HomeMy WebLinkAboutItem 11 - COUNCIL READING FILE - Attachment c_Watry Design Inc. Agreement dated September 15, 2016AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
September 15, 2016 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and WATRY DESIGN, INC., hereinafter referred to as Consultant.
WITNESSETH
WHEREAS, on December 9, 2009, the City requested proposals for the Palm Nipomo
Parking Structure project per Specification No. 90435.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted
by City for said services.
WHEREAS, on June 22, 2010, after a public RFP process and competition, the City
entered into an agreement with Watry Design, Inc. to perform environmental and architectural
services for development of the Palm-Nipomo Parking structure; and
WHEREAS, that agreement required Watry Design to complete an Initial Study for the
project and required that a separate agreement would be needed for Environmental Impact
Report work and that Watry completed the Initial Study and Council reviewed the work and has
directed that a focused EIR be prepared; and
WHEREAS, on September 6'h, 2016, the City Council reviewed the scope of work
prepared by Watry Design, INC and authorized the City Manager to finalize and execute a
contract for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until acceptance or completion of said services.
2. Start and Completion of Work. Work on this project shall begin within 30 calendar days
after contract execution and shall be completed in accordance with the Consultant's
submitted phase/task schedule.
3. Work Delays. Should the Consultant be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or by
strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor due to federal government restrictions arising out of defense or war
programs, then the time of completion may, at the City's sole option, be extended for such
periods as may be agreed upon by the City and the Consultant. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the City
may, at the time of acceptance of the work, waive liquidated damages that may have accrued
for failure to complete on time, due to any of the above, after hearing evidence as to the
reasons for such delay, and making a finding as to the causes of same.
4. Termination. If, during the term of the contract, the City determines that the Consultant is
not faithfully abiding by any term or condition contained herein, the City may notify the
Consultant in writing of such defect or failure to perform. This notice must give the
Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or
cure the deficiency.
Palm-Nipomo Parking Structure
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may
terminate the contract immediately by written notice to the Consultant to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights
under the contract except, however, any and all obligations of the Consultant's surety shall
remain in full force and effect, and shall not be extinguished, reduced, or in any manner
waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received the
City's Notice of Termination, minus any offset from such payment representing the City's
damages from such breach. "Reasonable value" includes fees or charges for goods or
services as of the last milestone or task satisfactorily delivered or completed by the
Consultant as may be set forth in the Agreement payment schedule; compensation for any
other work, services or goods performed or provided by the Consultant shall be based solely
on the City's assessment of the value of the work -in -progress in completing the overall
workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to
permit a full and complete accounting of costs. In no event, however, shall the Consultant be
entitled to receive in excess of the compensation quoted in its proposal.
If, at any time during the term of the contract, the City determines that the project is not
feasible due to funding shortages or unforeseen circumstances, the City reserves the right to
terminate the contract. Consultant will be paid compensation due and payable to the date of
termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
carry out and complete the work hereunder in compliance with any and all applicable federal,
state, county, city, and special district laws, ordinances, and regulations.
6. Sub -contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant's proposal. Any substitution of sub -consultants must be approved
in writing by the City. For any sub -contract for services in excess of $25,000, the subcontract
shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a contract to
any individual or business entity of any kind without the previous written consent of the City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Consultant are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various laws
and regulations as well as performance of the contract, the Consultant and sub -consultants
shall maintain all books, documents, papers, accounting records and other evidence
pertaining to the performance of the contract, including but not limited to the cost of
administering the contract. Materials shall be made available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. Authorized representatives of the City shall have the option of
Palm-Nipomo Parking Structure 2
inspecting and/or auditing all records. For Federally funded projects, access to records shall
also include authorized representatives of.the State and Federal government. Copies shall
be furnished if requested.
10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or any
ensuing City construction project. The Consultant shall also list current clients who may have
a financial interest in the outcome of this contract, or any ensuing City construction project
which will follow.
The Consultant covenants that it presently has no interest, and shall not acquire any
interest —direct, indirect or otherwise —that would conflict in any manner or degree with the
performance of the work hereunder. The Consultant further covenants that, in the
performance of this work, no sub -consultant or person having such an interest shall be
employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that,
in the performance of the work hereunder, the Consultant shall at all times be deemed an
independent Consultant and not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this
contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of the
warranty, the City shall have the right in its discretion; to terminate the contract without
liability; to pay only for the value of the work actually performed; to deduct from the contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful
consideration.
12. Covenant Against Contingent Fees. The Consultant Warrants by execution of this contract
that no person or selling agency has been employed, or retained, to solicit or secure this
contract upon an agreement or understanding, for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Consultant for the purpose of securing business. For breach or
violation of this warranty, the City has the right to annul this contract without liability; pay only
for the value of the work actually performed, or in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of
and shall observe and comply with all applicable state and federal laws and county and City
of San Luis Obispo ordinances, regulations and adopted codes during its performance of the
work. This includes compliance with prevailing wage rates and their payment in accordance
with California Labor Code. For purposed of this paragraph, "construction" includes work
performed during the design and preconstruction phases of construction, including but not
limited to, inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses,
pay all charges and fees, and file all notices as they pertain to the completion of the
Consultant's work. The City will pay all application fees for permits required for the
completion of the project, including building and regulatory permit application fees.
Consultant will provide a 10-day notice for the City to issue -a check.
16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
Palm-Nipomo Parking Structure 3
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and
other devices and take such other protective measures as are necessary to prevent
accidents or damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged resulting from the Consultant's operations, it shall be replaced
or restored at the Consultant's expense. The facilities shall be replaced or restored to a
condition as good as when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub -
consultants engaged for the performance of this work that only persons authorized to work in
the United States pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
20. Consultant Non -Discrimination. In the award of subcontracts or in performance of this
work, the Consultant agrees that it will not engage in, nor permit such sub -consultants as it
may employ, to engage in discrimination in employment of persons on any basis prohibited
by State or Federal law.
21. Accuracy of Specifications. The specifications for this project are believed by the City to
be accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all
sub -consultants named in its proposal shall bear sole responsibility for proposal preparation
errors resulting from any misstatements or omissions in the specifications that could easily
have been ascertained by examining either the project site or accurate test data in the City's
possession. Although the effect of ambiguities or defects in the specifications will be as
determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to
inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or
defect to be construed against the Consultant. An ambiguity or defect shall be considered
patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and
diligence on its part, knew or should have known of the existence of the ambiguity or defect.
Furthermore, failure of the Consultant or sub -consultants to notify City in writing of
specification defects or ambiguities prior to proposal submittal shall waive any right to assert
said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall
not be liable for costs incurred by the successful Consultant to achieve the project's objective
or standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant
shall immediately notify the City in writing, and the Consultant and all sub -consultants shall
continue to perform, irrespective of whether or not the ambiguity or defect is major, material,
minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore
described written notice within one (1) working day of Consultant's becoming aware of the
facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role
of the defect or ambiguity in the plans or specifications concerning the dispute.
Palm-Nipomo Parking Structure
22. Indemnification for Professional Liability. To the fullest extent permitted by law, the
Consultant shall indemnify, protect, defend and hold harmless the 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 attorney's fees and
costs, which arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
23. Non -Exclusive Contract. The City reserves the right to contract for the services listed in
this proposal from other consultants during the contract term.
24. Standards. Documents shall conform to City Standards and City furnished templates shall
be used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped
and signed by the Consultant where required.
26. Required Deliverable Products and Revisions. The Consultant will be required to provide
documents addressing all elements of the workscope called for in the Scope of Work Dated
August 11, 2016 (Attachment 1)
Electronic files shall be submitted on CD and all files must be compatible with the Microsoft
operating system. Each CD must be clearly labeled and have a printed copy of the directory.
Files may be emailed to the City in lieu of putting them -on CD.
27. Ownership of Materials. Upon completion of all work under this contract, ownership and
title to all reports, documents, plans, specifications, and estimates produced as part of this
contract will automatically be vested in the city and no further agreement will be necessary to
transfer ownership to the City. The Consultant shall furnish the City all necessary copies of
data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard
copy or machine readable form, are intended for one-time use in the construction of the
project for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
the modification, or misuse by the City of the machine-readable information and data
provided by the Consultant under this agreement. Further, the Consultant is not liable for
claims, liabilities, or losses arising out of, or connected with any use by City of the project
documentation on other projects, except such use as may be authorized in writing by the
Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material
given to, prepared by or assembled by the Consultant as part of the work or services under
these specifications shall be the property of City and shall not be made available to any
individual or organization by the Consultant without the prior written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City's written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is required
to furnish in limited quantities as part of the work or services under these specifications, the
Consultant shall provide such additional copies as are requested, and City shall compensate
the Consultant for the costs of duplicating of such copies at the Consultant's direct expense.
Palm-Nipomo Parking Structure 5
30. Attendance at Meetings and Hearings. As part of the workscope and included in the
contract price is attendance by the Consultant at up to [number] public meetings to present
and discuss its findings and recommendations. Consultant shall attend as many "working"
meetings with staff as necessary in performing workscope tasks.
31. Requests for Review. The Consultant shall respond to all requests for submittal review or
contractor RFI's within two weeks of receipt of the information from the City.
32. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by
project work phase and task or, in the case of on -call contracts, by project title. Invoice must
include a breakdown of hours billed and miscellaneous charges and any sub -consultant
invoices, similarly broken down, as supporting detail.
33. Payment. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefore compensation in a total sum not to exceed $129,163 fee
for services, including the physical model. (Note: As of the date of this agreement there
remains approximately $28,880 on the existing environmental contract with Watry that is not
subject to this agreement). Should the Consultant's designs, drawings or specifications
contain errors or deficiencies, the Consultant shall be required to correct them at no increase
in cost to the City.
Progress payments shall be made on a monthly basis as invoiced by the Consultant for
expenses incurred with cumulative monthly payments not to exceed:
$ 103,330 (80%) Prior to submittal of complete City applications; and
$122,705 (95%) Prior to Council approval of plans
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee.
In addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle
cost that have been identified and are attached to this agreement. The Consultant's
personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently
authorized for State employees under State Department of Personnel Administration rules.
34. Payment Terms. The City's payment terms are 30 days from the receipt of an original
invoice and acceptance by the City of the materials, supplies, equipment or services provided
by the Consultant (Net 30).
35. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising
under this contract that is not disposed of by agreement shall be decided by a committee
consisting of the City's Project Manager and the City Director of Public Works, who may
consider written or verbal information submitted by the Consultant. Not later than thirty days
after completion of all deliverables necessary to complete the plans, specifications and
estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the
Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City's Chief Fiscal Officer. Not later than
30 days after issuance of the final audit report, the Consultant may request a review by the
City's Chief Fiscal Officer of unresolved audit issues. The request for review must be
submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant
from full and timely performance in accordance with the terms of this contract.
Palm-Nipomo Parking Structure 6
36. Agreement Parties,
City: Scott Lee
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant: Michelle Wendler
Watry Design, Inc.
2099 Gateway PI, Suite 550
San Jose, CA 95110
All written notices to the parties hereto shall be sent by United States mail, postage prepaid
by registered or certified mail addressed as shown above.
37. Incorporation by Reference. City Request for Proposal Specification No. 90435 and
Consultant's proposal dated August 11, 2016 and September 61' 2016 Council Report, are
hereby incorporated in and made a part of this Agreement. In the event there are conflicts
between the terms, conditions or requirements set forth in Specification No. 90435 and the
Consultant's proposal, the terms, conditions and requirements of Specification No. 90435
shall govern the performance of this Agreement.
38. Amendments. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon written approval by the City Engineer.
39. Working Out of Scope. If, at any time during the project, the consultant is directed to do
work by persons other than the City Project Manager and the Consultant believes that the
work is outside of the scope of the original contract, the Consultant shall inform the Project
Manager immediately. If the Project Manager and Consultant both agree that the work is
outside of the project scope and is necessary to the successful completion of the project,
then a fee will be established for such work based on Consultant's hourly billing rates or a
lump sum price agreed upon between the City and the Consultant. Any extra work performed
by Consultant without prior written approval from the City Project Manager shall be at
Consultant's own expense.
40. Complete Agreement. This written agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding or representation be binding upon the parties hereto. For and in
consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement,
the said specification and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO,
Kati i tig, City Manager
APPROVED AS TO FORM:
CONSULTANT.
By: Michelle Wendler, Principal
Palm-Nipomo Parking Structure 7
Palm-Nipomo Parking Structure
A r c h i t e c t s E n g i n e e r s • P a r k i n g P l a n n e r s
wlor—
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WQTRY DESIGN, INC.
August 11, 2016
Mr. Timothy Bochum
Deputy Director of Public Works
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
phone 805-781-7203
RE: Palm Nipomo Parking Structure
WDI Job #09079.111
Dear Tim:
ADDITIONAL SCOPE AND FEE
Per our conversations we understand that the City would like to restart the Palm Nipomo project and will follow
the path of preparing an EIR to accommodate the residential properties in the environmental analysis. This
letter describes the status of the original fee and scope and the requested new fee and scope.
The original project scope was broken into four different sections:
1. Existing Conditions and Concept Design Option D3
2. Initial Draft of Environmental Study
3. Planning Package: Architectural Design, Opinion of Probable Costs, Summary Letters
4. Project Management
We have completed all of item 1, and most of Item 2. When we stopped work we were in the process of
preparing the Planning package based on comments from the second workshop. Based on overall schedule the
amount of work associated with Project Management in the original contract has been exhausted.
Below is a summary of the work and the proposed modifications to existing fees and request for additional fees.
We currently have $28,880.76 remaining in our original contract. In order to complete the proposed new scope
of work we need an additional $129,163. These fees take into account increased billing rates since the project
was put on hold in 2012. Please see chart below for a more detailed summary.
If you have any questions please don't hesitate to call.
Very truly yours,
WATRY DESIGN, INC.
I, 1-�- c,Q A (J a dlt --
Principal
CC: Principals, Accounting, Marketing
Attachments
PAProjects\2009\09079 Palm Nipomo\1 I 1 Proposals\Scope of Work 081116 docx
San Jose, CA • Austin, TX • Newport Beach, CA
watrydesign.com
Palm Nipomo Parking Structure Study August 11, 2016
WDI # 09079 Page 2 of 16
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FEE SUMMARY
Tasks
Wauy RRM Radomaker
Design
I Rincon
Fee
Architectural Della Uodatas. Qoinlon of Probabic,1Cgate
Task A: Reconfirm Baas Option and Program
Task B: Stakeholder/Team Coordination
Task C: Additional City Meetings
Task D: Grading, Utilities, and Drainage Exhibits for ARC Submittal
Task E: Prepare Environmental Impact Report
Planning Packaae: Architectural Desian. OofnlQ_ n of Prob_eble Costa
56,000.00
$2,ODO.00
$2.500.00
$3.000 00
$1,200.00
S10,000.00
$2.000.00
S2,000.00
$2,OOD.00
$4,000.00
S15 W0.00
5570.00
$4.00D.00
$900.00
S8.50O.00
$1.800.00
$1,800.00
$5,520.DO
$1,600.00
$3.220.00
S1,000 00
$1.000 00
$1.000 DO
$1.173.00
5805.D0
$805.00
5805.00
$1,495.00
S82,000 00
5500.00
$90,470,05
$7,570 00
$7.000.00
$4,400 DD
$6,500.DO
S65,0D0.00
$40,623.00
Summary Letters
Prepare Memorandums
Prepare Cost Estimates
Prepare applications and present the plans to the City's Cultural Heritage
Commission (CHIC),
Prepare applications and present the plans to the Architectural Review
Commission (ARC)
Prepare applications and present the plans to the Planning Commission (PC)
Present the recommended plans to the City Council 2 meetings
�r01ec1 Manaoemenl
Praimire contracts, billings, meeting minutes, general caffespojidence 1
54,173.00
S10,000.00
54,405.D0
58.325.00
54 405.00
S9 15.00
$16 000.00
S15 DDO.QO
Total Fee
$49,700,00
$26 710.00
$8 OSS.00
S82 600A0
$146 993.00
"eimounsaoies Duaget 54,UUU-UU ;6uu.uu s(hul.uu SI.uUU.UU ;1T,V6u.OV
TOTAL BUDGET VK043.90
ata I Roma nin ,880.00
Additional Contract Amount Needed 129,163.00
Options I Tasks
Watry
RRM
Radomaker
Rlncan
Task XI: Revise elevations to consider new alternatives or options
$1,300/alt
Task X2: Prepare Altemauve Site Plans
52,300/all
Task X3: Grading and Drainage Review of Additional Alternatives
$9001211
Task X4: Extend the Conceptual Streetscape [Design up Monterey to Broad
Street
S6,D00 00
Task X.5: CEGA Findings
$4,000.00
Task X 6: AB52 Compliance
$500 00
San Jose, CA • Austin, TX • Newport Beach, CA
watrydesign.com
Palm Nipomo Parking Structure Study —°t— August 11, 2016
WDI # 09079 Page 3 of 16
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REMAINING SCOPE OF WORK
Original Task 1: Existing -Conditions and Concept Design Option D3:
TASK COMPLETE
Original Task 2: Initial Draft of Environmental Study:
TASK MOSTLY COMPLETE NOW REVISED TO BE EIR SEE BELOW FOR SCOPE
Original Task 3: Planning Package: Architectural Design, Opinion of Probable Costs SummaEy Letters:
RRM will prepare applications and check lists and Watry Design along with RRM, and Pierre
Rademaker will present the plans to the City's Cultural Heritage Commission (CHC), Architectural
Review Commission (ARC) and the Planning Commission (PC) for approval. Watry Design will
incorporate the conditions of the CHC, ARC and the PC into the project plans as directed.
2. Watry Design will prepare an estimate of project costs for construction, and structure maintenance
and operation. This will include addressing green technologies.
3. Watry Design along with RRM, Pierre Rademaker and Rincon will present the recommended plans to
the City Council (CC) for approval and make changes as directed.
a. Anticipated Meetings: 2-Two: One Public Hearing and One follow-up meeting, if needed.)
List of Deliverables
1. Memorandum summarizing analysis of potential additional uses on the site and their associated costs.
2. Memorandum summarizing analysis of Site Plan Option D3 including consultant recommended driveway
locations.
3. Architectural Review and Planning Commission use permit application including submittal requirements.
4. Architectural site plans and elevations, including computer generated rendered 3D model. Modification
to plans shall be made per direction from the CHC, ARC, and PC.
5. One set of revisions and supplemental exhibits requested by City Staff; i.e. shade/shadow study, street
furniture examples.
6. Cost estimate for proposed architectural features for ARC review.
7. Cost estimate for any proposed green technologies for ARC review.
8. Cost estimate for any additional green technologies should the City wish to meet LEED certification.
9. Cost estimates for construction (calling out the cost of specific architectural features as well as lower
cost options), maintenance of structure (including maintenance of architectural features and any lower
cost options), and operation of structure submitted for City Council consideration.
_10. Study and FeqUiFed studies. Upon Feceipt of publiE Eomments on the Waft IS
FiRal IS WID. PFieF tO OF fe"9WORg IS VIND apffeVal, RiAEOR Staff Will PFOVide a digital copy of the Pipa�
San Jose, CA • Austin, TX • Newport Beach, CA
watrydesign.com
Palm Nipomo Parking Structure Study �=� August 11, 2016
WDI # 09079'' Page 4 of 16
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T�
at ihe City i11 f;d to1e the nl.,+ Of Pete.-...., 6 n aimon (n GD)
ITEMS 10 and 11 are superceded by the scope below for Environmental Review.
Required Deliverable Products and Revisions. The Consultant will provide documents addressing all
elements of the workscope. Plans will be prepared using City's standardized title blocks and
coversheets. Draft plans submitted for review will use either the full D (2406) format or a reduced
11x17 format. Consultant will ensure that drawings and notes are clearly legible if using the reduced
format.
We understand that City staff will review any documents or materials provided by the Design Team and,
where necessary, we will respond to staff comments and make such changes as deemed appropriate.
Submittals will include the previous marked up submittal (returned to the Consultant) to assist in the
second review. Changes shall be made as requested or a notation made as to why the change is not
appropriate.
We understand the following number of deliverables are to be provided
2 copies of the draft preliminary reports, technical studies and 50% plans and estimate
1 copy of the final preliminary reports, technical studies plus markups
Draft reports and plan submittals will be submitted as paper copies.
Final documents will be submitted as camera-ready original, unbound, each page printed on only one
side, including any original graphics in place and scaled to size, ready for reproduction AND one
electronic copy submitted in Adobe Acrobat format including all original stamps and signatures
Electronic files will be submitted on CD and all files will be compatible with the Microsoft operating
system. Each CD will be clearly labeled and have a printed copy of the directory. We understand that
the files may be emailed to the City in lieu of putting them on CD.
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NEW SCOPE OF WORK
Pierre Rademaker Design
Task A Reconfirm Base Option and Program
Meet with the City and project team to discuss changes and modifications to base option from 2012. This
meeting will be the kick off meeting for this new phase of the project.
Deliverables: Prepare for and attend One (1) meeting at City.
Task B: Stakeholder/Team Coordination
Allow for additional stakeholder coordination with the surrounding businesses, neighbors, and the Little Theater
as well as coordination with the Palm Nipomo steering committee, design team and.City.
Task C: Additional City Meetings
Meet with City to coordinate other city efforts. One meeting with the Creative Visioning Team (CVT) who are
looking at revising the Downtown Vision Plan, and one with city staff.
Deliverables: Prepare for and attend two (2) meetings.
Optional Task X1: Revise elevations to consider new alternatives or options
New alternatives may include:
1. Without the existing houses or proposed Little Theatre/cultural building.
2. With the existing houses remaining in place, without Little Theatre.
3. With additional office space along Nipomo, possibly higher and deeper.
4. With additional uses on top of structure.
RRM Design Group
Task A: Reconfirm Base Option and Program
RRM Design Group will meet with the City and project team to discuss changes and modifications to base option
from 2012 desired by City staff. This meeting could also act as the re -kickoff meeting for this phase of the
project. It is assumed that Watry Design would summarize meeting results.
Deliverables: Prepare for and attend one (1) meeting at City (if revised site plan is needed, it is assumed that
Optional Task 7 can be used for revisions)
Task B: Stakeholder/Team Coordination
This task will allow for additional stakeholder coordination with the surrounding businesses, neighbors, and the
Little Theater; as well as coordination with the Palm Nipomo steering committee, design team, and City.
Deliverables: Additional twenty (20) hours of meetings and coordination
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Task C: Additional City Meetings
RRM Design Group will meet with City staff to coordinate other city efforts. This task assumes two meetings, one
with the Creative Visioning Team (CVT) who are looking at revising the Downtown Vision Plan, and one with City
staff.
Deliverables: Prepare for and attend two (2) meetings.
Task D: Grading, Utilities, and Drainage Exhibits for ARC Submittal
The level of design and reports required statewide and specifically by the City for on -site hydrology has
increased effective March 2014. This scope and fee is based on meeting the new level of design and reports
needed for a complete ARC submittal.
RRM Design Group Civil Engineering fees are based upon the conceptual layout of the site prepared by Watry
Design. Should the City request revisions after the first ARC meeting to the ARC civil documents, they will be
invoiced on a time -and -material basis or an approved add service.
Preliminary Grading and Drainage: A preliminary grading and drainage plan will be prepared.
Components will be limited to identifying grading concepts for the City's review during the ARC process.
This plan will provide preliminary grades for new walkways, finish surface grades around the exterior of
the parking garage, and grades on walkways exiting the parking structure. Runoff will be conveyed to
the existing drainage facilities. This plan will be for the purposes of providing the City with direction as to
how the site will be developed. Retaining walls, if necessary, will be shown graphically and identified
with top of wall and height callouts.
Preliminary On -site Hydrology: A drainage memorandum, based on the City's Stormwater Management
Plan (SWMP), will be prepared for on -site piping and will be provided to the project architect for
inclusion with the submittal package. This memorandum is limited to supporting calculations for storm
water management purposes and best management practices, as stated in the SWMP. This proposal
assumes that detention is not required for this project and that an existing off -site pipe connection is
available and adequate for connection.
Preliminary Utilities: A preliminary utility plan will be prepared to identify existing utility main line
information for fire water, domestic water service, and sewer service connections. Main line utility data
will be based upon record construction drawings and provided topographic information. Design will be
shown for the alignment of proposed water, sewer, and gas utility services to within 5 ft of the proposed
buildings. Gas and electrical information is not included in this task. Transformer pad locations can be
provided if provided by the project architect. This project assumes that adequate service is available
directly adjacent to the project frontage.
Deliverables:
One (1) preliminary on -site grading and drainage plan
One (1) preliminary on -site utility plan
Project storm water management calculations and associated memorandum
Deliverables: Prepare for and attend two (2) meetings
Optional Task X2: Prepare Alternative Site Plans
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RRM Design Group will prepare alternative site plans for the area between the proposed parking structure and
Monterey Street or other areas that the City requests. These alternatives could include:
1. Without the existing houses or proposed Little Theater (i.e. no buildings in front of the parking
structure)
2. With the existing houses remaining in place, but without the proposed Little Theater
3. With additional office space along Nipomo, possibly higher and deeper
4. With additional uses on top of structure
The remainder of the site plan, including the Nipomo and Palm streetscapes, will be updated per the 2011 public
input and remain the same in each scenario. Plans will be at a schematic level of detail and in black and white.
Deliverables: Alternative site plans, black and white; these can be authorized individually as needed
Optional Task X3: Grading and Drainage Review of Additional Alternatives
RRM Design Group will analyze the drainage, grading, and utilities on additional alternatives, as described
above. We will coordinate with the structural engineer, Watry Design, to provide a grading scenario that works
with the structural needs of the wall facing the Little Theatre.
Deliverables: Analyze the grading and drainage on alternatives described above; these can be authorized
individually as needed
Optional Task X4: Extend the Conceptual Streetscape Design up Monterey to Broad Street
After coordinating with the City and the CVT team, RRM Design Group will extend the conceptual streetscape
design from the parking structure up to Broad street. This will be to strengthen the pedestrian walkability and
connection between the Palm Nipomo parking structure and Mission Plaza.
Deliverables: Conceptual streetscape plan on Monterey, from Nipomo to Broad Street
Watry Design, Inc.
Task A Reconfirm Base Option and Program
Watry Design Inc. will meet with the City and project team to discuss changes and modifications to base option
from 2012 desired by City staff. This meeting could also act as the re -kickoff meeting for this phase of the
project. Summarize meeting results.
Deliverables: Prepare for and attend one (1) meeting at City. Revise parking stall counts and issue updated
parking plans for use in EIR.
Task B: Stakeholder/Team Coordination
Watry Design Inc. will not participate in the stakeholder meetings but assumes an additional meeting with the
City for coordination and additional conference calls summarizing the results of the meetings.
Task C: Additional City Meetings
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Watry Design Inc. will meet with City staff to coordinate other city efforts. This task assumes two meetings, one
with the Creative Visioning Team (CVT) who are looking at revising the Downtown Vision Plan, and one with City
staff.
Deliverables: Prepare for and attend two (2) meetings.
Task E: Environmental Impact Report
Watry Design will manage the EIR consultant
Additional Project Management
Watry Design Inc. will have additional project management to modify contracts, set up meetings and a
longer duration for the project.
Rincon
Task E: Environmental Impact Report
Task E.1— Project Initiation/IS-NOP
The project initiation phase of the EIR will consist of preparation and circulation of a Notice of Preparation
(NOP). As part of this phase, we recommend updating the Initial Study to address the current project
description, current regulatory setting, and current physical baseline conditions on and near the project site.
Circulation of the Initial Study with the NOP will allow for more precise public review and comment on the
project's environmental review. Rincon will prepare the NOP consistent with CEQA Guidelines Section 15082.
Rincon will provide a project description, project location, and summary of the probable environmental effects
of the project. Rincon will distribute the NOP to the State Clearinghouse and all identified responsible and
trustee agencies via certified mail. Substantive responses to the NOP will be compiled, appended to the EIR, and
addressed within the EIR.
The Initial Study to be attached to the NOP will identify issues with potentially significant environmental impacts
that will be studied further in the Focused EIR, as well as issues where impacts are determined to be less than
significant. Substantial evidence will be provided to support impact conclusions. As part of the task, Rincon will
update the environmental setting, including updated physical conditions on and adjacent to the site, an updated
regulatory setting (including the City's Land Use and Circulation Element Update [LUCE]), and updated records
searches for environmental resources, including California Natural Diversity Database (CNDDB) species and
habitats, cultural resources, and hazardous materials records. Updated information from the LUCE EIR will be
incorporated. The updated traffic analysis to be provided by another consultant under separate contract will be
summarized. Based on the updated traffic study, Rincon will conduct updated air quality and greenhouse gases
(GHG) emissions modeling using the latest version of CaIEEMod.
Task E.2 — Project Description
Rincon will prepare a detailed Project Description in accordance with the requirements of Section 15124 of the
State CEQA Guidelines for review by the City. The Project Description will detail the project proposal, including
requested permits. Textual, tabular, and graphic presentation will be included as necessary to facilitate a
thorough understanding of the proposed project.
The Project Description will include:
• A thorough explanation of proposed development and requested land use changes, permits,
and approvals
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• Discussion of the site access, grading, and utility services
• Descriptions of the site and surrounding uses
• The proposed duration of construction and the proposed phasing of development
With the understanding that multiple project designs are currently under consideration and development, we
anticipate that the project description will address a single preferred scenario that is described in a manner that
will allow flexibility in the ultimate set of project components ultimately selected. Other design concepts will be
addressed in the Focused EIR Alternatives section.
Establishment of the Project Description is a critical early step in the EIR process, since the Project Description
forms the basis for environmental evaluation under CEClA. We will address one round of review and
consolidated comments by City staff.
Task E.3 - Administrative Draft Focused EIR
Upon City approval of the Project Description, Rincon will begin preparation of the Administrative
Draft Focused EIR. This task includes all components necessary to complete the environmental impact
analysis. It is anticipated that the EIR will focus on the following issue areas: Aesthetics, Cultural
Resources, Noise, and Transportation/Circulation. Our technical approach for each of these issue areas
is described under Approach to Technical Issues below.
To the extent possible, Rincon will incorporate information from existing environmental review,
technical reports, and planning documents that are applicable to the project.
Subtask E.3.1 - Executive Summary. The Executive Summary will include an introduction and
purpose, a brief description of the proposed project, project alternatives, and a table
summarizing the environmental effects and mitigation measures associated with the proposed
project. The table will be organized by level of environmental impact, including significant
unavoidable adverse impacts (Class I), significant impacts that can be mitigated to a less than
significant level (Class II), less than significant impacts (Class III), and beneficial impacts (Class
M. The Executive Summary will be provided at a level of detail that allows the section to
function as a stand-alone printed document.
Subtask E.3.2 - Introduction, Project Description, and Environmental Setting. The Introduction
section will include a narrative on the background of the project. It will include a summary of
the previous environmental review of the project and the environmental review process
anticipated for the current project. In addition, lead, responsible, and trustee agencies will be
identified and the scope, content, and purpose of the EIR will be described. The Project
Description section will consist of the project description that was prepared in Task 2. The
Environmental Setting section will provide a description of the existing environmental
conditions in the project region and in the project area.
Subtask.E.3.3 - Environmental Impacts and Mitigation Measures. The main body of the EIR
will consist of the assessment of potential environmental impact analysis of the proposed
project. Each environmental issue addressed in the Focused EIR will have five main
subsections:
• Setting
• Methodology and Significance Thresholds
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• Impact analysis including both project -specific and cumulative impacts
• Mitigation measures
• Residual Impacts
The setting section will describe the applicable environmental conditions of the project area. The setting
will be based on existing data sources, including the updated traffic study, supplemented with additional
research.
The impact analysis section will include a statement of the significance thresholds that were used to
determine if an impact would have the potential to result in a significant environmental effect. Impacts
of the proposed project when compared to existing conditions in the project area will be identified, as
will cumulative impacts resulting from regional growth. Impacts will be quantified where possible. If
existing data does not allow definitive quantification, reasonable assumptions will be used to
qualitatively determine potential impacts.
All mitigation measures will be presented so that they can be directly applied as conditions of approval
and will include monitoring requirements. Conditions where the proposed mitigation measures would
not reduce the identified impacts to a less than significant level will be clearly identified. Secondary
impacts of mitigation measures will also be discussed.
The final section will describe the level of significance after mitigation. This will be a brief statement
noting where any significant impacts would remain after mitigation measures are applied. This section
will also note whether impacts related to each issue are significant and unmitigable (Class 1), significant
but mitigable'(Class II), less than significant (Class III), or beneficial (Class IV). Any secondary effects from
proposed mitigation measures will be described as appropriate.
Subtask E.3.4 -Alternatives. This section will be prepared in accordance with the requirements of the
CEQA Guidelines Section 15126(d) and recent court decisions. The purpose of this section will be to
promote informed decision -making and to evaluate a reasonable range of project alternatives. Rincon
will analyze up to four alternatives, including the CEQA-required "no project" alternative. Other
alternatives will be determined in consultation with City staff and the project design team, based on the
preliminary findings of the environmental analysis.
Per the State CEQA Guidelines, the alternatives will evaluate the same environmental topic areas in a
more qualitative manner with less detail than the proposed project. However, where impacts have been
identified as significant for the proposed project, the alternatives will identify applicable mitigation
requirements for the alternatives, so a meaningful comparison can be made, and if necessary CEQA
Findings in support of the alternatives can be prepared. The analysis will identify whether the
alternatives would result in impacts that are less than, similar to, or greater than those of the proposed
project, the level of significance, and mitigation requirements. A matrix that depicts the magnitude of
impacts associated with the alternatives when compared to the proposed project will be provided. At
the conclusion of the alternatives analysis, the environmentally superior alternative will be identified.
Subtask E3.5 - Other CECQA-Required Sections. Also included in the Focused EIR will be other sections
required by CEQA, such as table of contents and summary of potential growth inducing and significant
irreversible effects. An evaluation of energy impacts will be provided.
Subtask E.3.6—References and List of Preparers. This section will provide a list of references for
citations found in the body of the Focused EIR. This section will also identify all federal, state, or local
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agencies, other organizations, and private individuals consulted in preparing the EIR, and the persons,
firm, or agency preparing the EIR.
Task E.4—Screencheck Draft Focused EIR
Following City staff review of the Administrative Draft Focused EIR, Rincon will revise the document based on
comments received and provide a Screencheck Draft Focused EIR for review. Revisions can be provided in Word
documents using "track changes," or a compiled "clean" PDF may be provided for final review, depending on the
City's preference. This task will include responding to City comments on the Administrative Draft Focused EIR
requiring a mixture of substantive corrections and minor editing; however, it is assumed that no new technical
studies, revisions to the technical appendices, or site -specific data collection will be needed at this stage. The
Screencheck Draft Focused EIR will be provided in digital format only.
Task E.5 — Public Draft Focused EIR
This task involves the production, editorial work, and communication processes anticipated to publish the Draft
Focused EIR for public review and comment following City review of the Screencheck Draft Focused EIR. At this
stage it is anticipated that revisions will be limited to editorial and formatting changes, if any.
Rincon will prepare all required notices for the EIR, including the Notice of Completion and Environmental
Transmittal, and will mail the documents to relevant agencies and interested citizens on a mailing list to be
developed by the City. For the purposes of this proposal, it is assumed that up to 30 CDs and 20 hard copies
would be delivered.
Task E.6 — Final Focused EIR
The final formal stages of the Focused EIR process involve responding to comments, holding public hearings and
final editorial tasks. At this point, all of the discretionary permit applications and the proposed Final Focused EIR
will be brought together for final public and decision -maker scrutiny in order to facilitate official decisions
regarding the application. Through this process, final changes and policy decisions concerning the project are
made. Our work effort regarding this task is delineated below.
Subtask E.6.1- Response to Comments/Administrative Final Focused EIR. Subsequent to receipt of all
public comments on the Draft Focused EIR, Rincon will submit draft responses to comments for City
review. We have budgeted 40 staff hours for preparing the responses to comments; however if a higher
than average number of comments is received, additional funds may be required to complete this task.
The final version of the responses to comments will be incorporated into the Administrative Final
Focused EIR.
Subtask E.6.2 - Mitigation Monitoring and Reporting Program (MMRP). Concurrent with the
Administrative Final Focused EIR, Rincon will prepare an MMRP. The MMRP will be provided in a format
designed for use by planners or code enforcement officers, and will incorporate both monitoring and
reporting by the City, with subsequent report verification by onsite inspection, if necessary. Essentially,
this plan will take the form of a detailed table that compiles all of the adopted mitigation measures
developed within the body of the EIR, as well as information necessary to monitor compliance with each
measure. The program will include:
• Suggested wording as a condition of approval;
• Identification of persons/agencies responsible for monitoring compliance with each condition;
• Timing when monitoring must occur;
• Frequency of monitoring; and
■ Criteria to be used to determine compliance with conditions.
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Subtask E.6.3 —Screencheck Final Focused EIR. After receipt of City staff and legal counsel comments,
Rincon will prepare a Screencheck Final Focused EIR for City review.
Subtask E.6.4 - Publication of the Final Focused EIR. After City certification of the EIR, Rincon will
provide up to 15 hard copies and 20 CDs of the Final Focused EIR. In addition, Rincon will provide an
electronic version of the Final Focused EIR in a searchable pdf format for website use (text and graphic
files small enough for fast public download times).
Task 7 — Meetings and Public Hearings
Rincon's Principal -in -Charge and/or Project Manager will attend up to two meetings with City staff (in addition
to the kickoff meeting) and up to two public hearings (assumed to be one with the Planning Commission and
one with the City Council). The consultant team will confer with the City Project Manager to determine which
meetings would be required; however, meeting attendance is assumed to be at key points in the development
of the EIR, including for example:
• Meeting to identify project alternatives
• Meeting to review City comments on the Administrative Draft EIR
• Meeting to discuss comments on the Draft EIR
Rincon specialists will typically participate by conference call, when necessary.
Hearing attendance will include assistance with oral presentations to the hearing body and graphic
presentations. These hearings will be scheduled and selected at the City's discretion. Additionally, as noted
above, participation by project management team members, key specialists, and subconsultants in conference
calls is assumed to be part of the EIR development and is included in our budget and scope for the EIR
development tasks.
Optional Task X.S: CEOA Findings
As an optional task, Rincon will prepare the CECW findings for the project. CEClA Guidelines §15091 requires that
no public agency approve or carry out a project, for which an EIR has been completed and identifies one or more
significant effects, unless the public agency prepares findings for each significant effect. The findings will include
information related to whether those significant impacts identified in the EIR will be reduced to below a level of
significance by mitigation measures identified in the EIR. In addition, the findings will discuss the reasoning for
ultimately rejecting the project alternatives. CEQA Guidelines §15093 requires that when an agency approves a
project that will have a significant adverse environmental effect that is unavoidable, the agency must make a
Statement of Overriding Considerations. If a significant and unavoidable impact is identified in the EIR, Rincon
will prepare the Statement of Overriding Considerations. This scope of work assumes that if alternatives are
determined to be infeasible due to financial considerations, or that the Statement of Overriding considerations
relies on specific economic or financial factors, corresponding financial data to support these conclusions will be
provided by the City. Rincon will provide a digital copy of an administrative draft of the CEClA findings to the City
for review and comment, and then incorporate City comments into a final document.
Optional Task X.6: Assembly Bill 52 Compliance. If this task is selected, Rincon will assist the City with Native
American government -to -government consultation in accordance with AB 52. Rincon assumes the City will
provide a list of tribes who have requested AB 52 notification from the City. Rincon will draft letters and maps
for Native American tribal government contacts, as well as provide the City with a tracking sheet and
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instructions for successful AB 52 consultation. Native American contacts have 30 days to respond and request
further consultation.
APPROACH TO TECHNICAL ISSUES
Based on our preparation of the project Initial Study and familiarity with the revised project description, we
have assembled a scope of work which facilitates thorough analysis of the following issue areas in a timely and
cost-effective manner:
• Aesthetics
• Cultural Resources
• Noise
• Transportation and Circulation
Aesthetics. As stated in the Initial Study, the project site is not located within a City General Plan designated
scenic vista or along a designated scenic highway. The site is located within the downtown core and currently
contains urban development including a parking lot, two residential structures, and a detached garage. While
the proposed project would be visually compatible with the existing urban environment of the site and the
surrounding area, it would increase the size and scale of development on the project site. The applicant requests
a variance project in height so that the project can exceed existing height limitations as established by the
zoning code. In addition, the project site would be located in the Downtown Historic District. The increase in size
and scale of development on the project site and the sensitivity of the project site within the Downtown Historic
District could result in potential impacts to the visual character of the site. Additionally, while the proposed
project is located in an urban area where substantial nighttime lighting currently exists, the increased height of
the proposed structure and the proximity to residential uses could result in light spillover and additional glare
that could result in significant environmental effects. Accordingly, the Initial Study determined that the EIR will
address potential project impacts on visual character and light and glare.
Rincon will provide a current visual characterization of conditions on the site, evaluation of project impacts on
scenic views and changes to the visual character of the site, and evaluation of project light and glare. It is our
understanding that photo simulations of conceptual project elevations from various key viewing locations will be
provided by the project design team. Rincon will interpret and evaluate the visual simulations in a CECIA-
compliant impact analysis. Recommendations will be developed to reduce identified visual impacts. General
design guidelines will be identified to assist the design team in terms of design features and elements of the
project to assure visual compatibility with the surrounding neighborhood.
The EIR will evaluate the new sources of light and glare through a review of the proposed project's lighting plan.
If no lighting plan is available, general design guidelines will be identified to assist the design team in terms of
lighting features and building materials to assure that lighting and glare associated with the proposed project
would be compatible with adjacent and surrounding uses.
The aesthetic assessment will include the following tasks:
• Visually characterize the project site and surrounding area from key public viewpoints, potentially
including distant public viewpoints.
• Review and incorporate visual simulations to be provided by the project design team.
• Review LUCE policies that reduce visual impacts, assess their applicability to the proposed project, and
evaluate the consistency of the project with City planning programs and design guidelines.
• Discuss the proposed project visual conditions relative to the current and anticipated future aesthetic
character of the project area.
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• Identify glare and night lighting impacts.
• Identify impacts to public view areas.
■ Discuss any obstructions to public view areas.
• Identify measures needed to mitigate significant visual impacts and to help maintain the visual quality
of the area.
Cultural Resources. The project site was previously surveyed for cultural resources in 2011. The Cultural
Resources Inventoryfor the Palm-Nipomo Parking Structure, San Luis Obispo, California, found that the project is
located within the Downtown Historic District and that its construction could result in impacts to archaeological
resources, the extant historic district, as well as contributing properties within the district (Applied Earthworks
2011). Rincon will review these previous findings, update previous baseline data where necessary and prepare
an updated analysis of potential impacts to cultural resource within the project site and surrounding vicinity.
Records Search. Rincon will conduct a California Historical Resources Information System (CHRIS) records search
of the proposed project site as well as a 0.25-mile radius around the project site at the Central Coast Information
Center (CCIC) located at University of California, Santa Barbara. The records search will also reveal the nature
and extent of any cultural resources work previously conducted within the project site and adjacent vicinity. We
assume that a cultural resources field survey is not needed for the project, and that no new cultural resources
will be identified that require evaluation or recordation
Native American Scoping. Rincon will contact the California Native American Heritage Commission (NAHC) for a
review of their Sacred Lands File (SLF). The NAHC will determine if any NAHC-listed Native American sacred lands
are located within or adjacent to the project site. In addition, the NAHC will provide a list of Native American
contacts for the project that they believe should be contacted for additional information. Rincon will prepare
and mail a letter to NAHC-listed contacts, requesting that they contact us if they know of any Native American
cultural resources within or near to the project site. A follow-up phone call will be made to those contacts that
do not respond to our request for information directly.
Cultural Resources Analysis Update. Upon completion of the records search and SLF search, Rincon Consultants
will prepare a cultural resources analysis update. This analysis will review the results of the 2011 study, update
the analysis to reflect new baseline data and update the impacts analysis to address direct, indirect and cumulative
impacts to the cultural resources. The analysis will provide management recommendations for cultural resources
within or near the project site and mitigation measures to avoid or reduce adverse effects.
Assembly Bill 52 Compliance.(Optional Task) If this task is selected, Rincon will assist the City with Native
American government -to -government consultation in accordance with AB 52. Rincon assumes the City will
provide a list of tribes who have requested AB 52 notification from the City. Rincon will draft letters and maps
for Native American tribal government contacts, as well as provide the City with a tracking sheet and
instructions for successful AB 52 consultation. Native American contacts have 30 days to respond and request
further consultation.
Noise. As described in the Initial Study, the project would not result in significant long-term noise exposure
impacts. However, the project could result in short-term construction noise impacts at nearby sensitive
receptors, and accordingly the focus of this section will be on construction noise. The impact analysis and
conclusions regarding long-term noise exposure from the Initial Study will be updated based on the updated
traffic study, and carried forward into the Focused EIR.
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Noise -sensitive uses near the project site include residences to the east, residences immediately adjacent to the
project site and across Monterey Street to the south, a mortuary and residential uses across Nipomo Street to
the west, and Mission Prep School to the north of Palm Street. Based on current site plans for the project,
construction activities may occur within 25 feet or less of the residences to the east of the project site. The
existing sensitive receptors could be exposed to construction noise that exceeds City thresholds. The impact of
construction noise levels on sensitive receptors will be evaluated in the EIR, which will also identify any
mitigation necessary to reduce significant short-term construction noise impacts to the extent feasible.
Rincon will quantitatively evaluate project noise levels and noise level increases related to site preparation/
construction at sensitive receptors. Rincon will examine existing noise sources in the project area and will
conduct ambient noise measurements in the field to characterize the existing noise conditions in the vicinity of
the project site. The measurements will be taken using an ANSI Type II sound level meter. Up to three 20-minute
daytime measurements will be taken. The existing regulatory setting will be described, including federal, state,
and local noise requirements. Construction noise will be quantitatively evaluated by summing the noise from
anticipated equipment and comparing noise levels at affected receptors to City thresholds.
Rincon will provide an updated estimate of existing and future traffic noise levels along up to two roadway
segments based upon data from the updated traffic impact analysis. Traffic noise will be forecast using the
Federal Highway Administration Traffic Noise Model® (TNM version 2.5). Traffic generated by the proposed
project will be added to the current traffic volumes and the incremental noise level increases will be calculated.
Mitigation requirements will be identified for noise impacted areas.
Specifically, this section will include the following tasks:
• Noise metering at up to three locations to characterize existing noise levels.
• Review the project area to identify potential noise sources that could adversely affect the proposed
project and noise -sensitive uses that may be affected by the proposed project.
• Discuss City Noise Element policies pertaining to proposed on -site uses and potential noise sensitive use
in the project area and the project's consistency with those policies.
• Evaluate potential short and long term noise impacts of the project on sensitive uses in the project area
(this analysis will include modeling of construction equipment noise, as well as noise associated with
future traffic volumes at up to two roadway segments to determine if locally adopted noise impact
thresholds may be exceeded).
• Identify mitigation measures for identified noise impacts.
Transportation and Circulation. It is our understanding that another consultant will prepare a traffic impact
analysis for the project under a separate contract. Rincon will review the traffic impact analysis and incorporate
the analysis into the EIR impact section. This scope of work assumes that the traffic impact analysis will contain
an evaluation of project impacts on study area roadway segments and intersections under both existing +
project and cumulative + project conditions, as well as impacts related to overall vehicle miles traveled
generated by the project. Impacts, including any potential secondary impacts from required roadway
improvements, will be described and mitigation measures will be identified as necessary.
Issues Addressed in the Initial Study. The EIR will include a section describing the issues for which a less than
significant impact or significant but mitigable impact is anticipated, as described in the Initial Study. This section
will include sufficient evidence to support the less than significant impact findings. The updated Initial Study
analysis for the issue areas of Agriculture and Forest Resources, Air Quality, Biological Resources, Geology and
Soils, Greenhouse Gas Emissions, Hazards, Hydrology and Water Quality, Land Use and Planning Mineral
Resources, Population and Housing, Public Services, Recreation, Traffic, and Utilities/Service Systems will be
incorporated into this section.
San Jose, CA • Austin, TX • Newport Beach, CA
watrydesign.com
Palm Nipomo Parking Structure Study — August 11, 2016
WDI # 09079 Page 16 of 16
Task E Schedule
Rincon proposes to adhere to a schedule that allows the Draft Focused EIR to be circulated "within 18 weeks of
notice to proceed and the EIR process to be concluded within approximately 8 months.
Initial Study -Notice of Preparation (IS-NOP): Rincon will prepare the IS-NOP for release within three weeks of
notice to proceed and receipt of project description information and the updated traffic study.
Project Description: Within one week of release of the NOP, Rincon will submit the draft EIR project description
for staff review. Rincon assumes a one -week review period for review by the City, and Rincon revisions to the
project description. Thus, we assume that the EIR project description will be approved by the City within two
weeks after release of the NOP.
Administrative Draft Focused EIR: The Administrative Draft Focused EIR will be completed within four weeks of
City approval of the project description. This schedule assumes delivery of the Administrative Draft Focused EIR
about nine weeks after notice to proceed.
Screencheck Draft Focused EIR: Assuming that the City will deliver comments on the Administrative Draft
Focused EIR within three weeks, Rincon will produce the Screencheck EIR within two weeks of receipt of staff
comments. This schedule also assumes that City comments are coordinated into a single consistent set of
comments and that no new substantial analysis will be needed as a result.
Public Draft Focused EIR: Assuming that the City will deliver comments on the Screencheck Draft Focused EIR
within two weeks, Rincon will revise and produce the Public Draft Focused EIR within two weeks (including
production time). This schedule would allow for publication approximately 18 weeks after notice to proceed.
Response to Comments/Administrative Final Focused EIR: Within three weeks of the close of the 45-day Draft
EIR circulation period and receipt of all written and oral comments, Rincon will deliver a Draft Response to
Comments report that responds to issues raised regarding the analysis. Rincon will assemble responses into the
Administrative Final Focused EIR, which will also contain any changes that might be required to the Draft
Focused EIR. This milestone is expected to be reached about 27 weeks after notice to proceed.
Screencheck Final Focused EIR: Within two weeks of receipt of City comments on the Response to
Comments/Administrative Final Focused EIR, Rincon will deliver the Screencheck Final Focused EIR. Assuming a
one week review period for the City, the Screencheck Final Focused EIR would be delivered 30 weeks after
notice to proceed.
Final Focused EIR: Assuming that the City will deliver comments on the Screencheck Final Focused EIR within
one week, Rincon will produce the Final Focused EIR within one week. Adhering to this schedule, the EIR will.be
prepared, reviewed by the public and decision -makers, and could be certified within approximately 32 weeks, or
about 8 months.
The ability to meet this schedule depends on timely receipt of technical information (including the traffic study),
the level of City review, the level of public comment, and staffs direction on addressing unanticipated issues
that may arise during the process.
San Jose, CA • Austin, TX • Newport Beach, CA
watrydesign.com
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
805 547 0900
FAX 547 0901
info®rinconconsultants.com
www.rinconconsultants.com
August 10, 2016
Project 10-65710
Michelle Wendler
Watry Design, Inc.
100 Century Center Court, Suite 600
3224 Southside Road
San Jose, CA 95112
Subject: Scope of Work and Fee Estimate to Prepare Focused EIR for the City of
San Luis Obispo Palm-Nipomo Project
Dear Ms. Wendler:
Rincon Consultants, Inc. is pleased to submit this proposal to prepare a Focused EIR
for the Palm-Nipomo Project. We have assembled a team that brings together
expertise in all of the technical areas necessary to analyze the environmental impacts
associated with the proposed project while utilizing existing data to the extent
feasible.
Our Principal -in -Charge and project team have extensive experience working on
similar projects and are currently assisting the City of San Luis Obispo with CEQA
review for several development projects.
The following sections of this proposal describe our understanding of the proposed
project, our work program and proposed technical methodologies for each issue
area, and our proposed cost and schedule.
PROJECT UNDERSTANDING
The Palm-Nipomo Project features a five -story parking structure, commercial/ office
uses, and a community theater on a 1.1-acre property located in Downtown San Luis
Obispo. The project is currently undergoing design refinement with respect to the
ultimate size and configuration of project components. Accordingly, the EIR will
focus on a preferred design concept, but will also provide environmental evidence
and conclusions that support a flexible range of design outcomes.
The project site is located south of Palm Street, east of Nipomo Street, and north of
Monterey Street. The site is currently occupied by City -owned surface parking lots,
one detached garage, and two residential units (one single-family residence and one
secondary unit adjacent to Palm Street). The project site is located within the City's
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Downtown Historic District. The site has a General Plan land use designation of
Office and Medium -High Density Residential, and a zoning designation of Office (O-
H) and Medium Density Residential (R-3).
The project was initiated in 2010. Preliminary designs for the parking garage
component of the project were developed and discussed in a series of community
workshops in 2010 and 2011. Rincon Consultants prepared an existing conditions
report that described environmental constraints on the project site in 2010, and
completed an Initial Study in 2012. Through this process it was determined that two
residences directly adjacent to the project site, located at 610 and 614 Monterey
Street, are contributors to the Downtown Historic Preservation District and provide
essential continuity along a historic streetscape. The Initial Study described that
locating the parking structure immediately adjacent to these historic structures
(within approximately 5 feet) has the potential to degrade the historic character and
continuity of the historic streetscape. In addition, it was determined that the
detached garage on -site, which is a contributing element to the historic district, may
be demolished as part of the proposed project. The Initial Study also identified
potentially significant impacts related to aesthetics and construction noise. Because
of the potential for significant environmental effects in these issue areas, it was
determined that an Environmental Impact Report (EIR) should be prepared.
Following preparation of the Initial Study, the project was redesigned to include
commercial/office uses, and the relocated Little Theater.
Current project goals include:
• Provide a minimum of 400 parking spaces;
• Be creative, but mindful of costs;
• Design an aesthetically pleasing structure that fits into the downtown and
neighborhood;
• Consider contextual sensitivity of surrounding properties (i.e. Lattimer-
Hayes adobe);
• Consider City codes such as setback and height;
• Consider City's agreement with SLO Little Theater to develop a community
theater on a portion of the site and the Physical Concept Plan for the
Downtown that identifies cultural uses in addition to parking on the site;
• Provide the structure's main entry on the street that the traffic analysis
determines will provide the most direct access and provide secondary access
on other street. Provide no vehicle access to Monterey Street to maintain
street character;
• Consider incorporating other appropriate uses on the site;
• Design to accommodate other uses on Monterey Street in front of the
structure and provide a direct pedestrian connection from the structure to
Monterey Street;
• Make an effort to preserve the large oak tree;
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Incorporate green technologies into the structure; and
Design and construct the project within budget.
The project is currently undergoing design refinement with respect to the ultimate
size and configuration of project components, which include a parking structure,
community theater, and commercial/office uses. The currently envisioned project
would involve the construction of an above -ground five -level parking structure with
approximately 420 parking spaces. Main access to the structure would be provided
from Palm Street, with an auxiliary access point on Nipomo Street. Access would not
be provided from Monterey Street. The project would also include office/
commercial space fronting on Nipomo Street. The size of the office/commercial
space has not been determined. The San Luis Obispo Little Theater would also be
relocated to the site, fronting on Monterey Street adjacent to the parking structure.
The Little Theater would entail a three-story structure with a gross floor area of
23,841 square feet. The basement level would house a rehearsal area, workshop,
laundry room, restroom, and storage space. The main level would house a main
theater with 191 seats (143 of them fixed) and a smaller "black box' theater with 99
reconfigurable seats, for a total of 290 seats. The main level would also include a
green room, two dressing areas, a backstage area, a lobby, and restrooms. The third
floor would include offices and a conference room. A small balcony would also be
located on the third floor, with a larger balcony on the building rooftop that may
contain a restaurant and/or outdoor plaza.
The project would involve the removal of the existing parking lot and demolition or
relocation of the existing two residential structures and detached garage. The project
would require a building height variance to exceed 35 feet in height and a setback
variance for the setback of the street yard to be less than 15 feet. The City's Zoning
Ordinance indicates that the project site is zoned Office (O-H) and Medium Density
Residential (R-3). The O-H zone allows for development of a multi -level parking
structure with Planning Commission approval; however, a General Plan amendment
and Zone Change to O-H would be required to permit the proposed project on the
portion of the project site that is zoned R-3.
FOCUSED EIR WORK PROGRAM
Task 1 - Project Initiation/IS-NOP
The project initiation phase of the EIR will consist of preparation and circulation of a
Notice of Preparation (NOP). As part of this phase, we recommend updating the
Initial Study to address the current project description, current regulatory setting,
and current physical baseline conditions on and near the project site. Circulation of
the Initial Study with the NOP will allow for more precise public review and
comment on the project's environmental review. Rincon will prepare the NOP
consistent with CEQA Guidelines Section 15082. Rincon will provide a project
description, project location, and summary of the probable environmental effects of
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the project. Rincon will distribute the NOP to the State Clearinghouse and all
identified responsible and trustee agencies via certified mail. Substantive responses
to the NOP will be compiled, appended to the EIR, and addressed within the EIR.
The Initial Study to be attached to the NOP will identify issues with potentially
significant environmental impacts that will be studied further in the Focused EIR, as
well as issues where impacts are determined to be less than significant. Substantial
evidence will be provided to support impact conclusions. As part of the task, Rincon
will update the environmental setting, including updated physical conditions on
and adjacent to the site, an updated regulatory setting (including the City's Land
Use and Circulation Element Update [LUCE]), and updated records searches for
environmental resources, including California Natural Diversity Database (CNDDB)
species and habitats, cultural resources, and hazardous materials records. Updated
information from the LUCE EIR will be incorporated. The updated traffic analysis
to be provided by another consultant under separate contract will be summarized.
Based on the updated traffic study, Rincon will conduct updated air quality and
greenhouse gases (GHG) emissions modeling using the latest version of CaIEEMod.
Task 2 - Project Description
Rincon will prepare a detailed Project Description in accordance with the
requirements of Section 15124 of the State CEQA Guidelines for review by the City.
The Project Description will detail the project proposal, including requested permits.
Textual, tabular, and graphic presentation will be included as necessary to facilitate a
thorough understanding of the proposed project.
The Project Description will include:
• A thorough explanation of proposed development and requested land use changes,
permits, and approvals
• Discussion of the site access, grading, and utility services
• Descriptions of the site and surrounding uses
• The proposed duration of construction and the proposed phasing of development
With the understanding that multiple project designs are currently under
consideration and development, we anticipate that the project description will
address a single preferred scenario that is described in a manner that will allow
flexibility in the ultimate set of project components ultimately selected. Other design
concepts will be addressed in the Focused EIR Alternatives section.
Establishment of the Project Description is a critical early step in the EIR process,
since the Project Description forms the basis for environmental evaluation under
CEQA. We will address one round of review and consolidated comments by City
staff.
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Upon City approval of the Project Description, Rincon will begin preparation of the
Administrative Draft Focused EIR. This task includes all components necessary to
complete the environmental impact analysis. It is anticipated that the EIR will focus
on the following issue areas: Aesthetics, Cultural Resources, Noise, and
Transportation/Circulation. Our technical approach for each of these issue areas is
described under Approach to Technical Issues below.
To the extent possible, Rincon will incorporate information from existing
environmental review, technical reports, and planning documents that are applicable
to the project.
Subtask 3.1- Executive Summary. The Executive Summary will include an
introduction and purpose, a brief description of the proposed project, project
alternatives, and a table summarizing the environmental effects and mitigation
measures associated with the proposed project. The table will be organized by level
of environmental impact, including significant unavoidable adverse impacts (Class
I), significant impacts that can be mitigated to a less than significant level (Class II),
less than significant impacts (Class III), and beneficial impacts (Class IV). The
Executive Summary will be provided at a level of detail that allows the section to
function as a stand-alone printed document.
Subtask 3.2 - Introduction, Project Description, and Environmental Setting.
The Introduction section will include a narrative on the background of the project. It
will include a summary of the previous environmental review of the project and the
environmental review process anticipated for the current project. In addition, lead,
responsible, and trustee agencies will be identified and the scope, content, and
purpose of the EIR will be described. The Project Description section will consist of
the project description that was prepared in Task 2. The Environmental Setting
section will provide a description of the existing environmental conditions in the
project region and in the project area.
Subtask.3.3 - Environmental Impacts and Mitigation Measures. The main
body of the EIR will consist of the assessment of potential environmental impact
analysis of the proposed project. Each environmental issue addressed in the Focused
EIR will have five main subsections:
• Setting
• Methodology and Significance Thresholds
• Impact analysis including both project -specific and cumulative impacts
• Mitigation measures
• Residual Impacts
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The setting section will describe the applicable environmental conditions of the
project area. The setting will be based on existing data sources, including the
updated traffic study, supplemented with additional research.
The impact analysis section will include a statement of the significance thresholds
that were used to determine if an impact would have the potential to result in a
significant environmental effect. Impacts of the proposed project when compared to
existing conditions in the project area will be identified, as will cumulative impacts
resulting from regional growth. Impacts will be quantified where possible. If existing
data does not allow definitive quantification, reasonable assumptions will be used to
qualitatively determine potential impacts.
All mitigation measures will be presented so that they can be directly applied as
conditions of approval and will include monitoring requirements. Conditions where
the proposed mitigation measures would not reduce the identified impacts to a less
than significant level will be clearly identified. Secondary impacts of mitigation
measures will also be discussed.
The final section will describe the level of significance after mitigation. This will be a
brief statement noting where any significant impacts would remain after mitigation
measures are applied. This section will also note whether impacts related to each
issue are significant and unmitigable (Class I), significant but mitigable (Class II),
less than significant (Class III), or beneficial (Class IV). Any secondary effects from
proposed mitigation measures will be described as appropriate.
Subtask 3.4 - Alternatives. This section will be prepared in accordance with
the requirements of the CEQA Guidelines Section 15126(d) and recent court
decisions. The purpose of this section will be to promote informed decision -making
and to evaluate a reasonable range of project alternatives. Rincon will analyze up to
four alternatives, including the CEQA-required "no project" alternative. Other
alternatives will be determined in consultation with City staff and the project design
team, based on the preliminary findings of the environmental analysis.
Per the State CEQA Guidelines, the alternatives will evaluate the same
environmental topic areas in a more qualitative manner with less detail than the
proposed project. However, where impacts have been identified as significant for the
proposed project, the alternatives will identify applicable mitigation requirements
for the alternatives, so a meaningful comparison can be made, and if necessary
CEQA Findings in support of the alternatives can be prepared. The analysis will
identify whether the alternatives would result in impacts that are less than, similar
to, or greater than those of the proposed project, the level of significance, and
mitigation requirements. A matrix that depicts the magnitude of impacts associated
with the alternatives when compared to the proposed project will be provided. At
the conclusion of the alternatives analysis, the environmentally superior alternative
will be identified.
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Subtask 3.5 - Other CEQA-Required Sections. Also included in the Focused
EIR will be other sections required by CEQA, such as table of contents and summary
of potential growth inducing and significant irreversible effects. An evaluation of
energy impacts will be provided.
Subtask 3.6 - References and List of Preparers. This section will provide a list
of references for citations found in the body of the Focused EIR. This section will also
identify all federal, state, or local agencies, other organizations, and private
individuals consulted in preparing the EIR, and the persons, firm, or agency
preparing the EIR.
Task 4 - Screencheck Draft Focused EIR
Following City staff review of the Administrative Draft Focused EIR, Rincon will
revise the document based on comments received and provide a Screencheck Draft
Focused EIR for review. Revisions can be provided in Word documents using "track
changes," or a compiled "clean" PDF may be provided for final review, depending
on the City's preference. This task will include responding to City comments on the
Administrative Draft Focused EIR requiring a mixture of substantive corrections and
minor editing; however, it is assumed that no new technical studies, revisions to the
technical appendices, or site -specific data collection will be needed at this stage. The
Screencheck Draft Focused EIR will be provided in digital format only.
Task 5 - Public Draft Focused EIR
This task involves the production, editorial work, and communication processes
anticipated to publish the Draft Focused EIR for public review and comment
following City review of the Screencheck Draft Focused EIR. At this stage it is
anticipated that revisions will be limited to editorial and formatting changes, if any.
Rincon will prepare all required notices for the EIR, including the Notice of
Completion and Environmental Transmittal, and will mail the documents to relevant
agencies and interested citizens on a mailing list to be developed by the City. For the
purposes of this proposal, it is assumed that up to 30 CDs and 20 hard copies would
be delivered.
Task 6 - Final Focused EIR
The final formal stages of the Focused EIR process involve responding to comments,
holding public hearings and final editorial tasks. At this point, all of the
discretionary permit applications and the proposed Final Focused EIR will be
brought together for final public and decision -maker scrutiny in order to facilitate
official decisions regarding the application. Through this process, final changes and
policy decisions concerning the project are made. Our work effort regarding this task
is delineated below.
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Subtask 6.1- Response to Comments,/Administrative Final Focused EIR.
Subsequent to receipt of all public comments on the Draft Focused EIR, Rincon will
submit draft responses to comments for City review. We have budgeted 40 staff
hours for preparing the responses to comments; however if a higher than average
number of comments is received, additional funds may be required to complete this
task. The final version of the responses to comments will be incorporated into the
Administrative Final Focused EIR.
Subtask 6.2 - Mitigation Monitoring and Reporting Program (MMRP).
Concurrent with the Administrative Final Focused EIR, Rincon will prepare an
MMRP. The MMRP will be provided in a format designed for use by planners or
code enforcement officers, and will incorporate both monitoring and reporting by
the City, with subsequent report verification by onsite inspection, if necessary.
Essentially, this plan will take the form of a detailed table that compiles all of the
adopted mitigation measures developed within the body of the EIR, as well as
information necessary to monitor compliance with each measure. The program will
include:
• Suggested wording as a condition of approval;
• Identification of persons/agencies responsible for monitoring compliance with
each condition;
• Timing when monitoring must occur;
• Frequency of monitoring; and
• Criteria to be used to determine compliance with conditions.
Subtask 6.3 - Screencheck Final Focused EIR. After receipt of City staff and
legal counsel comments, Rincon will prepare a Screencheck Final Focused EIR for
City review.
Subtask 6.4 - Publication of the Final Focused EIR. After City certification of
the EIR, Rincon will provide up to 15 hard copies and 20 CDs of the Final Focused
EIR. In addition, Rincon will provide an electronic version of the Final Focused EIR
in a searchable pdf format for website use (text and graphic files small enough for
fast public download times).
Task 7 - Meetings and Public Hearings
Rincon s Principal -in -Charge and/or Project Manager will attend up to two meetings
with City staff (in addition to the kickoff meeting) and up to two public hearings
(assumed to be one with the Planning Commission and one with the City Council).
The consultant team will confer with the City Project Manager to determine which
meetings would be required; however, meeting attendance is assumed to be at key
points in the development of the EIR, including for example:
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• Meeting to identify project alternatives
• Meeting to review City comments on the Administrative Draft EIR
• Meeting to discuss comments on the Draft EIR
Rincon specialists will typically participate by conference call, when necessary.
Hearing attendance will include assistance with oral presentations to the hearing
body and graphic presentations. These hearings will be scheduled and selected at the
City's discretion. Additionally, as noted above, participation by project management
team members, key specialists, and subconsultants in conference calls is assumed to
be part of the EIR development and is included in our budget and scope for the EIR
development tasks.
Optional Task A: CEQA Findings
As an optional task, Rincon will prepare the CEQA findings for the project. CEQA
Guidelines §15091 requires that no public agency approve or carry out a project, for
which an EIR has been completed and identifies one or more significant effects,
unless the public agency prepares findings for each significant effect. The findings
will include information related to whether those significant impacts identified in
the EIR will be reduced to below a level of significance by mitigation measures
identified in the EIR. In addition, the findings will discuss the reasoning for
ultimately rejecting the project alternatives. CEQA Guidelines §15093 requires that
when an agency approves a project that will have a significant adverse
environmental effect that is unavoidable, the agency must make a Statement of
Overriding Considerations. If a significant and unavoidable impact is identified in
the EIR, Rincon will prepare the Statement of Overriding Considerations. This scope
of work assumes that if alternatives are determined to be infeasible due to financial
considerations, or that the Statement of Overriding considerations relies on specific
economic or financial factors, corresponding financial data to support these
conclusions will be provided by the City. Rincon will provide a digital copy of an
administrative draft of the CEQA findings to the City for review and comment, and
then incorporate City comments into a final document.
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APPROACH TO TECHNICAL ISSUES
Based on our preparation of the project Initial Study and familiarity with the revised
project description, we have assembled a scope of work which facilitates thorough
analysis of the following issue areas in a timely and cost-effective manner:
• Aesthetics
• Cultural Resources
• Noise
• Transportation and Circulation
Aesthetics. As stated in the Initial Study, the project site is not located within
a City General Plan designated scenic vista or along a designated scenic highway.
The site is located within the downtown core and currently contains urban
development including a parking lot, two residential structures, and a detached
garage. While the proposed project would be visually compatible with the existing
urban environment of the site and the surrounding area, it would increase the size
and scale of development on the project site. The applicant requests a variance
project in height so that the project can exceed existing height limitations as
established by the zoning code. In addition, the project site would be located in the
Downtown Historic District. The increase in size and scale of development on the
project site and the sensitivity of the project site within the Downtown Historic
District could result in potential impacts to the visual character of the site.
Additionally, while the proposed project is located in an urban area where
substantial nighttime lighting currently exists, the increased height of the proposed
structure and the proximity to residential uses could result in light spillover and
additional glare that could result in significant environmental effects. Accordingly,
the Initial Study determined that the EIR will address potential project impacts on
visual character and light and glare.
Rincon will provide a current visual characterization of conditions on the site,
evaluation of project impacts on scenic views and changes to the visual character of
the site, and evaluation of project light and glare. It is our understanding that photo
simulations of conceptual project elevations from various key viewing locations will
be provided by the project design team. Rincon will interpret and evaluate the visual
simulations in a CEQA-compliant impact analysis. Recommendations will be
developed to reduce identified visual impacts. General design guidelines will be
identified to assist the design team in terms of design features and elements of the
project to assure visual compatibility with the surrounding neighborhood.
The EIR will evaluate the new sources of light and glare through a review of the
proposed project's lighting plan. If no lighting plan is available, general design
guidelines will be identified to assist the design team in terms of lighting features
and building materials to assure that lighting and glare associated with the proposed
project would be compatible with adjacent and surrounding uses.
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The aesthetic assessment will include the following tasks:
• Visually characterize the project site and surrounding area from key public
viewpoints, potentially including distant public viewpoints.
• Review and incorporate visual simulations to be provided by the project design
team.
• Review LUCE policies that reduce visual impacts, assess their applicability to the
proposed project, and evaluate the consistency of the project with City planning
programs and design guidelines.
• Discuss the proposed project visual conditions relative to the current and
anticipated future aesthetic character of the project area.
• Identify glare and night lighting impacts.
• Identify impacts to public view areas.
• Discuss any obstructions to public view areas.
• Identify measures needed to mitigate significant visual impacts and to help
maintain the visual quality of the area.
Cultural Resources. The project site was previously surveyed for cultural
resources in 2011. The Cultural Resources Inventory for the Palm-Nipomo Parking
Structure, San Luis Obispo, California, found that the project is located within the
Downtown Historic District and that its construction could result in impacts to
archaeological resources, the extant historic district, as well as contributing
properties within the district (Applied Earthworks 2011). Rincon will review these
previous findings, update previous baseline data where necessary and prepare an
updated analysis of potential impacts to cultural resource within the project site and
surrounding vicinity.
Records Search. Rincon will conduct a California Historical Resources
Information System (CHRIS) records search of the proposed project site as well as a
0.25-mile radius around the project site at the Central Coast Information Center
(CCIC) located at University of California, Santa Barbara. The records search will
also reveal the nature and extent of any cultural resources work previously
conducted within the project site and adjacent vicinity. We assume that a cultural
resources field survey is not needed for the project, and that no new cultural
resources will be identified that require evaluation or recordation
Native American Scoping. Rincon will contact the California Native American
Heritage Commission (NAHC) for a review of their Sacred Lands File (SLF). The
NAHC will determine if any NAHC-listed Native American sacred lands are located
within or adjacent to the project site. In addition, the NAHC will provide a list of
Native American contacts for the project that they believe should be contacted for
additional information. Rincon will prepare and mail a letter to NAHC-listed
contacts, requesting that they contact us if they know of any Native American
cultural resources within or near to the project site. A follow-up phone call will be
made to those contacts that do not respond to our request for information directly.
Environmental Scientists Planners Engineers
r
Palm-Nipomo Project Focused EIR
Scope of Work and Fee Estimate
August 10, 2016
Page 12
Cultural Resources Analysis Update. Upon completion of the records search and
SLF search, Rincon Consultants will prepare a cultural resources analysis update.
This analysis will review the results of the 2011 study, update the analysis to reflect
new baseline data and update the impacts analysis to address direct, indirect and
cumulative impacts to the cultural resources. The analysis will provide management
recommendations for cultural resources within or near the project site and
mitigation measures to avoid or reduce adverse effects.
Optional Task B: Assembly Bill 52 Compliance. If this task is selected, Rincon will
assist the City with Native American government -to -government consultation in
accordance with AB 52. Rincon assumes the City will provide a list of tribes who
have requested AB 52 notification from the City. Rincon will draft letters and maps
for Native American tribal government contacts, as well as provide the City with a
tracking sheet and instructions for successful AB 52 consultation. Native American
contacts have 30 days to respond and request further consultation.
Noise. As described in the Initial Study, the project would not result in
significant long-term noise exposure impacts. However, the project could result in
short-term construction noise impacts at nearby sensitive receptors, and accordingly
the focus of this section will be on construction noise. The impact analysis and
conclusions regarding long-term noise exposure from the Initial Study will be
updated based on the updated traffic study, and carried forward into the Focused
EIR.
Noise -sensitive uses near the project site include residences to the east, residences
immediately adjacent to the project site and across Monterey Street to the south, a
mortuary and residential uses across Nipomo Street to the west, and Mission Prep
School to the north of Palm Street. Based on current site plans for the project,
construction activities may occur within 25 feet or less of the residences to the east of
the project site. The existing sensitive receptors could be exposed to construction
noise that exceeds City thresholds. The impact of construction noise levels on
sensitive receptors will be evaluated in the EIR, which will also identify any
mitigation necessary to reduce significant short-term construction noise impacts to
the extent feasible.
Rincon will quantitatively evaluate project noise levels and noise level increases
related to site preparation/ construction at sensitive receptors. Rincon will examine
existing noise sources in the project area and will conduct ambient noise
measurements in the field to characterize the existing noise conditions in the vicinity
of the project site. The measurements will be taken using an ANSI Type II sound
level meter. Up to three 20-minute daytime measurements will be taken. The existing
regulatory setting will be described, including federal, state, and local noise
requirements. Construction noise will be quantitatively evaluated by summing the
noise from anticipated equipment and comparing noise levels at affected receptors to
City thresholds.
Environmental Scientists Planners Engineers
r
Palm-Nipomo Project Focused EIR
Scope of Work and Fee Estimate
August 10, 2016
Page 13
Rincon will provide an updated estimate of existing and future traffic noise levels
along up to two roadway segments based upon data from the updated traffic impact
analysis. Traffic noise will be forecast using the Federal Highway Administration
Traffic Noise Model® (TNM version 2.5). Traffic generated by the proposed project
will be added to the current traffic volumes and the incremental noise level increases
will be calculated. Mitigation requirements will be identified for noise impacted
areas.
Specifically, this section will include the following tasks:
• Noise metering at up to three locations to characterize existing noise levels.
• Review the project area to identify potential noise sources that could adversely
affect the proposed project and noise -sensitive uses that may be affected by the
proposed project.
• Discuss City Noise Element policies pertaining to proposed on -site uses and
potential noise sensitive use in the project area and the project's consistency with
those policies.
• Evaluate potential short and long term noise impacts of the project on sensitive
uses in the project area (this analysis will include modeling of construction
equipment noise, as well as noise associated with future traffic volumes at up to
two roadway segments to determine if locally adopted noise impact thresholds
may be exceeded).
• Identify mitigation measures for identified noise impacts.
Transportation and Circulation. It is our understanding that another
consultant will prepare a traffic impact analysis for the project under a separate
contract. Rincon will review the traffic impact analysis and incorporate the analysis
into the EIR impact section. This scope of work assumes that the traffic impact
analysis will contain an evaluation of project impacts on study area roadway
segments and intersections under both existing + project and cumulative + project
conditions, as well as impacts related to overall vehicle miles traveled generated by
the project. Impacts, including any potential secondary impacts from required
roadway improvements, will be described and mitigation measures will be
identified as necessary.
Issues Addressed in the Initial Study. The EIR will include a section
describing the issues for which a less than significant impact or significant but
mitigable impact is anticipated, as described in the Initial Study. This section will
include sufficient evidence to support the less than significant impact findings. The
updated Initial Study analysis for the issue areas of Agriculture and Forest
Resources, Air Quality, Biological Resources, Geology and Soils, Greenhouse Gas
Emissions, Hazards, Hydrology and Water Quality, Land Use and Planning Mineral
Resources, Population and Housing, Public Services, Recreation, Traffic, and
Utilities/Service Systems will be incorporated into this section.
Environmental Scientists Planners Engineers
Palm-Nipomo Project Focused EIR
Scope of Work and Fee Estimate
August 10, 2016
Page 14
SCHEDULE
Rincon proposes to adhere to a schedule that allows the Draft Focused EIR to be
circulated within 18 weeks of notice to proceed and the EIR process to be concluded
within approximately 8 months.
Initial Study -Notice of Preparation (IS-NOP): Rincon will prepare the IS-
NOP for release within three weeks of notice to proceed and receipt of project
description information and the updated traffic study.
Project Description: Within one week of release of the NOP, Rincon will
submit the draft EIR project description for staff review. Rincon assumes a one -week
review period for review by the City, and Rincon revisions to the project description.
Thus, we assume that the EIR project description will be approved by the City
within two weeks after release of the NOP.
Administrative Draft Focused EIR: The Administrative Draft Focused EIR
will be completed within four weeks of City approval of the project description. This
schedule assumes delivery of the Administrative Draft Focused EIR about nine
weeks after notice to proceed.
Screencheck Draft Focused EIR: Assuming that the City will deliver
comments on the Administrative Draft Focused EIR within three weeks, Rincon will
produce the Screencheck EIR within two weeks of receipt of staff comments. This
schedule also assumes that City comments are coordinated into a single consistent
set of comments and that no new substantial analysis will be needed as a result.
Public Draft Focused EIR: Assuming that the City will deliver comments on
the Screencheck Draft Focused EIR within two weeks, Rincon will revise and
produce the Public Draft Focused EIR within two weeks (including production
time). This schedule would allow for publication approximately 18 weeks after
notice to proceed.
Response to Comments/Administrative Final Focused EIR: Within three
weeks of the close of the 45-day Draft EIR circulation period and receipt of all
written and oral comments, Rincon will deliver a Draft Response to Comments
report that responds to issues raised regarding the analysis. Rincon will assemble
responses into the Administrative Final Focused EIR, which will also contain any
changes that might be required to the Draft Focused EIR. This milestone is expected
to be reached about 27 weeks after notice to proceed.
Screencheck Final Focused EIR: Within two weeks of receipt of City
comments on the Response to Comments/Administrative Final Focused EIR, Rincon
will deliver the Screencheck Final Focused EIR. Assuming a one week review period
Environmental Scientists Planners Engineers
Palm-Nipomo Project Focused EIR
Scope of Work and Fee Estimate
August 10, 2016
Page 15
for the City, the Screencheck Final Focused EIR would be delivered 30 weeks after
notice to proceed.
Final Focused EIR: Assuming that the City will deliver comments on the
Screencheck Final Focused EIR within one week, Rincon will produce the Final
Focused EIR within one week. Adhering to this schedule, the FIR will be prepared,
reviewed by the public and decision -makers, and could be certified within
approximately 32 weeks, or about 8 months.
The ability to meet this schedule depends on timely receipt of technical information
(including the traffic study), the level of City review, the level of public comment,
and staff's direction on addressing unanticipated issues that may arise during the
process.
FEE ESTIMATE
Rincon Consultants will prepare the Palm-Nipomo Project EIR for the City of San
Luis Obispo, in accordance with our proposed scope of services, for an estimated
base fee of $68,036. The table on the following page provides a breakdown of costs
by major work item. As optional tasks, Rincon would prepare the CEQA Findings
and Statement of Overriding Considerations, and/or conduct AB 52 compliance
duties. The fee for these optional tasks would be $4,000 and $500, respectively.
We appreciate your consideration of this scope of work and fee estimate. If you have
any questions or would like any additional information, please contact us at your
convenience.
Sincerely,
RINCON COLTS
+ITS, INC.
Richard Daryl ton, M`LI IMP
Principal/ Vice President
Environmental Scientists Planners Engineers
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Council•Report
Meeting Date: 9/6/2016
FROM: Daryl Grigsby, Director of Public Works
Prepared By: Scott Lee, Parking Services Manager
Timothy Scott Bochum, Deputy Director of Public Works
SUBJECT: CONTRACT WITH WATRY DESIGN, INC. FOR PREPARATION OF A
FOCUSED ENVIRONMENTAL IMPACT REPORT AND ADDITIONAL
DESIGN SERVICES FOR THE PALM-NIPOMO PARKING STRUCTURE.
RECOMMENDATION
Authorize the City Manager to execute a Contract with Watry Design, Inc. for preparation of a
Focused Environmental Impact Report and additional Design Services for the Palm-Nipomo
Parking Structure.
DISCUSSION
In January 2016, the Council considered next steps relative to development of the Palm Nipomo
Parking structure. That session provided Council with an updated parking demand analysis on
existing and potential future demand for the proposed parking structure. Staff also solicited Council
input and consensus regarding moving forward with the proposed structure. Council supported
moving forward to the next stage of project development. That included completing the
environmental review for the project, refining final conceptual designs, and initiating the City
review process.
On December 1, 2009, Council approved a Request for Proposals (RFP) for environmental and
design services for the construction of the Palm-Nipomo Parking Structure ("the project)". In
addition, Council authorized the City Manager to award the contract if within the project budget.
As part of that process eleven proposals were received. Through the interview process, Watry
Design, Inc. was identified as the preferred consultant for the project and was awarded a contract for
environmental and design work.
Based upon information known at the time it was anticipated that environmental review would be
accomplished through the processing of an Initial Study -Mitigated Negative Declaration (IS-MND).
However, as the environmental work proceeded it became clear that at least one area, Cultural
Resources, could have potentially significant and unmitigable impacts. More specifically, the Initial
Study identified that the project could have a significant impact on the two houses located at 610
and 614 Monterey. Council reviewed the draft Initial Study issues on January 3, 2012 and directed
staff to move forward with a focused EIR. That work was put on hold due to the recession and was
the subject of the study session earlier this year.
Packet Pg. 51
Negotiation for a project scope have now been completed with Watry Design, Inc. and their
environmental consultant, Rincon Consultants, Inc. to prepare the focused EIR. Watry and their
subconsultants will also perform the additional design work that will be necessary to process the
application through City review processes as the EIR moves forward. The focused EIR will include
review of issues associated with Aesthetics, Cultural Resources, Noise and Traffic. As directed by
Council, the project scope includes analysis of ancillary buildings being created along part of
Nipomo that could serve Office/Retail uses. A contract for full design of the structure will be
forthcoming and will likely run parallel to the environmental review process at later stages.
In addition, the EIR scope has been expanded to include assessment of the potential effects of the
possible SLO Little Theater project that is contemplated in the area south of the parking structure
site location. Construction of the Little Theater would require the removal of the two houses on
Monterey. Including this issue in the EIR is appropriate from a CEQA standpoint at this time.
Finally, as part of the process, staff and the consultants will take a final look at whether
incorporating additional uses into the structure (such as public access to the roof and residential
uses,) is possible and what the costs may be to achieve this. Council has previously given direction
on the project that additional uses should not be incorporated into the design. However, recent work
on the update to the Downtown Physical Concept Plan has included some discussions of parking
structures being designed such that the roof deck may be used for additional public access.
Although this policy has not yet been adopted by Council staff believes addressing it upfront is a
better approach than having it added in at the tail end of the City review process. That could cause
delays to the schedule for Palm Nipomo and could result in additional costs. The additional cost to
modify the design of the structures to accommodate such use may preclude this but staff believes
that a final review of this issue for the Palm Nipomo structure is appropriate at this time.
FISCAL IMPACT
The original RFP scope for procurement of the environmental services included language that an
EIR may need to be completed for the project. Section 295 of the City's Financial Management
Manual includes the following for Consultant Services:
4. "If it is determined that it is in the best interest of the City for services to be provided
by a specific consultant —with contract terms, workscope and compensation to be
determined based on direct negotiations —contract award will be made by the Council."
Watry Design, Inc. has a solid understanding of the required work, extensive experience providing
similar services and the proven capability to develop innovative solutions on -time and within
budget. They have conducted most of the preliminary design of the structure to date and understand
the issues well in order to advance the project through the City process. Rincon, Inc. has performed
the previous technical documents used for the Initial Study of the project and is already
knowledgeable of all the issues associated with the project. Moreover, Rincon, Inc is familiar with a
variety of City projects and the updated land use policy framework in the 2014 LUCE update.
Lastly, the team was selected through a competitive RFP process. Staff believes the proposed price
structure is competitive (and below budgeted amounts) and includes a team that has the technical
expertise and understanding of the project to move it forward for this critical phase.
Packet Pg. 52
Staff has concluded that it is in the best interest of the City to continue to use this team to complete
the environmental review and complete the City review and approval process. The City Attorney's
office has reviewed the language of the RFP and scope of work along with the Financial
Management Manual policies and concurs with this recommendation.
The scope of work to complete the EIR as well as additional design services is estimated at
$129,163, and there are sufficient funds in the existing capital project account to fund these services.
In addition to the direct costs, staff is recommending that an additional 20% contingency amount be
allocated for any unforeseen issues that may arise as the project moves forward in the City process
and public review phase.
Fee Proposal Suin
Watry Design, Inc. Proposal $ 128,198
Contract Award 1 $ 129,163
Design Contingency (20%) $ 25,833
Total $ 154,996
Environmental Phase - Funding Available(Acct # 90435.957) S 209,670
ALTERNATIVES
The Council could choose to add or modify the scope of the environmental work or add
additional items to be considered as part of project. Staff does not recommend this alternative as
changes to the scope would result in a modification to the contract cost and could delay initiation
of the environmental review.
Attachments:
a - Watry Scope of Work
b - Rincon Consultants EIR Scope Of Work
Packet Pg. 53