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HomeMy WebLinkAboutContracts & Agreements_184A-2025EA-7.2 (12.8.21) AGREEMENT 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 251h day of September, 2025 ( "Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Environment Planning Development Solutions, Inc., a California 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 December 31, 2026. C\emo\Agreements\Environmental Planning Development Solutions, Inc-rY2526-059.doc jl EA-7.2 (12.9.21) 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 one hundred fifty-three thousand seven hundred sixty dollars ($153,760). 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 and Hourly Rates," 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: City Consultant: Brian Desatnik, Director Konnie Dobreva, VP Development Service Department Environment Planning Development Solutions, Inc 35 Cajon Street, Ste. 20 3333 Michelson Drive P.O. Box 3005 (mailing) Suite 500 Irvine, CA 92612 Redlands, CA 92373 besatnik@cityofredlands.org kormie( cpdsolutions.com (909) 798-7555 (949) 794-1180 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 I:\emo\Agreements\Environmental Planning Development Solutions, Inc-FY2526-059.doc-jl EA-7.2 (12.8.21) 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 "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. 3 IAcmo\Agreements\Environmental Planning Development Solutions, Inc-FY2526-059.doc-jl EA-7.2 (12.8.21) 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 malting 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 C\emo\Agreements\Environmental Planning Development Solutions, Inc-FY2526-059.doc jl EA-7.2 (12.8.21) 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. 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 salve 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\Environmental Planning Development Solutions, Inc-FY2526-059.doe-jl EA-7.2 (12.8.21) IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Charles M. Duggan, J ., City Manager ATTEST: e Donaldson, City Clerk ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC. Konnie Dobreva, VP of Environmental Planning 6 Lcmo\ Agreements\Environmental Planning Development Solutions, Ina-FY2526-059.doc ji EXHIBIT "A" SCOPE OF SERVICES TASK 1. PROJECT INITIATION Task 1.1. Project Kickoff Meeting EA-7.2 (12.8.21) Upon receipt of the signed contract, Consultant will facilitate a kickoff meeting with City staff and the Applicant team. During this meeting, Consultant will define the project scope, objectives, and key deliverables to ensure alignment among all participants. Team members will be introduced, and their roles and responsibilities will be clarified. The project timeline, milestones, and dependencies will be reviewed to provide a clear roadmap for the project. Communication protocols, including the frequency of meetings, reporting mechanisms, and escalation procedures, will be established to ensure effective coordination. Key topics to be discussed during this meeting may include the following: 1. Outline communication protocols 2. Refine project schedule 3. Confirm existing and past uses of the site 4. Review of project design, including, but not limited to: • Preliminary plans and design specifications • Phasing information • Construction and operational parameters • Discuss any other pertinent information that would guide the project description 5. Identify project objectives 6. Discuss the pre -application process 7. Discussing parameters of any project alternatives/variations the City is considering 8. Obtain technical studies completed for the project; and 9. Discuss the preparation of new technical studies, along with any data requirements/needs for initiating technical analyses. 10. Identify relevant community and agency stakeholders. We will also confer with the project team during this early process to discuss the potential environmental impacts of the proposed project. This upfront evaluation of impacts will allow the project team to consider project design features that would minimize environmental impacts, a process known as "mitigation by design." EPD Staff will work closely with City staff to ensure the project follows the CEQA pathway that best suits the project. During this collaboration with City's staff, Consultant will identify any opportunities for increased efficiencies in the CEQA process. C1cmolAgreementslEnvir0nmenta1 Planning Development Solutions, Inc-FY2526-059.doc jl EA-7.2 (12.8,21) Task 1.2. Project Description Prior to the initiation of the environmental document, Consultant will develop a detailed project description. One of the keys to successful CEQA compliance is a clear definition of the project and its components. The project description will be drafted to describe the full scope of project improvements, implementation schedule and phasing, infrastructure requirements, construction process, and any offsite improvements required for implementation and operation of the proposed project, including maps depicting the project footprint. The budget for this task assumes that the City will supply Consultant with all necessary georeferenced and projected technical files and plans. Prior to beginning preparation of the lS/MND, the draft Project Description will be circulated to the City and Applicant team for review and comment. One round of revisions is assumed. TASK 2. REVIEW OF EXISTING TECHNICAL STUDIES Consultant will review the existing technical studies for CEQA adequacy. The following applicant prepared studies will be provided to Consultant for review: • General Biological Resources Assessment • Cultural Resources Assessment Consultant will examine each study's methodologies, data sources, and conclusions, and will identify any disparities in the data and analyses presented. The project description, impact significance thresholds and mitigation measures will be reviewed to determine if they are adequate pursuant to CEQA. Consultant will cross-reference the project description, onsite and offsite improvements, findings and recommendations across different studies to ensure consistency. Upon completion of the initial peer review for CEQA adequacy, Consultant will submit comments to the City staff listing additional information required or necessary revisions to the studies. With the Applicant and City staffs permission, Consultant can coordinate directly with the Applicant's subconsultants to clarify comments and expedite the review process. Upon receiving updated studies, Consultant will conduct a second adequacy review and submit a second set of comments, if necessary. TASK 3. PREPARATION OF TECHNICAL STUDIES Task 3.1. Traffic Impact Analysis Task 3.1.1. Traffic Impact Analysis (TIA) Scoping Agreement 8 C\cmo\Agreements\Environmental Planning Development Solutions, Inc-FY2526-059.doc-jl EA-7.2 (12.8.21) Consultant will prepare a scoping agreement for the City review. The scoping agreement will include the project study area, trip generation, proposed trip distribution and proposed project study intersections. Consultant will work with the City staff to obtain approval of the scope of work prior to proceeding with the TIA. During this process, Consultant will request a list of planned roadway improvements and cumulative development projects in the vicinity of the project study area. In addition, Consultant will request signal timing plans for study intersections from the city for use in the analysis. Task 3. LZ Vehicle Miles Traveled (VMT) Analysis Consultant will prepare a VMT analysis using the San Bernardino Transportation Analysis Model Plus (SBTAM+), The following tasks will be required to prepare the VMT analysis: 1. Consultant will modify the model network to create a new Traffic Analysis Zone (TAZ) for the project or enter the project data into the existing TAZ (as appropriate). The project's socio-economic data (SED) will be determined for the project land use and entered the project TAZ. Two full model runs will be prepared to evaluate the 2019 Base Year and 2050 Buildout Year VMT with the project. 2. The model output will be post -processed to calculate the project VMT per Capita. Existing VMT per Capita will be interpolated from the 2019 Base Year and 2050 Buildout Year model data. 3. Project VMT impacts will be determined using significance criteria in the City VMT analysis guidelines. 4. The project's effect on VMT will be evaluated by calculating the Citywide link -level VMT per Capita for without and with project conditions. The project is considered to have a significant impact if the link level VMT per Service Population is increased under with project conditions. 5. If a significant VMT impact is identified, Consultant will identify appropriate mitigation measures such as change in the project description, commute trip reduction (CTR) measures, or participation in an impact fee and/or exchange program (if any applicable to the project) to reduce VMT to achieve acceptable levels. 6. A draft VMT Analysis will be prepared documenting all analyses, findings, and conclusions. Upon review by the City, Consultant will prepare one revision of the VMT Analysis. Task 3.1.3. Level of Service (LOS) Analysis Existing Conditions: Consultant will document conditions of the surrounding roadway network including number of travel lanes, traffic control, non -motorized and transit facilities, and existing traffic volumes. Consultant will contract with a qualified traffic data collection firm to collect existing traffic volumes at all study area facilities. Existing AM and PM peak hour levels of service (Level of Service) will be calculated using the Highway Capacity Manual (HCM) 7th 9 I:Icmo\AgreementslEnvironmental planning Development Solutions, Inc-FY25 M59,doe-jl EA-7.2 (12.8.21) Edition. It is anticipated that up to 8 intersections and 3 project driveways would be included in the study area; an additional budget will be required if the Scoping Agreement approved by the City requires additional intersections or roadway segments. Traffic counts will be charged as an expense. Project Impact Analvsis: Levels of service at the study area facilities will be calculated for the following conditions: • Existing AM and PM Peak Hour Traffic Conditions • Background AM and PM Peak Hour Traffic Conditions • Background Plus Project AM and PM Peak Hour Traffic Conditions • Cumulative No Project AM and PM Peak Hour Traffic Conditions • Cumulative Plus Project AM and PM Peak Hour Traffic Conditions This scope of work includes evaluation of up to 15 cumulative projects. If more than 15 cumulative projects are required to be included, then an additional budget may be required. Level of service at the study intersections and roadway segments will be calculated for the scenarios identified above. Project- generated impacts will be identified by comparing without- and with - project Level of Service. The TIA will also evaluate the peak hour traffic signal warrant for any unsignalized intersection(s) that operate with unsatisfactory Level of Service. Mitigation Measures: If Level of Service deficiencies are identified, Consultant will identify mitigation measures that would reduce or offset these impacts. Project fair -share for cumulative impacts will be calculated and identified in the study. Documentation of Analysis and Findings: A draft TIA will be prepared documenting all analyses, findings, and conclusions. Upon review by the project team and/or City, Consultant will prepare up to two revisions to the TIA and provide the revised TIA for City review. Task 3.2. Air Quality, Energy, Greenhouse Gas, and Construction Health Risk Analyses The proposed project is located within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The following scope of work serves to meet the City and SCAQMD requirements for preparation of Air Quality, Energy, and Greenhouse Gas Emissions and Health Construction Risk Assessment analyses. Task 3.2.1. Air Quality Impact Analysis Consultant assumes that analysis of the Specific Plan buildout will require one model run, which 10 C\cmoWgreements\Environmental Planning Development Solutions, Inc-FY2526-059.doc-j1 EA-7.2 (12.8.21) includes analysis of construction and operation of the project. Consultant will complete the following: 1. 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. 2. Identify construction -related air quality impacts from associated construction activities at the project site, which may include demolition, import or export of fill dirt, mass grading, construction, paving, concrete pouring, etc. 3. Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic analysis. In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, consumer products, and lawn care equipment will also be considered. 4. Perform a screening -level Construction Localized Significance Threshold (LST) analysis as recommended by the SCAQMD. The SCAQMD's LST "look -up" tables will be utilized and therefore no dispersion modeling is anticipated. If for some reason dispersion modeling is required, a separate proposal will be provided to address the extra work effort. 5. 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 the purposes of this evaluation, a qualitative assessment of odors and odor controls is expected. 6. Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for short-term construction and long-term operational activity. 7. Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent feasible. Prepare an Air Quality Impact Analysis report that incorporates the findings and all supporting calculations. 8. Revise the Air Quality Impact Analysis report based on comments provided by the project team for up to one review cycle. Task 3.2.2. Energy Demand Calculations Consultant will analyze the energy demand of the project pursuant to these tasks. I. Quantify construction energy consumption from the proposed project (equipment and vehicles). 2. Quantify direct and indirect electricity energy consumption from the proposed project. 11 I:\cmo\Agreements\Environmental Planning Development Solutions, fnc-FY2526-059.doc-jl EA-7.2 (12.8.21) 3. Quantify natural gas energy consumption from the proposed project. 4. Identify transportation fuels supply, demand, consumption, and infrastructure associated with on -going operations. 5. Provide summary tables in excel and PDF format for inclusion in the CEQA document. Task 3.2.3. Greenhouse Gas Emissions Analysis Consultant will complete the following: 1. Evaluate applicable federal and State regulatory requirements (i.e., AB 32, Air Quality District, California Air Resources Board (CARB) thresholds). Qualitatively discuss the effects of Greenhouse Gas (GHG) emissions on regional air quality. 2. Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Data available from the project team and technical air quality analysis will be utilized in characterizing GHG-generating activities. 3. Evaluate increase in applicable GHG emissions associated with long-term mobile source activity. Data available from the technical air quality analysis as well as the technical traffic analysis will also likely be utilized in calculating the emissions inventory. 4. The emissions evaluation for short-term construction, long-term mobile source, and long-term stationary source activity will consider project design and mitigation measures that have the potential to reduce GHG emissions. 5. Evaluate project significance based on the latest guidance from the California Attorney General's Office, the Governor's Office of Land Use and Climate Innovation (LCI) (formerly known as the Office of Planning and Research [OPR]), the Air Quality District, and CARB. 6. Prepare a GHG Emissions Analysis report documenting the results of the study. The report will summarize the results of the previous work tasks and define appropriate and feasible mitigation measures to address any significant impacts related to climate change found in the analysis. 7. Revise the Greenhouse Gas Emissions Analysis report based on comments provided by the project team for up to one review cycle. Task 3.2.4. Construction Health Risk Assessment (HRA) 12 C\cmo\Agreements\Environmental Planning Development Solutions, Inc-FY2526-059.doc jl EA-7.2 (12.8.21) Construction of the proposed project would utilize heavy duty construction equipment which would generate diesel particulate matter; therefore, a Health Risk Assessment (HRA) would need to be prepared for the project. This is consistent with recent comment letters from the CARB on other development projects. Consultant will complete a construction HRA using the current version of AERMOD. The following scope of work outlines the requirements of the Construction HRA: 1. Source Identification: Identify sources of Toxic Air Contaminants that would be generated during construction of the project. This includes heavy-duty diesel trucks and construction equipment. Duration of construction will also be identified and evaluated in the Construction HRA. 2. Source Characterization: Determine contaminant release rates and characteristics using EPA and CARB guidance. 3. Estimate Ambient Air Concentrations: Using USEPA's AERMOD model per SCAQMD requirements, quantify ground -level concentrations of diesel particulate emissions generated by construction activities. 4. Summarize the results in a memorandum and discuss any required mitigation that would need to be implemented to minimize or reduce impacts from project construction to a less than significant level for purposes of CEQA. One round of review and revision of the HRA is assumed based on comments from the Lead Agency and/or Client comments. Task 3.2.5. Operational Health Risk Assessment (HRA) (IFNEEDED) The project is adjacent to Interstate 210. While analysis of the environment onto the project is not required by CEQA, Consultant will complete an Operational HRA using the current version of AERMOD if requested by the City. The following scope of work serves to meet the requirements of City and SCAQMD for preparation of an Operational HRA: 1. Source Identification: Identify operational characteristics of the I-210, including measurements of the project relative to adjoining land uses, variation in traffic activity, fleet characteristics, and average speed of roadways. 2. Source Characterization: Determine contaminant release rates and characteristics using USEPA and CARB guidance. 3. Estimate Ambient Air Concentrations: Using USEPA's AERMOD model, quantify ground -level concentrations of diesel particulate emissions in nearby residential areas. Using 13 IAcmo\Agreements\Environmental Planning Development Solutions,Inc-FY2526-054docjl EA-7.2 (12.8.21) this data, the chronic health impacts to the adjoining community will be determined per the methodologies of the USEPA and California Office of Environmental Health Hazard Assessment (OEHHA). 4. Include a qualitative discussion on cumulative toxic sources within '/4 mite of the project site (if any) and primary truck route(s) with a potential to emit and contribute to the cumulative health risks associated with the project. s. Summarize the results in a memorandum and discuss any required mitigation that need to be implemented to reduce impacts to a less than significant level. One round of review and revision of the 14RA is assumed based on comments from the Lead Agency and/or Client comments. Task 3.3. Noise and Vibration Impact Analysis The noise specialist will complete a Noise and Vibration Impact Analysis encompassing the following subtasks. Existing Conditions • Identify and review applicable federal, State, and local noise regulations, including the City's Noise Element and Municipal Code, to determine appropriate noise standards and significance thresholds/criteria. • Assess the project study area to identify noise -sensitive receptors and the sources and locations of potential noise generators, which will guide the selection of noise monitoring sites. • Conduct short-term, 15-minute ambient noise level measurements in the project study area to quantify the existing noise environment. We are assuming up to four ambient noise level measurements for existing conditions, if the City requires more, an amendment would be required. Ensure all noise measurement equipment complies with the American National Standards Institute (ANSI) standard specifications for sound level meters (ANSI S1.4- 1973/IEC61672- 1:2013). Collect noise level data in accordance with the criteria outlined in the Municipal Code. Operational Noise Analysis • Collect reference noise level measurements to represent the expected impacts of stationary sources associated with the proposed project land uses. • Evaluate the potential noise impacts from stationary sources during 14 t\emo\Agreements\Environmental Planning Development Solutions, Inc-FY2526-059.doe-jl EA-7.2 (12.8,21) the operation of the proposed project and recommend mitigation measures to minimize noise impacts on nearby noise -sensitive receptors. • Assess the operational noise impacts on nearby noise -sensitive receptors. This analysis will include a map illustrating the relationship between noise sources and surrounding receptors, considering distance and existing noise barriers. • Identify potential noise abatement measures to ensure compliance with applicable jurisdictional noise criteria at sensitive receiver locations. • Use a version of the FHWA RD-77-108 noise prediction model to calculate existing and future offsite traffic noise contours, utilizing roadway traffic data from the Traffic Study prepared for the proposed project. • Calculate the future project's exterior traffic noise contributions by comparing pre -project and post -project noise contours on study area roadways and assess the results against jurisdictional noise standards. • Employ either the FHWA RD-77-108 or equivalent noise prediction models, along with previously obtained reference noise measurements, to calculate onsite noise impacts on nearby areas. Compare the results to the jurisdiction's stationary noise standards and propose feasible mitigation measures if exceedances are identified, to reduce noise impacts to less than significant levels. • Prepare a comprehensive noise and vibration impact analysis documenting the study results and providing responses to each noise -related CEQA checklist question. Construction Analysis • Collaborate with the project team and refer to the Air Quality study to identify the mix, quantity, and duration of planned construction activities, • Evaluate potential noise impacts from temporary construction activities at the project site, using reference noise level measurements from similar activities. • Provide a comprehensive noise impact and vibration analysis for temporary construction activities, estimating the impacts on nearby noise -sensitive uses. This analysis will assess construction noise levels by phase at each surrounding noise -sensitive receiver location, considering distance and existing noise barriers. • Recommend appropriate mitigation and abatement measures to ensure that noise and vibration impacts comply with jurisdictional criteria and established CEQA significance thresholds. 15 1 \cmo\Agreements\EnvironmcMal Planning Development Solutions, Inc-FY2526-059.doc jl EA-7.2 (I28.21) Noise and Vibration Impact Analysis Report • Summarize the findings in a Noise and Vibration Impact Analysis report, addressing potential impacts associated with the project and recommending appropriate mitigation measures to reduce impacts to less than significant levels. • Revise the Noise and Vibration Impact Analysis report based on feedback from the client and/or jurisdiction staff, accommodating one review cycle. • Submit the Noise and Vibration Impact Analysis to the City for review, incorporating agency comments as necessary. One round of review is assumed. Task 3.4. Technical Services Project Management This task includes coordination of technical studies with the Lead Agency to obtain approval. It also includes technical assistance and coordination of unexpected issues that arise during project review, but which are not usually included in the traffic, air quality, or noise technical study scopes of work. Services covered could include but are not limited to: coordination with the City and client on transportation- related project items, coordination on onsite circulation, access design, trip distribution, offsite improvements, and ensuring consistency between all technical studies. TASK 4. MITIGATED NEGATIVE DECLARATION (MND) Task 4.1. Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) Consultant will prepare a draft Initial Study (IS) in compliance with CEQA Guidelines and any applicable local CEQA guidelines from the City. The Initial Study is expected to support the preparation of a Mitigated Negative Declaration (MND), as outlined in CEQA Guidelines Section 15070, which allows for an MND when a project's environmental impacts can be reduced to a less -than -significant level through mitigation measures. If technical studies reveal impacts that cannot be fully mitigated, Consultant will update the scope of work and consult with City staff and the Applicant team to determine the necessary steps. An administrative draft ISWM M will be provided for the City's review, and if so authorized, for the project team's concurrent review. One set of consolidated comments are anticipated, which will be incorporated into a revised document. Task 4.2. Screencheek Draft MND Based on comments from the City, a screencheck draft will be prepared and provided to the City for their review. City comments will be addressed and incorporated into an updated document. The 16 C\cmo\Agreements\Environmental Planning Development Solutions, Inc-FY2526-059.doc-jl EA-7.2 (12.8.21) updated screencheck draft will be submitted to the City for review as the Public Draft IS/MND. Task 4.3. Public Draft Initial Study — MND AND MMRP Incorporating the City comments, Consultant will prepare a Public Draft IS/MND and prepare the document for public release and distribution. At the conclusion of this task, Consultant will coordinate public release of the IS/MND and NOC for a 20- or 30-day review period. As part of this task, if requested by the City, Consultant will prepare the Notice of Intent (NOI). Consultant can also post the IS/MND, Appendices, NOI, and NOC to the State Clearinghouse website on behalf of the City, if requested. Consultant can also post the NOI with the San Bernardino County Clerk, if requested. Task 4.4. Responses To Comments - MND During the public review period and immediately afterward, Consultant will draft responses to public comments and collaborate with the project team to address any comments that raise significant issues or require additional analysis beyond what has already been completed under the Technical Studies task outlined in this proposal. For this task, Consultant assumes no more than 30 hours of staff time will be required to complete the work efficiently and thoroughly. If a substantial number of comments are received, Consultant will notify the project team promptly to discuss potential implications, including the need for a change order to cover additional costs. Task 4.5. Final Initial Study — MND and NOD Consultant will compile the Final IS/MND document addressing any changes associated with the responses to comments for the Planning Commission hearing and send it to the project team and the City. Upon the City's approval of the environmental document, Consultant will coordinate filing of the Notice of Determination (NOD). TASI{ 5. MEETINGS AND PUBLIC HEARINGS Task 5.1. Meetings To effectively manage the costs of the project, Consultant will attend half-hour bi-weekly conference calls (briefings) to update City staff on upcoming deliverables and discuss any potential issues that may impact the scope of work for the approximately 8-month duration of the project. Consultant 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, Consultant will be available to the City staff to answer questions, address concerns, or to clarify issues as they arise. If the CEQA schedule extends beyond 8 months, an additional budget will likely be required. 17 I:1cmolAgreemenlslEnvironmental Planning Development Solutions, Inc-FY2526-059.doc-jl CA-7.2 (12.8.21) Task 5.2. Public Hearings Consultant will attend public hearings held for the proposed project. These hearings are anticipated to include one Planning Commission hearing and one City Council hearing. The Consultant Project Manager will be prepared to answer technical questions related to the EIR and relevant comments on the CEQA Document raised during the public hearing meetings. An air quality technical analysis specialist is expected to also be in attendance, as included in the budget. The budgeted hours per hearing includes hearing attendance, pre- hearing City meetings, and preparation performed by support staff. TASK 6. CEQA PROJECT MANAGEMENT AND COORDINATION Consultant's CEQA Project Manager will coordinate closely with the project team and City staff to ensure that the CEQA document and associated documents delivered to the City are legally defensible, accurate, and useful to decision makers considering the approval of the project. The project manager will also coordinate with City staff throughout the process not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays. The project manager will be the key contact for the project team and City, and will be responsible for managing (1) CEQA document task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local and state agencies relative to the environmental document and the environmental review process; (3) coordination and communications with the project team and City staff to ensure that their policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the CEQA document; and (4) ensuring that the environmental review process and the CEQA document satisfy the statutes and guidelines of CEQA and CEQA procedures. This scope of work assumes ongoing project management at an estimated I hour/week for the Project Manager and I hours/month for the principal -in -charge for the duration of the schedule as estimated in this proposal, excluding public review periods. 18 Bemo\AgreementsTavironmental Planning Development Solutions, Inc-FY2526-059.doc-jl EA-7.2 (12.8,21) EXHIBIT `B" PROJECT COSTS AND HOURLY RATES k Tasks Fee Type Fee Project Initiation F2. Project Kickoff Meeting Fixed Fee $1,595 Project Description Not to Exceed $4,710 Review of Existing Technical Studies Fixed Fee $3,350 3. Preparation of Technical Studies 3.1 Traffic Impact Analysis 3.1.1 Traffic Impact Analysis (TIA) Scoping Agreement Fixed Fee $5,000 3.1.2 Vehicle Miles Traveled (VMT) Analysis Fixed Fee $10,000 3.1.3 Level of Service (LOS) Analysis Fixed Fee $27,500 3.2 Air Quality, Energy, Greenhouse Gas, and Health Risk Analyses 3.2.1 Air Quality Impact Analysis Fixed Fee $5,265 3.2.2 Energy Demand Calculations Fixed Fee $2,425 3.2.3 Greenhouse Gas Emissions Analysis Fixed Fee $4,640 3.2.4 Construction Health Risk Assessment (HRA) Fixed Fee $5,720 3.3 Noise and Vibration Impact Analysis Fixed Fee $10,270 3.4 Technical Services Project Management Not to Exceed $7,695 4. Mitigated Negative Declaration (MND) 4.1 Administrative Draft Initial Study/ Mitigated Negative Declaration IS/MND Fixed Fee $20,050 4.2 Screencheck Draft MND Not to Exceed $6,820 4.3 Public Draft Initial Study - MND and MMRP Not to Exceed $4,480 4.4 Responses to Comments - MND Not to Exceed $5,460 4.5 Final Initial Study - MND Not to Exceed $4,580 5. Meetings and Public Hearings 5.1 Meetings Not to Exceed $4,140 5.2 Public Hearings Not to Exceed $5,500 6. CEQA Project Management and Coordination Not to Exceed $11,560 Estimated Expenses Not to Exceed $3,000 TOTAL $153,760 19 C\cmo\Agreements\Environmental Planning Development Solutions, Inc-FY2526-059.doe-jl EA-72 (12.8.2 p Consultant will perform the identified fixed fees time and materials basis billing rates: its professional services in the manner identified in the Agreement for and budgeted items, excluding direct expenses. Services provided on a or additional services will be charged based on the following hourly List of Standard Hourly Rates Position Level Hourly Rate President; Principal; Sr. Vice President; Vice President $350 - $425 Principal Planner; Director; Sr. Director $285 - $350 Senior Project Manager; Senior Planner; Senior Engineer $235 - $285 Project Manager; Associate 11 and III Planner; Associate Engineer; Sr. $190 - $265 Analyst Junior Project Manager; Assistant Project Manager; Associate I $165 - $210 Planner; Assistant Planner Analyst; Junior Engineer; Technical Editor; Sr. Project Coordinator $150 - $175 Project Coordinator; Drafter; Assistant Analyst $135 - $165 Support Staff $100 - $135 Once the maximum fee is reached, Consultant will stop work unless Consultant and Client agree to increase the maximum fee amount or Client agrees to pay for additional services in accordance with Consultant's billing rates identified herein. This rate schedule is subject to change due to the granting of wage increases and/or other employer benefits to field or office employees during the lifetime of this agreement. Document printing and preparation may be billed directly to Client's account at the printing company at no additional administrative cost. Consultant administrative cost at cost plus fifteen percent (15%) will be billed when under Consultant's account. All other reimbursable expenditures will be invoiced at cost plus fifteen percent (15n/u) handling fee. Sub -consultant costs not covered under this Agreement will be billed at cost plus twenty-five percent (25%). Mileage will be billed at the standard Federal rate as provided under Internal Revenue code. 20 C\emo\Agreements\Environmental Planning Development Solutions, Inc-FY252&059.doc-jl EA-7.2 (12.8.21) 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. EPD SOLUTIONS INC By: LDDate: p2�' Konnie Dobreca, VP of Environmental Planning 21 L1cmolAgreements\Environmental Planning Development Solutions, Inc-FY2526-059.doc jl