018 4.7 Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate on the grounds of race, color, national origin, sex, sexual orientation or disability, or any condition related thereto in the selection and retention of employees and sub - consultants and the procurement of materials and equipment. 4.8 Ownership of Documents. The reports, drawing, maps and other documents prepared under this Agreement by Consultant shall be and remain the property of City upon completion and acceptance of Consultant's Services or, to the extent then -prepared by Consultant, upon any earlier termination of this Agreement. 4.9 Attorneys` Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel. 4.10 Entire Agreement. This Agreement supersedes any and all other agreements, either verbal or in writing, between the Parties hereto with respect to the matters contained herein. Each Party to this Agreement acknowledges and agrees that no representations, inducements, promises or agreements, verbal or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, stipulation or promise not contained in this Agreement shall be valid or binding on either Party. 4.11 Books and Records. Consultant shall maintain books and accounts of all Project related costs and all expenses. Books shall be available at all reasonable times for examination by City at the office of Consultant. 4.12 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4.13 No Third Parties Beneficiaries. This Agreement shall not be deemed to confer any rights upon any third parties as beneficiaries of this Agreement (including, but not limited to, the developer of the Project), nor obligate either of the Parties to this Agreement to any person or entity not a Party to this Agreement. 4.14 Venue. In the event that any legal action should be filed by either party against the other, the venue and forum for such action shall be the Superior Court of the State of California for the County of San Bernardino or in the Federal District Court for the Central District of the State of California. Each of the persons and entities who are shareholders or partners of Consultant also agree to this venue and forum and further agree that, if they are not residents of California at the time of such actions, service of process may be made on them by delivery via United States registered or certified mail. 4 Agreement —Environmental Consulting Services — Safety HalI Project 1/1612018 CITY OF REDLANDS r: �]� Paul W. Foster, Mayor Attest: Je e Donaldson, City Clerk LSA ASSOCIATES, INC. k7 Rob McCann, CEO Agreement — Environmental Consulting Services — Safety Half Project !!1612018 EXHIBIT A SCOPE OF WORK [ATTACHED] Agreement — Environmental Consulting Services — Safety Hall Project 1/16/2018 C. APPROACH AND METHODOLOGY LSA understands the City wishes to retain a qualified environmental consultant to prepare an Initial Study—Negative Declaration/Mitigated Negative Declaration (IS/MND) for the proposed Safety Hall and Courthouse Demolition, General Plan Amendment and Zone Change Project in accordance with the California Environmental Quality Act (CEQA). Our scope of work includes a peer review of applicant -prepared technical studies that assess architectural/historical resources and hazardous materials as well as preparation of technical air quality/greenhouse gas emissions, archaeological resources, and traffic. Based on our experience with similar types of projects, we agree with the City that an IS/MND will be the correct environmental document required for the project because it is anticipated that all project -specific and cumulative impacts will be mitigated to less than significant levels. However, this project may receive scrutiny from the residents in the project vicinity, so LSA suggests the City and the applicant provide information to the residents and solicit concerns during the early part of the CEQA process. As the Lead Agency in accordance with CEQA, the City will be ultimately responsible for the contents of the IS/MND. LSA's role is to prepare the environmental documentation for the project under the supervision of the City. The IS/MND will provide an objective analysis of the physical impacts that may result from the construction and operation of the proposed project. Consistent with the City's obligation under CEQA, LSA will prepare an accurate, comprehensive, and legally defensible environmental document in a timely manner. SCOPE OF WORK LSA proposes the following tasks to: 1) complete technical memoranda summarizing the results of our peer reviews of the applicant -prepared architectural/historical resources study and hazardous materials studies; 2) to prepare technical studies addressing air quality/greenhouse gas emissions, archaeological resources, and traffic; and 3) prepare an IS/MND. If the results of the IS determine that an MND is not the appropriate CEQA document and an Environmental Impact Report is required, LSA will coordinate with the City to adjust the scope of work, budget, and schedule to minimize delay and additional cost in completing the CEQA process for the project. The following tasks will be performed: Task 1.0: Project Initiation Task 1.1: Project Initiation A project kick-off meeting will be held to ensure an orderly flow of project efforts. The meeting will be held with City staff and other project team members as appropriate in order to accomplish the following: Establish a mutual understanding of the CEQA program objectives and key issues, explore community concerns regarding the proposed project, and discuss the City's expectations for the consultant's work effort. 2 identify City contacts, neighborhood associations, or service organizations whose input will be vital to the successful completion of the CEQA program. • Refine the scope of work to be performed including related peer reviews of applicant -prepared studies and LSA -prepared technical studies. • Define protocols for requesting information of City staff and City team members. • Refine the project schedule, establish protocols for product review and coordination with the City, and define project milestones and decision points. • Obtain relevant plans, reports, ordinances, and studies applicable to the project. • Obtain the City's mailing list for environmental documents. Prior to the kick-off meeting, LSA will identify its document and information needs to assist the City and the City team members in accumulating the background information necessary to initiate the program. These needs may include the following: • Planning application materials for the proposed project; • Relevant planning and General Plan data and mapping for the site and surrounding area; and • Recent technical or environmental studies from the surrounding area. LSA will collaborate with City staff and the applicant team members in defining the project description and reviewing the proposed scope of work. LSA will draft a comprehensive project description based on the most recent information provided by City in addition to the project information provided by the project applicant or other team members. The project description will provide a detailed narrative of the proposed project, operational characteristics, and geographical setting as required by CEQA. Additionally, LSA will visit the project site to establish an understanding of existing site conditions, the physical setting of the proposed project site, and the relationship between the project site and adjacent land uses. Task 1.1 Deliverables: Minutes of the kick-off meeting clarifying the project's objectives and (as applicable) a revised project schedule. The kick-off meeting minutes will be provided to the City in an electronic format for review and approval. Task 1.2: Project Description A clear understanding of the project is fundamental in the successful completion of the environmental documents. Based on information provided by the City and/or applicant team, LSA will review and refine the project description. The project description will provide a detailed narrative of the various project components including (but not limited to) assumptions regarding future commercial structures and features, anticipated start dates of demolition and grading, infrastructure improvements, other ancillary landscaping and utility features, required City actions, project objectives, and related information. LSA will submit the project description to the City for review and approval. As required, LSA will amend the project description to incorporate City review comments. f3 Task 1.2 Deliverables: The project description will be provided to the City in electronic format for review and approval. Task 2.0: Technical Studies Task 2.1: Applicant -Prepared Studies This scope and cost estimate anticipates the following applicant -prepared technical studies will be peer reviewed and (as appropriate) incorporated into the CEQA document: = Architectural and Historical Significance Assessments of 212 and 216 Brookside Avenue, City of Redlands, San Bernardino County, Archaeological Associates, November 2017. Phase I Environmental Site Assessment of 212 Brookside Avenue, Redlands, CA 92373, Force Environmental, Inc., July 2016. T Phase I Environmental Site Assessment 216 Brookside Avenue, Redlands, CA 92373, Force Environmental, Inc., February 2017. Phase 11 Environmental Site Assessment, Force Environmental, Inc., October 2016. Asbestos and Lead Survey for the Property located at 212 Brookside Avenue, Redlands, California, Force Environmental, Inc., August 2016. a Asbestos and Lead -Based Paint Survey for the Property 216 Brookside Avenue, Redlands, CA, Force Environmental, Inc., February 2017. The reports prepared by the project applicant will be independently peer-reviewed prior to use as part of the project's compliance with CEQA. For each applicant -commissioned study identified above, LSA will: • Review the project description, project assumptions, and project data to ensure the analysis addresses a project that is substantially consistent with that presented to the City for review; • Review the methodology, approach, and assumptions of each report to ensure that the technical analysis follows the standards and requirements of the appropriate overseeing agency; Review the project data and site conditions to ensure that the baseline conditions are essentially unchanged since the time the studies were completed and confirm that no change in site conditions is anticipated or updates are required; Review the findings and conclusions of each report to ensure a sufficient discussion of project - specific impacts and the identification of mitigation in accordance with CEQA has been provided; As necessary, contact technical authors and/or City staff to clarify specific analysis and/or requirements; and Provide a written summary of project mitigation measures that should be carried forward into the CEQA document. As needed, LSA will conduct one site visit to confirm any information presented in each applicant - provided report. This scope and cost estimate anticipates the original analysis files will be made available as deemed necessary during the peer review effort. Review of other applicant -prepared 4 studies, such as geotechnical investigations or hydrology and water quality reports, will be limited to those policies, requirements, and topics relevant to the CEQA analysis and will not constitute a peer review. Task 2.2: LSA -Prepared Studies Task 2.2.1: Air Quality/Greenhous Gas Emissions Impact Study. The proposed project is located in the City of Redlands, which is in the South Coast Air Basin (Basin). Air quality in this area is administered by the South Coast Air Quality Management District (SCAQMD). LSA will prepare a technical air quality impact analysis that will evaluate the proposed development for its potential environmental impacts. The analysis will be prepared consistent with applicable City and SCAQMD procedures and requirements and will include a review the new General Plan for consistency with air quality policies. The following tasks will be performed. Regulatory Setting and Significance Thresholds. A thorough discussion of all applicable federal, State and local regulations will be included to ensure a comprehensive impact analysis, particularly focusing on the rapidly evolving greenhouse gas regulations. This will be followed by a clear discussion of all applicable significance thresholds. Baseline Air Quality Conditions. Baseline and project setting meteorological and air quality data developed through the California Air Resources Board (ARB) and climatological and air quality profile data gathered by the SCAQMD will be utilized for the description of existing ambient air quality. Air quality data from the air quality monitoring station nearest the project site for the past three years will be included to help highlight existing air quality local to the proposed project site. Other sources such as regulatory documents, professional publications, and LSA's experience in the project area will supplement background information. A brief overview of the nature and location of existing sensitive receptors will be provided to set the context for how such uses may be affected by the proposed project. Short -Term Construction Emissions. Construction would occur during implementation of the proposed project. Air quality and greenhouse gas impacts from demolition, site preparation, grading and construction equipment used, and length of time for each specific construction task will be assessed. Exhaust and dust emissions from worker commutes and equipment travel will also contribute to the construction emissions. Fugitive dust emissions would result from wind erosion of exposed soil and soil storage piles, grading operations, and vehicles traveling on paved and unpaved roads. LSA will calculate the construction emissions commensurate with available project -specific information (e.g., start and end dates, phasing schedule, equipment inventory, soil import or export quantities, and the location where construction waste will be hauled) or standard defaults using the CalEEMod (Version 2016.3.2) air quality model and following the SCAQMD CEQA Air Quality Handbook guidelines. For specific construction details not provided, assumptions based on standard construction practices will be used. Standard measures for construction activities recommended by the SCAQMD will be identified and incorporated as part of the project's standard conditions. 9 LSA will also calculate the greenhouse gas (GHG) emissions associated with construction activities using the same methodology as described for the air quality impact analysis. Emissions will be calculated of carbon dioxide (COA a key greenhouse gas identified in AB 32, and other major greenhouse gases such as methane (CH4) and nitrous oxide (N20) from construction -related sources. Long -Term Mobile and Stationary Source Emissions. The proposed project will potentially increase the number of vehicle trips in the project area. It is also expected that there would be additional stationary source emissions, such as on-site energy consumption, as a result of the proposed project. The proposed project is expected to result in increased GHG emissions from increased vehicle usage, on-site energy consumption, and lighting and landscape maintenance. Emissions of air pollutants including GHGs from long-term mobile and stationary sources associated with this project will be calculated using CalEEMod and will follow the SCAQMD CEQA Air Quality Handbook guidelines. Potential cumulative air quality impacts associated with the proposed project will be evaluated. Localized Significance Analysis. A localized significance analysis will be performed to evaluate the potential impacts on nearby sensitive receptors from emissions from both short-term construction activities and long-term project operations. These Localized Significance Threshold (LST) impacts will be evaluated using the SCAQMD's LST screening level methodology. If warranted, dispersion modeling will be conducted to determine the project's impacts related to LSTs. Long -Term CO Hot Spot Impact Analysis. Vehicular traffic on major arterials and local streets in the project vicinity will be affected by trips associated with the proposed project. A screening level carbon monoxide (CO) hot spot analysis will be conducted based on the current CO concentrations in the project vicinity and project -related traffic trips. If warranted, a detailed CO hot spot analysis will be prepared using CALINE4 and EMFAC2014 models, based on project -related peak hour turn volumes at intersections in the project vicinity and background CO concentrations in the project vicinity. Mitigation Measures. LSA will work with the Applicant, the City and, if necessary, the SCAQMD to identify feasible mitigation measures for any potential air quality impacts. Project design features that act as mitigation will be evaluated and any other feasible mitigation will be discussed. Mitigation measures will be developed as indicated in the impact analysis. Response to Comments. LSA will prepare one draft Air Quality/Greenhouse Gas Impact Analysis report as described above and will respond to up to one round of comments from the City to create a final Air Quality/Greenhouse Gas Impact Analysis report. Meeting Attendance. LSA Air Quality and Greenhouse Gas specialists will plan to attend public hearing(s) to support City staff, and respond to environmental questions as follows: a. One Planning Commission hearing; b. Optional task for a 2nd Planning Commission hearing (if continued); c. One City Council hearing for a decision on the project; and d. Optional task for a 2nd City Council hearing (if continued). 0 Task 2.2.2: Cultural Resources Study. A cultural resources report will be prepared in accordance with the Office of Historic Preservation's Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The following tasks will be performed. Records Search. A records search for cultural resources (archaeological and historical) will be conducted at the South Central Coastal Information Center (SCCIC), the State -designated repository for records concerning cultural resources in San Bernardino County, located at the California State University, Fullerton. The objectives of this research will be to (1) establish the status and extent of previously recorded sites, surveys, and excavations in the project area and (2) note what types of resources might be expected to occur within the proposed project based on the existing data from known cultural resource sites located within a 1 -mile radius. Data sources that will be consulted at the SCCIC include archaeological site and isolate records, historic maps, reports from previous studies, and the State Historic Resources Inventory, which contains listings for the National Register of Historic Places, the California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest. Field Survey. An archaeological field survey of the project area will be completed to identify evidence of prehistoric (Native American) and historic (non -Native American) archaeological materials. Any resources identified by the SCCIC will be field checked and existing documentation will be updated on Department of Parks and Recreation (DPR) forms. Please be advised that pursuant to LSA's access agreement with the SCCIC (a designated affiliate of the Office of Historic Preservation), LSA is contractually obligated to record any cultural resources encountered during the survey. In the event that any resources are identified within the project area, LSA will notify the client and additional budget will be requested to document the resource(s) and provide discussion in the report. Report. A cultural resources report will be prepared by a Secretary of the Interior (SOI) qualified archaeologist in accordance with the Office of Historic Preservation's Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. It will include sections addressing environmental and cultural background, methods, results, and recommendations. In the event of positive results (i.e., a cultural resource is identified within the project area), the report will also include expanded historic and ethnographic contexts, mitigation measures (if requested by the City), and any associated cultural resource site documentation. for purposes of this proposal, LSA stipulates response to one round of minor comments (4 hours or less) from the City. If there are positive results, more than one round of comments requiring response, or substantive issues develop necessitating unanticipated effort (e.g., protracted coordination or assistance with Native American consultation), a contract amendment and budget modification will be required and a schedule adjustment may also be needed. Task 2.2.3: Troffic Study. The traffic analyses for the proposed project will address existing traffic conditions, opening year traffic forecasts, project -related impacts, and mitigation measures, and will be prepared for submittal to the City. Since the project will be a General Plan Amendment and Zone Change, a build -out (year 2040) conditions analysis will also be required. Therefore, traffic conditions will be examined for the following six analysis scenarios: Existing conditions; VA • Existing with project conditions; • Opening year without project conditions; • Opening year with project conditions • Year 2040 without project conditions; and • Year 2040 with project conditions. The existing with project conditions analysis is not required by the Congestion Management Plan (CMP) but will be included for CEQA compliance. Project Trip Characteristics. Weekday a.m. and p.m. peak hour trip generation for both projects will be developed using rates from the Institute of Transportation Engineers (ITE) Trip Generation (9" Edition) for a Shopping Center or any other source approved by the City. It should be noted that ITE provides rates for shopping centers using and equation as well as average rates. Typically, for small to medium-sized shopping centers (less than 250,000 square feet), the equation is recommended since it provides higher trip rates compared to the average rates. In reality, smaller shopping centers generate greater number of trips per square foot due to lower internal absorption. Therefore, LSA has prepared this scope of work assuming that the equation will be used to determine project trip generation rates. This also will be a more conservative scenario for purposes of the traffic analysis. LSA will coordinate with City staff to finalize the recommended approach for preparation of the trip generation for the proposed project. Project trips will be distributed based on the locations of residential, employment, and commercial centers in relation to the project. Coordination with City Staff. LSA is coordinating with City's Public Works Department staff to finalize the scope of work for both the proposed projects. LSA anticipates the following will be required from the City: • Finalizing the scope of work with the City. This includes, study intersections, and project trip generation, distribution and assignment. • Verification of the acceptability of traffic analysis methodologies and assumptions, prior to completing the study. • A list of approved and pending projects to be included for the analysis, • Identification of Opening Year and Year 2040 volume development methodology. Data Collection. Data collected will be used for both traffic studies. The following data will be required to prepare the circulation analysis for the proposed project: • Existing Peak Hour Intersection Counts: LSA will collect existing intersection turn volumes for the a.m. and p.m. peak periods at all study intersections. For purposes of this scope and budget estimate, it is anticipated that turning movements will be collected at up to six intersections within the project study area. • Planned Improvements for Area Roadways: Information on planned improvements of roadways in the vicinity of the project site will be requested from the City Public Works Department. 0 • Approved/Planned Development Projects: A list of approved and planned projects will be requested from the City for use in developing Opening Year traffic volumes. It is anticipated that up to six approved or pending projects will be included in the traffic study. This information will be used for developing opening year background traffic volumes in both traffic studies. Each proposed project will be a cumulative project included in the other study. Existing Traffic Conditions. LSA will assess existing a.m. and p.m. peak -hour traffic conditions and levels of service (LOS) for the intersections identified for examination for each individual project. Intersection LOS will be calculated in Synchro software using the Highway Capacity Manual (HCM) analysis methodologies, consistent with City requirements. Existing with Project Traffic Conditions. Existing with project traffic volumes will be developed by adding project traffic assignment to the existing without project traffic conditions for both projects. The resulting intersection levels of service will be calculated using the previously discussed methodologies. Opening Year without Project Traffic Conditions. As noted above, the specific methodology to be used to develop Opening Year without project traffic volumes will need to be identified in consultation with City staff. Based on previous experience with preparation of traffic studies in the City, LSA anticipates that opening year volumes will be developed through application of a growth rate to existing traffic volumes and the addition of approved/planned project traffic volumes to existing traffic. The specific growth rates to be used in this process will be identified in consultation with City staff based on forecast data available from the City. In addition, traffic generated for up to six approved and planned developments will be added to the base opening year volumes. Opening Year with Project Traffic Conditions. Opening Year with project traffic volumes will be developed by adding project traffic assignments to the Opening Year without project traffic conditions. The resulting intersection levels of service will be calculated using the previously discussed methodologies. Year 2040 without Project Traffic Conditions. Based on LSA's prior experience working with the City, LSA anticipates that year 2040 without project traffic volumes will be developed based on SCAG growth rates for the region. If the City requests otherwise, then LSA will need to run the SBTAM model to obtain year 2040 traffic volumes. LSA can run the model in-house, which will help significantly in reducing costs for obtaining model runs from other consultants or agencies. The resulting intersection levels of service will be calculated using the previously discussed analysis methodologies. Year 2040 with Project Traffic Conditions. Year 2040 traffic volumes with the proposed projects will be developed by adding project traffic assignments to year 2040 without project traffic conditions. The resulting intersection levels of service will be calculated using the previously discussed analysis methodologies. Project Impact Assessment. Without project intersection levels of service will be compared with plus project levels of service to determine potential project impacts under each analysis scenario (Existing, Opening Year, and Year 2040). Determination of the significance of project impacts will be made based on City levels of service and threshold of significance criteria. 17 Mitigation Measures. Mitigation measures will be identified to offset significant project impacts. LSA will first review circulation mitigation commitments from previously approved projects to determine their applicability. Then, other mitigation measures—including intersection turn lanes, signalization, and segment lane additions—will be considered to address new potential impacts. The levels of service with mitigation will be calculated and summarized, along with a comparison of the levels of service without mitigation. Project Contribution/Fair Share. LSA will calculate project fair share based on SBCTA methodologies. A table with recommended mitigation will be prepared; it will include mitigation measures divided into two categories. The first category will include mitigation measures under existing plus project conditions that the project will need to install. The second category will include mitigation measures required under year 2040 conditions and the corresponding project fair share for each of those improvements. Draft Traffic Study Preparation and Submittal. LSA will prepare a draft traffic study report documenting analysis methodologies, existing conditions, opening year and year 2040 conditions, project impacts, mitigation measures, and the project contribution to mitigation measures for each project. The draft traffic studies will be submitted to the client for review and submittal to the City. One revision of the traffic analysis will be prepared to respond to City comments. Meetings. It is not anticipated that representatives of LSA's Transportation Department will be required to attend meetings related to preparation of and/or revisions to the traffic study. Therefore, no meetings are included in this scope of work. Task 2.0 Deliverables: One copy each (hard copy and electronic) of a memorandum identifying all peer review comments on the applicant -prepared architectural and historical significance assessment and hazardous materials reports, including the identification of any additional analysis or information required for CEQA sufficiency. One copy each (hard copy and electronic) of the technical air quality/greenhouse gas, cultural resources, and traffic technical studies. Please Note: This scope and cost estimate does not include efforts to update or revise the findings of any previously prepared studies, reports, or investigations. Other studies required to assess the project's potential effects on the environment comprehensively may include, but are not limited to, photometric analysis, water quality management plans, drainage studies, utility/infrastructure plans, or similar project -specific analysis. As appropriate, LSA will incorporate the data, findings, and mitigation identified in such studies into the project's environmental document(s). The review of technical studies or the completion of additional technical work efforts that may be warranted but is not specifically identified in Task 2.0 may be completed through an amendment to this scope and cost estimate. 10 Task 3.0: Initial Study Task 3.1: Administrative Draft initial Study LSA will prepare an IS based on the outcome of the applicant -prepared and LSA -prepared technical studies and identify mitigation where necessary to reduce the impacts of the proposed project to less than significant. In addition to the peer-reviewed technical studies and technical studies prepared by LSA for this project as detailed in Task 2.0, LSA will incorporate other relevant applicant -supplied material including (but not limited to) drainage studies/water quality management plans, geotechnical/soils studies, architectural renderings/elevations, view simulations, public utility "will -serve" letters, lighting/photometric analysis, and/or other project - specific material. LSA will review the City General Plan, pertinent environmental data, and other relevant documents to ascertain the existence of and/or extent of potential environmental impacts. As stated in the City's IRFP, Native American consultation efforts mandated under Assembly Bill 52 (AB 52) will be conducted by the City. As relevant, it is anticipated the City will provide required information related to the results of this consultation for incorporation into the CEQA document. LSA will address the following environmental issues presented in the IS/MND as they relate to the proposed project, applicable City standards, and/or the standards of State or federal entities: ► Aesthetics 1 Agriculture and Forestry / Air Quality ► Biological Resources ► Cultural Resources ► Geology and Soils ► Greenhouse Gases ► Hazards and Hazmat / Hydrology and Water Quality 1 Land Use and Planning 1 Mineral Resources ► Noise ► Population and Housing ► Public Services ► Recreation ► Traffic and Circulation 1 Tribal Cultural Resources ► Utilities 1 Mandatory Findings of Significance LSA will prepare an Administrative Draft IS/MND and Notice of Intent (N01) for review by City staff. LSA anticipates a consolidated and non -contradictory set of comments from the City during each round of review. As necessary, LSA will make appropriate revisions to the document to address City comments. Additional rounds of review may be conducted under an augment to this scope and budget. Per the City's IRFP, completion of the Administrative Draft IS/MND will be within 45 days of receipt of all relevant and required information, including project -specific plans, studies, development applications, revisions to applicant -prepared studies (as necessary based on LSA peer review comments) and related materials. Any delay in the receipt of all or part of these required data may necessitate an extension of the estimated completion date. 11 This scope and cost estimate anticipates up to two rounds of City review. LSA will submit a revised document within 14 days of the receipt of a complete and consolidated set of City comments during each round of review. Task 3.2: Mitigation Monitoring and Reporting Program Following completion of the Administrative Draft IS/MND, LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) to implement the mitigation measures outlined in the IS/MND for the proposed project. The mitigation measures will be included in a matrix check -off format for ease in tracking implementation. The MMRP will be attached to the Draft IS/MND that goes out for public review. Task 3.0 Deliverables: This scope and budget includes up to one electronic copy and three hard copies for the City during each of the two review cycles. Task 4.0: Mitigated Negative Declaration Task 4.1: 1S/MND Materials Once the Administrative Draft IS has been reviewed and approved by the City (see Task 3.0), LSA will prepare all the necessary forms for circulating the IS/MND to the public and resource agencies. LSA will use standard forms or those provided by the City, whichever is preferred. LSA will prepare the IS/MND for public review within five days of City authorization for public review. LSA will process the IS/MND through the State Clearinghouse as required by CEQA. While it would be possible to circulate the IS/MND only locally for a period of 20 days, involvement by any State agency in future approvals for the site would be in jeopardy if the IS/MND is not circulated through the State Clearinghouse; therefore, LSA recommends the 30 -day review period. This scope and cost estimate assumes the City will be responsible for the providing the distribution list of the IS/MND, as well for providing the NO1 to adopt the IS/MND in local newspaper(s) and noticing adjacent/nearby property owners. LSA will file the necessary notices with the San Bernardino County Clerk and will distribute the IS/ MND to the State Clearinghouse and to the agencies/organizations on the City -provided mailing list via overnight mail. To minimize print and distribution costs, to the extent feasible, distribution pursuant to the City's mailing list will consist of CD-ROMs, which include the IS/MND and appendices as PDF files. Mailings to the State Clearinghouse will be via overnight delivery. All other mailings will be via certified mail (return receipt). LSA will provide the City evidence of all mailings and posting related to the distribution of the IS/MND. Task 4.1 Deliverables: LSA will provide the City with up to 25 hard copies of the IS/MND. The technical appendices will be included only as PDFs on enclosed CD-ROMs. An additional 25 copies of the IS/MND, supporting appendices, and MMRP will be provided on CD-ROMs as PDF files. 12 Task 4.2: Response to Comments Upon close of the public review period on the Draft IS/MND, LSA will prepare responses to public and agency comments received on the Draft IS/MND. It is anticipated that the proposed project will elicit minimal controversial and/or detailed comments. For this reason, this scope and cost estimate assumes up to 16 hours of staff time will be required for this task. Work efforts related to this task in excess of the time identified in this scope and cost estimate will be billed on a time/materials basis. As necessary, LSA will respond to the comments received on the Draft IS/MND within 14 days of receipt of a complete set of comments received during the public review period. Once draft responses to comments are completed, they will be submitted to the City for review and comment. As required, the Draft IS/MND will be revised to incorporate relevant comments/data received during the public review period. Revisions to the Draft IS/MND will be identified to facilitate subsequent review. All comments received on the Draft IS/MND during the public review period, as well as the responses to comments, will be included as an appendix to the Final IS/MND. As required by State law, it will be necessary to distribute the responses to comments directly to each commenting agency 10 days prior to the public hearing decision on the MND. Delivery of the Response to Comments will be provided to commenting agencies via certified mail (return receipt.) Task 4.2 Deliverables: LSA will provide the City with up to 25 hard copies of the Response to Comments. Task 4.3: Final ISIMND and Notice of Determination LSA will prepare up to 25 hard copies of the Final IS/MND including the NOI, responses to comments (if any), MMRP, and supporting documentation. LSA will also provide copies of all the technical studies as appendices on CD-ROM with each hard copy. Subsequent to adoption of the IS/MND, LSA will prepare the Notice of Determination (NOD) for submission to the San Bernardino County Clerk of the Board. It should be noted that failure to file the NOD within five business days of project approval will substantially increase the period in which the project approval may be legally challenged. This scope and cost estimate does not include the payment by LSA of any filing fee. Effective January 1, 2017, the California Department of Fish and Wildlife filing fee is $2,216.25, with the fee increasing to $2,280.75 effective January 1, 2018. The County of San Bernardino assesses an additional $50.00 filing fee. LSA will file applicant -supplied payment with submittal of the NOD to the County Clerk of the Board. Task 4.3 Deliverables: LSA will provide the City with up to 25 hard copies of the Final IS/MND. The technical appendices will be included only as PDFs on enclosed CD-ROMs. An additional 25 copies of the IS/MND, supporting appendices, and MMRP will be provided on CD-ROMs as PDF files. 13 EXHIBIT B SCHEDULE OF COMPENSATION Agreement —Environmental Consulting Services —Safety Hall Project 1116/2018 SII■� � �� X11 ���� ■I � IIBI9lBI� � no i� irlvl I III I HIM ouinI �i�idm�mm�■ � . v EXHIBIT C PRELIMINARY SCHEDULE FOR COMPLETION (Tentative — Subject to Change) Agreement— Environmental Consulting Services —Safety Hall Project 1/16/2018 SCHEDULE Preparation of the public review 1S/MND and technical studies for the proposed project can be completed within 4 months of the receipt of all relevant and required project specific information, including all technical studies commissioned by the applicant. Below is a typical schedule to prepare an IS/MND leading to the adoption of a certified CEQA document. The schedule provides estimated time frames for each task and will be adjusted as necessary per discussion with the City team, taking into consideration key factors such as actual receipt of project information by LSA, the extent of comments received on the Draft IS/MND, and/or review of products by the City staff. LSA can provide a more detailed schedule with milestone dates if requested. Authorization to Proceed I - I Mid -January 2018 Task 1.0: Project Initiation 1 day Mid -May Project Kick-off Meeting Prepare Project Description 1 day 1 week Late January Late January Task 2.0: Technical Studies 1 week 2 weeks Late June Early July Peer Reviews Cultural Resources Study Traffic Study Air Quality/GHG Emissions Study 3 weeks 4 weeks 6 weeks 7 weeks Early February Mid -February Early March Mid -March Task 3.0: Initial Study 3.1 Admin Draft Initial Study' 2 weeks Late March City Review 2 weeks Mid -April 3.1 Admin Draft Initial Study 1 week Late April City Review 2 weeks Early May 3.2 Mitigation Monitoring Plan 1 day Early May Task 4.0: Mitigated Negative Declaration 4.1 IS/MND Materials 1 week Mid -May Start Public Circulation 1 day Mid -May Finish Public Circulation 30 days Mid -June 4.2 Response to Comments City Review 1 week 2 weeks Late June Early July 4.3 Final Initial Study/MND 2 days Early July Task 5.0: Management and Meetings 5.1 Project Management Ongoing — 5.2 Meetings TBD Mid/Late July 201$ TOTAL 7 Months 1 Two weeks from completion of traffic and AQ/GHG studies. Additional time will be required if additlonai rounds of review on the Admin Draft Initial Study is deemed necessary.