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HomeMy WebLinkAboutContracts & Agreements_64-2007_CCv0001.pdf M STs MR ti AGREEMENT FOR THE PROVISION OF b� PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES This agreement for the provision of environmental consulting services (this "Agreement") is made and entered into this 17th day of April, 2007, by and between the City of Redlands, a municipal corporation (hereafter "City") and Michael Brandman Associates (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 1 - 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 "Wal-Mart Supercenter"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's Services shall include, but not be limited to, if necessary, the preparation of a Project Description, Initial Study, Notice of Preparation, "Screencheck" Environmental Impact Report, Draft Environmental Impact Report, Response to Comments, Notice of Completion, Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, Statement of Facts and Findings, Statement of Overriding Considerations, associated supporting technical documents and a Notice of Determination all in accordance with Exhibit "A." 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 two hundred seventy six thousand eight hundred dollars ($276,800) in accordance with the hourly rates and estimates of expenses contained in Exhibits "C" and "D." 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 ( 0) days of the date they are received by City. l DJUAgreernentskAfthael Brand an ASG Agreement 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. 3,2 Workers' Compensation and Employer's Liability. A. 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. B. Consultant expressly waives all rights to subrogation against City, its elected officials, officers and employees, for any losses arising from the Services performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees, and Consultant agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This subsection shall not apply to any losses resulting from the sole negligence of City, its elected officials, officers, employees or agents. To the extent any of the losses referenced herein were caused by, or resulted from, the concurrent negligence of City, its elected officials, officers, employees or agents, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Consultant, its officials, employees or agents. 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. 14 Business Auto Liability Insurance, Consultant shall secure and maintain business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. DiVAgreementsWichael Brandman ASC Agreement 2 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. Except for those subcontractors identified in Exhibit 'A" 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 Schedule for Completion The schedule for completion contained in Exhibit "B" 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. If the developer of the Project fails to make any required payment to City, or if the developerfails 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 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 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 DMAgreementsMichael Brandman ASC Agreement 3 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. All notices, including bills and payments, shall be in writing and may be given by personal delivery or by mail. Notices sent by mail shall be addressed as follows.. City: Consultant: Jeff Shaw Thomas J. McGill, Principal Community Development Director Michael Brandman Associates City of Redlands 621 Carnegie Drive PO Box 3005 San Bernardino, CA 92408 Redlands, CA 92373 When so addressed, notices shall be deemed served upon deposit in the United States Mail, postage prepaid, in all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made to the addresses of the persons to whom notices are to be given by giving notice pursuant to this section. 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 compensation of Consultant for its Services. 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, DJUAgreementsUrchael Brandman ASC Agreement 4 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 Owner 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. CITY OF REDLANN9 S Dated: April 17, 2007 116'n Harrison,- Mayor Attest.- Poyzer�"y lerk H EL BRANDMAN ASSOCIATES Dated: 04 "k, zwq WMAgreements'Afthael Brand an ASC Agreement EXHIBIT A SCOPE OF WORK MBA proposes the following tasks to successfully accomplish the EIR for the Redlands Crossing project: TASK 1: PROJECT INITIATION MBA will attend a kickoff meeting with the City of Redlands and Wal-Mart representatives to discuss the project scope and schedule. We will also use this meeting as an opportunity to finalize the proposed project description and review anticipated tasks. It is assumed that this initial meeting can be used to receive all project information and existing technical reports, including all documents available in support of the planned development projects. This task includes preparation of a Notice of Preparation (NOP) to inform the state clearinghouse, local agencies, and the public that the City is preparing an EIR for this project. To expedite the CEQA process for this project, it is possible to prepare an NOP form without a detailed Initial Study form, as is now allowed under Sections 15060 and 15081 of the CEQA Guidelines when a Lead Agency knows it wants to prepare an EIR. MBA knows that this project and its environmental document will receive considerable scrutiny from the public, so the proposed EIR analysis will address all major environmental issues. Therefore, a detailed Initial Study for the NOP is not necessary or recommended. This task also includes scoping of the project which involves contacting local agencies to identify issues to be addressed in the EIR and potential impacts of the project. In this respect, MBA proposes to hold one combined scoping meeting for local residents, businesses, and agency representatives to collect this information (see Task 6 — Meetings). Finally, this task includes preparation of a Project Description that accurately and completely describes all the aspects and improvements planned as part of the project. In keeping with its "no surprises" rule, MBA will prepare a Project Description for review and approval by the City and applicant prior to starting the environmental analysis of the technical studies or Draft EIR (see Tasks 2 and 3). IMPORTANT NOTE: The Project Description is a key element to preparing a successful CEQA document, especially for this type of project. This description must include any offsite construction components or improvements. Once the City and applicant have agreed on the content of the Project Description, any substantive changes (i.e., any change that would change the analysis of a technical study or a draft EIR section) will result in modification to the project contract (i.e., scope of work, budget, and possibly the schedule). TASK 2: TECHNICAL STUDIES These studies will be based on an approved Project Description as outlined in Task 1. Any changes to the project description that change the analyses in these technical studies will likely result in modifications to the project contract. 1 a. Traffic Study— Meyer, Mohaddes Associates (MMA) The proposed Wal-Mart Supercenter project is a regional commercial center with a total of approximately 268,000 square feet of retail space. The project site is approximately 40.86 acres and is located south of San Bernardino Avenue and east of Tennessee Street in the City of Redlands, in San Bernardino County. The major tenants will include a Wal-Mart Supercenter and other retailers. For purposes of the EIR, and therefore the Traffic Impact Analysis (TIA), the "project" will include two adjacent, vacant parcels, totaling approximately 10.7 acres. The adjacent parcels will include office or commercial uses. It is expected that WalMart will close an existing store in the general project vicinity. However, for purposes of the TIA, it will be assumed that the existing store will be reused by another tenant and will continue to generate the same amount of traffic as it does today. Therefore, all the traffic generated by the proposed project will be considered to be in addition to existing traffic. Because the trip generation of the proposed project will exceed 1,000 vehicle trips during the p.m. peak hour, a TIA is required pursuant to the San Bernardino Congestion Management Program (CMP). Since the project does not include any residential uses, analysis of a.m. peak hour conditions is not required. Therefore, the following scope of work assumes that only p.m. peak hour conditions will be analyzed Project Coordination Meyer, Mohaddes Associates (MMA) will meet with City of Redlands staff to confirm the project description, to discuss the study area, and to identify any specific issues that the TIA must address. It is expected that the study area will include up to 25 intersections, including the following • San Bernardino Avenue/California Street; • San Bernardino Avenue//Alabama Street; San Bernardino Avenue/SR-30 Southbound Ramps; • San Bernardino Avenue/SR-30 Northbound Ramps/Tennessee Street: San Bernardino Avenue/Tennessee Street (North), San Bernardino Avenue/Texas Street; • San Bernardino Avenue/Orange Street; • Lugonia Avenue/Alabama Street; • Lugonia Avenue/Tennessee Street; • Lugonia Avenue/Texas Street; • Lugonia Avenue/Orange Street; • 1-10 Westbound Ramps/Alabama Street; • 1-10 Eastbound Ramps/Alabama Street; 1-10 Westbound Ramps/Tennessee Street; • 1-10 Eastbound Ramps/Tennessee Street; • Redlands Boulevard/Colton Avenue/Alabama Street; Colton Avenue/Tennessee Street; Colton Avenue/Orange Street; and Redlands Boulevard/Tennessee Street. However, it should be noted that the CMP requires use of regional traffic model data to determine the study area. Therefore, the study area will not be final until receipt of traffic model data in Task 2. If analysis of additional intersections is required, the scope and budget will need to be adjusted accordingly. The City of Redlands currently has a project underway to reconfigure the intersection of Redlands Boulevard/Colton Avenue/Alabama Street. Plans and traffic data for this roadway improvement, as well as any other proposed roadway improvements in the study area, will be obtained from the City. MMA will also obtain a list of related projects from the City that will need to be included in the TIA. Project Traffic Characteristics MMA will calculate project trip generation based on trip generation rates included in the Institute of Transportation Engineers' Trip Generation, 7th Edition. To determine the distribution of project trips, the CMP requires a "select zone" run from a regional travel demand model for the traffic analysis zone (TAZ) that includes the proposed project. MMA will coordinate with the City of San Bernardino, which maintains the East Valley Model (EVM), to obtain a select zone run, as well as base year and future year traffic volume plots for use in developing future traffic volumes. The project budget includes the City of San Bernardino's fee for this service. Based on the select zone model run, MMA will determine the project trip distribution and prepare a final list of intersections to be included in the study area. Existing Conditions An inventory will be made of the existing street system serving the study area, including number of lanes, street widths, traffic control devices, and operational characteristics. Any existing traffic volume data, including 24-hour average daily traffic (ADT) counts and peak hour intersection turning movement counts, will be identified and obtained. For budgetary purposes, it is assumed that evening peak period turning movement traffic counts will need to be conducted at each of the study locations. The proposed budget includes the cost to conduct the intersection traffic counts at ten locations. MMA will calculate peak hour intersection levels of service using Highway Capacity Manual (HCM) methodologies, per CMP guidelines. Any intersections found to be operating at an unacceptable level of service will be identified. Opening Year Conditions Without Project MMA will forecast opening year traffic conditions without the proposed project at the analyzed locations. MMA will calculate the trip generation of the cumulative (related) projects provided by the City in Task 1. Opening year without project traffic conditions with cumulative development will be determined using trips from the identified cumulative projects plus an ambient traffic growth rate as required by the City. Opening day without project intersection levels of service will be quantified using HCM methodologies. Any facilities operating at less than acceptable levels of service will be identified. Opening Year Conditions With Project Project traffic will be added to opening year without project traffic volumes to determine opening year with project conditions. Intersection levels of service with project-generated 3 traffic will be determined and compared to opening year conditions without the project. Any significant project impacts will be identified. Horizon Year Conditions Without Project MMA will forecast horizon year (2030) traffic conditions without the proposed project at the analyzed locations utilizing the traffic model data obtained in Task 2. CMP methodologies for post-processing of raw model data will be employed. Horizon year conditions without project intersection levels of service will be quantified using HCM methodologies. Any facilities operating at less than acceptable levels of service will be identified, Horizon Year Conditions With Project Project traffic will be added to horizon year without project traffic volumes to determine horizon year with project conditions. Intersection levels of service with project-generated traffic will be determined and compared to horizon year conditions without the project. Any significant project impacts will be identified. Mitigation Measures If any study locations are found to be significantly impacted by project-related traffic in either the opening year or horizon year scenarios, MMA will identify potential mitigation measures to reduce the project impact to a less-than-significant level. Potential mitigations will be examined to determine their physical feasibility and effectiveness. Recommended physical improvements will be evaluated from a conceptual planning perspective only (preliminary engineering drawings are not included as part of this work scope). Should installation of a traffic signal or stop sign be recommended as a potential mitigation measure, standard traffic signal and/or stop sign warrant analyses will be conducted. MM will develop cost estimates and "fair-share" responsibilities for the proposed project based on CMP guidelines and standard unit cost estimates. Site Access Analysis MMA will conduct a site access analysis that will include an assessment of the proposed driveway accesses. If any site access problems are identified, recommendations will be made to help minimize or eliminate these issues. Documentation A screencheck draft Traffic Impact Analysis report documenting the methodologies, findings, and recommendations of the traffic analysis will be submitted to the City for review. Upon receipt of comments from the City, MMA will revise the document and prepare draft TIA. It is the City's responsibility to submit the draft TIA to SANBAG and any other agencies for review and comment. The budget includes attendance at three meetings with City staff, including the coordination meeting in Task 1. If additional meetings are required (including any public meetings) they will be attended on a time-and-material basis over and above the estimated budget. 4 b. Noise Study— MBA Project construction could impact sensitive receptors in the immediate area (i.e., housing to the east) and they could be potentially impacted by noise generated by heavy equipment as well as additional construction traffic. Subsequent to construction, changes in traffic associated with the new land use on existing roads will increase vehicle-generated noise along these routes, also likely in proximity to sensitive receptors. The project would require regular truck deliveries and, depending upon the placement of any proposed loading docks with respect to offsite receptor locations, the unloading of goods has the potential to elevate noise at local receptor locations. Because these operations typically take place very early in the morning, they have the potential to be exceptionally annoying. The analysis of operational impacts will also be based on the project traffic study. MBA proposes the following tasks to analyze noise impacts: Existing Setting Analysis The existing environment will include discussion of the noise and its characteristics. Additionally, the document shall recap those noise regulations, including federal, State, and local that are applicable to the project. An evaluation of on-site and proximate noise levels shall be provided based on both field measurements and vehicle noise modeling. Noise monitoring will be performed using a certified Type 2 noise meter. The number and location of the monitoring points shall be determined upon review of the proposed facility (with attention to any proposed loading areas) and expected traffic patterns. Using data to be supplied in the traffic analysis, existing traffic-generated noise will be modeled using the Caltrans Sound32 Noise Model and noise profiles along major arterials shall be presented in tabular format. Noise impacts will be related to the existing City Noise Element land use compatibility guidelines and local ordinance and appropriate mitigation measures will be developed as necessary. Construction Impacts Construction-generated noise impacts may be produced from the use of heavy equipment, haul trucks, and worker vehicles. Noise-related impacts from project construction will be identified using accepted noise criteria applicable to construction equipment. To the extent reasonably feasible, emphasis will be on identifying the impacts to those nearby sensitive receptors identified in the field study. Operational Impacts The major source of noise associated with the proposed facility is from any additional traffic associated with its operation. Based on existing conditions, a comparison of the noise without and with project-generated traffic will be provided. Noise modeling shall be conducted using the Caltrans Sound32 Noise Model. Impacts to existing sensitive land uses will then be compared with the goals of the existing General Plan Noise Element. Additionally, the increase in ambient noise associated with this traffic will be documented and a substantial increase could denote a potentially significant impact. Another potential source of noise is associated with loading dock operations. Loading dock operations are typically associated with idling trucks as well as material handling. In the preparation of other land use studies, Synectecology has documented the noise from these trucks and these data will be used to forecast potential impacts at any proximate, sensitive land uses. 5 Mitigation Measures Potential mitigation for construction includes limitations on construction hours, placement of stationary sources as far from identified sensitive receptors as feasible, and use of proper mufflers. Where possible, stationary equipment such as generators, may need to be equipped with noise shrouds and placed as far as possible from sensitive receptor locations. Operational mitigation, if necessary, is limited but could include placement of soundwalls, the heightening of any existing walls, and/or structural modifications (e.g., double pane glass) to any significantly impacted existing receptor dwellings. If the impact cannot be mitigated through these measures, the position of the loading dock(s) may ultimately need to be revised. Residual impact after mitigation (as necessary) will be compared with the impact criteria to assess the adequacy of the proposed mitigation measures. Cumulative Impacts Based on the cumulative baseline, the cumulative noise impacts in the area including mobile as well as any major stationary sources of noise, will be assessed. C. Cultural Resources Study— MBA MBA will conduct a CEQA-level cultural assessment for the project site consistent with industry and County standards. MBA understands the property has been previously surveyed and that recommendations for developmental mitigation have been previously developed by a professional archaeologist. MBA has evaluated the previous cultural resources assessment document by Mason and McKenna (1993) and find that it can be used in support of the proposed work. Additional mitigation conditions, if any are required, may be recommended as part of MBA's new study. To complete this work, MBA proposes the following tasks: 1) collect additional data and consult with local Native Americans; 2) conduct a cultural resources reconnaissance and paleontological records check; and 3) prepare a cultural resources reconnaissance report. Based on available data, MBA also proposes to test up to three historic properties on the site, including possible stone water delivery improvements, for historical significance. Additional Data Collection/NA Consultation The study requires a records check and archival aerial photography review. MBA will perform a records search at the Archaeological Information Center located at the San Bernardino County Museum. A set of archival aerial photographs will be purchased and carefully examined for the locations of possible historic homesteading and citiculture complexes located within the project site. Finally, historic maps indicating the locations of older tracts may be found and scanned at the San Bernardino County Archives as part of the data collection effort. A letter will be prepared requesting the Native American Heritage Commission search their Sacred Lands File and provide their recommendations on any Native American concerns. Based on information from the NAHC, a letter may be sent to certain tribal entities regarding the project sorely for the purpose of data collection. Cultural Resources Survey/Paleontological Records Search Once the data collection has been performed, the study area will be examined using a reconnaissance method in order to determine whether or not historic sites discussed in Mason and McKenna (1993) can be observed at the modem ground surface level. The 6 historic complexes shall be plotted in horizontal space and marked using the archival photograph information. A request will be placed with the San Bernardino County Museum to obtain paleontological background information on the proposed project area. This information will be incorporated into the cultural resources report. Cultural Resources Reconnaissance Report A cultural resources report will be completed outlining the results of the field investigation, which updates Mason and McKenna (1993). The report will meet SHPO standards for Phase I Cultural Resources studies (the ARIVIR format) and at a minimum contain: An introduction and section on the setting of the project site; Prehistoric and historic (if present) background of the region investigated; Methods used in the investigation including where the records search was obtained, dates of the field visit, percent of ground visibility and site recording procedures. The report will also contain information on the results of the records search and field survey results. Finally, recommendations for further mitigation within the project footprint will be made. A testing proposal package shall be generated as a part of this study, should it be needed. A draft version of the report will be submitted to you for review prior to publication. We shall also review previous archaeological studies and determine whether any additional aspects of previously recorded sites should be identified during the Historical Archaeological Testing. Historic Archaeological Testing According to Mason and McKenna, four historic site complexes were located in their project footprint, and it appears that three of these sites lie within the Wal-Mart project area. The first is the English complex on Lot 1 (0167141010000), the second is the Levin/Leib house on Lot 2 while the third is the Williams house on Lot 4. Mason and McKenna recommended that the historic site complexes be relocated and Phase 2 tested prior to development of these parcels. Rock and concrete irrigation flumes were also noted during their survey, and such resources may be detected during this work. Such flumes shall be recorded onto DPR523 form sets as part of the historical analysis. The results of the testing shall be attached to the cultural resource report as a chapter, Should MBA determine that these resources are significant, further mitigation may be necessary prior to development of the site. NOTE: Since the actual extent of any subsurface structures is unknown, the fees for this portion of the cultural work have been estimated based on the best available information to date. However, MBA reserves the right to request modifications to the budget depending on the number or extent of subsurface features found during excavation. d. Air Quality Study - MBA For this analysis, MBA will utilize data and methodologies developed by SCAQMD. MBA will first collect relevant project and site background information, including aerial photographs and maps showing the site vicinity and adjacent land uses. Next, they will review project description, construction plans and traffic study prepared for the project, and related documents for air quality issues including the County of San Bernardino 7 General Plan. They will then perform field review of the site to document existing conditions and determine if there are any unanticipated sources of emissions in the area. The next step is to calculate emissions by researching specific construction methods and operational activities, then estimating emissions using factors and methodologies developed by the U.S. EPA, California Air Resources Board (CARE), SCAQMD, and other agencies as appropriate. MBA will then calculate construction emissions as well as long term emissions using the U.S. EPA and CARE protocols as well as SCAQMD methodology found in the "SCAQMD CEQA and Conformity Guidelines", and analyze results and incorporate mitigation measures, as appropriate, into the analysis. Finally, MBA will prepare a report that describes existing conditions, identifies potential impacts, and recommends mitigation measures to reduce those impacts. e. Health Risk Assessment - MBA MBA also proposes to prepare a Health Risk Assessment (HRA) to identify and analyze potential impacts from diesel truck emissions on neighboring residential uses and residents. The additional analysis procedures are required to assess the health risk of diesel exhaust emissions, extremely fine particulate matter 2.5 micrograms or smaller (PM2.5), and incorporate an analysis of the project using the recently adopted South Coast Air Quality Management District (SCAQMD) Localized Significance Thresholds (LSTs). The California Air Resources Board (CARE) defines particulates within diesel exhaust emissions as a Toxic Air Contaminate (TAC) requiring a human health risk assessment (HHRA). This assessment needs to follow the interim guidance published by the SCAQMD titled "Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Diesel Emissions. In addition, the SCAQMD recently adopted LSTs and recommends that CEQA Air Quality Analysis include an LST evaluation of the project. For projects greater than five acres, dispersion modeling is required in order to accomplish an LST evaluation of the project. Finally, the SCAQMD has not established a pounds per day threshold for PM2,5 has not incorporated PM2.5 emissions into the latest version of the URBEMIS model. However, PM2.5 can be evaluated with dispersion modeling and the output of that model compared to the Ambient Air Quality Standards for PM2,5. MBA recommends that these additional analysis procedures are conducted to fully evaluate the project and have a legally defensible air quality evaluation. Data Collection MBA will first collect relevant project and site background information, including aerial photographs showing the site vicinity, the proposed project and adjacent land uses; a copy of the site plan and traffic study prepared for the project. MBA will then determine the project proximity to sensitive receptors (residential uses, day-care facilities, schools, assisted living facilities and hospitals) in the project area and incorporate sensitive receptors into the analysis. Emission Calculations MBA will use the vehicle trip generation factors and trip assignments in the project specific traffic study to determine the number of vehicle trips, truck trips, and truck routes to be used in the analysis. MBA will then generate construction equipment emissions factors using the construction scenario and short-term emissions estimates in the project specific air quality analysis to determine construction emissions input into the dispersion model. Next, we will generate overall vehicle emissions factors for all vehicle trips using California ARB EMFAC2002 model (version 2.2). Estimate annual emissions using emission factors, traffic generation data and average vehicle trip distance. Finally, MBA will generate heavy-duty truck emission factors using California ARB EMFAC2002 model 8 (version 2.2). Estimate annual emissions using emission factors, traffic generation data and average vehicle trip distance. Dispersion Modeling MBA will conduct dispersion modeling of criteria pollutants for short-term construction of the project using the latest version of the U.S. EPA ISC3 dispersion model with PRIME building downwash algorithms, local terrain effects, and meteorological turbulence calculations. Next, we will conduct dispersion modeling of criteria pollutants, diesel exhaust particulates, and PM2.5 for long-term operation of the project using the latest version of the U.S. EPA ISC3 dispersion model with PRIME building downwash algorithms, local terrain effects, and meteorological turbulence calculations. Prepare HRA Report MBA will convert dispersion modeling output for diesel exhaust particulates into the theoretical cancer and non-cancer health risks associated with the long-term exposure of diesel exhaust particulates by sensitive receptors in the project area. We will then analyze health risk 01 assessment results and incorporate mitigation measures, as appropriate, into the project. Using localized significance thresholds, MBA will compare dispersion modeling output of criteria pollutants generated during short-term construction and long-term operation of the project to the Localized Significance Thresholds adopted by SCAQMD, then evaluate results and incorporate mitigation measures, as appropriate, into the project. As part of this work, MBA will prepare an analysis of PM2.5 by comparing the dispersion modeling Output Of PW5 to the Federal and State Ambient Air Quality Standards, and evaluating the results and incorporate mitigation measures, as appropriate, into the project. EIR Discussion MBA staff will include a summary of this analysis in the Draft EIR discussion which will identify potential impacts and recommend mitigation measures to reduce those impacts; NOTE: This scope of work is based upon additional air quality analysis procedures for a single design of the site plan and the traffic study as provided to MBA by the client and does not include revisions necessitated by project redesign or traffic study revisions. Additionally, the scope of work does not include attendance of project-related meetings, or public hearings. Such meetings, additional work or additional documentation efforts, if required or requested, would be billed on a time-and-materials basis. f. Geotechnical Constraints The purpose of our study will be to conduct a limited geotechnical investigation to be used in the preparation of the environmental impact report for the proposed retail shopping center. A detailed geotechnical investigation will be necessary as project plans proceed. To conduct our study we propose the following scope of work: • Review of available reports, regional geologic maps, and aerial photographs from our in-house library. • Locate and mark proposed boring locations for coordination with Underground Service Alert (USA) to have public utilities cleared. We would also ask that you provide us with any information regarding the locations of onsite utilities., easements, underground structures, etc, 9 • Drilling, logging and sampling of 5 hollow-stem auger borings to evaluate the subsurface conditions. Four of the borings will be excavated to a maximum depth of 20 feet, or practical refusal, the final boring will be excavated to a maximum depth of 50 feet or practical refusal. The borings will be logged by a qualified engineer or geologist. Samples obtained will be transported to our affiliate laboratory for testing, • Laboratory testing of selected soil samples obtained during our subsurface investigation will include maximum density and optimum moisture content, in situ moisture and density, consolidation and collapse, Expansion Index, sieve analysis, soluble sulfate content, resistivity and pH. • Geologic and geotechnical engineering interpretation and evaluation of the site based upon our field investigation, laboratory testing and background review. We will review the various geotechnical issues that are present onsite and evaluate various measures to reduce the impact to the site. • Attendance at a project meeting, if requested, g. Fiscal Impact Assessment (FIA) The Natelson Dale Group, Inc. (TNDG) understands that the existing Wal-Mart store in Redlands would close when the proposed Wal-Mart Supercenter opens. From the standpoint of economic and social effects, the EIR will evaluate the following major issues: • The potential competitive impacts of the proposed project on other existing retail facilities in Redlands (and in nearby communities such as San Bernardino); • The degree to which there would be market demand to support reuse or redevelopment of the existing Wal-Mart store with new retail uses, thereby preventing the site from becoming a long-term source of urban decay; and • The project's potential cumulative impacts, taking into account the impacts from other planned/proposed retail projects in the trade area Consistent with CEQA requirements, the EIR economic analysis will be primarily concerned with the identification of economic impacts that may be substantial enough to result in physical changes in the market area (i.e., blighting or physical deterioration of existing retail centers/districts), Evaluation of Potential Impacts to Existing Retail Centers/Districts Evaluation of this issue would involve the following tasks: A. Complete detailed inventory of all existing retail stores (and vacant retail spaces) in the City of Redlands. B. Compile inventory of existing and planned competitive shopping centers in the relevant trade area (including San Bernardino and other relevant neighboring cities), noting the existing locations of major retail chains (anchor tenants) that would potentially be impacted by the proposed project. 10 C. Compile data on retail sales trends in Redlands and in the overall trade area, covering a historic period of at least five years. D. Compile demographic data for Redlands and relevant surrounding market areas. In order to derive credible population growth forecasts for the trade area, TNDG will review a range of public and private data sources. E. Evaluate demand levels in the relevant retail categories (utilizing TNDG's retail demand forecasting model) to determine extent to which the trade area can support the proposed project without diverting sales from existing retailers. The demand analysis will consider both current conditions and projected growth in the market over the next five years. F. To the extent negative impacts are identified, evaluate the extent to which these may, in combination with other factors, indirectly result in store closures. Evaluation of Reuse Potentials for Existing Wal-Mart Space (and any other existing space vacated due to the proposed project) This evaluation would expand on the above analysis to specifically address the reuse impacts associated with the existing Wal-Mart building (and any other existing retail space that may become vacant due to competitive impacts from the proposed project). Evaluation of this issue would involve the following steps: A. Conduct site visit to survey existing conditions as they relate to potential reuse of the vacated store(s). These conditions would include: access/visibility; acreage; existing building configurations; traffic conditions; and surrounding land uses. B. Utilize TNDG's retail demand forecasting model to evaluate potential support for additional retail uses suitable for the vacated space, taking into account the demand that will be absorbed by the proposed project (and other proposed projects in the market area). The demand analysis will consider both current conditions and projected growth in the market over the next five years. C Evaluate the degree to which the "loss" of the existing Wal-Mart store (or any other stores vacated due to competitive impacts from the proposed project) would cause secondary impacts to other business which rely on the store(s) as "anchor' tenant(s). D. Based on the above analysis, identify those properties, if any, which are potentially subject to long-term vacancy as a direct or indirect result of the project. Evaluate Potential for Urban Decay, and Identify Mitigation Measures if Warranted If the preceding analysis indicates the potential for long-term vacancies to occur, the following tasks would be performed: A. For each potential long-term vacancy identified, assess whether or not the owners in each case are likely to maintain the properties in a condition suitable for releasing, thus reducing potential for urban decay, II K If the above assessment indicates a strong potential for urban decay to occur at any of the affected properties, the report would identify mitigation measures, as appropriate to each case, which could be implemented by the City in an effort to avoid or reduce this impact. Prepare Summary Reports/Attend Public Hearings A. Prepare Screencheck Draft of Economic Impact Report summarizing TNDG's findings from Tasks 1, 2 and 3. Supporting spreadsheet tables and analyses would be attached as appendices to the narrative report. B. Prepare Draft Economic Impact Report based on comments on the Screencheck Draft. C. Prepare Final Economic Impact Report/Responses to Comments D. Attend Environmental Review Committee, Planning Commission and City Council hearings for the project to present study findings and/or respond to questions. h. Hazmat Testing The project area was utilized in the past for agricultural activities, so MBA proposes to conduct limited onsite testing to determine if there are pesticide and/or herbicide residues within the top layers of soil. MBA will utilize a certified testing laboratory for this work, L Biological Resources Although the project site is extensively disturbed, it will be important to document the potential for any biological resources to be affected by the proposed project, including listed or otherwise sensitive species of plants or animals. MBA will conduct archival research, a walkover of the site, and search governmental databases to ascertain needed information. TASK 3: SCREENCHECK EIR MBA will prepare a comprehensive EIR document based on current CEQA Guidelines and the City's "Procedures for Implementing CEQA." The document will include an Introduction that will present the purpose and intent of the EIR, including the overall environmental review process. Effects found to be not significant will be specifically listed. The project sponsors and contact persons will be identified. It will also include an Executive Summary, which is a brief summary of the major sections of the EIR. One of the first key actions will be the formulation of a comprehensive description of the project and alternative projects. MBA will work closely with City staff to prepare an accurate description, including: (1) regional and local setting; (2) project history; (3) project characteristics, including engineering and design concepts, construction program and phasing plans if any; and (4) related discretionary approvals. MBA will document baseline conditions, conduct impact evaluations, and formulate mitigation measures for any potentially significant impacts that may be identified. The emphasis will be on the identification of significant impacts that would result from project implementation. Impact significance will be determined by defining the changes to the environmental baseline that would result from project implementation and comparing 1'), that changed environmental condition to a standard or threshold of significance. Impacts will be evaluated in proportion to their severity and probability of occurrence. Thresholds of significance will be based on any such standards that have been officially adopted by the City or other public agencies with primary authority relative to the impact in question, and/or those thresholds set forth in the current State CEQA Guidelines. If the proposed project incorporates specific design or implementation measures intended to mitigate potentially significant environmental effects, such measures will be noted and an assessment of the project's "net impact significance" following implementation of the applicant's proposed mitigation measures will be made. Where impacts are found to be significant, MBA will develop measures to mitigate such effects to below a level of significance, if feasible. All recommended mitigation measures will be defined to represent a close nexus between the measure and a legitimate governmental interest, and will be directly proportional to the level of impact resulting from the project. The following sections outline the MBA approach to the analysis of each particular environmental impact topic that may be addressed in the EIR — please note they are not listed in order of importance but rather how they will be addressed in the document: Aesthetics. This section will describe and evaluate any changes in the overall visual character of the project site resulting from the proposed grading and new buildings. Grading plans and photographs of the site from surrounding vantage points will be used to carefully evaluate potential changes in views as a result of construction. Agricultural Resources. MBA will utilize the Land Evaluation and Site Assessment (LESA) methodology now required by the State Department of Conservation to assess potential agricultural resources. MBA will develop appropriate mitigation measures if significant impacts are identified. Air Quality. Utilizing its internal technical air quality study and health risk assessment, MBA will evaluate the potential short- and long-term emissions from the project based on methodologies established by the SCAQMD in their latest CEQA Handbook. MBA will compare estimated emissions to district thresholds to determine of construction or operation activities of the project will exceed local significance criteria. MBA will recommend mitigation measures as appropriate to reduce impacts to the greatest extent feasible. MBA will also be sensitive to the duration of construction activities and not just the absolute intensity, both of which contribute to air emissions over the long-term. Biological Resources. Although the project site is a vacant lot within a developed area, MBA will evaluate potential impacts to listed or otherwise sensitive plant and/or animal species, including the potential for wildlife movement. Fortunately, MBA has a variety of biologists who have performed biological surveys in this area, and so are familiar with local plant and animal species, Cultural Resources. The site is totally disturbed, so the potential for disturbing cultural resources is considered low. However, the ECR will identify any potential resources in the area and recommend mitigation to assure there will be no impacts from project implementation. Soils/Geology. MBA will utilize the baseline information provided by Leighton & Associates to evaluate earth-related conditions on the site that could affect the design of the project, including regional and local faults, liquefaction, subsidence, compaction, shrink/swell, etc. MBA will utilize information from the federal Natural Resources Conservation Service as necessary to complete this work. 13 Hazards and Hazardous Materials. MBA will compile available information on any recognizable environmental conditions on the site, fire hazards and fire hazard reduction measures. The project will also be evaluated relative to emergency access and response plans. Fortunately, MBA has registered environmental assessors in-house and can prepare this information to the level of a Phase I ESA, although MBA does not propose to prepare a separate ESA at this time. In addition, MBA will summarize the results of the proposed hazmat soil testing to determine if past agricultural activities contributed any contamination. Hydrology and Water Quality. MBA will utilize hydrology and runoff data from the project engineer as a base to evaluate localized drainage impacts of the project. Flood data from the Federal Emergency Management Agency and runoff data from the San Bernardino County Flood Control District and City of Redlands Public Works Department will also be used to determine if the project will be subject to potential flooding and drainage impacts. The project will create a large developed area with impervious surfaces (i.e., asphalt. rooftops) that will incrementally increase runoff to City storm drains. MBA will work with City staff to determine if or to what degree this amount of runoff could negatively impact local drainage facilities, and if detention basin(s) or other improvements are needed to control runoff. MBA will also be sensitive to potential impacts of project runoff on local water quality, and will recommend appropriate Best Management Practices (BMPs) to minimize water quality impacts. However, this work does not include preparation of a Water Quality Management Plan at this time. Land Use and Planning. MBA will evaluate whether the new center is consistent with local land use regulations and zoning requirements, as well as compatible with surrounding uses, such as the commercial and industrial uses to the south (e.g., Home Depot, Teledyne), the vacant land to the north, single family residential to the east, and the freeway to the west. MBA will examine the project relative to all of its proposed land use approvals (e.g., GPA, SPA, etc,). MBA will also examine if the project produces any growth-inducing impacts that could, in turn, lead to unanticipated land use impacts (i.e., unforeseen changes in the type or intensity of uses in the area). Mineral Resources. Although not considered a significant constraint, MBA will evaluate potential impacts on mineral resources, most notably construction aggregate (i.e., sand and gravel) using data from the State Department of Conservation and the Office of the State Geologist, Noise. Using the noise study prepared, MBA will focus on short-term noise impacts from construction activities. Where information is readily available, typical noise levels associated with the types of earth-moving equipment, trucks and other construction activities will be quantified with respect to the distance from such activities to the nearest sensitive receptors. Roadway noise levels along local streets will be calculated, based on current traffic volume data to be provided by the project traffic report and on the number of daily truck trips involved in the maximum intensity of daily grading or construction activities. Substantial reliance will be placed upon ability to comply with the City's Noise Ordinance. If necessary, additional measures to minimize construction noise impacts at affected sensitive receptor sites will be identified. Population and Housing. Although the project is not expected to generate a significant amount of new residents, MBA will utilize data from the TNDG study to discuss potential socioeconomic and related fiscal impacts of the project, especially if or how they affect other(i.e., downtown) businesses. MBA will base its evaluation on the latest court cases relative to Wal-Mart projects, including Bakersfield and the Anderson decision. 14 Public Services. MBA will work with City staff as appropriate to evaluate direct and indirect impacts of the project on existing or planned public services (e.g., police, fire, etc.) or utility systems (e.g., water, sewer, flood control, etc.). Recreation. MBA will evaluate any potential impacts of the project on recreational resources in the immediate and surrounding area. Transportation and Circulation. MBA will utilize the data from the traffic study prepared by MMA to evaluate the traffic and Level of Service (LOS) impacts of the project on surrounding roadways. The traffic study will meet CMP requirements so the EIR will also address regional and cumulative traffic impacts. MBA will incorporate mitigation from the traffic study or develop additional mitigation if necessary if local or neighborhood impacts appear to be significant. Utilities and Service Systems. MBA will utilize data from the project engineer as well as contacting local service and utility providers to determine potential impacts of the project on police, fire, schools, recreation, water, sewer, electricity, natural gas, or solid waste systems. Project Alternatives. Based on any potential impacts identified for the project, MBA will develop appropriate alternatives to reduce or eliminate significant impacts. This will be a critical aspect of the EIR document due to widespread concern about Wal-Mart "super center" stores. MBA will utilize data from the most recent court cases, as well as discussions with City staff, to develop the most appropriate range of alternatives for this project, including alternative sites. MBA will evaluate up to 10 alternative sites, if identified by City staff, and evaluate them relative to CEQA requirements and legal precedent. Mandatory Findings of Significance. MBA will summarize the results of the environmental analyses to determine if any direct or indirect impacts of the project will cause significant harm to natural or man-made resources, consistent with the latest requirements of CEQA. Cumulative Impacts. MBA will work in conjunction with the planning staff to develop a cumulative projects list. MBA will also utilize the most recent changes in CEQA to analyze potential cumulative impacts of development in the surrounding area, including the proposed project. MBA will also examine any potentially growth-inducing impacts of the project. Products and Schedule MBA will submit five (5) copies of a Screencheck EIR document to City staff for review and comment within 6 months of contract initiation, including preparation and incorporation of technical studies. TASK 4: DRAFT EIR Within 15 working days or receiving final staff comments on the Screencheck EIR, MBA staff will revise the document to produce a Draft EIR document suitable for circulation and 45-day public review. MBA assumes a maximum of two review cycles with compiled comments from City staff to convert the screencheck document to a draft document suitable for circulation. Additional review cycles will require an adjustment to the contract, 15 Products MBA will provide 75 copies of the Draft EIR for public distribution, including appendices. TASK 6: FINAL EIR MBA staff will review all written comments submitted by agencies or the public during the 45-day review period. MBA will then prepare written Response to Comments (assumes 120 hours) and will work with the City Attorney to prepare Findings and a Statement of Overriding Considerations (SOC), if needed, for the proposed action. MBA will prepare the written findings for each significant effect identified in the EIR for each project, pursuant to Section 15091 of the State CEQA Guidelines (Section 21081 of CEQA), and the Statement of Overriding Considerations, pursuant to Section 15093 of the State CEQA Guidelines. The City will provide the format for this document. This document will be attached to the resolutions and ordinances prepared by the City. MBA will prepare draft findings for each significant effect identified in the EIR and prepare a Statement of Overriding Considerations; if unavoidable significant impacts occur. As required by the State CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. The Statement of Overriding Considerations will rely on input from the City and the project applicant regarding the benefits of the project. MBA project team leaders will consult with City staff to review and finalize draft findings and Statement of Overriding Considerations. Two (2) paper copies of the draft findings and Statement of Overriding Considerations will be submitted for City review. City staff will have a 5-day review period. MBA will submit two (2) paper copies, one (1) camera ready original, and one (1) copy on CD/PDF format of the final findings and Statement of Overriding Considerations to the City for adoption. This task includes preparation of a Mitigation Monitoring and Reporting Plan (MMRP) or program consistent with City procedures and standards. For each measure, the responsible party, implementation actions, and confirmation of action will be indicated. MBA will prepare a MMRP for each project complying with Public Resources Code Section 21081.6, as mandated by Assembly Bill 3180 (Cortese 1988), for adoption at the time of the CEQA findings. MBA will prepare a draft MMRP in accordance with the State and City CEQA requirements. The MMRP will be designed to ensure compliance with adopted mitigation requirements during project implementation. In coordination with City staff, MBA will prepare the MMRP for mitigation measures that address potentially significant impacts. The program will be designed to fit into the City's existing entitlement and project review process. The City will provide the format. MBA will coordinate with staff to refine the MMRP content and format, prior to preparing the draft MMRP. After review and comment on the draft MMRP, MBA will revise the MMRP; according to the comments provided, and will submit two (2) paper copies, one (1) camera ready original, and one copy on CD/PDF format of the final MMRP, with the submittal of the final EIR. MBA will also prepare all required CEQA Notices in compliance with state legislation and guidelines, including the NOP. notice of completion (NOC), and notice of determination (NOD). MBA will submit the draft notices for City staff review and revise them, based on staff comments, The NOP will be distributed by MBA via certified mail. The final NOC will be filed with the State Clearinghouse with the Draft EIR. The final NOD is assumed to be filed with the San Bernardino County Clerk by City staff within 5 working days of 16 the project approval, The City shall be responsible for publication of newspaper notices. One (1) camera ready original and one (1) copy in pdf format of the NOP and NOC will be submitted by MBA. MBA assumes that the City will provide the funds necessary for the California Department of Fish and Game filing fees at the time of the filing of the NOD. TASK 6: MEETINGS & MANAGEMENT MBA plans to meet with City staff approximately five (5) times during preparation of the EIR. In addition, MBA anticipates three (3) meetings with other agency staff, including one joint scoping session with area residents, businesses, and agencies. MBA proposes to hold this meeting to solicit input from local residents on issues to be evaluated in the EIR. MBA staff has developed a meeting technique called "Constructive Disagreement' which can provide useful environmental data. MBA staff has found over the years that some residents are unalterably opposed to a project. However, we have also found that many residents come to meetings seeking information. This meeting format is designed to solicit information on local resources, potential impacts, and possible mitigation measures. It has been successful with a variety of neighborhood groups. MBA will also participate in two (2) Planning Commission and two (2) City Council meetings/hearings on this project. Additional meetings can be attended on a Time and Materials basis with City staff approval based on the fee schedule provided in Exhibit D. As a regular part of MBA's project management process, we would communicate weekly with City staff either on the telephone or via e-mail, giving them a weekly status of the project and documents in progress. MBA can also provide monthly written status reports if so desired. MBA will manage the preparation of the EIR and maintain close communication among City staff and project team members. This task is intended to ensure that the project is running on time and within budget, and is technically correct and legally defensible. The MBA project manager will provide management liaison among the project team and City staff for communication of issues, transmittal of comments, financial management (i.e., invoices), and other project management matters. This task assumes 80 hours of project management time to be spent during the duration of the project. EXCEPTIONS AND EXCLUSIONS MBA would like to note the following exceptions and/or exclusions to the proposed scope of work. In that regard, this proposal does NOT include: Hydrological or drainage data or studies (to be provided by the applicant). • Any permitting subsequent to the CEQA approval of the EIR (e.g., Regional Water Quality Control Board, SCAQMD, etc.). Preparation of any technical or additional reports other than those indicated in the proposed scope of work (e.g., hydrology, Phase I ESA, Phase 2 Cultural Resources Study, etc.). Engineering or other more specific design work required to adequately identify potential impacts of the project. Revised 12106/06 17 EXHIBIT B PROJECT SCHEDULE MBA proposes the fallowing schedule to successfully complete the proposed Redlands Crossing project within budget given the assumptions included within the detailed scope of services provided: fias Cum''. Car ipl ion Contract Start -- -- Mid April 2007 0 1 Project Initiation 2 weeks 2 weeks Late April 30-day NOP period : 30 days 1.5 months Late May 2 Technical Studies 1 3 months 3.5 months Late August I , { 3 j Screencheck EIR 8 weeks 5.5 months Late October 4 Draft EIR 6 weeks 7 months Mid December 45-day public review ( 45 days 8.5 months Late January 5 4 Final EIR 6 weeks 10 months Mid March 4 I 6 Meetings -- -- i Staff/agency As needed i ' f Scoping -- -- Early May 20077 j Public Hearings 4-6 weeks 11-12 months March 2008 to April 2008 � � I * allows for overlap of individual tasks Revised 3/26/07 EXHIBIT C PROJECT FEES The following is a detailed breakdown of the professional labor fees for the subject project. MBA has listed all project-related expenses, including the cost of required publication and copies of plans and executive summaries, on a "not to exceed" basis. Also as required, proposed staffing has been assigned to each task, and task hours and the percentage of proposed task hours in relation to the total labor hours have been provided. A copy of MBA's 2007 Professional Services Fee Schedule, including staff hourly rates, is provided in Exhibit D. Given the complexity of this project, the MBA Team reserves the right to revise the time allocated for meeting attendance following project initiation. The MBA project team proposes to provide the scope of services delineated herein as shown in the detail below. Proposed fees for all optional tasks have been provided so that the City may have a complete understanding of what may be required on a task-by- task basis. Task 1 — Project Initiation $ 7,000 Task 2— Technical Studies $147,800 a. Traffic — Meyer, Mohaddes Assoc. $ 40,000 b. Fiscal —The Natelson Dale Group $ 32,000 c. Noise — MBA $ 8,600 d. Geotechnical — Leighton & Assoc. $ 14,000 e. Biology— MBA $ 4,500 f, Cultural — MBA $ 4,500 Phase 2 Testing (3 sites) $ 26,500 g. Air Quality — MBA $ 6,000 Health Risk Assessment $ 8,800 h. Hazmat Testing — MBA $ 3,500 Task 3— Screencheck EIR $ 70,000 Task 4— Draft El R $ 12,000 Task 5— Final EIR $ 16,500 Task 6— Meetings & Management $ 13,500 Total Professional Labor Fees $266,800 Direct Costs* $ 10,000 GRAND TOTAL $276,800 includes reproduction, mileage, postage, etc. revised 12106/06 EXHIBIT D FEE SCHEDULE Michael Bran+dman Associates Fee Schedule Michael Brandman Associates(MBA)provides consulting services in environmental compliance,planning, biological and cultural resources management. Compensation is based on the following fee schedule and charges. Hourly Labor Rates President/CEO $250-285 Principal/Director 160 -270 Senior Project Manager/Scientist/Senior Regulatory Specialist 110 - 175 Project Manager/Regulatory Specialist 100 - 150 Assistant Project Manager/Assistant Regulatory Specialist 80 - 120 Environmental Planner/Project Ecologist/Biologist 70 - 95 Environmental Analyst/Regulatory Analyst 60 - 90 Research Analyst/Staff Ecologist 50 - 75 Sr. Archaeologist/Paleontologist 95 - 135 Project Archaeologist/Paleontologist/Principal Investigator, Historian 85 - 110 Project Coordinator 65 - 90 Architectural Historian/Staff Archaeologist 65 - 95 Field Director/Supervisor 65 - 80 Laboratory Director 65 - 80 Field Crew-Chief 65 - 80 Field Monitors/Laborer 40 - 55 Laboratory Assistant 40 - 55 Publications Coordinator/Technical Editor 90 - 110 GIS Specialist 70 - 100 Graphics Designer/GIS Technician 65 - 80 Word Processor 65 - 80 Administrative Assistant/Accounting/Clerical 55 - 80 Reprographics Assistant/Intern 55 - 60 Other Labor Rates Labor rates for expert testimony, litigation support, and depositions/court appearances will be billed at a minimum of two times the above rates. If additional services are authorized during the performance of a contract, compensation will be based on the fee schedule in effect at the time the services are authorized. Direct Expenses Direct expenses are billed at the amount charged,as described below,plus a 10 percent administration cost. I. taut-of-pocket expenses -including, but not limited to, travel,messenger service,lodging,meals,blueprint, reproduction, and photographic services: Cost,as charged to MBA. 2. Subcontractors' fees: As quoted. 3. Passenger cars: $0.53 per mile. 4. Four-wheel drive vehicles: $75.00 per day (50.80 per mile). 5. Reproduction and Color copies: See Reprographics Fee Schedule provided as necessary. 6. Records checks: fees vary with facility and project. 7. USFWS/CDFG impacts or mitigation fees. 8. Museum curation:fees vary with the city and project. 9. Cultural resources storage/curation of fossil and artifact collections: Cost,as charged to MBA. 10. Per Diem: $1=15.00/per day. Lodging surcharge may apply in high rate areas. Terms Compensation and direct expenses are invoiced monthly and are payable upon receipt. Rates effective through December 31,2007.