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08-09-2016 CC Rpt 16COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: August 9. 2016 Item No.: 16 Public Hearing: ❑ In „1 Discussion Item: Ll c�„0 Hills Consent Item; August 2, 2016 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH RINCON CONSULTANTS, INC. TO PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DOCUMENTATION AND SUPPORTING TECHNICAL STUDIES FOR THE BUDDHIST TEMPLE PROJECT RECOMMENDATION: Authorize the execution of a new Professional Services Agreement with Rincon Consultants, Inc. (Rincon) in an amount of $59,120 to prepare CEQA documentation and related technical studies for the proposed Buddhist Temple Project located at 2948 Chino Hills Parkway. BACKGROUND/ANALYSIS: The proposed project includes a new Buddhist Temple consisting of approximately 23,400 square feet that will include a 3,100-square foot Buddha Hall, a 3,600-square foot Meditation Area/Multi-Purpose Building, a 5,775-square foot Classroom/Office Building, a 9,056-square foot Monk Dormitory, and a 1,900-square foot Kitchen/Restroom Building. The tallest proposed building is the Buddha Hall, which is proposing a maximum roof height of 38'-7" and a maximum height of 50'-3" feet at top of the spires. The proposed land use change to change the land use designation of the project site to Institutional -Private (1-1) allows a maximum roof height of 40'-0" and a maximum height of 80'-0" for towers, steeples, or other architectural features. Rincon will be conducting the environmental review for the Project in accordance with CEQA and the City's CEQA implementation policies and guidelines, including the preparation of the necessary CEQA documentation and related technical studies, which at this time are anticipated to be as follows: • Air Quality Study (including Greenhouse Gas Emissions analysis) • Noise and Acoustic Study • Traffic Impact and Parking Analysis 102/232 AGENDA DATE: AUGUST 9, 2016 PAGE 2 SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH RINCON CONSULTANTS, INC. TO PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DOCUMENTATION If the Initial Study concludes that the proposed project would result in significant impacts that cannot be mitigated, then preparation of an Environmental Impact Report (EIR) would be required, instead of a Mitigated Negative Declaration (MND). If an EIR or additional studies are deemed necessary, an amendment to this agreement would be required. Staff would then seek City Council authorization to increase the contract amount after this determination. If a MND with the above -listed studies is all that is required to adequately review the environmental issues, then Rincon has committed to completing the Initial Study, the technical studies and an MND for an amount not -to - exceed $59,120. Rincon was one of two consultants that submitted proposals on the project after it was sent out to three firms on the City's approved On -call Environmental and Planning Related Consultant Services RFQ list. Rincon was selected due to their high level of experience and expertise with preparing related environmental documents. Rincon has also provided similar services on other City projects and now has a familiarity with the City and the project site. ENVIRONMENTAL REVIEW: This action of approving is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378 and is therefore exempt from CEQA. It will not result in any direct or indirect physical change in the environment because it is only a preliminary action required in order to study the proposed project. REVIEW BY OTHERS: This item was reviewed by the Finance Director and the Contract Compliance Officer. FISCAL IMPACT: Preparation of the environmental documents for the proposed Buddhist Temple Project will not directly impact the City's General Fund nor will it have a fiscal impact to the City in that the project applicant will incur all costs associated with the preparation of the environmental documents. The services provided by Rincon will be reimbursed to the City by the project developer through Trust Deposit Accounts. This agreement will be in an amount of $59,120. Respectfully submitted, Konradt Bartlam, City Manager KB:JL:YM:KP Recommended by. - Joann Lombardo Community Development Director Attachment: Professional Services Agreement 103/332 AGREEMENT NO. A2016- FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND RINCON CONSULTANTS, INC. THIS AGREEMENT, made and entered into this 9th day of August, 2016, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and Rincon Consultants, Inc., hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re -do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on August 10, 2016. 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- 104/332 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. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS.. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of 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- 105/332 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 $59,120.00. 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- 106/332 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, 2017, 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- 107/332 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 sea. 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- 108/332 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 --5- 109/332 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- 110/332 levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the negligent or wrongful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's sole negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or 111 /332 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 ANIL Consultant shall provide the following scope and limits of insurance: least as broad as: (1) Minimum Scope of Insurance. Coverage shall be at (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance.. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general 112/332 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. claim. (d) Errors and Omissions Liability: $1,000,000 per 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 Liabilitv 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 -lo-- 113/332 special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Emglover's Liability Coveraae. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The -11- 114/332 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/NON PREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not -12- 115/332 employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the -13- 116/332 prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT.. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: Cam. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: Susanne Huerta Rincon Consultants, Inc. 706 South Street, Suite 1200 Los Angeles, CA 90014 -Z4- 117/332 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 A. Exhibit A: Scope of Work B. Exhibit B: Compensation 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. -15- 118/332 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CHINO HILLS RINCON CONSULTANTS, INC. Art Bennett (Signature) Mayor ATTEST: l (Title) Cheryl Balz ( g ture) City Clerk APPROVE® AS TO FORM: Vce d��4t�� (Title) Mark D. Hensley City Attorney -Z6- 119/332 EXHIBIT A Proposal to Conduct Initial Study -Mitigated Negative Declaration for the Buddhist Temple of Chino Hills SCOPE OF WORK The following scope of work has been developed based on our understanding of the proposed project, our previous experience completing environmental documents and associated technical studies for the City, and knowledge of environmental regulations related to development projects, in particular institutional facilities. The following tasks define our approach to completing the IS-MND and Cl QA review process for the City. This proposal assumes that all project impacts can be mitigated to a level that is less than significant and that an EIR will not be required. However, if during the course of the preparation of the IS it is determined that one or more issues will or may have unavoidably significant impacts, Rincon will notify the City immediately to discuss an appropriate course of action. TASK 1 KICK-OFF MEETING Rincon's Principal in Charge and Project Manager will attend a kick-off meeting with the City and the applicant. The meeting will serve to discuss: Communication protocol • Project timeline and steps of the environmental process Preview of potential issues and outline any prominent issues for the project. TASK 2 ENVIRONMENTAL STUDIES Task 2.1 Air Quality[GHO Study Air Quality Study The air quality discussion will describe the meteorological conditions and discuss ambient air monitoring data. A description of the regulatory framework relating to air quality (i.e., California Clean Air Act, Air Quality Management Plan, etc.) will also be provided. Construction -related emissions, including equipment exhaust and fugitive dust emissions, will be quantified using the California Emissions Estimator Model (CalEEMod). Consistent with the South Coast Air Quality Management District (SCAQMD) environmental justice program and localized significance threshold (LST) methodology, localized construction -related air quality impacts on nearby sensitive receptors will also be evaluated. Long-term emissions will be quantified using CaIEEMod and compared to SCAQMD thresholds of significance. Project consistency with the 2007 Air Quality Management Plan (AQMP) and, as appropriate, the 2012 AQMP will also be evaluated. GHG Emissions Analysis The GHG Emission Analysis will evaluate the proposed project's potential contribution to cumulative impacts related to global climate change (GCC). The study will include the following: • Overview of the types of GHGs and sources and potential environmental effects of GHGs and GCC • Overview of the current regulatory framework around GHGs/GCC, including Assembly Bill 32 (AB 32), Senate Bill 97 (SB 97), and SB 375, as well as recently adopted amendments to the CEQA Guidelines Quantification of carbon dioxide equivalent (COze) units associated with project construction and operation for each GHG identified in California Health & Safety Code Section 38505 (emissions City of Chino Hills Page 1 of 7 120/332 Proposal to Conduct Initial Study -Mitigated Negative Declaration for the Buddhist Temple of Chino Hills will be estimated for construction activities, motor vehicle trips, energy use, water demand, and solid waste generation) Comparison of COze emissions to various potential significance thresholds, including those recommended by the SCAQMD • Discussion of the project's consistency with mitigation strategies from the Office of Planning and Research, the California Climate Action Team, the Attorney General's Greenhouse Gas Reduction Measures, and the Southern California Association of Governments' Sustainable Communities Strategy Development of mitigation measures for any identified significant impacts, potentially including green building practices and design elements, installation of energy efficient lighting and "cool" roofs and pavements, installation of solar, wind, or geothermal power systems, creation of water efficient landscapes, and reuse/recycling of construction and demolition waste Emissions will be calculated using the latest version of CalEEMod. Traffic data to be input in the model will be obtained from the project traffic study (prepared by LLG). Input regarding project features that may reduce GHG emissions will be obtained from the project team. 2.2 Noise and Acoustics This section will include analysis of both temporary construction noise and operational noise. The tract map development (grading and site preparation, construction) would generate temporary noise that would be potentially audible to nearby receptors. Based on project information such as estimated grading quantities, construction equipment and construction schedule, and distance to sensitive noise receptors, temporary construction noise will be quantified for the nearest receptor(s) and compared to applicable City standards. The primary generator of project -related long-term noise will be motor vehicle traffic. The increase in vehicular noise on the local roadway network will be estimated using the Federal Highway Administration's Traffic Noise Model (TNM) and compared to applicable City standards to determine significance. Under this task, Rincon will prepare a noise impact study report to document all standards, background data, methods, and findings associated with the noise study. Three draft copies of the report will be provided to the City for review. The study will be revised to incorporate City comments and a final report will be prepared. 2.3 Traffic Impact and Parking Analysis Linscott, Law and Greenspan (LLG) will prepare the traffic impact and parking analysis. LLG will conduct the scope of work described below. Task 1 Project Mobilization 1.1 Confirm the development description of the project, work schedule and assumptions to be utilized in the traffic impact analysis and parking report. Descriptive data such as capacity of worship hall and multipurpose room, anticipated hours of operation/worship, expected us of multipurpose room and classroom, number of employees/on-site residents, number of events and anticipated attendance, parking supply, and any special considerations pertinent to the preparation of the analysis would be needed. Obtain a current project site plan that illustrates the access scheme to the project site in both hard copy and digital formats. r Page 2 of 7 City of Chino Hills 121 /332 Proposal to Conduct Initial Study -Mitigated Negative Declaration for the Buddhist Temple of Chino Bills 1.2 Contact City of Chino Hills staff to discuss the proposed project and analysis criteria, confirm our study approach, identify pertinent traffic issues and concerns, and formalize the Scope of Work for the traffic study. 1.3 In consultation with City staff, prepare a scope of work agreement detailing the study area, assumptions and overall traffic study requirements, and submit to City staff for review and approval. LLG will work closely with City staff to refine potential study intersections in light of the trip generation potential of Project. Task 2 Data Collection and Research In this task, we will collect the data necessary to prepare the traffic impact analysis. 2.I Visit the project study area to confirm existing conditions with respect to existing site development, local area development, site access, parking use, and areas of congestion in order to verify our overall understanding of traffic conditions in the area that might affect this project. 2.2 In conjunction with Task 2.1, confirm the existing roadway striping, traffic control measures, curbside parking restrictions, adjacent intersection configurations, and other pertinent roadway features for key intersections along Carbon Canyon Road, Chino Hills Parkway and other key roadway segments. Potential study intersections, per the direction of City staff, consist of the following seven (7) locationsi: • Pucalyptus Avenue at Chino Hills Parkway • Carbon Canyon Road (State Route 142)/Rustic Drive at Chino Hills Parkway • Carriage Hills at Carbon Canyon Road • Peyton Drive at Chino Hills Parkway • Peyton Drive at Eucalyptus Avenue • Pipeline Avenue at Chino Hills Parkway • Grand Avenue at Chino Hills Parkway 2.3 Research data at the City of Chino Hills, adjacent jurisdictions and recent traffic impact studies prepared for developments in the project vicinity that may contribute cumulative impacts to the adjacent street system and study locations in the vicinity of the proposed project. The compiled list of related projects will be forwarded for review and approval by City staff 2.4 Conduct AM peak period and PM peak period traffic volume counts at up to five (5) study intersections. The traffic counts will be conducted between the hours of 7:00 AM and 9:00 AM and 4:00 PM and 6:00 PM. This traffic volume data will be utilized in the traffic impact analysis for the project. 2.5 Conduct supplemental 24-hour machine traffic counts at up to two (2) key roadway segments, with a focus to Carbon Canyon Road and Rustic Drive, to support the Greenhouse Gas, Air Quality and Noise analyses. The ADT data will be included in the traffic study. 1 For study locations No. 1 through No.3, plus No. 6 and No. 7, it is assumed that traffic data will be collected as a part of the Buddhist Temple Project TIA, and study locations No. 4 through No. 5 identified in Task 2.2 above, as well as the two (2) of seven (8) roadway study segments, it is assumed that the traffic data to he collected as a part of the Coptic Orthodox Church TIA can used as the baseline for this TIA. It is expected that the traffic data will be collected when local area schools are back from Summer recess in late August / September 2016. City of Chino Hills Page 3 of 7 122/332 Proposal to Conduct Initial Study -Mitigated Negative Declaration for the Buddhist Temple of Chino Hills 2.6 Research and review the current City of Chino Hills off-street parking requirements outlined in Chapter 16.34 — Parking and Loading of the City of Chino Hills Municipal Code. Task Trip Generation, Distribution, and Assignment 3.1 Prepare trip generation forecasts for the proposed Project for a typical weekday over a 24-hour period, as well as for the commuter AM and PM peak hours. The trip generation forecasts will be derived from trip rates listed in Trip Generation, 9th Edition, published by the Institute of Transportation Engineers (ITE) in 2003 and/or San Diego Traffic Generators, dated April 2002, published by San Diego Associated Governments (SANDAG). Appropriate trip generation credits will also be applied for the existing land uses on site, mixed -use development, and transit, if applicable. 3.2 Assign the forecasted AM and PM peak hour trips expected to be generated by the proposed project to the study intersections based on existing and anticipated traffic patterns to and from the project site, and input from City staff, or a select zone assignment plot. The assumed distribution pattern will be submitted for review and approval by City staff prior to finalization. 3.3 Prepare trip generation forecasts for the related projects for a typical weekday over a 24- hour period, as well as for the commuter AM and PM peak hours utilizing the ITE Trip Generation publication. The AM and PM peak hour trips expected to be generated by the related projects will be distributed and assigned to the local street system. 3.4 Develop "existing plus project" and "existing plus cumulative plus project" peak hour and daily traffic volume projections for up to seven (7) intersections and seven (7) roadway segments based on the application of an annual growth factor to the existing traffic volumes, and/or adding traffic from cumulative projects in the study area. Task 4 Project Evaluation and Mitigation Measures 4.1 Prepare AM and PM peak hour Level of Service calculations at up to seven (7) study intersections for existing conditions and future near -term traffic conditions without project. Level of service calculations will be prepared for the following conditions: a. Existing traffic b. Existing plus project c. Traffic in (b) plus mitigation, if required d. Existing traffic plus ambient growth to the year the project will be completed e. Traffic in (d) plus approved (related) projects in the study area f Traffic in (e) plus proposed project traffic g. Traffic in (f) plus mitigation, if required Utilize the City of Chino Hills and County of San Bernardino Congestion Management Plan (CMP) approved capacity analysis methodology (i.e., Highway Capacity Manual 2000 methodology) for the determination of the intersection Levels of Service for the following traffic impact scenarios. The traffic analysis conditions will be confirmed with City staff prior to initiation of the analysis. Any unsignalized intersections or project driveways will be analyzed using the methodology contained in the most current Highway Capacity Manual. 4.2 Based on the assessment completed as part of Task 4.1, determine which locations will require improvements to mitigate the potential traffic impacts associated with the proposed development. City of Chino Hills Page 4 of 7 123/332 Proposal to Conduct Initial Study -Mitigated Negative Declaration for the Buddhist Temple of Chino Hills 4.3 Provide recommended mitigation measures which may include intersection and/or signalization improvements, striping modifications, the addition of auxiliary turn lanes, traffic control/limitations at site access points, sight line characteristics, lcfttum provisions, right -turn only in/out restrictions, median configurations, and control measures. Please note that this proposal assumes the recommended mitigation measures can be adequately described within the text of the report. Should the City request preparation of plans to further demonstrate the feasibility of the mitigation measures, an amendment to our contract will be necessary. 4.4 Per City and County of San Bernardino CMP criteria, calculate the project's fairshare percentages and dollar amount to determine the project's responsibility for constructing and/or financing all necessary mitigation measures/ improvements. Task 5 Site Access Evaluation 5.1 Review the proposed site plan and provide recommendations regarding site access and circulation. Prepare AM and PM peak hour LOS calculations at the project driveway. 5.2 Review the proposed access and internal circulation scheme of the proposed project and provide comments regarding the on -site circulation/parking lot layout and design, ingress and egress safety opportunities and constraints, adequate sight distances at project driveways, pedestrian circulation, service/delivery truck access and loading areas, locations of proposed driveways with respect to existing (conflicting) driveways, striping configurations, and median modifications, if any. Task 6 Parking Analysis 6.1 Develop a parking demand forecast for the proposed development based strictly on City of Chino Hills off-street parking codes. 6.2 If applicable, develop a parking demand forecast for the proposed development based on the parking generation factors listed in the 4th Edition of Parking Generation, published by the ITE (Washington, D.C., 2012). 6.3 Based on the operational characteristics of the proposed project, forecast weekday and weekend parking requirements, recognizing that not all project uses will be operational concurrently. 6.4 Develop a parking demand forecast for the proposed Project based on the Urban Land Institute (ULI) Shared Parking methodology. The shared parking model will specifically focus on the combined demand patterns of the Budda hall, meditation area/multi-purpose building, classroom/office building and/or dormitory on a typical weekday (i.e., Monday through Friday), and a weekend day (Sunday). This methodology recognizes the fact that different uses peak at different times of a day and/or day of week. The forecast will evaluate the parking requirements for the project for a typical weekday, during the day, evening, and night periods. Compare against proposed supply to determine any potential parking deficiencies. 6.5 Develop recommendations to address any deficiency in parking spaces. r Page 5 of 7 City of Chino Hills 124/332 Proposal to Conduct Initial Study -Mitigated Negative Declaration for the Buddhist Temple of Chino Hills Task 7 Preparation of the Traffic Impact Study and Parking Analysis 7.1 Prepare a draft traffic impact study in report format, consistent with the Traffic Impact Study Guidelinesfor Development Projects in the City of Chino Hills that details all of the above - mentioned items, our analysis, findings, and conclusions. The draft report will be suitably documented with tabular, graphic, and appendix materials. The draft traffic study will be submitted for your review by appropriate members of the project team and City staff. 7.2 If necessary, revise the draft report based on project team and City comments and submit a final traffic report to Rincon for inclusion into the IS-MND for the project. The final traffic report will be suitably documented with all tabular, graphic, and appendix materials. Task S Attendance at Meetings 8.1 This proposal assumes preparation for and attendance by LLG at one (1) project team and/or City meetings. This proposal allocates three (3) hours by the Principal Engineer at each of these meetings. 8.2 This proposal assumes preparation for and attendance by LLG at up to three (3) public hearings at the City of Chino with the Planning Commission and/or City Council. This proposal allocates five (5) hours by the Principal Engineer at each of these meetings. TASK 3 PHOTO SIMULATIONS Rincon will create visual simulations based on a computer -generated 3D model for up to four locations identified as sensitive viewpoints. The process for generating these images begins with photographs taken from the viewpoints, which will be determined in coordination with City staff. Photos will be taken with a single lens reflex with an effective focal length of 50 min. This produces an image that closely represents the central field of vision of the human eye. Elevation, tripod height, azimuth, latitude and longitude for each photo will be recorded in order to recreate the same exact perspective in the 3D model. Using the proposed site plans, a digital terrain model, and the camera locations, the 3D wireframe of the project is generated in 3D modeling software. The original photos and wireframe model will then be combined in Adobe Photoshop where the photographs are adjusted to fit the 3D model exactly. The project features are then rendered in Photoshop using images and textures that represent the completed project. Rincon will request from the City/applicant: Architectural plans including site plan, grading plan, and floor plans for all floors t Elevations and sections as needed to convey the proposed building's three dimensional structure. TASK 4 ADMINISTRATIVE DRAFT IS-MND Concurrently with the technical studies and photos imulations, Rincon will prepare a staff review Administrative Draft IS using the CEQA Appendix G environmental checklist. The Administrative Draft IS will address all of the items on the environmental checklist. Whenever possible, impacts will be quantified and compared to applicable thresholds of significance. Rincon will submit one electronic copy of the Administrative Draft IS in PDF format and deliver the document via e-mail to the City. At this point in the process, Rincon will meet with City staff to review the findings of the IS to confirm the type of CEQA document that will be required for the project. City of Chino Hills Page 6 of 7 125/332 Proposal to Conduct Initial Study -Mitigated Negative Declaration for the Buddhist Temple of Chino Hills The Administrative Draft IS will evaluate each of the 17 issue areas on the CEQA environmental checklist. Rincon will incorporate information from any relevant and available technical studies to assist in addressing checklist issues and summarize the technical studies that Rincon's team will conduct. Where appropriate, impacts will be quantified in relation to established thresholds of significance. A determination of significance will be made for each issue area and mitigation measures will be provided as necessary for identified significant effects. Although each topic will be discussed in appropriate detail in the Administrative Draft IS, we anticipate that key issue areas for the project will include air quality, GHG, noise, aesthetics, and traffic. Rincon will summarize information from the environmental studies completed for these issue areas in the IS-MND. In addition, the studies will be included as appendices to the IS-MND. As part of this effort, we will conduct the required AB 52 Native American consultation. This will involve sending letters to local Native American groups and, as appropriate, attending consultation meetings and incorporating requested measures into the 1S-MND. TASK 5 PUBLIC AND AGENCY REVIEW DRAFT IS-MND Assuming, that it if confirmed, that the project can be processed with an IS-MND, Rincon will respond to internal team comments on the Public Review Draft IS and format the document as a Draft IS-MND to be distributed for a 30-day public review. Up to 21 bound copies and 15 CDs of the IS-MND will be provided to the City. Rincon will prepare the Notice of Intent to Adopt an IS-MND and draft newspaper notices and will be responsible for mailing of the IS-MND to the State Clearinghouse and Responsible Agencies as well as publishing of the required newspaper notice. TASK 6 FINAL IS-MND Upon receipt of all public comments on the Public Review Draft IS-MND, Rincon will prepare draft responses for City review. Upon receipt of internal review comments on the draft responses, we will incorporate changes and prepare the Final IS-MND. Upon Final IS -MIND approval, Rincon will produce up to 5 hard copies and 5 CDs of the Final IS-MND (including responses to comments). We will also prepare the CEQA findings for the project and include them in electronic format. Rincon will file the Notice of Determination (NOD). We have assumed the City or applicant will be responsible for paying applicable filing fees upon project approval. TASK 7 PROJECT MANAGEMENT AND MEETINGS Project Management Meetings In addition to the kickoff meeting, Rincon's Principal in Charge and/or Project Manager will attend up to two meetings with City staff. These meetings are scheduled to occur after completing the Administrative Draft IS-MND and prior to producing the Final IS-MND. Public Hearings and Community Meeting Rincon's Principal -in -Charge or Project Manager will attend up to one community meeting and up to three public hearings on the project. If requested, we will prepare and deliver a presentation that summarizes the CEQA process and the findings of our analysis. r Page 7 of 7 City of chino Hills 126/332 EXHIBIT B Proposal to Conduct Initial Study -Mitigated Negative Declaration for the Buddhist Temple of Chino Hills COST Our fee to complete the scope of work is $59,120, as detailed in the following table. This includes the cost to complete an air quality study and GHG analysis, noise and acoustic study, traffic impact and parking analysis, and photosimulations. City of Chino Hills New Buddhist Temple Environmental Studies Cost Estimate 7125r2016 Rincon Consultants Tasks Cost Labor Graphics ClencauAd 1. icckoH Meeting 2. Envimnmeatal Swd;zs 2.1 A,r0ua14GHGSfudy 2.2 Noisegrid Acoustics 3. Phola S;mulatons 4. Adm:ni91rawe Draft &MND 01her Chece'st Issues A0 52 Cadsustation 5. PubSc and Agancy Review Cl NAND 6. FinallS-IJN❑ 7, Pro;ed Management and MeeFngs I Subtotal Labor: Addition l Costs LLG (f mfGc Impact and Parl�ng Analysis) Pdntng; Dran 1(21 copies) Oran IS -!.!ND (15 CDs) Final IS-MND (15 copies) Final IS-MND (5 CDs) Supp`es and Vscelveous Expenses Ganes I and Administrative Subtotal Additlonaf Costs TOTAL LABOR PLUS ADDITIONAL COSTS r Houns Senior !Tech mm Principal Pmfll Analyst Ed;lor AsslslantI 15195 5145 5110 S85 $75 51,020 5 3 3 52,930 28 t 2 2a 2 1 $3.100 28 1 2 20 4 1 $5,005 57 1 4 52 $10.530 90 4 16 60 0 2 51.680 14 6 6 2 53,790 34 2 4 20 2 6 $3,555 29 4 a 12 2 3 $4,180 28 8 Is 4 535,890 312 23 58 142 70 19 $19,500 S135 5225 $600 $75 51,000 $1 095 $23.230 $59,120 Page 1 of 1 City of Chino Hills 127/332