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HomeMy WebLinkAbout2009-009 Michael Brandman Assoc r. CITY OF ATASCAD O CONTRACU :74C,91 5 CITY OF ATASCADERO l �. ® Elm ORIGINAL 1918 1978 I CAD FILE CONTRACT FOR Michael`Brandman Associates _ for Del Ria Road"SP ecific Plan EIR,Consultant Contract ("Walmart / Annex 'EIR") � c City of Atascadero — MichaeI Brandman Associates, Inc., n 1918, 1979 n -CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Michaele Brandman Associates for Del Rio Road°Specific Plan EIR Consultant Contract =("Walmart/ Annex EIR") THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Michael Brandman Associates, Inc.;,("Consultant'). City and Consultant agree as follows: 1. SCOPE AND STANDARDS: = A. CONTRACT. Consultant shall do all work, attend,all meetings, produce all reports and carry-out all activities necessary,to complete the services described-in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this aB reference as Exhibit A, as requested by the City. This Contractand its exhibits shall be known , as the "Contract Documents." .Terms set forth in any Contract'Document shall be deemed to be incorporated in all Contract: Do_cuments asgif `set forth in full" therein. In the event of a conflict between, any provisions_ 'of this Contract and Exhibit A, the provisions of this Contract will control ` 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistentWith this,relationship or status. Any persons employed,by Consultant for the .4 performance of services pursuant to this Contract'shall remain employees of,-Consultant, shall at all timesbe under the .direction and control of Consultant; -and shall not be considered employees of City. All persons employed by.Consultant to perform services pursuant to this TA-Contract ManagementUa-Imart EIRM69 Walmart EIR Contract-MBA.6-1-09 v2.docx Page 11 i. e City of Atascadero Michael Brandman Associates, Inc., Contract shall 'be entitled Solely,,to'the right and privileges afforded to Consultant employees and shall not°be entitled, as a result of-providing services hereunder, to any additional rights or privileges that may be afforded to City employees. B. INDEPENDENT INVESTIGATION. The Consultant agrees and .hereby represents it has satisfied itself by its own.investigation and research regarding the conditions affecting the work to be done and labor and,materials needed, and that its decision to execute this Contract is based on such,independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully informed of, shall observe and%comply with, and shall cause any and all, persons, firms or L " corporations employed by it"ork under its control to observe and comply with; applicable federal, state, county and municipal ,laws, ordinances, regulations, orders and decrees which in any ` manner affect those rengaged or 'employed on the work described by this Contract or the materials used or which in any way'affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in unlawful employment discrimination. Such-unlawful employment discrimination includes, but is not limited.to, employment discrimination based upon a`person's;'race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or-sexual orientation: 3. TIME OF PERFORMANCE: The services of Consultant, are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A and the project schedule referenced in Exhibit D. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than December 31, 2011, unlessextendedby the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Consultant shall,be as set forth in Exhibit B' attached hereto-6nd made a part hereof. All-work will be billed monthly on a percentage of completion of.Ahe approved'scope of work. , B. NO�PAY FOR ADDITIONAL SERVICES WITHOUT'WRITING. Consultant shall not be compensated for any services:rendered in connection with its performance of this Contract, which are in..addition, t6those,set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City.Manager or the City Manager's designee (heieinafter`"City Manager' shall include the City Manager's,designe`e). Consultant shall be compensated for.'any,additional services in the amounts`and in the manner as agreed to by City and Consultant at-the,time City's express written authorization signed by the City Manager is given to Consultant for the performance of said services. TA-Contract Management\Walmart.EIMAN Walmart EIR Contract-MBA.6-1-09 v2.docx Page 12 `t r ;City ofAtascadero Michael Brandman Associates, Inc., 5. SUPERVISION,,LABOR AGREEMENTS,AND PERSONNEL: A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of .personnel, determining and affecting ,. discipline, determining required training,, maintaining personnel files, and other matters relating to ,the performance of services and •control of personnel. The City Manager may use any reasonable means to -monitor performance and the Consultant shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Consultant is legally obligated to comply with these Contracts. It is expressly the intent of the parties and iit is agreed by the parties that the Consultant's performance `shall not in any manner "be subject to any bargaining agreement(s) or any other agreement(s) the Consultant may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort to maintain-the stability and continuity of Consultant's staff assigned to perform the services required under this Contract as shown on Exhibit C. Consultant shall notify City of any changes in Consultant's staff to Abe assigned to pe`dorm-the services required under this Contract and, shall obtain the approval of the City Manager, of a list of all proposed staff members who are to be assigned. to perform services under°this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days ,written notice, may terminate this Contract, without cause, at any.f me. In the event of-such termination, Consultant shall be compensated for non-disputed,fees under the terms of this Contract up to the date of termination. RB. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Consultant shall,not be relieved of liability to the City for damages sustained by the City by,virtue".6f'any' breach, of this Contract by Consultant, and the City may withhold any payments due to Consultant until'"such time as the exact amount of damages, if any, due the City from Consultant is determined. All of the indemnification, defense and hold harmless obligations in this'Contract shall survive termination. T:\-Contract Management\walmart EIR\2009 Walmart EIR Contract-MBA.6-1-o9 v2.docx Pagel 3 City of Atascadero - Michael'Brandman Associates, Inc., 7. CHANGES: The City or Consultant may, from time to time, request changes'in the scope of the services of Consultant_`to be performed hereunder. ,Such changes, including any increase or decrease in the amount of.Consultant's compensation.and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreedchanges shall be incorporated in written amendments to this Contract. Any increase in the amount of.Consultant's compensation and/or changes in Exhibit A and or Exhibit B must be authorized,in'advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTYOF°CITY. It is mutually agreed °,. that all materials prepared by.the Consultant under this,Contract are upon creation and shall be at all times the exclusive property of.the City, and the Consultant shall have no property right therein whatsoever. City agrees.that Consultant shall bear no.responsibility for any,reuse of the materials prepared,by the Consultant if used for purposes'other than those expressly set forth in the Intended Use of Consultant's Products and _Materials section of this Contract. Consultant shall not disseminate any, information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or t` reports required by government'agencies to enable Consultant to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court'order. Consultant will be allowed to retain copies of all deliverables. s B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the,City, shall be entitled to,, and°the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and.-property of the City as'relay have been prepared or accumulated to date by the Consultant in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST`: A. CONSULTANT coven-ants that neither it, nor any officer or principal of its firm, has or shall acquire any.interest, directly or indirectly, which would conflict in any manner with the interests of City or,which'wouldfin any way hinder Consultant's performance of services under this Contract. Consultant -further covenants that in the performance of this Contract, +. Consultant shall take reasonable care to ensure that no person having any such interest shall be employed by it_as an officer, employee, agent or subcontractor without the express written ,consent of the City-Manager. -Consultant agrees to at all,times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Consultant agrees `to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. F { 1 7 T:\—Contract Management\walmart EIR\2009 Walmart EIR Contract-MBA.6-1-wV2.docx Page 14 a City of;Atascadero Michael Brandman Associates, Inc:, 9 10. CON FI DENTIAL-INFORMATION: A. ALL INFORMATIONKEPT]N CONFIDENCE. 'Alf materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its ' Officers, employees, or subcontractors does voluntarily provide 'information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information, for any damages caused, by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. ' City`and Consultant shall promptly-notify the other party should Consultant or City, its officers, ,employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other.,discovery request, court-order,Or subpoena from any party regarding this Contract and the_work performed thereunder or with respect to ,any project or y., property located within the• City. City and Consultant-each retains the right, but has no obligation, to represent the other part- and/or be present at any deposition, hearing or similar proceeding. Consultant aCity agree to cooperate fully with the other party and to provide the other party with the opportunityto review any response to;discovery requests provided by Consultant or-,City:; However, °City and Consultant's right to review any such response does not imply or mean the right by'the other party to control, direct,.or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. ,CONSULTANT PROPERTY. Consultant shall, .furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required; by this Contract. City acknowledges that all- equipment and other tangible assets used by Consultant in providing:these services are the property of Consultant and shall remain the property of�Consultant upon termination of this Contract. B. iSPEGIAL;SUPPLIES: City shall be responsible for supplying any special supplies, stationary,°°notices,-forms or similar items that it requires to be issued.with a City logo. All such items shall 'be-approved by the City Manager and shall be provided at City's sole cost and expense: 09 v2.dOCX Page T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1= 15 'S4 a City of Atascadero Michael Brandman Associates, Inc., 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED., Consultant shall keep itself informed of applicable ' local, state,,and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuantto this_Contract. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public,or private property in performing any of the work authorized by,this Contract. Consultant shall at all times hold a . valid contractor's license if*performing any function or activity for which a license is required pursuant to Chapter`9 (commencing-with section 7000) of Division 3 of the California Business and Professions Code, and Consultant shall provide a copyof the license(s) upon the request of the City. The City, its officials,-officers, elected officials,,appointed officials and employees shall not be liable at law or in equity as a result of any failure of consultant to comply with this section. B. PREVAILING WAGES.y In the event it is determined!that the Consultant is required to pay prevailing wages for the work,performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None--of the services covered by this,Contract shall be subcontracted without the prior written s consent of the City Manager. Consultant shall be as fully responsible`to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by -them, as it is for the' negligent acts and omissionsof persons directly employed by Consultant. r - 14. ASSIGNABILITY: Consultant shall not assign,or,transfer any interest in this Contract whether by assignment or notation: However, claims for 'money d`ue or to become due_ Consultant from the City under this Contract may'tie assigned to a -financial institution, but only with,prior written consent of the City Manager. Notice of any assignment 'or transfer whether voluntary or involuntary shall be furnished promptly to the City.. The rights and benefits under'this agreement are for the sole and exclusive benefit of the City and this;Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONSULTANT: Consultant shall"be responsible,for performing the work under this Contract in a manner which is consistent'with the generally accepted standards of Consultant's>profession and shall be liable for its R own negligence and the negligent acts:of its employees, agents, contractors and subcontractors. The City shall have no right of control over:the manner in which the work is to be done*but only as to its outcome, and shall not be charged_:with the responsibility of preventing risk to Consultant or its 'employees, agents, contractors or subcontractors. T:\-Contract Management\Walmart EIR\2009 Walmart EIR Contract-M13A.64-09 v2.docX Page 16 City of Atascadero Michael Brandman Associates, Inc., 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for;Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (",Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part 'by ,any negligence or,wrongful act, error or omission of Consultant, willful misconduct, or}, recklessness of its officers, agents, employees or subconsultants (or any entity;or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold;harmless City, and any and all of its employees, officials and agents from and against any liability '.(including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, .whether actual, allegedor threatened, including attorneys fees and costs, court costs, interest; defense costs;Y and`y expert witness fees), where the same arise out of, are a consequence of, or are in anyway attributable to, in whole or in part, the performance of this Agreement by Consultant or by-any individual or entity for which consultant is legally liable, including but not limited to officers,-agents, employees or subconsultants of Consultant. `C. GENERAL- � INDEMNIFICATION PROVISIONS. `,. Consultant agrees -to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subconsultant or any other person or entity involved by, for, with or on behalf' of Consultant in the performance of this agreement. In the event consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible,according to the terms of this section. Failure of.City to,monitor compliance with these requirements Imposes 'no additional obligations on City and will in no way act 'as a waiver of any tights,hereunder., is obligation to indemnify and, defend City as set forth here is.binding,on the successor, assigns or heirs of Consultant and shall survive the termination_ of this agreement or this section. TA-Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.docx Page 17 v City of Atascadero — ' Michael Brandman Associates, Inc., CAD 17. INSURANCE: Consultant shall maintain prior to the beginning of and-for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to labor costs, material y expenses, parcels abated orserviced'and°other such information. required Eby City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit:an-evaluation of services. All such records shall be maintained in accordance with generally acceptedaccounting principles and shall,,be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify„ and change from time to time. Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts ,therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3)years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A.,ASSIGNMENT OR SUBSTITUTION. City has -an NONDISCRIMINATION / NON PREFERENTIAL TREATMENT STATEMENT In performing° this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability; ethnicity, or national origin, and shall comply to the fullest extent 'allowed. by law, with all applicable local, state, and federal laws relating to - nondiscrimination. ,. B. UNAUTHORIZED ALIENS. Consultant hereby, promises and agrees to comply with all of the.provisions pf the Federal.Immigration and Nationality Act4;(8 U.S.C.A. & 1101 et:seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein., Should Consultant so .employ such unauthorized aliens for the performance of work a nd/or services covered y his'-contract, and should the Federal Government impose .. } sanctions ga s"t the City fortr uch use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all .costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW._,The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern,.the interpretation of this Contract. Any litigation concerning this Contract shall take place in the S_an Luis Obispo Superior Court, federal diversity jurisdiction f , being expressly,waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill tt e-duties and'-pbligations, imposed upon' Consultant by s this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Consultant nor.- changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted ` T:\-Contract ManagementUalmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.docx Page 18 Gity of Atascadero MichaelBrandman Associates,'Inc., assignment or substitution shall obb ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law por- in equity, including summary termination of this Corntract. 'Subcontracts, if any, shall contain a provision making them subject to all'provisions stipulated in'.this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and r: understanding between,the parties relative to the services specified herein and there are no understandings, agreements„ conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND `INTERPRETATION. Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a-full and fair'opportunity revise the provisions of this Contract and to have such provisions reviewed`by legal counsel. Therefore, any ambiguities in construing or interpreting-this ,Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at-anytimeby any party of any of its rights with respect to a default or other'matter arising in�,connection with this Contract shall not be deemed a wavier with respect to any subsequent'default or other matter. n I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other-provisions invalid, illegal or unenforceable. T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.docx Page 19 `. City-of Atascadero Michael Brandman Associates, Inc., , L° J. NOTICES. All.invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been . g given. if'delivered personally or enclosed in a properly addressed envelope and :deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit inithe U-S. 'Mail) at the followirig.addresses: CITY OF ATASCADERO '6907 EI Camino Real,,' Atascadero, CA 93422 Attention: Warren Frace Community Development Department 805/470-3488 wfrace@atascadero.org Name of Consultant Michael Brandman Associates 2633 Camino Ram`on,'Suite 460 San Ramon, CA 94583 :. Attention: Jason'Brandman 925/830-2733 jbrandman@brandman.com Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party: F >, T:\-Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1709 v2.docX Page 110 E 'City of Atascadero Michael"Brandman Associates, Inc., K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Consultant warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. Dc S C� 1 Executed on , 2009, at Atascadero, ATTEST: f^ CITY OF ATASCADERO \ 1i , I' By. _ y Marcia'McClure Torgerson ade'McKinne City-,CIA, -��� City Manager APPROVED FORM: CONSUL T: By. rian Pierlk J on a `s City Attorney ice re ' ent chae rand'man Associates APPROVED AS TO FORM: C) Rachelle Rickard Administrative Services Director 5 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.docx Page 111 City of Atascadero — Michael'Brandman Associates, Inc., ff CERTIFICATE OF COMPLIANCE f WITH" LABOR CODE § 3700 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the 'j provisions of that code, and I.have complied or will comply with such pro v' ' s before commencing the r performance of the work of this contract. (Cal. Labor C. §§18 186 a F CO SULT T as ra dman V' r (dent i a Brandman Associates y rt 4 T:\—Contract ManagementUalmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2:docX Page 112 +^t Del Rio Road Specific Plan EIR Consultant EXHIBIT A Scope of Work Preparation of an EIR for the.Del Rio Specific Area Plan PROJECT DESCRIPTION Scope of Work Task 1'Project Description and Background fi The City has provided a substantial amount of Information regarding the project with the RFP and during the Pi,(-Proposal Meeting. The maps,diagrams;technical studies provided by the applicant,°and current project description will allow work on the ElR to proceed quickly after project initiation: 'MBA's project manager will meet with City staff shortly after project initiation to obtain any additional Project information available and guidance necessary for preparation of complete'project and alternatives descriptions,establish early communication among various project team members,and clarify 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 t0 the,,proposed project • Attend`a'Community Outreach neighborhood meeting held to solicit input on the project. • Following an initial Community Outreach Meeting,MBA will receive and review 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)as approved at a joint Planning Commission/City Council meeting, sufficient t0 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. • Receive all existing reference and research materials related to the project,the project siteand vicinity,including base maps,aerial photographs„and environmental documentation,,if appropriate,near the project • 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,asappropriate_ Task 2: Initial,Study/Notice of Preparation MBA will,prepare the'Initial Study/Notice of Preparation(&NOP)for the project,which will includethe:appropriate City form,a project description,,,project exhibits,and a discussion of environmental issues. 'MBA will reproduce 251 copies of the 1S-NOP and distribute 15 copies 'r (CD/PDF)to the State Clearinghouse. The remaining ten copies will be mailed to City staff. o 'An electronic;version(PDF)of the IS-NOP will also be submitted to the City. Task 3:Scoping Process MBA will help support a high level of public participation throughout the CEQA process_Prior to release of the IS-NOP,MBA will participate in a Community Outreach meeting to obtain input on the Project from the neighborhood residents and other concerned citizens. The T:\—( 5 ge 113 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Def Rio Specific Area Plan PROJECTDESCRIPTION meeting will be lead by the applicant with City staff. The results of the meeting will be used by City staff 10`develop the preferred project,parameters and definition.The Project applicant and City staff will then ipresent the preferred projnt,pa ra meters and definition to a joint City CounciVPlanning Commission meeting for approval. 'MBA will use the information and guidance arising from these meetings to focus issues described in the IS-NOP. After distribution of the:I&NOP;MBA with City staff will lead an,EIR.-Scoping and Alternatives meeting.,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 propose the format;strategies;and;Content of the scoping presentation for City approval_MBA will be responsible for 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 hard copies and one electronic version(PDF)to the City for review,to include the following.- • Project`Descri inion. 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 ttiatarticulates the project's ovetall'objectives_MBA will prepare the-project description section of the EIR,based upon information provided during project initiation and comments received on the IS-NOP,to include: - Regional`and local setting - Projectihistory - Project,goals and objectives of the City and 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.Piojects Identification. MBA will describethe-reasonably foreseeable projects within a;Qty-approved defined study area that may result in cumulative-impacts associated with,the proposed project MBA will work°closely with City to ensure the EIR is prepared at the appropriate level of detail and pertinent,projects are evaluated. As identified above,'we;assume the City will provide information on all reasonably anticipated projects t0 MBA so cumulative,projects can be adequately addressed. 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,(3) pending,projects for which pre-filing or filing of amapplication with its respective lead g y has occurred;and(4)anticipated or announced projects for which n0 application has yet been filed with the lead agency. However,note that the evaluation area for Cumulative,impacts would vary,,depending upon the technical issue t0 be addressed. For nstance;,the evaluation area for air quality;encorripasses the local air basin;while the evaluation area forr traffic encompasses the locai roadway network. Findings of recent Court Oases will be used to address all pertinent'issues. Cumulative projects will be discussed for each technical issue. 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 �.e. m•.a.. ,114 S a y .DelRio Road Specific Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan 5 PROJECT DESCRIPTION of the project site and the nature of the proposed project,MBA assumes that the following environmental issues will result in no significant impacts: - Agricultural Resources - Mineral Resources 7 - Population and Housing - Recreation. If,in responses received on the NOP,any of the aboveissues 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 t0 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(San,Luis Obispo County Air Pollution Control District[APCD]),biological resources (California'bepartment 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);;traffiC(City and Caltrans),energy(Appendix F.Energy Conservation, CEQA Guidelines),and urban decay(industry-accepted standards for retail impacts)_MBA will propose workable thresholds of significance for greenhouse gas/Climate Change impacts that are Consistent with the City's objectives and are legally defensible.The thresholds will be stated'in each topical section of the EIR to Clearly illustrate analytical process used to identify potential project effects. • 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 aesthetics,air quality,biological resources,cultural resources,traffic and noise.We assume the project applicant's'erigineer will provide the following technieal.studies or documents for our use in preparing ihebR:geotechnical investigation,Phase I Environmental Site Assessment, hydrology and drainage study,and utility loads projections.The applicant also provided a cultural resource study and biological resource study. 'MBA and appropriate ` subconsultants will review the studies and data for CEQA adequacy_After determining the studies are adequate,MBA will summarize and incorporate them into the EIR. Traffic _ analysis and economic study(urban decay)will be eonducted'by-W-Trans and Bay Area Economics,respectively.The MBA project team will address the remaining issues in the EIR. > • Aesthetics,Light,A.and Glare.The primary emphasis of the Aesthetics section will be the analysis Of.the Specific Plan and its effect on public scenic views,on-site visual aesthetics and compatibility,and potential night lighting affects. Development of the Del Rio Road area would,over time,establish a new aesthetic identity forthe northern gateway to the City of Atascadero. Review of the RFP and the:project area show that the proposed development would be seen from public transportation corridors and;surrounding neighborhoods. In addition to the inherent Change associated with large-scale land + conversion,visible development components include'new commercial centers of varying densities,streets and roads,pedestrian ways,utilities and infrastructure,lighting and �1NNIN ,- 1K..v1.MwF.• rc.irn 7 T:\—Contract Management\Walmart';EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.dOCX Page 15 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION associated site amenities. The Aesthetics section will also serve to provide guidance during the implementation of subsequent project-specific developments. The evaluation method will provide a photographic and written inventory of existing site conditions and establish the baseline visual character. Overall extent and quality of project site visibility will be documented. Based on available;information regarding z b- specific project design,architecture,"landscaping and public areas,the aesthetics analysis will specifically identify the isual resources on-site and any other features that are of significance from key viewing areas: This evaluation will have special emphasis on views from public corridors and vantage points. Criticalviewing areas will be identified, and`photographs•will be taken from each of the key viewing areas and used as the basis for further analyzing the potential affects ofSpecifc Plan implementation. Photo- simulations will document the project,evaluate the likely appearance of the Specific Plan and prbieaalternatives as proposed,and will show the effectiveness of any _ recommended mitigation measures_ The photo-simulations will thoroughly identify changes to th&sitei and to the area's visual character;and will provide a valuable method of public disclosure as well as a tool for project approval discussion_ A minimum of six y, photo-simulations from vantage points along public streets and the surrounding area will ` support the ana". Potentially critical viewpoints are anticipated along U.S.101,EI Camino Real,Del Rio Road,and other local roads. The Aesthetics section will consider potential visual impacts to surrounding and distant hills,as well as view corridors within the Specific Plan area. The Aestheticssection will compare the existing on-site,and through-site visual resources with the,Specrtc Plan elements as proposed,and_will identify any potential impacts to visual character The evaluation will include all proposed and potential structures and site,amenities,vegetation removal,roads,grading and earthwork,utilities, lighting, landscaping and other improvements for their complete affect on views_ The level of detail wilUbe,dependent upon the information available from the applicant If the information is general in nature,the evaluationwillprovide the visual components that should betaken into consideration at the time of more specific project design such as landscaping and layout of public areas,street trees,and neighborhood amenities. The analysis methodology will also evaluate the cumulative affect that each of the, individual Specific Plan components may have orfthe visual character of the surrounding community. The Aesthetics section will consider the Specific'Plan's contribution to a potential chap e`in community character when seen with other approved or pending r P g � by PP P g projects;in.the area. Expected viewer sensitivity will be assessed and considered as part of the analysis. In order to prepare the Aesthetics section of the EIR,the following will be requested of the project applicant - . The most.current site of development plans including architectural plans and elevations:dau structures,site,and;grading plans including existing and proposed topography,lighting,landscape,utility and drainage plans. Computer model generated images for inclusion in the photo simulations and analysis. - The critical:development points surveyed and.staked;by the applicant,including vertical elevation data associated with each point' vegetation removal data. %V NUNN 8 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.docx Page 16 Def Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Deli Rio Specific Area Plan PROJECT DESCRIPTION The scope of work for the aesthetics study is provided below_ SubTask 1: Initiate Analysis. SWCA will initiate analysis through consultation with the applicant and City of Atascadero staff to determine critical factors including existing and proposed City General Plan and guidelines, aesthetics policies,and previous studies applicable to the site_ Interview with the applicant to determine the anticipated"style"of a buildings and landscaping to be used in the development Any storyboards,elevations,architecturatstyles;and drawings will be utilized to determine the proposed project If none are available,the Aesthetics section will assume and analyze a,`reasonable worst-Case scenario"per City ordinance and California Environmental Quality Act(CEQA) Guidelines. SubTask 2: Project Visibility. SWCA will determine and document overall visibility of the project from throughout the community. SubTask 3: Identify Key Viewing Areas. SWCA will Identify key viewing areas based on visual access to the site,viewer-group expectations,and sensitivity, a along with applicable City policies. Key views will be prioritized by their relativeimpact potential based on field analysis including viewing duration and aspect,and research"of relevant planning documents. SubTask 4: Conduct Field Studies. SWCA will conduct field studies in order to develop visual resource scoping. Field;studies will be conducted separately from each key viewing area,and will specifically identify limits of visual access,Critical landforms,as well as significant visual resources. SubTask 5: Conduct Preliminary Identification and Analysis of Potential Conflicts. SWCA will conduct preliminary identification and analysis of potential conflicts between existing visual resources,and the development of the proposed Specific Plan_ This will.be accomplished by comparing the identified visual resources with the Specific Plan showing maximum building envelopes and massing road alignments,lakes and public recreation areas,proposed limits of grading,lighting landscaping,and other amenities. SubTask 6: , Establish On-Site Locations. SWCA will establish on-site locations of j critical,building envelopes,lot boundaries,road alignments,lakes, parks,and grading_ Reference markers will be placed at critical locations where the proposed developmenthas the greatest potential to Conflict with areas of identified visual resources. Critical potential building'heights and locations and other project features will be established by the placement of on-site reference pylons and flagging. The locations of the reference markers;will be repositioned and analyzed as needed for each specific key viewing area. The specific locations of f critical site-development components will bebased`on information surveyed and received from the applicant. SubTask 7: Baseline Photographs. SWCA will develop baseline photographs taken 3 from at least six key viewing areas showing in-place pylons and other reference markers as necessary. '77 r� v�., n.w-•-4 -.arta ---- 9 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.dOCX Page 17 Del Rio Road Specific Plan EIR Consultant a Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION SubTask S: 'Evaluate Project Impacts. SWCA will a valuate project impacts by superimposing the proposed development(or representations using an ".opaque box"approach)onto the baseline images_ In conjunction with W field studies,six computer generated photo-simulations showing"before and after"conditions will be used as the basis for the analysis. Coordinate with the project applicant regarding any available computer modeling images for utilization in the analysis. The analysis will evaluate the project's impacts relative to the overall landscape context Including surrounding land use,visual harmony with the existing landform and landoover,consistency witn:'existing landscape character, degree of visibility of the project components during daylight and night, and seasonal variation. These physical,attributes will be considered along with the viewers expected response to the proposed changes. In addition,the Specific Plan will be analyzed-for potential changes and Consistency with current planning policies and guidelines. SubTask 9: identify and Quantify Impacts. SWCA will identify and quantify general and specific aesthetics impacts including the potential cumulative affects caused by the proposed implementation of the Specific Plan, •based on the above analysis- SubTask 16: nalysis-SubTask"10: Provide'Mitigation Measures.'SWCA will provide impact-specific mitigation measures and identify any significant adverse unavoidable Aesthetics impacts and residual impacts. • Air Quality..Air qualityis often a significant impact for:projects of this magnitude. MBA's air quality staff will provide a thorough and complete,assessment of the Project's air quality impacts_The proposed Project would result in construction-related and. operationahrelated'emissions of air pollutants and greenhouse gases.In recognition of the need to provide a comprehensive evaluation of the'project's impacts on air quality, MBA's Air Quality Analysis will quantify project emissions and identify mitigation measures to reducepotentiallysignificant air.quality impacts to the extent feasible.MBA's analysis will primarily follow guidance contained in the APCD's 2003 CEQA AirQuality Handbook. ` APCD is currently updating their Handbook. MBA will contact-the APCD during the preparationlof the.study to determine if an updated`Handbook or interim guidance is available. A detailed discussion of MBA's scope of work for the air quality study is provided below. SubTask 1: Data Collection. MBA will collect relevantproject 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 Tri p,`generation and passby trip, assumptions are required to determine project,operational emissions ' and will be obtained from,the traffic consultant early in the proCess_ Analysis,of localized carbon:monoxide impacts requires the results of the traffic modeling identifying traffic volumes and level of service at Congested intersections. Ambient air quality data for the project area will be collected from the APCD and the California Air Resources Board (CARE),MBA will identifythe Current attainment status of federal and state standards,and currenfAPCD attainment plans_Project description ; and reiated documenis`will-�be,reviewed for potential air quality impacts 10 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.doCX Page 18 -F; Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Dei Rio Specific Area Plan PROJECT DESCRIPTION and to identify project design features and sustainability features that help reduce air quality impacts. SubTask 2: Emissions Analysis. The emissions analysis will use well-accepted modeling tools and protocols for quantifying emissions.during Construction and operation of the project MBA will estimate emissions using emission factors and methodologies developed by CARB),APCD, and other agencies.Construction and operational emissions will be quantified using the latest version of the URBEMIS transportation and land use program(currently URBEMIS'2007 Version 9.2.4).Motor 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 Project,and quantitatively or qualitatively include _ project design features and sustainability features as appropriate. The localized impact assessment will Include.a 00 Hot-Spot Analysis. MBA will evaluate a minimum of six intersectionshaving the highest potential for congestion identified,in the traffic modeling. The analysis Will use the California Department of Transportation CALINE4 and the EMFAC2007 models.If the modeling predicts that all of these intersections will exceed the CO standard,remaining intersections that meet the criteria for further analysis will also be modeled for CO hotspot Impacts_If intersections exceed the standard,MBA will determine if traffic mitigationmeasures identified in the traffic study are sufficient to reduce the impact to less than significant levels.Up to 10 intersections may evaluated.If requested by the APCD,MBA will perform an analysis of ambient PM10 concentrations generated during the 'construction phase of the project using the EPA..ISC3 dispersion model. APCD recommends analyzing cumulative air quality impacts by determining the project's consistency with their Clean Air Pian(CAP).The consistency analysis should evaluate the following questions: 1. Are the population projections used in the plan or project equal t0 or less than those used in the most recent CAP for the same area? 2.. Is the rate of increase in vehicle,trips and miles traveled less than or equafto the rate of population growth for the same area'? 3. Have all applicable land use and transportation control measures and strategies from the CAP been included in the plan or project to the maximum extent feasible? SubTask 3: Health;Risk Assessment. Projects that have the potential to attract 'diesel truck trips,have emergency diesel generators,dispense gasoline. or include dry cleaning operations generally require the preparation of a Health Risk Assessment(HRA)to 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 trucks in the ,_immediate vicinity of the project site and on-site truck routes,using the EPA's Industrial Source Complex(ISC3)model and the methodology found in the EPA-454/B-95-003b technical document published by the EPA if the project will install an emergency diesel generator,gasoline 777 11 T:\—Contract ManagementUalmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.dOCX Page 19 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Der Rio Specific Area Plan PROJECT DESCRIPTION station,dry cleaners,or other source of toxic emissions,additional information from the applicant will be required_Cancer and non-cancer health risks associated with project-generated diesel particulates will be n predicted using the Unit Risk Factor,developed by the CARB's Scientific Review Committee for cancer risk of diesel particulates,and the Reference Exposure Level for non-cancer health risks of diesel Y particulates;developed by Office'of EnvironmentafHeatth Hazard t Assessment. MBA will use truck trip estimates provided by the applicant. Subtask 4: Climate Change Analysis: The EPA'recently issued a proposed finding that greenhouse gas emissions contribute to air pollution that may endanger public health or welfare. This latest position from EPA,and .actions by the State of California,eliminate any;questi0n that greenhouse gas emissions and Climate'change,impacts must be addressed in CEQA documents. On April 13,2009,The Governor's Offiee'of Planning and Research(0011)submitted to the Secretary for Natural Resources its proposed amendments,to the state CEQA Guidelines for greenhouse gas emissions,as required by Senate Bill 97 (Chapter 185,2007).These proposed CEQA Guideline amendments would provide guidance to public agencies regarding the analysis and r mitigation of the effects of greenhouse gas emissions in draft CEQA d1ocuments..Although the amendments are'not final,the information will be Considered in the preparation of the analysis: The Air Quality section of the EIR will`riclude Climate Change background information and will provide the federal;state,and local regulatory ,environment for climate Change and,,'greenhouse,gases. MBA proposes the following significance threshold;"Does the project Comply with the provisions of an adopted Greenhouse Gas Reduction Plan or Strategy?If no such Plan orstrategy'is applicable,would the project significantly hinder or delay California's ability to meet the reduction targets Contained in AB32?"The City of`Atascadero does not have an adopted Greenhouse Gas ReduCti6dPlan or Strategy. ' Therefore,MBA will analyze the project's potential,greenhouse gas impact inregards to the state's implementation of AB 32.Other threshold approaches will be Considered iWconsultation with the City. thie significance analysis will include the project's greenhouse gas emissions,inventory.and the project'simplementation of current California greenhouse gas emission reduction strategies_The project's Construction and operational greenhouse gas inventory will be y Calculated using the most Current,version of URBEMIS,CARB's 'EMFAC2007 model,and/or U.S.EPA emission factors.The inventory will fuse the most current baseline year where`complete data is available. andwill estimate emissions at project buildout The inventory will include the off-site emissions resulting from energy generation based on estimated energy usage for the project,water use,and solid waste •disposal,but not Upstream emissionsSUCh as the mining,processing, and transport of building materials: ry k I N, N _ 12 ,_ TA—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.dOCX Page 20 v Del Rio Road Specific plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan ' PROJECT,DESCRIPTION Subtask,5: Develop Mitigation Measures:The air quality analysis will address reasonable ways to mitigate air pollutant andgreenhouse gas emissions through strategies such as construction best practices,energy conservation,shorter or fewer vehicle trips,,increased use of alternative transportation,etc.The analysis would include project design features and sustainability measures that reduce direct and indirect greenhouse gas emissions from the project There are many sources of potential mitigation measures that will be considered for the project The California Air Pollution Control Officer's Association(CAPCOA)white ;paper"CEQA&Climate Change,Evaluating and Addressing Greenhouse Gis'Emissions from Projects Subject to the California Environmental Quality Act"describes numerous mitigation methodologies and strategies for consideration. MBA will assess the project's -` implementation of current greenhouse gas emission reduction strategies contained in the 2006 Climate Action Team Report. Other sources that will be considered include CARE Early Action Measures and CEQA,Mitigations for Global Warming Impacts suggested by the Office of the California Attorney General. 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:A'Biological Resources Assessment for the proposed project site was prepareaon June 13,2006 by Rinoon Consultants and EDA Design Professionals. ClassifiCationof the on-site vegetation communities was based on Holland's classification of terrestrial vegetation communities(1986)and Sawyer and Keeler-Wolfs vegetation classification'system(1995). According to the description,provided in the Biological t t Resources Assessment,the property primarily supports annual,grassland-vegetation with scattered Oak trees as well as omamental/developed',habitats.`Low rolling hills and flats characterize the topography on and immediately surrounding the site: No defined swales or;drainagesare within_ the property boundaries. Surface runoff on the site generally spreads overland and drains in a southwesterly direction towards Graves Creek,which is approximately 0 5!miie from the southwest property,line. The Biological Resources Assessment included database and literature searches, reconnaissance floristic and wildlife surveys,and habitat mapping.-A target list of special- status piant'and animal:.species that occur in the vicinity Of the proposed Walmart property was oorripiled based on review of the California Natural Diversity Database 'a (CNDDB)and,local knowledge of the project area. Field reconnaissance surveys were made,to identify habitataypes and evaluate the on-site soils to help refine the target list of species and focus the assessment of the actual or potential for occurrence of special - 'status'species on the property. Because no drainages or other potentially jurisdictional Waters were identified,a jurisdictional wetland delineation for waters of the U-S.and Californi&waSrnot recommended. Of the 35 speciakstatus plant species known to occur in'the region,eight special-status .plant species were determined to have the potential to occur on the proposed project y site. These include:San Luis Obispo mariposa lily(Calochortuslsimulans),dwarf w " calycadenia(calycadenia villosa),Hardham's evening primrose(Camissonia 1 TA—Contract.Management\WalmartElR\2009 Walmart EIR Contract-MBA.6-1'-09 v2.dOCX Page 21 A J Del Rio Road Specific Plan EIR Consultant Preparation of an EIR fon the Del Rio Specific Area Plan PROJECT DESCRIPTION hardhamiae),Obispo Indian paintbrush(Castilleja densiflora ssp.obispoensis), Lemmon's jewelflower(Caulanthus coulteri var.lemmonii),straight-awned spinefiower - (Chorizanthe rectis ina).,Paso Robles navarretia(Navarreta are dii),and shining navarretia(Navarretia nigelliformis ssp.radians). . Of the 23 special-status animal species known to occur in the region,six special-status animal species were determined to have,the potential to occur on the proposed project site. These include'pallidbat(Antrozous pallidus),Townsend's big-eared bat (Corynorhinus townsendil),white-tailedkite(Elanus leucurus),Atascadero June beetle (Polyphylla"nubila),and American badger(Taxidea taxus). Several species of birds protected by the federal Migratory.Bird Treaty Act and California Fish and Game Code also have the poteritial t0 hest and/or forage on the property. Several oak trees occur on the project site,andare considered to be a valuable resource h by resource agencies and the City. Oaks may provide p6tential`nesting sites for birds protected by the,California Fish and Game Code and the Migratory Bird Treaty Act(META). Furthermore,these trees are likely considered"heritage"oak trees by the City due to their size and age,signifying a high biological as well as aesthetic value. If development plans involve the removal of such trees,a Native Tree Impact Analysis maybe necessary, as stated in the RFP. The following recommendations were made in the Biological'Resources Assessment, along with SWCA's,response(in italics)for their appropriateness and applicability to the EIR analysis: - A qualified botanist should conduct seasonally-timed focused botanical surveys of R the site from April through July to evaluate the!bOtanical resources'of.the project site and determine the,presence/absence of the special-status species plants that potentially occur on-site. A letter of findings and a map'identifying any special-status plant species occurrences should be prepared. tt would be appropriate to conduct A. this task-under the scope of this EIR to confirmpresence or absence of all special- status plant species considered in the EIR and identify impacts and mitigation as necessary. A qualifed,biologist should conduct a survey of the study area to ensure no active American badger'burrows will be impacted from development of the project site. The project'site would;be examined for potential American badger burrows during the additional field,visit/reconnaissanee survey that would be required for the EIR analysis,although it is unknown if any would be observed. A mitigation measure requiring pre-Construction American badger burrow surveys within 30.days of anticipated start-of,ponstruction/ground disturbance.would likely be included in the EIR: Prior to.any"construction related activities occurring from May 1 t0 September 1,a qualified biologist should conduct a survey of the study area to ensure nesting birds .,will not be impacted'from development of the'project,site. A recommendation would likely be made in the EIR to extend the-nesting bird survey window from February 15 to September 1. Many bird species in California nest prior to May 1,and the recommended February 15 to September I nestingb rd surveywindow is routinely used by Caltrans and California Department of Fish'and Game. Extending the nesting bird survey window prior to construction will likely result in a more defensible mitigation strategy under CEQA. 14 T:\—Contract Management\Walmart EIR\2009'Walmart EIR Contract-MBA.6-1-09 V2.d0CX Page 22 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION It is likelythat additional mitigation will.need to be discussed in the Biological Resources section of the EIR. The existing Biological Resources Assessment for the project site will be peer-reviewed for accuracy,and SWCA shall conduct a new literature search and review of the CNDDB to fully evaluate the,special-status species and other biological resources to be Considered in the EIR. Floristic surreys of the project area will be conducted,and habitat mapping will be updated as necessary using GPS/GIS. This information will be used to develop a baseline to discuss impacts and mitigation for special-status plant and animal species,oak trees,and any other sensitive resources identified onsite. in addition,the entire Annex site will need to be surveyed and evaluated;as no previous work has occurred at this location to date,according to ' materials supplied bythe-City of Atascadero. i A Biological Resources Survey Report(BRSR)will be prepared and will form the technical basis for the:Biological Resources section of the EIR. The Scope of Work is listed as follows- Subtask 1: Review and Compile Existing Proje- 'Information: A list of sensitive species with potential for occurrence,will'be Compiled based on review of relevant reports(includingthe`Biological Resources Assessment),the CNDDB,and other pertinent literature. Where necessary,appropriate resource agencies,including California Department of Fish and Game (CDFG)and U.S_Fish and Wildlife Service(USFWS),will be contacted regarding special-status wildlife species with potential to occur in the project vicinity.. In addition,resourceLconservationOrganizations such as the California Native Plant Society(CNPS)and local County of San Luis Obispo-approved plant and wildlife biological:groups will be Consulted, as appropriate. Information Obtained from review of existing literature and discussions with resource experts will be used to identify issues of biological concern within the project site and,if necessary,focus any subsequent field survey efforts. s Subtask'2: Conduct Ground Truth Filed Surveys and Mapping: Surveys by qualified biologists will include updating existing information and mapping data for the project site and new mapping and characterization of the Annex site. The survey efforts will include full floristic surveys of the project site to determine the presence/absence of special-status piant species. If schedule allows,it is`recommended that one spring surveyand one summer survey be conducted in 2009;if work is not authorized by spring 2009,a,spring floristic survey in 2010 may be required to satisfy agency requirements during the CEQA review process. Any observed occurrences of speciaktatus species or plant communities will bedocumented and mapped We have also included -time for an SWCA arborist to assess the size and health quality of any trees that may be impacted as and'considered in the context of preservation,removal,and mitigation`Jhe location,size,and distribution of plant Communities will be mapped using our GPS/GIS capabilities to document existing conditions. It is assumed that SWCA will be provided with a full set of AutoCAD(or Compatible)site plans, topography files,and aerials as well as any previously collected habitat M - 1M1+n.ITm�.•1nrin 15 T:\—Contract Management\Walmart'EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.dOCX Page(23 Del Rio Road Speck Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION mapping data to allow for overlays of habitat mapping and quantification of impacts- it mpacts_it is anticipated that there will be no need for formal protocol surveys for any special-status animal species(e.g..,California red-legged frog). Should any regulatory agencies require additional focused protocol surveys for special-status species,SWCA will notify the City immediately t0 determine the preferred course of action. It is also assumed that no formal,wetiand delineation,jurisdictional determination,or applicable °regulatory permitting(i.e.,Clean Water Act Section 404 and 401; California Fish and Game Code Section 1602 Streambed Alteration Agreement)will be required. SWCA is'prepared to submit a supplemental scope of work and cost:estimate for additional out-oi- scoPe services as requested. Subtask 3: PrepareBiological Resources Survey Report(BRSR): information gathered',during the literature review and subsequent surveys will be described,including major plant communities,wildlife resources,and speciakstatus species of the project site. In addition,a detailed discussion of key federal,state,and local regulations and policies associated with protection of biological,resources of the project site will be included,as well as brief discussions of impacts and recommended ` mitigation. Using the BRSR,the proposed project will be evaluated with respect to y short-term,long-term,and cumulative impacts to biological resources of the proposed project site and surrounding a(eas. Project maps will be reviewed t0 determine the impact areas relative to potential sensitive resources. The focus of the impactassessment will be on determining potential'project-related effects on special-status plant and animal species as well as sensitive habitats. Included in this analysis will be a Native Tree Impact Analysis,which will discuss impacts as required in the City of Atascadero General Plan:and the City of Atascadero Tree Ordinance. Impacts on biologicalresources,associated with project implementation will be compared t0 defined:thresholds of significance based on pertinent federal,state,and local;plans and policies_ Upon assessing impacts,mitigation measures will be included to reduce:to the degree possible,any signifiCa'nt adverse impacts r associated with implementation of the proposed project Mitigatiowwill focus'measures that are reasonably feasible and effective,and will be developed in sufficient detail t0 allow monitOring,for compliance_ Long term`protective measures for sensitive habitats of the project site and adjacent areas will be identified as part of this task,and specific v methods for avoiding or minimizing direct impacts to special-status species or degradation of sensitive habitats will be discussed. • Culturak,Resources. An arehaeologieaVpaleontologicai'study was conducted for the .proposed Walmart`portion of the Del Rio Road Area Specific Plan bjCogstone Resource Management Inc.(Cogstone)in June 2006_ The results of the study were negative for archaeologic6 and paleontological resources.however,the project area was identified as sensitive for prehistoric archaeological and paleontological resources and 00 Q�t{�l r77e 16 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA:6-1-09 v2.dOCX Page 24 Del Rio Road Specific Plan EIR Consultant Preparation'of an E1R for the Del Rio Specific Area Plan PROJECT DESCRIPTION monitoringrecommended_ In addition,the study identified nine historic,period buildings within the project area' Eight of the buildings were dismissed as not worthy of further study,the remaining building;a 1915 residence associated with the initial settlement of the Atascadero Colony,was recommended to be recorded and evaluated by a qualified ' architectural historian.4 Because eight historic period buildings were dismissed without formal evaluation by a qualified architectural historian;SWCA recommends that such an architectural historian record and evaluate all nine buildings to ensure defensibility of the EIR. The Cogstone report also recommended relocation of the single building identified as a"potentially significant historic resource." This recommendation should be reconsidered after the California Register of Historical'Resources(California Register) eligibility ofthe building and the eight others has been completed. The Annex Shopping Center portion of the speck plan area was not included in Cogstone's'2006 study. A cultural resources study,including records search,Native American scoping;intensive survey,and reporting should be conducted forthis approximately 13-acre portion of the specific plan,area. Additionally,because these projects w0614 enact a specific plan and require a general plan amendment,SWCA understands that the City of Atascadero would be'req uired,to conduct government-to- governmentNative American consultation pursuant to Senate Bill,18 of 2005(SB 18). SWCA has.experience and training with such consultation and is able to assist the City with this ask. SWCA proposes to conduct a cultural resources records search for the entire specific plan area,perform project-specific Native American scoping for the Annex Shopping Center portion(that does not constitute SB 18 consultation),COnductan intensive pedestrian archaeoiogicalgsurvey of the approximately 13-acre°AnnexShopping Center area,a built environment survey of the entire Del Rio Road Area Specific Plan area,and prepare California Register evaluations of the nine buildings within the Walmart Supercenter area. SWCA assumes no additional built environment resources(building,structures,or objects)Will be encountered during the study,which would require further evaluation. If any such additional resources are identified which require recording,updating,and/or evaluation,a,change order may be required. The results of the Cultural resources study (archaeological and built environment)will be presented in technical report_ SWCA also proposes to prepare a paleontological sensitivity study for the Annex Shopping Center portion.of the specihcIplan area under separate cover.,The paleontological sensitivity study would in museum records searches and preparation of a technical report Preparation of the technical studies will follow the scope of work fisted below: Subtask 1:F.`. Cultural Resources Records Search. A California Historical'Resources Information System(CHRIS)records search of the project area will be _ conducted at the Central Coastal Information Center(CCIC)located at 'the university of California,Santa Barbara. The primary purpose of the records search is to acquire site records for all previously recorded cultural resources within or within 0.5-mile of the specific plan area,as Well as copies of all previous Cultural-resources studies. A map showing 4Ahe results of the literature search including areas previously inventoried and previously recorded sites will beprovided. Subtask 2' Contact the California Native American Heritage Commission. SWCA will contact the California Native American,Heritage Commission(NAHC) for review of their Sacred Lands.File. The NAHC will determine if any NNIN,� 116M IMn M�� eu.Orn 17 T:\—Contract Management\Walmart;EIR\2009 Walmart EIR Contract_-MBA.6-1-09 V2.dOCX Page 25 a 4, c Del Rio Road Specific Plan EIR Consultant Preparation of an OR for the Del Rio Specific Area Plan PROJECT DESCRIPTION ` NAIC-listed Cultural resources important to Native Americans are located,within or adjacent to the Annex Shopping Center portion of the n specific plan area. In addition,the NAHC Will provide a list of Native American contacts for the study area that they-believe should be contacted for additional information. SWCA will prepare and mail letters toeach of the NAHC-listed.Contacts,requesting information regarding anyNative American cultural resourceswithin or immediately adjacent to the studyarea. Subtask 3: Conduct Archaeological Survey of the Proposed Annex Shopping Center. Upon completion of the CHRIS records search,SWCA will conduct a Phase I intensive pedestrian survey of the entire, approximately 13-acre Annex Shopping CenterporUon of the specific plan area. An SWCA archaeologist will conduct the survey utilizing ` pedestrian transects spaced at maximum'ntervals of 10 meters, covering all portions of the project area. Transect accuracy will be Y maintained though use of a hand-held global positioning system(GPS). For the purposes of this proposal and cost estimate,SWCA assumes that the cultural resources survey will be negative for archaeological resources(i.e.no previously unrecorded archaeological resources will be encountered and no previously recorded archaeological resources will require updates). Any previously,unrecorded archaeological resources identified-during the survey may require a'change order for formal recordation. No testing or excavation will be Conducted,nor will any artifacts,samples,or specimens be collected during the survey. Subtask 4: Conduct.Built Environment Survey ant Evaluation. An SWCA. architectural historian will conduct an intensive survey of the entire specific plan area_ As noted previously,SWCA assumes that no more than the nine referenced built environment resources will require evaluation for California Register eligibility. The architectural historian will also Conduct archival research at local repositories including the Atascadero Historical Society,as is deemed necessary,using h• professional judgment. As part of this task,SWCA architectural histdrbris will prepare appropriate California Department of Parks and Recreation(DPR)Series 523 forms for each of the;_buildings evaluated for California Register eligibility. Theserecords will be included with the report;an additional copy of each set Of forms will'be submitted t0 CCIC, in accordance with Information Center requirements_ 0' Subtask 5: Prepare Cultural Resources Technical',Report. The report will document and summarize the results of�records search,Native American scoping,and archaeological and:architectural history surveys, as well as provide CaliforniaRegistereligibility recommendations for the ..'nine built environment res0urcestested with recommendations for _ 1mpact mitigation. Evaluation of local eligibility is not included in this scope as it does'not necessarily equate to'mandatory or presumptive California Registersignifl_Cance: The report will meet the Secretary of '.Interior's Standards and Guidelines and will1ollow the California Office of Historic Preservation'sArchaeologcal Resources7Management Report (ARMR)format Maps depicting the`res0urceS`IOCated within the project area and their relationship to the project components will b ° I SINN 18 T:\—Contract Management\Walmart'EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.docx Page 26 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR,for the Del Rio Specific Area Plan PROJECT DESCRIPTION Three hardcopies and one electronic copy of the report will be provided to the City,an additional copy of the report will be submitted t0 CCIC,per their requirements. If the locations of sensitive archaeological sites or Native American cultural resources will be depicted or described in the report,it will;be considered Confidential;the report may not be distributed'to.the public. In order,to protect these sensitive resources, the Confidential technical report shall be made available only t0 qualified cultural resources personnel;the:landowner,and project management personnel on "need to know"basis. Subtask 6: Assist City with SB 18 Native American Consultation. Enactment of the Def Rio Road Area Specific Planwill require formal government-to- government consultation between the City of Atascadero and NAHC- listed bands or tribes pursuant to SB 18. SWCA will assist the City with this consultation by contacting the NAHC on behalf of the City for a review of;their Sacred Lands File. If this task is selected,SWCA will provide the NAHC a map and legal description of the specific plan area. The NAHC will determine if any NAHC-listed Native American sacred lands are located within or adjacent to the specific plan area. In addition,the NAHC will provide a list of SB 18-specific Native American p Y Y contacts for the Ian area that the believe should be Contacted for additional information_ SWCA will providethe Citya letter template, checklist,and detailed instructions to'ensure the City.can complete meaningful consultation with interested Native Americangroups. Subtask 7: Paleontology Museum Records Search and Literature Review. SWCA will examine records maintained•by,the Natural History Museum of Los Angeles County and the University California Museum of Paleontology ._ in order to determine whether or not,previously recorded paleontological resources occur within the approximately 13=acre'>Annex Shopping Center portion of the specific plan area or within a 1-mile radius of its boundaries. Published and unpublished literature°and geologic maps wiWbe reviewed in order to thoroughly assess the paleontological resource potential of the study area..'Using the results of the geologic map search,locality searches and dKerature're'view,the paleontological resource potential(sensitivity)of all,geolo&units.within the project areas will be evaluated and analyzed in accordance to professional standards set forth by the Society of Vertebrate Paleontology and in accordance with CEQA requirements. Subtask 8: Paleontological Resources Technical Report. At the conclusion of the records search and literature review,a'Paleontological Resources Technical Report will be drafted documenting the results of the paleontological study. The.report will;describe the geology of the project areas in,terms of their paleontological Content'and sensitivity,present the results of the paleontological sensitivity summarize and discuss previously recorded fossillocalities within the project areas(if any);discuss the significance of previously recordedlocalities within the project areas and elsewhere in the,same geologic units;discuss the paleontological requirements of the project and'compliance with the requirements in the context of existing'legislative authorities;and present paleontological resource mitigation,recommendations. The UNNO 19 T:\—Contract Management\Walmart_EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.docx Page 27 Del Rio Road Specific Plan;EIR Consultant 'Preparation of an EIR for the 17W Rio Specific Area Plan PROJECT DESCRIPTION _ r report.will also include a paleontological sensitivity GIS map that will depict areas where further mitigation(such as construction monitoring) may recommended. The Cultural Resources section of the EIR will rely heavily on information produced in current technical reports';(Cultural'and paleontological). The existing Conditions,regulatory setting,and project-related impacts would be identified. This,task will include an assessment of potential y short-term,long-term,residual,and Cumulative impacts related to project development Impacts associatedwith project implementation will be compared to defined thresholds of significance based on pertinent federal,state,and local plans and policies and consultation with the City and other regulatory agencies. This task may also consist of developing mitigation measures designed to reduce,to the degree possible,significant,adverse impacts.associated with implementation of the proposed project_ Mitigation will focus on'those measures that are reasonably feasible and effective,and will be developed in sufficient r_ detail to allow monitoring for compliance • Geology,Soils,and Seismicity. Based on review of the:prelimina`ry geotechnical report provided by the applicant,the Site contains Several featuresthat will require-engineering and designnsolutions to be incorporated into the site,and building plans for the Project. Specifically,the site is in a.seismically active area although'no faults are present on the site,the site has soils with low expansion characteristics that;will require some replacement fill,and,the depth to groundwater is low requiring use:of special drainage techniques and consideration during grading. MBA will also review information provided from the MRCS,other relevant reference materials,and environmental studies prepared ' for developments inthe'vicinity of the proposed project;MBA will provide an evaluation of ' geology,soils and seismicity in the EIR.MBA will review the geotechnical report provided by the applicant along with other available information to assure CEQA adequacy, if the provided study issuffcient,MBA will incorporate the results into the EIR_This evaluation. shall discuss the stability of the soils and geoiogy to'suppon the,project and its associated''infrastructure.The study shall addresses the,potential for lateral spreading, subsidence.,liquefaction'or collapse,seismicrelated ground failure;'including liquefaction,strong seismic ground shaking,expansive soils,.and'soil erosion.Mitigation measures ifthere,are�potential significant impacts will be recommended. • Hazards andvHazardous Materials. MBA will evaluate'the potential for the proposed project to create significant public safety hazards or'expOse humanhealth or the. environment to hazardous materials_ This work plan assumes that the project applicant will provide a Phase I'Environmental Site Assessment prepared by Registered, 'r 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 Environmental Site Assessment in the EIR. • Hydrology and Water Quality_ Based on information provided in relevant reference materiais and environmental studies prepared for developments in the vicinity of the proposed project in addition to data obtained by the project<engineer,MBA'will provide an evaluation of hydrologyand water quality in the EIR.Our,discussions will include an evaluation of the potential construction and operational impacts of the prop eUqg,-, i t6t..1 WWm"-'Aw 20 TA—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.d0CX Page 28 s Del Rio P Road Specific Plan EIR Consultant Preparation ofan EIR for the Def Rio Specific Area Plan PROJECT DESCRIPTION on surface runoff,flooding,and the increase in impermeable surface area.Stormwater runoff information from the project engineer for the proposed project will also be evaluated.MBA will'summarize the existing hydrologicaland water quality characteristics v of the project site and the potential impacts from the implementation of the proposed project.A qualitative discussion of water quality issues related t0 the proposed project will be provided.Conformity of the proposed project t0 water quality regulations,urban a Water ManagemenffPlan,and any City of Atascadero Water Resources Plan will also be discussed;with mitigations proposed as appropriate to'reduce potential impacts and keep this project inconformity with those regulations and Plans.Mitigation measures for hydrology and water quality impacts will be recommended,if;needed.In particular, consultations with Regional Water Quality Control Board,local Flood Control District, Department of Fish and-Game,US Fish and Wildlife service and any other responsible and trustee agencies`and parties of interest regarding the required construction stormwater pollution prevention plan and to decide if mitigation measures will be required to protect Graves Creek. • Land Use. MBA will identify existing onsite land uses and land uses in the immediate vicinity of the proposed,project from existing information,available aerial photography, and a field visit.-Ah,existing land use map will be presented in the EIR.The EIR will evaluate the compatibility--of the proposed project,in,relation to surrounding land uses and consistency with regional plans and programs,and`City'of Atascader0 plans and n policies,including,-but not limited to,the General Plan,and Zoning Ordinance_Impacts on existing land uses including the compatibility of proposed development with nearby undeveloped lands,as well as potential future land uses in the project vicinity,will be assessed for the construction(short-term)and operations(long erm)phases(i.e.,traffic trips,noise emissions,visual alteration,etc_)_Density;,interrelationship of uses,and environmental,impacts will also be addressed from�a land use impact perspective.The appropriateness of the proposed project will be evaluated with respect to the existing and proposed General Plan land uses,emerging land use trends,and regional access availability.The General Plan Land Use Diagram Amendment,the Specific Plan,as well as Changes to existing zoning conditions will also be analyzed._Measures will be recommended to reduce or eliminate adverse land use effects,.as necessary. • Noise. Development of the Del Rio Road Area Specific Plan would greatly increase the level of activity in the area.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-, Subtask 1: Data,Collection. MBA will obtain copies of all applicable noise } regulations(City,State,or other relevant agency)and identify A transportation-related noise sources such as°major arterial roadways,, and stationary(non-transportation related)noisbImpacts from adjacent land uses to the project study area. Subtask 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. Subtask 3: Construction Noise Monitoring. MBA will utilize SoundPlan to model construction noise impacts on surrounding land uses. — 21 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.&-1-09 V2.d0CX Page 29 Del Rio Road Specific Plan EIR Consultant Preparation of an DR.for the Del Rio Specific Area Plan PROJECT DESCRIPTION Subtask 4: Vibration Analysis. MBA will utilize the Caltrans Transportation-and Construction-Induced Vibration GuidanceManual as the basis for evaluating construction and operational vibration.Typically,vibration impacts can be readily assessed'qualitatively;however,if deemed s ,a_ necessary,MBA will quantify estimated vibration levels. Subtask S: 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. Subtask 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.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. • 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. MBA,will consult with affected public service and utility purveyors to " assess potential impacts of the proposed project affect This work;plan assumes that the project applicant Will,provide information about the;proposed project's utility loads. In x addition,this work plan assumes that the City of AtasCadero or the relevant water agency 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(CEQA Guidelines Appendix F) Letters describing the,proposed project will'be sent t0,all service and utility agencies. Answers wilf be requested to document existing and planned;facilities'Current and punned 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. 22 -1-09 V2.dOCX Page 30 TA-Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the`fie/Rio Specific Area Plan PROJECT DESCRIPTION " v • Transportation:, The transportation analysis will be based on the stand-alone Traffic Impact Analysis report prepared by W-Trans. The traffic impact study will be based on the following scope of work: Subtask 1: Environmental Setting. Relevant,background doeuments.such as the City's General Plan and approved'environmental documents for Other projects'inthe'area will be reviewed and details relevant to the current effort identified. Goals,policies and programs from the General Pian -. Transportation Element will be indicated as appropriate" The thresholds of significance for the circulation analysis will be determined based on v CEQA guidelines together with criteria set by the City of Atascadero, K County of San Luis Obispo,and Caltrans. These thresholds will be defined in the circulation section. The study periods for theAraffic study will include the weekday p.m.peak;hour and Saturday midday peak hour based on the potential peak traffic generation by the proposed project Vehicle turning movement counts for the two periods will be obtained for the following study area that would include the following intersections: 1. Del Rio Road/EI Camino Real 2. Del Rio Road/U.S" 101 Northbound Ramps 3: Del Rio Road/U.S"101 Southbound Ramps 4. Del Rio Road/Ramona Road 5. Del Rio Road/Obispo Road 6" EI Camino Real/Mission Oaks Access 7. EI Camino Real/San Benito Road 8.. El Camino Real/San Anselmo Road(N) 9:- EI Camino Real/San Anselmo Road(S). 10 San Anselmo Road/U"S"101 Northbound Ramps 11. San Anselmo Road/U"S"101 Southbound Ramps 12.SR 41/EI Camino Real 13. SR 41/U"S"101 Northbound,Ramps 14. SR 41/U.S.101 Southbound Ramps 15. EI Camino Road/Traffic Way r 16_ El Camino Real/San Ramon Road 17.,EI Camino Real/U.S.101 Northbound Ramps 18"San Ramon Road/U.S.101 Southbound Ramps 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 completion of improvements to the SR 41 interchange. Feld Conditions will be field surveyed to verify right-of-way controls,lane Configurations,and signal phasing" Existing,Conditions at the 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 Ak BONN 23 T:\-Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.docx Page 31 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for.the Del Rio Specific Area Plan PROJECT DESCRIPTION text and summarized in a Level of Service.table. Copies'of all calculations will be provided in'a technical.appendix. Baseline Traffic conditions will be developed for the weekday p.m.and weekend'midday peak hours for the anticipated year that the project is 4 expected to become operational. In order to establish projected traffic volumes for this scenario,a list of the approved projects expected t0 be completed by the short-term year will be obtained from City Staff. The trips associated with these developments 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 at each of the interchanges will be developed using SYNCHRO_ SYNCHRO and/orSIMTRAFFIC will also besused to determine the adequacy of turn pocket lengths at these intersections. Projected future volumes at the study Intersections for a-to be determined"horizon year will be obtained from the either the previous traffic projections developed for Atascadero Interchange Study and/or the San Luis Obispo Council of Government's updated countywide traffic ,model,if;available_ The results of this analysis will be presented as r indicated above for the Baseline scenario. Because the interchange study and the County model only include weekday traffic volumes,and not weekend peak traffic volumes,the future.horizon year will Only focus on the weekday p-m.peak hour_ Intersections that showed higher traffic volumes during the weekend peak will be evaluated based on a factoring method. Mainline itraffic operation during the p.m.peak hour will be determined for segments of U.S.101 to the north of San Ramon Road and to the south'of SR 41 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 wilfbe"described,including routes andfrequency of service,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.Atascadero's Bicycle Plan and 1 described. Existing parking supply on the streets surrounding the site will`be field reviewed and described in general terms. Subtask 2: Impactsand 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 rojectgenerated trips will be distributed t0 the road network based on either existing or future patterns evident'inthe County traffic model. 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 Baselimand Future scenarios upon the addition of project-generated traffic. Intersection operating conditions will then be determined,and any results that do noot�tt�meet the - 24 tJ T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.dOCX Page 32 Del Rio Road Specific Plan EIR Consultant Preparation ofan EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION overseeing jurisdiction's established operational standards will be identified'. Traffic operation during the p.m_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 p.m.peak hour impacts to the U.S.101 segments north of San Ramon Road and to the south of SR 41 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-capacityoperation,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 based on a qualitative,rather than quantitative,review of existing facilities and anticipated future;needs. Where appropriate, these'will be indicated graphically. Two alternative land use scenarios such as a reduced land use or mixed use project will be evaluated in a qualitative,but not quantitative,manner. Subtask3: Draft Traffic and Circulation Analysis: A draft stand alone traffic/circulation analysis will be prepared and submitted to the DEIR consultant for use in preparing the Administrative Draft EIR. The study will include exhibits showing lane configurations and traffic volumes for various scenarios,tabular summaries of the:.LOS and operational analyses,and a full technical appendix. The decision to provide a stand along.traffic study or a section of themDEIR will be discussed with City staff and the DEIR consultant to determine the most appropriate vehicle for the traffic analysis. Comments received on the draft traffic and circulation study will be addressed,and the report finalized for use by the DEIR consultant in preparing the Draft EIR. W-Trans has assumed up to 20 hours to respond to staff comments on the draft traffic study_ y Subtask 4: Prepare Responses to Comments:,Comments relating to the traffic and i' circulation study prepared by W-Trans for the DEIR will be responded to _ and forwarded to the DEIR consultantforuse in preparing the Final EIR. Up;to`32 hours are included for response to comments_ Receipt of extensive comments or the need'for re-analysis are'specifically excluded. W-Trans shall assist the DEIR consultant in responding to any outstanding comments or clarifications needed on the Final EIR prior to its release. Up to 8 hours of assistance are included. S_ubtask 5:" Meetings and Hearings: Following the initial kickoff meeting at the City of Atascadero,W-Trans will beavailableto attend meetings and/or public hearings at a unit cost of$2195 per meeting or$2805 per hearing_ • Urban Decay There are currently two active and coordinatedproposals for large-scale _ commercial projects in the Area:a Walmart Supercenter of approximately 150,000 square feet and the Annex Shopping Center with approximately 115,000 square feet of additional commercial space. Accordingly,there is the potential for the expanded store to 25 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.dOCX Page 33 4 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION divert a significant amount of sales from competitors that may result in store closures, which could create conditions conducive to urban decay. The urban decay analysis will be based on the stand-alone economic report prepared by BAE. Subtask is Project initiation_ 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,taxable sales data,and previous studies will also be discussed and made available to BAE if available at time of startup. In particular,BAE will review relevant work products from ADE related to the City's Economic Development Strategy,including available data from the shopper survey. This meeting can take place by phone or in conjunction with the area tour in Subtask 2. Subtask 2: Identify Key Retail Nodes in Atascader6 and Surrounding communities. With assistance from City staff,online research,and available previous studies such as the ADE Economic Development Background Report from February 2009,BAE will identify other major retail nodes in the area,noting in particular existing,under construction, and planned supermarkets and general merchandise outlets that would Compete with Walmart Supercenter anchor-. As part of this assessment BAE will also attempt to get reliable information on the square footage of p 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(e.g., 'Downtown)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 Atascadero and neighboring communities that would compete with a'region-serving center such as what is proposed here. Any such projects will be considered in an ,y analysis Of potential cumulative impacts. Subtask 3: 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 will be published taxable sales data from the State Board of Equalization. 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 j: taxable. Additionally BAE will use Zip Code'Business Patterns to generate an estimate of sales in unincorporated areas around MIN 26 j" T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.d0CX Page 34 DeFRio Road Specific Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION Atascadero. Taxable sales data are not available for unincorporated subareas of counties. Subtask 4: Define Trade Area for Proposed Project. The Trade Area boundaries are likely delineated in large part by the location of existing and planned I' competitive retail,particularly othermajor existing and planned discount general'merchandise stores and supermarkets,as well as the distance shoppers are willing to travel to a Walmart Supercenter. Additionally, preliminary demographic analysis(see next task)will help in defining -Trade Area boundaries. Subtask 5: .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,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 anarea. The analysis will look at historic data and projections,and Compare to California overall as abenchmark' Data sources will include the decennial U.S.Census,the American Community Survey,the State Department of Finance,the San Luis Obispo Council of Governments (SLOCOG).Claritas(a private vendor of population estimates and projections),and data available from local jurisdictions in the region. Subtask 6: 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 particularfocus.,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 based on benchmarks from other geographies such as the State of California,or Communities with a demographic profile similar to the Trade Area. Subtask 7: 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 that might potentially occupy the remainder of the project will also be estimated. Subtask 8: Assess Performance of Competing Retail Nodes. While a leakage analysis is critical t0 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 4' outlets regardless of the leakage analysis. For instance,a trade area might,nothave 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 in large part on the key Competitive categories of large general merchandise outlets and supermarkets and their centers,but will consider other retail types that IIIINII 27 TA—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.dOCX Page 35 Del Rio Road Specific Plan'EIR Consultant 8 Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION might potentially be in the project Synthesizing information gathered on sales performance and store size,BAE will°develop an estimate of average sales per square foot for the existing outlets.forlarge general merchandise outlets and supermarkets. These averages can then be compared to industry;benchmarks..,such as average sales for all Walmart stores or theircompetitors,data derived from industry surveys, etc. When possible within the constraints of available data,this analysis - can,be refined by looking at individual competitors,s,since overall strong perstore 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 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. Subtask 9: ;'Estimated Potential Sales in Proposed Project and Impacts on Existing Retailers. Based on typical sales performance for Walmart Supercenters,with possible adjustments,due t0 locational advantages/disadvantages or other factors;BAE will estimate sales capturedby the proposed Supercenter,separated by general merchandise and food categories. Sales for the remainder of the Center wilt be estimated based on benchmarks for.known tenants or tenant •types where possible,and by typical shopping Center performance where the type of retail outlet is unknown at the time of the analysis. This will then be Compared t0 potential sales growth and leakage in the Trade Area as determined above to factorout 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 Walmart opens,since the _ entire project may not be built out at the,same time)and for a point in time a few years later. These dates will beselected in consultation with : the City and the EIR Consultants. In addition to driving the economic impact analysis,these sales estimates'will;be used as inputs for the fiscal impacts analysis. The remainingsales will be assumed to be captured from existing outlets. Once the,proposed projects impacts are takeninto consideration,performance will be evaluated relative to current conditions(as shown by Task 8 above)and again to industry 'standards,to see how the net doss 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 Ata-scader0 and the Trade Area. As the final part of this task,BAE will Consider impacts related t0 the physical contextfor the major competitors.`In other words,BAE will see how the competitors are integrated into a surrounding retail Context(e-g-,major 9 anchor in a community-serving center of large retailer in a shopping district)and assess likely secondary business impacts due to a decline in business or closure of a major anchor., W 28 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6=1-09 V2'.d0CX Page 36' Del Rio Road Specific Plan-EIR•Consultant Preparation of an EIR for the Dei'Rio specific Area Plan PROJECT DESCRIPTION Subtask 10: Determination of Urban Decay and Physical Deterioration. Two h' conditions are necessary;but not sufficient in themselves,for a large 3"gew 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 in Task 9. Second, the real estate market conditions must be such that the vacated space is not.re-leased in a 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 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 Atascadero and the Trade Area,including Current vacancies and potential for re-tenanting of any store space 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 theAtores-due to negative impacts from the opening of the proposed center.-This assessment will rely on broker interviews and field surveys t0 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 s fall into a Condition of urban or suburban decay. 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_ Subtask 11;Fiscal mpacts Analysis. BAE will analyze the impact of the proposed projecton the City of Atascadero's General Fund and its Redevelopment y a Agency budget(since the project is in the City's`Redevelopment Area)by estimating annual fiscal revenue and cost'items generated by the development Fiscal impacts at the project's buildout will be presented r in Current dollars. This analysis will be conducted using:a customized fiscal,impact model developed for this project_ Subtask lla-Review,Fiscal Conditions.BAE Will acquire and review the latest version,of " the City's budget along with the budget of the Redevelopment Agency. `y If necessary,BAE will interview staff from the City's Finance Department to'understand the relevant funds that would be impacted by development Subtask-11b-Revenue Estimates. Revenue items considered-will include sales tax, "property tax,property transfer tax,franchise fees,fines and forfeitures, and'any other applicable taxes and fees. Baseline sales tax revenues will`be generated based on the sales estimates for the project developed as part of the retail impact analysis. Subtask 19.c,Cost Estimates. Cost items Considered will,include police,fire,public works,recreation and library services;and general government services, NII N 29 t T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09,v2.dOCX Page 37 Del Rio.Road Specific Plan EIR Consultant Preparatfon oran EIR for the 00 Rio Specific Area Plan PROJECT DESCRIPTION as well as any project-specific Costs Coveredby the,city`such as land write-downs,tax rebates,etc. The cost analysis will,whenever feasible, study the marginal cost of providing'additional service. As part of this fi process,BAE will contact;local public service providers including the police department and fire district to assess existing service capacity and the potential impact Of the'proposed,project_ For police,BRE will work with the City's Police Department t0 examine the Current beat structure and determine how this may need to be atteredto serve the new development Any new patrol officers and/or equipment would also be.analyzed on a marginal basis. Forfire,BAE'will Contact the Atascadero Fire Department to evaluat&existing Capacity at the station that would serve the proposed project,assess any additional labor or n r equipment costs that the station would incur,and whether a new station would'be,necessary. Subtask 11d`: Net;FisCal Impacts_ The fiscal analysis will culminate in a comparison of ' the Costs of the project to the city relative to the revenues generated by the'project Subtask 12: Preparation of Written Report. A written report for the project will be prepared,which details the assumptions and conclusions of the x analysis_ The report will be crafted,to meet the requirements of CEQA as a`technical appendix and will be initially submitted electronically as an ,Administrative Draft Subtask,l3: 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,Land 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 will be conducted with respect to Conditions at the time of its research effort_ If $: changes in the project description or Other changes in IOcol 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. BAE will respond to comments provided by the,City,the EIR prime Consultant;and otherparties on the Administrative Draft,and will be available to take part in a telephone conference t0 discuss commentsonthis document Additional study - z , -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 revisio,ns;to the BAE report,additional analysis required may require revisions to the stated budget and scope. f Subtask 14 Respond to Comments on Public Review Draft:Economic Impact Analysis and Final EIR. Based on recent,experience with other Walmart INI7N+ 30 T:\—Contract ManagementMalmaIrt,:ElR\2009Walmart EIR Contract-MBA.6-1-09 v2.dOCX Page 38 µ _ Del Rio Road Specific Plan EIR Consultant -Preparation of an EIR for the Del Rio Specific Area Pian . PROJECT DESCRIPTION } projects in California,it is anticipated that there may,be substantial Organized opposition to the project 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 isnot 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 t0 discuss public comments, and will prepare responses to those,comments,as needed as part of the i'. preparation of the Final EIR and approvals process:rl 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 atBAE's hourly rates in effect {` at,that time. j Subtask 15: 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 three hours preparation time per meeting,in anticipation of additional comments being received after the FEIR is published but before these meetings(this has been BAE's experience for almost all the Walman EIRs it has been involved in). Additional meetings and preparation time will be billed on a time and materials°basis as t discussed below. • Significant Unavoidable Adverse Impacts. MBA will discuss all'signrtcant unavoidable ^, adverse impacts,in.eonformance with CEQA Guidelines,Section 15126(b). The discussion will include any impacts that can be partiallymitigated;but not to a level that is less thansignificant:-Any mitigation measures considered,but eliminated from f suggestion because of new impacts that would be associated with their,implementation, will also be discussed. • Growth•Inducintimpacts. Pursuant to Section 15126(g)of the CEQA Guidelines;MBA will discuss any potential growth-inducing impacts of the proposed°project. Potential b: sources of growth,inducement and their corresponding impacts.such as removal of obstacles to growth,(ie.,extension of infrastructure),new employment generation,or major economic influences,will be qualitatively analyzed,to the extent that they are applicable. . ... it ,. • Alternativesto the''Proposed Project. MBA will evaluate three aftematives to the proposed project..One'alternative will be the CEQA-required"No Project Alternative_- The two other alternatives will be formulated in consultation,with the City,and it is anticipated that at least one wrilf Consider reducing the project square footage or acreage. Each s - 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 31 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.dOCX Page 39 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION 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 s, - Table of Contents. - Irreversible and Irretrievable Commitment of Resources _ - List of Organizations and Persons Consulted - Preparers of the Environmental Document b - References - Appendices Task 5: Draft EIR 4 e MBA will respond t0 the:City and applicant's comments on the Administrative Draft EIR, s 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 cacti fproject 4. 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 r° comments will'be provided to MBA.The City will reconcile conflicting review comments,if 3l needed,betweenCity staff before giving comments to MBA. • Complete one set of revisions to the Administrative DraMEIR,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 projector Changes in,reporL 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. • Reproduce25 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 teehnical'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. During the 45-day public comment period required for the Draft EIR,MBA will conduct an all day Draft EIR/Draft Specific Plan Comments Open House. MBA will take the lead with City staff. The Specific Plan!consultant will be present to answer questions regarding the plan. Task 6:Administrative Final EIR MBA will,prepare(written responses to comments received on Me Draft EIR that raise significant environmental issues and submit them for City Astaff,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. MUNI, 32 TA—Contract ManagementUalmart:EIR\2009 Walmart EIR Contract-MBA.6-1_-09-V2.doCX Page 40 Del Rio Road Specific Plan EIR Consultant Preparation ofan EIR,for the Del;Rio Specffic Area Plan PROJECT DESCRIPTION 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 4applicant'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 hard-copies and one electronic version(PDF)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 ofthe data contained in the Draft EIR with aebudgeted effort of up to 120 hours for technical,staff in this task.The project applicant's Consultants will be responsible.forresponding to technical questions on their respective're,ports 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 united comments,incorporating all City staff comments will be provided to MBA.MBA will reproduce,25 papercopies,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: Planning Commission and City Council Public Hearing Attendance it MBA and critical subconsultants will make formal presentations to the Joint City _;Council/Planning Commission, Planning Commission,and the City Council Public Hearings for certification of the Final EIR. MBA will discuss the EIR process and findings and be available to answer questions from Planning Commission,City Council,and the public. MBA will prepare handout materialsregarding the EIR process and graphics,if needed,to describe technical environmental issues. 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 time of the CEQA findings_ is MBA.will.preparelaDraft MMRP in accordance with the CEQA Guidelines and the City's ,CEQA implementing pocedures.The MMRP will be designed t0 ensure compliance with., adopted initigation requirements during projectimplementation_In coordination with City staff,MBA will prepare the MMRP for mitigation measures that address significant impacts. • The program win tie 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. ' 33 TA-Contract Management\Walmart-EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.docx Page 41 Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Def.Rio Specific Area Plan PROJECT DESCRIPTION • After reviewand 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:Mailing,and Notices MBA will be responsible for the coordination and management of all electronic and mail noticing requirements in accordance with CEQA. All notices,will besubmitted to the City for review and approval.This task'includes the preparation of the following: • Initial Study/Notice of Preparation ■ Notice of Completion(NGC)of the Draft EIR • Final EIR • Notice of Determination with the County Clerk 4 � The proposal assumes a'maximum of 2,000 single page notices wili'be mailed during the EIR process. The city has indicated that the Consultant may be required to provide notices t0 all addresses in the.CityIn that event,the Cost of the mailing;will be billed to the City On a time and materials basis. MBA will coordinate newspaper;noticing if,this method of notification is requested-by the City,However,the cost of the service has not been included in the proposal and would be billed t0 the City on a time and materials basis. ' MBA will coordinate with the City or the applicant's representative to prepare and file the Notice of Determination with the San Luis Obispo County Clerk withinfive 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 five 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. Task 11:Project.Management and Coordination MBA is firmly committed:to developing and maintaining close,working,relationships with our client.Emphasis on client/oonsuftant communication,as well as involvement of MBA rand sernor staff`inall - principals Is pa projects,results in pertorniance.tfiat'satisfies project z Objectives,government requirements,and client needs.Communication is key to a successful project. MBA will place,top priority on working as a partner with the City;otherproject team members, as necessary,and/or applicant during environmental processing of the project We will help anticipate'controversial issues,devise solutions,and provide expert environmental compliance consultation.-undersianding 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/or,thie applicant and requires frequent information'sharing among project team members.MBA has assumed up to five project meetings(includes telephone conference meet ings),with the City,other project team`members,as necessary,and/or the applicant MBA may,attend additional meetings On a time and'materials-basis,with authorization. 1 M 34 T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.doCX Page 42 Del Rio Road Speck Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION 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 • Findings of Fact..MBA assumes the City's or applicant's legal counsel will prepare the .� Findings of Factnecessary 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. z 2 - o i < o r 4 - TA—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.dOCX Page 43 Del Rio Road Specific Plan EIR Consultant EXHIBIT-13 Compensation and Method of Payment Budget not to exceed $427,615:00 without prior written authorization from the City of Atascadero. This is a fixed fee contract not to exceed the amounts listed below. All work will be billed monthly on a percentage of'completion of the approved scope of work. Table t:Cost Chan -' n Billing Rate 0 260 210 155 z , h w110ursl Amts+r;Noun Amt_ aNOun .Amt d' Noluf Amt's_ r:----c ` �` "W .w t Project Descnptlon/BadWoun0 - '0 - '8.'-...$2,080 16 $1920 0 _ f0W63108 6280 4 $300 O f0 0 0 8 I 6880) 11Y I H60 $6.210) 50 NOW Of PrepaMUor/Inittal Study. 2 $520 16 .41920 0 so 6560 O f0 '0 so0 0 8 (5101 5 6475 $4,295) 39ScopingandPudic PaNcipation Process B $2,080 24 $2,880:. 0:. f0O id 0. f0 O fo 0 O 4 1 $340 5 1 $475 55,775 41 Admin OUR 30 $7,800 240 $28.800 ' 24 45,0400 $8,400 80 Se00D 8 $760 8 960 20 $1.700 1 80 67,600 $73,260 650 Dreg EIR' 20 $5,200 80 $9,600 6 $12600 $2.800 20'. $1.500 2 $190 2 240 5 $425 30 $2,850 $25,3051213Admin FOR 8 $2,080 60 $7,200 6' $1,2602 5840 a $600 2 "6390 2 240 5 $425 1 20 SL900 $15.975 131 Final EIR ° 8 .'$2.080 40 $4.800 6 $1280B $560 4 5300 2 $190 2 240 5 $425 20 $1.900 $12.220 98 Ptanning COn,MMMn/ply CBune11 PUMHearings 20 $5-100 40 $4,800 0 $0 0 s0 0 $0 0 $0 : O f0 0 0 0 $0 4 4380 610,380 1 64 MMRP - 2 5520 6 .$720 '0 f0 0 $0 8 6560 0 $O 0 $o 0 0 0 $O 10 $950 62,750 26 Mailing and N011ce4 O $0 0 $0 ..0'. s0 0 SO 0 $0 O $0. 0 $O 0 0 0 $0 W $950 6950 30 PmjBCl Management en000orClnatbn _ _, 40 $10.400 80 49,600 _..0 10_ 0 SO 0 $0 0 $0 0 SO 0 0 0 _ f0 O' $O 420,000 120 ,._. ' Total HOun'S. `..„,y�g:,.y, per�entHoun, .3.. ^ rQ10 `Ti�dA2``?'iwW 343 0 .. &0.04J4- 0164 f 0.08t1Aa ,y 001 ' T0.06;�aPy,'1.ftaLE t,. ;sF. kk u ,4` ` ,s�a'M .,. ..:M uMU�T.ws`��:w�. '.iP"..s �it�"f,aV .,'EN'srMal Vmpoaal,ra:w AlnoYne,��. Alr puallty Analysb 810.000 Noise Analyale 81&000 1 Olreet Costs , 617.000 Total MBA Fees. - 8212.120 ry`' ,BUDOOnaultanta'. 'V,, > _ E - SAE EOonomlc Study a69.520 _ VY-Trans Trensportmion Study -. .$74.635 - SWCA AesthOtlm Blologlcal,and Cultural Resources 551240 Law Y u7, rV T:\-Contract ManagementMalmart EIR\2009 Walmart EIR Contract-M13A.&1-09 v2.docx Page 44 P Del Rio Road Specific Plan EIR Consultant EXHIBIT C Organization Chart �h Preparation of an EIR for the Del Rio Specific Area Plan STAFFING Figured:Organizational Chart City of Atascadero Warren Frace Planning Director MBA TEAM " Deputy Project Project Regional Manager/ Manager Director Quality Assurance r ,a Grant Gruber Jason Brandman Tula Economou Q. Air Quality and Cultural Resources Physical Sciences Documentation Noise Grant Gruber Dave Mitchell Tula Economou Deborah Stout Carne Wills -Greg Tonkovich SUBCONSULTANT SERVICES ion/T4Aesthetics,Biological &Cultural,Resources u '.,r s Whitlock&Weinberger Bay Area Transportation Economics SWCA NNN 71 ' TA-Contract ManagementMalmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.docx Page 45 Del Rio Road Specific Pian EIR Consultant EXHIBIT D Schedule Milestones and Deliverables ,P Milestones ESTIMATE} WORK PRODUCT/MILESTONE COMPLETION `. Project initiation meeting-, receipt of approved project plans,and all 1 background information.'Initiate Preparation of technical reports_ Submit.IS-NOP to City 4 Receive Comments on IS-NOP from City 5 Distribute IS-NOP for 30-Day Public Review Period 6 Close of 30-Day IS-NOP Public Review Period 10 Submit Administrative Draft EIR and Draft Technical Reports to City 14 Receive Comments on Administrative.Draft EIR and Draft Technical 17 Reports from City Submit Revised Draft EIR and Technical Reports to City 19 Distribute Draft EIR for Public Review(45 days) 21 End of Public Review Period 27 Submit Administrative Fina[EIR,and-Draft MMRP t0 City 31 Receive Comments on Administrative Final EIR,and Draft MMRP.to'City 32 Submit Final EIR and Final Version of MMRP to City 34 Public Hearings To be Determined The assumptions used in determining the above project schedule are: Assumes receipt of approved project description and construction plans, project-related `. information', base maps, and photographs`at'the project initiation meeting. • The 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. • Assumes all technical reports will be completed and deemed adequate by Week 10. } _ • The review period for the IS-NOP.'"will be the State-mandated 30-days. • The review period for the EIR will be the State-mandated:45 days- T:\-Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.docx Page 46 Del Rio Road Specific Plan EIR Consultant Proposed Timeline The proposed project timeline was presented earlier in the Milestones and Deliverables section of this proposal: MBA is fully prepared to provide the EIR oman.expedited timeline_ Specific items to reduce timerequired include the following: identifying a stable project description at project'initiation, going directly to preparation of the NOP without an Initial Study;completion of technical studies during the NOP comment period; receiving a set of consolidated comments on draft documents from C staff; addressing- _ City g potential comments in the Draft EIR in anticipation of their receipt; providing additional MBA staff professional and administrative resources during periods when documents are being finalized for production; and providing early and frequent communication with all stakeholders during the process to resolve issues quickly and efficiently_ F T:\-Contract ManagementUalmart EIR\2009 Walmart EIR Contract-M6A.6-1-09 v2.docx Page 47 C � Del Rio Road Specific Plan EIR Consultant Preparation ofan EIR for the Del Rio Specific Area:Plan STATEMENT OF EXPERIENCE Statement of Experience Business Information Michael BrandmanAssociate s 2633 Camino Ramon;Suite,460 San Ramon,CA'94583 925.830.2733 925.830.2715(fax) MBA is a California Corporation. Number of Yeas in Business MBA was incorporated In 1982. Capacity MBA and its three subconsultants,W-Trans,SWCA,and BAE,have sufficient staff resources and capability toperform'the work described in the Scope of Work. Licenses and Permits,, The MBA team's highly'qualified and experienced technical staff holds the following Certificates,(ioenses,.and:registrations: Michael',Brand man Associates -_ f Federal 10(a)(1)(A)permit#TE-019947-03 Listed Fairy Shrimp(Scott Crawford) Federal,10(a)(1)(A)10A(1)Permit#TE-161620 Vernal Pool Branchiopods(Karl Osmundson) ~ l State Scientific Collecting Permit#801034-02(Scott Crawford)'.. State Scientific Collecting',Permit#801077-05(Kelly Rios) u State Scientific Collecting Perrnit#006661(Debra De La Torre) California Professional Geologist(No.6698)(Tula Economou) Certified Wetlard'Delineator(Karl Osmundson,Scott Crawford,Kelly Rios,Diana'Lloyd,Paul Mead) Certified Arborist#WE-7622A(Deborah Stout) Register of Professional Archaeologists#10085(Wayne•Bonner),#11614(Michael Dice), ' #11821(Ken,Lord),#11138(Carrie Wills) CertifiedPlanner(Mike Houlihan,Tom Holm,''Emilie Johnson) `fg ;#CA-07-06(Ken Lord,Michael Bureau of Land Mana ement State Of CA Cultural Use Permit T Dice,Wayne Bonner,Carrie Wills,Marnie Aislin-Kay), State of California Real Estate License,#01453065(Charles Holcombe): California Registered Civil Engineer#C44305(Pamela Cosby) �7a,,�' , 51 T:\-Contract Management\Walmart'EIR\2009 Walmart EIR Contract-MBA.6-1'-09 V2.dOCX Page 48 , Del Rio Road Specific Plan EIR Consultant Preparation of an EIR for the Del Rio Specific Area Plan PROJECT DESCRIPTION Registered Environmental Assessor(REA)#08240(Trevor Macenski),#06517(Al Martinez), #05167(Emilie Johnson);#06813(Kent Norton);#07926(Frank Coyle) Whitlock&Weinberger Transportation. California UCensed'Civil Engineer#38942(Dalene Whitlock),#43159(Steve Weinberger), ` #46371(Mary Jii Yung) California Licensed'TraffiC.Engineer#1552(Dalene Whitlock)',#1440(Steve Weinberger), #2054(Mary10 Yung), #1215(Allan Tilton) f ITE Professional Traffic Operations Engineer(DaleneWhitlock,Steve Weinberger,Mary Jo Yung) Certified Planner(ZachMatley) Bay Area Economics' No,licenses or certifications required. SWCA Environmental Consultants Certified Planner,(Bill,Henry,David Morrow) Register of Professional Archaeologists(John Dieter,PhD,Kip Harper,Michael Tuma,Robert Ramirez) CFDG Plant Voucher Collecting Permit 2081(a)-09-04-V(John Claxton) CDFG Plant Voucher'dollecting Permit 09006(Michael Tuma) CDFG Plant Voucher'Collecting Permit 2081(a)-09-03-V(Bob;Sloan) CDFG Plant Vouoher'Collecting Permit 2081(6)-09-02-V(Geoff Hoetker), CDFG Plant Voucher ColleCtingPermit 2081(a)-09-05-V(Travis Beit) CDFG Plant Voucher-.Collecting Permit 2081(a)-09-06-V(Barret Holland) CDFG Plant Voucher Collecting Permit 2081(a)-09-01-V`(Fabio Fortunat) CDFG Scientific Collecting'Permit SC-7285(Jon Claxton) CDFG Scientific Collecting Permit SC-009104(Michael Tuma) CDFG Scientific COIIeCting Permit SC-5046(Geoff Hoetker), CDFG'Scientific Collecting Permit SC-9726(Travis Belt) C„_ CDFG Scientific.Colleeting Permit SC-10389(Fa bio°Fortunat) 7Certified Wetland Delineator(Jon;Claxton,;Bob Sloan,Geoff Hoetker,Travis Belt,Barrett Holland,Ty Garrison) USFWS Morro shoulderband snail=10(a)(1)(A)Recovery Permit(Jon Claxton,Bob Sloan,Geoff Hoetker,Travis Belt,Barrett.Holland) SIM � 52 s T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.docx Page 49 Del Rio Road Specific Plan EIR Consultant EXHIBIT E Insurance Requirements INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and=maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich may arise from or in connection with the,performance of the work hereunder by the Consultant, its agents,representatives,employees,or subconsultants. Minimum Scope of Insurance. Coverage shall`be at least as broad as: 1. Insurance Services Office Commercial.General Liability coverage(occurrence form CG 0001). 2. Insurance Services Offrceforni number CA 0001 (Ed. 1/87)covering�AutomobileLiability,code 1 (any auto). _ 3. Workers'Compensation insuranceIas,required by the-State of Califomia.and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily ,injury, personal injury and property damage. If Commercial General Liability or other form with a general-aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate 'limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000;000 per accident for bodily injury and property damage. 'e, 3. Employer's Liability.- $1;000,000 per accident for bodily injury or disease. = 4. Errors and Omissions Liability: $1,000000 per occurrence. Deductibles and'Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,either:the insurer shall reduce or eliminate such deductibles or self-insured retentions ' as respects the City, its officers;officials,employees and volunteers;or the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claim administration and:defense expenses. Other,Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: 1. The City, its officers, officials,`employees, agents and volunteers are to be covered as insureds as respects: liability,ansing out of activities performed by or on behalf of the Consultant;products and completed operations of "the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the_City, its officers,official,employees,agents or volunteers. 2. For any claims, related_,to.this project, the Consultant's insurance,coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and'volunteers. Any insurance or self-insurance maintained by the•City, its officers,officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's,insurance shall apply separately to each insured against whom claim is made or suit is brought, except with.respect to the p i p limits of,the'insurer's liability.. 4. Each insurance policy requiredTby this clause shall be endorsed tostate.that coverage shall not be suspended, voided,canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice by certified mail', return receipt requested, has been given to the City. Acceptabilky9flnsurers: Insurance is tobe placed with insurers with a current A.M. Best's rating of no lessthan A:VII. Verification of Coverage:; Consultant shall furnish the City with;a certificate of insurance showing•maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must;also be,provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. T:\—Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 V2.dOCX Page 50 .,r Del Rio Road Specific Plan EIR Consultant Insurance MBA currently maintains insurance coverage at least as broad as the requirements set forth in the RFP r a Y.. N,IN. . 69 i TA-Contract Management\Walmart EIR\2009 Walmart EIR Contract-MBA.6-1-09 v2.doCX Page 51 r t COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS ANDSURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that=.you- agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in.COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect'to liability for"bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement,requiring insurance"that the insurance caused, in whole or in part; by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage,Part must apply on a primary basis, or a r your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary, to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with-"your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal, injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional'insured for "bodily injury "property after you have ,_entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still,is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization_for which cover- C. The following vis added to Paragraph 8. Transfer age as' an additional insured specifically is Of Rights Of Recovery Against Others To Us. added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part:, DITIONS,(Section IV): { e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we-make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury' arising out of"your tional insured shall be the limits which you work" performed by you, or on your behalf,under agreed in that "contract or agreement requir- a"contractor agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or,the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily r. CG D3 8109 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include,a person or in effect; and organization as an additional insured:on this Cov- c. Before the end of the policy period. r I i L. j, Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission. y MMIDD/YY) ACORD. („ CERTIFICATE OF LIABILITY INSURANCE j2 DATE 2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE .INSURED INSURERA:Travelers property Casualty Co of Ameri Michael Brandman Associates INSURERB:U.S. Specialty Insurance Company Irvine CA 92602 20 Commerce Center #200 INSURERQTravelers Indemnit Co. of Connecticut Ir INSURER D:Travelers Casualty Ins. Co. of America INSURER E: I COVERAGES THE POLICIES OF 'INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN_THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY{HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE "a POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS JJJL A GENERAL LIABILITY 6806083L204, 11/15/2009 11/15/2010 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY ' FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $10,000 X ontractual PERSONAL BADV INJURY $1,000,000 Liability GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- .LOC C AUTOMOBILE LIABILITY BA6078L716 11/15/2009 11/15/2010 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR 17 CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $_ $ D WORKERS COMPENSATION AND UB1427T762 11/15/2009 11/15/2010 X I WCSTATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 a E.L.DISEASE-EA EMPLOYEE $1, 000,000 E.L.DISEASE-POLICYLIMIT $1,000,000 B OTHER US091188905 11/15/2009 11/15/2010 Per Claim $1,000,000' Professional_Liability Annual Aggr. $2,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. E:, WalmartEIR Prjoect ity of Atascadero, its officers and employees are additional insured as respects to general and auto liability as required by written contract. Primary and non-contributory applies to general liability as required by written contract. CERTIFICATE HOLDER ADDITIONAL INSURED;:INSURER CANCELLA'TION10 Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Atascadero WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Community Development Department CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 6907 E1 Camino Real SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Atascadero CA 93422 THE INSURER, ITS AGENTS OR REPRESENTATIVES. ON AUTHORIZED REPRESENTATIC ACORD 25-S(7197) O ACORD CORPORATION 1988 POLICY#:BA6078L716 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy,effective on the inception date of the policy unless another date is indicated below. n Endorsement Effective: 12/21/2009 Countersigned By: Named Insured: e — – Michael Brandman Associates Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): city of Atascadero, its officers and employees s (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision contained in Section 11 of the"Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 .a Form Request for Taxpayer Give form to the (Rev.November 200M) IdentifiCatlOn Number and Certification' requester. Do not Deparineam of rhe Traawry - send to the IRS. •- Inlernal.flevanu2 stivwa C` Name(as shown on your income tax return) rn Michael Brandman Associates CL Business name,if different from above c 0 fL N p IndividuaV ❑ Exempt From ba;kup Check appropriate box: ❑ Sole proprietor Corporation E] Partnership Other p ................. withhokliny V pp .0 N Address(number,street,and apt.or suite no.) Requesters name and address(optional) a` 220 Commerce,Suite 200 _ U i? City,state,and ZIP code Irvine,CA 92602-1326 W List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Une1 to avoid Social security number backup withholding.For individuals,this is your social security number(SSN).However,for a resident I I t I + alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a 77N on page 3. or Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter, 9 5 3 7 6 2 2 8 9 Certification Under penalties of perjury.I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends.or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.person(including a U.S.resident alien). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report,all interest and dividends on your tax return. For real estate transactions,item 2 does riot apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement,(IRA);and generally,payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.(See.the instructi on page 4. Sign signature of �®� Here I U.S.person► egDate Ea Purpose of Form a Ari individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number a A partnership, corporation,company, or association (TIN) to report,for example, income paid to y6u,real estate created or organized in the United States or under the laws transactions,mortgage interest you paid,acquisition or of the United States,or abandonment of secured property, cancellation of debt, or o Any estate(other than a foreign estate)or trust. See contributions you made to an IRA. Regulations sections 301.7701-6(a)and 7(a)for additional U.S. person.Use Form W-9 only if you are a U:S. person information. (including'a_resident alien),to provide your correct TIN to the Special rules for partnerships.Partnerships that conduct a person requesting it(the requester)and.when applicable, to: trade or business in the United States are generally required 1.Certifv that the TIM you are giving is correct(or you are to pay a withholding tax on any foreign partners' share of waiting fora number to be issued), income from such business. Further, in certain cases where a 2..Certify that you are not subject to backup withholding,or Form W-9 has not been received,a partnership is required to presume that a partner is, foreign parson,and pay the 3. Claim exemption from backup withholding if you are a "withholding.tax.Therefore, if you are a U.S. person that is a U.S. exempt payee. - partner in a partnership conducting a trade or business in the In 3 above,if applicable,you are also certifying that as a United States, provide Form W-9 to the partnership to U.S. person your allocable share of any partnershipincome establish,your U.S. status and avoid withholding on your from a U.S trade or business is not subject to the share'of partnership income. withholding tax on foreign partners' share of f effectively connected'income. The person who gives Form W 9 to the partnership for purposes of establishing its U.S. status and avoiding Note.If a requester gives you a form other than Form W-9 to withholding on its allocable share of net income from the request your TIN:you must use the requester's form if it is partnership conducting a trade or business in the United substantially similar to this Form W-9. States t§in the following cases: For federal fax purposes.you are considered a person if you.- o The U.S.owner of a disregarded entity and not the entity, are: Cat.No.102.11X Form W-9 (Fie:". 11-2005) ;I