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HomeMy WebLinkAboutContracts & Agreements_124-2011_CCv0001.pdf FIFTH AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES This fifth amendment ("Fifth Amendment") to the agreement to provide professional environmental consulting services dated April 17, 2007 (the "Agreement") by and between the City of Redlands, a municipal corporation("City"), and Michael Brandman Associates ("Consultant"), is made and entered into this 6th day of September, 2011. RECITALS WHEREAS, it is the desire of City and Consultant to amend their existing Agreement to change Article 2 — Compensation and the scope of work to be undertaken by Consultant pursuant to the Agreement; NOW,THEREFORE, City and Consultant agree as follows: AGREEMENT Section 1. Section 2.1 of the Agreement,entitled"Compensation,"is hereby amended to read as follows: "2.1 Compensation. As compensation for its performance of the Services, City shall pay to Consultant an amount not to exceed Five Hundred Seventy Four Thousand One Hundred Eighty Dollars ($574,180) in accordance with the hourly rates and estimates of expenses contained in Exhibit `A.' 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." Section 2. The scope of work of the Agreement, which is attached as Exhibit "A" to the Agreement, is hereby amended to include the services described in Exhibit"I"of this Fifth Amendment. All other provisions of the Agreement shall remain in full force and effect. [CONTINUED ON NEXT PAGE] L\ca\djm\Agreements\Michael Brandman Assoc Third Amendment.g.18.11 doc.doc IN WITNESS WHEREOF,the parties have executed this Fifth Amendment,to be effective as of September 6,2011. CITY OF REDLANDS MICHAEL BRANDMAN ASSOCIATES A By: Pete Aguilar,Mayor ATTEST: Sam Irwin, City Jerk f:\ca\djm\Agreements\Michae1 Brandman Assoc Third Amendment.8,18.1 Idoc.doc WIN== R .Michael Brandman Associates August 16, 2011 I'rt"5n, Robert D. Dalquest,AICP ,�tr.rm.lt,m Assistant Community Development Director City of Redlands 35 Cajon Street,Suite 20 Redlands, CA 92373 Rahn'Spring. -0.522.8847 Subject:Request for Additional Funds to Update Technical Studies(Traffic,Air Quality,Greenhouse >.tcranxnt„ Gases and Noise)and Associated EIR Revisions,Redlands Crossing. 9M.447,1 1 11r" ti.ttr Brntarditut Dear Mr. Dalquest: 9119�S94225-; San R;tnum On behalf of Michael Brandman Associates, it has been a pleasure to work with the City of Redlands and 9z5.110.2-31 the project team on the Environmental Impact Report(EIR)for the Redlands Crossings Project. As a partner, we have, and continue to be,committed to successfully completing the environmental review process and providing the necessary technical assistance required to accomplish this objective. That being said. MBA is requesting a budget augment request, as outlined below.A brief summary of background information indicating how City staff came to the conclusion that additional work,outside of our current scope of work,would be necessary prior to releasing the Draft EIR for the required 45-day public review period..This is followed by brief descriptions of additional work needed. A cost breakdown follows these descriptions. Background An administrative draft of the EIR was prepared and provided to the City for internal review in late April of 2011. Following review of this administrative draft of the EIR City staff and their legal counsel expressed substantial concerns about certain aspects of the administrative draft of the EIR. One key concern was related to how to address four parcels along the eastern edge of the Project site that are zoned for office uses which,although they are part of the ownership of the applicant,the applicant has no plans to develop this portion of the site. In the current version of the Traffic Impact Analysis it was assumed,for analytic purposes that this area would develop an estimated 169,000 square feet of office floor area as a cumulative project.City staff and legal counsel have expressed concerns that this approach would make unclear and causes confusion about whether or not the office space is part of the project being analyzed by the EIR. Another key issue that was raised by the City's legal counsel has to do with a recent California Supreme Decision on CEQA existing conditions(referred to as the "Sunnyvale Case") which they indicated suggested that existing conditions(versus opening year conditions)should be used for CEQA traffic impacts analyses as future conditions may be considered speculative and can't provide a factual basis for the analysis of impacts. In order to address the concern expressed with the office parcels,the applicant has decided to modify the project to exclude the office portion of the Project site with respect to development potential,although certain off-site improvements(Le mass grading,and construction of a block wall and drainage improvements)would still need to occur as part of the overall project. In order to address the issues associated with the Sunnyvale Case, it was decided that the analysis of Project impacts would reflect existing(2010)plus project conditions instead of opening year(2013)conditions.This change,along with changes to remove the development potential (169,000 square feet of office floor area)of the office parcels in evaluation of Project impacts will require substantial revisions to the Traffic Impacts Analysis (TIA). These changes, in turn,will require revisions to other technical studies that are dependent upon \crt\s.hra:ulrt::rn.cunt Robert Dalquest August 16,2011 Page 2 outputs from the TIA(Air Quality, Greenhouse Gases and Noise). The changes that will be made to the Project Description and the changed information in the TIA and other referenced technical studies will also need to be reflected in the body of the EIR. Once the revised EIR has been reviewed and approved by the City, it will be ready for release to the public for the CEQA-required 45 day review period. Revised Traffic Study Urban Crossroads, Inc.will provide the following revisions to the Traffic Impact Analysis dated April 18, 2011(referred to as the"Traffic Study"), in accordance with City direction. 1. Update the analysis to include an NOP Conditions(Spring 2009) + Project traffic.The purpose of this new analysis scenario is to assess the potential project-related impacts to circulation against existing baseline traffic conditions at the time of the NOP's release. Facilities found to be impacted by project- related traffic will be considered direct impacts. It should be noted that the Traffic Study contains baseline conditions data based on traffic counts conducted in Spring 2010, The City's Special Counsel (BBK) has agreed that the Spring 2010 traffic counts can be considered representative of the conditions that existed at the time of the NOP's release if adequate justification can be made (e.g.,little development,slow growth,etc.).This will be addressed in the revised report. 2. Update the 2013 "Opening Year"analysis scenario to remove Cumulative Project#32 "Office Parcels 10-13, SE of New York and San Bernardino" from the future forecasts. The modification of the cumulative project list will alter the traffic forecasts for 2013 "Opening Year" traffic conditions. Facilities found to be impacted under both 2013 "Opening Year" and 2030 traffic conditions will be considered cumulatively impacted. 3. Update 2013 "Opening Year" and 2030 traffic scenarios to remove the planned improvements previously assumed to be in place by 2013 "Opening Year"conditions at the intersection of Alabama Street and Redlands Boulevard.The planned improvements will be identified as a mitigation measure only. 4. Include additional analysis of construction-related traffic impacts. The construction impacts analysis will not need to include detailed volume based analysis, but will instead discuss potential construction-related traffic issues and potential mitigation measures. 5. Include a detailed analysis to demonstrate how project-related truck traffic (e.g., large delivery trucks such as a WB-67) would enter and exit the project site. Will include discussion of potential impacts resufting from turning maneuvers by large trucks entering and exiting the site, along with diagrams demonstrating the feasibility of such maneuvers both on-site and at site access driveways. 6. Provide an expanded discussion of the City of Redlands DIF and the County of San Bernardino Measure "I" GIP programs, and which cumulative traffic improvements are covered by one of these pre-existingfee programs. 7. Update the Traffic Study to address all additional text,table and exhibit changes as noted in the City of Redlands memorandum dated June 6, 2011. Revised Air Qua I ty,Greenhouse Gas and Noise Studies In addition, MBA will need to revise the Air Quality, Greenhouse Gases and Noise studies to reflect the changes in the Project description and the TIA... Revised EIR Document In order to reflect the changes described above the EIR document will need to be substantially revised. Substantial revisions will be necessary for the following Sections: Robert Dalquest August 16,2011 Page 3 • Executive Summary • Project Description • Air Quality Section ■ Noise Section • Transportation Section • Greenhouse Gases Section • Cumulative Impacts Section • Alternatives Section Numerous additional changes will also have to be made throughout the EIR to assure that references to aspects of the Project are revised to accurately reflect the revised Project Description as well as any changes resulting from the modified technical analyses. Budget for this task also takes into account activities related to coordination and communication with the City and other project team members. MBA's staff will provide management liaison between City staff and the project team for communication of issues,transmittal of comments,financial management(e.g., invoices),and other project management matters. Budget for this item assumes that review of the revised EIR will be limited to the issues and comments raised by City Staff and their legal counsel which generated the need for this budget augment. . In order to facilitate review of the revised draft by the City, MBA will provide the City with the revised document in a "track changes"version as well as a clean version. If it is determined that additional new issues need to be addressed or modifications included in the revised Screencheck EIR,separate authorization would be necessary. The table below identities the fees necessary to complete tasks listed above. PROFESSIONAL :OR FEES Revised Traffic Impact Analysis 36.800 Revised Air Quality,Greenhouse Gases and Noise Studies 16.500 Revised EIR Document 21.200 Total fees $74,500 As I hope you are aware, MBA prides itself on operating as logically and efficiently as possible. We have and will continue to do so in implementing as many cost saving mechanisms for the project, while simultaneously maintaining a high level of client service and quality. Although additional funds are warranted for completion of this project,we undertook a cost-conscious effort in developing this budget augment. MBA will strive to keep you well informed throughout the process about these out-of-scope costs. The total fee associated with this budget augment request is$74,500. Please indicate your acceptance of this budget augment request by providing your signature in the space provided below. This signed budget augment proposal will then become our agreement to provide professional services for the above-referenced tasks.Any revisions to the project that require updating the project will be prepared under separate authorization. Robert Dalquest August 16,2011 Page 4 If you have any questions or concerns regarding this budget augment, please call me at 909 884-2255 or email me at bprasse@brandman.com. Sincerely, Accepted By: Robert C. Rrasse,Branch Manager Robert Dalquest Michael Beandman associates City of Redlands 621 E.Carnegie Drive,Suite 100 San Bernardino,CA 92408