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HomeMy WebLinkAboutContracts & Agreements_17D-2023AGREEMENT 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 27th day of January, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Michael Baker International, Inc., a Pennsylvania Corporation ("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 1— 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 like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "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, and his designees, as City's representatives 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 4.1 Consultant shall perform and complete the Services in accordance with the project schedule. The Services shall commence on the Effective Date of this Agreement and be completed on or before June 30, 2024. 1Aemo\Agreements\Merimge Homes_ Environment Agmt_MBI FY22-0117.doe-la 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 of one hundred thirty-eight thousand seven hundred ten dollars ($138,710). City shall pay Consultant on a time and materials basis, up to the not to exceed amount, in accordance with Exhibit `B," titled "Project Costs," 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 or electronic mail transmission (including PDF), 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: CW Brian Desatnik, Director Development Service Department 35 Cajon Street, Ste. 20 P.O. Box 3005 (mailing) Redlands, CA 92373 bdesatnik@cityofredlands.org (909) 798-7555 Consultant: Tanya Bilezikjian, Vice President Michael Baker International, Inc. 3536 Concours, Suite 100 Ontario, CA 91764 tbilezilyiangmbakerintl.coin (909)974-4900 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 evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. lAcmolAgreementsWeritage Homes_ Environment Agmt_MBI FY22-0117.doe-la A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier 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" titled "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 acceptable to City in the minimum amount of One Million Dollars ($1,000,000) 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 -owned 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 add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned 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 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: 3 I:\cmo\Agreements\Meritage llomes_F.nvironment Agmt_MBI FY22-0117.doc-la A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) 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 Fair 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. 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 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. 4 1:\emo\Agreements\Meritage FIomes_Iinvironment Agmt_M61 FY22-0117.doc-la 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 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 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. I:\cmo\Agreements\Meritage Homes_ Environment Agent_MDI CY22-0117.doe-la IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS 6L'1' 7ly Charles M. Duggan, Jr., City Manager ATTEST: J a e Donaldson, City Clerk MICHAEL BAKER INTERNATIONAL, INC. 105k Tanya Bil ziW an, Vice President 6 [AcmolAgreementsWeritage Homes —Environment Agmt_iv[B! FY22-0117.doe-la EXHIBIT "A" SCOPE OF SERVICES INTRODUCTION PROJECT UNDERSTANDING The project site is located on Assessor's Parcel Numbers [APNs] 0167-06-101 and 0167-06-103, totaling 14.62-gross acres in size. The project site is currently vacant and disturbed with low- lying grasses and scattered bushes and trees throughout. The project site has a General Plan land use designation of Commercial/Industrial and is zoned Industrial (EV/SRP) by the East Valley Corridor Specific Plan. Surrounding uses include West Domestic Avenue and agricultural (grove) uses to the north, public institutional uses (Citrus Valley High School) to the east, Pioneer Avenue and vacant undeveloped uses to the south, and the Interstate 210 (I-210) to the west. As currently proposed, the project involves the development of 117 motor court homes distributed along two new central private driveways/fire lanes ("Street A" and "Street B"), a water quality basin, and seven open space areas totaling 3.18 acres. The project site would be accessed by Pioneer Avenue and Domestic Avenue. The project would also include an internal connection of Street A and Street B between the neighborhoods proposed at APN 0167-06-101 and APN 0167- 06-103. Individual lot sizes would range from 1,920 square feet to 3,339 square feet. An 8.5- foot-high sound wall is proposed along the project's western boundary with the I-210 freeway. Additional sound attenuation would be achieved via perimeter 6-foot-high block walls as well as 6-foot-high sound walls with landscaped buffers proposed along the project's southern boundary with Pioneer Avenue. Water and wastewater utilities would be serviced by Redlands Municipal Utilities and Engineering Department, while Southern California Gas Company would provide gas utilities and Southern California Edison would provide electricity to the project site. SCOPE OF WORK Consultant's approach to preparing the CEQA document for the proposed project is to first and foremost work collaboratively with the City of Redlands to prepare documentation that satisfies CEQA requirements, assists the City in the decision -making process, and follows an efficient and effective project delivery process. To accomplish these objectives, Consultant's approach is founded on the following principles: • Conduct a technically adequate, complete, and defensible environmental analysis. • Createa readerfriendly CEQA document that utilizesa combination of narrative, tables, and exhibitsto helpthe reader understand the environmental consequences of the project. • Establish and achieve a milestone/critical path project schedule. Based on Cans.dta#'spreliminary research, the project site (APN 0167-06-101 and APN 0167-06-103) has a General Plan land use of Commercial/Industrial and is zoned Industrial (EV/SRP) by the East Valley Corridor Specific Plan. According to the San Bernardino County Assessor, these parcels are 1:\cmo\Agreements\Meritage I3omes_Environment Agmt_MBI FY22-0117.dm-la not covered by a Williamson Act contract. Thus, the project is not expected to conflict with existing zoning for agricultural use or a Williamson Act contract. Although these parcels are identified as "Grazing Land" by the California Department of Conservation Important Farmland Finder, this type of designation is not considered Important Farmland under CEQA. As a result, the project is not anticipated to convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. It should be noted that in the event APN 0167-06-102 is developed as part of this proposal, the project would directly impact lands identified as "Prime Farmland" by the California Department of Conservation Important Farmland Finder and would have the potential to significantly impact agricultural resources in this regard. To address the City and Applicant's concerns related to agricultural resources and in the event APN 0167-06-102 is developed as part of this proposal, Consultant has proposed a unique environmental compliance approach that will streamline the project's schedule and represent a cost savings. As detailed in the Scope of Work below, in the event that only APN 0167-06-101 and APN 0167-06-103 are included as part of this project and impacts to agricultural resources can be avoided, Michael Baker will prepare an Initial Study/Mitigated Negative Declaration (IS/MND); refer to Option 1 below. In the event that APN 0167-06-102 is developed as part of this proposal and/or impacts to Prime Farmland cannot be avoided, Consultant proposes preparation of an Initial Study to "screen out" the environmental topic areas anticipated to be less than significant in order to focus the overall scope of a Focused EIR (included as Option 2 below). Completing an Initial Study will make it so that only environmental topical areas that could result in significant and unavoidable impacts (i.e., agricultural resources) are carried into a Focused EIR, in the event that impacts related to this topic area cannot be reduced to less than significant as part of the project's Initial Study. The conclusions of the IS/MMD or Initial Study and Focused EIR will be supported by the Applicant -prepared technical studies identified in the City's Request for Proposals dated March 8, 2022, and September 1, 2022, as well as Consultant -prepared technical studies related to: Air Quality, Health Risk Analysis, Energy, Greenhouse Gas, and Vehicle Miles Travelled (VMT). Task 1 Project initiation and Project Description Task 1.1 Project Initiation The work program will be initiated with a kick-off meeting with City representatives to discuss the project features in greater detail. This initial meeting is vital to the success of the CEQA process and will be a key milestone to confirm the parameters of the analysis, project construction program, buildout conditions, scheduling, and overall communications. Consultant will host the project Kick -Off Meeting over a video conferencing platform (i.e., Zoom or Microsoft Teams). Prior to the kick-off, Consultant will distribute an agenda and detailed memorandum, which will identify information needs. Upon completion of the kick-off meeting, Consultant will prepare Meeting Minutes that detail action items for Consultant and City staff and the Applicant. Deliverables: 8 I:\cmolAgreemenlslMeritage Homes_ Environment Agmt_MBI FY22-0117.doc-la • Kickoff Meeting Agenda and Meeting Minutes (PDF) Task 1.2 Literature/Record Research and Project Description Upon completion of the kickoff meeting, Consultant will obtain and review data for the analysis of project -relevant policies and documentation, as well as from local, state, and federal agencies, which may be affected by the project. This information, along with data and information available from the City of Redlands, will become part of the foundation for the environmental documents. Consultant will prepare a draft project description for review and comment by the City of Redlands. After receiving comments and making the appropriate changes, we will submit a revised version of the project description, which will be the basis for the project's environmental analysis and project technical studies. Deliverables: • Draft Project Description in Microsoft Word format • Revised Draft Project Description in Microsoft Word format Task 2 Technical Studies Based on our desktop review of the project site and surroundings, the project will require preparation of technical studies related to: Air Quality, Health Risk Analysis, Energy, Greenhouse Gas Emissions, and Vehicle Miles Travelled (VMT). This scope of work assumes that the Applicant - prepared Biological Habitat Assessment, Cultural Resources Assessment, Noise Analysis, and LESA Analysis will be provided to Consultant for peer review and to support the environmental compliance documentation. Task 2.1 Preliminary Technical Study Review Consultant will review the following Applicant -prepared technical studies to verify adequacy for use to support the IS/MND: • Biological Habitat Assessment • Cultural Resources Assessment • Noise Analysis • LESA Analysis • Phase 1 and Limited Phase 2 Environmental Site Assessments • VMT Analysis Memo • Trip Generation Memo • Preliminary Drainage Report • Geotechnical Study Consultant understands the City will review the Preliminary WQMP. The technical studies will be reviewed for soundness and sufficiency for the purposes of preparing related analysis in the IS/MND, with special consideration of the following: • Conclusions and recommendations should generally be well supported by facts, observation, 1Acmo\Agreements\Meritage Homes_ Environment Agmt_MBI FY22-0117.doe-la analysis or explanation, and reports should be internally consistent. • Facts including observations regarding site conditions will generally be accepted as accurate. • The analysis should address both the extent of the project (footprint) aswell as the planned activities associated with the project (construction and operation). The results of the review will be provided in a memorandum or letter to the City of Redlands and submitted in electronic format. A brief second review will be conducted to confirm comments have been addressed. This is assumed to be a minor check; additional, detailed review and coordination regarding technical reports is outside this scope of work. Deliverables: • Electronic copy of the Preliminary Technical Study Review Memorandum or Letter Task 2.2 Air Quality Assessment Existing Conditions/Regulatory Framework. The project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Federal, State, Regional, and Local air quality regulations will be discussed. The analysis will describe and address the requirements set forth by the SCAQMD CEQA Air Quality Handbook. Construction -Related Emissions. Based on data provided by the project applicant, emissions generated during construction activities will be quantified using the California Emissions Estimator Model version 2020.4.0 (CalEEMod). A general description of the major phases of construction and their timing will be required. The air pollutant emissions during construction will be compared to the SCAQMD's Regional Thresholds of Significance. Naturally occurring asbestos impacts will also be qualitatively discussed. Long -Term Emissions. Operational (i.e., area, mobile, and energy source) emissions will be quantified with CalEEMod and compared to the SCAQMD regional thresholds of significance. Emission 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 local/regional vehicle miles traveled. Project consistency with the 2016 Air Quality Management Plan (AQMP) will also be addressed. Localized Emissions. The project is located within the SCAQMD's Source Receptor Area (SRA) 35, East San Bernardino Valley. Based on localized meteorological data for SRA 35, Localized impacts will be analyzed based upon the SCAQMD's Localized Significance Thresholds (LST) methodology. Air Emissions Health Impacts. As a result of the California Supreme Court decision for Sierra Club vs. County of Fresno (Friant Ranch L.P), the resultant human hMth impacts from the project's short-term construction and long-term operational air emissions will be qualitatively analyzed. Deliverables: • Air Quality impact analysis sections of the lS/MNDorInitial Study, with modeling results included as an appendix. 10 I: 1cmoWgreementslMcritage Homes_ Environment Agmt_Nut FY22-0117.doc-la Task 2.3 Health Risk Analysis Per CARB's Air Quality and Land Use Handbook and SCAQMD guidance, an assessment of Toxic Air Contaminant (TAC) impacts (i.e., a Health Risk Assessment [HRA]) is warranted when siting sensitive receptors located within 500 feet of a freeway. Due to the project's proximity to the 1-210 freeway, an HRA is recommended. The impact analysis involves the development of an emissions inventory for diesel particulate matter (DPM) sources, dispersion modeling to determine concentrations at sensitive receptors, and determination of the chronic and acute health impacts along with the projected increase in cancer risk due to exposure to DPM. Potential mitigation measures to reduce the risk to a less than significant level could include the installation of maximum efficiency reporting value (MERV) filters. Deliverables: • Health Risl( Analysis impact analysis sections of the IS/MND or I nitia I Study, with modeling results included as an appendix. Task2.4 Energy Analysis Consultant will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix G and Appendix F of the CEQA Guidelines. These statutes and guidelines require a project to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix G of the CEQA Guidelines requires a consistency analysis with state or local plans for renewable energy or energy efficiency. The analysis will quantify energy consumption using CaIEEMod based on the project's land use data. The analysis will also qualitatively discuss the effects of the project on regional and local energy supply, demand, and resources, and the project's consistency with energy standards and requirements. Additionally, the assessment of environmental impacts on energy resources will include mitigation measures to reduce inefficient and unnecessary consumption of energy, if necessary. Deliverables: • Energy impact analysis sections of the IS/MND or Initial Study, with modeling results included as an appendix. Task 2.5 Greenhouse Gas Analysis Consultant 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). In addition, 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 water efficiency. The analysis will review project consistency with applicable plans for the purpose of reducing GHG emissions, such as the City of Redlands Climate Action Plan, California Air Resources Board 2017 Climate Change Scoping Plan, and Southern California Association of Governments 2020- 11 I: 1cmo\Agreements\Mcritagc Homes Environment Agmt_MM FY22-0117.doc-la 2045 Regional Transportation Plan/Sustainable Communities Strategy (2020-2045 RTP/SCS). Mitigation measures will be identified and incorporated, as necessary, to reduce potentially significant GHG impacts of the proposed project. Deliverables: • GHG impact analysis sections of the IS/MND or Initial Study, with modeling results included as an appendix. Task 2.6 VMT Analysis Consultant will prepare a VMT assessment for the project in accordance with the City of Redlands CEQA Assessment VMT Analysis Guidelines. The VMT screening criteria will be reviewed to determine if the 117-unit dwelling unit project is screened out from needing to prepare a detailed VMT analysis. Based on our initial review, the project will meet the VMT screening criteria and therefore a detailed VMT analysis will not be required. This assumption is based on the Project Type Screening criteria where a project of its size of 167 dwelling units or fewer can be presumed to have a less than significant impact. It is assumed that since a General Plan Amendment will be required, the project will achieve consistency with the General Plan to proceed. A memorandum will be prepared to document the screening process and analysis findings. Travel demand modeling and identification of mitigation measures is not anticipated based on the initial screening results. Deliverables: • Draft VMT Tech nica I Memorandum in PDF Format • Fina I VMTTechnica I Memorandum in PDF Format Task 2.7 (Optional) Traffic Operations Analysis Report The San Bernardino County Transportation Impact Study Guidelines (July 2019) state that a LOS analysis is needed if more than 100 peak hour trips are estimated. The City's initial Request for Proposals proposed development of 74 homes, which would generate less than 100 peals hour trips. The revised site plan includes 167 homes, which would generate more than 100 peak hour trips. As such, an optional task for a Traffic Operations Analysis Report is included below. Traffic Study ScopingAgreement. Prior to initiating the technical analysis, Consultantwill coordinate the scope of the transportation analysis with City staff responsible for reviewing the study. Consultant will prepare a brief memorandum to City staff discussing specific details of the study including: • Trip generation estimates for the daily, AM and PM peak hour analysis periods; • Appropriate distribution of project -related trips; • Site access/on-site traffic circulation issues to be addressed; • Confirm project study area (study intersections); and • Confirm study conditions to be analyzed. Data Collection. Consultant will collect existing traffic count volumes at the identified study intersections on a typical weekday. Intersection traffic count data will be collected during 7:00 to 9:00 AM in the morning peak period and 4:00 to 6:00 PM in the afternoon peak period during a 12 McmolAgreementsWeritage Homes_ Environment Agmt_MBI FY22-0117.doc-la non -holiday week. The count data will be collected while local schools are in session. The analysis will utilize the highest hour within each two-hour period counted (AM and PM Peals Hours). It is anticipated that twenty-four hour classified traffic counts will not be required. Consultant may utilize a contractor to perform the task of data collection. It is estimated that the primary study area will include up to five (5) off -site study intersections and one site driveway. The precise study intersection locations will be confirmed with City staff prior to the initiation of the study. The study will document existing conditions including intersection control, traffic signal phasing, roadway cross-section, speed limits, parking restrictions, intersection approach lanes, etc. The traffic analysis will include graphics documenting the existing intersection roadway geometry, and the analysis will utilize existing geometric conditions to establish a baseline for current operations. Tra fe Forecast. The analysis forthe proposed project will forecast traffic volumes for the following scenariospertheCity's Measure U requirements: • Existing Conditions • Existing Conditions Plus Project The analysis will study typical weekday (Tuesday, Wednesday, or Thursday) conditions for the above scenarios when the proposed project and surrounding roadway circulation system are forecast to experience peals traffic conditions in the AM Peals Hour and the PM Peak Hour. Traffic forecasts will be developed for the traffic data collection locations. Consultant will derive forecast project trip generation based on the proposed residential units using trip generation rates contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual, IIth Edition. Trip distribution assumptions will be discussed with the County prior to analysis and completion of the study. Intersection Operations Analysis. The analysis will assess the intersection level of service conditions at a maximum of six (6) intersections which include one site access driveway. Michael Baker will prepare traffic operations analysis to assess conditions at the study intersections consistent with Highway Capacity Manual standards. If the analysis indicates the proposed project will significantly affect a study intersection based on applicable agency LOS thresholds (Measure U), improvements will be recommended to improve the LOS to an acceptable level. The analysis will document forecast operating conditions after implementation of recommended improvements, ifnecessary. Circulation Improvements and Funding Sources. Michael Baker will recommend feasible circulation improvements to study intersections that do not meet the City's operational standards. In addition, Consultant will research and identify funding sources from the SBCTA Measure UU and Nexus Study Program. Reporting and Documentation. The methodologies and results of the traffic analysis shall be documented and summarized in a written traffic impact analysis report. The traffic study will include the appropriate maps, exhibits, and tables required for comprehensive documentation. Response To Comments / Revised Report Submittals. This scope of work includes a total of two submittals of the report to the City of Redlands. Once the initial draft has been reviewed by City staff, the final report will be completed and submitted integrating comments provided by City 13 I:\emo\Agreements\Meritage Homes_ Environment Agmt_MBI FY22-0117.doe-la staff on the first review. If more than two submittals of the traffic study are required, an addendum to this scope of work will be prepared and the associated tasks will be billed on a time and materials basis. The anticipated submittal process for initial draft submittal and submittal of the revised report will include one (1) digital copy submitted to City for review and comment. Deliverables: • Draft Traffic Operations Report inPDFFormat • Final Traffic Operations Report inPDFFormat OPT/ON 1: INITIAL STUDY/MITIGATED NEGA TI VE DECLA RA TION In the event that only APN 0167-06-101 and APN 0167-06-103 are included as part of this project and significant unavoidable impacts to agricultural resources can be avoided, Consultant will begin preparation of an Initial Study/Mitigated Negative Declaration (IS/MND) as detailed in Task 3.0 below. Task 3.0 Initial Study/Mitigated Neffative Declaration Task 3.1 Administrative Draft IS/MND Using the City's latest CEQA Initial Study Checklist format, Consultant will prepare an Administrative Draft ISAWD for review by City staff. The IS 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 include a conclusion regarding 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. In accordance with Appendix G of the CEQA Guidelines, this section will include a detailed review of the following issues: • Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology/Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology/Water Quality 14 1Acmo\Agreements\Merimge Homes_ Environment Agmt_MDI PY22-0117.doc-la • Land Use/Planning • Mineral Resources • Noise • Population/Housing • Public Services • Recreation • Transportation • Tribal Cultural Resources' • Utilities/Service Systems • Wildfire Consultant will submit the Administrative Draft IS/MND to the City for review and comment. In the event that the Administrative Draft IS/MND results in a finding that the project will result in a significant impact that cannot be mitigated, Michael Baker will work with the City to develop the appropriate CEQA approach. Deliverables: • Draft Initial Study in Microsoft Word and PDF Format 1 With respect to tribal cultural resources, Consultant assumes that the City will conduct the noticing and consultation as required by Assembly Bill 52 (AB 52) and will provide the timelines, consultation outcomes, and any resulting mitigation measures to Consultant for incorporation into the IS/MND. Task 5 Notice Of Preparation and Public Scoping Meeting Task 5.1 Notice of Preparation To initiate the EIR preparation process, Consultant will prepare a Notice of Preparation (NOP) that identifies the potentially significant effects of the project that will require further analysis in the EIR. The list of potentially significant impacts, as well as impacts where there is anticipated to be little to no impact, will be determined by the findings in the Initial Study. An electronic version of the draft NOP will be submitted to the City of Redlands for review and comment. Consultant will incorporate comments and revisions into the NOP prior to distribution. The distribution process will include the following steps: • Consultant wi I I distribute the NOP and I nitia I Study to agencies via Fed Ex and residents that have requested notices via first-class mail. Up to 50 notices will be distributed. • Consultant will provide a version of the NOP suitablefor newspaper publishingto the City of Redlands. The City of Redlands will be responsible for publishing the notice with the newspaper. • Consultant will submit the NOP and Initial Study to the State Clearinghouse with a Notice of Completion form. Deliverables: • Draft Notice of Preparation in PDF Format • Draft Notice of Completion in PDF Format • Final Notice of Preparation (Up to 50 hard copies) Optional Task 5.2 Public Scoping Meeting If requested by the City, Consultantwill assist the City of Redlands in conducting a Scoping meeting during the 30-day NOP public review period. Consultant will facilitate the public meeting, including intake of public comments on the project. We will provide a draft and final presentation, as well as comment sheets, sign -in sheets, and speaker cards. Consultant will summarize the comments received during the meeting for agency consideration and documentation in the EIR. 15 I cmoUgreementsWeritage Homes_ Environment Agmt_MBI FY22-0117.doc-la Deliverables: • Draft Presentation in Microsoft PowerPoint Format • Final Presentation in Microsoft PowerPoint Format • Meeting Materials (Sign -in Sheet and Comment Cards) • Meeting Minutes in PDF Format Task 6 Focused Environmental Impact Report Preparation Task 6.1 Prepare Administrative Draft EIR Consultant will prepare an Administrative Draft Focused EIR for review by the City of Redlands. The EIR will include all the components required by CEQA, including a summary, a project description, a description of the environmental setting, a discussion of both project -specific and cumulative environmental impacts (by topic), mitigation measures, and an alternatives analysis in which up to three alternatives (including the No Project Alternative) will be considered. The EIR will be prepared in accordance with CEQA, the most recent Guidelines for the Implementation of CEQA, applicable CEQA case law, and City guidelines. Our approach is to prepare a reader friendly EIR that clearly explains why impacts are deemed less than significant, less than significant with mitigation, or significant and unavoidable. To accomplish this, we will use a combination of narrative, figures, photographs, maps, tables, and other visual aids. The major chapters and areas of concern to be addressed in the EIR are outlined below: Executive Summary: The executive summary will include a summary description of the proposed project and project alternatives as well as atable showing the complete text of mitigation measures identified in the EIR. Areas of controversy and issues to be resolved will also be discussed as part of this section. Introduction: The introduction will identify the type and purpose of the EIR, the scope of the EIR, effects found not to be significant, and the definition of baseline and significance criteria. Project background and history will be discussed, and terms used throughout the analysis will be defined. An overview of the project and the CEQA process will also be included. Proiect Description: This project description will be consistent with the requirements of CEQA Guidelines Section 15124. The chapter will consist of a detailed description of the proposed project, including construction and operational activities. The project description will clearly describe the location of the project, study area characteristics (e.g., surrounding land uses), project objectives, and project characteristics. Intended uses of the EIR will be included, as well as a list of required permits and approvals. Other agencies using the EIR and consultation requirements will be identified. Figures including the project's regional location and a site plan depicting proposed uses will be prepared. Cumulative Proiects To Be Considered: In accordance with Section 15130 of the CEQA Guidelines, the EIR will include a section providing a detailed listing of cumulative projects and actions under consideration for the analysis. The likelihood of occurrence and level of severity will be studied. The purpose of the section is to present a listing and description of projects, past, present, and 16 IAcmo\AgreememsWmimge Homes _Lnvironment Agmt_MBI FY22-Ol 17.doe-la anticipated in the reasonably foreseeable future. The potential for impact and levels of significance are contingent upon the radius or area of interaction with the project area. Consultant will consult with the City of Redlands and other applicable local jurisdictions to define the appropriate study area for the cumulative analysis. The cumulative analysis will be incorporated throughout the analyses in Environmental Analysis, below. EnvironmentalAnal semis: Consiillantwill evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised during the seeping process (NOP responses and any other relevant and valid informative sources) will also be evaluated, as needed. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. As stated, the EIR will focus its analysis in this section on the project's potential agricultural resources impacts. Agricultural Resources EIR Section: Consultant will evaluate the project's potential to result in potentially significant impacts in regard to the following CEQA significance thresholds: • Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use; • Conflict with existing zoning for agricultural use, or a Williamson Actcontract; • Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)); and • Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non - forest use. The Agricultural Resources section will include a description of the baseline environmental setting as well as applicable local, State, and federal laws, regulations and policies related to agricultural resources. The section will identify direct, indirect, and cumulative agricultural impacts associated with project implementation and will be formatted so that the impact statements and corresponding mitigation measures will stand out from the text for clarity and ease of reference. Findings will be made as to the level of significance of each impact after mitigation. Effects Determined Not to Be Significant: To satisfy CEQA requirements (CEQA Guidelines Section 15128), the EIR will briefly discuss these topics in a section titled Effects Determined Not to Be Significant, largely based on the content in the Initial Study. Alternatives: Consultant will prepare a separate chapter in which we will discuss alternatives and identify alternatives considered and eliminated from further consideration, as well as alternatives selected for more detailed analysis. Pursuant to CEQA Guidelines Section 15126.6, we will prepare an analysis of a "reasonable range" of alternatives. Consultant will coordinate with the City of Redlands, as appropriate, in the development of feasible alternatives to the proposed project, in addition to the CEQA-required No Project Alternative. 17 Mcmo\AgreementsWeritage Homes_ Environment Agmt_MBI FY22-0117.doc-la The analysis will focus on alternatives that avoid or minimize environmental effects as compared to the proposed project while achieving the project's primary objectives. Therefore, the objectives contained in the project description must be crafted with care in consultation with the City of Redlands. Other CEOA Requirements: The EIR will include the other required chapters, including growth - inducing impacts of the project, and a summary of the project's significant and unavoidable impacts. Report Preparers and Re erences: This chapter will identify the authors of the report, including the City of Redlands, technical report authors, and the Consultant's team. It will also include references to all persons, agencies, and resource documents and correspondence used in preparation of the EIR. Appendices: The appendices will include a copy of the Initial Study, NOP, and comments on the NOP. All technical reports will also be included as appendices to the EIR. Michael Balser will submit Microsoft Word files of the Administrative Draft EIR to the City of Redlands for review and comment. Consultant assumes that the City of Redlands will provide one compiled set of comments on the Administrative Draft EIR. Deliverables: • Administrative Draft EIR in Microsoft Word and PDF Format • Three (3) Printed Copies of the Administrative Draft EIR Task 6.2 Prepare Draft EIR Once Michael Baker has received comments from the City of Redlands on the Administrative Draft EIR, Michael Balser will note substantive comments for discussion. The project manager will then meet with the City of Redlands to discuss any substantive comments on the administrative draft. Consullantwill then revise the document in track changes for review by the City. After the City has approved the changes, Consultant will complete final formatting of the EIR and submit a proofcheck draft of the EIR for approval to release for public review. Once approved, Consultant will submit up to three printed copies of the Draft EIR to the City, with technical appendices to be provided electronically on CD or USB drive. In addition, Consultant will provide the Draft EIR to the City electronically, in both printable and web -friendly formats. Deliverables: • Draft EIR in Microsoft Word and PDF Format Task 6.3 Circulation of the Draft EIR and Public Notification Once the proofcheck Draft EIR is completed, C nsulturtwill circulate the document for public review. This task includes submitting a Notice of Completion (NOC) and 15 electronic copies of the Draft EIR to the CEQANet online submission website. Consultant will also prepare a Notice of Availability (NOA) of the Draft EIR and file the NOA with the County Clerk. In addition, Consultant will distribute the NOA and EIR to the City -approved distribution list. Consultant assumes a maximum of 50 copies of the NOA will be distributed, and that the City will complete 18 I:\emo\Agreements\Meritage Homes_ Environment Agmt_MBI FY22-0117.doe-la any required radius mailing for the NOA. Deliverables: • Draft EIR in PDF Format • Up to three (3) Printed Copies of the Draft EIR with Appendices on CD/USB Drive • Notice of Completion in PDF Format • Up to 50 printed copies of the Notice of Availability Task 7 Final Enwronmentallmpact Report Preparation At the end of the public review period, Consultant will prepare a Final EIR, which will include a summary of the revisions to the draft EIR, responses to comments, and the Mitigation Monitoring and Reporting Program. Task 7.1 Response to Comments Following completion of the public review period on the draft EIR, Consultant will prepare responses to all environmental -based comments received on the draft EIR. An administrative draft version of the response to comments will be submitted to the City of Redlands for review. As with the Administrative Draft EIR, Consultant's project manager may attend a meeting with the City of Redlands to discuss substantive comments on the administrative version of the response to comments. Since it is infeasible to estimate the number of comments on the Draft EIR, Consultant has preliminarily estimated 30 hours of staff time for the response to comments. Deliverables: • Draft Response to Comments in Microsoft Word Format Task 7.2 Errata Any changes to the text of the EIR will be summarized in an errata section of the Final EIR. Consultantwill identify the revisions to the Draft EIR in a strikeout/underline format. Deliverables: • Draft Errata in Microsoft Word Format Task 7.3 Mitigation Monitoring and Reporting Program (MMRP) Consultant will prepare an MMRP for the project pursuant to Section 15097 of the CEQA Guidelines. Consultant will submit an administrative version of the MMRP to the City of Redlands for review and comment. We will make all appropriate revisions and submit a draft iteration of the MMRP to the City of Redlands for final approval. Upon City approval, Consultant will incorporate the MMRP into the final EIR. Deliverables: • Draft Mitigation Monitoring and Reporting Program in Microsoft Word format • Final Mitigation Monitoring and Reporting Program in Microsoft Word Format 19 1Acmo\Agreements\Meritage Homes_ Environment Agmt_MBI FY22-0117.doc-la Task 7.4 Final EIR An administrative draft of the Final EIR will be submitted to the City of Redlands for review. Consultant will make all appropriate revisions and submit a screen check iteration of the response to comments to the City of Redlands for final approval. Upon the City of Redlands approval, Consuhalrtwill distribute the responses to comments to all commenting agencies and will incorporate the responses into the Final FIR. Consultant will provide an electronic submittal of the administrative draft Final EIR, including response to comments and errata changes to the Draft EIR. Deliverables: • Compiled Final FIR Document in PDF Format • Three (3) Printed Copies of the Final FIR with Appendices on CD/USB Drive Optional Task 7.5 Findings and Statement of Overriding Considerations If desired by the City of Redlands, Consultant is available to prepare findings in accordance with CEQA Guidelines Section 15091 for each effect identified in the EIR. Project alternatives will also be discussed. A Statement of Overriding Considerations will be prepared, if necessary, describing the City's rationale for approving the project in light of any unavoidable significant impacts. Deliverables: • Draft Findings and Statement of Overriding Considerations in Microsoft Word Format • Final Findings and Statement of Overriding Considerations in Microsoft Word Format Task 8 Project Management, Meetings, And Hearings Task 8.1 Project Management Consultant's assigned project manager will work closely with the City of Redlands. This approach optimizes communication between the involved parties. Management activities include coordinating with the project team, ensuring the proposed timeline is met, monitoring the project budget and progress, and providing quality control review of all completed work products. Consultant has allocated 28 hours of project management time for this effort. Task 8.2 Public Hearings Consultant's project manager and team will be available for project hearing support on an as - needed time and materials basis. For the purpose of this scope, it is assumed that the project manager or a team member can attend up to two public hearings (Excluding the EIR Scoping Meeting) for the project to answer questions regarding the project CEQA analysis. Task 8.3 Coordination Meetings Consultant's project manager will develop a regular meeting schedule with the City of Redlands to coordinate on project status and action items throughout the project. It is assumed that these check -in meetings will be conducted via conference call or our WebEx software, which allows us to share our computer screen with participants to collaboratively review documents. It is expected 20 19emoUgreementsNeritage Homes _rsnvironment Agmt_MBI FY22-0117.doe-la that these meetings will occur monthly, with more frequent calls necessary during project ramp -up and critical review and comment cycles. Consulbnt assumes coordination meetings would be conducted on a time and materials basis. As a preliminary estimate, an initial estimate of 22 hours of meeting time has been included. Deliverables: • Meeting Agenda in PDF Format • Meeting Minutes in PDF Format Task 8.4 Notice of Determination Consultant will prepare a Notice of Determination in accordance with Section 15094 of the State CEQA Guidelines for the City of Redlands to file with the County Clerk. We recommend that the Applicant file the Notice of Determination within 5 days of adopting the EIR to establish a 30-day statute of limitations. The Applicant would provide the applicable California Department of Fish and Wildlife and County filing fee. Deliverables: • Notice of Determination in PDF Format • Print copy of Final Notice of Determination SCHEDULE A date -specific schedule will be provided at the project Kick -Off Meeting. This schedule assumes on -going coordination with the City/Project Team through the duration of the project and that all project data will be available prior to the Project Kick -Off Meeting. Consultant can expedite this schedule as needed, if required to meet public hearing timelines or other project requirements. INITIAL STUDY AND FOCUSED FIR Kickoff Meeting and Site Visit 1 Week 1 Project Description 2 Week 1 to Week 2 Prepare Technical Studies Weeks 2 to Week 8 repare Draft IS 7 Week 2 to Week 9 itylApplicant Review of Draft IS Week 10 to Week 11 Prepare Notice of Preparation (NOP) Week 10 to Week 11 City Review of NOP Week 11 to Week 12 Distribute NOP/Review Period Week 12 to Week 17 Prepare Administrative Draft El R Week 12 to Week 20 City/Applicant Review of Administrative Draft EIR 2 Week 20 to Week 22 Draft EIR Week 23 to Week 25 City/Applicant Review of Draft EIR 2 Week 26 to Week 27 Circulation of the Draft EIR and Public Notification Nook 28 to Week 30 Draft EIR Public Review Period 5 days Nook 30 to Week 37 Responses to Comments, MMRP and Errata Nook 37 to Week 39 City/Applicant Review of Response to Comments, V13 and Errata 2 eek 40 to Week 42 Final EIR 2 Week 43 to Week 44 21 1Acmo\Agreements\Merimge Homes_ Environment Agmt_MBI FY22-0117.doc-la "IONe @RTIFICATIO,N;PRQ_CESS ,!;-, , 54 �s the City of Redlands, there is potential to expedite the project schedule. This schedule assumes two weeks of Applicant/City review for each deliverable. 22 1:\cmo\Agreements\Mmitage Homes_ Environment Agmt_MBI FY22-0117.doe-la EXHIBIT "B" 1 uolll1_=C0 tolol-ill &I FEE INITIAL STUDY AND FOCUSED EIR 23 1,\cmo\AgrccmentsWcritage Ilomes_Environment Agmt_MBI FY22-0117.doc-la EXHIBIT "C" 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 I 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. Michael Baker International, Inc. ra,�. Bye By: Tanya Bilezikjian, Vice President 24 1Acmo%Ai;=ments%Meri1age Homes Environment Agmt_MBI FY22.0117.doc-la Date: 04 / 12 / 2023 Doc ID: b6aeale0456l5c8352e677lc3597e7e2b0ec4fb8