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HomeMy WebLinkAboutContracts & Agreements_257-2023AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of professional ,planning consulting services to prepare the Housing Element Rezone Environmental Impact Report ("Agreement") is made and entered in this 19th day of December, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Environment Planning Development Solutions, Inc., a California corporation. ("Consultant"). City and Consultant 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: 1.1 ARTICLE 1— ENGAGEMENT OF CONSULTANT City hereby engages Consultant to provide professional planning consulting services to prepare the Housing Element Rezone Environmental Impact Report 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," which is attached hereto and incorporated herein by this 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, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City designates Brian Desatnik, City's Development Services Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret, and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is attached hereto and incorporated herein by reference. 4.2 Consultant shall complete the Services by June 30, 2025, unless the Services are terminated earlier as provided for herein. 1 I:\cmo\Agreements\Envi romnental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to 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 Compensation: Total compensation for Consultant's performance of the Services shall not exceed the amount of three hundred twenty-two thousand four hundred fifty-five dollars ($322,455). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled "Compensation" which is attached hereto and incorporated herein by reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to 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 registered 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: CITY: Brian Desatnik Development Services Director City of Redlands 35 Cajon Street, Suite 20 P.O. Box 3005 (mailing) Redlands, CA 92373 bdesatnik@cityofredlands.org Phone: (909) 798-7555 2 CONSULTANT: Jeremy Krout President/CEO Environment Planning Development Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 jeremy@epdsolutions.com Phone: (949) 794-1181 I:\cmo\Agreements\Enviromnental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms 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. 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 "D," 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. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. D. 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. E. 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 and appointed 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 3 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324,docx-ms 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: 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. 4 I;\cmo\Agreements \Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms 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, result 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 any 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. 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, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and 5 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324,docx-ms litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, 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. IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS ENVIRONMENTAL PLANNING By: Eddie Tejeda, Mayor ATTEST: e Donaldson, City Clerk 6 DEVELOPMENT SOLUTIONS, INC. By: Jer '' y Krout, 'r-sident/CEO I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms EXHIBIT "A" SCOPE OF SERVICES A supplemental program -level EIR will be prepared to tier from the 2035 General Plan EIR. CEQA dictates when a supplemental or when a subsequent EIR is required for changes to a project that was previously analyzed under CEQA. Once a project has been approved based on a CEQA analysis contained in an EIR, or even in a negative declaration and the EIR or negative declaration is no longer subject to challenge. CEQA Section 21166 provides that "no subsequent or supplemental environmental impact report shall be required by the lead agency or any responsible agency" unless one of three circumstances apply: 1) substantial changes to the approved project will require major revisions to the certified EIR 2) substantial changes occur with respect to the circumstances under which the approved project is being undertaken will require major revisions to the certified EIR, or 3) new information, that was not known and could not have been known at the time the EIR for the approved project was certified becomes available. For the City or Redlands, an in-depth review has already occurred in 2017 and the time for challenging the sufficiency of the 2035 General Plan Update Certified EIR has expired (CEQA § 21167, subd. (c)). As discussed with the City, a program -level Supplemental EIR will be prepared for the proposed project. The Supplemental EIR will tier off the General Plan EIR and will focus on certain impact areas that require more detailed analysis. The Supplemental EIR will be structured to take full advantage of CEQA's tiering and streamlining provision and provide for expedited and limited, if any CEQA analysis for future conforming projects. SCOPE OF WORK The following tasks are proposed to complete the environmental documentation for the RHNA Rezone project. In the sections that follow, more details are provided regarding how each task will be accomplished, which team members will be responsible for each task, and the work products that will be produced. • Task 1. Project Initiation, Background Research, and Initiate Technical Studies • Task 2. Preparation of CEQA Project Description • Task 3. Technical Studies • Task 4. Initial Study, Notice of Preparation, and Scoping Meeting • Task 5. Administrative Draft EIR • Task 6. Public Review Draft EIR, Notice of Availability, and Notice of Completion • Task 7. Final EIR, Mitigation Monitoring & Reporting Program, Response to Comments, Statement of Overriding Considerations, and Notice of Determination • Task 8. Project Management and Meetings • Task 9. Hearings The following scope of services details the process that EPD proposes to use to efficiently produce a reliable, quality, and defensible EIR for the City of Redlands. This scope of work considers and relies upon the 2035 General Plan EIR and technical studies, where appropriate. 7 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms TASK 1. PROJECT INITIATION, BACKGROUND RESEARCH, INITIATE CEQA TECHNICAL STUDIES 1.1 Project Initiation Meeting As a first step in project implementation, EPD will schedule a kick-off meeting with City staff within two weeks of Notice to Proceed. EPD representatives (Konnie Dobreva, Meaghan Truman, Meghan Macias), Fuscoe Engineering, and Urban Crossroads will attend the meeting, along with City staff and Best Best & Krieger staff. EPD will coordinate with City staff and the consultant team to complete the following tasks, some of which have been initiated in order to prepare this scope of work: 1. Clarify roles and responsibilities, establish communication protocols, and confirm project objectives; 2. Obtain any available background information on the project, Redlands Housing Element, existing relevant technical studies, and any other pertinent information; 3. Discuss parameters of project alternatives, as required for the EIR analysis; 4. Confirm the adequacy of projects used for cumulative analysis; 5. Discuss the adequacy of existing technical studies and the general scope of technical studies required of the EPD team; and 6. Refine the EIR preparation schedule as needed. 1.2 Background Research With the input received during the project initiation meeting in mind, EPD will conduct a more refined review of the certified 2035 General Plan EIR and its supporting technical studies to refine the scope of work for the CEQA approach and to identity additional data needs. EPD will also update the project schedule and any other assumptions made herein and submit it to City staff for approval. EPD will perform a detailed review of the existing conditions analysis, documentation from community outreach, land use planning efforts, and available analysis for the Redlands Housing Element to gain a solid understanding of the work accomplished to date. 1.3 Initiate Technical Studies Furthermore, once the geographic area of the RHNA rezone sites is finalized, any technical studies that can be kicked off, such as the noise measurements, water supply assessment, and Cultural and Paleontological Resources Report outlined in Task 3, will be initiated. Deliverables: ■ Kick-off meeting notes with updates to project assumptions, needs and recommendations, if needed, in a memorandum form. ■ Background research. ■ Refined project schedule. 8 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms • Identification of additional data requirements. • Bi-weekly conference calls with City's project team. TASK 2. PREPARATION OF CEQA PROJECT DESCRIPTION The next critical step in the EIR and technical study preparation process is the finalization of the CEQA project description. Successful CEQA compliance requires a clear definition of the project and its components. The project description will be revised to ensure it is complete, comprehensive, and finite in order to analyze the impacts accurately and fully. As appropriate, the EPD team will confer with City staff to discuss the potential environmental impacts of the proposed project. This process will be aided, simplified, and enhanced by the EPD team's already - extensive knowledge of Housing Elements and how environmental conditions can impact a project area. and how CEQA can be streamlined in the future. EPD will submit a draft of the revised Project Description to the City for confirmation that the scope of analysis for the EIR is accurate and complete. Revisions will be made as directed by the City. Deliverable: • CEQA Project Description • Participation at biweekly conference calls with City staff, including meeting preparation and follow-up. TASK 3. TECHNICAL, STUDIES As part of this proposal, the EPD team intends to prepare the technical studies listed below. Based on an initial review of the existing 2035 General Plan EIR and technical studies and conversations with City Staff, although programmatic, the technical studies need to be at a sufficient level of detail in order to allow future development projects to tier off the Program EIR's analysis. This scope of work includes the following technical studies: • Vehicle Miles Traveled Analysis (EPD Solutions) • Roadway Volume Forecasting (EPD Solutions) • Air Quality Impact Analysis & Greenhouse Gas Analysis (Urban Crossroads) • Roadway Noise Impact Analysis (Urban Crossroads) • Energy Analysis (Urban Crossroads) • Land Evaluation & Site Assessment (EPD Solutions) • Water Supply Assessment- OPTIONAL (Fuscoe Engineering) • Sewer Assessment- OPTIONAL (Fuscoe Engineering) • Water Assessment- OPTIONAL (Fuscoe Engineering) A summary of the scope for proposed studies is provided, as follows: 9 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324,docx-ms 3.1 Vehicle Miles Traveled Analysis EPD understands that the project would change the zoning on 24 parcels throughout the City to allow for various housing types. The change to residential land use on these parcels would affect the vehicle miles traveled (VMT) for each individual parcel as well as for the City as a whole. EPD proposes to use the San Bernardino Transportation Analysis Model (SBTAM) to evaluate the proposed rezone according to the following scope of work: 1. Vehicle Miles Traveled (VMT) Analysis SBTAM Model Runs EPD will evaluate modify the socioeconomic data for each affected traffic analysis zone (TAZ) to remove the existing land use in the model and replace the land use with the proposed residential intensity. EPD will also evaluate the SBTAM routes to determine whether they are an accurate depiction of access to each affected zone and will modify as necessary to realistically model the proposed conditions. Two full SBTAM model runs will be prepared to evaluate the project in the 2016 base year and 2040 cumulative year. The following model runs will be required to evaluate the project and the specific plan: • 2016 with Proposed Project • 2040 with Proposed Project EPD has the output data for the 2016 and 2040 base model runs and therefore would not need to run the baseline scenarios. Existing (2022), VMT data will be extrapolated from the 2016 and 2040 model runs. 2. Project VMT Analysis The model output files will be post -processed to calculate the VMT per service population (VMT/SP) for the following scenarios: • 2016 VMT/SP without Project • 2016 VMT/SP with Proposed Project • 2040 VMT/SP without Project • 2040 VMT/SP with Proposed Project The VMT/SP will be reported for each TAZ that contains a rezoned parcel. In addition, the Citywide VMT/SP will be reported for the without and with project conditions to identify the change in Citywide VMT/SP from project implementation. The project would result in a significant impact if the VMT/SP for any zone or for the City as a whole exceeds 15% below the existing VMT/SP for the County of San Bernardino. The project's effect on VMT will also be evaluated using the link -level boundary VMT/SP within the City of Redlands. The project would have a significant impact if the link -level boundary VMT/SP within the City increases under the plus project condition compared to the no project condition. 10 I:\cmo\Agreements\Enviromnental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms 3. VMT Mitigation EPD will evaluate individual parcels which exceed the 15% below the existing VMT/SP for the County to identify potential VMT mitigation. The City's VMT guidelines include screening thresholds to identify projects that would have a less than significant impact on VMT. The thresholds include the following small project screening thresholds: Single Family Residential projects of 167 DU or less Multifamily residential (low-rise) of 232 DU or less Multifamily residential (mid -rise) of 299 DU or less Individual projects that are implemented under the proposed rezone that meet the above screening criteria would be considered to have a less than significant impact on VMT, even if the project zone is considered a high-VMT zone. Mitigation measures applicable to residential projects will be identified for future projects in high-VMT zones that do not meet the above screening criteria. 4. Documentation of Analysis and Findings EPD will prepare a written report that documents all modifications to the SBTAM model, model output, any identified VMT impacts and proposed screening or mitigation measures. The report will include VMT maps showing low VMT areas for 2016 and 2040 conditions with the proposed rezone. EPD staff will attend two meetings to discuss the findings of the VMT analysis and will prepare one revision to the VMT analysis documentation in response to City comments. 3.2 Roadway Volume Forecasting EPD Solutions will forecast future roadway volumes surrounding the RHNA rezone sites in support of the Roadway Noise Impact Analysis. EPD will forecast future traffic growth associated with the RHNA rezone using the SBTAM output from the VMT Analysis, included in Task 3.2, and apply it to existing 2015 counts. 3.3 Air Quality Impact Analysis & Greenhouse Gas Analysis Urban Crossroads will perform the Air Quality Impact and Greenhouse Gas Analysis for the project. Modeling outputs will be provided and incorporated into the appropriate EIR sections. Air Quality Impact Analysis • Evaluate the existing conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance. • Qualitatively evaluate construction -related emissions and associated impacts. • Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic study. In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered. • A screening -level carbon monoxide (CO) Hotspot analysis of future conditions at key intersections located in the project study area will be prepared. It is anticipated that a 11 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms qualitative discussion on CO Hotspot potential and rationale as to why more detailed modeling of CO Hotspot analysis is not required. ■ Provide qualitative discussion on the applicability of localized emissions thresholds. • Evaluate potential odor impacts resulting from the proposed project. Identify applicable mitigation measures and regulatory requirements that the project must comply with to minimize odors. For purposes of this evaluation a qualitative assessment of odors and odor controls is expected. • Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for short- term construction and long-term operational activity. A "list" approach per CEQA will be utilized when discussing cumulative impacts using the list of cumulative projects identified in the traffic report. Since the basin is in non -attainment the determination of significance will likely be based on whether or not the Project results in a substantial incremental increase. • Identify and recommended mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare an air quality report that incorporates the findings and all supporting calculations. • Revise the air quality study based on one round of comments provided by the City. GHG Analysis ■ Evaluate applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARB thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality. ■ Review the City of Redlands Climate Action Plan (CAP), applicable GHG inventory, targets, gap analysis, reduction strategies. Based on a review of the City of Redlands CAP an appropriate project- level threshold will be utilized. • Qualitatively discuss construction -related GHG emissions that may be generated as a result of buildout of the RHNA rezone sites. • Quantitatively evaluate operational emissions for the proposed project, based upon land use and trip generation projections provided by the City. It is anticipated that the SCAQMD-approved California Emissions Estimator Model (Ca1EEMod) will be utilized for emissions quantification. The scope of work assumes up to 2 operational modeling scenarios will be prepared, which may include an existing conditions and future year analysis scenario. • Identify recommended mitigation measures that will reduce any potential impacts to the maximum extent possible. ■ Prepare a greenhouse gas emissions report documenting the results of the study. The report will summarize the results of the previous work tasks and define appropriate and feasible mitigation packages to address any significant impacts related to climate change found in the analysis. ■ Prepare modeling outputs to incorporate as an appendix to the EIR. 3.4 Energy Analysis ■ Identify applicable local, state, and federal energy regulations and programs applicable to the Project. • Quantify direct and indirect electricity energy consumption from the project. • Quantify natural gas energy consumption from the project. • Identify transportation fuels supply, demand, consumption, and infrastructure. • Identify Energy Efficiency features of the project, including but not limited to the use of renewable energy requirements, and reduced energy demand through the reduction of potable water usage. 12 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms • The project's impacts based on the State CEQA Guidelines Appendix F and provide mitigation measures (if necessary) to reduce impacts to the maximum extent possible. • Provide an energy analysis summary and tables for inclusion in an "Energy Resources" chapter in the EIR based on the pending CEQA Guidelines Update. 3.5 Roadway Noise Impact Analysis Urban Crossroads will assist with evaluating the roadway noise impacts of the project as detailed in the following scope. Modeling outputs will be provided and incorporated into the appropriate EIR sections. Existing Conditions: • Identify and review applicable, Federal, State, and Local Noise criteria. This includes the City of Redlands Noise Element and Municipal Code to determine appropriate noise standards and significance criteria. • Collect long-term 24-hour ambient noise level measurements in the Project study area at up to 12 locations to quantify the existing noise environment. All noise level measurement equipment will satisfy American National Standards Institute standard specifications for sound level meters ANSI S1.4- 2014/IEC 61672-1:2013. The noise level measurements will be collected consistent with the criteria outlined in the City's Municipal Code. Briefly describe the ambient noise conditions in the Project study area. • Develop an existing conditions noise prediction model representing the existing roadway network facilities, and special noise generators. The existing conditions noise model will be based on the existing noise measurements and used to calculate the existing noise contours for roadway segments / noise receiver locations throughout the Project study area. • Calculate the off -site traffic noise contour boundaries for the baseline (existing) conditions, opening year and future conditions on up to twenty study area roadway segments. Calculate the future Project contributions by comparing the "with" and "without" Project noise contours on the study area roadways for the proposed project. Determine if the Project will create a significant noise impact on any analyzed roadway segments. • Summarize the results of the study in a roadway noise impact analysis report addressing the potential impacts associated with the Project and provide the appropriate measures to reduce the impacts to levels of less than significant. 3.6 Land Evaluation and Site Assessment Model EPD will prepare a Land Evaluation and Site Assessment (LESA) Model in order to determine the significance level of the potential conversion of Prime Farmland associated with development of the RHNA rezone sites. The LESA Model is a point -based approach for rating the relative importance of agricultural land resources based upon specific measurable features. The model will help determine the long-term viability of the existing agricultural production that is intended to be converted to residential uses. In support of the LESA Model, EPD will consult with local water suppliers and utilize the U.S. Department of Agriculture's soil mapping database and GIS to determine the suitability of the approximately 43 acres of Prime Farmland to long-term agricultural production. 3.7 Water Supply Assessment- OPTIONAL A Water Supply Assessment (WSA) will be prepared for the City of Redlands Project to ensure compliance with the City of Redlands Municipal Utilities Department and Engineering Department 13 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms standards, applicable sections of the Public Resources Code, and the California Water Code as referenced in Senate Bills 610 and 221 of 2001. Water demands associated with the net increase in water demands for the proposed rezoning will be calculated and compared to local and regional water supply projections. The WSA will highlight the ability of the water provider to supply water to the proposed rezoning in addition to other current and future water demands of the service area in normal, single dry and multiple dry year scenarios for 20 years. The report will include coordination and review with the City of Redlands (retailer) as well as the San Bernardino Valley Municipal Water District (wholesaler). In the event the RHNA rezoning project estimated water demands exceed the Urban Water Management Plan demands, FEI staff will prepare a brief technical memorandum identifying the issue and submit to EPD and City staff for discussion and guidance. The memo will include brief options on how to proceed forward and will require a City recommendation on how to move forward. 3.8 Sewer Assessment- OPTIONAL Evaluate the impacts of increased sewer demands associated with the RHNA rezoning project by calculating existing and proposed sewer demands and compare against available capacity within the existing sewer system. In addition, compare capacity against future buildout scenarios associated with the most current General Plan and approved Specific Plans. In coordination with Public Works, identify potential impacts and identify recommendations for future CIP and master planning efforts. Note: Sewer Assessment Task does not include any hydraulic modeling. The Public Works Department would be responsible for any hydraulic modeling for their city-wide or regional sewer system hydraulic model. 3.9 Water Assessment- OPTIONAL Evaluate the impacts of increased water demands associated with the RHNA rezoning project by calculating existing and proposed water demands and compare against available capacity within the existing water system. In addition, compare capacity against future buildout scenarios associated with the most current General Plan and approved Specific Plans. In coordination with Public Works, identify potential impacts and identify recommendations for future CIP and master planning efforts. Note: Water Assessment Task does not include any hydraulic modeling. The Public Works Department would be responsible for any hydraulic modeling for their city-wide or regional water system hydraulic model. TASK 4. INITIAL STUDY/ NOTICE OF PREPARATION/SCOPING MEETING Initial Study Within 45 days of authorization to proceed, and assuming the project description has been defined, EPD will prepare a draft IS/NOP, in compliance with CEQA requirements, for City review and comment. The IS/NOP will include, in addition to the Project Description described earlier, a location map showing the project site, site photos, project plans, zoning and land use 14 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms maps, and other explanatory exhibits, as well as a discussion of the probable environmental effects that have been identified. EPD's experience with Redlands projects, the environmental review process in general, and local and regional environmental conditions, will bring efficiency that will ultimately result in a smoother EIR process, starting with the IS/NOP. The IS/NOP will include a completed environmental checklist form, including written explanations to all checklist questions. The checklist used may be provided by City staff, or, alternatively, the standard checklist found in Appendix G of the CEQA Guidelines may be used. The EPD team will use existing information to the greatest extent possible. EPD proposes to use an expanded IS/NOP to eliminate or "scope out" non -significant environmental issues from further consideration. By fully addressing some environmental effects in the IS, the EIR will focus on those impacts that could be significant and unavoidable, or for which substantial analysis and/or mitigation measures are required. Based on discussions with City Staff and in order to streamline the EIR, the IS would include certain topics that require program -level mitigation measures for future projects. Potential sections that could be screened out of the EIR include Biological Resources, Cultural Resources, Geology & Soils, Hazards & Hazardous Materials, Hydrology & Water Quality, Population & Housing, Recreation, and Wildfire. The resulting IS/NOP would be made a part of the EIR by incorporating the document as an appendix. For those environmental impact areas where significant impacts are expected, discussion in the IS/NOP will be limited; detailed environmental analysis will be reserved for the EIR phase. Notice of Preparation Following City review of the draft IS/NOP, a final copy of the document will be prepared. Upon City approval of the IS/NOP, copies will be distributed via U.S. mail per CEQA requirements. Included in the mailing will be a Notice of Completion (NOC). It is expected that the City will provide a mailing list of addresses. Required copies to the State Clearinghouse (SCH) are included in the Deliverables listed below. Issuance of the IS/NOP begins a 30-day review period. Scoping Meeting During this 30-day period, the City should schedule a Scoping Meeting. Two EPD staff members will attend the Scoping Meeting and take note of comments received. Comments will be summarized in text form and submitted to the City. EPD will also assist the City to prepare the PowerPoint presentation and handout materials for the scoping meeting. Deliverables: Public Review Initial Study/NOP (10 printed copied with the appendices for the City's use; 10 CDs; electronic copies in Word and PDF and Website ready PDF) • Notice of Completion (1 electronic copy) • Notice of Availability and Distribution List (1 electronic copy) ■ Copies of the certified mail receipts 15 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms TASK 5. ADMINISTRATIVE DRAFT EIR Supplemental Program EIR As discussed in the Project Understanding, we believe that a Supplemental Program EIR (Program EIR) is best suited for the proposed RHNA Rezone because it allows the City of Redlands as the Lead Agency, to consider broad policy alternatives and program -wide mitigation measures. It also provides land use flexibility, while still providing effective mitigation for future projects. The Program EIR will outline requirements for subsequent development including appropriate site -specific technical studies and/or investigations. Mitigation will also identify performance standards when detailed project information is unavailable. Appropriate structuring of the Program EIR will limit the scope of CEQA documentation and expedite processing for future projects. The Program EIR will outline requirements for subsequent projects, including site -specific technical reports at the time of individual project applications. 5.1 Administrative Draft EIR EPD will prepare an Administrative Draft EIR for the City's review. The following paragraphs discuss the sections of a Draft EIR: Chapter 1. Executive Summary: This section will consist of a concise summary of the information presented in the main body of the EIR: • a brief project description; • a tabular summary of findings regarding project and cumulative impacts, mitigation measures, and any unavoidable significant impacts; • a summary of discretionary approvals required fdr the project; • a brief description of the alternatives considered, noting which one was considered the environmentally superior alternative; and • areas of controversy and issues to be resolved. Chapter 2. Introduction. This section is intended as a convenience to the reader who is not familiar with CEQA, EIRs, or the environmental review process. The purpose and standards of adequacy for an EIR will be defined, a discussion of the environmental review process for this project will be presented, and characteristics of an EIR and the reasons for preparing an EIR for this project will be described. Chapter 3. Project Description. The project will be identified, along with the project objectives from the standpoint of the City of Redlands. A statement of project objectives is also included in the Project Description. Project objectives identify the underlying purpose of the proposed project. The statement of project objectives helps a lead agency develop a reasonable range of alternatives to evaluate in an EIR and aids in the preparation of Findings of Fact and a Statement of Overriding Considerations, if necessary. The Project Description should be complete by the end of Task 1; however, minor changes may be made during EIR preparation. 16 I:\cmo\Agreements\Enviromnental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms Chapter 4. Environmental Setting. The environmental setting for each RHNA Rezone site will be defined for each environmental topic area included in the Draft EIR. This section will provide a summary of existing uses, General Plan designations, and zoning for each site. Chapter 5. Environmental Impacts and Mitigation Measures. The environmental setting section includes an overview of the general setting of the environment in the vicinity of the project site and identifies the related projects used in the cumulative impacts analysis. The impacts and mitigation measures part of this chapter includes an analysis of the topical environmental issue areas. In each analysis section, EPD will identify applicable Project Design Features; Standard Conditions of Development; and Existing Plans, Programs, and Policies that reduce environmental impacts. For each significant adverse impact that remains, CEQA requires that an EIR discuss feasible mitigation measures to avoid or substantially reduce the project's significant adverse environmental effect. Drafting effective mitigation measures involves clearly explaining the mitigation measure's objectives and implementation — specifically, how the mitigation measure will be put into action, who is responsible for its implementation, where it will occur, and when it will occur. Each environmental issue will include the following sub -sections: • Introduction identifying the primary documents used in the preparation of the section and any other pertinent information. ■ Existing Conditions section identifying and describing the existing physical environmental conditions that exist at the time the Notice of Preparation is published, and which constitutes the baseline physical conditions that assist in determining the significance of an impact. • Thresholds of Significance as adopted by the City. • Project Impacts describes environmental changes to the existing physical conditions that may occur if the proposed project is implemented and evaluates these changes with respect to the thresholds of significance. In addition, this section would include any Project Design Features proposed to reduce potentially significant impacts. • Cumulative Impacts describes the potential changes in the environmental conditions that result from the incremental impact of the proposed project added to closely related past, present, and probable future projects. ■ Mitigation Measures are those specific measures that may be required of the project by the Lead Agency in order to: 1) avoid an impact; 2) minimize an impact; 3) rectify an impact by restoration; 4) reduce or eliminate an impact over time by preservation and maintenance operations; or 5) compensate for the impact by replacing or providing substitute resources. ■ Level of Significance after Mitigation describes the level of impact significance remaining after mitigation measures have been implemented. Less Than Significant Issues: Based on the Initial Study and the 2035 General Plan EIR, the following topic areas will likely not be evaluated in the Program EIR: Forestry; Biological Resources; Geology and Soils; Hazards; Hydrology and Water Quality; Mineral Resources; Recreation; and Wildfire. Potentially Significant Issues: The Administrative Draft EIR will be comprehensive, accurate, objective, and will fully comply with CEQA and all applicable guidance and procedures established by the City of Redlands. The EIR will include an analysis section for each Environmental Checklist impact resource 17 L\cmo\Agreements\Enviromnental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324,docx-ms topic that was determined by the Initial Study to be potentially impacted by implementation of the proposed Project. Of the topic areas, the Initial. Study has also narrowed the required EIR analysis by describing how specific topic area criteria listed on the CEQA Appendix G Checklist would not be impacted by implementation of the Project; thus, eliminating some issues related to the topics above, from discussion in the body of the EIR. Each topic section that may be potentially impacted by the proposed Project would be evaluated in the Administrative Draft EIR, which would include a description of the existing conditions, evaluation of potential environmental impacts including temporary (construction -related) and long-term (operational) impacts, and identification of mitigation measures, as necessary. The scope of analysis for each environmental issue area that would be included in the EIR, as scoped in the Initial Study, is described below: Aesthetics: Section 3.1, Aesthetics of the 2035 General Plan EIR was considered less than significant. One primary goal of the 2035 General Plan is to encourage future development within the core areas of the city and preserve the agricultural and open space land around the periphery of the city. The Draft EIR will analyze the potential aesthetics impact related to the increased residential densities from the proposed project. This section of the EIR will look at the aesthetic impacts, and the relationship to the agricultural resources that could be converted through the RHNA rezone. Agricultural Resources: Per EPD's discussion with the City of Redlands staff, approximately 43 acres of Prime Farmland would be rezoned to residential as part of the project. As a portion of the farmland is currently in production, the EIR will discuss potential impacts related to the conversion of farmland to non- agricultural uses and the loss of Prime Farmland based on eventual residential development on the sites. The 2035 General Plan EIR Section 3.2, Agricultural Resources, found that buildout of the General Plan would result in significant and unavoidable impacts related to conversion of Important Farmland. In support of the EIR Section, EPD will prepare a LESA model, as further discussed in Task 3.8. Air Quality: As described Task 3.3, new air quality analysis will be conducted, pursuant requirements of CEQA, and based on the intensity of development ultimately identified in the RHNA rezone. Air quality was previously -identified as a significant and unavoidable impact in Section 3.3, Air Quality of 2035 General Plan EIR. This section of EIR will establish performance standards for future residential developments, including thresholds for future analysis and structural mitigations such as setbacks and air filtration systems. These performance standards, project design features and mitigation measures have been proven to adequately mitigate impacts to sensitive uses within proximity to freeways and railway; a health risk assessment will not be required and is not proposed as part of this scope of work. The air quality analysis will be summarized in the EIR. Energy: The EIR section will be supported by the energy analysis prepared as part of Task 3.5. This section will analyze the potential energy usage associated with future residential developments within the RHNA rezone sites. Impacts are expected to be less than significant. Greenhouse Gas Emissions: As described above, new greenhouse gas analysis will be conducted and will be evaluated against the City's CAP. A summary of the GHG analysis will be included in the EIR to evaluate the potential impacts associated with the project's generation of GHG emissions during 18 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms construction and operational activities, including: construction, area sources, mobile sources, energy consumption (electricity and natural gas), water consumption, and solid waste generation. Mitigation measures will be identified, if necessary, beyond those in Section 3.5 of the 2035 General Plan EIR, to reduce GHG emissions to a less than significant level. Hydrology & Water Quality: The 2035 General Plan Update EIR found all future overall impacts to be less than significant. However, multiple RHNA rezone sites are located within the 100-year floodplain. Multi- family residential uses could be permitted in these areas per the 2035 General Plan with a special permit for development in areas of special flood hazards (RMC Chapter 15.32). The 2035 General Plan and EIR include policies that further reduce potential impacts. This scope of work assumes upon implementation of regulatory requirements and General Plan goals and policies, and performance standards, buildout of the RHNA rezone sites would not result in significant impacts related to flood hazards. Land Use and Planning: The proposed project would rezone 126.2 acres to various residential densities and would require zone changes and General Plan Amendments. Potential impacts related to conflicts with policies that avoid environmental effects will be evaluated in the EIR. A list of relevant policies would be developed along with a corresponding description of the project's consistency or inconsistency with the policy, and if the project would conflict with a plan or policy that was adopted to avoid or reduce an environmental effect. Noise: Ambient noise in the vicinity of the RHNA rezone sites is largely associated with transportation noise generated by roadways, freeways, rails lines and existing land uses. Implementation of the proposed project could result in an increase in noise levels in and surrounding the sites during construction as well as during project operations. Additionally, potential vibration impacts on the immediate surrounding land uses may occur during project construction from the operation of heavy-duty construction equipment. As described above, a roadway noise analysis will be prepared to ensure complete CEQA compliance. Upon approval by the City, the EIR will summarize the noise analysis to describe existing noise conditions. It will also identify typical noise and vibration levels that would be generated from construction activities based on the types of construction equipment that would be used and its closest distance a structure or sensitive receptor that could be impacted. Mitigation measures, if necessary, would be provided to reduce any potential significant impacts. Regarding operational noise, the analysis will identify the noise from vehicular traffic, onsite activities, equipment, and mitigation and performance standards will be included, as necessary, to reduce potential noise impacts to a less than significant level. The Program EIR will include appropriate performance standards and mitigation measures to streamline future environmental review. Population and Housing: This section of the EIR will compare the RHNA rezone to the 2035 General Plan projections and will evaluate whether the project's potential population growth is unplanned. Population and housing growth that is planned, would not be considered significant. As the project would result in zone changes and General Plan Amendments to increase overall residential capacity in the City of Redlands, the EIR will consider whether the potential population growth associated with the RHNA rezone is significant compared to projections from SCAG. 19 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms Public Services: This section of the EIR will analyze potential impacts to existing service levels and response times for police and fire related to the population increase associated with the project. The EIR section will provide a detailed analysis of current response times and whether police and fire services within the city would need to construct new facilities in order to maintain adequate response times. Transportation: This EIR section will summarize the VMT analysis (Task 3.1) and provide a description of existing traffic and circulation conditions within the project area, describe the number of operational vehicular trips that are anticipated to be generated by the proposed RHNA rezone. In addition, the EIR will include identification and analysis of transit services and pedestrian and bicycle facilities in the project vicinity. Section 3.15, Transportation, was considered a significant and unavoidable impact in the 2035 General Plan EIR, including sections of freeways and the intersection of Orange St./Lugonia Ave. (under Caltrans jurisdiction) in the downtown village area. Per updates to the CEQA Guidelines, level of service is no longer considered an environmental impact and will not be analyzed in the EIR. Tribal Cultural Resources: The City of Redlands, as the Lead Agency, will initiate the SB 18 notification process and the subsequent AB 52 consultation process. EPD and MCC will assist the City by providing exhibits, maps, or graphics where pertinent to assist in the evaluation process and provide the EIR reader a clearer understanding or explanation of the analysis. EPD will help staff with identifying and/or refining any necessary performance standards or mitigation measures that would need to be incorporated into subsequent construction phases of individual projects. Utilities: The 2035 General Plan EIR concluded that upon implementation of regulatory requirements and General Plan goals and policies, buildout of the General Plan would not result in significant impacts related to public services and facilities. As higher density residential development is proposed compared to the 2035 General Plan EIR, the addition of residential uses would incrementally increase demand for utilities and service systems, including water supply, wastewater disposal, and solid waste disposal. The EIR would evaluate the capacity of existing utilities serving the various project sites to serve build -out of the proposed RHNA growth, with an emphasis upon water and sewer service. The EIR will describe any needed improvements, capacity restrictions, and the development fee mechanisms that fund improvements or capacity enhancements to accommodate growth. In addition, the analysis would determine if the project would necessitate the need for new or physically altered facilities, the construction of which could cause significant environmental impacts. As described in Task 3.7, a Water Supply Assessment will be prepared to analyze the increase in demand for water resources based on increased population growth and residential densities. Chapter 6. Other CEQA Considerations. This chapter summarizes those environmental effects that are found to be less -than -significant and those which are deemed significant and unavoidable. This section also includes other EIR sections mandated by CEQA, including a discussion of irreversible impacts, significant cumulative impacts, and growth inducement resulting from the project. Chapter 7. Alternatives. The project alternatives section includes a range of alternatives to be analyzed that meet project objectives; are feasible on an economic, legal, and regulatory basis; and would avoid or substantially lessen at least one significant impact of the project. The EPD team has estimated analysis of up to three (3) alternatives in addition to the "No Project" alternative in the Administrative Draft EIR. These alternatives would be developed as part of the preparation of the Administrative Draft EIR. The Administrative Draft EIR will include a discussion of the environmental impacts associated with 20 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms each alternative and compare the impacts with those identified for the proposed project. In addition, a summary matrix that presents and contrasts the environmental effects of each alternative as compared to the proposed project will be prepared. Chapter 8. Organizations and Persons Consulted and List of Preparers. This section lists the organizations and persons consulted during the preparation of the EIR and lists the individuals who contributed to the preparation of the EIR. Technical Appendix. The technical appendix will include the IS/NOP and the technical studies used in the preparation of the EIR. This may be included as one or more separate volumes. 5.2 Revised Administrative Draft EIR Subsequent to the City's review of the Administrative Draft EIR, the EPD team will prepare a Revised Administrative Draft EIR for submittal. All changes will be underline/strike-through format to allow for easy tracking of updates. We assume that changes will be minimal due to early consultation with the City, and prior review and approval of technical reports by City staff. Subsequent to review by City staff of the Revised Administrative Draft EIR, the EPD team will prepare a Public Review Draft EIR which incorporates the final comments. • Administrative Draft EIR (2 print copies with appendices in electronic format; electronic copies of the EIR in Word and PDF; graphics in industry standard format) • Revised Administrative Draft EIR (2 print copies; electronic copies in Word and PDF; graphics in industry standard format) TASK 6. PUBLIC REVIEW DRAFT EIR, NOTICE OF AVAILABILITY, AND NOTICE OF COMPLETION EPD will incorporate modifications to the Revised Administrative Draft EIR based on the specific comments received from the City and prepare a Public Draft EIR for public review. Exhibits and graphics will be used to describe, evaluate, and analyze information within the document. Prior to release of the Public Draft EIR, EPD will submit to the City a PDF of the Public Draft EIR for final review and comment. Minimal comments are expected at this stage. With release of the Draft EIR, EPD will prepare and submit a Notice of Completion (NOC) and a Notice of Availability (NOA), and post copies of the Draft EIR on the State Clearinghouse (SCH) website. EPD can assist the City with mailing of the NOA to local agencies. Deliverables: • Public Review Draft EIR (12 print copies with appendices in electronic format; 2 printed copies of the appendices and Draft EIR; electronic copies of the EIR in Word and PDF and Website readyPDF) • Notice of Completion (1 electronic copy) • Notice of Availability and Distribution List (1 electronic copy) • Copies of the certified mail receipts 21 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms TASK 7. FINAL EIR, RESPONSE TO COMMENTS, MITIGATION MONITORING & REPORTING PROGRAM, STATEMENT OF OVERRIDING CONSIDERATIONS, AND NOTICE OF DETERMINATION A Final EIR will be prepared in accordance with CEQA and will contain the City's required elements, as follows: 7.1 Response to Comments & Final EIR Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment. A Response to Comments section will be created for the Final EIR and will contain an introduction describing the public review process concerning the Draft EIR, copies of all comment letters received and minutes from public meetings where oral comments were taken, plus written responses to all comments. Responses will focus on comments that address the adequacy of the Draft EIR. Other comments that do not address EIR adequacy will be noted as such and no further response will be provided, unless deemed necessary by the City of Tustin. Responses will be prepared by EPD with input by the City and technical subconsultants, as needed. A not -to -exceed budget based on a maximum of 80 hours for responses to comments has been established to cover efforts by EPD and subconsultants, including review meetings and revisions. If an unexpectedly large volume of comments is received, or if certain comments result in the need for substantial additional responses or new research or analysis, the initial budget may not be sufficient. Should this situation become apparent, we will discuss this concern with the City before the responses budget is consumed and determine an appropriate course of action. Responses to Comments by responsible agencies will be provided to those agencies, as well as any other commenters identified by the City, and will be prepared for consideration by the Planning Commission, if desired or as requested by the City, but at a minimum of 10 days prior to consideration of the Final EIR by the City Council. 7.2 Mitigation Monitoring & Reporting Program A Mitigation Monitoring and Reporting Program (MMRP) will be prepared pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format and will identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the time at which each measure will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. A draft MMRP will be prepared for consideration by the Planning Commission so that any comments they may have concerning the MMRP can be incorporated into the Final EIR that is prepared for City Council certification. 7.3 Statement of Overriding Considerations A Statement of Overriding Considerations will be prepared if the Final EIR identifies significant, unavoidable impacts for the selected project that the City determines would be acceptable in light of the overall benefits of the project. The EPD team will use a Findings and Overrides format approved by the City and will submit the draft prior to the Planning Commission hearing. One round of review for revisions is anticipated. 22 I:\cmo\Agreements\Enviromnental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms 7.4 Notice of Determination Following certification of the EIR, EPD will prepare a Notice of Determination for the City to submit to the State Clearinghouse and San Bernardino County Clerk. A check for the filing fees, including the CDFW filing fee for an EIR will be provided by the City of Redlands. Deliverables: • Administrative Draft Response to Comments (2 electronic copies, with appendices, in Word and PDF formats) ■ Final Response to Comments and Final EIR (12 print copies; electronic copy in Word and PDF, with appendices; Website ready PDF) • Statement of Overriding Considerations (1 print copy; electronic copy in Word and PDF) • MMRP (1 print copies; electronic copy in Word and PDF) ■ Notice of Determination (electronic copy) and copies of the stamped NOD. TASK 8. PROJECT MANAGEMENT AND MEETINGS 8.1 Project Management To effectively manage the costs of the project, EPD will attend bi-weekly conference calls (briefings) to update the City on upcoming deliverables and discuss any potential issues that may impact the scope of work. EPD will draft agendas in advance of these meetings and deliver minutes via email to the entire project team. The minutes will identify action items and the responsible party to implement said action item. In addition to standing meetings, EPD will be available to City staff to answer questions, address concerns, or to clarify issues as they arise. This scope of work assumes ongoing project management (an estimated 2 hour/week for the Project Manager and 1 hour for the Project Director for the duration of the project was estimated in this proposal). 8.2 Meetings In an effort to achieve this level of communication, Konnie Dobreva, the Project Director and Meaghan Truman, Project Manager, will attend up to 10 in -person or virtual meetings during the course of the document preparation and environmental review process (inclusive the kick-off meeting in Task 2). These meeting are interchangeable at the City's discretion and could be with City staff, or as part of inter -agency consultation meetings (e.g., San Bernardino County Transportation Authority, Caltrans, Water Quality Control Board, etc.). Additional meetings or attendance by other members of the Consultant team will be billed on a time- and -materials basis. Costs for meeting attendance will be billed in accordance with the hourly rates for the personnel involved. Deliverables: • Bi-weekly meetings or conference calls • Regular communication via telephone and email • Attend up to 10 in -person or virtual meetings with City staff: • 1 kick-off meeting; • up to 5 internal meetings with staff prior to public meetings and public hearings; and 23 I:\cmo\Agreements\Enviromnental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms • up to 4 consultation meetings with City staff and other agencies. TASK 9. HEARINGS The project team will attend up to 1 Planning Commission hearings and 2 City Council hearings. The project team will assist City staff in developing a PowerPoint presentation with supporting exhibits for use at the public hearings. It is anticipated that the City will lead the hearings, with project team providing support as needed. Deliverables: ■ Up to 1 Planning Commission hearings ■ Up to 2 City Council hearings 24 I:\cmo\Agreements\Enviromnental Planning Development Solutions, Inc, (Housing Element EIR) FY22-0324.docx-ms EXHIBIT "B" PROJECT SCHEDULE EIR Proposal Schedule • m • • • • teak Name - Project Master e a.r ataa.a . C2 Duration start Date End Date • Predec Master Master a918(010 90d ThhItrYI 10 Intl Nancy P.m .6m0P OVUM na. 00403.2. 01n02. 01 /MN 00.0.01 WPM b 92.2021 v 072221 b a1n1.1. 000301 Qp M 01 02 Se FM far am May M Ju Nq ay 0n N. O.c An PM My Aer - Eq.ha en Mrama.11 ma 13t]:Q AM PST 00 11 12 la tel rl ra ee 02 tl 00 80 80 Paae.d2 areadRNOP.Ima NoMm..i i *urea sewwa.a.r.ama MOO aM1aM amiaMm..1 N admin DM SIR w ap..a a.r. of ,...man or.. En Lead Nancy a..r d pee ...1204. P.n.Mm et Ream o.e na a...d.ddwePala N Inn eat ra>A .+Moe s,..wtl n acx ld OaaaM Owva agars. allenen • • • OaaM NINA Slarrat 100/021 tonna 11/20.04 71 is i • .a9NN tt9M • • 110901 1021124 • P.M... NAM P.P..magum 0. MTiaoata..i.. rvaa. avers 77 aMlaw awm s 1.1.W..0.1M. .dar400110.1..n. • 021112/23 MINN • UMW., MORN P.M. OWNS mdaaa s Ad NM apPpa.m dNrd{ oat a...a aaaa amv Pdb1Y.w. Hare( ana Ptr. Is PC lal aunrsa ONYX • ■ 11.0. 0Pa..aaa 101 OWNS *MUM of Pa.I.q Nm.tlma..aaTTu. la wan (0011 . Tad 1.1 ComdM!I1.aNNW ills 1.11100 Dania or neat. a.ns Ovsa 1021AS Mann 0..nns MAN26 MOM OWNS NNW ewe. ar541 , IS 202310:lr:lt AM Pat 25 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms Pape ld4 EXHIBIT "C" COMPENSATION Project Budget EPD proposes the budget on the following page for the Supplemental EIR scope of work. Assumptions Our cost estimate is based on our scope of services and the following assumptions: ■ The cost estimate is valid for up to 180 days from the date of submittal, after which it may be subject to revision. Costs have been allocated to tasks to determine the total budget. A "Not to Exceed"dollar amount for each of the tasks are provided except where indicated as a "Fixed Fee." Unexpended budget will be invoiced at the conclusion of the project. If additional meetings or site visits are requested or additional work beyond the allowances described herein are required, such meetings and work would require an amendment of the budget. Reimbursable expenses are estimated and will be billed at actual cost, plus 15 percent administrative charge. ■ Additional review cycles or additional versions of administrative drafts of any documents beyond the assumptions contained within the scope of work will constitute additional work. The budget is based on completion of work within a maximum 12-month schedule. If a delay occurs as a result of circumstances beyond control, we reserve the right to adjust our budget to account for additional project management requirements, increased labor rates, and other costs. 26 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms Proposed Fee The following is the proposed fee for the above scope of work Redlands RHNA Rezone Supplemental EIR Fees EPD Solutions, Inc Drica.v 13, 2023 sdfAlsen$r Montle De6revu Raaee Estario Meghnn Moths Woolson Truman Preject Planner EPD Labor Total Sutieonsul6rMs TOTAL LABOR Hourly Rob $300 $230 $275 $185 $160 P.eposed Work Scope Tusks Hours Hogan Heun Hours Hagan Henn $ $ $ rack 1: Prale,i In4rofl ,. Ravlew of Elm?, Scdlan and Daammd. 8 8 1310 2 40 $ 9.190 9.190 rode 2: P,alan Oa.alplln, 2 2 1 12 20 41 $ 7.335 S 7.335 Talk 3. T32,3.{tut Studle. 3_I V.hidx MJ.r Trm«Ird'An.dy:. 1 5 38 6 32 82 $ 18,130 $ 18,130 3_2 Rand«1,y Ydum. For.a.gm, e 8 S 2,200 $` 2.200 3.3 Ar Ounnt. impact d Gx.r6amar Ga. A. r/,v.S i. 0 $ - 5 17,500 17.300 2.4 fnx46y Anv1.4.i. 0 $ - $ 2,625 $ 2,623 3 iRanee ,. N4i,,. brood Analysis 40 40 $ 6,400 5 6,875 $ 13,275 3_6lerd Erafu:d,'m d Sise Au«umw.l Mal»I 4 16 8 28 $ 5,440 $ 5,440 37 Wnh. S_9Ply A.v,..nanr -- OP1(ONA1 0 S - $ 19,375 $ 19,375 3.8 Sarin. .4...arnw.l - OP7,ONA1 0 $ - S 13,123 $ 13.123 3.2 W:rt.r A,a.m„rd- OPTK7NAL 0 $ - 0 9,375 $ 9.375 Twee 4, Ir41wl Srv.l, t4milcs of Frapa,arlur and ya,ok,o M00161a 16 14 26 40 98 $ 19.600 S 19.600 Tale S Admit: [rule EIR esd Mlllpvn®, M.r4f,,.?nu 8 Rape,/Ina Prapr,_,n 5.1 =Anil. Ddr 20 40- 6 100 120 286 $ 54.550 E 54.550 .2.P.riami Admin. L'4d, 9 16 4 30 30 90 S 18.105 $ 18.105 Ton 64, Public Dinh EIR, MAL0P, Nrfirn aI Ara2:16r0 0, and rt km of CanPlan'm 6.1 Ru6fe R.vi.,. Cafe, NOA, /OC 4 - 20 30 54 $ 9,700 $ 9,700 6.2 MMRP - 4 6 10 $ 1,700 $ 1,700 Turk 7: Response ,u C«,mxrs, Erni EIR, Sfialamwn 6103 et lfding ar..ddnmenur; Noll= er Os.mi tarn 7.1 R..yrrn. fo Comm+,d. & Final EIR 18 20 6 30 16 90 $ 19,760 $ 3,000 $ 22,760 7-2 WC, R.raltdien , and FMi,J. d Foci 6 - 16 3S 57 $ 9,940 $ 9,940 7-3Non 2 5 7 $ 1,170 $ 1,170 Toes B. Harm.. and P,alart Munr.pomem - - 0 $ - $ 8.1 ,P.q,.cf 10u,v6wnant 24 4 20 50 - 98 $ 22,870 $ 22,870 8-2.16wGnpr 16 12 30 - 58 $ 13,650 $ 13,630 To.k 4. eleorlryn 22 l82 16 24 - 60 $ 14,840 $ 4,000 $ 18,840 7eTOTA1 y t 115 72 Z79 384 931 S 234.580 $ 75,875 S 310.455 TOTAL LABOR wj Optional Tasks TOTAL LABOR w/o Optional Tasks EXPENSES TOTAL W/EXPENSES & OPTIONAL TASKS TOTAL W/ EXPENSES W/O OPTIONAL TASKS $ 310,455 $ 268,580 $12,000 $ 322,455 $ 280,580 List of Standard Hourly Rates Position Hourly Rate President/Principal $300 - $350 Vice President of: Planning; Environmental Planning; Development; Transportation Planning; Construction Management; Engineering; Design $275 - $300 Senior Director of: Planning; Environmental Planning; Development; Transportation Planning; Construction Management; Engineering; Design $260 - $285 Director of: Planning; Environmental Planning; Development; Transportation Planning; Construction Management; Engineering; Design $250 - $275 Senior: Project Manager; Planner; Transportation Planner; Engineer; Environmental Planner; Associate $210 - $250 Project Manager; Associate Engineer $185 - $210 Associate: Planner; Environmental Planner; Transportation Planner $165 - $185 Assistant: Project Manager; Environmental Planner; Transportation Planner; Project Planner; Engineer $150 - $165 Project Coordinator; GIS Analyst; Drafter $135 - $150 Support Staff $85 - $135 27 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms EXHIBIT "D" 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. ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC. By: Date: Jeremy Krout, President/CEO 28 I:\cmo\Agreements\Environmental Planning Development Solutions, Inc. (Housing Element EIR) FY22-0324.docx-ms