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Home My WebLink AboutContracts & Agreements_134-2009_CCv0001.pdf THIRD AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES This third amendment ("Third 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$sandman Associates("Consultant"),is made and entered into this 1st day of September,2009. RECITALS WHEREAS, it is the desire of City and Consultant to amend their existing Agreementt to change Article 2—Compensation and the scope of work to be undertaken by Consultant pursuant to the Agreement.- NOW, greement;NOW, THEREFORE, City and Consultant agree as follows: AGREEMENT Section L 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 Four Hundred Fifty Nine Thousand Five Hundred Eighty Dollars ($459,580.00) 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 "1" of this Third Amendment. All other provisions of the Agreement shall remain in full force and.effect. [CONTINUED ON NEXT PAGE] lAca\djrn`,Agreentents43rd Amdrnt Michael Brandie an Assoc.Consulting Agreement.doc IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of September 1,2009. CITY OF REDLANDS ATTEST: Jon Harr' on, Mayor Lorne yzer' City /I, MICHA NPASSOCIATES nxlron Brandman, Vice President Lkcal,djrn`Agreeraents\3rd Atndrnt Michael Brandman Assoc.Consulting Agreentent.doe July 20, 2009 Exhibit 1 Robert D. Dmlquoat,AICP Assistant Community Development Director Qty of Redlands 35Cajon Street,Suite 2D Redlands,OA82373 Subject:Revised Request for Additional Funds to Update Technical Studies -Traffic, Urban Decay,Air Quality, Noise, and Conduct a San Bernardino Kangaroo Rat Protocol Trapping Survey Dear Robert: � Onbehalf ofMichael Brandman Associates, it has been a pleasure to work with the City of Redlands and the project team on the Environmental Impact Report(EIR)for the Redlands Crossings Project. Asa 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 in the following tasks below: Updated Traffic Study As you may recall, MBA and the traffic consultant met with City staff and the Client's representative on May 20, 2009 to discuss the results of the traffic study.At that meeting,two requests were directed as follows: ° Include the potential office development on Parcels 10 - 13,west of New York Avenue. " Additional analysis ofSaturday conditions. Based on these requests, new trip generation calculations and a reassessment of the project study area which will likely result inthe addition ofnew study intersections will be required toboconducted and are both outside of the original scope.This will also require the traffic consultant to order a new run of the East Valley Model from the City of San Bernardino as well as a reanalysis of all project impacts and mitigation measures. As indicated above,the City also requested an analysis of Saturday peak hour conditions be conducted. This is an additional scenario not previously analyzed.Since the project trip generation may be higher on Saturdays,than during the weekday pm peak hour,this request may also result in an increase in the study area. New traffic counts will be required at all study intersections during the Saturday peak hour period and at new study intersections during the weekday pm peak hour as well.The total cost to complete the updated traffic study ie$23,@00. Updated Urban Decay Study At this time, MBA and the economic and financial consultant are recommending to update the Urban Decay Study asfoUows: ° Conduct field survey 0oidentify new retail vacancies inthe trade area. The retail inventory inour draft report was current esofJanuary ofthis year. For the proposed update wewould identify new vacancies and any new tenants that have occupied previously vacant space,and recalculate the trade area vacancy rate based unthe new data. RobartDalquest July 15,28O8 Page • Update our retail demand analysis model toreflect the most recent sales tax data available from the State Board ofEqualization. • Verify that the demographic forecasts used in our analysis reflect the latest available data. • UpUa1eourcunnu|ativeimpaotyana|ysis. VVewou|duompreheneive|y/eviewou/ounnu|ad*epuAecta lists for both grocery and non-grocery projects, and remove any listed projects(e.g.,the two Fresh and Easy stores)that are unlikely to be developed based on current market conditions. • Prepare revised draft of the urban decay study for review by MBA and the applicant team. w Complete any additional revisions requested bythe client based onthe above reviews. The total cost to complete the updated Urban Decay Study is a not-to-exceed budget of$7,50U. Updated Air Quality and Noise Studies In addition, MBA will need to update the air quality and noise studies accordingly with the inclusion of the square footage to be provided by the Project Engineer for the development of Parcels 10-13 to match the updated traffic study.Thetotal costs for,this reevaluation is$6,50O. San Bernardino Kangaroo Rat Protocol Trapping Survey, and Report MBA also proposes to conduct a U.S. Fish and Wildlife Service(USFWS) protocol survey on the project site, as required,to determine presence/absence of the federal ly-I isted endangered San Bernardino kangaroo rat(Dipodomysmerriamiparvus)(SBMR) including number ofindividuals. and mapped locations (if applicable). The original biological study dated August 2005,concluded that the SBKR has a moderate potential for occurrence on the project site. MBA prepared an updated Biological Letter dated March 5, 2009 and concluded that the site has not changed since the date of when the original study was conducted.Thus,focused protocol trapping surveys for SBK1R is recommended prior to project approval to determine presence nrabsence ofthe species. IfS8KRare found,consultation with USFVVSwill be required to determine appropriate mitigation. If SBKR are absent from the project site, no additional survey work will berequired.The total costs for this survey ia$7,80O. MBA will first survey the entire area and map suitable SBKRhabitat. Those locations that may support SBKRwill betrapped. In accordance with USFWS survey protocol, each trapping effort will be conducted for five consecutive evenings using Sherman traps with modified doors. As a requirement of the permit to survey for SBKR, USFWS must be notified within ten (10)working days prior to the anticipated start date of survey work. This notification will include precise mapping of the subject property clearly delineated on a 7.5 minute United States Geological Survey(USGS)topographic map marked with the project name,type of project by category(urban development,mitigation bank, or specify any other descriptive mataQnry).and the estimated area acreage, SBNRtrapping will beconducted in early to mid summer 2009 when nighttime low temperatures are 50 degrees or higher. As a requirement of the USFWS permit to trap the SBKR,a report of findings must be submitted tothe USFVVSwithin 45days cfcompletion ofprotocol surveys. Adraft report will besubmitted toyou for review. Based on one set of review comments from the client,a final report will be prepared. Amrequired,the report will include: • Site location plotted VnU8GS7.5-minutetopographic quadrangle map ° Qualitative description of site habitat, including plant composition, list of invertebrates observed, and notation of reptiles, birds,and mammals detected,as well as any signs of disturbance, • Site plant community map, � Characterization ofland uses surrounding the site, • Mapping mfprecise locations where any CAGNare detected, = Full account ofnumbers and behavior ofany CAGNdetected, and Robert Dalquest July 15.200S Page ° Completed field forms utilized by the Natural Diversity Data Base ofthe California Department of Fish and Game. Project Meeting and Management MBA plans tomeet with City staff uphoone(1)time during preparation cf the updated studies noted in this augment and provide project management process for the tasks involved for a total of ten(10)hours. The following is a breakdown of the related costs associated with this requested budget augment: Task Cost Additional Parcels 1O - 14 ' New Model Run (Direct costs from Son Bernardino 33,000 - New PK8Traffic Counts Due tolarger Study Area $600 (Assume 5Intersections) ' Field Review and Existing LOS ufNew Intersections $1.000 - Develop and Obtain City Approval ofNew Trip $800 Generation Rates Revise LOS Analysis etall Intersections for 2O11& $2,500 2030 Subtotal: $7'900 Saturday Analysis Saturday Traffic Counts(39 Intersections) $4.680 Existing LOS for Saturday Conditions $1'200 Trip Generation for all Cumulative Projects for $2.400 Saturday ' Development of Saturday Future Volumes(No $1.800 Saturday Model Exists) ' 2O13 &2O3OSaturday LOS Analysis $3.400 Revise Report(Text, Figures, Tables)Accordingly $2^500 Subtotal: *15.980 Urban Decay Study $7'500 Update Technical Studies ' Air Quality $3'750 ' Noise Study $2.750 S8KRProtocol Trapping Survey and Report $7.800 Project Meetings and Coordination $1.600 Total Costs: $47.280 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 ahigh level ofclient 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$47.28U. Robert Dalquest July 15,2009 Page 4 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. If you have any questions or concerns regarding this report, please call me at 925.200.1656 or email me at jbrandman andman.com. Sincere t Accepted By: aso Brand n,vice President Robert Dalquest M hael Brandman Associates City of Redlands 621 E.Carnegie Drive,Suite 100 San Bernardino.CA 92408