HomeMy WebLinkAboutContracts & Agreements_172-2002_CCv0001.pdf SECOND AMENDMENT TO AGREEMENT TO FURNISH ENVIRONMENTAL
ANALYSES
This Second Amendment to Agreement is made and entered into this 15th day of October,
2002 by and between the City of Redlands,a municipal corporation("City")and Michael Brandman
Associates {"Consultant"}.
RECITALS
WHEREAS, on Mav 7. 2002. the City and Consultant entered into an agreement entitled
"Aoreement to Furnish Environmental Analvsis Consulting Services for the Redlands'Sports Park"
(the "Agreement") which described the scope of work which Consultant would undertake for City
for the total compensation of$72.490 in connection with the necessary environmental review for the
City's sports park, and
WHEREAS. on June 18, 2002. the City and Consultant approved Amendment No.I to the
above referenced Agreement which authorized an increase in the scope of services to include
trapping of the San Bernardino Kangaroo Rat and an investigation of potential mitigation land owned
by the City, and
WHEREAS, as a result of the trapping it was confirmed that the San Bernardino Kangaroo
Rat did indeed exist in the areas proposed for the Sports Park and that a mitigation plan would be
tiecessary that would be approved through a Section 7 or Section 10 permit from United States Fish
and Wildlife Service- and
WHEREAS,the City has determined that it is eligible to apply for a Section 7 permit which
requires a federal funding element since FEMA has agreed to be the federal agency providing
funding for an improvement in the sports park using monies currently allocated to the City of
Redlands: and
WHEREAS, the City has elected to prepare an environmental impact report for an overall
development plan for the entire 115 acres of the proposed sports park; and
WHEREAS, Consultant has proposed that a revisedNoticeof Preparation be prepared and
published for the amount of S750; and
WHEREAS, Consultant -has proposed that a Section 7 Consultation be initiated and
completed for the amount of$35,760: and
WHEREAS, Consultant has also proposed to prepare the necessary environmental
documentation required to satisA,the National Environmental Policy Act for the amount of$14.970;
and
WHEREAS, Consultant will prepare document revisions to discuss expanded project and
reflect the habitat conservation element in the EIR/EA in the amount of$12,880: and
WHEREAS.Consultant will revise the Revised Screencheck EIR/EA pursuant to comments
received from the City in the amount of$2.000.
NOW,THEREFORE,in consideration of the mutual promises contained herein,the City of
Redlands and Michael Brandman and Associates hereby agree as follows:
Z:11
Section 1. Section 5.1 of the Agreement is hereby amended to increase the compensation to
be paid by City to Consultant by the amount of $66.360 for a total compensation of $205,143
including the amount expended in the original contract approved June 19, 2001.
Section2. Exhibit"A"of the Agreement which describes the extent of Consultant's Services
is hereby amended to include the Preparation of the revised Notice of Preparation, Section 7
Consultation,the NEPA Compliance. and Document revisions to discuss the expanded project and
to reflect the Habitat Conservation Element which is attached hereto as Exhibit "A".
Section 3. Exhibit of the Agreement which includes the schedule for the preparation of
the EIRE is hereby amended as shown in the schedule exhibit attached hereto as Exhibit"B".
CITY OF REDLANDS ATTEST:
A
J4��14
avor of the f Redlands Citv Clerk
MIC AE pAN ASSOCIATES
1:`%P3aiini2i,,".fOHNkMISC'IA(iREEMLN'FS"Braiidmaii 3,wpd
EXHIBIT "A"
SCOPE OF WORK AND BUDGET
A. Prepare and Publish Revised Notice of Preparation (NOP) of a Draft EIR
'rhe NOP will be revised to include up to 115 acres of Sports Park and related facilities,and to include habitat
coil's enlation areas associated with the project. The current EIR that MBA has prepared proposes development
")t approximatelv 45 acres of Sports Park facilities, The City is proposing to exp,.-uid the project to include up to
1;acres of Sports Park and related facilities,which can be developed in phases as funding becomes available to
rile ( 1tv.
'T-
10 facilitate negotiations with the U,S.Fish and Wildlife Service (U�SFky,`S) regarding compliance with the federal
Endangered Species Act (ESA),a habitat conservation element has been added to the project description. This
element includes the donation of City-owned land along the Santa Ana wash to provide permanently protected
Lind that supports the federal-endangered SBKR,- this land would compensate for impacts that would occur due
to development of the proposed sports park facilities and extension of Dearborn Street. The total amount of
Lind to be donated will be determined on the basis of additional biological investigations and analvsIs 1)0413A.
A revised NOP must be published and distributed to provide adequate notice wider CEQA of die full project
description,and proposed habitat conservation area. MBA will prepare draft revision of the NOP ('Including a
revised project location map' for City staff approval and will prepare the final version for publication. City staff
kvill he responsible for making the required number of copies and for mailing die revised NOP, via certified
to all entities included in this project's EIR distribution list.
This proposal assumes that there will be no substantive comments concerning the revised NOP that result in
ch.uiges to the scope of the EIR.
S750
B. Section 7 Consultation
informal communications between the City of Redlands and USM,S indicated that a formal Section
Consultation, in compliance with the Endangered Species Act, would be required if a federal connection is
identified and because of the known occurrence of the SBKR in die area. The formal Section 7 Consultation
%vould be through the Federal Emergency Management Agency (FENLV as the responsible federal agency.
Fc-r-ri,,il consultation will require further field studies of the proposed mitigation lands, the preparation and
,ubn,ittai of a 1
Biolo9'cal Assessment, and processing the Consultation through the Service. Successful
ne�-'orlarlons will result in the Service issuing either a letter of concurrence (if negotiations remain inflormal)-.or a
13. , ficial Opinion (if FE-%L-%enters, into formal consultatiotip
Task 1—Initiate *Qn7 Consultation
MBA will work with FE.'�L-Vs Region IX Environmental Officer (E0) and Citv staff to prepare official
oorresp)ndence to formally request imitation tiation of the Section 7 process with USRX'S.
53450
—)ST;
Task 2—Survey and Evaluate MitigationSites
MBA biologists will work with die Cit-v of Redlands to identify lands that may be available for mitigation. A
biological reconnaissance will be conducted on the proposed mitigation lands to characterize the
component mid to assess their habitat value for SBKR and other potentially presence sensitive Some
trapping has already been conducted both oil the proposed project site and oil the proposed inlr4rirlon land.
Additional reconnaissance is needed to characterize the mitigation sites. .-�dditioiiAtr,,ippliigeffi)rtsiii-,i%-.a so be-
required by USRXIS. It may also be possible,based oil the suitability determinationand the obvious Presence Ot
a lar'ge amount of SBKR sign,to avoid a trapping effort and assume the site is completely occupied. The cost 4
trapping at two additional sites is included in this proposal.
Cost: 57,000
Task 3—Field Meetings With
.MBA biologists will meet with USF\VS on the project site as well as potential mitigation lands to discuss the
project impacts and proposed mitigation measures. This will also provide a forum for informal discussions with
US17\X'S and will set the foundation for the filial mitigation stratep- to be developed in the lilololpcal
Assessment. This scope of services and budget assumes that there will be two field meetings with USFVS.
Cost: 51,260
Task 4—Prepare Biological Assessment
MBA will produce a 1
Biolo9ical Assessment (BA) according to USFWS handbook for preparing Section 7
Consultations under the federal Endangered Species Act. The BA will use the data from die biological surveys
previously conducted for this project as well as the information gathered in Task 1. The report will focus on the
known presence of SBKR, potential impacts from the project, and the benefits involved with the habitat
conservation lands to be donated by the City. MBA will compare the habitat value of the site to be developed
versus the value of the habitat conservation site(s) and assist the City in determining the acreage that would be
required to mitigate impacts to SBKR, Remaining acreage of the proposed mitligati011 Site Could potentially be
used as a land bank for future development mitigation purposes.
MBA will also work with the City to clearly delineate its conservation goals. Acoiiservatioiil/mitigation strategy
will be developed that is broad enough to provide a strong foundation for the conservation of the species and
land use planning efforts. Mitigation measures will be developed based oil:
• Habitat values;
• Distribution ofSBKR;
Anticipated level of impacts to SBI R;
• Anticipated agency concerns;and
• Potential future planning actions.
All internal review draft Biological Assessment will be submitted to the ,--Itv of Redlands. Based on one set of
con-M-ents,a final draft will be prepared and submitted to FE-NL-\ fort-Orwardilig to USI"WS.
518,71 0
Task-5—Formal Consultation With USESYS
The Principal Biologist will provide technical and processing support Mid attend meetings) with the (-'It%
FEMA mid USFW'S for processing the Section 7 Consultation. MB., has planned for 6 (six) ineetln,,� at
4 11OUrs per meeting for preparation and attendance, plus 40 additional hours for technical support :and
processing time. If additional efforts beyond the above designated hours are required.MBA will notify the(-itV
mid request authorization to proceed with that work,
Cost: $7,500
Total Estimated Direct Expenses,Section 7 Consultation: $850(If additional expenses are required,MB.-�
will notify the City and request authorization to proceed with those additional expenditures)
TOTAL ESTIMATED FEE, SECTION 7 CONSULTATION: $35,760
C. NEPA Compliance
.MBA will prepare a 'Joint Environmental Impact Report/Environmental assessment ;EIR/Eat) to provide
clearmice for the entire project under both the California Environmental Quallry.pct(CEQN) and NEPA. '1711c
document will be prepared in a manner that will satisfy the City's EIR requirements as well as FE-NLVs Eta
requirements. -;kti advantage of this 'Joint document approach is that it will avoid the possibility-bili ity of unexpected
project delays that could occur if the CEQA and NEPA processes were separated,since compliance with both
state mid federal regulations must be completed prior to any construction. :Mother advantage of this J'olnt
document approach is that the EA will be structured to provide environmental clearance for the entire project,
not lust the aspect for which FEIvL,", funding is being considered. With full protect NEPA compliance at this
time, the City could secure additional federal funding for other aspects of the project and not have to undertake
MW subsequent NEPA compliance efforts. The scope of services anticipated to complete the NEPA process is
described below.
Task 1----Add EA Information to EI
MBA will add the required information to the EIR to satisfy FE L-\ EA requirements, and will complete the
EIR'EA based on the research and analyses already being prepared for the EIR. Idl special NEP A comp]im ice
requirements will be addressed, such as Executive Orders, Section 106, etc, The Biological Assessment
prepared for the Section 7 consultation (previously, described)will be included in the Appendix.,along with any
121-1c I "federal
pertinent correspondence with USRXIS or other federal agencies that demonstrate compliance with te 11
regulatory requirements.
Please note that this task assumes that City staffwill provide sufficient preliminary engiieering level information
to MBA,to assist in the development of text and exhibits,if necessary,to describe the purpose mid need for the
FEN LA-funded spillway,along with three alternatives to that spillway,in accordance with FEN;-LA specifications
for EAS,
Cost: S7,20,0
Task 2—FEMA/City Staff Review and Comment on Draft EA
MBA will submit two copies of the Screencheck Draft EIR/EA to the FE-\1A Region IN E0 at the wane time
-it are submitted for review and comment by Citi' staff. MB.',will then consult
as three copies of the document I
with the FE,\L-k EO and City staff to respond to questions mid assist in expediting the FE,1L\ rc%�icw process.
Cost: $1,000
Task 3—Revisions to E
MBA will rev-Ise the EIR/EA Maccordarice with FE.\VIA and City staff comments mid a revised document Will
be prepared for review mid approval by the City's Environmental Review Committee :ERC'.. We assume that
the ERC will not make any changes to the EA components of the document.
Cos t: $2,2120
Task 4—Publication and Distribution of Draft EA
MBA will distribute the ERC and FEIA-approvedDraft EIR/EA to the State Clearinghouse,selected federal
agencies (USF\X'S,US Army Corps of Engineers,Natural Resources Consen-ation Service',mid other interested
or affected agencies,groups and individuals identified in the City's document distribution list- AlIpublic notices
concerning availability I g the axmability of the draft document will also note that the public review process is intended to
sl,itlsfv NEPA requirements for public involvement. The 45-day public review period mandated for the EIR will
also sat'sfv FE.NL-Vs requirements.
Cost: $1,200
Task 5—Prepare Final EA and FONSI
MBA will prepare written responses to any comments received during the public review period concerning the
Draft EA. If warranted, revisions to the EA elements will be made, '1711is scope of services aSSUITICS that no
substuhtive changes will be required, and that any required revisions will he limited to minor clarifications or
corrections. A Filial EA and Finding of No Significant Impact "FONSI) will be submitted to FEAR,
Region fX,forapproval and signature,This will occur simultaneously or possibly before the C-Ity's consideration
of the Final EIR.
131-irsumit to Executive Order 11988,the approved FONSI will then be circulated for a 15-day public comment
period, This scope of services assumes that there will be no further comments that require any responses.
Please note that the 15-day public notification must occur prior to Initiation of any work on the sports park.
Please also note that NMA cannot guarantee that FEx1A will determine that ,I FONSI Is the appropriate
determiliation, based on the EA. If FEND should require all Environmental ImpaCr Statement (EIS),
substantial additional documentation and processing efforts would be necessary and are not included in this
scope of work.
Cost: 52,200
Task 6—Public Notices
,�fBA will assist the City in preparing public notices concerning theavallabIlIR,of the Draft EIR/EA t--()r re\'iew
J-11d corru-nent, for arivpublic hearings to be conducted concerning the Draft EIR/I-Ea—lnd to publish notice of
the availability of the Filial EA/FONSI.
" -I-o
,
ost: $`;
Total Direct Expenses,NEPA Compliance: $400 J f addittorial expenses are required,-',IBA will notify fy rhe
City and request authorization to I proceed with such additional expenditures)
TOTAL ESTIMATED FEE, NEPA COMPLIANCE: $14,970
D. Document Re-visions to Discuss Expanded Project and Reflect Habitat Conservation Element
Task 1—Revisions to the Administrative Draft EIR
The Adnifulstrative Draft FIR will be revised to discuss the expanded project. Most sections of the existing
Admiulstrative Draft EIR and the related exhibits will require revisions. In addition,our existing professional
services agreement did not contemplate the receutly added habitat conservation element of the project,and does
not include any tasks involving description,mapping rig or mialysis of that element. Most of the additional work
associated with this element will occur in conjunction with preparation of the Biological Assessment,described
earlier as part of the SeC6011 ? consultation scope of services, However, additional work will be required by
MBA to add text and exhibits throughout the EIR/EA, to describe the habitat conservation elemeut mid to
discuss project impacts relative to that area,where appropriate,
'I'llese Changes will affect the following document sections:
• Introduction- • Hazards mid Hazardous Materials ("as it relates
• Executive Summarv'. to Airport Land Use Compatibilirv)..
• Project Description, * Water Supply
• Environmental Setting; 0 Land Use
• Aesthetics ,light ght mid Glare 0 Noise;
1, 19
• Agricultural Resources; & Trarisportation/Traffic.
• Air Quality; 0 Utilitles,`Service Systems;
• Biological Resources, 0 Cumulative Impacts,and
• -�lternatlVes.
200
ost: S8'1.�
Task 2—Rex-rised,Traffic Impact Analysis
The Traffic Impact Analysis will be revised to reflect the expanded project. A revised report will be submitted
1 1 1 1conditions. 1' determine protect traffic
and will include the following subjects: (1) document existing traffic 2)
geucratio11; (3) distribute the project traffic generation to the street system, (-l; cleterniffle the project's traffic
impacts, (5) analyze site access locations; (6) examine Internal circulation including emergency vehicle access,
and t'7) propose mitigation for traffic impacts.
Cost: $4,180
Total Direct Expenses,Document Revisions: $500(If additional expenses are required.NIBA will notify the
City and request authorization to proceed with such additional expenditures)
TOTAL ESTIMATED FEE, DOCUMENT REVISIONS: $12,880
E. Responding to Comments on the Revised Screencheck EIR/EA
%4BA will revise the Revised Screenclieck EIR/EA pursuant to Comments received from the City. With respect
to the EIR,after completion of these tasks,MBA will proceed with work under the original Scope of Work for
the EIR_
Cost: S2,000
SCHEDULE
As shown in the attached Gantt chart schedule, the CEQA/NEPA comphaiice process is projected to be
completed in late April 2003, This schedule assumes that �IBA has authorization to proceed -,%ath work on
October 16, 2002 mid that we have a revised project description <uhd relevant project information iticludinga
description of project phasing, _%fBA understands that time is of the essence,and we will do whatever we can to
expedite the process. We cannot control the actions or scheduling commitments of die federal reviewing
agencies involved in the NEPA process, or the nature and substance of ashy comments that mav be received
concerning the Draft EA/EIR. Those aspects could,therefore,affect the present schedule outlook positively or
net2ptively.
The critical path task in this schedule is die formal Section 7 consultation process with the USFWS, This
process may take up to 135 days to complete, under current fedenregulations, mid the attached schedule
reflects that 'worst case' scenario. To reduce this time frame, if possible, NIRA will maintain regular
communications with USPX*S staff during preparation of the Blolocical Assessment, and throughout the
consultation process, to keep them fully informed of the results of our Field investigations and impact
assessments, to discuss approaches to habitat conservation and impact mitigation and to obtain early
concurrence,wherever possible,to address their concerns and to nillurnize the level of comment and revisions
that rnay be requested by that agency.
Redlands Sports Park EIR/EA
Schedule Outlook
October 1,2402
October November December January February March April May
iD Task Name ', 9/29 10/13 10127 11/10 11/24 1218 12/22 1/5 1/19 212 2/16 312 3/16 3/30. 4/13 4127 5/11
1 City Cour+cil approves contract amendment *-,10/15
2 Revised NOP preparedidistnbuted 10116 1...,10/18
3 30-day Public Review Penod for Revised NOP 10/18 11117
4 Section 7 Consultation with USFWS
5 Prepare Biological Assessment&submit to City for review/comment 10/16 _ 111/26
6 City provides comments to MBA 11/27 } 12/5
T
Revisions made,BA submitted to USFWS
12/6 �; 12111
8 Consultation with USFWS(maximum 135 days) 12/11 [
h 4125
9 USFWS issues Biological Opinion 4725
10 Prepare Public Review Draft EAIEIR Now
11 Prepare revised traffic study,revised air quality and noise studies
10/16 } 11/19
12 Add EA information,make other revisions to EIR to reflect new project description 10116 -It 1126
13 Submit Scrnck DEIR/EA(without bio assessment) to City&FEMA for review and comment 11/27 /27
14 City and FEMA provide comments to MBA 1212 12113
15 Add results of Biological Assessment to EAJEIR
12/12 12/18
16 Revised EIR/EA submitted to City&FEMA for review/comment
�� 2/tg
17 City&FEMA provide comments to MBR 12120J 113
18 Revisions made,EIR/EA submitted for ERC Review 116 } 1/8
19 ERC Comments provided to MBA 1/9j 1/17
ou
20 Draft 6RIEA finalized,copies made and distributed 1120 1121
21 Draft EIR/EA 45-Day Public Review Period 1122 3/8
22 Prepare Final EIRtF0NSI and Related Certification Materials
23 Prepare written responses to comments(RTC}on Draft EIR/EA 3/10dt21
24 Prepare Mitigation Monitoring and Reporting Program(MMRP) 3110 J 3/14,
25 Prepare Draft f=indings and Statement of Overriding Considerations(if needed) 3/10 3/14
26 Submit RTC,MMRP,Findings and SOC to City and FEMA for review/comment Vr
3124
27 City&FEMA provide comments to MBA 3125 •�• 412
28 Final OR materials completed 414 t.'J 4/10
29 Publish notice of Final EA/FONSI 15 days prior to FOR certification hearing 4111
r
,Tt) F'iravufe R'TC',to l7catrtit:agencies cn+n+rnum 10 days prirar to f'l_fld certification hearing � 4111
31 City Council Public bearing to Certify i-inal EIR 41
4128
Task j Summary Rolled Up Progress Group By Summary
Project,8-26-02Schedule Critical Task z. T mmr Rolled Up Task ) Split
Date.Mon 9130/02 (
Progress Roiled Up Critical Task t u...._ External Tasks
Milestone Rolled Up Milestone Project Summary
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