HomeMy WebLinkAboutContracts & Agreements_89-2002_CCv0001.pdf FIRST AMENDMENT TO AGREEMENT TO FURNISH ENVIRONMENTAL ANALYSES
This First Amendment to Agreement is made and entered into this 18th day of June, 2002
by and between the City of Redlands, a municipal corporation ("City") and Michael BTandman
Associates ("Consultant"). RECITALS
WHEREAS, on May 7, 2002, the City and Consultant entered into an agreement entitled
"Agreement to Furnish Environmental Analysis 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 5, 2002, Consultant informed City that it is highly probable that the
endangered San Bernardino Kangaroo Rat is resident in the immediate vicinity of both portions of
the proposed sports park development areas and that the San Bernardino Kangaroo Rat is likely to
inhabit those portions of the proposed sports park site; and
WHEREAS,to determine the scope of any impacts to the San Bernardino Kangaroo Rat that
could result from the proposed sports park,Consultant has determined it will be necessary to conduct
trapping to confirm the presence or absence,and the spatial extent,of any confirmed rat population
that may reside within the project impact areas; and
WHEREAS, Consultant has proposed that a trapping effort be conducted over a period of
five consecutive evenings along with the preparation of a technical report,for the amount of$6,000;
and
WHEREAS, Consultant has also proposed to prepare an impact analysis and a
conservation/mitigation strategy for the San Bernardino Kangaroo Rat for the amount of$7,500;
NOW,THEREFORE,in consideration of the mutual promises contained herein,the City of
Redlands and Michael Brandman and Associates hereby agree as follows:
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$13,500 for a total compensation of$85,990.00.
Section 2. Exhibit "H" of the Agreement which describes the extent of Consultant's
Services is hereby amended to include Tasks I and 2,which are attached hereto as Exhibits"A" and
"B," respectively.
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CITY OF REDLANDS ATTEST:
Mayor of the City of Redlands City Cjerk ,
MICHAEL BRANTDMAN AND ASSOCIATES
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EXHIBIT "A"
SCOPE OF WORK AND BL TDGET
The following scope of work :nd bucirets will provide a sufficient level or unform=aon and anah'sis to
complete t.e Biology section of the Sports Park EIR,and provide a framcwor' for a mitigac:on straegy thrr
can oe carried forward into the feder-i permit process,should that be necessary-
Task 1. Presence/Absence Surveys and Documentation of Results for the Federally
Endangered Sur Bernardino Merriam's Kangaroo Rat(I5o=njsrn--n rrrFx nUj
Permitted MBA biologists will perform U-S. Fish and Wildlife Service (USFWS) Protocol surveys, as
required, to determine presencelabse, of the federally endangered SBKR on the subject propert=
including number of individuals,and mapped locations(if applicable). "v'ill survey the entire area and
map suitable SBKR habitat.. Those lot=ion that.could support SBKR will be trapped All trapping efforts
will follow USFWS protocol and will be conducted by USM certified SBKR biologists. In accordance
with USFWS survey protocol,each trapping effort will be conducted for 5 consecttive evenings. Traps will
be checked and animals released.at Lim midright and dawn to n%fix a impacts.
As a requirement of the permit to trap for the SBKR, permitted biologists must notify the USFWS within
10 working days prior to tate amticipxed start clave of survey,work The survey should not be underrakca
until written approval from the Service has been obtained. This notification will include praise mapping of
the subject property clearly delincricd on a 7S-minzrte U.S.Gmlogical Survey wpogr phic rnap marked with
the project name, type of project by =cgory (urban development, rnitigation bank, or specify any other
descriptive category),and the estimated area acreage.
As a requirement of the USFWS permit ro survey for the SBKR,a report of findings must be submitted to
the USFWS with in 30 days of complexion of protocol surveys. As required,the report will include.-
• Site location plotted on USES 75-minute topographic quarh=gle ruap;
■ Qualitative description of site Habitat,including plain compositiorr,list of inverrebra es;
• Observed; and natation of reptsles, birds,--and mammals de'tec'ted, as well as airy signs of
disturbance;
• Site plant community reap;
• O asatcterirasion of land uses surrounding the site;
• Mapping of precise locations where any SBKR are detected;
Full account of numbers and behavior of any SBKR detected;and
• Completed field forrns utilized by the Nattual Diversity Data Base of the California Department of
Fish and Game.
5-Day Trapping Eff ort $4,000
Technical Report $2,000
TOTAL TRAPPING SURVEY COST. S6,C00
EXHIBIT "B"
Tisk Z. Prep=2 Conservation/Ntitigation Strategy
Foflov,w-- the survey effort, VI BA will provide the City 'a = impact ana:vsis and a
conserv=om/mitigmion mi=tg. Particular care will be given to regulatory constraints associated with
USFWS-designated SBKR Critical Habitat and appropriate level of mitigation.
MBA's approach will be to first evaluate the habitat value of the property proposed for development,
based on the results of Task 1. MBA will then visit the proposed mitigation site(s) and undertake a
complete habitat assessment to determine the potential of SBKR to Occupy the site. if it is determined
that the site(s) has (have) suitable habitat and is potentially occupied, a trapping effort may need to be
conducted to positively determine the presencelabsence and distribution of the species and the related
habitat value. It may also be possible,based on the suitability determination and the obvious presence of
a large amount of SBKR sign,to avoid a tapping effort and assume the site is completely Occupied. The
cost of a second trapping effan is not included in this proposal.
MBA will compare the habitat value of the, site to be developed versus the value of the mitigation site
and assist the City in determining the acreage that would be required to mitigate impacts to SBKR.
Remaining acreage of the proposed mitigation 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. A conservation/mitigation
strategy will be developed that is broad enough 10 provide a strong foundation for the conservation of the
species and land use planning efforts. Mitigation measures will be developed based on:
• Blabitat values;
• Distribution of SBKR;
• Anticipated level of impacts to SBKR:
• Anticipated agency concerns; and
• Potential future planning actions;
TOTAL CONSERVATIONWITICATION STRATEGY COST: S7,500