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08-09-2016 CC Rpt 17COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY .,� Meeting Date: August 9, 2016 Item No.: 17 Public Hearing: ❑ Discussion Item: ❑ i Chnk Chno Hills Consent Item: X 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 COPTIC ORTHODOX CHURCH PROJECT RECOMMENDATION: Authorize the execution of a new Professional Services Agreement with Rincon Consultants, Inc. (Rincon) in an amount of $53,060 to prepare CEQA documentation and related technical studies for the proposed Coptic Orthodox Church Project located at 14715 Peyton Drive, BACKGRO U N DIANALYS I S: The proposed project consists of an 8,592-square foot multi -purpose building, 8,627- square foot assembly building, playground and a 491 square foot bookstore. The project will be built in two phases, Phase 1 — multi -purpose building, parking lot and playground. Phase 2 — Assembly building and bookstore. The applicant is proposing to demolish the existing Equestrian Center. 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) • Biological Resources Assessment • Cultural Resources Assessment • Noise and Acoustic Study • Traffic Impact and Parking Analysis 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) 128/332 AGENDA DATE: AUGUST 9, 2016 PAGE 2 SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH RINCON CONSULTANTS, INC. TO PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DOCUMENTATION 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 $53,060. Rincon was one of three consultants that submitted proposals on the project after it was sent out to six 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 Coptic Orthodox Church 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 $53,060. Respectfully submitted, Konradt Bartlam, City Manager KB:JL:YM:KP Attachment: Professional Services Agreement Recommended by: Toann Lombardo Community Development Director 129/332 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- 130/332 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 Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3, CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of Its services pursuant to this Agreement, Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of 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- 131 /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 $53,060.00. 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- 132/332 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, 2018, 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- 133/332 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-- 134/332 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 135/332 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'shafl 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-- 136/332 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 Reauirements. 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 137/332 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. Bests rating of no less than ANIL Consultant shall provide the following scope and limits of insurance: (1) Minimum Scooe 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 0026, 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 138/332 aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate Ilmit 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 Employers Liability: Workers' Compensation as required by the Gabor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per claim. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the Insurer or either party to this Agreement, reduced In coverage or In limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liabilitv Coveraaes. (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 -x0- 139/332 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 Emolover'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 Reauirements. 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- 140/332 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-- 141 /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 -- 142/332 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 helshe/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they haslhave 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: 9!Y-- 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 143/332 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 below: A. Exhibit A: Scope of Work B. Exhibit B: Compensation 25_ SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. -15-- 144/332 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CHINO HILLS Art Bennett Mayor ATTEST: Cheryl Balz City Clerk APPROVED AS TO FORM: Mark D. Hensley City Attorney -16-- RINCON CONSULTANTS, INC. (�Signat re) (Title) (hature) (Title) 145/332 Proposal for EXHIBIT A Coplic Orthodox Church Environmenial Review 2. 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 for the City, and our knowledge of environmental regulations related to development projects, In particular in -fill residential development. The tasks below outline our approach to completing the IS-MND and CEQA review process. This proposal assumes that all project impacts can be mitigated to a less than significant level 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 significant and unavoidable impacts, Rincon wilt notify the City Immediately to discuss an appropriate course of action. Task 1- Kick -Off Meeting Rincon's Principal-ln-Charge and Project Manager will attend a kick-off meeting with the City and, If appropriate, the applicant. The meeting will serve to discuss: Communication protocol Data needs Project tlmellne and steps In the environmental process ° Preview of any prominent Issues for the project Schedule Task 2 - Administrative Draft IS Rincon will prepare an Administrative Draft IS using the CECA Appendix G environmental checklist. Rincon will submit one electronic copy of the Administrative Draft IS In PDF format and five bound copies of the IS- MND. The Administrative Draft IS will evaluate each of the 1S issue areas on the CEQA environmental checklist. Rincon will Incorporate Information from any relevant and available technical studies to assist in addressing checklist Issues. Where appropriate, Impacts will be quantified In relation to established thresholds of significance. A determination of signlficance 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 and GHG, biological resources, cultural resources, noise, and transportation/traffic, Although the Initial Study will analyze each of the environmental Issue areas contained In the City's standard CEQA checklist, based on our understanding of the scope of the proposed project, the following issue areas are discussed below, either because they are most likely to Involve adverse environmental Impacts or because the particulars of this project justify laying out our approach to these issues in more detail. Air Quality/GHG The Air Quality analysis will be prepared In accordance with the methodologies prescribed by the South Coast Air Quality Management District (SCAQMD). The air quality analysis will Include the following: Model temporary and long-term emissions using the most current version of the California Emissions Estimator Model (CalEEMod). Emissions will be calculated Lased on the scope of the project and associated vehicle trips. Compare temporary emissions generated during demolition, site preparation, and construction to SCAQMD regional thresholds and Localized Significance Thresholds (LSTs). City of Chino Hills Page 1 of 92 146/332 Proposal for Coptic Orthodox Church Environmental Review rl Calculate operational emissions based on the land use and traffic trips associated with the proposed project using the latest version of CalEEMod. The daily operational vehicle trips used In the analysis will be based on the traffic report prepared by Llnscott, Law and Greenspan. Perform a carbon monoxide "hot spot" screening analysis if the traffic report Indicates that an intersection(s) will be substantially congested. There Is no evidence to indicate that dispersion using the CALiNF4 model would be required for the proposed project. Discuss odors associated with diesel -fueled vehicles, particularly as they relate to construction. o Analyze the project's consistency with the SCAQMD's Air Quality Management Plan. u Identify measures that the applicant proposes to use to reduce air quality impacts, such as: o Specific worker transportation control measures during the construction period; a Dust control measures during construction and operation; o Measures to minimize or avoid stationary source emission impacts; and o Measures to minimize engine idling during construction. a Develop mltigation measures and recommendations as needed to reduce pollutant emissions to the extent feasible and practicable. The GHG analysis will evaluate the project's potential contribution to cumulative Impacts related to climate change. The analysis will include the following tasks: 13 Describe the applicable GHG emissions/climate change regulatory framework, including applicable federal, state, and local regulations and standards. • Describe the methodology and significance thresholds, which will detail the criteria for determining a project's contribution to cumulative GHG emissions/cllmate change impacts (SCAQMD's recommended threshold Is 3,000 metric tons/year). • Quantify carbon dioxide equivalent (CO2e) units associated with proposed construction and project operation (emissions will be estimated for construction, motorvehicle trips, natural gas combustion, electricity use, water demand, and solid waste generation). • Determine the significance level of project generated GHG emission contributions to cumulative GHG emissions/cllmate change. • Identify any necessary or recommended mitigation measures (including measures already Included to address other short-term and operational air quality Impacts). • Assess residual GHG emissions Impacts. Biological Resources The Biological Resources analysis will start with a reconnaissance -level biological survey to evaluate the site's existing conditions, and the site's potential to support special status species and vegetation communities. We have conducted multiple biological studies throughout the region and are knowledgeable of the common and special -status biological resources known to occur in the projectvlclnity that may be encountered. Eollowing our field survey, we will prepare the biological resources analysis for the IS-MND based on the findings. Our analysis will identify potential project impacts and recommended avoidance, minimization, and/or mitigation measures, as applicable, for both direct and indirect effects to on -site biological resources. The biological resources analysis will also identify whether any studies may be required. Culfural Resource Analysis The Cultural Resources analysis wifi involve a records search, Initial Native American scoping, and a cultural resources survey. Based on the results of these tasks, our analysis will Identify potential project Impacts and recommended avoidance, minimization, and/or mitigation measures, as applicable, for potential effects to on -site cultural resources. 17 city of chino Hills Page 2 of 12 147/332 Proposal for Coptic Orthodox Church Environmental Review For the purposes of this scope of work and cost estimate, Rincon assumes that the cultural resources study will be negative (I.e., no cultural resources will be encountered that require recordation or evaluation for California Register of Historical Resources [CRHRj eligibility), Noise Measurements and Analysis The routing of traffic associated with the project will be a critical element In determining the significance of noise effects associated with the Project. Rincon will use the information provided by the traffic report to determine the possible effects on sensitive receptors. The following outlines the tasks Involved In the noise technical analysis: 13 Acquire ambient noise measurements at up to four locations. The duration of each monitoring session will be 15 minutes, Monitoring locations will be near sensitive receptors that could be affected by temporary construction activities and traffic associated with project operation. Measurements will be taken using an ANSI Type 11 sound level meter In accordance with standard protocols. • Characterize and generally quantify on -site construction activities to determine local construction noise effects. This will be based on typical equipment use, duration, and location of use. • Input project traffic Into the federal Traffic Noise Model (TNM ver. 2.5) to quantify noise effects along local roadways, • Determine the significance of effects based on the City's Noise Element, Noise ordinance, and/or CEQA significance guidelines. d Develop recommendations and measures if necessary to mitigate possible significant construction and operational effects to below threshold levels. Traffic Impact Analysis LLG will prepare the Traffic impact Analysis. LLG will conduct the scope of work described In Appendix A Task 3- Public and Agency Review Draft iS-MND Assuming that the project can be processed with an IS-MND, Rincon will respond to internal team comments on the Administrative 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 Draft iS•MND will be provided to the City. Rincon will prepare the Notice of Intent to Adopt an IS-MND, a Notice of Completion and draft newspaper notices and will be responsible for mailing of the Draft 15-MNO to the State Clearinghouse and responsible agencies, as well as publishing of the required newspaper notice. Rincon will distribute the document and perform required noticing. Task 4 - Final IS -MIND Upon receipt of all public comments on the Draft IS-MND, Rlncon 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•MND 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) within five days of any project approval. rCity of chino Bills Page 3 of 12 148/332 Proposal for Coptic Orthodox Church Environmental Review Task 5 - Project Management• Meetings and Hearings Subtask 5.1 - Projecf Management Meetings in addition to the kick-off meeting, Rincon's Princlpai-in-Charge and/or Project Manager will attend up to three meetings with City staff. these meetings will be scheduled as appropriate and are anticipated to occur after completing the Administrative Draft IS and prior to producing the Final IS-MND. Subtosk 5.2 - Public Hearings and Community Meeting Rincon's Principal -In -Charge or Project Manager will attend three public hearings (two meetings for Planning Commission and one meeting for City Council) on the project. if requested, we will prepare and deliver a presentation that summarizes the CEQA process and the findings of our analysis. Task 6 - Notices and Mailings As discussed In Tasks 4 and 5, Rincon will be responsible for the required CEQA notices. These include the following; • Provide certified malling of the Draft iS-MND, Notice of Intent and Notice of Completion to the State Clearinghouse, responsible agencies, Interested public, county clerk, and trustee agencles • Publishing of the Notice of Intent to Adopt an IS-MND In a newspaper of general circulation • Filing the Notice of Determination with the State Clearinghouse and/or County Clerk Subtask 6.1 - Request for No Effect with the CDF&W Rincon will review the project information and coordinate with the CDF&W to determine if the project is eligible for a No Effect Determination. If so, Rincon will complete the No Effect Determination form and submit to CDF&W for review and concurrence. If a No Effect Determination is made, the CDF&W CEQA Notice of Determination filing fee will be waived, off City of Chino Hills Page 4of12 149/332 Proposal For Coptic Orthodox Church Environmental Review Appendix A -- Traffic Impact Analysis Page 5 of 12 City of chino Hills 150/332 Proposal for Coptic Orthodox Church Environmental Review O� This proposal was printed on 50% recycled post -consumer content paper. City of Chino Hilts Page 6 of 12 151 /332 July 7, 2016 Engineers & Plannara Talk Fransporlatian Pa�king Mr, Joe Power Rincon Consultants, Inc. Lrnscoa, taw& 180 North Ashwood Avenue gfuaspan, Engineers Ventura, California 93003 MecutivaCuclo SAOM LLG Reference: P2,16,0056.2 IfVao, CA 92614 949,823,8176 r 8*M6173 r Subject: Updated Proposal to Provide Traffic Engineering Consulting srvhv,llgengiaa ars.can Services Associated with the Proposed Coptic Orthodox Church Project Pasadena Chino Hills, California Irvine San Mago Woodland HMIs Dear Mr. Power. �z�obli i t;r As requested, Linscott, Law & Greenspan, Engineers"(LLG) is pleased to submit this a 01 updated proposal to provide traffic engineering consulting services associated with 2 f the development of a the Coptic Orthodox Church in the City of Chino Hills, = '� California. As discussed with City staff, the workprogram provided herein has been Y� revised to reflect the nominal trip generation potential of the proposed Project based less- 016 on revlely of information provided by the Project Applicant and as such hill only focus to an analysis of four (4) intersections andfour (4) roadlvay segments in close proximity to the site. The project site is a 2.34-acre triangular -shaped parcel of land that is generally located on the east side of Peyton Drive, no1•th of the Chino Creek Drainage Channel and south of the Chino Valley Community Church property. The Project site is currently occupied by an Equestrian Center. Pursuant to review of the information you provided us, we understand that the preparation of a traffic impact study is required as part of the entitlement process and will be included in an environmental document to be prepared forth is Project. As we understand it, the proposed Coptic Orthodox Church project includes construction of 17,710 square -feet (SF) of floor area that will include an 8,592 SF PbripM.►:nscolkPENNIX(u multi -purpose room, an 8,627 SF assembly building and a 491 SF bookstore. Parking Jack M.Greempan.PE-.iAtl for the project will be provided via 119 surface parking spaces, Currently, site plans 11;4%3mA-L-w,PELwj Indicate access to the site will be via two driveways from Peyton Drive (right -turn NOW.YA*Aon.PE only) John P.KoUV, PE 1 03ti-1 S4h0(*/'PE John A 8oarman,PE Clara U Loek•Jaeger, PE Rchard 6.Nueno. PE Ked D. hlaberry, PE Page 7 of 12 " alorr.�c�s:r F�x�r�a 152/332 Mr. Joe Power July 7, 2016 Page 2 Relative to the Church operations, the following table, as provided by the City, summarized the Project's anticipated schedule, as well as attendance for weekday and weekend activities. Time Services Monday Thursday 7pm 10prn Meetings, Activitles Friday 10am-6pm None -FIday_� 7pm,.Opm 'MiingS�Activik[es Saturday 7am —12pm None Avg Attendance #Cars (es �Y61?e4ple, � �1� can`s:; 20 people 610 cars 2-3 people 1 1-3 cars 2.6 people Saturday 6pm-10prn 1 Worshlp 50 1-3 cars 20 cars Sunday _1pm —10pm None 2 6 people _ 1-3 cars From the information above, the trip generation potential of the Project would be minimal during weekday AM peak hour and PM peak hour conditions. On that basis, this letter outlines our proposed amended -work program to prepare a traffic impact study for the Coptic Orthodox Church project. The Scope of Work, detailed below, is based on the City of Chino Hill's requirements outlined in the Traffic Impact Study Guidelines for Development Projects in the City of Chino Hills, the City's RFP for the Project and criteria outlined in the current Congestion Management Program far San Bernardino County. Given the above, and our overall sense and understanding of the issues, our work is described as follows: SCOPE OF WORK Task 1: Protect Mobilization 1.1 Confirm the development description of the project, work schedule and assumptions to be utilized in the traffic impact analysis. 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. Page 8 of 12 153/332 Mr. Joe Power July 7, 2016 Page 3 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. 0 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. Task 2: Data Collection and Research In this task, we will collect the data necessary to prepare the traffic impact analysis. 2.1 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 fn 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 Peyton Drive, Chino Hills Parkway and other key roadway segments. Potential study intersections, selected based on Project location, proximity to the site, trip assignment, and the "50 trip" threshold criteria, consist of the following four (4) locations: 1. Peyton Drive at ,eucalyptus Avenue 2. Morningfleld Drive at Peyton Drive 3. Morningfield Drive at Eucalyptus Drive 4. Chino Hills Parkway at Peyton Drive These study locations will be confirmed with the City prior to this data collection effort. 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 four (4) 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. Page 9 of 12 154/332 Mr. Joe Power July 7, 2016 Page 4 2.5 Conduct 24-hour machine traffic counts at up to four (4) key roadway segments, with a focus to Eucalyptus Avenue west of Peyton Drive, Morning/leld Drive, west of Peyton Drive, Peyton Drive betiveen Eucalyptus Avenue and Morningfield Drive, and Peyton Drive, north of Chino Hills Park►vay to support the Greenhouse Gas, Air Quality and Noise analyses. 24- hour counts will be collected on a Saturday and Sunday for comparison to weekday daily counts. The ADT data will be included in the traffic study. Task 3: Trin 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, 9t" Edition, published by the Institute of Transportation Engineers OTE): Appropriate trip generation credits will also be applied for the existing land uses on site, 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 1TE 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 four (4) intersections and four (4) 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., Pro iect Evaluation and Mitieation Measures 4.1 Prepare AM and PM peak hour Level of Service calculations at up to four (4) study intersections for existing conditions and future near -term traffic conditions without and with the project to determine the potential traffic impacts of the proposed 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 Page 10 of 12 155/332 Mr. Joe Power July 7, 2016 Page 5 (d) Existing traffic plus ambient growth to the year the project will be completed; (c) 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 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 Highivay 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. 4.3 Provide recommended mitigation measures which may include intersection and/or signalization improvements, striping modifications, the addition of auxiliary turn lanes, traffic controlllimitations at site access points, sight line characteristics, left -turn 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 CMP criteria, calculate the project's fair -share 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 plait and provide recommendations regarding site access and circulation. Prepare AM and PM peak hour LOS calculations at the projcct drivoway(s). 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 Page 11 of 12 156/332 Mr. Joe Power July 7, 2016 Page 6 driveways with respect to existing (conflicting) driveways, striping configurations, and median modifications, if any. Task 6: Prenaration of the Traffic Impact Study 6.1 Prepare a draft traffic impact study in report format, consistent with the Traffic Impact Study Guidelines for Development Projects in the City of Chino Hills that details all of the above -mentioned items, our analysis, findings and conclusions. The draft report wlll be suitably documented with tabular, graphic and appendix materials. The draft traffic study will be submitted for your, review and review by appropriate members of the project team, as well as City staff. 6.2 If necessary, revise the draft report based on project team and City comments and submit a final traffic report to Rincon Consultant, Inc. for inclusion into the project's Draft Mitigated Negative Declaration (MND). The final traffic report will be suitably documented with all tabular, graphic and appendix materials. Task 7: Attendance at Meetinas 7.1 This proposal assumes preparation for and attendance by LLG at one (1) project team and/or City meeting. This proposal allocates three (3) hours by the Principal Engineer at each of these meetings. 7.2 This proposal assumes preparation for and attendance by LLG at up to two (2) public hearings at the City of Chino with the Planning Commission. This proposal allocates five (5) hours by the Principal Engineer at each of these meetings. FEE ESTIMATE We estimate that our fee for the services outlined above in Tasks t through 7 will not exceed $11,250.00 without your prior authorization. Our fees will be billed monthly on a time -and -reimbursable expense basis according to the attached Fee Schedule, We estimate that our fee for the preparation of the Traffic Impact Study (Tasks 1 through 6, including the traffic count program identified in Tasks 2.4 and 2.5) will not exceed $7,850.00. For Task 7, we request a budget of $3,400.00 for the one (1) meeting with the project team and/or City staff and two (2) public meetings. Page 12 of 12 157/332 I Proposal for Coptic Orthodox Church Environmental Review 4. Cost Our fee to complete the scope of work described above, which includes an Is and MND, Is $53,060, as detailed In the following table, This includes the cost to complete an IS and to process an MND, Including all required CEQtA notices and mailings. If the IS determines that an EIR Is required, we will negotiate a scope and fee for the EIR at that time. The cost to prepare an EIR would depend on which Issues are determined to have potentially significant impacts and require further analysis in the EIR. City of Chino Hills Coptic Orthodox Church Environmental Review and Technical Studies Cost Estimate 71a201e Tasks Cost 1. KlckoftMeeling $t,650 2. Adminlstralhe Draft fS Atr Quarrty $1.825 Biological Rasouices $3,440 Cultural Resaaices $2,900 Notre $2,305 Other CEQA Ch6ckilst issue Areas (13) $7,360 4. Pubilo Review Draft IS-MND $2,680 5. FinalIS•MND Responses to Comments $2,820 Mtigaltan Marutading and Reporting Pmgram $750 Final IS-MND Publicadon $1,050 6. Project Management Meating (1) and PublIa Hearings (2) $4,950 I. Notices and Malungs $570 7.1 fV0 EtreC{Kith CDFN! $705 Project Management ' $$480 Subtotal Labor.' $18.385 Additional Costs unscolt Law & Greenspan (Trattic impact Analysis) *11,260 Printing: Adminrsimihe Draft is-MNO (6 copies) $150 Draft 18-MND (22 copies) $990 Draft 18-MND (10 CDs) $225 Final 13-MNO (6 copies) 63M Final IS-MND (6 CDs) $75 Notices and Mailings $226 Supplies, Mileage and Miscellaneous Expenses $1,612 General and Adminlslrathe $1,948 Subtotal Additional Costs: $16,676 TOTAL LA13OR PLUS ADDITIONAL COSTS 4 3,060 r Pollean Rlncon Consultan s Labor Principall Sanlor5tuf Pro►.Stalr Geaphles Crerleal Hours S195MOur $13whour ;140rhour Whour $75lhour 10 6 6 16 1 2 to 1 1 28 1 8 16 2 1 24 1 4 16 2 i 19 1 2 14 1 S 60 4 12 36 4 4 20 4 4 8 4 20 4 8 6 0 2 4 10 2 4 4 30 15 15 S 2 4 i 2 2 24 6 12 4 272 46 so 118 10 24 Page 1 of f City of Chino kills 158/332