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Willdan Engineering A2015-086r/� C4 ULZO -11A June 6, 2017 Willdan Engineering Attn: Dean Sherer 13191 Crossroads Parkway, Suite 405 Industry, CA 91746 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 RE: Extension of Termination Date for Agreement A2015-086 Initial Study & Related Technical Studies for the Santa Barbara Project Dear Mr. Sherer, On June 6, 2017 the City Manager of the City of Chino Hills authorized execution of Agreement No. A2015-086, with Willdan Engineering for the initial study and related technical studies for the Santa Barbara Project. This letter serves as notification that the termination date has been extended until June 30, 2018. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Ryan Gackstetter at (909) 364-2749. Sincerely, Konradt Bartlam City Manager KB:cb cc: City Clerk's Office Finance Department Community Development Department C4eawd.- Art Bennett • Ed M. Graham ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers et& od etno �✓�P2� June 1, 2016 Dean C. Sherer Willdan Engineering 13191 Crossroads Parkway, Suite 405 Industry, CA 91746 RE: Extension of Termination Date for Agreement No. A15-86 Santa Barbara Project Dear Mr. Sherer: 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 www. /• /.// On March 25, 2015, the City Council of the City of Chino Hills authorized execution of Agreement No. A15-86 with Willdan Engineering to prepare an Initial Study/Mitigated Negative Declaration for the Santa Barbara 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 CCOUlled.' Art Bennett Ed M. Graham a Ray Marquez a Cynthia Moran Peter J. Rogers AGREEMENT NO. A15 -e% FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND WILLDAN ENGINEERING THIS AGREEMENT, made and entered into this 24th day of March, 2015, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and WILLDAN ENGINEERING 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 March 25, 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 Consultant's 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 Consultant's 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. CONSULTANTS 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 Consultant's 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 $ 76,393.00. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's 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 -3- in sufficient detail to permit an evaluation 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, 2015, 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, -4- 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 City 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, City 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, -7- 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 lndemnitees 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 performance or failure to perform by Consultant of Consultant's services under thiiagreement to the extent resulting from the negligent or willful 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 lndemnitees 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. -8- 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 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. 1187) 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. -9- (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 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 and $2,000,000 annual aggregate. 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 canceled by the insurer or either party to this Agreement, except after 30 days' prior written notice by Certified first-class mail, postage prepaid, has been given to the City. Ten (10) days notice shall be given if cancellation is due to nonpayment of premium. -10- (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 special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultants 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, -11- 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 -12- 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 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 -13- 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 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. -19- 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 Postai Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: Dean C. Sharer Willdan Engineering 13191 Crossroads Parkway, Suite 405 Industry, CA 91746 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 -15- 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WILLDAN ENGINEERING By .ea,t. (. J Titled irezkar CITY OF CHINO HILLS By Cynthi oran, Mayor APPROVED AS TO FORM: -16-- Marg D. Hensley City Attorney EXHIBIT A SCOPE OF WORK AND SCHEDULE Scope of Work Willdan will prepare a Draft Initial Study that will identify and analyze the potentially significant environmental impacts that could result from the project. Based on the conclusions of the Initial Study, Willdan will recommend completion of a Negative/Mitigated Negative Declaration (ND/MND) for the project or preparation of a focused Environmental Impact Report (EIR). In addition to identifying the required Initial Study tasks, our proposal includes the tasks that would be required to adopt an ND/MND for the project, should the Initial Study reveal that an ND/MND is the appropriate CEQA document for the project. For clarification, it is important to note that Willdan makes no presumptions regarding the appropriate CEQA document for the proposed project since such a determination/recommendation cannot be appropriately made until the Initial Study is completed. It may ultimately be determined that, based on analyses and conclusions in the Initial Study Checklist, that an Environmental Impact Report should be prepared. Willdan will work with the City to modify the Scope of Services to prepare such a document if it is deemed necessary to adequately address the environmental impacts of the project. Tasks Task 1 • Project Kick-off Meeting and Site Visit Willdan will meet with City staff to kick off the project and will conduct a site visit to document existing conditions. Task 2 • Preparation and Review of Technical Studies Willdan proposes to have several technical analyses prepared for the project based on our review of project materials, the content of the City's Request for Proposals, and input we have received from the City. The findings of the technical analyses will be incorporated into the Initial Study, and the full technical studies will be included as appendices to the environmental document. The following special studies and analysis will be prepared by technical experts to be used as the basis for the associated environmental determinations in the Initial Study: 2.1 Air Quality Study by Mestre Greve Associates 2.2 Greenhouse Gas Assessment by Mestre Greve Associates 2.3 Noise Assessment by Mestre Greve Associates 2.4 Traffic Impact Analysis by Willdan Engineering 2.5 Biological Resources Study by UltraSystems 2.6 Cultural Resources Study by Greenwood and Associates and Paleontological Resources Assessment by Paleo Environmental Associates, Inc. (PEAI) The scope for each of these technical studies is described below: Task 2.1 - Air Quality Study The air quality assessment will be prepared by Mestre Greve Associates and will assess both operational and construction impacts. Both local and potential regional air quality impacts will be addressed. Existing Air Environment. The existing air environment will be described in terms of meteorology, local topography affecting pollutant dispersion, and ambient air monitoring data. A summary of current air management efforts that may be related to the proposed project will be provided with particular emphasis on the applicable requirements of the 2012 AQMP, and the requirements for air quality assessments identified in the SCAQMD's CEQA Handbook. Sensitive receptor areas within the project vicinity will be identified. Potential Impacts, The air quality impacts of the proposed project can be divided into the short-term construction impacts, both local and regional, and long-term regional air pollution increases. Short-term dust and emission generation due to construction activities will be forecasted using the California Emissions Estimator Model (CaIEEMod) model. If provided by the project applicant, detailed estimates of the potential equipment to be utilized will be used to develop these forecasts. Otherwise, estimates of construction activities based on the CaIEEMod default values will be utilized. The air pollutant emissions during construction will be compared to both the SCAQMD Regional and Local Significance Thresholds. Both regional and local air impacts due to construction will be evaluated. Long-term emissions will be generated due to increased traffic and the combustion of natural gas for heating the project. The emissions generated by these sources will be assessed and compared to both the SCAQMD Regional Thresholds. Mitigation Measures. Measures will be developed to reduce significant air quality impacts to the extent possible for any significant impacts Identified. Task 2.2 • Greenhouse Gas Assessment The Greenhouse Gas Assessment will be prepared by Mestre Greve Associates. The assessment of potential greenhouse gas and climate change impacts Is an emerging CEQA topic that Is quickly evolving. Mestre Greve Associates are following the generally accepted analysis methodologies and significance thresholds and will apply the most current standards to the proposed project. Existing Environment. Recently, the CEQA Guidelines and the initial study checklist were amended to address the assessment of greenhouse gas impacts, and our analysis will be consistent with the Guidelines. However, the Guidelines do not contain any specific significance thresholds. On December 5, 2005, the SCAQMD Governing Board adopted an interim greenhouse gas significance threshold for projects where the SCAQMD is lead agency. The adopted threshold uses a tiered approach for determining significance with the most applicable tier being 10,000 metric tons per year emissions screening threshold. The guidance document prepared for the interim threshold also discussed using the threshold for commercial and residential projects. However, there was uncertainty as to the proper screening threshold to be used for these projects, and therefore, the SCAQMD Board did not adopt a threshold for commercial and residential projects. The SCAQMD GHG CEQA Significance Threshold Working Group has been considering appropriate screening thresholds for these types of projects. However, the emissions screening threshold established for the purpose of our analysis of this project will be developed through consultation with City Staff. Potential Impacts. Many gases make up the group of pollutants that are believed to contribute to the greenhouse effect and are defined in CEQA Guidelines 15364.5. The CatEEMod model will be used to project the primary GHG emissions from construction activities, vehicular usage, water consumption, solid waste generation and other operational activities. Electrical generation and natural gas combustion emissions will be included in the operational emissions. Mitigation Measures. Mitigation measures will be developed if necessary. If impacts are identified, lead agencies must consider feasible means of mitigating the significant effects of GHGs based on "substantial evidence and subject to monitoring or reporting." Mitigation measures may include: (1) mitigation measures in an adopted plan, (2) reductions resulting from project implementation including measures identified in Appendix F of the CEQA Guidelines, (3) off-site measures including carbon offsets, community energy conservation projects, and forestry projects, (4) greenhouse gas sequestration, and (5) development of measures that can be implemented at the project level. We anticipate that the projected emissions will be below the thresholds and no mitigation measures will be needed. Task 23 — Noise Assessment Existing Environment. Mestre Greve Associates will conduct ambient noise measurements near the project site. Of particular concem are the residential areas near the project. An additional concern is the noise from the adjacent high school. The measurements will be conducted at four locations. Noise measurements will be made during the daytime. The FHWA highway noise model ("FHWA Highway Traffic Noise Prediction Model,' FHWA-RD-77-108) will be used in conjunction with the noise measurements to describe existing noise levels in the project vicinity. Community noise standards relevant to this project are contained in the City of Chino Hills Noise Element and Noise Ordinance. Standards for the jurisdiction will be summarized and their relevance to the project discussed. Potential Impacts. The potential noise impacts can be divided into short-term construction noise, long-term impacts on surrounding land uses, and long-term on-site impacts. Construction noise will need to be addressed. Noise levels generated by construction activities will be estimated at nearby sensitive receptors. Construction will occur close to existing residential uses and to the Chino Hills High School. Standard construction equipment noise levels will be used to project the noise levels that will occur at the nearby residential uses, and these levels will be compared to the requirements contained in the City's Noise Ordinance as well as existing ambient conditions. Mitigation measures such as temporary sound walls will be considered, if necessary. Mestre Greve will also determine long-term noise impacts due to the project -generated traffic. The noise impacts associated with the project's traffic on adjacent land uses will be assessed in terms of the CNEL noise scale. The increase in noise levels due to the project will be determined. Areas that will experience a significant noise increase will be identified. For the project scenario, the absolute noise levels experienced in these areas will then be determined, and the resulting land use/noise compatibility discussed. The project site is adjacent to Chino Hills High School. Mestre Greve on-site noise measurements will document the noise levels generated by the high school. These noise levels will be compared to the City's Noise Ordinance. The project will need to show measures, if any, necessary to comply with the City's Noise Ordinance. Traffic noise levels that impact the project site will be assessed for compatibility with the proposed land uses. The site is impacted by Soquel Canyon Parkway, Butterfield Ranch Road, and Pomona Rincon Road. Additionally the site is near the Chino Valley Freeway (SR -71). Noise levels within the project area will be determined and compared to noise/land compatibility guidelines contained in the City Noise Element. Preliminary noise barrier heights and other mitigation strategies will be clearly identified. It will be critical to show that the project is feasible from a noise standpoint. Mitigation Measures. Measures will be developed as necessary to mitigate noise impacts. Task 2.4 — Traffic Impact Analysis Wil[den Engineering traffic engineers, under the guidance of Vanessa Mufioz, PE, TE, PTOE, will prepare the Traffic Impact Analysis report for the project. The study will be prepared in accordance with the City's traffic study guidelines. More specifically, the Traffic Impact Analysis will incorporate study methodologies included in the City's General Plan update. The traffic study will also Incorporate regional and subregional growth factors established by SANBAG and SCAG. Based on our preliminary review of the trip generation and distribution patterns for the proposed project, we were able to predict the amount of vehicular trips that would be generated by the project, which are presented below. It should be noted that these vehicular trips are based on our assumptions on the specific land uses included in the project and also reflect the highest possible trip generation rate for the assumed uses. This preliminary analysis indicates: • Retail: AM= -90 inbound/ -70 outbound; PM= -115 inbound/ -95 outbound • Residential: AM= -25 inbound/ -120 outbound; PM= -115 inbound/ -55 outbound • Total: AM= -115 inbound/ -190 outbound; PM= -230 inbound/ -150 outbound Given the likely number of vehicular trips to be generated by the project, we will include the following three major discussion topics in the traffic study • The Traffic Impact Analysis will include an analysis of up to 8 intersections and 2 mid -block streets/freeway locations. • The Traffic Impact Analysis will be conducted following the City of Chino Hills' latest Traffic Impact Study (TIS) Guidelines. This includes analysis conducted using the HCM method. • The Traffic Impact Analysis will also include input from SCAG and SANBAG that address regional and subregional future traffic forecasts. Task 2.5 — Biological Resources Study UltraSystems will prepare the Biological Resources Study for the project. Their work program includes the following elements: Reconnaissance -Level Biological Survey (1 Field Dav) UltraSystems biologists will begin the study by conducting a literature review to identify expected natural resource issues at the project site. Biologists will search readily available literature, maps, databases, agency web sites, Geographic Information System (GIS) data, and aerial imagery from public domain sources to: (1) assess habitats, special -status plant and wildlife species, jurisdictional waters, critical habitats, and wildlife corridors that potentially may occur in and near the project site, and (2) identify local or regional plans, policies, and regulations that may apply to the project. When the literature review is complete, biologists will conduct the following types of reconnaissance -level biological surveys on the project site:' • Habitat assessment. • Plant survey. • Wildlife survey. • Jurisdictional assessment 2 • Wildlife movement evaluation. 1 UltraSystems does not propose to conduct "protocol surveys," which focus on individual plant or wildlife species and conform to California Department of Fish and Wildlife (CDFW) and/or United States Fish and Wildlife Service (USFWS) survey protocols for those species. Only general surveys are needed for a baseline CEPA evaluation. 2 UltraSystems does not propose to conduct a formal wetland and waters jurisdictional delineation. The field survey will be conducted during the daytime on foot and will cover all accessible areas of the project site. Biologists will characterize the existing habitat within the project site and search for the presence of sensitive plant communities, special -status plants and wildlife, and jurisdictional areas. Biological Resources Evaluation Report UltraSystems will prepare and submit one report that documents the methods and results of the literature review and the field survey within three weeks of completion of the reconnaissanceflevel biological survey. The report will summarize existing conditions, assess the potential presence of sensitive biological resources, and analyze the potential impacts on those resources from project development. It will also recommend, as appropriate, best management practices (BMPs), avoidance and protection measures, and mitigation measures to reduce or avoid potential environmental impacts. The study of biological resources associated with the project site will be conducted to comply with CEQA requirements for biological evaluation of projects that could potentially impact natural resources. The report will be intended to satisfy the biological resource needs of the CEQA process. Task 2.6— Cultural Resources Study/Paleontological Resources Study Roberta Greenwood Associates (RGA) will prepare the Cultural Resources/Archeological Survey Study for the proposed project with Paleo Environmental Resources Inc. preparing the paleontological resources assessment. Their work effort consists of the following tasks: Archeological Records Research RGA will conduct archival research at the San Bernardino Archeological Information Center, San Bernardino County, San Bernardino County Museum. The records search will be conducted within a 0.5 mile radius of the project site area and will review archaeological site records, survey and excavation reports, and pertinent literature. Sources of information may include: • National Register of Historic Places • California Register of Historical Resources • California Historical Landmarks • California Points of Historical Interest • California Inventory of Historic Resources. Historical maps of the project area will also be consulted, depending on availability. These generally include 7.5' and 15' United States Geological Survey quadrangle maps which may depict prior historical land uses and topography. Please note that the records search will be current. Field Survey The survey will determine, within the limitations of ground visibility, if any cultural resources are present of either prehistoric or historical origin. Parallel Transects will be used and spaced no more than 10 meters apart. Archaeological site records -- California Department of Parks and Recreation Form 523 -- will be updated in the event that known archaeological sites are encountered, or new records will be prepared if previously unknown cultural resources are discovered. Artifacts will not be collected as part of this Investigation but instead recorded, described, and mapped. Recordation efforts will be limited to resources that meet the definitions given for archaeological sites as described in Instructions for Recording Historical Resources, published by the Office of Historic Preservation (O1 -IP 1995:3) as described below: Site: A site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure fOHP1995:3]. Paleontology A paleontological resource assessment will be conducted by Paleo Environmental Associates, Inc. (PERI). The study will involve examining geological maps of the project area to determine the underlying stratigraphic units and reviewing geological and paleontological literature to determine the types of fossil remains each unit has produced locally and the locations of previously recorded fossil sites at and/or near the project area. Archival searches will be conducted at the Natural History Museum of Los Angeles County, Vertebrate Paleontology and Invertebrate Paleontology Departments, for additional information regarding fossil remains and previously recorded fossil sites from these units. Consultation will be conducted with Cogstone Resource Management, Inc., as needed, since they are familiar with paleontological finds within the City. Technical Report An cultural/archeological inventory report will be prepared that will provide a summary of existing conditions, background information, previous cultural resource reports, field results, observed cultural resources, conclusions, and recommendations, The dates of the record search and field survey will be included in the report. New or updated site records will be included as an Appendix to the ISMND. The technical report will also include the results of the paleontological resources assessment. It should be noted that the locations of archaeological resources are sensitive and are not to be released In any form to the general public. Along with the submittal of the report to the City as a technical appendix to the ISMND, a copy of the report will be made available to the San Bernardino Archeological Information Center. Task 3 — Preparation of a Preliminary Draft Initial Study Willdan will conduct project review and background research to identify the potential environmental resources and conditions that exist on the project site, and to analyze the project's potential environmental impacts. Using Chino Hill's version of the CEQA Initial Study Checklist (if available), Willdan will prepare a Preliminary Draft Initial Study for review by City staff, which will incorporate the findings of the technical studies prepared under Task 2, as well as a full analysis of all of the environmental issues included on the City's Initial Study Checklist. The evaluation of environmental impacts will Include narrative explanations of impacts, which will be classified as potentially significant, potentially significant unless mitigated, less than significant, or non-existent. Based on the results of the Draft Initial Study Checklist, Willdan will recommend the preparation of an ND, MND or an EIR to satisfy CEQA requirements for the project. If an ND or MND is determined to be the appropriate CEQA document for the proposed project, with the City's concurrence, Willdan would proceed to Task 5, If an EIR is determined to be the appropriate CEQA document for the project, Willdan will provide the City with a revised scope and fee. Deliverables: Willdan will submit the Preliminary Draft Initial Study Checklist electronically (PDF) to the City for along with five (5) bound copies of the document and technical studies for review and comment, Task 4 — Preparation of Draft Initial Study Willdan will prepare the Draft Initial Study Checklist (including technical studies) that will incorporate City staff comments and other revisions needed to prepare the document for public review. Deliverables: Willdan will submit the Draft Initial Study Checklist electronically (PDF) to the City for along with one (1) unbound copy, 21 bound copies and 15 CD copies of the final IS/MND with technical studies. Task 5 = Prepare a Final Initial Study/Mitigated Negative Declaration. After receiving the public comments on the Draft Initial Study and Wil'den will make the appropriate changes, and prepare a final version of the Initial Study/Mitigated Negative for City staff review and approval. The final IS/MND will include a detailed description of the proposed project, an overall discussion of the environmental and regulatory setting for the proposed project, individual responses to each of the checklist's questions, and a discussion of CEQA's Mandatory Findings of Significance. Deliverables: Willdan will submit the MND to the City electronically (PDF). Willdan will also submit one (1) unbound, five (5) bound, and 5 CD copies of the final version of the IS/MND with technical studies to the City. Task 6 • Prepare a Mitigation Monitoring and Reporting Program If mitigation measures are required, the City must adopt a Mitigation Monitoring and Reporting Program (MMRP) prior to project approval. Willdan will prepare and submit a draft version of the MMRP to the City for review and comment, After receiving the City's comments and making the appropriate changes, Willdan will submit the final MMRP to the City. Deliverables: Willdan will submit the MMRP to the City electronically. Task 7 — Notices, NO1, Circulation of the Mitigated Negative Declaration, and Public Notification Willdan will assist the City in circulating the environmental document for public review. Willdan will prepare the Notice of Completion form, a Notice of Intent to Adopt/Notice of Availability of an MND (N01) and a State Clearinghouse (SCH) Summary Form. Willdan will also send by certified mail copies of the Not and the MND to those on the mailing list of individuals, organizations, and agencies that will receive the environmental document for review and comment. Willdan will transmit the SCH Summary Form and 15 CD's for the entire document, including the technical appendices to the State Clearinghouse, via certified mail. The City will be responsible for publication of the Notice of Intent to Adopt/Notice of Availability and location distribution and posting of the MND in accordance with City procedures. Deliverables: • Willdan will provide the City with a Notice of Completion form, a Notice of intent to Adopt/Notice of Availability of an MND (NO1), and send via certified mail, said notices/documents to those on the list of individuals, organizations and agencies receiving the NO1 and/or CEQA document for review. Willdan will also prepare and provide the City with a completed State Clearing House Summary Form for the City to publish and distribute in accordance with City procedures. ® Fifteen (15) hard copies of the NO1 and one (1) electronic .pdf file. • Willdan send via certified mail a hardcopy of the Summary Form and fifteen (15) CD's of the entire document to the State Clearinghouse. Task 8 • Notice of Determination/Fish & Wildlife No Effect Determination (NED) Willdan will prepare a Notice of Determination in accordance with Section 15094 of the State CEQA Guidelines for the City to file with the County Clerk. Willdan recommends the City file the Notice of Determination within five (5) days of adopting the MND to establish a 30•day Statute of Limitations, Willdan will also prepare and file the required California Department of Fish and Wildlife No Effect Determination (NED) for the project. Task 9 - Prepare Responses to Comments CEQA does not require a Lead Agency to prepare formal responses to comments on an MND. Nonetheless, upon request, Willdan will prepare responses to comments on any environmental issues raised during the public review period. A draft version of the responses to comments will be submitted to the City for review and comment. After receiving the City's comments, and making the appropriate changes, Willdan will submit a final version of the responses to comments to the City. Task 10 - Attend Public Meetings and Hearings on the Project Willdan's Project Manager will be available to attend meetings and public hearings on the project and MND adoption. Attendance includes attending at least one (1) community meeting, and attendance at two (2) public hearings (Planning Commission and City Council). Task 11- Management and Coordination Willdan's Project Manager will coordinate with City staff and the technical specialists. Willdan anticipates two (2) coordination meetings between Willdan and the City including the kick-off meeting. Schedule We estimate that approximately 10 weeks would be needed to conduct the analyses of project impacts and draft the Initial Study for the project for staffs review. The enclosed schedule identifies our anticipated timeframe for completing all of the projects CEQA process, assuming that circulation of the MND to the State Clearinghouse would be necessary. We will work with the City and the project applicants to expedite the schedule as necessary. INITIAL STUDY Tasks/Milestones CITY OF Santa Barbara AND MITIGATED Duration (Number of CHINO HILLS Mixed Use Project NEGATIVE DECLARATION Timeline SCHEDULE' Action Items Upon Completion of Task Project Kick -Off and Site Visit <1 Commence background research and technical analysis and begin preparation of a Draft Initial Study. Conduct Background Research and Prepare Technical Studies Weeks 2-7 Prepare Prelim Draft IS & Technical Studies Prepare Preliminary Draft IS 8 Weeks 2-9 Prepare Prelim Draft IS and Submit to City for comments City Review of Prelim Draft IS 2 Weeks 10-11 City to review Prelim. Draft IS and provide comments to Willdan Prepare Draft IS © Weeksl2-13 Willdan to Prepare Draft IS for Public Review and Circulation Prepare IS/MND and Notices 1 Week 14 Willdan to Prepare and City to publish/post/distribute Notice of Intent to Adopt ND/MND and Willdan to distribute IS/ MND to the State Clearinghouse. Public Review Period 4 ® City and Willdan to address comments. Public Hearings to Consider Adoption of Mitigated Negative Declaration' 2 (estimated) Weeks 19-20 Willdan to Prepare and City to file Notice of Determination and NED File Notice of Determination and NED <1 Week 20 CEQA process/documentation complete. Notes: 1 This schedule is premised on an ND/MND being the appropriate CEQA document for the proposed project. If an EIR is determined to be the appropriate CEQA document for the project, this schedule would need to be revised accordingly. 2 Assumes adoption of the MND will be scheduled within two weeks of completion of comment period and responses to comments. EXHIBIT B COMPENSATION SCHEDULE Compensation Schedule The tasks and work products described above can be completed for a total fee of $76,393.00. This fee, which for budgetary purposes, is premised on an MND being the appropriate CEQA document for the proposed project, includes: $16,500 for preparation of the CEQA Initial Study including reproduction costs, completing the Mitigated Negative Declaration, preparing the MMRP and other associated tasks; $4,140.00 for the Air Quality Study; $1,656.00 for the Greenhouse Gas Emissions Analysis; $8,257.00 for the Noise Study; $21,300 for the Traffic Impact Analysis; $15,490.00 for the Biological Resources Study; and $9,0250.00 for the Cultural/Paleontological Resources Study. A line -item breakdown of our proposed fee is enclosed. Please also see the enclosed notes and assumptions. TASK DESCRIPTION HOURS FEE SUBTOTAL 1 Kick -Off Meeting and Site Visitiv 6 $900.00 2 Technical Studies 2.1 Air Quality Study /1r $4,140.00 2.2 Greenhouse Gas Emissions Study /it $1,656.00 2.3 Noise Study nr $8,257.00 2.4 Traffic Impact Analysis $21,300.00 2.5 Biological Resources Study"r $15,490.00 2.6 Cultural Resources Study/Paleontological Resources Studyi1r $9,050.00 3 Preliminary Draft Initial Study r3r 50 $7,500.00 4 Draft Initial Study 8 $1,200.00 5 Final Initial Study/Mitigated Negative Declaration 6 Mitigation Monitoring and Reporting Program 8 $1,200.00 7 Notices (NO1) and Circulation of MND MI 6 $900.00 8 Notice of Determination/NED 0.5 $75.00 9 Response to Comments 8 $1,200.00 10 Public Meetings & Hearings Attendance ry 8 $1,200.00 11 Management and Coordination ry 8 $1,200.00 12 Reproduction (Initial Study/MW City (Prelim Draft ISMND) 5 copies $125.00 City (Draft ISMND) 21 Copies $625.00 SCH Submittal 15 Copies $375.00 Subtotal for each column $16,500.00 $59,893 TOTAL $76,393 /1/ - Fee includes a standard 15% markup on subconsultants. /2/ - Tasks 1,10 and 11 include a total of one kick-off meeting and one coordination meeting with City staff, attendance at one community meeting, and attendance at three public hearings (Planning Commission and City Council). Additional meetings or attendance by additional staff would be charged at a rate of $150 per hour. /3/ - This fee assumes no changes to the project description once the work begins. Changes to the project description may result in additional costs. /4/ - Includes preparation of NO1, certified mailing of documents, 15 CDs and certified mailing to the State Clearinghouse. /5/ - Includes 5 bound copies of Preliminary Draft IS; 21 bound copies of Draft IS and 15 CD's; 15 CD's of ISMND for transmittal to SCH.