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08-26-2008 CC Rpt A06 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date August 26, 2008 C7iVFD Public Hearing 201M AUG 20 AN 10: 07 --- Discussion Item 0 Consent Item OFFIOr OT CI Y UERK Cho HILLS DATE: August 19, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO PREPARE AN ADDENDUM TO THE SHOPPES SPECIFIC PLAN EIR FOR THE SHOPPES PHASE II PROJECT RECOMMENDATION: 1. Authorize the execution of a new Professional Services Agreement with RBF Consulting, with a not to exceed amount of $60,000, for the purpose of providing planning services and prepare an Addendum to the Shoppes Specific Plan EIR for the Shoppes at Chino Hills Phase II Project. • 2. Approve an increase to Purchase Order (PO) #090484 with RBF Consulting in the amount of$50,000. BACKGROUND/ANALYSIS: On April 8th, of this year the City Council approved a conceptual plan for the Shoppes at Chino Hills Phase II and authorized the City Manager and City Attorney to negotiate a Development Agreement for the Shoppes at Chino Hills Phase II Project with OPUS West Corporation. The conceptual plan provided for two alternatives with some land uses different than those adopted in the original Specific Plan in turn necessitating an environmental update. After discussions with RBF Consulting (RBF), the environmental consultant on the first phase of the project, it has been determined that an EIR Addendum is the appropriate CEQA document. To complete this Addendum, a new agreement with RBF is necessary. RBF was chosen for the second phase of the project from our list of pre-approved environmental consultants due to their familiarity with the project. As part of their Scope of Services, RBF will be completing the following tasks: • Agenda Date: August 26, 2008 Page 2 SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO PREPARE AN ADDENDUM TO THE SHOPPES SPECIFIC PLAN EIR 41111 FOR THE SHOPPES PHASE II PROJECT • Initial Project Scoping • Review of Site Plan and Cross-Sections (Scope Refinement) • Research and investigation of previously adopted Specific Plan and EIR documents • Prepare Traffic Technical Memo • Preparation of Draft Addendum EIR • Preparation of Final Addendum EIR • Project Coordination and Meetings In order to expedite the project, staff immediately began working with RBF to determine what EIR document would be required while a complete Scope of Services was being developed. This required the establishment of an initial PO for $10,000. Staff is also requesting the authorization to increase the PO to a total of$60,000 to coincide with the new agreement. REVIEW BY OTHERS: This item was reviewed by the Contract Compliance Office and the Finance Director. FISCAL IMPACT: • There is no negative fiscal impact to the General Fund. The services provided by RBF will be reimbursed to the City by the applicant through Trust Deposit Accounts. It is presently estimated that the project will generate between $1 and $1.3 million in annual revenues to the City of Chino Hills upon the project's completion. Resp:cffully submitted, Recommended by: (..N— Dougla N. La Belle, City Manager Christine Kelly Community Development Director DLB:CK:WW Attachments:Professional Services Agreement between the City of Chino Hills and RBF Consulting 0 AGREEMENT NO. A08- FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND RBF CONSULTING THIS AGREEMENT, made and entered into this 26th day of August, 2008, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and RBF CONSULTING, a California corporation, 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 August 26, 2008. • -1- • 4110 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 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 41110 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. 0 -2- 411. 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. 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. 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 a invoice of any 410 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. -3- 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 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 APto 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, 2009, 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 • -4- 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, 4110 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. Use of such documents by City for project(s) not the subject of this Agreement shall be at City's sole risk without legal liability or exposure to Consultant. 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 0 -5- 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. 4110 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. 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 • -6- 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 41110 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 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 • -7- 401 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 lndemnitees may become subject by reason of or arising 1111 -8- 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 this agreement or the negligent or willful 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 lndemnitees 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 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 -9- * 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:VI!. 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: IP -10- (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 410 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. 4111 -11- (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) 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, 4. 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 Liabilitt Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, • -12- 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. • -13- 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 employ unauthorized aliens as defined therein. Should Consultant so employ dosuch 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 4P -14- , 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 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. 411P -15- 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 4101 City of Chino Hills 2001 Grand Avenue Chino Hills, California 91709-4868 Consultant. Attention: Kevin Thomas RBF Consulting 40810 County Center, Suite 100 Temecula, CA 92591-6022 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. 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. • -16- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RBF CONSULTING By Title • CITY OF CHINO HILLS By Curt Hagman, Mayor ATTEST: APPROVED AS TO FORM: Mary M. McDuffee Mark D. Hensley City Clerk City Attorney • -17- IPJN 65-100474.001 RBF CONSULTING EXHIBIT "A" Scope of Services Preparation of an Addendum to the Shoppes Specific Plan EIR RBF Consulting will provide professional planning services pursuant to the following Scope of Services to prepare an Addendum to the Shoppes Specific Plan EIR. PROJECT UNDERSTANDING RBF understands that the applicant has developed a new site plan (pending submittal to RBF), which contemplates certain changes in land uses from those adopted with the Specific Plan. RBF understands the urgency of this work effort, to prepare appropriate supplementary CEQA document to allow approval of a Specific Plan Amendment. Based on preliminary discussions with City staff and initial traffic volume analysis, it appears that an Addendum EIR may be the appropriate CEQA document. RBF understands that the applicant is currently considering two development scenarios, and would like both of them analyzed in the Addendum EIR. Following completion of Tasks 1 and 2 below, RBF will revisit this assumption with 0 City staff, to determine whether or not a Supplemental/Focused EIR would be more appropriate, acknowledging the inherent differences in litigation exposure, time and cost. This Addendum will focus primarily on incorporation of the following updated documents or technical studies (provided by others): 1. Specific Plan Amendment—provided by the applicant 2. Architectural Elevations and Cross-section Analysis — provided by the applicant 3. Technical Memo on Traffic— provided by RBF (see below) 4. Water Quality data (NPDES compliance) —provided by the City or applicant 5. Onsite noise compatibility verification—provided by the applicant 6. URBEMIS Analysis-provided by RBF (see below) Timely completion of the Draft Addendum EIR will depend upon receipt of all previously identified technical studies required by City staff. In addition to incorporating the previously mentioned technical reports/analyses, the Addendum EIR will provide a comparison between the approved and proposed project, a review (for each topical area addressed in the Final EIR) of any changes in the environment (including regulatory setting), new information, and project changes that would result in new or more significant environmental impacts, mitigation • measures or alternatives (that cannot be mitigated) for both development scenarios. SCOPE OF SERVICES 07.30.2008 Shoppes Specific Plan Amendment-Addendum EIR Preparation -1- JN 65-100474.001 RBF CONSULTING IIPin accordance with Section 15164 of the CEQA Guidelines, the Addendum EIR does not need to undergo a public review process, and will not require a notice of preparation or re-circulation of the document. TASK 1 Initial Project Scoping RBF will meet with City staff to understand the overall project goals, discuss City objectives, and develop an initial work program. This task includes developing initial comparative traffic generation data to assist in determining the appropriate CEQA document and related technical studies. In addition, RBF will prepare an URBEMIS analysis for both proposed scenarios of The Shoppes project in the City of Chino Hills. Emissions from the proposed project will be quantified using URBEMIS2007. This data will be summarized in a technical memorandum that will include tables that indicate the emissions calculated for both development scenarios. The technical memorandum will also help determine the appropriate CEQA document for the project. TASK 2 Review of Site Plan and Cross-Sections (Scope Refinement) Following the applicant's submittal of a preliminary Site Plan, elevations and 411P cross-sections, RBF will assess whether the proposed Specific Plan Amendment would substantially degrade the existing visual character or quality of the site or its surroundings. The assessment will be based on a review of the proposed site plans, elevations, and cross-sections. The cross- sections, which will be prepared and submitted by the applicant, will illustrate the views into the project site from adjacent public roadways to the proposed tallest hotel structures. RBF will, in collaboration with City staff, review the submittals to determine if the proposed Specific Plan changes would result in any new visual impacts. TASK 3 Research and investigation RBF Consulting will conduct research and investigation prior to commencement of work on the Draft Addendum EIR. This work effort will include review of the proposed project, previously adopted Specific Plan and EIR documents, review of the City General Plan, General Plan EIR, and Zoning Code, and applicable Technical Reports provided by the Client and/or City. As part of this task RBF will identify issues with Client/ City provided information and provide the Client/ City with a request for clarification or additional data if needed. TASK 4 Traffic Technical Memo RBF will prepare a traffic analysis Technical Memorandum for The Shoppes in IPthe City of Chino Hills. This scope of work assumes that no new traffic counts SCOPE OF SERVICES Shoppes Specific Plan Amendment-Addendum EIR Preparation 07.30.2008 -2- JN 65-100474.001 RBF CONSULTING 411Pare required, and the primary purpose of the TM is to document that the proposed project is substantially consistent with the approved Specific Plan. Study Conditions The analysis will use The Shoppes traffic impact analysis (April 2005) to identify the approved trips generated during the A.M. and P.M. peak hours, as well as the Average Daily Traffic. Technical Memorandum The technical memorandum will discuss changes from the approved entitlement based on the trips generated by the actual square footage constructed and that of Phase 2 proposed new construction. Project Trip Generation The study will identify the number of daily and peak hour trips forecast to be generated by the proposed project, using trip generation rates contained in Trip Generation (Institute of Transportation Engineers, 7th Edition, 2003), or other source as directed by the City. TASK 5 Preparation of Draft Addendum EIR Based upon City and Client direction, review of available documents, and the technical studies provided, RBF Consulting will prepare an Addendum EIR in IP accordance with Section 15164 of the CEQA Guidelines. RBF will provide a sample Addendum EIR for City staff and City Attorney to review for overall adequacy prior to commencing Addendum EIR preparation. The Draft document will contain an Introduction and Purpose; a detailed Adopted Project Description and Current Project Description as well as a Summary of Differences which will be subject to analysis within the Addendum EIR; Environmental Analysis of all CEQA checklist topics, including Technical Study Findings for those CEQA topics on which updated technical studies are provided (prepared by others) and Revisions to Project Specific Mitigation Measures, if any are warranted. This Addendum EIR will include a brief qualitative discussion of Global Climate Change and a quantitative air quality assessment (including updated URBEMIS calculations). RBF will make a diligent effort to prepare as complete a document as possible with available information prior to submitting a partial Draft Addendum EIR on August 18th for City review. RBF will respond to one consolidated set of comments and incorporate revisions into the document. RBF will submit the Draft Addendum EIR two (2) weeks after receipt of all technical studies prepared for the project (anticipated submittal date September 15, contingent on receipt of all technical studies). IPSCOPE OF SERVICES 07.30.2008 Shoppes Specific Plan Amendment-Addendum EIR Preparation -3- JN 65-100474.001 RBF CONSULTING 411. TASK 6 Preparation of Final Addendum EIR This task and its corresponding fee estimate assume a response to one round of consolidated City staff and/or Client comments. Based upon these comments on the Draft Addendum EIR, RBF Consulting will revise and submit a final Addendum EIR, which can support the entitlements at public hearing. RBF will provide the City with the Final Addendum DR two (2) weeks after receipt of City staff and/or Client comments. In addition, as part of this task, RBF would prepare an updated MMRP if it were determined that the Addendum EIR recommends new and/or revised mitigation measures. Additional rounds of response to City/Client comments can be provided on a time and materials basis if additional rounds of City review are necessary to obtain approval of the environmental document. TASK 7 Project Coordination and Meetings City staff has requested weekly team meetings to expedite the schedule. Assuming an average of 1.5 staff per meeting and an overall 4 month schedule, RBF has budgeted for 60 hours of staff time (allowing for 3.75 hours per meeting for preparation, attendance via conference call and follow-up). RBF has budgeted for two (2) public meetings, assuming two (2) staff in attendance, and 8 hours per staff per meeting for preparation, attendance and • follow-up (a total of 32 hours for public meeting attendance). RBF has budgeted 24 staff hours for overall project coordination/management time, based on an expedited schedule over a 4-month period. Understanding that in-person attendance at project meetings will sometimes be required, and that the site plan is subject to change, RBF will provide the client with a cost-to- complete estimate at 80% of this budget, which may include an additional work request if necessary. Reimbursable Expenses In accordance with RBF's standard rate schedule, all reimbursable expenses will be billed on a time and materials basis at direct cost plus 15%. These , expenses include but are not limited to: document photocopying' reproduction, printing, mailing/ delivery services, mileage, and miscellaneous project expenses. If more than 80% of this budget is used, the Client will be notified and a remaining budget will be estimated and contract amendment provided (if necessary) to complete the project. Exclusions: Consulting services relating to any of the following tasks may be completed by Consultant, if negotiated under a separate contract for an additional fee, but are presently specifically excluded from the Agreement: • SCOPE OF SERVICES 07.30.200B Shoppes Specific Plan Amendment-Addendum EIR Preparation -4- JN 65-100474.001 RBF CONSULTING 41. 1. Additional environmental studies required to complete the Addendum EIR (other than the Traffic and URBEMIS memorandums). 2. A Supplemental or Focused Environmental Impact Report. 3. Administrative Staff Support services (i.e. preparation of staff report, resolutions, revised Findings, Notice of Determination, etc...) 4. Any other services not set forth in this agreement Client Responsibilities 1. Client shall provide access to the site. 2. Client is to provide any and all indemnification, abatement, disposal or other actions required by local, state or federal law regarding hazardous materials. 3. Client shall pay all governmental fees and costs. 4. Client shall provide a current title report if necessary. • 4110 SCOPE OF SERVICES 07.30.2008 Shoppes Specific Plan Amendment-Addendum EIR Preparation -5- JN 65-100474.001 RBF CONSULTING EXHIBIT "B" Compensation Schedule Preparation of an Addendum Environmental Impact Report for Shoppes Specific Plan Amendment PRELIMINARY BUDGET Client agrees to compensate Consultant for such services as described in Exhibit"A"and as outlined below, monthly on a time and materials basis for a not-to-exceed fee of $56,500, plus the direct cost of reimbursable expenses without additional authorization by the City. Upon execution of this contract if any changes occur to the project design or technical studies a contract amendment may be required if it requires additional analysis. Work Task Fee TASK 1 Initial Project Scoping $ 2,800 TASK 2 Review of Revised Site Plan/Cross-sections $ 1,200 TASK 3 Research and Investigation $ 3,600 • TASK 4 TASK 5 Traffic Technical Memo $ 4,000 Preparation of Draft Addendum EIR $ 18,500 TASK 6 Preparation of Final Addendum EIR (and MMRP Update) $ 9,600 TASK 7 Project Coordination and Meetings * Project Coordination $3,000 * Allowance for Weekly Team Meetings via conference call (assume 16; 1.5 staff/meeting) $ 9,000 * Allowance for Public Meetings{assume 2; 2 staff) $ 4,800 TOTAL, LESS REIMBURSABLES $ 56,500 Project Reimbursable Budget $ 3,500 GRAND TOTAL: $ 60,000 • SCOPE OF SERVICES 07.30.2008 Shoppes Specific Plan Amendment-Addendum EIR Preparation -6-