HomeMy WebLinkAboutContracts & Agreements_147-2019EA-7.2 (1.29.19)
AGREEMENT FOR THE PROVISION OF
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE
PROJECT
This agreement for the provision of professional environmental consulting services
("Agreement") is made and entered into this 21 st day of June, 2019 ( "Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Michael Baker International,
Inc. ("Consultant'), who are sometimes individually referred to herein as a "Party" and, together,
as the "Parties." In consideration of the mutual promises contained herein, City and Consultant
agree as follows:
ARTICLE I — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide professional environmental consulting
services for City (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing Iike and similar types of Services,
under similar circumstances.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," including a project schedule, which is attached hereto
and incorporated herein by reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, State prevailing wage
laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Brian Desatnik, City's Development Services Director, or his designee,
as City's representative with respect to performance of the Services, and such person
shall have the authority to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
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4.1 Consultant shall perform and complete the Services in accordance with the mutually
approved project schedule. The Services shall commence on the Effective Date of this
Agreement and be completed on or before June 21 st, 2020.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount sixty two thousand four hundred ninety dollars ($62,490). City shall pay
Consultant on a time and materials basis, up to the not to exceed amount, in accordance
with Exhibit "B," entitled "Project Costs and Hourly Rates," which is attached hereto and
incorporated herein by this reference.
5.2 Consultant shall submit an invoice to City describing the Services performed, the dates
the Services were performed, and the number of hours spent and by whom, upon
completion of the Services. City shall pay Consultant no later than thirty (30) days after
receipt and approval by City of Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class certified, registered or
express mail, with return receipt requested; (iii) on the actual delivery date if deposited
with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy
sent contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City: Consultant:
Brian Desatnik, Director Darren Riegler
Development Service Department Senior Vice President
35 Cajon Street, Ste. 20 Michael Baker International, Inc.
P.O. Box 3005 (mailing) 3536 Concours, Suite 100
Redlands, CA 92373 Ontario, CA 91764
bdesatnik@cityofredlands.org (909) 974-4961
(909) 798-7555
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until the required insurance listed below is obtained by
Consultant. Consultant shall provide City with certificates of insurance and endorsements
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evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier reasonably acceptable to City, or
certification to City that Consultant is self -insured or exempt from the workers'
compensation laws of the State of California. Consultant shall execute and provide
City with Exhibit "C" entitled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference prior to
performance of the Services.
B. Comprehensive General Liability insurance with carriers reasonably acceptable to
City in the minimum amount of One Million Dollars (S1,000,000) per occurrence and
Two Million Dollars ($2,000,000) aggregate, for public liability, property damage
and personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non -awned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City.
D. 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
require any sub consultant hired to comply with the City's insurance requirements to
the same extent as Consultant prior to any Services being performed by the assignee
or subcontractor.
6.2 Consultant shall indemnify and hold harmless City and its elected officials, employees
and agents from and against any and all claims, losses or liability, including reasonable
attorneys' fees, arising from injury or death to persons or damage to property to the
extent caused by any negligent act or omission by, or the willful misconduct of,
Consultant, or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
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represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(1i) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Pair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of 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 by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement. City shall
not assign this Agreement, except with the prior written approval of Consultant. Neither
party shall unreasonably withhold, delay or condition such approval.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
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forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for Services completed up to and including the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available upon reasonable
advance notice and at reasonable times for examination by City at the office of
Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
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8.9 Neither party shall have any claim or right against the other, whether in contract,
warranty, tort (including negligence), strict liability or otherwise, for any special, indirect,
incidental, or consequential damages of any kind or nature whatsoever, such as but not
limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss
of use of equipment or loss of data, work interruption, increased cost of work or cost of
any financing, howsoever caused, even if same were reasonably foreseeable.
8.10 Neither party shall have any claim or right against the other for any failure of
performance where such failure of performance is caused by or is the result of causes
beyond the reasonable control of the other party due to any occurrence commonly known
as a "force majeure," including, but not limited to: acts of God; fire, flood, or other
natural catastrophe; acts of any governmental body; labor dispute or shortage; national
emergency; insurrection; riot; or war.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CI70F,,DLANDS M L BAKER ERNATIONAL
J11*ce Xonnell, LgDarren Riegler, Senior Vice President
Assis ant City Manager `T -
Attest:
Je onaldson, City Clerk
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EXHIBIT „A"
SCOPE OF SERVICES
SCOPE OF WORK
This section presents our proposed scope of work to prepare the CEQA documentation for the
General Plan Amendment, East Valley Corridor Specific Plan Amendment, new Specific Plan,
and Tentative Tract Map (project) submitted by Griffin Homes.
Based on the Scope Request issued April 23, 2019, and confirmed via conference with City staff
on April 29, 2019, we understand that the City is requesting Michael Baker prepare an Initial
Study (IS) and potential Mitigated Negative Declaration (MND) for the project located on the
west side of Texas Street, north side of San Bernardino Avenue and south side of Pioneer
Avenue (APNs: 0167-091-02-0000, 0167- 091-04-0000, 0167-091-05-0000, and 0167-091-08-
0000), review the existing technical studies for adequacy, and prepare technical reports for Noise
and Air Quality/GHG. Based on the results of the IS, Michael Baker will then prepare the
appropriate environmental document, prepare and file all necessary CEQA notices, prepare any
necessary related documents (e.g., Mitigation Monitoring Program, Findings, Statement of
Overriding Considerations, Response to comments), and conduct/attend any necessary or desired
public scoping meetings, workshops, and/or public hearings.
This scope of work assumes the IS will result in a Mitigated Negative Declaration (MND). In the
event of potentially significant and unavoidable environmental impacts, Michael Baker will
inform City staff of the nature of the impacts and prepare and scope of work and fee for an
Environmental Impact Report (EIR).
The tasks involved in preparing the CEQA document for the project are as follows:
Task 1: Project Initiation
1.1 Project Kick-off and Coordination Meetings
1.2 Site Visit and Background Research, Project Description
Task 2: Technical Studies
2.1 Air Quality and Greenhouse Gas Analysis Report (Prepare)
2.1.1 Optional Construction Air Dispersion Modeling (Prepare)
2.2 Acoustical Assessment Report (Prepare)
2.3 Optional Traffic Impact Analysis (CEQA Peer Review - Recommended)
2.4 Cultural Resources Report (CEQA Adequacy Review)
2.5 Geotechnical Investigation (CEQA Adequacy Review)
2.6 Phase 1-- Environmental Site Assessment (CEQA Adequacy Review)
2.7 Biological and Trapping Study (CEQA Adequacy Review)
Task 3: Initial Study
3.1 Administrative Draft Initial Study
3.2 Initial Study
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3.3 Proposed Mitigated Negative Declaration
3.4 Circulation and Public Notification
Task 4: ADOPTION PROCESS
4.1 Responses to Comments
4.2 Mitigation Monitoring and Reporting Program
4.3 Public Hearings
4.4 Notice of Determination
TASK 1.0 PROJECT INITIATION
1.1 Project Kick-off and Coordination Meetings
Michael Baker's project manager Emily Elliott will be available to City of Redlands Planning
,Staff at any time during the course of the assignment to discuss the project, coordinate the
project schedule, exchange information, and ensure the City's expectations are met.
The kickoff meeting will be conducted to initiate the work effort, review project plans, discuss
the project's key environmental considerations, solidify the project schedule, and discuss the
action plan for achieving that schedule. City staff and Michael Baker's project manager will also
identify the preferred communications protocol. Unless otherwise directed by City staff, Michael
Baker staff will not communicate directly with the project applicant or the applicant's consultant
team.
In addition to the kickoff meeting, we have included one internal meeting with City staff, as
indicated in the City's Scope and Fee Request. Should additional meetings be required, Michael
Baker can accommodate the additional hours on a time and materials basis.
1.2 Site Visit, Literature/Records Research, Project Description, Document Outline Michael
Baker will conduct a site visit to document the existing environmental conditions on the project
site and in the surrounding area. In addition, we will coordinate with City staff to obtain
background materials, and Michael Baker will review the background/source materials to
identify the potential environmental resources and conditions that could be impacted by the
project. This information, along with data and information available from the applicant and the
City will become part of the foundation of the environmental documents. Michael Baker will
then work with City staff to prepare a detailed draft project description that will comply with
CEQA, for the proposed project. The draft project description will be submitted to the City for
review and comment. After receiving the City's comments and making the appropriate changes,
Michael Baker will submit revised versions of the project description and IS/MND outline to the
City, which will be the basis for the project's environmental analysis. Additionally, Michael
Baker will utilize the technical studies identified under Task 2 in the preparation of the analysis.
SummooLoLTask 1 Deliverables
• Attendance at one (1) kickoff meeting by two (2) staff members
• Attendance at one (1) field visit for two (2) staff members
Attendance at one (1) additional internal meeting with staff
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• Literature/records search
• Submittal of the draft and revised versions of the project description to the City
electronically
• Submittal of monthly progress reports, preparations of meeting agendas and minutes
Task 2.0 TECHNICAL STUDIES
Michael Baker anticipates preparing technical studies as well as conducting CEQA adequacy
review of the following technical studies in accordance with CEQA; these will be utilized in the
preparation of the IS/MND. If additional reviews are required, or if substantial project
modifications occur, requiring the report to be updated, this additional review time can be
accommodated on a time and materials basis.
2.1 Air Quality and Greenhouse Gas (GHG) Analysis Report (Prepare)
Michael Baker will evaluate the impacts from the project's short- and long-term air quality and
greenhouse gas (GHG) emissions. The California Emissions Estimator Model version 2016.3.2
(CaIEEMod) will be utilized to quantify the project's air quality and GHG emissions. The air
quality analysis will rely upon the requirements set forth in the South Coast Air Quality
Management District (SCAQMD) CEQA Air Quality Handbook and account for emissions
reductions from applicable SCAQMD rules and regulations. Localized emissions and air
pollutant concentrations will be analyzed in compliance with the SCAQMD Localized
Significance Threshold Methodology document (LST methodology document). If the project is
anticipated to disturb more than five acres per day during construction activities, Michael Baker
will conduct air quality dispersion modeling as outlined in Optional Task 2. 1.1 below, to assess
impacts to nearby sensitive receptors in compliance with the SCAQMD LST methodology
document. Project consistency with the SCAQMD Final 2016 Air Quality Management Plan
will also be analyzed. As a result of the California Supreme Court decision for Sierra Club vs.
County of Fresno (Friant Ranch L.P.), the resultant human health impacts from the project's
short-term construction and long-term operational air emissions will be analyzed.
Michael Baker will prepare an inventory of the GHG emissions (i.e., nitrous oxide, methane,
and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources (i.e.,
energy/water consumption and wastewater/solid waste generation) from the project. Total GHG
emissions from construction activities will be amortized into the GHG emissions inventory.
Reductions from recently adopted programs and regulations will be included, such as
improvements in fuel efficiency, state building code energy efficiency, and landscaping water
efficiency. The analysis will review project consistency with applicable plans for the purpose of
reducing GHG emissions, such as the California Air Resources Board 2017 Climate Change
Scoping Plan, and Southern California Association of Governments 2016-2040 Regional
Transportation PIan/Sustainable Communities Strategy (2016-2040 RTP/SCS), and San
Bernardino County Regional Greenhouse Gas Reduction Plan (March 2014). Mitigation
measures will be identified and incorporated, as necessary, to reduce potentially significant air
quality and/or GHG impacts from the proposed project.
2.1.1 Optional Task: Construction Air Dispersion Modeling
If determined during preparation of the Air Quality and Greenhouse Gas Assessment that the
project would disturb more than five acres per day during construction activities, Michael Baker
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will conduct air quality dispersion modeling to assess localized emissions impacts to nearby
sensitive receptors in compliance with the SCAQMD LST methodology document. The results
of the construction air dispersion modeling will be included in the Air Quality and Greenhouse
Gas Assessment. Michael Baker will provide mitigation measures in the Air Quality and
Greenhous Gas Assessment to reduce localized construction emissions impacts, if needed.
2.2 Acoustical Assessment Report (Prepare)
Michael Baker will review applicable noise and land use compatibility criteria for the project
area. Noise standards regulating noise impacts will be discussed for the project area. A site visit
will be conducted, and short-term noise level measurements will be taken along the project area.
The noise monitoring survey will be conducted at up to four separate locations to establish
baseline noise levels in the project area. Construction noise impacts will be evaluated in terms
of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the
frequency of occurrence. Off -site operational noise impacts from vehicular traffic will be
assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA- RD-77-108).
The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a
tabular format. On -site noise generating activities will also be addressed and analyzed for
potential impacts to the adjacent uses. Compliance with applicable noise standards will be
evaluated, with recommended mitigation measures included where appropriate.
2.3 Traffic Impact Analysis (Peer Review - Optional)
Michael Baker recommends a peer review of the Traffic Impact Analysis(TIA). Because of the
technical nature of the data, analysis, and findings, a Peer Review is the appropriate method of
validating the TIA. The scope assumes one review of the draft report dated December 12, 2018,
or a subsequent update to the report, if available and provided by the City. The Traffic Impact
Analysis peer review will determine if the report has been prepared in conformance with
appropriate guidelines for preparation of traffic impact analysis reports and in accordance with
City procedures for Implementing the State CEQA Guidelines. The technical peer review will
determine the adequacy of the following key traffic study components:
• Coordination with City
• Study area definition
• Current traffic counts
• Project trip generation
• Traffic forecasts
• Use of required analysis methodologies
• CEQA Compliance
• Analysis scenarios addressed
• Operational analysis
• Proposed mitigation measures
• On -site circulation
• General Plan conformance
Mitigation fee plans
Fair share calculations for mitigation
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Deficiencies noted in the peer review will be documented and transmitted to the City via a
technical memorandum.
Alternatively, Michael Baker can proceed with the preparation of the IS using a TIA vetted by
City engineering staff, or peer reviewed by another consultant.
2.4 Cultural Resources Report (Review)
A Michael Baker Subject Matter Expert (SME) will analyze the applicant's Cultural Resources
Assessment report for adherence to standard cultural resources requirements under CEQA as
required by the City. The review will be completed by a cultural resource professional that meets
the U.S. Secretary of the Interior's Professional Qualification Standards for Architectural
History.
2.5 Geotechnical Investigation (Review)
A Michael Baker SME will analyze the applicant's Geotechnical Investigation report for
adherence to standard geotechnical analysis practices, including whether sufficient investigation
was conducted for site conditions including seismic risks including earthquake fault locations in
proximity to the site (including Alquist-Priolo Earthquake Fault Zoning Map issued by the State
Geologist) ground shaking, ground failure, and landslides; the potential for soil erosion onsite;
unstable geologic unit/soil onsite potentially resulting in landslide, lateral spreading, subsidence,
liquefaction or collapse; and the potential for expansive soil onsite.
2.6 Phase 1 — Environmental Site Assessment (Review)
A Michael Baker SME will provide a CEQA adequacy review of the applicant's Phase 1
Environmental Site Assessment. The review tasks will include adequacy review of the following:
onsite and adjoining property conditions; soil and groundwater conditions underlying the site;
environmental maps which may have been prepared for the site; and the environmental analysis
of data to address environmental issues relative to hazardous wastes associated with
development.
2.7 Biological and Trapping Study (Review)
A Michael Baker SME will provide a CEQA adequacy review of the applicant's Biological and
Trapping Study for adherence to requirements of the California Department of Fish and Wildlife
(CDFW) and U.S. Fish and Wildlife (USFWS), including analyses of proposed and final Critical
Habitat, USFWS National Wetlands Inventory, nearby USFWS 10(a)(1)(B), any applicable
Habitat Conservation Plans, the potential presence of sensitive vegetation types, aquatic
communities (wetlands/water of the US), and special- status plant and wildlife species present or
potentially present onsite.
Summary of Task 2 Deliverables
Draft and Final Technical Reports
Technical Memorandums summarizing adequacy of studies provided by the applicant
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Task 3.0 INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE
DECLARATION
3.1 Administrative Draft Initial Study
Using a CEQA Initial Study and Environmental Checklist format agreed upon during the kick-
off meeting, Michael Baker will prepare an administrative draft Initial Study for review by City
staff. The Initial Study will provide written responses to each question on the Environmental
Checklist that describe and qualitatively and/or quantitatively evaluate the project's impact
related to each topic. Each response will provide a conclusion in regard to the significance of the
project's impact, which may be determined to be potentially significant, potentially significant
unless mitigated, less than significant, or nonexistent (i.e., no impact). The analysis conducted to
support such conclusions will meet or exceed industry standards and will consider all applicable
environmental regulations and policies as well as guidance provided by responsible, trustee, and
oversight agencies.
Our approach to preparing mitigation measures (if necessary) is to offer enforceable mitigation
measures that City staff can effectively implement and monitor. Because we have served in a
mitigation monitoring role, we fully understand the importance of having mitigation measures
that staff can easily ensure are properly implemented.
Beyond the technical aspects of preparing the CEQA document, our approach to the Initial Study
is to prepare a reader -friendly document that clearly explains why the impact is considered not
significant or why the recommended mitigation measures reduce the impact to a less than
significant level. To accomplish this, we will use a combination of narrative, figures,
photographs, maps, tables, and other visual aids. We believe that our reader -friendly approach
will greatly aid the City in meeting two of the core purposes of CEQA: informing the public
about the environmental impacts of the project, and allowing decision -makers to consider the
project's environmental consequences before deciding whether to approve the project.
Environmental Analvsis
Aesthetics
The project site is vacant and surrounded by residential and public facility uses and I-210. This
section will describe the existing character of the project site and the surrounding area. The
aesthetics analysis will include a discussion of the proposed site changes, the City's required
architectural guidelines that would be used to minimize visual impacts, potential lighting and
glare impacts.
Agriculture and Forestry Resources
The project site consists of vacant, level land. This section will describe that the site is not zoned
for agricultural or forestry uses and that the project would have no impact on agriculture or
forestlands.
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Air Quality
This section will incorporate the information, analysis, and any required mitigation measures
from the Air Quality and Greenhouse Gas Analysis Report, described in Task 2.1 above.
Existing Conditions/Regulatory Franwwork. The project is in the South Coast Air Basin
(SCAB), which is under the jurisdiction of the South Coast Air Quality Management District
(SCAQMD). Primary pollutants of concern in the SCAB include ozone (and ozone precursors),
particulate matter, and toxic air contaminants. Baseline meteorological and air quality data
developed through the California Air Resources Board (CARB) will be utilized for the
description of existing ambient air quality. Air quality data from the nearest air quality
monitoring station will be included to highlight existing air quality local to the project area. The
analysis will also describe and address the requirements set forth by the SCAQMD, including its
procedures for environmental impact review.
Construction -Related Emissions. The project's construction -related emissions will be quantified
with the CalEEMod version 2016.3.2, and will be compared to the SCAQMD thresholds of
significance. Naturally occurring asbestos impacts will also be discussed qualitatively.
Long -Term Emissions. Operational (i.e., area and mobile source) emissions will be quantified
with CalEEMod version 2016.3.2. Emissions reductions due to project design features will be
incorporated into the operational emissions inventory. Primary sources of emissions will be
related to area sources and mobile emissions from project -related vehicle trips and vehicle miles
traveled based on trip data from the project Traffic Impact Analysis. The air pollutant emissions
resulting from long-term operation of the project will be compared to the SCAQMD thresholds
of significance. If necessary, mitigation measures will be identified to reduce operational
emissions to the extent feasible.
Biological Resources
This section will incorporate the information, analysis, and any required mitigation measures
from the applicant's Biological and Trapping Study, which will include the results of the
following: Iisted species analysis including a review of the California Department of Fish and
Wildlife (CDFW), California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife
(USFWS) proposed and final Critical Habitat, USFWS National Wetlands Inventory, nearby
USFWS 10(a)(1)(B), Habitat Conservation Plans, the potential presence of sensitive vegetation
types, aquatic communities (wetlands/water of the US), and special- status plant and wildlife
species present or potentially present onsite.
Cultural Resources
This section will incorporate the information and analysis from the applicant's Cultural
Resources Assessment, which will summarize the methods and results of archival research,
cultural resources field survey, and any applicable mitigation measures.
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Energy
Using information as provided by the applicant, this section will analyze the project's potential
to result in potentially significant environmental impacts due to wasteful, inefficient, or
unnecessary consumption of energy resources, during project construction or operation, or to
conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
Geology and Soils
Construction could result in temporary soil erosion as well as expose new structures to geologic
and seismic hazards. Michael Baker will review the applicant's Geotechnical Investigation and
describe the project area's geologic setting, including information regarding seismic hazards,
liquefaction, landslides and slope instability, expansive soils, stormwater impacts, and erosion.
We will summarize the project's impacts and incorporate mitigation measures for any identified
significant impacts.
Greenhouse Gas Emissions
This section will incorporate the information, analysis, and any required mitigation measures
from the Air Quality and Greenhouse Gas Analysis Report, described in Task 2.1 above. Michael
Baker will review the land use data and will prepare an inventory of the greenhouse gas (GHG)
emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and
mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste
generation). Total GHG emissions from construction activities will be amortized into the GHG
emissions inventory. CalEEMod will be used to quantify GHG emissions. Reductions from
recently adopted programs and regulations will be included, such as improvements in fuel
efficiency, state building code energy efficiency, and landscaping water efficiency. The project -
related GHG emissions will be assessed against the applicable SCAQMD screening threshold.
The analysis will also review project consistency with the City of Redlands Climate Action Plan,
City of Redlands General Plan, CARB 2017 Climate Change Scoping Plan, and other applicable
plans for reducing GHG emissions. Mitigation measures will be identified and incorporated, as
necessary, to reduce potentially significant GHG impacts of the proposed project.
Hazards and Hazardous Materials
The project site is undeveloped and it is assumed that the potential for hazardous materials is
low. Michael Baker will review the applicant's Phase 1 Environmental Site Assessment (ESA) to
determine if the site or any nearby areas are included on a list of hazardous materials sites. We
will review and incorporate relevant information from the Phase 1 ESA and describe potential
impacts related to hazards and hazardous materials. We will incorporate mitigation measures, if
needed, to reduce potential adverse public health impacts to less than significant.
Hydrology and Water Quality
This section will describe the existing surface water, groundwater, and floodplain environment
based on existing information. It will provide an overview of relevant federal, state, and local
water resources regulations and an assessment of the potential impacts of the project. The
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primary impacts may include temporary, short-term, construction -related effects from
stormwater runoff, and downstream water quality effects and long-term hydrologic changes
caused by adding impervious surfaces (e.g., streets, sidewalks, building and parking areas).
Using the applicant's plans, we will describe the project's erosion control plans and retention
basin capacity and describe the potential for impacts from erosion and siltation during
construction and stormwater retention during operation. The IS/MND will describe how these
potential impacts would be addressed by complying with existing flood hazard zone regulations,
stormwater regulations, and best management practices, including stormwater retention and
sustainability/low-impact development features.
Land Use
The project site consists of vacant land designated in the General Plan as Commercial and zoned
EV/SD (Special Development) District of the East Valley Corridor Specific Plan. The land use
analysis will focus on the consistency and compatibility of the proposed land use and zoning
designation changes to residential uses with the City's current General Plan and Municipal Code,
and consistency with other City planning documents as they relate to environmental protection.
Michael Baker will also provide discussion relative to policy goals of the General Plan and
Strategic Plan and their relationship to the project.
Mineral Resources
Based on a review of available planning documents, the project site is not in an area that would
have a potentially significant impact on mineral resources. We will describe why the project does
not have the potential to impact mineral resources and discuss land areas set aside for mining and
mineral resources within the City's General Plan.
Noise
This section will incorporate the information, analysis, and any required mitigation measures
from the Acoustical Assessment Report, described in Task 2.2 above.
Existing Conditions. The applicable noise and land use compatibility criteria for the project area
will be reviewed and noise standards regulating noise impacts will be discussed for land uses on
and adjacent to the project site. Data for ambient noise will be derived from the City's General
Plan and other sources.
Construction -Related Noise and Vibration. Construction would occur during implementation of
the proposed project. Noise impacts from construction sources will be analyzed based on the
anticipated equipment to be used, length of a specific construction task, equipment power type
(gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The
construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly
equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive
locations. If pile driving is required for the project, an analysis of vibration impacts from
potential pile driving or drilling for the placement of piles will be based on the Federal Transit
Administration's vibration analysis guidance. Analysis requirements will be based on the
sensitivity of the area, specific construction activities, and Noise Ordinance specifications.
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Operational Noise Sources. On- and off -site noise impacts from vehicular traffic will be assessed
using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-
hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular
format. On -site noise generating activities will also be addressed and analyzed for potential
impacts to the adjacent uses. Mitigation measures will be identified, if necessary.
Population and Housing
The proposed project site is currently vacant and its development would not displace housing or
people. The project proposes land use changes that would potentially result in the future
development of housing; therefore, the IS/MND will evaluate whether the proposed project
would induce population growth.
Public Services and Recreation
Michael Baker will describe the existing setting for police and fire services and analyze the
potential for increases in police and fire service calls, which could impact service standards. We
will also analyze the potential for the project to generate additional students for existing schools
in the project area and to create an increase in demand for parks and recreational facilities, with
mitigation measures, as required.
Transportation and Traffic
This section will incorporate the information, analysis, and any required mitigation measures
from the applicant's Traffic Impact Analysis, which will include a discussion of the following:
study area definition, current traffic counts, project trip generation, traffic forecasts, operational
analysis, onsite circulation, General Plan conformance, and consideration of the City's Measure
U requirements.
Tribal Cultural Resources
This section will analyze the project's potential to cause a substantial adverse change in the
significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a
site, feature, place, cultural landscape that is geographically defined in terms of the size and
scope of the landscape, sacred place, or object with cultural value to a California Native
American tribe. It will also document the City's Tribal consultation process under A1352. City
staff will conduct noticing, communications, and consultation with tribal representatives and
provide a written summary of consultation proceedings and any resulting mitigation measures.
Michael Baker will use this information to draft the Tribal Cultural Resources section of the IS.
Utilities and Service Systems
In this section, we will evaluate the project's impact on existing service systems, including
water, wastewater, and solid waste. We will incorporate sewer, storm drainage, and water
information as provided by the applicant. As available, we will incorporate additional
information provided by the City's Municipal Utilities and Engineering Department regarding
16
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local water availability, storm drainage, and sewer capacity. We will obtain information from
other departments and utility providers as necessary to determine impacts from extending
utilities to the site and from increasing demand for service to City systems. We will identify
mitigation measures, as needed.
Wildfire
The project site is not located within a designated Very High Fire Hazard Severity Zone, as
identified on the most recent CalFire State Responsibility Area (SRA) map. This section will
discuss that the project would have a less than significant impact relative to wildfires.
Mandatory Findings of Significance
This required analysis includes mandatory findings and a broader discussion regarding
degradation of the environment, cumulative impacts, and potential adverse effects on humans.
3.2 Initial Study
After receiving the City's comments on the administrative draft Initial Study and making the
appropriate changes, Michael Baker will prepare a proof -check version of the Initial Study for
City consideration. We assume that the proof -check version will adequately address any
substantive comments which the City had and that the City's comments on the proof -check
version will be limited to edits and clarifications of final points. Michael Baker will address such
final edits/clarifications and prepare a final version of the Initial Study. This scope assumes one
round of review for the administrative draft IS and one round of review for the proof -check draft.
3.3 Proposed Mitigated Negative Declaration
Michael Baker will prepare a proposed MND to attach to the Initial Study. We will submit an
administrative draft version of the MND to the City for review and comment. After receiving the
City's comments and making the appropriate changes, Michael Baker will combine the final
proposed MND with the Initial Study, which will constitute the project's environmental
document to be released for public review.
3.4 Circulation and Public Notification
Michael Baker will assist the City in circulating the environmental document for public review.
For this task, we will prepare a Notice of Intent (NOI) to Adopt an MND. We will file the NOI
with the County Clerk and will assist the City in the distribution (i.e., mailing) of the NOI.
Michael Baker assumes that the City will be responsible for publishing the notice in the local
newspaper and/or posting the notice on- and off- site, if desired.
Summary of Task 3 Deliverables:
The administrative draft Initial Study will be submitted to the City electronically;
Michael Baker will submit the proof -check and final versions of the
Initial Study to the City electronically;
Michael Baker will submit the administrative draft and final versions of
the Mitigated Negative Declaration to the City electronically; and
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• Michael Baker will submit the Notice of Intent to Adopt an MND to
the City electronically for the City to utilize and post on the City's
website, file the NOI with the County Clerk, mailing of the NOI, and
submit the NOI along with 15 copies of the Initial Study and
proposed MND to the State Clearinghouse.
• The 10 additional hard copies of the IS/MND and 10 additional sets of
appendices on CDs for the City's use, per the Request for Scope and
Fee.
Task 4.0 ADOPTION PROCESS
4.1 Response to Comments
While not required by CEQA, it is our understanding the City is requesting Michael Baker
prepare written responses to comments on the proposed MND on environmental issues raised
during the public review period. An administrative draft version of the responses to comments
will be submitted to the City for review and one round of comment. After receiving the City's
comments and making the appropriate changes, we will submit a final version of the responses to
comments to the City.
4.2 Mitigation Monitoring and Reporting Program
If mitigation measures are required, a Mitigation Monitoring and Reporting Program (MMRP)
must be completed prior to adoption of the MND. It may be included in the MND or take the
form of a separate document, which need not be circulated to the public. Michael Baker will
prepare an MMRP for the project using the City's preferred format. An administrative draft
version of the MMRP will be submitted to the City for review and comment. After receiving the
City's comments and making the appropriate changes, we will submit the final MMRP to the
City.
4.3 Public Hearings/Meetings
Michael Baker's project manager and full bench of technical experts will be available for project
support on an as -needed basis. However, for the purposes of defining a scope and fee, we assume
that the project manager would attend up to two public meetings on the project. Upon request,
we will also be available to assist City staff in preparing and presenting the environmental
findings of the project and will be available to answer questions regarding CEQA and the
project's environmental document.
4.4 Notice of Determination
Michael Baker will prepare a Notice of Determination in accordance with Section 15094 of the
State CEQA Guidelines for the City to file with the County Clerk. We will file the Notice of
Determination within five days of adoption of the MND to establish a 30-day statute of
limitations, provided that Michael Baker is reimbursed for the filing fees or provided with a
check at the time of filing. These fees include the California Department of Fish and Wildlife
fee. Such fees are not included in our proposed budget.
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Summary of Task 4 Deliverables:
• Michael Baker will submit draft and final versions of the responses to
comments to the City electronically;
• Michael Baker will submit the draft and final versions of the MMRP to the City
electronically;
• Attendance of Michael Baker's project manager at public hearings (up to two); and
• Michael Baker will submit a copy of the filed Notice of Determination
to the City electronically and provide the original.
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PROJECT SCHEDULE
Michael Baker International is committed to completing the project in a time frame that meets
the City's needs. Our proposed schedule outlines an approach that would result in the IS/MND
for the project being released for public review in approximately 13 weeks.
e
_ .
Kick-off Meeting and Site Visit
1
Week 1
Commence technical studies and begin
preparation of the administrative draft IS/MND
Prepare Technical Studies
4
Weeks 1-4
Complete administrative draft IS/MND
CEQA Adequacy Review of
3
Weeks 1-3
Conduct adequacy and optional peer reviews of
Applicant's Technical Studies
applicant prepared studies
Prepare Administrative Draft
Weeks 1-7
City to review administrative draft IS/MND and
IS/MND1
provide comments to Michael Baker
City Review of Administrative
2
Week 8-9
Michael Baker to address City comments and
Draft IS/MND
prepare proof -check draft 1S/MND
Prepare Proof -Check Draft
1
Week 10
City to review proof -check draft IS/MND and
IS/MND
provide comments to Michael Baker
City Review of Proof -Check
Michael Baker to address City comments and
Draft IS/MND
1
Week 11
prepare document for public review
Finalize IS/MND for Publication
<1
Week 12
Michael Baker to prepare notices and Michael
Baker/City to circulate IS/MND for public review
Prepare Notices and Circulate,
Publish, and Distribute IS/MND
<1
Week 13
Michael Baker/City to publish, post, and
and Notice of Intent
distribute the Notice of Intent
Public Review Period
4
Weeks 13
City and Michael Baker to address comments
17
Prepare Responses to
2
Week 15-20
City to review responses to comments and
Comments and MMRP
MMRP
Public Hearings to Consider
Adoption of Mitigated
4
Weeks
City to file Notice of Determination with San
Negative Declaration a
TBD
Bernardino County Clerk
File Notice of Determination
<1
WeekTBD
CEQA process/documentation complete
1. Theschedule is generic and does not accountfor holidays. it also assumes Michael Baker has all necessarydocumentsfrom
City/Applicant
2. Assumes a 30-day review period !f State Clearinghouse review is not required, review period could be reduced to 20 days.
3. Assumes two hearings — one for Planning Commission and one for City Council, Does not considerany actual hearing dates
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EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
FEE SCHEDULE
Task 1: Project Initiation
1.1 Project Kick-off and Coordination Meetings
7 405
$ 2,940
1.2
Site Visit and Background Research, Project Description
$4,465
Task 2: Technical Studies
$16.750
2.1
Air Quality and Greenhouse Gas Analysis Report (Prepare)
$8,280 .
2.1.1
See Optional Tasks Below
--
2.2
Acoustical Assessment Report (Prepare)
$6,390
2.3
See Optional Tasks Below
-
2.4
Cultural Reso u rces.Re port (CEQA Adequacy Review)
$460
2.5
Geotechnical Investigation (CEQA Adequacy Review)
$520
2.6
Phase 1- Environmental Site Assessment (CEQA Adequacy Review)
$620
2.7
Biological and Trapping Study (CEQA Adequacy.Review)
$480
Task 3: Initial Stud $21,440
3.1 Administrative Draft Initial Study $14,805
3.2 Initial Study $3,005
3.3 Proposed Mitigated Negative Declaration $2,100
3.4 Circulation and Public Notification $1,530
TOTAL $53,950
OTHER DIRECT COSTS (OD(s) - printing, mailing, mileage, etc. $75.0 .
TOTAL + ODCs $54,700
OPTIONALTASKS $7,790
2.1.1 .Optional Construction Air Dispersion Modeling fPrepare) $4,054 .
2.3 Optional Traffic Impact Analysis (CEQA Peer Review - Recommended) $3,740
TOTAL + ODCs + OPTIONAL TASKS $62,490
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RATE SHEET
MEEMENEENSEENIMEM
Team Member
Position
Hourly Rate
EMILY ELLIOTT
Project Manager
$135
RAMEETA GAREWAL
Project Director/Advisor
$225
PETER MINEGAR
Assistant Project Manager
$130
RENEE GLEASON
Environmental Specialist
$150
CARLA DIETRICH
Traffic Engineer
$170
TOM MILLINGTON
Biologist
$120
KRISTEN BOG.UE
ESA. Specialist
$155
MARGO NAYYAR
Cultural Resources Specialist
$115
Copying/Printing Small Format B/W
0.04
Small Format Color
0.17
Large Format B/W
0.18
HP Mono Lines (B/W)
0.18
HP Color Lines
0.44
HP Color Low Density Image
0.79.
HP Color High Density Image
1.55
Per Diem/Meals/Lodging
N/A
Mileage IRS rate
Postage/Delivery at cost
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EXHIBIT licit
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
1/1 am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
MIC L BAKER IN ERNATIONAL
Darren Riegler, Senior Vice President
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