2009/04/14 City Council Resolution 2009-31RESOLUTION NO. 2009-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVING AN AGREEMENT FOR SERVICES BETWEEN THE
CITY OF ROHNERT PARK AND MICHAEL BRANDMAN ASSOCIATES FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
WALMART EXPANSION PROJECT — FILE NO.: PL2009 -002
WHEREAS, the City of Rohnert Park solicited proposals to prepare an Environmental
Impact Report (EIR) for the WalMart Expansion Project located at 4625 Redwood Drive
pursuant to the requirements of the California Environmental Quality Act (CEQA),
WHEREAS, the City has received and reviewed a proposal to prepare the EIR for the
WalMart Expansion Project from Michael Brandman Associates hereafter referred to as "MBA"
to complete the EIR document as required;
WHEREAS, the proponents for the WalMart Expansion Project are responsible for
funding the required EIR work per the proposal and for providing an administrative fee to the
City equal to 20 percent of the contract price for the EIR work;
WHEREAS, the City Council has, authorized the Interim City Manager to execute
agreements with the firms listed in the approved environmental consultant list;
WHEREAS, Staff has prepared an Agreement for Services between the City of Rohnert
Park and MBA regarding the preparation of the EIR for the WalMart Expansion Project;
WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered
the information contained in the Staff Report and all relevant materials regarding the Agreement
of Services between the City of Rohnert Park and MBA.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve
said Agreement of Services.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute this agreement in substantially similar form to the attached agreement for and on behalf
of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED on this 14th day of April, 2009.
ATTEST:
19
CITY OF ROHNERT PARK
BELFORTE: AYE(%CALLINAN: AYE 1ViWNENTE: AYE STAFFORD: AYE BREEZE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into on this date, April 14. 2009
by and between the City of Rohnert Park, hereinafter referred to as the "City," and Michael
Brandman Associates, hereinafter referred to as the "Consultant."
WHEREAS, the City requires the preparation of an Environmental Impact Report to be
prepared by outside consultants pursuant to the California Environmental Quality Act;
and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORK. Consultant shall perform those services described in the Preparing an
Environmental Impact Report for the Rohnert Park WalMart Store Expansion dated March 20, 2009
including the Exhibit "A" Scope of Work and Schedule of Performance within the time frames
stated therein.
2. COORDINATION. Consultant shall assign Jason Brandman, Vice President, to
personally participate in said project and to coordinate the activities of the Consultant.
COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in the Compensation Rates and Charges attached as Exhibit 'B," the
total sum not to exceed $285,740 (Two hundred eighty -five thousand, seven hundred forty dollars).
Progress payments will be tied to completion of tasks so all payments are proportional to the work
completed. Payment by City under this Agreement shall not be deemed a waiver of defects, even if
such defects were known to the City at the time of payment.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten (10)
percent retained by City will be held until 30 days after final completion and acceptance of the
contract work.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City. In
the event the City has not appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of
the current fiscal year; payment for additional work is conditional upon future City appropriation.
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
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5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed
as follows:
TO CITY: DEPT. OF COMMUNITY DEVELOPMENT
CITY OF ROHNERT PARK
130 AVRAM AVENUE
ROHNERT PARK, CA 94928
TO CONSULTANT: JASON BRANDMAN - VICE PRESIDENT
2633 CAMINO RAMON, #460
SAN RAMON, CA 94583
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Failure of the Consultant to secure City's written authorization for
extra or changed work shall constitute a waiver of any and all right to adjustment in the contract
price or time due, whether by way of compensation, restitution, quantum merit, etc. for work done
without the appropriate City authorization.
7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for
any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as
they are complete and acceptable to the City, and pay the Consultant such equitable proportion of
the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the terns
of this Agreement.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct any
defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for
delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or
as otherwise agreed upon between the Consultant and the City. In such event, compensation as set
forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to
the Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain any ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to City for a minimum period of
three (3) years, or for any longer period required by law make these records available for inspection,
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audit, and copying by the City. All data, documents, discussions, or other information developed or
received by or for Consultant in performance of this Agreement are confidential and not be
disclosed to any person except as authorized by City or as required by law.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, City, its officers, employees and agents from and against any and all
actions, claims, demands, damages, disability, losses, expenses including attorney's fees and other
defense costs and liabilities of any nature that may be asserted by any person or entity including
Consultant, in whole or in part, arising out of Consultant's activities hereunder, including the
activities of other persons employed or utilized by Consultant in the performance of this Agreement
(including design defects and regardless of City's approval, use or acceptance of the work or work
product hereunder), to the extent caused by the Consultant's negligence, recklessness or willful
misconduct, excepting liabilities due to the negligence or willful misconduct of the City. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Consultant under Worker's Compensation, disability or
other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
Agreement.
14. INSURANCE. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit "C" Insurance Requirements to
this Agreement.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in its profession in rendering services under this Agreement. Consultant agrees that the
acceptance of his work by City shall not operate as a waiver or release of said obligation of
Consultant. The absence, omission, or failure to include in this Agreement, items which are
normally considered to be a part of generally accepted professional procedure or which involve
professional judgment shall not be used as a basis for submission of inadequate work or incomplete
performance.
16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation
is brought against City in connection with Consultant's report. Unless the action is brought by
Consultant or is based upon Consultant's negligence, City will compensate Consultant for the
preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of
the litigation brought by City against Consultant.
17. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working for
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the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or making this
Agreement. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such.fee, commission, percentage, brokerage
fee, gift, or contingent fee.
18. CONFLICT OF INTEREST. Consultant (including principals, associates, and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered by
this contract or any other source of income, interest in real property or investment which would be
affected in any manner or degree by the performance of Consultant's services hereunder.
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.
19. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes
within the definition of Consultant under the Political Reform Act (Government Code §87100),
Consultant shall complete and file and shall require any other person doing work under this
Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of
Rohnert Park disclosing Consultant and/or such other person's financial interests.
20. MERGER. This Agreement shall constitute the entire Agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the same
subject matter. No modification of this Agreement shall be effective unless and until evidence by a
writing is signed by both parties.
21. DEFAULT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an
amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
22. NO WAIVER OF BREACH; TIME. The waiver by City of any breach of any term
or promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision or any subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder.
23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
24. ATTORNEY FEES, APPLICABLE LAW AND FORUM. In the event either party
brings an action or proceeding for damages arising out of the other's performance under this
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Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
25. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. Consultant is not to be considered an
agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus
or similar benefits City provides its employees. In the event City exercises its right to terminate this
Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under
rules, regulations, ordinances or laws applicable to employees.
26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable-and responsible to pay such taxes
and other obligations, including, but not limited to, state and federal income and FICA taxes.
Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to
the United States for to the State of California as a consequence of Consultant's failure to pay, when
due, all such taxes and obligations.
27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color,
religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall
take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds.
28. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his/her work hereunder.
Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications
and approvals of whatsoever nature which are legally required for Consultant to practice
Consultant's profession and to do the work hereunder. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his/her profession and do the work contemplated by this Agreement.
29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared
or obtained under the Agreement shall be made available, upon request, to the City without
restriction or limitations on their use. Consultant shall not be liable in any way for the unapproved
use, re -use, or modification of the deliverables or other documents of service without the
Consultant's express written authorization. Consultant may retain copies of the above - described
information but agrees not to disclose or discuss any information gathered, discussed or generated in
any way through this Agreement without the written permission of City during the term of this
Agreement or until ninety (90) days after receipt of final payment from City.
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30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be
interpreted as though they were a product of a joint drafting effort and no provisions shall be
interpreted against a party on the ground that said party was solely or primarily responsible for
drafting the language to be interpreted.
31. EXECUTION. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement,
it shall not be necessary to produce or account for more than one such counterpart.
32. AUTHORITY. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK:
By: X1'1 =�1
Name: Arnie Breeze (Date)
Title: Mayor
Per Resolution No. 2009 -31 adopted
by the City Council on 4 / 14 / 09
ATTEST:
19
City
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
By:
ame: so r an
dman (Date)
T' :Vic resident
PA -
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Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
PROJECT DESCRIPTION /UNDERSTANDING
Existing Conditions
The 12.96 -acre project site is located at 4625 Redwood Drive on the west side of the City of
Rohnert Park. The project site contains an existing 131,532- square -foot conventional
Walmart discount store (Store #1755), parking areas, and a turf area. The existing Walmart
store features a Garden Center, a food tenant (McDonald's), a pharmacy, a photo center, a
vision center, and a medical clinic. The store is served by several access points, including two
points with Redwood Drive, two points with Dowdell Avenue, and internal points with the
neighboring retail uses to the north and south.
Surrounding land uses consist of Dowdell Avenue and rural residential uses located in
unincorporated Sonoma County (west); a Linens n' Things store and associated parking areas
(north); Redwood Drive, U.S. 101, and undeveloped land (east); and a Home Deport, two
multi- tenant retail building, and freestanding retail structures (south).
The project site is designated "Regional Commercial" by the General Plan and zoned
"Regional Commercial (GR)" by the Zoning Ordinance.
Proposed Project
The proposed project consists of expanding the existing Walmart store and by 35,226 square
feet to 166,788 square feet. For the purposes of providing a conservative analysis, the store
expansion will be evaluated at 40,260 square -feet and total store square footage will be
171,792.
The expansion would involve extending the existing store's southern wall by 95 feet to the
south. The area currently contains a parking area and the turf area. The northern portion of
the store would also be expanded into the existing outdoor garden center. In addition, minor
changes to the architectural shell would be implemented.'
As part of the expansion, the store would increase the general merchandise sales area by
3,701 square feet, the food sales area by 23,403 square feet, and the outdoor garden center
by 1,401 square feet. Support and backroom areas of the store would also be increased in
size. The expanded Walmart store would operate 24 hours a day, 7 days a week.
The proposed project would develop new parking on the north side of the store and provide
785 off - street spaces, which would exceed the City's minimum requirement of 1 space per
300 square feet of building area and 1 space per 1,000 square feet of outdoor sales area.
Proposed Work Plan
MBA has thoroughly reviewed the proposed project site plan and has retained highly qualified
economic and traffic consultants to assist in preparing the EIR. We are poised to initiate work
with the City in preparation of the EIR and associated technical studies, in addition to
providing a thorough peer- review of any assessments or studies performed by the applicant.
27
}
Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE "1
MBA is prepared to take responsibility for the following tasks to assist the City to the extent
presented in the scope of work below:
• Initiation and organization
• Data compilation
• Impact assessment
• Development of mitigation measures
• Compilation and distribution
• Legal monitoring and review
• Response to public comments on the Draft EIR
• Public meetings and hearing attendance
• Assistance in the coordination between the City and the MBA project team
• Preparation of the findings of fact and statement of overriding considerations
• Preparation of a mitigation monitoring and reporting program
Report format and content will be in full compliance with CEQA Guidelines. EIR organization
will include existing conditions, impacts, and mitigation measures discussions addressing
typical issues. MBA will supplement text with graphics and summary tables to present
information in a concise and easy -to- understand format.
The proposed scope of work that follows is organized into major tasks. Refinements to the
scope of work, budget, and project schedule will be discussed during the initial task, if
needed.
TASK 1: PROJECT DESCRIPTION AND BACKGROUND
The MBA project manager will meet with City staff to obtain information necessary for
preparation of complete project and alternatives descriptions, establish early communication
among various project team members, and become familiar with the issues and concerns
identified for analysis.
To facilitate this process, MBA will:
• Attend an initial orientation meeting with City staff to review the proposed project scope
of work and confirm the elements that will be included in descriptions of the project and
alternatives to the proposed project.
• Receive complete project information, approved by the City, to be used in developing an
EIR project description. Information will include project objectives (including those of the
City and the applicant), land use data and statistical summary, and graphics.
• Receive alternative site criteria, conceptual site plans, land use data, and narrative
program descriptions of project alternatives from the City (with input from the applicant,
as directed by the City), sufficient to develop the EIR description of alternatives to the
proposed project.
■ Refine the project schedule, based upon agreements reached during contract
negotiations and on information discussed at the initial meeting, if needed.
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Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
Receive all existing reference and research materials related to the project, the project
site, and vicinity, including base maps, aerial photographs, and environmental
documentation, if appropriate.
Review of site - specific data, conduct a field visit, interview relevant parties such as City
and other agency staff to document baseline conditions, and review the City's CEQA
procedures, as appropriate.
TASK 2: NOTICE OF PREPARATION
MBA will prepare the Notice of Preparation (NOP) for the project, which will include the
appropriate City form, a project description, project exhibits, and a discussion of
environmental issues. MBA will reproduce 25 copies of the NOP and distribute 15 copies
(CD /PDF) to the State Clearinghouse. The remaining 10 copies will be mailed to City staff. One
camera -ready original and one CD /PDF- formatted copy of the NOP will also be submitted to
the City. This work plan assumes that no Initial Study will be prepared.
TASK 3: SCOPING PROCESS
MBA will coordinate with City staff to conduct a scoping meeting for the proposed project.
MBA will be responsible for collecting and compiling all information provided by the public for
consideration in determining the issues to be analyzed in the EIR. MBA will assist the City staff
to determine the format, strategies, and content of the scoping presentation as well as in
preparing and noticing the meeting, and preparing visuals, handouts, and other meeting
logistics, as necessary.
TASK 4: ADMINISTRATIVE DRAFT EIR
MBA will prepare the Administrative Draft EIR and submit five copies to the City for review, to
include the following:
Project Description. One of the first key actions will be to formulate a working description
for the project and project alternatives. MBA will work with the City to prepare a
description that articulates the project's overall objectives. MBA will prepare the project
description section of the EIR, based upon information provided during project initiation
and comments received on the NOP, to include:
- Regional and local setting
- Project goals and objectives of the City and the applicant
- Project characteristics and important project features
Intended uses of the EIR (as required by CEQA Guidelines Section 15124(d)) will be
provided, including a list of responsible and other agencies expected to use the EIR in
decision making, and a list of approvals for which the EIR will be used.
Cumulative Projects Identification. MBA will describe the reasonably foreseeable
projects within a City - approved defined study area that may result in cumulative impacts
associated with the proposed project. MBA will work closely with City staff to ensure the
EIR is prepared at the appropriate level of detail and pertinent projects are evaluated. As
identified above, MBA assumes the City will provide information on all reasonably
anticipated projects so cumulative projects can be adequately addressed.
29
■ Effects Found to be Not Significant. MBA will describe effects found not to be
significant, in accordance with CEQA Guidelines Section 15128, by listing them with brief
explanations of why they are not significant, or by referral to the NOP. Given the condition
of the project site and the nature of the proposed project, MBA assumes the following
environmental issues will result in no significant impacts:
- Agricultural Resources
- Cultural Resources
- Mineral Resources
- Population and Housing
- Recreation
If, in responses received on the NOP, any of the above issues are found to result in
potentially significant impacts that cannot be mitigated, these issues will require
evaluation in the EIR. Revisions to the scope and budget will be discussed with the City.
■ Establishment of Thresholds of Significance. MBA will work with the City to establish
thresholds of significance for each environmental issue to be addressed in the EIR. In
addition to the general standards of significance identified in the CEQA Guidelines, there
are established thresholds applicable to this project including, but not limited to:
- Air quality (Bay Area Air Quality Management District [BAAQMD])
- Biological resources (California Department of Fish and Game [CDFG] and United
States Fish and Wildlife Service [USFWS])
- Hydrology and water quality (City, Regional Water Quality Control Board)
- Noise (City and Caltrans)
- Traffic (City)
- Energy (Appendix F, Energy Conservation, CEQA Guidelines)
- Urban decay (industry- accepted standards for retail impacts)
The thresholds will be stated in each topical section of the EIR to clearly illustrate
analytical process used to identify potential project effects. MBA anticipates current
thresholds will primarily be used.
■ Effects Identified as Potentially Significant. MBA will conduct an environmental analysis
of the proposed project to include the documentation of baseline conditions, conducting
project and cumulative impact evaluations, and formulating mitigation measures for each
environmental issue.
We have included in this scope of work technical studies or analysis of air quality,
biological resources, cultural resources, and noise. We assume the project applicant's
engineer will provide the following technical studies or documents for our use in
preparing the EIR: geotechnical investigation, Phase I Environmental Site Assessment,
30
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Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
Cumulative projects may be defined within a specified area around each project site as
(1) projects constructed but not occupied, (2) projects approved but not constructed,
-t
(3) pending projects for which pre - filing or filing of an application with its respective lead
agency has occurred, and (4) anticipated or announced projects for which no application
"'
has yet been filed with the lead agency. However, note the evaluation area for cumulative
impacts would vary, depending upon the technical issue to be addressed. For instance,
the evaluation area for air quality encompasses the local air basin, while the evaluation
ti
area for traffic encompasses the local roadway network. Findings of recent court cases
will be used to address all pertinent issues. Cumulative projects will be discussed for
'T
each technical issue. Growth- inducing impacts will be evaluated separately in the EIR.
Yj
■ Effects Found to be Not Significant. MBA will describe effects found not to be
significant, in accordance with CEQA Guidelines Section 15128, by listing them with brief
explanations of why they are not significant, or by referral to the NOP. Given the condition
of the project site and the nature of the proposed project, MBA assumes the following
environmental issues will result in no significant impacts:
- Agricultural Resources
- Cultural Resources
- Mineral Resources
- Population and Housing
- Recreation
If, in responses received on the NOP, any of the above issues are found to result in
potentially significant impacts that cannot be mitigated, these issues will require
evaluation in the EIR. Revisions to the scope and budget will be discussed with the City.
■ Establishment of Thresholds of Significance. MBA will work with the City to establish
thresholds of significance for each environmental issue to be addressed in the EIR. In
addition to the general standards of significance identified in the CEQA Guidelines, there
are established thresholds applicable to this project including, but not limited to:
- Air quality (Bay Area Air Quality Management District [BAAQMD])
- Biological resources (California Department of Fish and Game [CDFG] and United
States Fish and Wildlife Service [USFWS])
- Hydrology and water quality (City, Regional Water Quality Control Board)
- Noise (City and Caltrans)
- Traffic (City)
- Energy (Appendix F, Energy Conservation, CEQA Guidelines)
- Urban decay (industry- accepted standards for retail impacts)
The thresholds will be stated in each topical section of the EIR to clearly illustrate
analytical process used to identify potential project effects. MBA anticipates current
thresholds will primarily be used.
■ Effects Identified as Potentially Significant. MBA will conduct an environmental analysis
of the proposed project to include the documentation of baseline conditions, conducting
project and cumulative impact evaluations, and formulating mitigation measures for each
environmental issue.
We have included in this scope of work technical studies or analysis of air quality,
biological resources, cultural resources, and noise. We assume the project applicant's
engineer will provide the following technical studies or documents for our use in
preparing the EIR: geotechnical investigation, Phase I Environmental Site Assessment,
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hydrology and drainage study, and utility loads projections. MBA will review the studies
and data for CEQA adequacy. After determining the studies are adequate, we will
summarize and incorporate them into the EIR. Traffic analysis and economic study (urban
decay) will be conducted by W -Trans and Bay Area Economics, respectively. The MBA
project team will address the remaining issues in the EIR.
Aesthetics, Light, and Glare. MBA will evaluate the existing aesthetics, light, and glare
conditions within and near the project site and evaluate potential impacts that may occur
from the proposed project. The proposed project's aesthetic impacts will be evaluated
through the use of ground -level photographs and architectural elevations provided by the
applicant. Impacts will be assessed in terms of visibility of the project, alteration of the
visual setting, and sensitivity of viewpoints. Potential glare impacts from operation of the
proposed project, including scale and illumination in relation to existing development, will
also be evaluated. Of particular concern are nearby residential uses located west of
Dowdell Avenue.
Air Quality. The proposed project would expand the existing Walmart store. Accordingly,
the project would result in construction - related and operational - related emissions of air
pollutants and greenhouse gases. In recognition of the need to provide a comprehensive
evaluation of the proposed project's impacts on air quality, MBA will prepare an Air
Quality Analysis that will quantify project emissions and identify mitigation measures to
reduce potentially significant air quality impacts to the extent feasible. A detailed
discussion of MBA's scope of work for an air quality study is provided below.
- Task 1- Data Collection. MBA will collect relevant project and site background
.information, including base graphics showing the project area and vicinity, the
proposed project and adjacent land uses, and a copy of the traffic study prepared for
the project. Ambient air quality data for the project area will be collected from the
BAAQMD and the California Air Resources Board (CARE). MBA will identify the current
attainment status of federal and state standards, and current BAAQMD attainment
plans. Project description and related documents will be reviewed for potential air
quality impacts and to identify project design features and sustainability features that
help reduce air quality impacts.
- Task 2 - Emissions Calculations. Construction and operational emissions will be
estimated using emission factors and methodologies developed by CARB), BAAQMD,
and other agencies. Construction and operational emissions will be quantified using
the URBEMIS2007 Version 9.2 transportation and land use program. Vehicle
emission factors will be generated for the proposed project using CARB's
EMFAC2007 v2.3. The operational analysis will evaluate the increase in operational
emissions above the existing site operations that are attributable to the expansion
project, and quantitatively or qualitatively include project design features and
sustainability features as appropriate.
The localized impact assessment will include a CO Hot-Spot Analysis. If preliminary
screening indicates that potential exists for a CO hot spot, a minimum of three
intersections will be evaluated. These intersections would have the highest potential
for congestion using the California Department of Transportation CALINE4 and the
EMFAC2007 models. If these intersections are predicted to exceed the CO standard,
remaining intersections that meet the criteria for further analysis will also be
modeled for CO hotspot impacts. Up to 10 intersections may be evaluated.
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Task 3 - Health Risk Assessment. MBA will prepare a stand -alone Health Risk
Assessment that will identify cancer and non - cancer risks at nearby sensitive
receptors. MBA will calculate the project's generated concentration of diesel
particulates from heavy -duty diesel truck activity in the immediate vicinity of the
project site and truck routes, using the EPA's AERMOD air dispersion model and
BAAQMD guidance for air dispersion modeling. In addition, MBA will estimate the
concentration of diesel particulates from Transportation Refrigeration Units (TRUs)
and back -up diesel generators.
Toxic air contaminant emission factors will be generated using approved
methodologies from the ARB, BAAQMD or EPA for relevant mobile sources and other
sources of toxic air contaminant emissions. Various emission parameters— including
location on the project site, operational profiles, and emission rates required to
perform the air quality analysis —will be established. Such informational needs
include a site plan, expected inventory of delivery trucks to each of the project's
loading docks, and TRU use data. Note some of these items may not be readily
available. In this case, every effort will be made to quantify these items using the
best available information for comparable data sources.
Cancer and non - cancer health risks associated with project - generated diesel
particulates will be predicted using the cancer risk potency factor method for cancer
risk due to diesel particulates, and the Reference Exposure Level (REF) for non -
cancer health risks of diesel particulates, developed by Office of Environmental
Health Hazard Assessment (OEHHA). The appropriate modeling information will be
used to identify the maximum exposed individual resident (MEIR), the maximum
exposed individual worker (MEIW), and the maximum individual cancer risk (MICR -
the greater of the MEIR and MEW).
Task 4 - Climate Change Analysis. The Air Quality section of the EIR will describe
the basics of climate change and provide the federal, state, and local regulatory
environment for climate change and greenhouse gases. The following significance
threshold will be used: "Does the project comply with the provisions of an adopted
Greenhouse Gas Reduction Plan or Strategy? If no such Plan or Strategy is
applicable, would the project significantly hinder or delay California's ability to meet
the reduction targets contained in AB 32 ?" Sonoma County and the cities therein
adopted a greenhouse gas emission reduction target for municipal operations, as
well as the Sonoma County Community Climate Action Plan (CCAP). The CCAP
contains 39 solutions in 11 categories to achieve the municipal operations emission
reduction target. The CCAP was designed and adopted for control of greenhouse gas
emissions related to municipal operations, not general growth and development.
Therefore, MBA will analyze the project's potential greenhouse gas impact relative to
the state's implementation of AB 32.
The significance analysis will include the project's greenhouse gas emissions
inventory and the project's implementation of current California greenhouse gas
emission reduction strategies. The project's construction and operational greenhouse
gas inventory will be calculated using the most current version of URBEMIS, CARB's
EMFAC2007 model, and /or U.S. EPA emission factors. The inventory will include the
off -site emissions resulting from energy generation based on estimated energy
usage.
The analysis would include project design features and sustainability measures that
reduce direct and indirect greenhouse gas emissions from the project. MBA will
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assess the project's implementation of current California greenhouse gas emission
reduction strategies, including applicable solutions contained in the CCAP.
- Task 5 - Develop Mitigation Measures. In accordance with CEQA requirements and
the BAAQMD's CEQA Handbook, the air quality analysis will propose mitigation
measures for air quality impacts that are potentially significant. The air quality
analysis will address reasonable ways to mitigate air pollutant and greenhouse gas
emissions through strategies such as construction best practices, energy
conservation, shorter or fewer vehicle trips, increased use of alternative
transportation, etc. Where quantification methodologies are available, mitigation
measures will be quantified. The air quality analysis will then assess the impact
significance after the application of mitigation.
MBA will summarize the findings of the Air Quality Analysis and Health Risk Assessment
in the EIR. The Health Risk Assessment, and detailed emission calculations and modeling
outputs from the Air Quality Analysis will be provided as an appendix to the EIR.
Biological Resources. Although the project site is in a developed condition, there are
mature trees and shrubs located throughout the project site that may be suitable to
provide nesting habitat for birds protected by the Migratory Bird Treaty Act (MBTA). An
MBA ecologist/botanist will conduct queries of biological databases (e.g., the California
Natural Diversity Data Base) to determine the potential for special status plant and
wildlife species to occur on the project site. Results from these queries also will be used
in preparation of the Biological Resources portion of the EIR. MBA will evaluate the
potential for project construction activities to adversely affect special- status species. In
addition, MBA will evaluate project consistency with locally adopted biological policies
and ordinances (e.g., tree removal ordinance).
Geology, Soils, and Seismicity. Sonoma County is a seismically active region of
California; therefore, the proposed store expansion may be exposed to seismic hazards.
MBA will evaluate the geologic, soil, and seismic conditions within the project site and the
potential impacts that may occur from the proposed project. This work plan assumes the
project applicant will provide a geotechnical investigation, prepared by a qualified
geologist or engineer, that addresses issues including but not limited to fault rupture,
ground shaking, liquefaction and liquefaction - related phenomena, landsliding, soil
suitability, etc. MBA will summarize the findings of the geotechnical investigation in the
EIR. The geotechnical investigation will be provided as an appendix to the EIR.
Hazards and Hazardous Materials. The proposed project would expand the existing
store; therefore, there is the potential for hazards and hazardous materials to be
encountered during construction activities. MBA will evaluate the potential for the
proposed project to create significant public safety hazards or expose human health or
the environment to hazardous materials. This work plan assumes the project applicant
will provide a Phase I Environmental Site Assessment prepared by a Registered
Environmental Assessor that addresses issues including but not limited to past usage of
the project site, the presence of hazardous materials on the project site, and potential
hazards on near the project site. MBA will summarize the findings of the Phase I
Environmental Site Assessment in the EIR. The Phase I Environmental Site Assessment
will be provided as an appendix to the EIR.
■ Hydrology and Water Quality. The proposed project would develop additional impervious
surfaces on the project site, which may have potential water quality and drainage
impacts. MBA will evaluate the hydrologic and water quality conditions within the project
site and evaluate potential impacts that may occur from the proposed project. This work
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plan assumes the project applicant will provide information about proposed drainage and
stormwater quality treatment measures. MBA will summarize the relevant information in
the EIR.
Land Use. The proposed project would expand the existing store and alter store
operations. Accordingly, MBA will evaluate the proposed project's consistency of
proposed project with adopted land use plans such as the General Plan and Zoning
Ordinance and the potential for the proposed project to create land use conflicts with
surrounding land uses. Project consistency with relevant policies of the General Plan will
be evaluated in a matrix. Project compliance with Zoning Ordinance development
standards will also be analyzed.
Noise. The proposed project would expand the existing Walmart store, which would result
in additional traffic - related noise (including truck trips) and additional stationary noise
(roof -top mechanical equipment). These additional noise sources are of most concern as
they related to the rural residential uses on the west side of Dowdell Avenue. Accordingly,
the proposed project would have the potential to create noise and vibration impacts that
could adversely affect surrounding land uses. Accordingly, MBA will prepare a Noise
Analysis will consist of:
- Task 1- Data Collection. MBA will obtain copies of all applicable noise regulations
(City, State, or other relevant agency) and identify transportation- related noise
sources such as major arterial roadways, and stationary (non - transportation related)
noise impacts from adjacent land uses to the project study area.
- Task 2 - Noise Monitoring. An MBA noise analyst will evaluate the existing noise
environment and obtain short-term noise measurements in the project vicinity at up
to eight locations in order to determine the ambient noise conditions.
- Task 3 - Construction Noise Modeling. MBA will utilize SoundPlan to model
construction noise impacts on surrounding land uses.
- Task 4 - Vibration Analysis. MBA will utilize the Caltrans Transportation- and
Construction - Induced Vibration Guidance Manual as the basis for evaluating
construction and operational vibration. Typically, vibration impacts can be readily
assessed qualitatively; however, if deemed necessary, MBA will quantify estimated
vibration levels.
- Task 5 - Offsite Roadway Noise Modeling. MBA will utilize the Federal Highway
Administration (FHWA) prediction model to calculate the existing and future offsite
traffic noise contours at the roadway segments included in the Traffic Study prepared
for the proposed project. The future noise contributions will be calculated by
comparing the pre - project and post - project noise contours on the study area
roadways and comparing the results with the applicable noise standards.
- Task 6 - Combined Onsite Stationary and Transportation Source Modeling. MBA
will utilize SoundPlan to model onsite sources of stationary and transportation noise
and impacts on nearby land uses, including sensitive receptors (i.e., the rural
residential uses west of Dowdell Avenue). The modeling will include a combined
analysis of stationary and transportation noise and will be presented in graphical
form to illustrate noise contours. MBA will qualitatively address tonal content (pure
tone) impacts from project operations (i.e., Transportation Refrigeration Units);
however, if deemed necessary, MBA can model tonal content in SoundPlan.
MBA will summarize the findings of the Noise Analysis in the EIR. Modeling outputs from
the Noise Analysis will be provided as an appendix to the EIR.
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Public Services and Utilities. MBA will evaluate existing public service and utility service
levels within the project vicinity and evaluate potential impacts that may occur from the
proposed project. In particular, MBA will consider the effects 24 -hour store operations on
public service providers. MBA will consult with affected public service and utility purveyors
to assess potential impacts of the proposed project. This work plan assumes that the
project applicant will provide information about the proposed project's utility loads. In
addition, this work plan assumes the City will provide MBA with a copy of its most recent
water supply planning document (e.g., the Urban Water Management Plan). The following
services, facilities, and utility systems will be analyzed:
- Police Protection
- Fire Protection
- Water Supply
- Wastewater
- Storm Drainage
Solid Waste
- Energy (Appendix F of the CEQA Guidelines)
Letters describing the proposed project will be sent to all service and utility agencies.
Answers will be requested to document existing and planned facilities' current and
planned usages and excess capacities. The additional capacity required to meet
projected needs will be described. MBA will assess anticipated impacts and recommend
appropriate mitigation measures.
■ Transportation. The proposed project would expand the existing Walmart store and,
therefore, generate additional vehicle trips; increase parking demand; and affect bus,
bicycle, and pedestrian access to the project site. This analysis will be based upon the
stand -alone Traffic Impact Study prepared by W- Trans. The traffic impact study will be
based on the following development conditions, as follows:
Task 1- Environmental Setting: Relevant background documents such as the
City's General Plan and approved environmental documents for other projects in the
area will be reviewed and details relevant to the current effort identified. Goals,
policies and programs from the General Plan Transportation Element will be
indicated as appropriate. The thresholds of significance for the circulation analysis
will be determined from CEQA guidelines together with criteria set by the City of
Rohnert Park, County of Sonoma, and Caltrans. These thresholds will be defined in
the circulation section.
New weekday afternoon peak hour and Saturday midday peak hour turning
movement counts will be obtained for the following 10 study intersections:
• Redwood Drive /Commerce Boulevard
• Redwood Drive /US 101 South Ramps - Wilfred Drive
• Commerce Boulevard /Golf Course Drive
• Country Club Drive /Golf Course Drive
• Roberts Lake Road /Golf Course Drive
• Commerce Boulevard /US 101 North Ramps
• Dowdell Avenue /Millbrae Avenue
Emil • Dowdell Avenue/Wilfred Avenue
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Rohnert Park Walmart Expansion Project Environmental Impact Report
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• Stony Point Road /Millbrae Avenue
• Stony Point Road /Wilfred Avenue
Task 2 - A TRAFFIX network will be developed to include all of the existing study
intersections and new traffic counts, as well as planned future intersections upon the
reconfiguration of the Wilfred Avenue -Golf Course Drive interchange. In order to
assess potential queuing interactions among the closely spaced interchange
intersections, a SYNCHRO /SIMTRAFFIC network will be developed for Wilfred Avenue -
Golf Course Drive between Dowdell Avenue and Roberts Lake Road.
Task 3 - Field conditions will be field surveyed to verify right -of -way controls, lane
configurations, and signal phasing. Existing Conditions at the 10 study intersections
will be determined. Level of Service (LOS) calculations will be based on Highway
Capacity Manual 2000 methodologies. Results of the analysis will be described in
the text and summarized in a Level of Service table. Copies of all calculations will be
provided in a technical appendix.
Task 4 - Baseline traffic conditions will be developed for the weekday p.m. and
weekend midday peak hours for the anticipated year that the project is expected to
become operational. In order to establish projected traffic volumes for this scenario,
a list of the approved projects expected to be completed by the short-term year will
be obtained from City Staff. The trips associated with this development will then be
distributed to the study area road network. The results of the baseline analysis will be
presented as indicated above for Existing Conditions. Intersection LOS on the Wilfred
Avenue -Golf Course Drive corridor near the freeway interchange will be developed
using SYNCHRO.
SYNCHRO and /or SIMTRAFFIC will also be used to determine the adequacy of turn
pocket lengths at these intersections.
Task 5 - Projected future volumes at the study intersections will be obtained from
the Sonoma County Transportation Authority's 2035 traffic model and used along
with planned future geometrics to evaluate long -term operation under the model's
2035 forecast year. The results of this analysis will be presented as indicated above
for the Baseline scenario. Because the SCTA traffic model projects only weekday
traffic volumes, the year 2035 scenario will focus only on the weekday afternoon
peak hour.
Task 6 - Mainline traffic operation during the weekday afternoon peak hour will be
determined for segments of US 101 to the north and to the south of the Wilfred
Avenue freeway interchange for Existing, Baseline, and Future conditions. Collision
history data available in SWITRS reports will be reviewed to determine if any of the
study intersections have experienced more collisions than would be expected. Transit
service, including routes and frequency of service, will be described and presented
graphically. Existing pedestrian facilities in the study area will be field surveyed and
described. Information regarding existing bicycle facilities along the primary roadways
will be obtained from the City of Rohnert Park's Bicycle Plan and described. Existing
parking facilities at the project site will be field reviewed and described in general
terms.
MiCMO{'NYX1N4iiM'AIMi
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Task 7 - Impacts and Mitigations. Development assumptions will be obtained and
used along with use - specific trip generation information to project the added traffic
associated with the proposed project. Project - generated trips will be distributed to
the road network based on patterns evident in the SCTA traffic model, in combination
with those established for use in evaluating nearby developments such as the
Wilfred- Dowdell Specific Plan area to the south of the project site. Pass -by and
diverted link trips will be based on information published by the Institute of
Transportation Engineers (ITE).
The TRAFFIX model will be used to determine volumes under Baseline and Future
scenarios upon the addition of project - generated traffic. Intersection operating
conditions will then be determined, and any results that do not meet the overseeing
jurisdiction's established operational standards will be identified. Traffic operation
during the weekday afternoon peak hour will be evaluated under both the Baseline
plus Project and Future plus Project scenarios. Operation during the weekend midday
peak hour will also be evaluated under Baseline plus Project scenario.
The project's weekday afternoon peak hour impacts to the US 101 segments north
and south of Wilfred Avenue will be assessed. Traffic volumes for all scenarios will be
provided to the noise and air consultants for their analysis. For any intersection that
is forecast to exhibit over - capacity operation, mitigation measures will be
recommended. Each mitigation measure will identify the specific action necessary
and expected level of significance after mitigation. Mitigation measures will also be
proposed for any potential project impacts resulting from site circulation and access
issues, including pedestrian and .bicycle modes as well as parking adequacy. Impacts
on non - motorized transportation modes as well as transit will be identified from a
qualitative, rather than quantitative, review of existing facilities and anticipated
future needs. Where appropriate, these will be indicated graphically. One alternative
land use scenario will be evaluated in a qualitative, but not a quantitative, manner.
- Task 8 - Draft EIR Section. An administrative draft report in a format that is
consistent with MBA's standard will be submitted for inclusion in the master
document. Comments from City staff will be addressed in order to prepare the Draft
EIR. W -Trans has assumed up to 14 hours to respond to staff comments.and prepare
the Draft EIR.
Prepare Final EIR Section: Comments on the Draft EIR will be responded to in order
to prepare the Administrative Final EIR. Up to 20 hours are included for response to
comments. Receipt of extensive comments or the need for re- analysis are specifically
excluded. Subsequent to staff review, comments will be incorporated and the Final
EIR submitted.
Meetings and Hearings: Preparation for and attendance at the scoping meeting are
included. Preparation for and attendance at one hearing are included.
■ Urban Decay. The proposed project would expand the retail square footage of the
existing Walmart store, including the general merchandise, food sales, and garden center
components. As such, there is the potential for the expanded store to divert a significant
amount of sales from competitors that may result in store closures, which could create
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Rohnert Park Walmart Expansion Project Environmental Impact Report
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conditions conducive to urban decay. The urban decay analysis will be based upon the
stand -alone economic report prepared by BAE, whose scope of work is below. r
— Project Start-up: This task will include a meeting or phone contact with City staff, the
EIR Consultant, or other parties to discuss the project, including goals and objectives,
schedule, expectations, and constraints, opportunities, and limitations of the study.
Background information including but not limited to the project application, site
plans, and taxable sales data, and previous studies will also be discussed and made
available to BAE if available at time of startup. This meeting can take place by phone
or in conjunction with the area tour discussed below.
— Identify Key Retail Nodes In Rohnert Park and Surrounding Communities: With
assistance from City staff, online research, and previous studies and experience in
Sonoma County, BAE will identify other major retail nodes in the area, focusing
particularly on existing, under construction, and planned supermarkets and general
merchandise outlets, since these are the stores most likely to be impacted by the
proposed Walmart expansion. As part of this assessment, BAE will also attempt to get
reliable information on the square footage of the major competing supermarket and
general merchandise outlets, either from local records or other sources, such as
retail real estate brokers, property managers, and store management.
This analysis will include an area tour to visit the major competing retail nodes and to
assess "on the ground" how well these nodes are faring, by observing the level of
customer traffic, the general level of retail vacancy and the vacancy level in specific
centers (especially noting vacancies of large /anchor spaces). Any existing
"urban /suburban decay" in retail centers will also be noted. This is key to the
findings, since existing conditions should not be attributed to the proposed project.
As part of this subtask, BAE will determine whether any additional retail centers are
planned for Rohnert Park and neighboring communities. Any such projects will be
considered in an analysis of potential cumulative impacts.
— Retail Sales Trends: BAE will analyze data regarding overall retail sales trends in the
area, with an emphasis on consideration of the categories of general merchandise
stores and food stores. The primary data source, taxable sales data from the State
Board of Equalization, will be published. BAE will also look at data from the California
Census of Retail Trade, which provides data from 2002. This source is useful in
providing total sales data rather than just taxable sales; this is critical to estimating
impacts in the supermarket sector, where most sales are not taxable. Additionally
BAE will use Zip Code Business Patterns to generate an estimate of sales in
unincorporated areas around Rohnert Park. Taxable sales data are not available for
unincorporated subareas of counties.
Define Trade Area for Proposed Project: The Trade Area boundaries are likely
delineated in large part by the location of existing and planned competitive retail,
particularly other major existing and planned discount general merchandise stores
and supermarkets, as well as the distance shoppers are willing to travel to a Walmart
Supercenter for the additional food items not found at other discount department
stores in the area. Additionally, preliminary demographic analysis will help in defining
Trade Area boundaries (see next task).
— Demographic and Economic Overview of the Trade Area: Retail sales potential is
dictated in large part by the purchasing power of an area's residents. For this task,
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BAE will look at basic demographic characteristics for the Trade Area, including total
population, total households, household composition, age distribution, and resident
income, since all these characteristics define the spending patterns for an area. The
analysis will look at historic data and projections and compare them with California
overall as a benchmark. Data sources will include the decennial U.S. Census, the
American Community Survey, the State Department of Finance, the Association of
Bay Area Governments, Claritas (a private vendor of population estimates and
projections), and data available from local jurisdictions in the region.
— Estimate Sales Generated by the Trade Area: For this subtask, BAE will estimate
sales generated by consumers in the Trade Area, for a range of store categories, with
particular focus on general merchandise stores and food stores. This estimate will be
based on population distribution and density and distance of other competing outlets
from the project site. Potential sales for the Trade Area will be estimated from
benchmarks from other geographies such as the State of California or communities
with a demographic profile similar to the Trade Area.
— Leakage Analysis for the Trade Area: Based on the results of the above tasks, BAE
will estimate the extent to which the Trade Area is currently capturing sales from or
losing sales to surrounding locales. While the emphasis will be on the general
merchandise store and food store categories, leakage of sales in other categories
may indicate sales that could be captured by this large discount general merchandise
outlet.
— Assess Performance of Competing Retail Nodes: While a leakage analysis is critical
to understanding the potential for additional retail expenditures in a locale, a
complete impacts assessment must take the additional step of evaluating the
performance of existing competitive outlets regardless of the leakage analysis. For
instance, a trade area might not have any leakage of sales in supermarkets but may
have an oversupply of supermarkets as indicated by poor performance at existing
outlets. Conversely, there might not be any leakage, but existing outlets could be
performing well above industry norms, indicating that an additional supermarket
could be absorbed without putting a competitor at risk of closure.
This analysis will focus on the key competitive categories of large general
merchandise outlets and supermarkets and their centers. Synthesizing information
gathered on sales performance and store size, BAE will develop an estimate of
average sales per square foot for the existing outlets for large general merchandise
outlets and supermarkets. These averages can then be compared with industry
benchmarks, such as average sales for all Walmart stores or their competitors, data
derived from industry surveys, etc.
When possible within the constraints of available data, this analysis can be refined by
looking at individual competitors, since overall strong per -store or per - square -foot
sales might mask poor performance at one outlet. Pursuant to this goal, BAE will use
the most recent published taxable sales data available, and will attempt to gather
data on individual competitors through self - reporting, analysis of each chain's
average sales, field observation, data vendors selling estimates of store
performance, or other methods.
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Rohnert Park Walmart Expansion Project Environmental Impact Report
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— Estimated Potential Sales In Proposed Project and Impacts on Existing Retailers:
Based on typical sales performance for Walmart Supercenters, with possible
adjustments due to locational advantages /disadvantages or other factors, BAE will
estimate sales captured by the proposed Supercenter. This will then be compared ° 1
with potential sales growth and leakage in the Trade Area as determined above to
factor out sales that will not be captured from existing outlets, as well as sales that
might be captured from outside the Trade Area. This will be done for two points in
time, project opening (likely defined as when the expanded Walmart opens) and
stabilized sales a few years later. These dates will be selected in consultation with
the City and the EIR consultants.
The remaining sales will be assumed to be captured from existing outlets. Once the
proposed project's impacts are taken into consideration, performance will be
evaluated relative to current conditions and again to industry standards, to see how
the net loss of sales will affect the existing outlets. To the extent possible without
breaching nondisclosure commitments for individual store sales data, BAE will note
particular competitors most likely to be adversely impacted by the proposed project.
If the analysis indicates that particular stores are at risk of closure, these stores will
be noted. This analysis will look at all the major retail concentrations in the Trade
Area.
As the final part of this task, BAE will consider impacts related to the physical context
for the major competitors. In other words, BAE will see how the competitors are
integrated into a surrounding retail context (e.g., major anchor in a community -
serving center or large retailer in a shopping district) and assess likely secondary
business impacts due to a decline in business or closure of a major anchor.
— Determination of Urban Decay and Physical Deterioration: Two conditions are
necessary, but not sufficient in themselves, for a large new retail development of this
type to lead to urban /suburban decay and physical deterioration. First, the
introduction of new competition must lead to the closure and vacancies of existing
retail spaces. Potential closures will be indicated by the analysis. Second, the real
r
estate market conditions must be such that the vacated space is not re- leased in a
=b
timely manner. Based on the above tasks, findings will be made about the likelihood
that other retail nodes might close or suffer losses of key retail tenants as a result of'£
the proposed center. Impacts might include secondary business closures and moves
a
resulting from the loss of the anchors at other neighborhood and regional centers.
This task will include an overview of existing retail real estate conditions in the Trade
Area, including current vacancies and potential for re- tenanting of any store space
r
vacated as a result of the proposed center. BAE will assess the likelihood that overall
retail demand in the area will lead to absorption of vacated spaces in the event
.
existing retailers close their stores because of negative impacts from the opening of
the proposed center. This assessment will rely on broker interviews and field surveys
to estimate current vacancy and absorption trends for retail in the Trade Area. The
current physical condition of the competing retail centers will also be taken into
consideration, since any center already exhibiting high vacancies, deferred
maintenance, or other signs of decline would be more likely to fall into a condition of
urban or suburban decay.
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The end result of this analysis will be an assessment, by retail node or center, of the
likelihood of resulting urban decay and physical deterioration resulting from long-
term vacancies, deferred maintenance, secondary business closures, and the
inability to re- tenant existing stores.
— Preparation of Written Report: A written report for the project will be prepared,
which details the assumptions and conclusion of the analysis. The report will be
crafted to meet the requirements of CEQA and will be initially submitted electronically
as an Administrative Draft.
Respond to Comments on Administrative Draft: BAE will respond to comments
provided by the City, the EIR prime consultant, and other parties on the
Administrative Draft, and will be available to take part in a telephone conference to
discuss comments on this document. Additional study and site visits are excluded
from this task, and the revisions will be limited to two cycles, with additional revisions
completed on a time and materials basis. The output of this task will be a Public
Review Draft. It should be noted that BAE's analysis will be conducted with respect to
conditions at the time of its research effort. If changes in the project description or
other changes in local conditions that were not known at the time of BAE's research
require revisions to the BAE report, additional analysis required may require revisions
to the stated budget and scope.
— Respond to Comments on Public Review Draft Economic Impact Analysis and
Final EIR: Based on recent experience with other Walmart projects in California, it is
anticipated that there will be substantial organized opposition to the project,
particularly from competing businesses. A common practice of project opponents is
to retain an economist who will prepare a lengthy critical evaluation of the urban
decay analysis. In some cases, this evaluation is not provided to the City until after
the Final EIR is released but prior to the close of public hearings.
BAE will be available by phone conference with City staff and the EIR prime
consultant to discuss public comments, and will prepare responses to those
comments as needed as part of the preparation of the Final EIR and approvals
process. As budgeted, BAE's work will be limited to a total of 20 hours; additional
analysis will be completed on a time and materials basis at BAE's hourly rates in
effect at that time.
— Attend Two Public Hearings: As part of this scope, BAE will be available to attend
two public hearing regarding its Report and the EIR, typically one Planning
Commission hearing and one City Council meeting. The scope includes 3 hours
preparation time per meeting, in anticipation of additional comments being received
after the Final EIR is published but before these meetings. (This has been BAE's
experience for almost all the Walmart EIRs in which it has been involved.). Additional
meetings will be billed on a time and materials basis as discussed below.
MBA will summarize the findings of the urban decay study in the EIR. Potential urban
decay impacts will be evaluated in the EIR, and mitigation measures will be
recommended, where necessary. The complete urban decay study will be included as a
appendix to the EIR.
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Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
■ Significant Unavoidable Adverse Impacts. MBA will discuss all significant unavoidable
adverse impacts, in conformance with CEQA Guidelines, Section 15126(b). The
discussion will include any impacts that can be partially mitigated, but not to a level that
is less than significant.
■ Growth- Inducing Impacts. Pursuant to Section 15126(g) of the CEQA Guidelines, MBA
will discuss any potential growth- inducing impacts of the proposed project. Potential
sources of growth inducement and their corresponding impacts, such as removal of
obstacles to growth (for example, extension of infrastructure), new employment
generation, or major economic influences, will be qualitatively analyzed to the extent that
they are applicable.
Alternatives to the Proposed Project. MBA will evaluate a minimum of three alternatives
to the proposed project. One alternative will be the CEQA- required "No Project
Alternative." Other alternatives will be formulated in consultation with the City, and it is
anticipated that at least one will consider reducing the project square footage. Each
alternative will be described in sufficient detail and evaluated on a topical section basis
against the proposed project to determine if it will have fewer, equivalent, or greater
impacts. A matrix will be provided comparing each alternative's impacts on the various
topical areas. The Alternatives section will also include a description of alternatives that
were initially considered but ultimately rejected from further consideration.
Project Summary. MBA will prepare a summary, presenting the significant conclusions of
the EIR in. a manner that is easy to understand. A summary table format will be used to
identify the significant impacts and the effectiveness of the recommended mitigation
measures. A summary of the alternatives analyses, issues still to be resolved, and issues
subject to potential controversy will be presented, as required by CEQA compliance
procedures.
■ Other CEQA- Mandated Sections. MBA will be responsible for the preparation of the
following for each project:
- Table of Contents
- Irreversible and Irretrievable Commitment of Resources
- List of Organizations and Persons Consulted
- Preparers of the Environmental Document
- References
- Appendices
TASK 5: DRAFT EIR
MBA will respond to the City and applicant's comments on the Administrative Draft EIR,
complete necessary revisions, and publish the Draft EIR for public review. Once the product is
deemed acceptable for public distribution, MBA will take responsibility for distribution of the
Draft EIR.
To facilitate this process, the following steps will be taken for each project:
■ Coordinate with the City's project coordinator who will assemble comments on, and
suggested revisions to, the Administrative Draft EIR. One set of unified City staff
comments will be provided to MBA. The City will reconcile conflicting review comments, if
needed, among City staff before giving comments to MBA.
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Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
• Complete one set of revisions to the Administrative Draft EIR, pursuant to review
comments. Revisions will be prepared in conformance with the scope of work. If
additional revisions are required based upon factors such as changes to the project or
changes in report format, additional funds may be required and will be requested by MBA
prior to proceeding with the report.
• Prepare and reproduce the Draft EIR for submittal to the City and applicant for a final
"proof - check" review prior to distribution to the public.
• Reproduce 40 paper copies (with appendices on CD), one hard copy of the EIR
appendices, one copy on CD in PDF format, and one camera -ready original of the Draft
EIR (assumes technical appendices on CD in PDF format). MBA will prepare the notice of
completion (NOC) and submit it to the State Clearinghouse with 15 CDs of the Draft EIR
and Technical Appendices and 15 hard copies of the Executive Summary.
TASK 6: ADMINISTRATIVE FINAL EIR
MBA will prepare written responses to comments received on the Draft EIR that raise
significant environmental issues and submit them for City staff and applicant's review after
the close of the public comment period. The responses to comments will be prepared based
upon the CEQA Guidelines and the City's CEQA implementing procedures.
To implement this, the following steps are proposed:
• The City's project coordinator will compile and transmit to MBA all written comments on
the Draft EIR.
• MBA will confer with staff and applicant's attorneys to review written comments on the
Draft EIR and comments from public meetings and hearings to develop a general
framework and strategies for preparation of responses. The format of the Final EIR will be
as an attachment of responses to comments to the text of the Draft EIR.
Submit five copies of the Administrative Final EIR for City staff and applicant review.
Responses within this proposal's scope of work and budget consist of explanation,
elaboration, or clarification of the data contained in the Draft EIR with a budgeted effort
of up to 80 hours for technical staff in this task. The project applicant's consultants will
be responsible for responding to technical questions on their respective reports and
providing responses to MBA for incorporation into the Final EIR.
TASK 7: FINAL EIR
MBA will revise the written response to comments based upon comments received by City
staff and the applicant. The City's project coordinator will assemble comments on, and
suggested revisions to, the Final EIR. One set of unified comments, incorporating all City staff
comments will be provided to MBA. MBA will reproduce 25 paper copies, one camera -ready
original of the Final EIR, and one copy of the Final EIR (responses to comments document) in
electronic format (CD /PDF). The applicant will also receive a paper and CD copy of the Final
EIR and appendices.
TASK 8 MEETING ATTENDANCE
MBA has extensive experience in public outreach programs and scoping, including public
participation programs and public hearings. MBA will be present at public meetings and
43
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Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
hearings to develop an understanding of the public's comments and concerns, be available to
answer questions on environmental issues, and make presentations on the EIR.
MBA's role is as follows: 1
Attend a kick -off meeting, one public scoping meeting and two public hearings (i.e.,
Planning Commission and City Council). If desired by the City and the applicant, the kick-
off meeting and public scoping meeting can be scheduled for the same day.
Conduct presentations, as required, regarding the EIR process and findings, and be
available to answer questions that may arise at public hearings or meetings.
Prepare handout materials regarding the EIR process, if needed. Meeting graphics
depicting the project and other project description materials are assumed to be provided
by the City and /or the project applicant.
TASK 9: MITIGATION MONITORING AND REPORTING PROGRAM
MBA will prepare a Mitigation Monitoring and Reporting Program (MMRP) for each project
complying with Public Resources Code Section 21081.6, as mandated by Assembly Bill 3180,
for adoption at the time of the CEQA findings.
■ MBA will prepare a Draft MMRP in accordance with the CEQA Guidelines and the City's
CEQA implementing procedures. The MMRP will be designed to ensure compliance with
adopted mitigation requirements during project implementation. In coordination with City
staff, MBA will prepare the MMRP for mitigation measures that address significant
impacts.
• The program will be designed to fit into the City's existing entitlement and project review
process. The City will provide the format. MBA will coordinate with staff to refine MMRP
content and format, prior to preparing the Draft MMRP.
• After review and comment on the Draft MMRP, MBA will revise the MMRP, according to
the comments provided, and will submit two paper copies, one camera -ready original,
and one copy on CD /PDF format of the Final MMRP with the submittal of the Final EIR.
TASK 10: CEQA NOTICES
MBA will prepare certain CEQA- required notices in compliance with state legislation and
guidelines. This task includes the preparation of the Notice of Completion (NOC).
• Prepare the NOC in compliance with the CEQA Guidelines.
• Submit the NOC for City staff review and revise them, based upon staff comments.
• MBA will file the NOC with the State Clearinghouse at the time of Draft EIR publication.
TASK 11: PROJECT MANAGEMENT, COORDINATION, AND MEETINGS
MBA is firmly committed to developing and maintaining close working relationships with our
client. Emphasis on client/consultant communication, as well as involvement of MBA
principals and senior staff in all projects, results in performance that satisfies project
objectives, government requirements, and client needs. Communication is key to a successful
project.
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44 s
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Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
MBA will place top priority on working as a partner with the City, other project team members,
as necessary, and the applicant during environmental processing of the project. MBA will help
anticipate controversial issues, devise solutions, and provide expert environmental
compliance consultation. Understanding the client's objectives and ensuring they are
reflected in the environmental review and analyses are key aspects of our approach.
This scope of work assumes regular interaction with the City, other project team members, as
necessary, and the applicant and requires frequent information sharing among project team
members. MBA has assumed up to five project meetings (includes telephone conference
meetings) with the City, other project team members, as necessary, and the applicant. MBA
may attend additional meetings on a time -and- materials basis, with authorization. This task
also assumes 80 hours of project management time.
TASKS OUTSIDE OF THIS SCOPE OF WORK
Below are specific items MBA has identified as being outside of its scope of work for the
proposed project:
Notice of Availability. MBA assumes the City or the applicant's representative will prepare
the Notice of Availability for both the Draft EIR and Final EIR. This includes the Notice of
Availability form, as well as associated mailings and newspaper notices.
Findings of Fact. MBA assumes the City's or applicant's legal counsel will prepare the
Findings of Fact necessary to allow certification of the EIR.
Statement of Overriding Considerations. If the proposed project would result in one or more
significant unavoidable impacts, MBA assumes the City's or applicant's legal counsel will
prepare the Statement of Overriding Considerations necessary to allow certification of the EIR
Notice of Determination. MBA assumes the City or the applicant's representative will prepare
and file the Notice of Determination with the Sonoma County Clerk within five business days
of EIR certification. The purpose of the Notice of Determination filing is to limit the legal
challenge period to 30 days. If a Notice of Determination is not filed within 5 business days of
certification, the legal challenge period is 180 days. The Notice of Determination filing also
requires payment of a filing fee and CDFG fees, which MBA assumes will be paid by the
project applicant.
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Rohnert Park Walmart Expansion Project Environmental Impact Report
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
f
Schednte of Performance
WORK PRODUCT/MILESTONE
Project initiation meeting; receipt of approved project plans, and all
background information. Initiate preparation of technical reports.
ESTIMATE
COMPLETION
1
Submit NOP to City
3
Receive Comments on NOP from City
5
Distribute NOP for 30 -Day Public Review Period
6
Close of 30 -Day NOP Public Review Period
10
Submit Administrative Draft EIR and Draft Technical Reports to City
13
Receive Comments on Administrative Draft EIR and Draft Technical
Reports from City
15
Submit Revised Draft EIR and Technical Reports to City
17
Distribute Draft EIR for Public Review (45 days)
19
End of Public Review Period
25
Submit Administrative Final EIR, and Draft MMRP to City
27
Receive Comments on Administrative Final EIR, and Draft MMRP to City
29
Submit Final EIR and Final Version of MMRP to City
31
Public Hearings
To be
Determined
Assumptions used in determining the above project schedule are listed below:
• Receipt of approved project description and construction plans, project - related
information, base maps, and photographs at the project initiation meeting.
• Periods shown assume a set amount of time for the City's review of each submittal. If
review schedules change, the elapsed time of other tasks will be maintained.
• All technical reports will be completed and deemed adequate by Week 10.
• The review period for the NOP will be the State - mandated 30 days.
• The review period for the EIR will be the State - mandated 45 days.
in10
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Rohnert Park Walmart Expansion Environmental Impact Report
COMPENSATION RATES AND CHARGES
EKHIBIT B - COMPENSATION RATES AND CHARGES
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Rohnert Park Walmart Expansion Environmental Impact Report
COMPENSATION RATES AND CHARGES
MBA Schedule of Fees
Compensation is based on the following fee schedule and charges.
Hourly Labor Rates
President/CEO
$250 -285
Principal /Director
160-270
Senior Project Manager /Scientist/Senior Regulatory Specialist
110-180
Project Manager /Regulatory Specialist
100-150
Assistant Project Manager /Assistant Regulatory Specialist
80-120
Environmental Planner /Project Ecologist/Biologist
70 -95
Environmental Analyst/Regulatory Analyst
60 -90
Research Analyst/Staff Ecologist
50 -75
Senior Archaeologist/Paleontologist
95 -135
Project Archaeologist /Paleontologist/Principal Investigator, Historian
85 -110
Project Coordinator
65 -90
Architectural Historian /Staff Archaeologist
65 -95
Field Director /Supervisor
65 -80
Laboratory Director
65 -80
Field Crew -Chief
65 -80
Field Monitors /Laborer
40 -55
Laboratory Assistant
40 -55
Publications Coordinator /Technical Editor
90 -110
GIS Specialist
70 -130
Graphics Designer /GIS Technician
65 -80
Word Processor
65 -80
Administrative Assistant/Accounting/Clerical
55 -80
Reprographics Assistant/intern
55 -60
Other Labor Rates
Labor rates for expert testimony, litigation support, and depositions /court appearances will be
billed at a minimum of two times the above rates. If additional services are authorized during
the performance of a contract, compensation will be based on the fee schedule in effect at
the time the services are authorized.
Direct Expenses
Direct expenses are billed at the amount charged, as described below, plus a 10 percent
administration cost.
• Out -of- pocket expenses - including, but not limited to, travel, messenger service, lodging,
meals, blueprint, reproduction, and photographic services: Cost, as charged to MBA.
• Subcontractors' fees: As quoted.
• Passenger cars: $0.62 per mile.
• Four -wheel drive vehicles: $75.00 per day ($0.85 per mile).
• Reproduction and Color copies: See Reprographics Fee Schedule provided as necessary.
• Records checks: fees vary with facility and project.
• USFWS /CDFG impacts or mitigation fees.
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Rohnert Park Walmart Expansion Environmental Impact Report
COMPENSATION RATES AND CHARGES
• Museum duration: fees vary with the city and project.
• Cultural resources storage / curation of fossil and artifact collections: Cost, as charged to
MBA.
• Per Diem: $145.00 /per day. Lodging surcharge may apply in high rate areas.
Terms
Compensation and direct expenses are invoiced monthly and are payable upon receipt; rates
effective through December 31, 2009.
Cost Estimate
The fees for the EIR for the development of the proposed project are provided below. The
proposed fees are based upon the scope of work described above; they include all labor and
direct costs.
TASK
Professional Labor
FEES
Task 1: Project Description and Background
$ 4,500
Task 2: Notice of Preparation
3,500
Task 3: Scoping Process
4,000
Task 4: Administrative Draft EIR
62,000
Task 5: Draft EIR
17,500
Task 6: Administrative Final EIR
16,000
Task 7: Final EIR
7,000
Task 8: Meeting Attendance
8,000
Task 9: Mitigation Monitoring and Reporting Program
4,000
Task 10: CEQA Notices
1,500
Task 11: Project Management, Coordination, and Meetings
15,000
Total MBA Professional Labor
$143,000
Technical Reports and Analysis
Air Quality Analysis (MBA)
$19,000
Noise Analysis (MBA)
8,000
Traffic Study (W- Trans)
59,100
Urban Decay Analysis (BAE)
45,840
Total Technical Report Labor
$131,940
Direct Costs
Reprographics /Document Production
8,000
Mileage
1,500
Delivery/Postage
800
Miscellaneous (film, maps, faxes, etc.)
500
Total Direct Costs
$10,800
Total Professional Fee
$285,740
i<
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Rohnert Park Walmart Expansion Environmental Impact Report
COMPENSATION RATES AND CHARGES
The assumptions used in calculating the above fees are:
• The price is valid for up to 30 days from the date of this scope, after which it may be
subject to revision.
• The City will be responsible for distribution of public review documents.
• This price is based upon completion of the work within the proposed schedule. If delays
occur, an amendment of the price would be warranted to accommodate additional
project management and other costs, and to reflect adjustments for updated billing rates.
• Printing costs are based upon the method of printing and binding proposed, specific
numbers of copies proposed as work products, and estimated page lengths. Document
printing costs are estimated and will need to be finalized at the time of printing.
(Estimated document costs, including appendices, are NOP - $15, Administrative Draft
EIR: $75, Draft EIR: $80, Administrative Final EIR: $40, Final EIR: $45; MMRP: $7,).
• The EIR will be prepared to comply with CEQA.
• Costs have been allocated to tasks based upon MBA's proposed approach. During the
work, MBA may, on its sole authority, re- allocate costs among tasks and /or direct costs,
as circumstances warrant, so long as the adjustments maintain the total price within its
authorized amount.
• An internal review and comment will be conducted by the project team for each
document submitted to the City.
• The EIR scope of work may need to be adjusted after receipt of NOP comments.
• This scope of work and fee is considered preliminary and interim in nature. More
specifically, it may be subject to revisions based upon feedback from the City's review of
the applicant's project application and review of our proposal.
51
EXHIBIT "C"
Insurance Agreements
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 20 10 11 85 or other form(s) acceptable to the City. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one. insured against another. Limits are
subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per
accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto
endorsement to the general liability policy described above. If Consultant or Consultant's employees will
use personal autos in any way on this project, Consultant shall provide evidence of personal auto-liability
coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under
an umbrella liability policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be applicable to City for
injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required herein. Limits
are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy
must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend.
The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Bests rating ofA- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
9
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agree to the following with respect to insurance provided by Consultant
1. Consultant agrees to have its insurer endorse the third party general liability coverage required
herein to include as additional insureds the City, its elected officials, employees and agents,
using standard ISO endorsement No. CG 20 10 11 85 with an edition prior to 1992 or other
form(s) acceptable to the City. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to
a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability
of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its - operations limits the application of
such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first submitted to City and
approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-
called "third party action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in scope
of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may'
affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement.
In the event such proof of any insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is provided, City has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests under this or
any other agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to
delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-
contributing basis in relation to any other insurance or self insurance available to City.
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10. Consultant agrees to ensure that subcontractors, and any other party involved with the project
who is brought onto or involved in the project by Consultant, provide the same minimum
insurance coverage required of Consultant. Consultant agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self - insure or to use any self- insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the
performance of work on the project contemplated by this agreement to self-insure its
obligations to City. If Consultant's existing coverage includes a deductible or self-insured
retention, the deductible or self - insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or elimination of
the deductible or self - insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts
and types of insurance required by giving the Consultant ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to the Consultant, the
City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to
inform Consultant of non - compliance with any insurance requirement in no way imposes any
additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or
agents face an exposure from operations of any type pursuant to this agreement. This obligation
applies whether or not the agreement is canceled or terminated for any reason. Termination of
this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the
term of this Agreement have been renewed or replaced with other policies providing at least the
same coverage. Proof that such coverage has been ordered shall be submitted prior to
expiration. A coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement as required in
these specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended
as limitations on coverage, limits or other requirements nor as a waiver of any coverage
normally provided by any given policy. Specific reference to a given coverage feature is for
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purposes of clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all - inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision
in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement
to the extent that any other section or provision conflicts with or impairs the provisions of this
Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in
any way with the project reserves the right to charge City or Consultant for the cost of
additional insurance coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve City.
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I, Jason Brandman, am the Vice President, and a duly authorized
representative of the firm of Michael Brandman Asssociates, whose address is 2633 Camino Ramon
#460, San Ramon, CA 94583, and that neither I nor the above firm I represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working solely
for me or the above consultant) to solicit to secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contact, to employ or
retain the services of any firm or person in connection with carrying out the Agreement;
or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above consultant) any fee, contribution, donation,
or consideration of any kind for, or in connection with, procuring or carrying out the
Agreement;
Except as here expressly stated (if any);
I acknowledge
criminal and civil.
;/3 616 Ct
Nate
ederal laws, both
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