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Chambers Group, Inc. A2015-214C keno With June 1, 2016 Priya Sivadas Chambers Group, Inc. 5 Hutton Centre Drive, Ste. 750 Santa Ana, CA 92707 RE: Extension of Termination Date for Agreement No. A2015-214 Golden Triangle Project Dear Ms. Sivadas: 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 On October 13, 2015, the City Council of the City of Chino Hills authorized execution of Agreement No. A2015-214 with Chambers Group, Inc. for Technical Studies for Golden Triangle Project. This letter serves as notification that the termination date has been extended until June 30, 2017. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Victor Viramontes at (909) 364-2743. Sincerely, Konradt Bartlam City Manager KB:cb cc: City Clerk's Office Finance Department Community Development Department 1.11 C4Com.' Art Bennett • Ed M. Graham • Ray Marquez • Cynthia Moran • Peter J. Rogers AGREEMENT NO. A2015- )-t`1 FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND CHAMBERS GROUP, INC. THIS AGREEMENT, made and entered into this 13th day of October, 2015, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and CHAMBERS GROUP, INC. hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re -do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on October 14, 2015. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be -1- under Consultants exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City, Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultants staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. -2- 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. Total compensation shall not exceed $ 88,894.00. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultants fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evacuation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on June 30, 2016, unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. - 5 - Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or - 6 - firm(s) and/or partnerships owning property in the Gity or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, Gity shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the negligent or wrongful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's sole negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or -8- damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general -9- aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per claim. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no -10- special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not -12- employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 20, ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the -13- prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 -14- Consultant. Attention: Priya Sivadas Chambers Group, Inc. 5 Hutton Centre Drive, Suite 750 Santa Ana, CA 92707 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 24. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Scope of Work B. Exhibit B: Compensation 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. -15- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CHAMBERS GROUP, INC. By r" Title VIC-Q €ro S By Title ar-th -16- CITY OF CHINO HILLS ATTEST: Cheryl Balz City Clerk APPROVED AS TO FORM: Mark t1. Hensley City Attorney ERS EXHIBIT A 62251 Michael Hofflinger, Associate Planner Community Development Department The City of Chino Hills 14000 City Center Drive Chino Hills, CA 91710 SUBJECT: THE GOLDEN TRIANGLE ENVIRONMENTAL REVIEW AND TECHNICAL STUDIES Dear Mr. Hofflinger, Chambers Group, Inc. (Chambers Group) appreciates the opportunity to submit our proposal to the City of Chino Hills (City) in response to the Request for Proposal (RFP) for the Golden Triangle Environmental Review and Technical Studies Project (proposed project). Chambers Group is experienced in providing environmental services to public agencies in multiple counties within southern California. In fact, in over 30 years as an environmental consulting firm, a Chambers Group document has never been successfully challenged. Our diverse team of environmental, urban, regional, and community planners (collectively referred to as "planners" herein) is able to accomplish projects within budget and the allotted schedule. This letter contains the scope of work proposed to conduct environmental review and technical studies for the project. Our proposed organization chart and resumes of key personnel are included in the attached Appendix. Chambers Group and our team of subconsultants proposes to evaluate potential environmental impacts associated with the proposed project consistent with the requirements presented in the RFP. The proposed project would be developed on an approximately 10.42 acre site located at the southwest corner of the Soquel Canyon Parkway off -ramp and State Route 71 (APN 1028-351-47) The proposed project would develop a 165,125-spuare foot mixed use commercial center consisting of the following components: • 72,000 -square foot three-story hotel with 120 rooms • 60,000 square -foot medical office with subterranean parking n 16,500 square -feet of retail © 16,625 square -feet of restaurants The proposed scope of work will consist of preparing technical studies and an Initial Study (15) for the proposed project to determine whether a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) will be the appropriate California Environmental Quality Act (CEQA) document for the project. Our scope of work and cost estimate assumes preparation of an MND. If the Initial Study determines that an EIR Is required, Chambers Group and the City will negotiate a new scope of work for the EIR at that time. SCOPE OF WORI< Chambers Group can commence work on this proposed project as soon as we receive written notice to proceed (NTP). We will accomplish the scope of work as described on the following pages. All work SAN EA ANA 10; ANGELES REDIJNDS SAN DIEGO EI, CEN LRO CORPORATE OFFICE 5 Hutton Centre Drive, Suite 750 I Santa Ana, California 92707 11949.261.5414 f l 666.261.3100 w I www..chambersgroupinc.com Michael Nofflinger Page 2 completed on the proposed project will be conducted consistent, with the requirements of Environmental Study Guidelines presented on the City's website. The tasks below outline our approach to completing an IS/MND and CEQA review process. Our scope of work includes the preparation of technical studies and an IS to determine the appropriate CEQA document. for the project (MND or EIR). Tasks required for the preparation of an MND are also included in our proposed scope of work. If the is determines that an EIR is required, Chambers Group will notify the City immediately and we will negotiate a scope of work for the EIR at that time. Task 1: Project Initiation Task 1.1: Initial Meeting and Data Acquisition After receiving the NTP, Chambers Group's Project Manager will meet with representatives from the City at a Project Initiation/Kick-Off Meeting to discuss the project history, project description, specific project issues, and CEQA schedule, as well as receive available project information. Our Project Manager will also survey the project site and the immediate surrounding area and make a photographic record to document the existing conditions. Following the review of existing data, any gaps in the data and recommendation for correcting the gaps would be discussed with the City. Chambers Group will work closely with the City to determine what additional data must be collected in support of the CEQA document being prepared. It is assumed that Chambers Group can use these documents in the analysis, of the project. Task 1.2: Project Description Chambers Group will develop a comprehensive description for the proposed project that will form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City. The project description will include a narrative and graphical presentation of the proposed project, including components, location and boundaries, regional and vicinity maps, and a statement of the project goals and objectives. Deliverables: la Chambers Group will submit one (1) electronic copy of the project description in Microsoft Word and PDF format for review and approval by the City. Task 2: Prepare Technical Studies and Initial Study Chambers Group and our team of subconsultants will prepare the technical reports described below under Tasks 2.1 thru 2.6. CHAMBERS 'iqw GROUP Michael Hofflinger Page 3 Task 2.1 Biological Resources Report Chambers Group will complete the following tasks in support of a Biological Resources Report documenting potential biological resources, impacts, and mitigation measures. Biology Preliminary Habitat Assessment Chambers Group's biologists have performed numerous surveys near the proposed project area. Based on a preliminary review, the proposed project site contains disturbed habitats. Disturbed habitats are those areas that are either devoid of vegetation (cleared or graded) or those areas that have a high percentage of non- native weedy species: The few scattered trees are adjacent to the site across from the San Bernardino County Flood Control Chanel. For this reason we are not proposing an arborist survey and report. Pre -Field Survey Investigations Chambers Group will conduct a literature review to determine if there are any records of listed and/or sensitive plant and wildlife species and communities occurring on or in the immediate vicinity of the proposed project site. This task will include a review of the California Natural Diversity Database and the California Native Plant Society's Electronic Inventory, and the National Wetlands Inventory maps. Field Survey After conducting the literature search, our biologists will conduct a reconnaissance -level survey of the project site. Chambers Group biologists will document the biological resources, both flora and fauna, on the proposed project site. The field survey will focus primarily on determining the potential presence of federal - and state -listed or otherwise sensitive plant and wildlife species and sensitive habitats. Plant communities on the project site will be surveyed and mapped. Photographs will be taken to document the current conditions of the project site and immediate vicinity. The biologists will also determine if any potential wetlands/waters of the United States subject to the jurisdiction of the U.S. Army Corps of Engineers (USACE) or any lakes or streambeds subject to the California Department of Fish and Wildlife (CDFW) jurisdiction are present on site. Potential jurisdiction under the Regional Water Quality Control Board (RWQCB) will also be assessed during the survey. Biological Resources Report After completing the field survey, Chambers Group will prepare a Biological Resources Report used to answer Appendix G of the CEQA guidelines. The report will: • Discuss the potential for sensitive species to occur within the site and the adjacent habitat. • Identify whether any areas on the site are potentially under USACE, RWQCB, and/or CDFW jurisdiction Summarize the results of the field survey and will include current photographs and maps documenting existing site conditions and the locations of any sensitive and listed species occurring, or potentially occurring at the site • Recommend required surveys that must be conducted prior to project approval, if needed Deliverables: • Chambers Group will submit a Draft Biological Resources Report for review and approval by the City in Microsoft Word and PDF format. It Is assumed one (1) complete set of comments will be received GROUP Michael Hofilinger Page 4 from the City and Chambers Group will incorporate these comments into ,a Final Biological Resources Report, which will be submitted in Microsoft Word and PDF format. Task 2.2: Cultural Resources Letter Report Chambers Group will evaluate the impact area associated with the proposed project and determine if there would be a substantial adverse change in the significance to cultural resources known or potentially present within the proposed project area. Per CEQA, cultural resources include historical resources, archaeological resources, human remains, and tribal cultural resources (TCRs). The following provides an overview ofthe cultural resources analysis required for the project. Historical and Archaeological Resources Chambers Group will conduct a records search and literature review with the California Historical Resources Information System (CHRIS) with the South Central Coastal Information Center located at California State University, Fullerton, which serves as a repository for records of resources within San Bernardino. County. The records search will include an inventory of historical and archaeological resources within the proposed project area and a 0.5 -mile radius surrounding the proposed project area. During the literature search, Chambers Group will identify any previous investigations that have been conducted within or near the proposed project area and review previous findings and completeness of these studies. This will include a review of historic maps through 1970 for potential archaeological and/or architectural resources. Additionally, the review will Include, but is not limited to the following: • California Point of Historical Interest (CPHI), • California Historical Landmarks (CHL), • California Register of Historical Resources (CRHR), n National Register of Historic Places (NRNP), rr State Historic Resources inventory (SKI), and • Project information on file with the City. The information gathered will be used to develop the baseline cultural resources sensitivity of the area and prepare a site reconnaissance visit of the proposed project area. The results of the literature review and reconnaissance site visit will be used in the analysis for historical and archaeological resources for the proposed project. It is assumed that no resources within the proposed project area (historical or archaeological) will be identified through research or site reconnaissance site visit, and therefore site inventory forms or evaluation recommendations will not be required. If resources are identified, then an augmentation would be requested and authorized prior to conducting site recordation and/or evaluations. Human Remains Chambers Group will submit a request to the California Native American Heritage Commission (NAHC) for a review for any Sacred Land Files (SLF) for the proposed project area and surrounding vicinity. The information obtained from the NAHC will include presence/absence data regarding any known tribal cultural resources previously reported within the project area or surrounding vicinity. Additionally, research regarding previous prehistoric and/or historic burials (human remains) will include a thorough review of historical maps (i.e., Sanborn Fire Insurance Maps, Government Land Office Plat Maps) including those listed in the above historical and archaeological resources literature review. The results of the NAHC SLF search, archival research, map review, and reconnaissance site survey listed in the above task will provide the baseline data necessary to assess' the potential for human remains within the proposed project area. This QQif-. 'dl‘� GROUP Michael Hofflinger Page5 correspondence and a list of NAHC suggested project -affiliated Tribal Groups and representatives will be forwarded to the City. Chambers Group assumes that the City will be sending individual letters to the NAHC suggested project - affiliated Tribal Groups and representatives for Assembly Bill 52 (AB 52) consultation.However, should the City require support with this, and optional task (Task 5; Tribal Cultural Resources and Consultation [AB 52]) has been Included in this scope of work. Tribal Cultural Resources Chambers Group will integrate the results of CEQA AB 52 TCRS and consultation into the IS/MND to be prepared under Task 3.0. It is assumed that the City will take the lead on addressing CEQA AB 52 requirements as it pertains to Native American Consultation and TCRs and provide the information to Chambers Group for inclusion. If needed, Chambers Group is prepared to support the City with AB 52 TCRs and consultation and has provided an optional task (Task 5! Tribal Cultural Resources and Consultation [AB 52)) should this be required by the City. Cultural Resources Pedestrian Survey Chambers Group will complete a cultural resources pedestrian survey of the proposed project area of potential effect (an estimated 10.42 acres total). The cultural resources survey will identify sites that have previously not been documented through past survey efforts, and which would not therefore be found in the record search of the project area. Additionally, the survey will attempt to relocate any previously identified resources and update these resources, as needed. The survey will be conducted in accordance with Secretary of the Interior's Standards and Guidelines for Archaeological and Historic Preservation (48 FR 44716, Sept. 29, 1983). All work will be conducted under individuals that meet or exceed the Secretary of Interior's qualification standards for archaeology and architectural history. It is assumed that no resources will be identified. If resources are identified, then an augmentation would be requested, Cultural Resources Letter Report A Cultural Resources Letter Report will be prepared according to City guidelines and California State Historic Preservation Office (SHPO) guidelines and will describe the records search and literature review; methods used; the results of the survey for historical and archaeological resources; and if applicable, CRHR eligibility recommendations; mitigation measures; and/or other management recommendations. The task also will include the incorporation of any recommended mitigation measures as needed into the IS/MND. It is assumed that the report will be negative findings. This task assumes that no eligible or listed historical resources will be identified in the records search or pedestrian survey. CHAMBERS GROUP Michael 1-lofflinger Page 6 Deliverables: Chambers Group will submit a Draft Cultural Resources Letter Report for review and approval by the City in Microsoft Word and PDF format. It is assumed one (1) complete set of comments will be received from the City and Chambers Group will incorporate these comments into a Final Cultural Resources Letter Report, which will be submitted in Microsoft Word and PDF format. Task 2.3: Paleontological Resources Findings Report Through careful preliminary review of geologic maps of the proposed project area, it is has been determined that possible fossil -bearing Pleistocene deposits likely underlie the disturbed fill soil that is present at the site. Chambers Group will complete the following tasks in support of a Paleontological Resources Findings Report documenting potential paleontological resources; impacts, and mitigation measures. Paleontological Resources Records Search and Literature Review Due to the geologic sensitivity of the project area and the proposed construction activities associated with building the underground parking facilities, it is necessary to conduct a paleontological resources records search and literature review. A paleontological literature review will include a review of geological maps covering the project footprint to determine the fossil -bearing rock units underlying the study area, and archival search the San Bernardino County Natural History Museum for additional information on any previously recorded fossil sites. According to the Final Technical Report prepared for the U.S. Geological Survey National Earthquake Hazards Reduction Program, entitled "Paleoseismic and Structural Investigations to Determine Late Slip Rate for the Chino Fault, Southeastern Los Angeles Basin, California," the City exists within underlying deposits of Pleistocene geologic formation, which have been found to contain numerous terrestrial fossil localities in the region. The purpose of the records search and literature review is to identify all; previously recorded paleontological resources within the proposed project area, and to provide a general understanding of the paleontological sensitivity of the area for discovering significant fossil resources prior to survey activities. A review of geological and paleontological resource sensitivity maps and project databases will be performed. This record search will include the proposed project area plus a 0.5 -mile buffer surrounding the project site. The reconnaissance site visit described above will be conducted by a qualified, cross -trained archaeological and paleontological specialist to save cost and time with this task: It is assumed that no paleontological resources have been previously recorded or will be identified within the project area. If resources are identified, then an; augmentation would be requested. Due to the presence of disturbed fill soil on the surface of the project area, a pedestrian paleontological resources survey of the project area would not provide valuable information. However, a summary of the records searches and literature reviews is necessary. The results of the records searches and literature reviews will be synthesized into a stand-alone Paleontological Resources Findings Letter Report. The letter report will discuss methods, results of survey, evaluation of paleontological sensitivity of the proposed project area, and any further management recommendations. The task also will include the incorporation of any recommended mitigation measures as needed into the IS/MND. It is assumed that no more than one (1) set of comments that will require incorporation into the final draft of the report will be received from the City. CHAMBERS 1\ GROUP Deliverables: Michael Hofflinger Pagel Chambers Group will submit a Draft Paleontological Resources Findings Letter Report for review and approval by the City in Microsoft Word and PDF format. It is assumed one complete set of comments will be received from the City and Chambers Group will incorporate these comments into a Final Paleontological Resources Findings Letter Report, which will be submitted in Microsoft Word and PDF format. Task 2;4: Traffic Impact Analysis Subconsultant Transpo Group will prepare a Traffic Impact Analysis (TIA) consistent with the requirements of the City of Chino Hill's Traffic Report Guidelines, the requirements of the City (where applicable), Caltrans (where applicable), and CEQA. Per the RFP, the following intersections (with jurisdictions noted) will be counted and analyzed for the weekday a.m. and p.m. peak hours in the TIA: 1. State Route (SR) -71 southbound ramp/Chino Hills Parkway (Chino HillsJCaltrans) 2. SR -71 northbound ramp/Chino Hills Parkway (Chino Hills/Caltrans) 3. Ramona Avenue/Chino Hills Parkway (Chino Hills/Chino) 4. Monte Vista Avenue (south)/Chino Hills Parkway (Chino Hills/Chino) 5. Monte Vista Avenue (north)/Chino Hills Parkway (Chino Hills/Chino) 6. Central Avenue/Chino Hills Parkway (Chino) 7. SR -71 northbound ramps/Ramona Avenue (Chino Hills/Caltrans) 8. SR -71 southbound ramps/Ramona Avenue (Chino Hills/Caltrans) 9. El Prado Road/Central Avenue (Chino) 10. Fairfield Ranch Road/Central Avenue (Chino Hills) 11, SR -71 northbound ramps/Soquel Canyon Road (Chino Hills/Caltrans) 12. SR -71 southbound ramps/Soquel Canyon Road (Chino Hills/Caltrans) 13. Pomona Rincon Road/Soquel Canyon Parkway (Chino Hills) 14. Butterfield Ranch Road/Soquel Canyon Parkway (Chino Hills) 15. Butterfield Ranch Road/Picasso Drive (Chino Hills) 16. Butterfield Ranch Road/Pine Avenue (Chino Hills) Traffic counts will be collected on a typical weekday while the adjacent schools (Chino Hills High School and Chaparral Elementary School) are in regular session. Based on review of the San Bernardino County Congestion Management Program (SANBAG CMP, 2007 Update), the 165,125 square foot mixed-use center (with retail, restaurant, medical office, and hotel uses) would likely meet the requirement to prepare a CMP TIA as it would generate 50 or more two-way peak hour trips to a CMP intersections and/or 100 or more two-way peak hour trips to a freeway mainline segment. Therefore, the appropriate SANBAG TIA guidelines will be incorporated into the TIA. Transpo Group will prepare the TIA for incorporation into the proposed project's environmental document to determine the impacts of the proposed project in terms of levels of service, accessibility and efficiency, and safety. The proposed analysis scenarios would include the following: AWMERS GROUP Michael Hofflinger Page 8 1. Existing Condition; 2. Existing plus Project; 3. Existing plus Project with Mitigation (if required) 4. Opening Year Baseline condition corresponding to the "opening year" of the proposed project, including ambient traffic growth and traffic from adjacent cumulative (approved/pending) projects; and 5. Opening Year plus Project. 6. Opening Year plus Project with Mitigation (if required) 7. Horizon Year (Long -Term) condition corresponding to the General Plan buildout of the City. 8. Horizon Year (Long -Term) plus Project 9. Horizon Year (Long -Term) plus Project with Mitigation (if required) Transpo Group will prepare a description of the existing circulation system of the study area and other affected City and state (Caltrans) facilities surrounding the project site and provide an assessment of the current intersection operations. Trip generation estimates for the proposed project will be based on trip rates from the Institute of Transportation Engineers (ITE), Trip Generation, 9th Edition. The TIA will determine the amount of vehicles entering and exiting the site during a typical weekday. The trip distribution patterns for the proposed project will be based on logicalcommute travel corridors for the project's land uses and submitted for review by City staff. Forecast traffic volumes for future traffic conditions will be based on the application of ambient growth per the SANBAG travel demand model to the existing (2015) traffic volumes, plus the addition of traffic from approved and pending projects in the studyarea. The project site plan will be reviewed with respect to on-site circulation, access and egress: The site plan will also be evaluated for conformity with local standards, emergency vehicle access, and on-site circulation. A qualitative bicycle and pedestrian impact analysis will be included in the TIA that will focus on safety, access, amenities, and consistency with any existing City policies. In addition, the TIA will include a brief discussion of SB743 and its relation to the proposed project, along with a qualitative analysis. Intersection analysis and impact threshold determination will be performed according to the appropriate City and Caltrans guidelines. For any impact found to be significant, Transpo Group will determine the appropriate and feasible mitigation measures, and will also report the traffic contribution percentage from the proposed project. The thresholds to be used for significance criteria: will be consistent with City and Caltrans guidelines, where appropriate. CHAMBERS GROUP Michael Hofflinger Page 9 Deliverables: • Transpo Group will submit a Draft TIA for review and approval by the City in Microsoft Word and PDF format. It is assumed one(1) complete set of comments will be received from the City and Transpo Group will incorporate: these comments into a Final T)A, which will be submitted in Microsoft Word and PDF format Task 2.5: Air Quality and Greenhouse Gases Impact Analysis Letter Report Subconsultant Vista Environmental will prepare an Air Quality and Greenhouse Gases (GHG) Emissions Analysis Letter Report for the proposed project. Vista Environmental will identify the existing air quality setting in the area, as well as applicable international, federal, state, and SCAQMD's rules and regulations including the State GHG regulations ABs 32 and 1493, Senate Bills (SBs) 32, 97, 107, 375, 527, 1368, and 1771, and Executive Orders 5-3-05 and 5-14-08 and the applicable policies provided in the Chino Hills General Plan. Vista Environmental will also identify thresholds of significance for the criteria pollutants, GHGs, and TACs. Vista Environmental will obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources: Data will be obtained for air pollutants, including ozone, nitrogen dioxide (NO2), PM10, and PM2.5, as well; as GHGs and their associated impacts to global climate change. Vista Environmental will analyze potential impacts related to air quality and GHG based on the following tasks: Provide a project consistency analysis with the Air Quality Management Plan (AQMP). The consistency analysis will determine if the project will contribute to air quality violations and if it will comply with AQMP control measures. Evaluate and quantify regional criteria pollutant and GHG emissions associated with each phase of construction activities for the proposed project utilizing the CaIEEMod Model. If significant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified. • Evaluate local NOx, CO, PM10, and PM2,5 emissions associated with each phase of construction activities for the proposed project at the nearest offsite sensitive receptors utilizing the SCAQMD Look -Up Tables and the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008. • Evaluate and quantify regional criteria pollutant and GHG emissions associated with the operations of the proposed project utilizing the CaIEEMod Model. If significant emission levels are found to be created from operational activities, feasible mitigation will be developed and quantified. • Prepare a qualitative CO hotspot analysis of the study area intersections that details the current attainment status of CO in the Air Basin as well as research performed by the SCAQMD that analyzed the four busiest intersections in the Air Basin and found less than significant local CO hotspot concentrations, in order to make a finding of less than significant for the proposed project. CHAMBE GROUP Michael Hofflinger Page 10 • Provide a qualitative odor analysis from the ongoing operations of the proposed project. • Provide a qualitative HRA of the cancer risk associated with diesel emissions in the project vicinity from the ongoing operation of the proposed project. The HRA will detail the distances from the project site to the nearest sensitive receptors, the limited number of truck trips that the proposed project would generate and utilize the screening distances provided by Health Risk Assessments for Proposed Land Use Projects, prepared by CAPCOA, July 2009, to make a determination of a less than significant impact. Compare the operational GIG emissions to all applicable GHG emissions thresholds including AB 32, SB 375, SCAQMD's draft GHG emissions thresholds. If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions to less than significant. Vista Environmental will document the results on the impact analysis in an Air Quality: and GHG Emissions Analysis Letter Report. The report will summarize the results of the impact analysis described above: Deliverables: 13 Vista Environmental will submit a Draft Air Quality and GHG Emissions Analysis Letter Report for review and approval by the City in Microsoft Word and PDF format. It is assumed one (1) complete set of comments will be received from the City and Vista Environmental will incorporate these comments into a Final Air Quality and GHG Emissions Analysis Letter Report, which will be submitted in Microsoft Word and PDF format. Task 2.6: Noise and Vibration Impact Analysis Letter Report Subconsultant Vista Environmental will prepare Noise and Vibration Impact Analysis Letter Report for the proposed project. Vista Environmental will identify nearby transportation -related noise sources such as SR - 71 and aircraft noise (if any) to the project site and identify applicable noise and vibration regulations and thresholds of significance. Vista Environmental will evaluate the existing noise environment and obtain four (4) long-term (approximately 24 hours) noise measurements in order to determine the existing ambient noise conditions on the proposed locations of the medical building and hotel and at the nearby sensitive receptors, including Chino Hills High School and the nearby homes. Vista Environmental will analyze potential impacts related to noise and vibration based on the following tasks: • Utilize the Federal Highway Administration's (FHWA's) Roadway Construction Noise Model (RCNM) Version 1.1 to analyze potential noise impacts associated with demolition and construction activities. Compare the results to the City's noise standards, and if necessary, identify measures to minimize the noise impacts to the nearby sensitive receptors. b Analyze potential vibration impacts associated with construction activities through application of the methodology used in the Transportation- and Construction -Induced Vibration Guidance Manual (Vibration Guidance Manual), prepared for Caltrans. CHAMBERS `Mtge GROUP Michael Hofflinger Page 11 Utilize a version of the FHWA RD -77-108 noise prediction model to calculate the existing and future offsite traffic noise contours at up to eight (8) roadway segments, Vista Environmental' will use the roadway traffic data provided in the Traffic Study prepared for the proposed project. Calculate the future project exterior traffic noise contributions by comparing the pre -project and post -project noise contours on the study area roadways and compare the results with the City noise standards. • Utilize reference noise measurements of typical noise sources that would occur on commercial centers, such as HVAC equipment, truck loading operations, trash compactors, and drive through speakers. Utilize standard noise attenuation drop-off rates to calculate the noise impacts from each noise source at the nearest sensitive receptor. • Utilize a version of the FHWA noise prediction model to calculate the onsite noise levels at the exterior of each floor of the proposed medical office building and hotel at the nearest points to SR - 71 and Soquel Canyon Parkway. Utilize the calculated noise levels at the facades of each floor of the proposed medical center and standard exterior to interior attenuation rates to determine the interior noise levels of the proposed medical center. Compare the calculated interior noise levels with the City of Chino Hills interior noise standards and, if necessary, provide mitigation to reduce the interior area noise levels to within the City standards. • Analyze potential vibration impacts to the proposed medical center from trucks operating on SR -71 and Soquel Canyon Road through application of the methodology used in the Vibration Guidance Manual, prepared for Caltrans. Vista Environmental will prepare a Noise and Vibration Impact Analysis Letter Report documenting the results of the study. The report will summarize the results of the impact analysis described above. Deliverables: N Vista Environmental will submit a Noise and Vibration Impact Analysis Letter Report for review and. approval by the City in Microsoft Word and PDF format. It is assumed one complete set of comments will be received from the City and Vista Environmental will incorporate these comments into a Final Air Quality and GHG Emissions Analysis Report, which will be submitted in Microsoft Word and PDF format. Michael Hofflinger Page 12 Task 3: Initial Studv/Mitigated Negative Declaration Task 3.1: Prepare Administrative Draft IS/MND Chambers Group shall prepare an IS Checklist to determine the appropriate CEQA documentation for this project. The format shall be based on the most current CEQA Guidelines and checklist per the Office of Planning and Research (OPR). The environmental factors that would be analyzed in the Draft I5 Checklist include: • Aesthetics a Agricultural Resources a Air Quality o Biological Resources Cultural Resources • Geology and Soils Greenhouse Gas Emissions ▪ Hazards and Hazardous Materials a Hydrology and Water Quality aLand Use and Planning Mandatory Findings of Significance Mineral Resources Noise Population and Housing Public Services • Recreation • Transportation and Traffic a. Utilities and Service Systems The results of the 15 will be used by Chambers Group to make a recommendation in the decision as to the appropriate environmental documentation to prepare for the project. It is anticipated for this scope of work that this recommendation will be an MND. If one or more significant impacts are identified during the 15 process, CEQA allows the preparation of an MND when those impacts can be mitigated to a less than significant level. The following is a list of the required contents of a MND: A,brief description of the project; • The location of the project (preferably shown on a map); The name of the project proponent; a A finding that the project will not have a significant effect on the environment; ▪ Mitigation measures included in the project to avoid potentially significant effects; and • A copy of the IS. For each CEQA environmental checklist discipline item, the existing. environmental setting of the project site and surroundings will be characterized from the existing literature base and a site visit by an environmental analyst. An environmental impacts analysis will be prepared for each checklist entry. Based on CEQA defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. Deliverables: a Chambers Group will submit five (5) bound copies of the Administrative Draft IS/MND with technical studies for review and approval by the City. Chambers Group will also provide the City with electronic copies of the Administrative Draft IS/MND in Microsoft Word and PDF format. It is assumed one, (1) complete set of comments will be received from the City and Chambers Group will incorporate these comments into the Draft iS/MND to be circulated for public review under Task 3.2. CHAMBERS "/dle' GROUP Michael 1 lofflinger Page 13 Task 3.2: Prepare Draft IS/MND for Public Circulation After receipt of one (1) set of integrated comments on the Administrative Draft IS/MND from the City, Chambers Group will revise the IS/MND accordingly.' Chambers Group will prepare 21 copies of the Draft IS/MND to the City, State Clearinghouse, and affected public agencies. Chambers Group will prepare and file a Notice of Intent (1\101) to adopt an IS/MND with the OPR and the County Clerk. Chambers Group will distribute copies of the NOI to affected public agencies and to the mailing list provided by the City. Deliverables: Chambers Group will provide 21 bound copies of the Draft IS/MND with technical studies for public circulation to the City. Chambers Group will also provide the City with 15 CD copies and an electronic copy of the Draft IS/MND: in Microsoft Word and PDF format. Task 3.3: Prepare Final IS/MND with Response to Comments Chambers Group will prepare a Final IS/MND based on the following tasks: Response to Comments: Based upon comments received from public review, responses to the comments will be prepared. For the purposes of this proposal, up to 25 comments on the IS/MND are assumed, with responses requiring minimal further investigation or studies. A draft of these responses will be provided to the City. Final IS/MND: Upon receipt of one (1) complete set of comments from the City on the draft response to comments, Chambers Group will prepare a Final IS/MND. Chambers Group will revise the text of the Draft IS/MND based on the approved response to comments. The Final IS/MND will include the approved response to comments and an approved Mitigation Monitoring and Reporting Program. The Final IS/MND to be used by the City when considering approval of the project. Prepare Mitigation Monitoring and Reporting Plan: Following preparation of the MND, Chambers Group will prepare a Draft Mitigation Monitoring and Reporting Plan (MMRP) as required by CEQA for review by the City. The Final MMRP incorporating the City's comments will' be incorporated into the Final MND. Notice of Determination: The Notice of Determination (NOD) is filed following the City's decision to carry out or approve the project for which the MND has been prepared. Chambers Group will prepare the NOD and will file the NOD with the State Clearinghouse and the County Clerk. Chambers Group will also file and process a Request for No Effect with the California Department of Fish and Wildlife (CDFW). However, the City will be responsible for CDFW filing fees, if necessary. CH/AMBERS GROUP Michael Hofflinger Page 14 Deliverables: • Chambers Group will provide five (5) bound copies of the Final IS/MND with technical studies to the City. Chambers Group will also provide the City with five (5) -CD copies and an electronic copy of the Draft IS/MND in Microsoft Word and PDF format. Task 4.0: Meetings/Public Hearings It is anticipated that the following meetings would occur with implementation of the CEQA scope of work: one (1) project initiation meeting, two (2) progress meetings, one (1) community meeting, and three (3) public hearing meetings. Representative(s) from Chambers Group will attend the following meetings as needed in addition to the project initiation meeting described above: two (2) progress meetings, one (1) community meeting, and three (3) public hearing meetings. Task 5.0: Quality Control Review of IS/MND and Technical Reports Chambers Group staff will conduct.a thorough review of the IS/MND and supporting technical studies to ensure internal consistency and consistent style and presentation between documents. Chambers Group project manager will review all technical reports for quality and internal consistency, and ensure that quality and consistency are maintained as the results of the technical studies are incorporated into the IS/MND. Chambers Group Managing Environmental Planner will conduct final review of the IS/MND for quality and consistency between internal documents prior to submittal to the City. Task 6.0: Tribal Cultural Resources and Consultation(AB 52) CEQA documents published after July 1, 2015 are required to comply with AB 52. AB 52 amends CEQA and requires agencies to make an effort to identify TCRs, analyze potential project impacts on TCRs, and complete Tribal Consultation, including agreement on mitigation measures, prior to the release of draft environmental documents to the public. Once contacted by the City, or by Chambers Group as requested, each Tribe is required to request consultation within 30 days. If no request for consultation is made, the City's requirements under AB 52 have been completed. In summary, Tribal Cultural Resources are defined as either: 1. Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the CRHR or a local historic register or 2. Resources which the lead agency, at its discretion and supported by substantial evidence, chooses to treat as a TCR. The City's responsibilities under AB 52 may be summarized as follows: • Provide notification of the proposed project to appropriate Native American Tribes; • Analysis of impacts to TCRs, acknowledging their differences from archeological resources; and If requested, consult with Native Americans regarding identification of and impacts to TCRs, and, if required, mitigation measures to lesson impacts to TCRs, The City's requirements under AB 52 will be considered complete when one of three scenarios is met: CHAMBER GROUP Michael I-Iofflinger Page 15 1. After 30 days from receipt of letters requesting consultation, no requests have been received; 2. Consultation yields agreement on mitigation measures for impacts to TCRs or 3. After good faith, reasonable efforts at consultation, an agreement with Tribes cannot be met. Chambers Group's team is available to support the City with this new AB 52 Tribal Cultural Resource and Consultation as needed. The following methods presented here will satisfy the City's obligations in this regard. Chambers Group will coordinate with the City to finalize the list of Tribes affiliated with the proposed project area. The list of Tribes will include those provided by the NAHC from the SLF search conducted above regarding "human remains" and include any additional Tribal representatives that the City may have on file. Following, the City's approval of the list of Tribes, Chambers Group will draft letters for the City to each of the NAHC/City Native American contacts identified on City letterhead. The draft letters will be provided to the City for review and approval prior to transmission. The letters will include project background, location, and point of contact with the City, and a statement that notifies that the Tribe has 30 days to request consultation on the project. It is assumed that no more than ten (10) letters will be drafted and that no more than one (1) Native American Tribe will request consultation with regards to the proposed project. Because of the overall disturbance of the proposed project area, Chambers Group archaeologist, do not anticipate any TCRs to be identified through the NAHC SLF search or tribal consultation. However, if consultation is requested, it is assumed that the Tribe would request standard mitigation measures (e.g., Native American monitoring). Therefore, we anticipate that one meeting will be required to complete consultation. To assist the City with the Tribal Consultation, Chambers Group will provide one (1) Project Manager and one (1) Cultural Resources Project Lead to attend one (1) one-hour meeting with City staff and Tribal representatives. It is assumed that the City will provide the meeting facility and will coordinate invitations to all parties with a decided meeting date and time. Additional meetings or participation by additional staff would be provided separately from this scope on a time -and -materials basis. Throughout the consultation process, Chambers Group will facilitate with tracking required milestones to ensure the City has documented all attempts to provide the respective Tribe with an opportunity to consult with the City on the proposed project and participate in the CEQA Cultural Resources analysis, as it pertains to AB 52. The agreed upon measures or alternate approach taken by the City resulting from this consultation will be documented in the IS/MND. If the Tribe identifies any information regarding the identification of TCRs, analysis of impacts to TCRs, and resulting mitigation measures as confidential, this information will be excluded from the IS/MND, and documented accordingly. Should further support from Chamber Group's team be required with the Native American consultation in the form of additional meetings, minutes, development of non-standard mitigation measures, or additional site visits, an augmentation to the scope and cost may be required. Deliverables: Chambers Group will provide the City with meeting notes, consultation matrix, and any milestones documentation. CHJAMB GROUP Michael Nofflinger Page 16 SCHEDULE The table below presents the estimated schedule to complete the proposed project. Chambers Group will begin work on these tasks consistent with the estimated schedule below as soon as we receive a written NTP. Prepare Technical Studies 5 Weeks Prepare Administrative Draft IS/MND 1 Weeks City Review Administrative Draft IS/MND 1 Weeks Finalize DraftIS/MND 1 Weeks Public Circulation of Draft IS/MND 3 Weeks. Prepare Response to Comments 2 Weeks City Review Response to Comments 1 Weeks Finalize Response to Comments and Prepare Administrative Final IS/MND 2 Weeks City' Review Final IS/MND 1 Weeks Prepare Final IS/MND 1 Weeks Total 19 Weeks CHAMB RS r -"W GROUP COSTS EXHIBIT B Michael fioffinger Page 17 The services described in each task will be performed on a lump sum fee basis. The costs to complete the scope of work described above, which includes an 15 and MND, is $88,894, as shown below. This includes the cost to complete technical environmental technical studies and an 15, and to process an MND, including all required CEQA notices and mailings. If the IS determines that an EIR is required, Chambers Group and the City will negotiate a scope and fee for the EIR at that time. The cost to prepare an EIR would depend an which issues are determined to have potentially significant impacts and require further analysis in the EIR. Task 1.1: Initial Meeting and Data Acquisition $1,474.00 Task 1.2: Project Description 51,420.00 Task 2.1: Biological Resources Report 54,159.00 Task 22: Cultural Resources Letter Report 55,715.00 Task2.3: Paleontological Resources Findings Report 52,027.00 Task 2.4: Traffic Impact Analysis 523,000.00 Task 2.5: Air Quality and Greenhouse Gases Impact Study $3,680.00 Task 2.6: Noise and Acoustic Study 54,600.00 Task 3.1: Prepare Administrative Draft MND 516,543.00 Task 3.2: Prepare and Circulate Draft MND $5,113.00 Task 3.3: Prepare Final MND with Response to Comments 511,243.00 Task4.0: Meetings/Public Hearings $5,622.00 Task 5.0: Quality Control Review of IS/MND and Technical Reports 52,435.00 Task 6.0: Tribal Cultural Resources and Consultation (AB 52) $1,863.00 TOTAL $88,894.00 CHAMBERS my,' GROUP