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Chambers Group, Inc. A2017-186C4 UL1,0 11A June 7, 2018 Chambers Group, Inc. Attn: Priya Sivadas 5 Hutton Centre Drive, Ste. 750 Santa Ana, CA 92707 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 WWW. n&dM . ON RE: Extension of Termination Date for Agreement A2017-186 Amendment to Environmental Review for Site Plan Amendment Rincon Dear Ms. Sivadas: On August 8, 2017, the City Manager of the City of Chino Hills, authorized execution of Agreement No. A2017-186, with Chambers Groups, Inc. for Amendment to Environmental Review for Site Plan Amendment Rincon. This letter serves as notification that the termination date has been extended until June 30, 2019. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Yvette Brunetto at (909) 364-2783. Sincerely, 7t ��� Konradt Bartlam City Manager KB:wg cc: City Clerk's Office Finance Department Community Development Department Cl� eawd. - Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers AGREEMENT NO. A2017- 186 FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND CHAMBERS GROUP, INC. THIS AGREEMENT, made and entered into this 8th day of August, 2017, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and CHAMBERS GROUP, 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 9, 2017. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be -1- under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. 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 staffassigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. -2- 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. Total compensation shall not exceed $ 35,978. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided -3- in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on June 30, 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- } data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. -5- Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or -6- firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written { consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, -7- levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the 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 fi by the negligent or wrongful acts or omissions of Consultant, its agents, officers, fi directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's sole negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or -8- damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 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 -9- 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 Liability and Automobile Liability Coveraqes. (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- 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 Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The -11- certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or 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- 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- 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 j 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 -14- Consultant. Attention: Priya Sivadas/Mike McEntee Chambers Group, Inc. 5 Hutton Centre Drive, Suite 750 Santa Ana, CA 92707 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- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. C� Y OF CHINO HILLS CHAMBERS GROUP, I ------,,,,---- (....„ //4iiiik / R.Onarquez (Signature) Mayor (____ - ATTEST: (Title) IPS_ -=5"-k ,„,..„. ,, 14 ,t,;:i6.4.\___, Cheryl Ba gilb ( i nature) City Clerk APPROVED AS TO FORM: V:U r/LPS,-,,Lir (Title) k D. Hensley City Attorney -16- EXHIBIT A SCOPE OF WORK Chambers Group will commence work on this proposed project as soon as we receive written notice to proceed (NTP). We will accomplish the scope of work as described on the following pages. All work completed on the proposed project will be conducted consistent with the requirements of Environmental Study Guidelines presented on the City's website. TASK 1: PROJECT INITIATION Task 1.1: Initial Meeting and Data Acquisition After receiving the NTP, Chambers Group's Project Manager will meet with representatives from the City at a Project Initiation/Kick-Off Meeting to discuss the amendments to the approved Site Plan, redefine the project description, schedule, as well as receiving any additional new project information. Our Project Manager will also revisit the project site and surroundings and make a photographic record to document and update the existing conditions. Following the review of existing data, any gaps in the data and recommendation for correcting the gaps would be discussed with the City. Chambers Group will work closely with the City to determine what additional data must be collected in support of the CEQA document being prepared. It is assumed that Chambers Group can use these documents in the analysis of the project. Task 1.2: Revised Project Description Chambers Group will develop a revised project description that will form the basis for the analysis in determining if new significant environmental impacts may arise with the proposed project changes. The revised description will be based on the information provided by the City. The revised project description will summarize the amendments to the project, identify changes to the site plan (square footage, site uses, and parking), an updated narrative and graphical presentation of the proposed project, including components, location and boundaries, regional and vicinity maps, and a statement of the project goals and objectives. Deliverables: ■ Chambers Group will submit one (1) electronic copy of the project description in Microsoft Word and PDF format for review and approval by the City. Page 1 of 9 Ik� ft TASK 2: PREPARE TECHNICAL STUDIES Technical studies/analyses were prepared during the preparation of the IS/MND for the original Site Plan Review No. 15SPRO3. No new significant impacts are anticipated for the study with regards to Biological Resources and Cultural Resources. Chambers Group has technical staff available if additional analyses for these areas are required; and separate scopes and costs can be provided upon request. Areas that may require an updated analysis based on the project changes will include Air Quality, Greenhouse Gases, Noise and Acoustic Study, and Traffic Impacts. Based on email correspondence, Linscott, Law, and Greenspan is contracted with the City to provide updated traffic analysis and traffic counts for the amended project. Vista Environmental will prepare revisions or updates to the previously prepared appendices for air, greenhouse gas, and noise analyses to assess the revised project description that includes an additional 38,204 square feet of building space and the addition of new commercial uses including a daycare and general office uses. Results of the studies will be incorporated in the draft Addendum, or Subsequent IS/MND. To this end, the following specific revisions or updates are expected to be required to the respective technical studies: Task 2.1: Revisions to the Prior Air and Greenhouse Analysis • Update Section 1.2 to detail the new homes being constructed adjacent to the project site on the northwest side of Soquel Canyon Parkway. • Update Section 1.3 to detail the new project description. Plus provide details of how the proposed project has been revised from the original approved project. • Update Section 3.1 Regulatory Setting with any new international, federal, state, and SCAQMD, rules and regulations that have occurred since the Prior Air Analysis was prepared. • Update Section 4.2 with the monitored air quality data for the years 2015 and 2016. • Update Section 7.2 Air Quality Compliance to confirm if the project consistency analysis with the Air Quality Management Plan (AQMP) is still consistent with the proposed project and provide a short discussion detailing how the proposed project compares with the original project impacts. • Update Section 7.3 Air Quality Standard Violations through quantifying regional criteria pollutant emissions associated with each phase of construction activities for the proposed project utilizing the CaIEEMod Model. Compare the proposed project's construction-related regional criteria pollutant emissions to the SCAQMD thresholds. Also, update the local criteria pollutant analysis based on Page 2 of 9 the new CaIEEMod model results. Provide a short discussion detailing how the proposed project compares with the original project impacts. • Update Sections 7.4 Cumulative Net Increase in Non-Attainment Pollution, 7.5 Sensitive Receptors, and 7.6 Objectionable Odors by providing qualitative discussions of how the proposed project compares with the original project impacts. • Update Section 7.7 Generation of GHG Emissions through utilization of the CalEEMod model run above for the criteria pollutant analysis and re-run for GHG emissions for both business-as-usual (BAU) year 2007 (2010) and year 2020 and determined the percent reduction over BAU conditions. Compare the project GHG emissions to the City of Chino Hills targets provided in the Regional GHG Reduction Plan (SANBAG, 2104) that requires a 20 percent reduction in GHG emissions between years 2007 and 2020. Provide a short discussion detailing how the proposed project compares with the original project impacts. • Update Section 7.8 Greenhouse Gas Plan Consistency by providing qualitative discussions of how the proposed project compares with the original project impacts. • Revise the Prior Air Analysis documenting the results of the study. The report will incorporate the results of the previous work tasks. Task 2.2: Revisions to the Prior Noise Analysis • Update Section 1.2 to detail the new homes being constructed adjacent to the project site on the northwest side of Soquel Canyon Parkway. • Update Section 1.3 to detail the new project description. Plus provide details of how the proposed project has been revised from the original approved project. • Update Section 6.2 Operations-Related Noise Methodology to include any revised average daily traffic volume numbers from the LLG Traffic Study. • Update Section 7.2 Generation of Noise Levels in Excess of Standards, to calculate the new stationary noise sources associated with the proposed project (i.e., noise sources associated with a pre-school) and also include the new homes being constructed on the northwest side of Soquel Canyon Parkway as one of the sensitive receptors being analyzed under the Noise Impacts to Offsite Sensitive Receptors. For the Noise Impacts to Proposed Onsite Sensitive Receptors Section add an analysis of the Daycare Playground to this Section. Add a discussion of how the proposed project compares with the original project impacts. Page 3 of 9 • Update Section 7.3 Generation of Excessive Vibration to include construction and operational vibration impacts to the homes being constructed on the northwest side of Soquel Canyon Parkway. Add a discussion of how the proposed project compares with the original project impacts. • Update Section 7.4 Permanent Noise Level Increase through re-running the FHWA-RD-77-108 model with the new traffic volumes and possibly new analyzed intersections provided by LLG. Add a discussion of how the proposed project compares with the original project impacts. • Update Section 7.5 Temporary Noise Level Increase through re-running the RCNM model with incorporation of the homes being constructed on the northwest side of Soquel Canyon Parkway as a new sensitive receptor. Add a discussion of how the proposed project compares with the original project impacts. • Update Section 7.6 Aircraft Noise by providing qualitative discussions of how the proposed project compares with the original project impacts. • Revise the Prior Noise Analysis documenting the results of the study. The report will incorporate the results of the previous work tasks. TASK 3: PREPARATION OF THE INITIAL STUDY /MITIGATED NEGATIVE DECLARATION (IS/MND) Consistent with the Request for Proposals (RFP), the tasks below provide an outline in preparing two options: an addendum to the Initial Study/Mitigated Negative Declaration (IS/MND) or a subsequent IS/MND. Determination of the appropriate CEQA review will be done by the City after submittal of the proposal. If it is determined that an 1 Environmental Impact Report (EIR) would be required, a separate cost and scope can be submitted. Task 3.1: IS Checklist Chambers Group will evaluate the resource areas discussed in the IS checklist based on the proposed amendments to the project. Chambers Group will verify if any of the conditions listed in the CEQA guidelines Section 15162 (provided below) are met. (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental Page 4 of 9 effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If the above conditions are not met and it is determined in coordination with the City that changes to the project are minor, Chambers Group will prepare an addendum to the certified IS/MND. The Addendum will not need to be circulated for public review but should be included with the adopted IS/MND in the administrative record. If the above conditions are met, Chambers Group will proceed in preparing a Subsequent IS/MND for circulation. Each of these options are described in the scopes of work below. IS/MND Addendum Option The proposed revisions to the project, including the additional square footage totaling over 25% of the previously approved project, would likely not be considered "minor technical changes or additions". Therefore, in order to process the changes using an Addendum, it is critical that the conditions in CEQA Guidelines Section 15162 necessitating a subsequent MND are not met. These are described in detail below. Task 3.2. Preliminary and Draft IS/MND Addendum The Preliminary and Draft IS/MND Addendum will include the revised project description, a summary of the environmental analysis from the previous IS/MND, and the revised analysis based on the updated technical studies. Chambers Group will provide substantial qualitative evidence to support the determination that an Addendum is the appropriate CEQA document including the following: Page 5 of 9 • There are no substantial changes to the proposed project which will require major revisions of the previous IS/MND due to involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects • There are no substantial changes in circumstances due to involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects • There is no new information indicating that there would be no new significant impacts or a substantial increase in the severity of any previously disclosed significant impacts which would require major revisions to the Final MND. Each resource area will be reviewed to verify that the conditions above are not met, and that impact analysis conclusions remain unchanged. When appropriate, any changes in the analysis resulting from the proposed amendments will be identified. Chambers Group assumes one (1) round of review for the preliminary draft IS/MND addendum and one (1) round of review for the draft IS/MND addendum. Deliverables: • Chambers Group will submit five (5) bound copies of the preliminary Draft IS/MND addendum with technical studies for review and approval by the City. Chambers Group will also provide the City with electronic copies of the preliminary Draft IS/MND addendum in Microsoft Word and PDF format. It is assumed one (1) set of comments will be received from the City and Chambers Group will incorporate these comments into the Draft IS/MND. • After incorporation of comments and edits of the preliminary IS/MND addendum, Chambers Group will submit one unbound, 21 bound, and 15 CD copies with revised technical studies of the Draft IS/MND addendum. Chambers Group will also provide the City with electronic copies of the Draft IS/MND addendum in Microsoft Word and PDF format. Task 3.3 Final IS/MND Addendum and MMRP After the City's second round of review of the Draft IS/MND addendum, Chambers Group will respond to the comments and make the necessary changes and prepare the Final IS/MND Addendum to be included with the adopted IS/MND for the previously approved site plan. A Notice of Determination (NOD) will not be prepared under this task as it is not required in preparation of an addendum Prepare Mitigation Monitoring and Reporting Plan: Following preparation of the MND Addendum, Chambers Group will prepare an updated Draft Mitigation Monitoring and Reporting Plan (MMRP) as required by CEQA for review by the City to reflect the Page 6 of 9 proposed changes to the project. The Final MMRP incorporating the City's comments will be incorporated into the Final MND Addendum. Deliverables: • Chambers Group will provide one unbound and five (5) bound copies of the Final IS/MND with technical studies to the City. Chambers Group will also provide the City with five (5) CD copies and an electronic copy of the Draft IS/MND in Microsoft Word and PDF format. Subsequent IS/MND Option Task 12: Draft Subsequent IS/MND Chambers Group will prepare a Subsequent MND that will include all the requirements of an IS/MND and will utilize the analysis of the previously prepared IS/MND as necessary. The Subsequent MND will include an introduction of the project with the proposed amendments, determination in preparing the subsequent draft, comparison of the previous and revised project description, and analysis and resulting impacts of the project with the proposed amendments. Chambers Group assumes two (2) round of reviews from the City of the Draft Subsequent IS/MND. Deliverables: • Chambers Group will submit five (5) bound copies of the preliminary Draft Subsequent IS/MND with technical studies for review and approval by the City. Chambers Group will also provide the City with electronic copies of the preliminary Draft Subsequent IS/MND in Microsoft Word and PDF format. It is assumed two (2) complete set of comments will be received from the City and Chambers Group will incorporate these comments into the Draft IS/MND. Task 3.3: Prepare Draft Subsequent IS/MND for Public Circulation After receipt of the second set of integrated comments on the Draft Subsequent IS/MND from the City, Chambers Group will revise the draft accordingly. Chambers Group will prepare copies of the Draft IS/MND for the City to provide to the State Clearinghouse and affected public agencies. Chambers Group will prepare and file a Notice of Intent (NOI) to adopt an IS/MND with the OPR and the County Clerk. Chambers Group will distribute copies of the NOI to affected public agencies and to the mailing list provided by the City. Deliverables: • Chambers Group will provide 21 bound copies of the Draft Subsequent IS/MND with technical studies for public circulation to the City and with appendices on Page 7of9 CDs. Chambers Group will also provide the City with 15 CD copies, an electronic copy of the Draft IS/MND in Microsoft Word and PDF format and one unbound copy. Task 3.4: Prepare Final Subsequent IS/MND with Response to Comments After the 30-day public review period, Chambers Group will prepare a Final Subsequent IS/MND which will include the following tasks: Response to Comments: Based upon comments received from public review, responses to the comments will be prepared. For the purposes of this proposal, up to 25 comments on the Subsequent IS/MND are assumed, with responses requiring minimal further investigation or studies. A draft of these responses will be provided to the City. Final IS/MND: Upon receipt of one (1) complete set of comments from the City on the draft response to comments, Chambers Group will prepare a Final Subsequent IS/MND. Chambers Group will revise the text of the Draft Subsequent IS/MND based on the approved response to comments. The Final Subsequent IS/MND will include the approved response to comments and an approved Mitigation Monitoring and Reporting Program. The Final Subsequent IS/MND to be used by the City when considering approval of the amendments to the project. Prepare Mitigation Monitoring and Reporting Plan: Following preparation of the MND, Chambers Group will prepare an updated Draft Mitigation Monitoring and Reporting Plan (MMRP) as required by CEQA for review by the City. The Final MMRP incorporating the City's comments will be incorporated into the Final Subsequent MND. Notice of Determination: The Notice of Determination (NOD) is filed following the City's decision to carry out or approve the project for which the MND has been prepared. Chambers Group will prepare the NOD and will file the NOD with the State Clearinghouse and the. County Clerk. Chambers Group will also file and process a Request for No Effect with the California Department of Fish and Wildlife (CDFW). However, the City will be responsible for CDFW filing fees, if necessary. Deliverables: ■ Chambers Group will provide five (5) bound copies of the Final IS/MND with technical studies to the City. Chambers Group will also provide the City with five (5) CD copies and an electronic copy of the Draft IS/MND in Microsoft Word and PDF format. TASK 4.0: MEETINGS/PUBLIC HEARINGS Chambers Group representatives will attend the following meetings, in addition to the project initiation meeting: Page 8 of 9 • Three (3) internal staff meeting • One (1) community meeting to review the Draft IS/MND • Two (2) public hearings (two meeting for Planning Commission) with attendance by the consultant team members responsible for preparation of the IS/MND and technical studies. It is assumed that internal staff meetings, will take no more than 2 hours each, and community and public meetings will take no more than 3 hours each. Chambers Group will attend any other additional meetings requested by the City on a time and materials basis. QUALITY CONTROL REVIEW OF IS/MND AND TECHNICAL REPORTS Chambers Group staff will conduct a thorough review of the IS/MND and supporting technical studies to ensure internal consistency and consistent style and presentation between documents. Chambers Group project manager will review all technical reports for quality and internal consistency, and ensure that quality and consistency are maintained as the results of the technical studies are incorporated into the IS/MND. Chambers Group Managing Environmental Planner will conduct final review of the IS/MND for quality and consistency between internal documents prior to submittal to the City. Page 9 of 9 EXHIBIT B COSTS The services described in each task will be performed on a lump sum fee basis. The costs for each task are shown below. Under the IS/MND Addendum Option: a Task 1.1: Initial Meeting and Data Acquisition $1,163.00 Task 1.2: Revised Project Description $1,225.00 Task 2.1: Revision to Air Quality and Greenhouse Gas Analysis $2,300.00 Task 2.2: Revisions to Noise Analysis $2,300.00 Task 3.1: IS Checklist $4,908.00 Task 3.2: Draft IS/MND Addendum $4,001.00 Task 3.3: Final IS/MND Addendum, MMRP $2,691.00 Task 4.0: Meetings/Public Hearings $4,665.00 IS/MND ADDENDUM TOTAL $23,253.00 Under the Subsequent IS/MND Option: Task 1.1: Initial Meeting and Data Acquisition $1,163.00 Task 1.2: Revised Project Description $1,837.00 Task 2.1: Revision to Air Quality and Greenhouse Gas Analysis $2,530.00 Task 2.2: Revisions to Noise Analysis $2,760.00 Task 3.1: IS Checklist $4,908.00 Task 3.2: Draft Subsequent IS/MND $9,249.00 Task 3.3: Subsequent IS/MND for Public Circulation $3,752.00 Task 3.4: Final Subsequent IS/MND with Response to Comments $5,114.00 Task 4.0: Meetings/Public Hearings $4,665.00 SUBSEQUENT IS/MND TOTAL $35,978.00