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08-09-2016 CC Rpt 18COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: August 9, 2016 Item No.: 18 Public Hearing: ❑ Chiof Discussion Item: ❑ Chino Hills Consent Item: X . .. . ...... I . ............................................................. August 2, 2016 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DOCUMENTATION AND SUPPORTING TECHNICAL STUDIES FOR THE MORNINGFIELD ESTATES PROJECT RECOMMENDATION: Authorize the execution of a new Professional Services Agreement with Dudek in an amount of $44,500 to prepare CEQA documentation and related technical studies for the proposed Morningfield Estates Project located on the south side of Morningfield Drive between Peyton Drive and Champion Street. BACKGROUNDIANALYSIS: The proposed project consists of approximately 1.32-acres of vacant property, which will be subdivided into seven (7) lots, including two (2) flag lots, for semi -custom single- family homes. The lots will range from 7,206 square feet to 9,094 square feet. The subject property was originally planned to be utilized as future surplus parking for the existing Lutheran Church located southeast of the project site. The Lutheran Church sold the project site as they no longer anticipate the need for surplus parking for their existing operation. Dudek 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. A traffic study for the project will be prepared by Linscott Law & Greenspan under a separate contract: • Air Quality Study (including Greenhouse Gas Emissions analysis) • Biological Resources Assessment • Cultural Resources Assessment • Noise and Acoustic Study If the Initial Study concludes that the proposed project would result in significant impacts 159/332 AGENDA DATE: AUGUST 9, 2016 PAGE 2 SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DOCUMENTATION 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 Dudek has committed to completing the Initial Study, the technical studies and an MND for an amount not -to - exceed $44,500. Dudek was the only consultant that submitted a proposal 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. Dudek has a high level of experience and expertise with preparing related environmental documents. Their proposed cost is competitive and consistent with the cost for recent environmental reviews in the City by other consultants. 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., "CEQX) 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 Morningfield Estates 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 Dudek will be reimbursed to the City by the project developer through Trust Deposit Accounts. This agreement will be in an amount of $44,500. Respectfully submitted, Recommended by: Konradt Bartlam, City Manager Joann Lombardo Community Development Director KB:JL:YM:KP Attachment: Professional Services Agreement 160/332 AGREEMENT NO. A2016- FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND DUDEK 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 Dudek 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 under Consultant's exclusive direction and control. Neither City nor any of its -1- 161 /332 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- 162/332 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 $44,500.00, 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- 163/332 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- 164/332 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 seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to Interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors sloes 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. 165/332 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 166/332 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, "lndemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, MAE 167/332 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 Reaulrements. 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 MOM 168/332 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 A:VII. 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 169/332 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, (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 Liabilltv 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 --10- 170/332 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 insurers 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 Emplover's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other 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- 171 /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. NON DISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not 172/332 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. 1& 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 173/332 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: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: Collin Ramsey Dudek 31878 Camino Capistrano #200 San Juan Capistrano, CA 92675 -14- 174/332 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 -- 175/332 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- (Signature) (Title) 176/332 CERTIFICATE OF SECRETARY OF DUDEK, A CALIFORNIA CORPORATION Corporate Officers The undersigned Secretary of Dudek, a California Corporation, ("the Corporation") hereby certifies that the following is a true and correct copy of a resolution adopted by the Board of Directors of the Corporation at a meeting duly noticed and convened on December 9, 2015 Resolved that the following be and hereby are elected as corporate officers of Dudek for 2016; a PresidentICEO o Executive VP and Secretary a CFOITreasurer/Asst. Secretary a V.P. Hydrology o V.P. Engineering * V.P. Environmental/Asst. Secretary e Assistant Secretary June Collins Secretary, Dudek Date: i-L Frank Dudek June Collins Dave Carter Peter Quinlan Bob Ohlund Joe Monaco Michael Metts 177/332 EXHIBIT A SCOPE OF WORK The City has indicated that preparation of an Initial Study (IS) supporting a mitigated negative declaration (MND) would likely be the appropriate CEQA approach for the proposed project, although the City has also acknowledged that an environmental impact report (EIR) may ultimately be required should there be any unforeseen environmental effects that are identified during preparation of the 1S/MND. As such, we have provided a scope of work for an IS/MND and supporting technical studies. As stated In the City's Request for Proposals, should the findings of the IS/MND or technical studies determine that an ElR is necessary, Dudek will work with the City to augment this scope of work. Task 1: Technical Studies and Analyses Task 9. 1: Air Quality and Greenhouse Gas Emissions Assessment Air Quality An assessment of the combined air quality impacts of both the residential and church components will be conducted using the significance thresholds set forth by the CEQA Guidelines and the South Coast Air Quality Management District (SCAQMD). The air quality assessment will briefly describe current air quality conditions and recent trends in the South Coast Air Basin and project area based on California Air Resources Board air quality monitoring data summaries. Federal, state, and local regulatory agencies responsible for air quality management will be identified, and applicable air quality policies, regulations, and standards will be summarized. Emissions associated with the construction phase of the proposed project will be estimated using the California Emissions Estimator Model (CaIEEMod) land use and air emissions model. Analysis of short-term construction emissions will be based on scheduling information (e.g., overall construction duration, phasing, and phase timing) and probable construction activities (e.g., construction equipment type and quantity, workers, and haul trucks) developed by the project applicant and/or through the use of standardized approaches. The significance of the construction emissions will then be evaluated based on the SCAQMD's significance criteria. The SCAQMD also recommends that a project's construction emissions be assessed using the SCAQMD's localized significance thresholds. The localized significance thresholds are intended to assess whether development of a project would cause or contribute to exceedances of ambient air quality standards at sensitive receptors near the project site, primarily related to carbon monoxide, oxides of nitrogen, and particulate matter emissions generated during construction. For projects with a total site area of 5 acres or less, the assessment may use a simple "lookup table" approach provided by 178/332 the SCAQMD. Because the project site is less than 6 acres, conformance with the localized significance thresholds will be determined using the lookup tables, and construction emissions estimates will be determined using CalEEMod. The long-term operational analysis will quantify mobile -source emissions created by project -generated traffic and potential area -source emissions caused by operation of the proposed project using CalEEMod. Estimated mobile emissions will be based on the data presented in a traffic study prepared for the proposed project or on CaiEEMod default trip generation rates for asimilar land use. Estimated operational emissions will be compared to the SCAQMD's significance thresholds. Greenhouse Gas Emissions The greenhouse gas (GHG) emissions assessment will include a brief description of global climate change and a summary of key applicable regulatory measures. Applicable federal and state regulatory requirements (e.g., Assembly Bill 32, SCAQMD, California Air Resources Board thresholds) will be evaluated, along with applicable GHG emissions associated with heavy-duty equipment combustion that will likely occur during the various phases of construction. Data available from the project team and technical air quality analysis will be used to characterize GHG-generating activities. The increase in applicable GHG emissions associated with long-term mobile -source activities will also be evaluated. Data available from the air quality analysis and the traffic study will be used in calculating the emissions inventory. The emissions evaluation for short-term construction, long-term mobile -source activities, and long-term stationary -source activities will consider project design and mitigation measures that have the potential to reduce GHG emissions. It is anticipated that the SCAQMD's numeric screening thresholds will be used to determine the proposed project's potential impacts. Deliverables: + Air quality and GHG emissions analysis included in the IS/MND o Air quality and GHG emissions modeling outputs appended to the IS/MND Task 9.2: Biological Resources Assessment Dudek will review available relevant literature and data on sensitive habitats and species distribution to determine those resources that have the potential for occurrence within approximately 100 feet of the project site (i.e., the study area). All appropriate and available biological documentation, surveys, published research, and maps will be compiled, reviewed, and analyzed. At a minimum, such documentation will include listings for threatened and endangered species, California Natural Diversity Database information regarding sensitive species and habitats known to occur in the region, and previous technical reports. 179/332 Following the literature review, Dudek biologists will conduct a general survey of the study area to identify existing biological resources. Land covers and vegetation communities will be classified and mapped in the field directly onto a 2,400-scale (1 inch = 200 feet) aerial photographic base and later digitized into a GIS format using ArcGIS software, During the field survey, a general inventory of plant and wildlife species detected by sight, calls, tracks, scat, or other sign will be compiled, as will a determination of potential sensitive species that could occur within the study area, Based on the limited biological resources in the project vicinity, Dudek does not believe that a formal jurisdictional wetlands delineation or focused special -status species surveys will be required to make the necessary determinations regarding the significance of impacts under CEQA. In the event that potential jurisdictional waters and/or federally or state -listed species are detected within the study area, Dudek will work with the City to augment this scope of work. The results of the literature review and field reconnaissance will be summarized in a brief technical letter report, The letter report will describe the existing conditions of biological resources within the study area in terms of vegetation, flora, wildlife, and wildlife habitats; discuss potential impacts to biological resources that would result from the proposed project; and recommend mitigation measures for potential impacts to special -status biological resources, if necessary. Graphics will be prepared to illustrate the location of the project site, the study area, the existing biological conditions, and the proposed project's impacts. All plant and wildlife species encountered and identified will be listed in appendices to the letter report. Deliverables: Biological resources analysis included in the lS/MND Biological resources records search results and plant/wildlife compendium appended to the lS/MND Task 9.3. Cultural Resources Records Search and Assessment Records Search Dudek will conduct a California Historical Resources Information System records search of the project area and a 1-mile radius at the South Central Coastal Information Center, which houses cultural resource records for San Bernardino County. The purpose of the records search is to identify any previously recorded cultural resources that may be located within the project area. In addition to a review of previously prepared site records and reports, the records search will also review historical maps of the project area; ethnographies; the National Register of Historic Places; the California Register of Historical Resources; the California Historic Property Data File; and the lists of California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility. 180/332 Native American Coordination Dudek will contact the California Native American Heritage Commission (NAHC) for a review of its Sacred Lands File. The NAHC will determine whether any NAHC-listed Native American sacred lands are located within or adjacent to the project area. In addition, the NAHC will provide a list of Native American representatives who should be contacted for additional information. Dudek will prepare and mail a letter to each of the NAHC-listed contacts, requesting that they contact us if they know of any Native American cultural resources within or immediately adjacent to the project area. The proposed project is subject to compliance with Assembly Bill 52, which requires lead agencies to provide tribes (who have previously requested notification) with early notification of the proposed project, and, if requested, provide consultation to inform the CEQA process with respect to tribal cultural resources. Assembly Bill 52 is a government -to -government process between the CEQA lead agency and California Native American tribes; as such, Dudek assumes that the City will conduct all consultation -related tasks, including notification and responding to any comment letters pursuant to Assembly Bill 52 requirements. Pedestrian Survey Upon completion of the records search, Dudek will survey the project area for cultural resources. The survey will require no more than one cultural resources specialist working no more than 4 field hours to complete. Dudek assumes that the survey will be negative for archaeological resources (i.e., no newly discovered archaeological resources will be encountered and no previously recorder) resources will require updates). No artifacts, samples, or specimens will be collected during the survey. Should any resources be encountered during the survey requiring recordation, we will work with you to augment this scope of work and associated costs. Cultural Resources Letter Report Dudek will prepare a cultural resources letter report that will summarize the results of the records search, Native American coordination, background research, cultural resources survey, and property significance evaluations. The report will include a brief project description, regulatory framework, all sources consulted, research and field methodology, setting, and findings. Deliverables: • PDF of the draft cultural resources letter report PDF of the final cultural resources letter report 181 /332 Task 1.4: Noise and Vibration Assessment Dudek will conduct a technical noise and vibration assessment for the residential and church components. The analysis will address potential noise impacts from construction of the proposed project at adjacent noise -sensitive receivers, project -related traffic noise at nearby receivers, and off -site traffic noise at the future on -site land uses. A field noise study will be conducted to measure existing on- and off -site noise conditions. Sound -level data will be collected over 1 D- to 15-minute periods at two on - site locations, as well as at two nearby noise -sensitive land uses. Potential impacts at nearby noise -sensitive land uses from excavating, grading, and construction noise/vibration will be evaluated based on typical construction activities associated with similar development projects and noise modeling methods developed by the Federal Highway Administration. Increases in on -site operational noise at nearby noise -sensitive land uses from heating, ventilation, or air conditioning equipment will also be addressed. Long-term (operational) noise effects from project -related traffic on the local roadways will be evaluated using the Federal Highway Administration's Traffic Noise Model (TNM) version 2.5. Additionally, the effects of off -site traffic noise on the proposed project's - future residents and classrooms will be evaluated to determine compliance with City interior noise standards. if noise impacts are identified, mitigation measures will be developed and recommended to comply with the City's noise ordinance. The significance of noise and vibration impacts will be assessed based on the relevant City, state, and federal thresholds. If significant impacts are identified, mitigation measures to reduce impacts will be recommended. The noise study methodology, regulatory background, existing conditions, noise impacts, and mitigation measures will be summarized in the IS/MND. Deliverables: o Noise and vibration analysis included in the IS/MND Y Noise and vibration modeling outputs appended to the IS/MND Task 2: Preliminary Draft 1S/MND Consistent with both the CEQA Guidelines Appendix G Environmental Checklist and the City's local CEQA implementation guidelines, Dudek will prepare one preliminary draft version of the IS/MND for review and comment by the City. The Preliminary Draft ISIMND will identify potentially significant environmental impacts associated with the proposed project, and, if required, feasible mitigation measures recommended to reduce adverse impacts to less than significant. Environmental setting, impact analyses, and substantiating documentation will be provided to support all responses and conclusions, including the inclusion of concise tables and high -quality, full -color figures. All environmental impact areas outlined in Appendix G of the CEQA Guidelines will be 182/332 discussed and analyzed. The findings of all technical studies prepared by Dudek (see Task 1) and the City's traffic consultant will be summarized and incorporated into the Preliminary Draft IS/MND to support the significance determinations. Following one round of review of and comment on the Preliminary Draft ISIMND by the City, we will make one round of revisions, as required. It is our intent that these revisions will satisfactorily address all prior comments on the Preliminary Draft IS/MND, and no further review will be required. This revised version of the Draft IS/MND will serve as the final version of the document ready for public circulation. Deliverables: i PDF of the Preliminary Draft IS/MND and technical appendices Five bound hard copies of the Preliminary Draft IS/MND (with CD of appendices affixed to back cover) Task 3: Draft ISIMND Dudek will finalize the public review version of the Draft IS/MND and publicly distribute the document to the County Clerk, State Clearinghouse (if applicable), responsible and trustee agencies, surrounding jurisdictions, and other interested parties pursuant to the distribution list prepared by the City. Hard copies of the Draft IS/MND, unless otherwise specified below, will include technical appendices on a CD affixed to the back cover of the document. Dudek will distribute the deliverables via U.S. Postal Service certified mail and/or FedEx overnight service, and will include the Notice of Intent to Adopt a Proposed MND and Notice of Completion, both prepared by Dudek. We will also create an optimized, web -ready PDF of the Draft ISM ND for the City to post online. For the purposes of this scope of work, it is tentatively assumed that: the Draft 1S/MND will not need to be sent to the State Clearinghouse for distribution to and review by applicable state resource agencies, as the proposed project is not expected to impact any state resources. The minimum public review period for a Draft IS/MND sent to the State Clearinghouse is 30 days. If the City concludes that the proposed project would not result in environmental impacts to resources managed by state agencies, then the City, as lead agency, can determine that the Draft IS/MND need only be locally circulated, and the public review period can be shortened to a minimum of 20 days. Deliverables: • PDF of the Public Review Draft ISIMND and technical appendices Twenty-one bound hard copies of the Public Review Draft ISIMND (with CD of technical appendices affixed to back cover) One unbound hard copy of the Public Review Draft ISIMND and technical appendices 183/332 • Fifteen CDs of the Public Review Draft IS/MND and technical appendices • PDFs of the Notice of Intent and Notice of Completion Task 4: CDFW No Effect Determination Form For the assessment of CEQA filing fees, a project that causes any disturbance to the habitat on which fish and wildlife may depend, or that causes direct harm to fish and wildlife, is considered to have an effect on fish and wildlife. A filing fee is required regardless of project size, magnitude of the effect, or whether the effect on the environment is considered positive or negative (14 CCR 753.5(d)). Lead agencies or project applicants that anticipate their project having no effect on fish and wildlife may request a No Effect Determination (NED) from the California Department of Fish and Wildlife (CDFW). Requests should be submitted when the CEQA document is released for public review, should include sufficient documentation to support a NED, and must be submitted to the appropriate CDFW Regional Office. After receipt of the NED form, CDFW may determine that a project would have no effect on fish and wildlife if all of the following conditions apply: • The project would not result in or have the potential to result in harm, harassment, or take of any fish and/or wildlife species. • The project would not result in or have the potential to result in direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species. • The project would not result in or have the potential to result in the removal of vegetation with potential to support wildlife. • The project would not result in or have the potential to result in noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a distance. • The project would not result in or have the potential to result in any interference with the movement of any fish and/or wildlife species. Dudek will prepare a draft NED form for review prior to submittal to CDFW. The intent of the NED form will be to help CDFW staff determine that because of the infill nature of the -proposed project and the highly developed character of the broader project area, implementation of the project would not result in or have the potential to result in harm, harassment, or take of any fish and/or wildlife species, nor would it result in or have the potential to result in direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species. 184/332 Deliverables: • PDF of draft NED form a PDF of final NED form Task 5: Responses to Comments and Final IS/MND Dudek will provide responses to comments from all agency and public comments that raise substantive environmental issues associated with the Draft IS/MND. The responses will be thoughtful and thorough, and will be provided as part of the Final IS/MND. Based on the nature of the proposed project and the proximity to potential stakeholders, it is anticipated that up to 10 comments will be received by the City in relation to the proposed project (note that a single comment letter may include several comments). If an irregular/unanticipated number of comments are received beyond the number identified herein, we will work with you to revise our scope of work. Dudek will prepare a mitigation monitoring and reporting program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures recommended in the IS/MND. This comprehensive MMRP will provide the City with a single source of reference to the full range of mitigation measures to be implemented to ensure achievement of the impact avoidance envisioned in the IS/MND. For each measure or group of similar measures, the party or parties responsible for ensuring proper implementation will be identified, along with the timing and method of verification. The comment letters and responses; MMRP, preface; and, if applicable, a discussion of any minor edits made to the Draft IS/MND as a result of comments, will constitute the Final IS/MND. Following one round of the City's review, we will finalize and mail the Final IS/MND to any party who previously provided comments on the Draft IS/MND. Deliverables: e PDF of the Final IS/MND • Five bound hard copies of the Final ISIMND (with CD of technical appendices affixed to back cover) a One unbound hard copy of the Final Draft IS/MND and technical appendices a Five CDs of the Public Review Draft IS/MND and technical appendices Task 6: Project Management, Meetings, and Hearings The Dudek project manager will attend one project kickoff meeting with the City to discuss the proposed project and the overall CEQA process, receive updated project plans, identify any outstanding data needs, establish internal communication protocols, and refine the project schedule. In addition to the initial kickoff meeting, the Dudek project manager will prepare for and attend one internal City meeting; one community 185/332 meeting; and one public hearing where the IS/MND will be considered for approval by the City's Planning Commission and City Council. This task also includes time for the Dudek project manager to oversee the ISIMND's budget, scheduling, and implementation, as well as organizing and overseeing preparation of the document. The project manager will be responsible for facilitating completion of each task order on time and within the contracted budget while verifying that the product meets the City's needs, The project manager will track the budget, schedule, and scope of work to facilitate efficient use of resources. Deliverables; * Ongoing project management tasks Preparation for and attendance at one project kickoff meeting (assumed to be up to two hours), one internal City meeting (assumed to be up to two hours), one community meeting (assumed to be up to three hours), and one public hearing (assumed to be up to three hours) Task 7: Notice of Determination Consistent with CEQA Guidelines Section 15075, Dudek will prepare and file a Notice of Determination (NOD) with the San Bernardino County Clerk within 5 working days of the City's approval of the proposed project. As a local agency, the City needs only to file the NOD with the county, unless the proposed project requires approval from a state agency, in which case the NOD must also be filed with the State Clearinghouse. Along with the NOD, CDFW CEQA filing fees (if applicable) will need to be paid to the County Clerk at the same time that the NOD is filed. We assume that we will be provided with a check for these fees (currently $2,210.75 for an MND) by the City at the same time that the proposed project is approved. The estimated fees assumed for the scope of work outlined herein do not include these CEQA filing fees. Deliverables: • Preparation and filing of the NOD with the County Clerk (and possibly also the State Clearinghouse) SCHEDULE Table 1 presents the proposed work schedule for the lS/MND. This schedule assumes that the City will issue a formal Notice to Proceed and provide the traffic impact study by mid -July 2016. The following schedule takes into account the City's entitlement objective of receiving project approval by the end of the 2016 calendar year, and also takes into account internal and public review of the document. 186/332 Table 1 Tentative Schedule I _ Task. - -- Task 1.1: Air Quality and Greenhouse Gas Emissions Assessment Task 1.2: Biological Resources Assessment Task 1.3: Cultural Resources Records Search and Assessment Task 1.4: Noise and Vibration Assessment Task 2: Preliminary Draft IS/MND Task 3: Draft IS/MN❑ Task 4: CDFW No Effect Determination Form Task 5: Responses to Comments and Final IS/MND Task 6: Project Management, Meetings, and Hearings Task 7: Notice of Determination Tentative Date of Completion:' Mid -August 2016 Mid -August 2016 Late August 2016 Mid -August 2016 Late August 2016 Mid -September 2016 -- mid -October 2016 (assumes 30-day public review period) Mid -September 2016 Late October 2016 Mid/Late November 2016 (Planning Commission hearings heldlst and 3rd Tuesday of each month) Within 5 working days of project decision/approval Assumes receipt of formal Motice to Proceed and traffic Impact study by mid -July 2016. 187/332 EXHIBIT B FEES The estimated fees to prepare the CEQA documents outlined in the preceding scope of work are presented in Table 2. As provided in Table 2, Dudek proposes a time -and - materials, not -to -exceed fee of $44,600 to complete the tasks required for the ISIMND. The total cost included in this proposal covers the scope of work described in the previous paragraphs, as well as all travel, printing, and associated expenses. Due to potentially dynamic project considerations, including environmental occurrences, changes in the project description, and/or modifications in public/private policy, Dudek reserves the right to shift funds among individual task budgets according to specific needs. Table 2 Estimated Fees Task= .: Task 1.1: Air Quality and Greenhouse Gas Emissions Assessment Task 1.2: Biological Resources Assessment Task 1.3: Cultural Resources Records Search and Assessment Task 1.4: Noise and Vibration Assessment Task 2: Preliminary Draft IS/MND Task 3: Draft IS/MND Task 4: CDFW No Effect Determination Form [ Task 5: Responses to Comments and Final IS/MND Task 6: Project Management, Meetings, and Hearings Task 7: Notice of Determination Total Professional Labor (plus other direct costs) Estimated Fee' $5,520 $4,135 $3,075 $6,055 $12,080 $4,580 $960 $4,640 $2, 920 $535 $44,600 9 Excludes the CDFW fees (If applicable) paid during fling of the Notice of Determination with the County Clerk. 188/332