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HomeMy WebLinkAboutOriginal ContractCONSULTING SERVICES AGREEMENT ENVIRONMENTAL CONSULTING SERVICES THIS AGREEMENT (the "Agreement") is made as of April 7, 2020 by and between the City of Diamond Bar, a municipal corporation ("City") and Environmental Science Associates, a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees . The Community Development Director, Greg Gubman or his designee (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect April 7, 2020 and shall continue until the scope of services is completed, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed two hundred and twenty-eight thousand, ninety-five dollars ($228,095) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 10% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. 2 D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall indemnify and hold harmless City, its officers, officials, employees and volunteers ("lndemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractors; (2) Any and all claims to the extent arising out of Consultant's negligent performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay its share of any final judgment rendered against the lndemnitees. Except for the lndemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. (4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. 3 A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1 ,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000 .00 or the amount required by law, whichever is greater; and ""' (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be covered as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (1 0) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. 4 E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City . Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the lndemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 1 0°/o administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11 . Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement 5 shall be and remain the property of City upon payment therefor. City acknowledges that its alteration of such materials or use for any purpose other than the subject project is at City's sole risk and without liability to Consultant. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. Michael E. Houlihan shall serves as Consultant's project manager for all such services required under this Agreement and all other services shall be performed 6 by personnel qualified to perform such services and under his superv1s1on. Mr. Houlihan shall not be replaced without the prior written consent of the City. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work as agreed to by and between the Project Manager and the Consultant. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Reserved. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 1 0 days of the time the delay occurs. No additional costs can be paid that 7 exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, each party shall bear its own costs of suit, including all attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 8 "CONSULTANT" Environmental Science Associates 2121 Alton Parkway Su ite 100 Irvine, CA 92606 Attn.: Bobbette Biddulph Phone: 949-753-7001 E-Mail: bbiddulph@esassoc.com "CITY" City of Diamond Bar 21810 Copley Drive D iamond Bar, CA 9 1765-4178 Attn.: Dan Fox Phone:909-839-7010 E-mail: DFox@DiamondBarCA.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. · 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes. all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing si.gned by the parties which expressly refers to this Agreement. Amendments on behatf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" .. City" Environmental Science Associates CITY OF DIAMOND BAR By ~ Bo tle ~nior Vice President ATTEST: Kristina Santana, City Clerk 9 *NOTE: If Consultant is oration, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement must be provided to the City. 10 Exhibit A-Consultant's Proposal 11 31 Scope of Work Scope of Work Task 1 -Kickoff Meeting Within one week of receiving the Notice to Proceed, ESA's Management Team will schedule and conduct an initial kickoff meeting with the City staff and the applicant team. ESA will prepare a meeting agenda prior to the meeting, and will disseminate meeting minutes within a week after the kickoff meeting. The purpose of the meeting will be to: > Review the agreed upon scope of work for the proposed project and establish team roles and clear lines of communication between the City, ESA, and the applicant and their consultants. > Establish procedures for communication, product review and task completion. > Obtain any additional relevant plans, technical reports, ordinances, and studies. > Provide a list of data needs to the applicant. > Establish a mutual understanding of the key issues to be addressed in the EIR, and delve into project- related issues. > Discuss the project description and objectives as well as possible project alternatives. > Identify a project schedule and key milestones, including delivery of and review of technical studies. ESA understands that prior to the start of the environmental documentation process, we will provide a memorandum to City staff identifying our software and programs that we propose to use for data collection, documentation and mapping. We will use these software and programs after City staff confirms compatibility with the City's systems. For all document deliverables, ESA will provide print quality PDFs, web ready PDFs, and/or editable files depending on the deliverable. Deliverables: • Prepare project kickoff meeting agenda. • Attend project kickoff meeting at City of Diamond Bar. • Prepare project kickoff meeting minutes. • Provide a memorandum on software and programs to be used during the environmental documentation process. Task 2-Project Description The formulation of a working description for the project and alternatives is critical to a successful EIR process. ESA will work closely with City staff to prepare a clear and complete Project Description that articulates the components of the project as well as the project objectives. ESA will assist City staff in determining the adequacy of the application materials that were submitted by the project applicant in December 2019 to the City. The adequacy review will be focused on the details of the project. Based on the information provided by the applicant and the City, ESA will prepare a description that will clearly describe the components of the project as well as the timing of each of the project phases in a manner that threads through the EIR analysis. It is important that the Project Description effectively identify project components that will not be fully defined, but it is intended to provide a range of land use types and/or size options at the time of the EIR publication. 10 esassoc.com 3 I Scope of Work Effectively disclosing these parameters is important to the public's confidence in the analysis, the legal adequacy of the EIR, and the applicant's flexibility in its development over time. The Project Description will include a regional and local setting, project history, project objectives of the City as well as the applicant, and characteristics of the project features. The description will also include the intended uses of the EIR (as required by Section 15124(d) of the State CEQA Guidelines), including a list of responsible, trustee, and other agencies expected to use the EIR in decision making. A list of approvals for which the EIR will be used will also be provided. ESA will finalize the draft Project Description within two weeks after the kickoff meeting, assuming all of the adequate Project Description details are provided at that time. Deliverable: • Submit one electronic copy of the draft Project Description. Task 3-Native American Outreach and Consultation ESA will assist the City with Native American consultation as required by Assembly Bill (AB) 52 in order to identify tribal cultural resources (as defined by PRC Section 21074) and in accordance with PRC Sections 21080.3.1, 21080.3.2, and 21082.3. ESA will request a Sacred Lands File search from the California Native American Heritage Commission in order to solicit information on sensitive or undocumented traditional/cultural sites within or in the vicinity of the project. ESA will draft initial consultation letters notifying California Native American Tribes that are traditionally and culturally affiliated with the geographic area of the project site (as defined in PRC Section 21073) and who have requested in writing to be informed by the City (in accordance with PRC Section 21080.3.1(b)). The letters will provide an overview of the project, a map depicting the project site (generated by ESA), and contact information for the primary City contact. The letters will indicate that the Tribe has 30 days from receipt of the letter to request consultation. ESA assumes that no more than seven Tribes will require notification, and that the letters will be sent out on City letterhead via certified mail with return receipt requested (or another acceptable method to track date of receipt). To assist City staff in conducting a successful AB 52 Consultation, ESA will provide instructions related to the consultation meeting(s) and documentation of the consultation. We have not included attendance at the consultation meetings within this scope of work. If the City requests our attendance, a scope and cost augment can be provided. Deliverables: • Obtain a Sacred Lands File search from the California Native American Heritage Commission. • Mail tribal consultation letters to up to seven Native American Tribes . • Provide the City with instructions for a successful AB 52 consultation. Task 4 -Technical Reports Task 4A-ESA Technical Reports/Evaluations Ai r Quality Evaluation The air quality analysis will assess the potential air quality impacts that may arise from implementation of the proposed project. The proposed project consists of the construction of 11 single-family homes. The construction Febru ar y 6, 2020 City of Diamond Bar I Crooked Creek Subdivision EIR environme ntal science associat es 1 1 3 I Scope of Work activities at the project site along with long-term project operation would result in emissions of criteria air pollutants (such as particulate matter, and ozone precursors), toxic air contaminants (TACs), and odorous compounds. As the project site is located within the South Coast Air Basin (Basin), which is under the local jurisdiction of the South Coast Air Quality Management District (SCAQMD), the air quality analysis will be conducted in accordance with the procedures and methodologies set forth in the SCAQMD's CEQA Air Quality Handbook . The air quality impact assessment will include an evaluation of the proposed project's conformance with the most recent air quality management plan for the Basin. The estimated construction and operational regional emissions for the project will be quantified using the most recent version of the California Emissions Estimator Model (CalEEMod) and evaluated against the applicable SCAQMD thresholds of significance to determine whether potential air quality impacts would result. The calculation of the project's construction emissions will be based on the amount and types of construction equipment that would be employed at the project site under each phase of the proposed construction scenario. ESA will work with the City and the Applicant to ensure that the maximum (worst-case) daily construction emissions under each construction scenario is captured and presented in the air quality analysis. With regard to operational emissions, the project's mobile-source emissions will be estimated based, in part, on data provided in the traffic study that will be prepared for the project. Overall, the estimated construction and operational regional emissions for the project will be quantified and evaluated against the applicable SCAQMD thresholds of significance. The analysis will identify appropriate mitigation measures to minimize the project's air quality impacts, as necessary. As recommended by SCAQMD, both the construction and operational impact analyses will include an assessment of the project's possible effect on local air quality (including localized carbon monoxide, nitrogen dioxide, and fine particulate matter) concentrations. The local air quality analysis will be conducted in accordance with SCAQMD's localized significance thresholds methodology. Furthermore, impacts associated with localized carbon monoxide hotspots at nearby study intersections to the project site will be assessed qualitatively as well. Potential odor emissions associated with the project, which would occur primarily during temporary construction activities at the site, will also be addressed qualitatively in the analysis. Appropriate mitigation measures will be identified to reduce the project's air quality impacts, where necessary. ESA will prepare additional assessments of direct impacts from project construction and operation. Diesel particulate matter, recognized as a carcinogen by the State of California, would emitted directly from construction equipment exhaust. A construction health risk assessment (HRA) will focus on chronic carcinogenic and non-carcinogenic risks in accordance with guidelines developed by the California Office of Environmental Health Hazard Assessment and SCAQMD. Due to the nature of the proposed use, it is not anticipated that project operations would consist of sources of toxic air contaminants. Therefore, operational health risks would be discussed qualitatively. If necessary, ESA will identify mitigation measures, including but not limited to performance standards to be met by the construction team to reduce off-site health risks. This scope assumes that a separate technical report will not be prepared. Project assumptions and model outputs will be attached as a part of the EIR appendix materials. Cultural Resources Survey ESA will address potential impacts to cultural resources, including historic, archaeological and paleontological resources, in support of the EIR. The project site is located within an undeveloped area. Surrounding land uses include single-family residences constructed in the mid-1960s to the west and northwest, single-family 12 esassoc.com 3 I Scope of Work residences constructed in the early 1980s to the east and northeast, and vacant land to the south. The Brea Canyon flood control channel is located to the west. A preliminary review of historic maps and aerial photographs indicates that the project site has always been undeveloped, and that the Brea Canyon channel was historically a naturally flowing water course prior to channelization in the mid-1960s . Preliminary review of geologic maps indicates that the project site is underlain by the Monterey Formation, which has a high sensitivity for paleontological resources beginning at surface. ESA will conduct a cultural resources assessment that identifies known archaeological and paleontological resources, as well as the potential for encountering unknown subsurface resources during construction. Since the single-family residences and Brea Canyon flood control channel to the west and northwest of the project site were constructed in the mid-1960s and meet the California Office of Historic Preservation's 45-year age threshold for consideration as historical resources under CEQA, the assessment will also address the potential for indirect impacts to adjacent historic resources . ESA's scope of work includes the following tasks. Records Search-ESA will conduct a records search at the South Central Coastal Information Center (SCCIC) to identify previous cultural resources investigations and previously recorded archaeological resources within the project site and a 0.5-mile radius, and historic architectural resources within a 0.25-mile radius of the project site. A paleontological records check will be conducted at the Natural History Museum of Los Angeles County (LACM) to identify the potential for fossil-sensitive formations to be impacted by the project. Geologic and soils maps, and available geotechnical studies will also be reviewed. ESA assumes that the geotechnical evaluation that was prepared for the previously approved project on the project site will be provided by the City, that expedited records search will not be necessary, and that records search fees will not exceed $1,250. Field Survey -ESA will conduct a field survey of the 12 .9-acre project site to identify cultural resources that may be directly or indirectly impacted by the project. The survey will be conducted by a team of two (one archaeologist and one paleontologist). All resources identified within the project site during the survey will be documented and mapped . The adjacent residential streets (Castle Rock Road, Crooked Creek Road, Gold Rush Drive, and Running Branch Road) will be photographed as part of the survey to assist in the indirect effect analysis. ESA assumes that no cultural resources will be encountered within the project site as part of the survey. ESA also assumes that adjacent historic-aged residences and the Brea Canyon flood control channel will not be documented, and that there will be no direct impacts to these potential resources. Report Preparation-ESA will prepare a Cultural Resources Assessment Report documenting the methods and results of the assessment. The report will provide environmental, historic, and cultural contexts for the p roject site and vicinity; outline the regulatory framework within which impacts to cultural resources will be analyzed; present the methods and results of the archival research and survey; and summarize the results of the desktop geo-archaeological review. The report will also provide an assessment of the archaeological sensitivity of the project site and the potential to encounter subsurface prehistoric or historic-period archaeological resources during construction, and will also address the potential for indirect effects to adjacent historic resources. The report findings will include recommendations for additional work or mitigation measures, if any are deemed necessary. A copy of the final report will be filed with the SCCIC. The results of the paleontological resources assessment will be documented in a brief Paleontological Resources Assessment Report. The report will contain the geological and regulatory context, the methods and results of the research and survey, and will provide recommendations for additional work or mitigation measures, if any are deemed necessary. The findings of both reports will be summarized under the cultural resources section of the environmental document. February 6, 2 02 0 City of Diamond Ba r I Cro oked Creek Subdivisio n EIR environmental science associates 13 3 I Scope of Work Biological Resources Survey ESA will address potential impacts to biological resources including plant and wildlife species, habitat and native trees. ESA has conducted a preliminary review of the project's Biological Resources Assessment prepared by LSA dated July 2019 . While ESA believes the LSA assessment addresses many of the potential biological resources issues, our recent experience in preparing the biological assessment for the City's general plan update EIR compels us to expand the analysis. Following are the tasks that will be performed to adequately address potential impacts to biological impacts on the project site. Literature Review-Although the LSA assessment included a review of state and federal data source sites, ESA will review the most current versions of these to complete an updated methodology. ESA will also review the Los Angeles County Se.nsitive Bird Species Working Group list of birds that are considered sensitive at the county level and e-bird records available on the internet. Site Inspection-ESA biologists will conduct a general biological survey and habitat assessment of the project site to identify the biological resources including the presence of sensitive natural communities and/or the presence of habitats that could support sensitive, endangered, or threatened plant and wildlife species. Any plant or animal species observed during this survey that are not listed in the LSA assessment will be provided as an appendix to the EIR. In addition, the veracity of the vegetation map included in the LSA assessment will be confirmed or the map will be modified as appropriate. In accordance with industry-accepted standards in California, the EIR discussion will address vegetation types in terms of their natural community alliances and associations following the classification system of A Manual of California Vegetation by J.O. Sawyer, T. Keeler-Wolf and J.M. Evens (2009). It is also highly recommended that a tree survey be conducted for all native trees on the property such that the EIR may fully disclose impacts to trees protected under the city municipal code and oak and woodlands. This scope of work includes conducting a tree survey on the project site. A survey of all trees on the property including those that will be conserved will be conducted. The LSA assessment included a list of special-status plant species identified as potentially occurring or known to occur in the project vicinity . The status of these species will be cross-checked with records obtained in the process of preparing the general plan update EIR biological analysis. In particular, special-status plant species that bloom in the fall will be reconciled with site conditions . Greenhouse Gas Assessrnent The proposed project will generate GHG emissions during construction and operations that could have an impact on the environment. The GHG assessment for the proposed project will evaluate the potential impacts associated with the project's generation of GHG emissions during construction and operations. GHG emissions attributable to the project will be estimated forthe following sources: construction, area sources, mobile sources, energy consumption (electricity and natural gas), water consumption, wastewater generation, and solid waste generation, consistent with the recommendation by the Governor's Office of Planning and Research in its Technical Advisory: CEQA and Climate Change (2008). Construction-and operations-related GHG emissions will be quantified using .the most recent version of the CalEEMod computer model. Since neither the City nor SCAQM D have adopted a threshold of significance that would be applicable to the project, the GHG assessment will evaluate the project's emissions in the context of the state and local setting, and using the proposed SCAQMD thresholds as appropriate for the project. 14 esassoc.com 3 I Scope of Work Furthermore, the project's GHG emissions will also be discussed with respect to the goals and recommended actions of the state's Climate Change Scoping Plan and other applicable state regulations as well as the City's Climate Action Plan. If it is determined that the project would need to include design features/mitigation measures to reduce GHG emissions, ESA will work with the City and the Applicant to identify all applicable measures. This scope assumes that a separate technical report will not be prepared. Project assumptions and model outputs will be attached as a part ofthe EIR appendix materials. Noise Assessment Implementation of the proposed project could result in an increase in noise levels within the areas surrounding the project site during construction as well as during project operations. Additionally, potential vibration impacts on the immediate surrounding land uses may occur during project construction from the operation of heavy-duty construction equipment. Nearby sensitive receptors (such as residential use) may be adversely impacted by increased noise levels from project construction and operations. As part of the project impact assessment, ESA will evaluate the potential construction and operational noise impacts on the nearby sensitive uses resulting from the project and develop necessary mitigation measures to minimize the identified noise impacts on these receptors . The first step in quantifying the impact a particular project may have on the existing noise environment is identifying the baseline noise conditions. ESA will conduct up to four short-term ambient noise level measurements in the project site vicinity using sound level meters that satisfy the American National Standards Institute (ANSI) for general environmental noise measurement instrumentation . Construction noise levels at the nearest sensitive receptors will be estimated using the Federal Highway Administration's (FHWA) Roadway Construction Noise Model (RCNM) and based on the type of construction equipment that will potentially be used , the amount of activity that would occur, and the distance that sensitive receptors are from the project site (information to be provided by the Applicant team). The potential construction noise impacts of the project will be evaluated against the applicable noise criteria established in the City of Diamond Bar's General Plan Noise Element and Municipal Code. Potential vibration impacts associated with construction activities will also be analyzed using vibration data provided by the Federal Transit Administration (FTA) for different pieces of construction equipment. If significant noise and vibration impacts on nearby sensitive land uses are determined, appropriate mitigation measures will be identified to reduce these impacts. During operation of the proposed project, increases in noise levels in the project site vicinity would result from vehicle trips traveling to and from the project site. As such, ESAs noise assessment will conduct traffic noise modeling using the Federal Highway Administration's (FHWA) Traffic Noise Model to estimate the future traffic noise levels on the nearby roadways to the project site to evaluate the noise impact on the existing land uses located in the project site vicinity. The. future project-related traffic noise level increases at existing noise- sensitive uses fronting the local roadways in the projectvicinity will then be reviewed against the applicable City noise exposure criteria to determine whether significant noise impacts would occur. If required, appropriate mitigation measures will be identified to reduce these noise impacts. This scope assumes that a separate technical report will not be prepared. Project assumptions and model outputs will be attached as a part of the EIR appendix materials. Februar y 6, 2020 City of Diamond Bar I Crooked Creek Subdi vis io n EI R environmental science associates 15 3 I Scope of Work Aesthetics Analysis ESA will prepare an aesthetics evaluation to assess visual impacts. ESA understands that the project applicant will be providing visual simulations to illustrate the development of the proposed project on the project site. ESA will discuss the potential of the project to impact scenic resources, scenic vistas, or scenic highways and whether the proposed project would substantially degrade the existing visual character or quality of the site and its surroundings. The aesthetics evaluation will include a discussion of the project's grading, height, bulk, massing, and architectural style and building materials; changes to the visual unity of the area; and changes to the views from State Route 57 as well as adjacent local roadways. This scope assumes that a separate technical report will not be prepared, and the analysis as well as the visual simulations will be provided with the Administrative Draft EIR. Deliverables: • Submit one electronic copy of a draft Cultural Resource Survey Report and Tree Survey, submit the modeling data for air quality, greenhouse gas and noise as well as the aesthetics analysis and visual simulations with the Administrative Draft EIR. TaRk 48 -CE A Arieqt acy RAview ESA understands that the project applicant has prepared a biological resources assessment and is currently preparing a traffic report, geotechnical report, hydrology/hydraulics report, stormwater report, sewer area study and visual simulations. ESA will review the visual simulations to determine if they adequately depict the proposed alterations to the existing characteristics of the project site and surrounding area as identified in Task 4A above. Although City staff will provide a technical peer review of each of the applicant's submitted technical studies (except for the visual simulations), ESA will provide a CEQA Adequacy review to determine if adequate supporting documentation is provided to respond to the CEQA Checklist questions related to geology and soils, hydrology and water quality, stormwater drainage, and sewer. Deliverable: • Submit one electronic copy of a CEQA Adequacy Review letter. Task 5 -Project Alternatives In accordance with CEQA Section 15126.6 of the CEQA Guidelines, ESA will describe a range of reasonable alternatives to the project which would feasibly attain most of the basic objectives of the project and would avoid or substantially lessen any of the significant environmental effects of the project. ESA will work closely with City staff and the applicant in defining a reasonable range of alternatives. This scope of work assumes the · development of three alternatives to the proposed project. These alternatives would include the mandatory no project development that would assume no development on the site as well as two alternative design scenarios intended to avoid or substantially lessen any significant environmental effects of the project. A description of each alternative will be provided to the City for review. The analysis of each of the project alternatives is included in Task 6C below. Deliverable: • Submit one electronic copy of a description of each alternative to be evaluated in the EIR. 16 esassoc.com 3 I Scope of Work Task 6-Preparation of Draft Environmental Documents Task 6A-Administrative Draft Initial Study ESA will prepare an Administrative Draft Initial Study (IS) for the proposed project that is consistent with the procedural and substantive provisions of CEQA Section 15063. The IS will identify the scope of the analysis that will be addressed in the EIR. Identification of the scope will assist the public agencies and concerned individuals/groups to provide meaningful input into the environmental evaluation process. ESA will clearly identify those environmental issues that will be evaluated in the EIR and those that would be scoped out of the EIR. The IS will include a qualitative characterization of the site and area baseline conditions. Five hard copies and one electronic copy of the Administrative Draft IS will be provided to City stafffor review. Deliverable: • Five hard copies and one electronic copy of the Administrative Draft Initial Study Task 68-Notice of Preparation/Final Initial Study, Public Seeping Meeting Notice and Distribution Ust ESA will also prepare a Notice of Preparation (NOP) for the proposed project that is consistent with the procedural and substantive provisions of CEQA Section 15082. Based on comments receive from City staff on the Administrative Draft Initial Study, ESA will revise the Administrative Draft Initial Study and prepare a Final Initial Study to be attached to the NOP. The NOP will provide sufficient information describing the project and the potential environmental effects to enable the responsible agencies, other agencies, and the public to provide meaningful input into the scoping process . In addition, ESA will include the Public Scoping Meeting Notice within the NOP. ESA will prepare one electronic copy of each of the following: draft NOP/Public Scoping Meeting Notice, a draft distribution list for the NOP/Public Scoping Meeting Notice, and a draft Notice of Completion (NOC)/Environmental Document Transmittal (EDT) for City staff review. After receipt of comments on these notices, ESA will review them and prepare a final version ofthe notices. After City approval of the distribution list, up to 50 hard copies of the NOP/Public Scoping Meeting Notice and 50 CDs of the IS will be reproduced. One electronic version of the EDT /NOC and distribution list in a PDF format will be provided to City staff. ESA will distribute 15 of the 50 hard copies of the NOP/Public Scoping Meeting Notice and 15 ofthe 50 CDs of the IS to the State Clearinghouse along with one hard copy of the Final NOC/EDT. ESA will provide City staff with up to 5 hard copies and 5 CDs of the NOP /Public Scoping Meeting Notice and IS, respectively, and the remaining 30 hard copies of the NOP/Public Scoping Meeting Notice and 30 CDs of the IS will be distributed by certified mail with return receipt to those on the City-approved distribution list. Deliverables: • Reproduce fifty hard copies of the NOP/Public Scoping Meeting Notice and 50 CDs of the IS. • Deliver 15 hard copies of the NOP/Public Scoping Meeting Notice and 15 CDs of the IS, and one electronic copy of the NOC/EDT by overnight mail to the State Clearinghouse. • Deliver 5 hard copies of the NOP/Public Scoping Meeting Notice and 5 CDs of the IS, one electronic copy of the NOC/EDT, and one electronic copy of the distribution list to the City by overnight mail. • Deliver 30 hard copies of the NOP/Public Scoping Meeting Notice and 30 CDs of the IS by certified mail receipt to the agencies and individuals on the City-approved distribution list. February 6, 202 0 C ity of Diam ond Bar I Crooked Creek Subd ivision EIR environmental sci ence ass ociates 17 3 I Scope of Work Task 6C -Administrative Draft EIR The objective of this task is to prepare a comprehensive, accurate, and objective EIR for the proposed project that fully complies with CEQA and the State CEQA Guidelines (both as in place on the date of submittal of this proposal) and all applicable guidance and procedures established by the City of Diamond Bar for the purpose of environmental review. The main purpose of the Administrative Draft EIR will be to thoroughly and accurately analyze the environmental impacts of the proposed project. The document will be as free as possible of jargon so that the information it contains is accessible to the public. The methodology and criteria used for determining the impacts of the project will be clearly and explicitly described in each section of the EIR, including any assumptions, models, or modeling techniques used in the analysis. The Administrative Draft EIR will include the following sections: > Table of Contents > Introduction > Executive Summary, including a comprehensive summary table of impacts and mitigation measures, areas of controversy, issues to be resolved, and a summary discussion of the proposed project and its alternatives > Project Description, including project objectives, purpose and need, project location, project characteristics, scope of project, project alternatives, and required approvals > Introduction to the Environmental Analysis > Environmental Topics (for each issue area evaluated): Environmental Setting Regulatory Framework (applicable federal, state, local, plans, policies, and standards) Thresholds of Significance Project Environmental Impacts (short-term, long-term, direct, and indirect) Cumulative Environmental Impacts (short-term , long-term, direct, and indirect) Mitigation Measures (for potentially significant environmental issues) Level of Significance After Mitigation > Alternatives > Long-Term Implications, including growth-inducing impacts, a summary of project-related and cumulative significant unavoidable impacts, and significant irreversible environmental changes or commitments of resources > List of EIR Preparers > References > Appendices The scope of work for each of the environmental issue areas is further described below and in the following pages, with an emphasis on unique and/or important components of the environmental analysis. Introduction A brief introduction to the EIR will be prepared to describe the purpose of the EIR to the reader. This chapter will describe the background of the proposed project, purpose, and scope of the EIR; a summary of the environmental and public review process; and a brief outline of the document's organization. Cumulative impacts will be addressed within each of the environmental topics. 18 esassoc .com 3 I Scope of Work Executive Summary The Executive Summary will include a brief synopsis of the proposed project and project objectives, necessary actions by the City of Diamond Bar in order to approve the proposed project or issue discretionary permits, areas of controversy/issues to be resolved, a description of the intent of the MMRP, and an overview of project alternatives. This chapter will also summarize (in table format) environmental impacts that would result from implementation of the proposed project, including the level of significance of impacts prior to the incorporation of mitigation measures, if applicable; proposed mitigation measures that would avoid or reduce project-related impacts; and the level of significance of impacts after the incorporation of mitigation measures. Project Description The information for this chapter will be obtained from Task 2-Project Description. It will be prepared consistent with State CEQA Guidelines Section 15124 and will provide a detailed description of the proposed project, including its location, site history, and project background; existing site and land use characteristics; project objectives; anticipated construction schedule and activities; intended uses of the EIR; and project approval requirements. Additionally, the Project Description will identify the necessary approvals required for the development of the proposed project. Cumulative Projects Identification ESA will describe the reasonably foreseeable projects that have been identified in the technical studies prepared by the applicant's consultants (such as the traffic study and hydrology/drainage report). ESA will work closely with City staff to ensure the EIR is prepared at the appropriate level of detail and pertinent projects are evaluated. We assume the City will provide information on all reasonably anticipated projects as well as projected growth to ESA so cumulative projects can be adequately addressed. Potential cumulative impacts will be discussed for each technical issue. Effects Found Not to Be Significant ESA will describe effects found not to be significant, in accordance with State CEQA Guidelines Section 15128, by listing them with brief explanations of why they are not significant. Based on a review of the proposed project and conditions on-and off-site, ESA assumes the following environmental issues areas could be justifiably "scoped out" of the EIR. > Agriculture > Mineral Resources > Population/Housing These issues will be discussed in the Initial Study and supporting evidence is expected to be provided to identify that the proposed project would result in no impacts or less than significant impacts associated with these three issue areas. Introduction to the Environmental Analysis This chapter is introduced by describing the scope and format of the environmental analysis, specifying that each environmental issue area will contain a description of the environmental setting (or existing conditions), regulatory framework, thresholds of significance used to determine the nature or magnitude of environmental impacts, analytical methodology, project-related and cumulative impacts, and feasible mitigation measures that would avoid or minimize significant environmental impacts. February 6, 2020 City of Diamo nd Bar I Crooked Creek Subdivision EIR environmental science associates 19 3 I Scope of Work Environmental Topics The environmental topics that will be evaluated in the EIR are presented in the order provided in the State CEQA Guidelines Appendix G. Aesthetics An aesthetics analysis with applicant-prepared visual simulations will be prepared by ESA (previously described under Task 4) and will serve as the foundation of the aesthetics/visual information to be included in the EIR. ESA will include a discussion of the existing conditions, regulatory environment, thresholds of significance that were used for the evaluation, the impact analysis (both project and cumulative), the recommended mitigation measures, and the level of significance after mitigation. The visual simulations will be included as figures within the aesthetics section of the EIR. Air Qual it y An air quality evaluation will be prepared by ESA (previously described under Task 4) and will serve as the foundation of the air quality information to be included in the EIR. ESA will include a discussion of the existing conditions, regulatory environment, thresholds of significance that were used for the evaluation, the impact analysis (both project and cumulative), the recommended mitigation measures, and the level of significance after mitigation. The air quality modeling information will be included as an appendix to the EIR. Biological Resources ESA will peer review the Biological Resources Technical Report previously prepared by LSA, which will serve as the foundation of the biological resources section of the EIR. ESA will incorporate the information from the biological resources report, as well as from our supplemental findings (including the tree survey), into the EIR. ESA will summarize the existing conditions, regulatory environment, thresholds of significance that were used for the study, the impact analysis (both project and cumulative), the recommended mitigation measures, and the level of significance after mitigation. The section will be prepared according to accepted scientific and technical standards consistent with requirements of the California Environmental Quality Act (CEQA) and all other pertinent reviewing agencies and organizations. Of note, the mitigation measures will include those included in the general plan update EIR that are relevant. ESA will incorporate relevant exhibits prepared for the study into the EIR. The Biological Resources Technical Report will be included as an appendix to the EIR. Cultural Resources ESA will prepare the Cultural Resources Technical Report (previously described under Task 4), which will serve as the foundation of the cultural resources section of the EIR. ESA will summarize the existing conditions, regulatory environment, thresholds of significance that were used for the study, the impact analysis (both project and cumulative), the recommended mitigation measures, and the level of significance after mitigation. The Cultural Resources Technical Report will be included as an appendix to the EIR. 20 esassoc.com 31 Scope of Work Geology and Soils According to the RFP, a geotechnical evaluation will be conducted by the Applicant for the project on the project site . According to the City, the City's hired consultants will provide a technical peer review of the evaluation. ESA assumes that the evaluation adequately addresses the potential geotechnical hazards such as fault rupture, seismic ground shaking, landslides, lateral spreading, subsidence, liquefaction, collapse, and expansive soil. ESA will summarize the existing conditions, regulatory environment, and thresholds of significance that were used for the previous evaluation. ESA will review the impact analysis (both project and cumulative), recommended mitigation measures, and level of significance after mitigation to determine if they are applicable to the proposed project. If the information is not, then a general assessment of potential impacts and mitigation measures will be provided. Greenhouse Gas Emissions The GHG Emissions evaluation prepared by ESA (previously described under Task 4) will serve as the foundation of the GHG emissions information to be included in the EIR. ESA will include a discussion of the existing conditions, regulatory environment, thresholds of significance that were used for the evaluation, the impact analysis (both project and cumulative), the recommended mitigation measures, and the level of significance after mitigation. This section will also include a discussion of the City's Climate Action Plan. The greenhouse gas emissions modeling information will be included as an appendix to the EIR. Hazards and .Hazardous Materials /Wildfire City staff identified that a previous hazardous materials evaluation has been conducted for the project site. Given that the previous hazardous materials evaluation was prepared more than 10 years ago, ESA will update the record search. ESA will review reasonably ascertainable records to determine if the project site is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Records to be reviewed include: federal and state regulatory agency lists of hazardous waste generators, including the "Cortese List ", leaking underground storage tanks (USTs), landfills, military reservations, contaminated surface waters, and Superfund sites. These lists will also be reviewed to assess whether there were prior investigations or events and conditions, or institutional or engineering controls on the property and in the immediate vicinity, relating to spills, discharges, or other activities resulting in contamination or presence of hazardous materials. ESA will research historical information sources to develop a history of general types of previous uses of the site and surrounding area . The review may also include discretionary physical setting sources, e.g. for geologic and hydrogeologic information. This information may provide insight to the significance of offsite sources of contamination in relation to the site. Where discretionary hydrogeologic information is available and rev iewed, where possible, we will estimate the regional direction of groundwater flow and discuss how this might affect the potential for identified offsite sources of contamination to impact the site. ESA will perform a reconnaissance of the site to observe its current use with the unaided eye, and thereby obtain information indicating the likelihood of identifying evidence of hazardous materials or hazardous conditions in connection with the project site. The site reconnaissance will inspect the site for evidence of materials suggesting hazardous materials or waste, discolored soil or water due to chemical spills, stressed vegetation due to chemical spills and underground storage tanks. Locations with visibly obvious oil staining will be photographed. The periphery of the site will be viewed from all adjacent public thoroughfares. Febru ary 6, 2020 City of Di amond Bar I Crooked Creek Subd ivi s ion EI R environ m ental scien ce associate s 2i 31 Scope of Work In addition to determining the presence of hazardous materials on the project site, ESA will also address hazards such as airport safety hazards and emergency response plans. Based on our review of the California Department of Forestry and Fire Protection (CalFire) Fire Hazard Severity Zones. CalFire has designated the project site within a Local Responsibility Area and classified the site as a Very High Fire Hazard Severity Zone. In accordance with the CEQA Guidelines, a fire hazards evaluation will be required to address the Wildfire threshold questions. ESA assumes that the Applicant will initiate the preparation of the evaluation, and ESA would incorporate the documentation within the EIR. Hydrology and Water Quality Based on a review of the Flood Insurance Rate Maps for the project site, ESA understands that a project is designated as an area determined to be outside the 100-year flood plain. Thus, the potential for the project site to experience flooding is relatively low and is not designated as a flood hazard area. After our CEQA Adequacy review in Task 4 of the Hydrology/Hydraulics Report prepared by the project applicant's consultants, ESA will incorporate the information into the EIR. ESA assumes that the report will include information that addresses all of the potential hydrological and water quality issues addressed in Section IX, Hydrology and Water Quality, iri Appendix G of the State CEQA Guidelines as well as in the California State Water Resources Control Board's MS4 Permit. The existing conditions, regulatory environment, thresholds of significance that were used for the study, impact analysis (both project and cumulative), recommended mitigation measures, and level of significance after mitigation will be summarized. ESA will incorporate relevant exhibits prepared for the report into the EIR. The Hydrology/Hydraulics Report and the Low Impact Development (LID) Plan/Report conforming to NPDES requirements will be included as appendices to the EIR. ,_ ... .._ • 0 • ~. 1 Land Use and Planning ESA understands that the project site is designated as Low Residential (RL) in the City's zoning ordinance and has an underlying General Plan designation of Low Residential (RL). Although the proposed land use is consistent with the existing zoning and general plan designations, ESA will review the policies and plans that are applicable to the project and assess whether the project will conflict with them. The land use section will include an evaluation of the compatibility of the proposed design features with the adjacent single-family residences. Noise The noise evaluation prepared by ESA (previously described under Task 4) will serve as the foundation of the noise information to be included in the EIR. ESA will summarize the existing conditions, regulatory environment, thresholds of significance that were used for the evaluation, the impact analysis (both project and cumulative), the recommended mitigation measures, and the level of significance after mitigation. The noise modeling information will be included as an appendix to the EIR. Public Services To determine whether adequate public services could be provided to serve the project site, letters describing the proposed project will be sent to the service providers. ESA will address potential impacts on fire protection services (County of Los Angeles Fire Department), police (County of Los Angeles Sheriff's Department), schools 22 esassoc.com 3 I Scope of Work (Walnut Valley Unified School District), parks and recreation (City of Diamond Bar Parks and Recreation Department), and libraries (County of Los Angeles Public Library) by requesting current information on existing and planned service levels, staffing levels, and response times. The ability of existing public services to meet demands of the proposed project will be described. If required, any additional capacity, services, or personnel will be discussed. Further, any unique public service needs due to the proposed use of the site will be discussed. The impact of the project upon the ability of the service providers to maintain acceptable service levels will be discussed, anticipated impacts will be assessed, and mitigation measures, if necessary, will be provided. Recreation ESA will evaluate the potential effects of the proposed project on existing and planned recreational facilities in the vicinity of the proposed project. An analysis of whether the increase in residential population will result in physical deterioration of existing facilities or if the project will require the construction of expansion of existing recreational facilities that might have an adverse effect on the environment will be conducted . Mitigation measures will be provided, if necessary. Tr a n s portation /Traffic ESA understands that the project applicant 's consultant will be preparing a traffic study for the proposed project, and City staff will provide a peer review. ESA will summarize the existing conditions, regulatory environment, thresholds of significance that were used for the study, impact analysis (both project and cumulative), recommended mitigation measures, and level of significance after mitigation. ESA will incorporate relevant exhibits prepared for the report into the EIR. The Traffic Impact Study will be included as an appendix to the EIR. Tribal Cultural Resources Tribal cultural resources will be analyzed in a standalone section of the EIR in accordance with the recent revisions to Appendix G (as approved by the Office of Administrative Law on September 27, 2016). The analysis will be based on the results of Assembly Bill (AB) 52 consultation with tribal representatives who have requested notification of projects within the City pursuant to PRC 21080 .3.1 as described in Task 3 above. Non-confidential documentation obtained during the consultation will be included in an appendix to the EIR. Confidential information will not be included in the EIR, but will be provided to the City. Utilities and Service System s ESA will evaluate potential impacts associated with utilities and service systems (water, wastewater, drainage and landfill facilities as well as water supply) that provide service to the project site as addressed in Section XVIII, Utilities and Service Systems, in Appendix G of the State CEQA Guidelines. ESA will incorporate the information from the Applicant-prepared Stormwater Report and Sewer Area Study into this section. Service demands will be quantified, where possible, and the impact on existing and planned utility systems will be described. ESA will consult with utility providers. Policies provided in the City's General Plan and standard City requirements will be evaluated as to their effect of mitigating or avoiding significant effects. Additional mitigation measures will be proposed, if needed, to reduce any significant effects. February 6, 2 020 City of Di am on d Bar I Crooked Creek Subdi vi sion EI R environmental science associates 23 3 I Scope of Work Other CEQA Sections Alternatives. As discussed in Task 5 above, the EIR will include a discussion of alternatives to the proposed project. The EIR will include an assessment of alternatives in light of CEQA's mandate to reduce significant project impacts while meeting the project's basic objectives . As stated previously, ESA will evaluate up to three alternatives to the proposed project. The EIR will qualitatively address the environmental impacts that would result The alternatives will be provided in a sufficient level of detail for comparison with the proposed project. Each alternative will be evaluated with respect to each key impact category. The advantages and disadvantages of each alternative and the reasons for rejecting or recommending the alternative will also be discussed, and the environmentally superior alternative will be identified . During the course of the environmental analysis, minor variations to the proposed project that could have the effect of reducing or eliminating environmental concerns may become apparent. These variations will be recommended, where feasible. Long-Term Implications. The EIR will discuss all significant unavoidable adverse impacts. Potential growth- inducing and irreversible impacts of the proposed project will also be discussed. Potential sources of growth inducement and their corresponding impacts, such as removal of obstacles to growth, will be qualitatively analyzed to the extent that they are applicable. Energy. Section 21100 (b) of the State CEQA Guidelines requires that an EIR include a detailed statement setting forth mitigation measures proposed to minimize a project's significant effects on the environment, including but not limited to measures to reduce the wasteful, inefficient, and unnecessary consumption of energy. Appendix F of the State CEQA Guidelines states that, in order to ensure that energy implications are considered in project decisions, the potential energy implications of a project shall be considered in an EIR, to the extent relevant and applicable to the project. In accordance with Appendix F of the State CEQA Guidelines, ESA will provide a summary of the anticipated energy needs at project build out conditions, impacts, and conservation measures, and potential electricity and natural gas demand. ESA will also describe policies, design standards, and mitigation measures that would reduce the wasteful, inefficient, and unnecessary consumption of energy. List of Report Preparers and References. This section will identify each individual who participated in preparation of the EIR. In addition, all references used in the EIR will be provided in this section. Appendices. All technical studies, survey results, data, and public and agency Initial Study/NOP comments will be included as appendix material to the Draft EIR. Deliverable: • Submit 5 hard copies and one electronic copy of the Administrative Draft EIR. Task 60-Draft EIR, Notice of Completion & Notice of Availability After receipt of comments on the Administrative Draft EIR from City staff, ESA will prepare the Draft EIR pursuant to the review comments and submit it to City staff as a "Proof Check" Draft EIR for public circulation approval in a web -supportable format. In addition, ESA will prepare the Notice of Completion (NOC)/Environmental Transmittal Form (ETF) and Notice of Availability for City review and approval. After City approval, ESA will reproduce a total of 15 hard copies of the Executive Summary, five hard copies of the Draft EIR and 40 COs of the Draft EIR with appendices. ESA will forward the NOC/ETF to the State Clearinghouse along with 15 hard copies of the NOA, 15 hard copies of the Executive Summary and 15 of the 40 COs of the EIR and appendices. ESA will also forward five hard copies of the NOA, five hard copies of the Draft EIR with five COs; one on the back of each copy that includes the Draft EIR with appendices to the City. The remaining 20 of the 40 COs will be sent by certified mail or overnight mail along with the NOA to the local agencies and interested persons on the City- 24 esassoc .com 3 I Scope of Work approved distribution list. If additional NOAs and Draft EIR CDs are required to be distributed, ESA will identify the additional costs within a brief augment proposal and will distribute them subsequent to City approval. ESA will prepare the Notice of Availability (NOA) for review and approval by City staff. A final version of the NOA will be sent to the City in a PDF format and one hard copy of the NOA will accompany each distributed copy of the Draft EIR as described above . ESA assumes the City will post the NOA and the Draft EIR on the City's website as well as publish the NOA in one of the local newspapers such as the San Gabriel Tribune or the Los Angeles Times. CEQA requires the newspaper publication of the NOA to occur for a minimum of one day. As described above, ESA will send the City a NOA in PDF format. The NOA can be forwarded by the City for publication in the newspaper. Deliverables: • Submit one hard copy of the Proof Check Draft EIR and NOA to the City. • Submit 15 hard copies of the Executive Summary, 15 hard copies of the NOA, and 15 CDs of the entire Draft EIR to the State Clearinghouse. • Submit five hard copies of the Draft EIR, five hard copies of the NOA and five CDs of the Draft EIR and Appendices attached to the back cover of the EIR to the City. • Distribute twenty NOAs and twenty CDs of the entire Draft EIR, including the Appendices to those on the City-Approved Distribution List. Task 7-Preparation of Final Environmental Documents Tas~ 7 A -Oraft Response to Comment~ The objective of this task is to prepare written responses to comments received on the Draft EIR that raise significant environmental issues and submit them for City staff review after the dose of the public comment period. The responses to comments will be prepared based on the State CEQA Guidelines. ESA assumes that the City will compile and transmit all written comments on the Draft EIR throughout the public review period as one unified set of comments following the dose of the public review period. ESA will prepare a matrix of comments, which will include the comment letter, the comment number within the comment letter, the issue area of the Draft EIR to which it applies, and whether the response will be an individual response or a topical/master response. ESA assumes that the applicant's consultants who prepared the technical reports will be availaple to assist in responding to comments provided on their specific analysis, if needed. Responses that are within this proposal's scope of work and budget consist of explanations, elaboration, or clarification of the data contained in the Draft EIR with a budgeted effort of up to 40 hours for ESA technical staff to prepare responses and an additional 8 hours for ESA publication staff to produce the Draft Response to Comments document. The Response to Comments document will include all comments letters, responses to those comments, and standard introductory material. All comments will be numbered (to indicate comment letter and comment number), and the responses to those comments will be similarly numbered to allow easy correlation. In addition, where the text of the Draft EIR must be revised, the text will be isolated as "text changes" in the Errata Section of the Response to Comments document t, indicating deleted text by strikeout and inserted text by double-underline. The text of the Draft EIR will not be revised. ESA will transmit the Draft Response to Comments document to City staff for review and comment. February 6, 2020 City of Diamo nd Bar I Crooked Creek Subd ivi sion EI R environmental science associates 25 3 I Scope of Work Deliverable: • Submit one electronic copy of the Draft Response to Comments Document. Task 78-Fina l Response to Comments (F inal EIR) After City staff provides comments on the Administrative Final EIR, ESA will revise the document and prepare the "Proof Check" Final Response to comments. The revisions will be prepared in conformance with this scope of work. If additional revisions are required based on factors such as substantive changes to the proposed project, changes to the alternatives' project descriptions, or changes in report format, additional funds may be required. This scope of work includes providing an electronic copy of the "Proof Check" Final Response to Comments Document, which will show the revisions in track changes that have occurred from the Draft Response to Comments Document. This will allow City staff to focus on the revisions. After City review and approval for distribution of the Final Response to Comments (Final) EIR, ESA will reproduce five hard copies and 20 COs. The hard copies will be provided to the City and the CDs will be distributed to those that have commented on the Draft EIR. The remaining COs will be provided to City staff. If additional hard copies or CD are required, ESA can provide additional copies after City approval of a scope and budget augment. ESA will also provide a draft version of the Notice of Determination (NOD) to City staff for submittal to the County Clerk, if the project is approved. Delivera bles: • Submit one electronic copy of the "Proof Check" Final Response to Comments (Final EIR) to City staff. • Reproduce and distribute five hard copies and 20 COs of the Final Response to Comments (Final EIR). • Submit one electronic copy of the NOD. l ask fC-Findinqs of ~acts and Ov8rrid;ng Considerations Pursuant to State CEQA Guidelines Section 15091, the lead agency must adopt findings for each of those significant effects identified in the EIR. The effects that were determined to be less than significant and no impacts will not be addressed . Accordingly, ESA will prepare the Findings of Fact necessary to allow for certification of the EIR. This task assumes one round of review/City comment on the Draft Findings of Fact. Pursuant to CEQA Guidelines Section 15093, the lead agency is required to adopt a Statement of Overriding Considerations outlining the economic, legal, social, technological, or other benefits of the project that outweigh its environmental consequences if the decision makers elect to override significant and unavoidable adverse impacts and proceed with approval of the project. As such, ESA will prepare the Statement of Overriding Considerations with input from City staff regarding the benefits of the project. This task assumes one round of review/City comment on the Draft Statement of Overriding Considerations. The final version of the Findings of Fact (including the Statement of Overriding Considerations) will be provided in a digital version including all exhibits and graphics, in a web-supportable format. Deliverables: • Submit one electronic copy of the Draft Findings of Fact (including the Overriding Considerations). • Submit one electronic copy of the final version of the Findings of Fact (including the Overriding Considerations). 26 esassoc.com 3 I Scope of Work Task 70 -Mitigation Monitoring and Reporting Program Pursuant to CEQA Guidelines Section 15097, ESA will p repare a comprehensive Mitigation Monitoring Reporting Program (MMRP) in compliance with State CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures identified in the Draft EIR, as well as any text changes that are identified in the Final EIR, and it will provide columns for necessary actions, timing, and parties responsible for verification. The Draft MMRP will be provided during the Draft Response to Comments submittal and the Final MMRP will be provided during the submittal of the Final Response to Comments (Final EIR). The Final MMRP will be provided in an electronic version, including all exhibits and graphics, in a web-supportable format. Deliverables: • Submit one electronic copy of the Draft MMRP . • Submit one electronic copy of the Final MMRP. Task 8-Meeting Attendance ESA's Project Manager with any necessary supporting staff will attend up to five project meetings with City staff to discuss the work program and progress, resolve issues, review comments on administrative documents and/or receive any additional direction from City staff, and up to five public meetings. ESA assumes three of the five project meetings will be by teleconference and two meetings will be in person. The public meetings could include one Community Workshop, one Scoping Meeting, and Planning Commission and City Council meetings. At each of the public meetings, ESA will be present to develop an understanding of the public's comments and concerns, answer questions on environmental issues, and make presentations on the EIR, as directed by City staff. ESA will also prepare PowerPoint presentations regarding the EIR process, mee~ing handouts, and meeting materi als, if needed. ESA assumes that all project-specific graphics and other project description materials will be provided by the City and project applicant. Deliverables: • Attendance at up to five project meetings with City staff. • Attendance at up to seven public meetings (including one Community Workshop, one Scoping Meeting, and Planning Commission and City Council meetings. Task 9-Project ManagemenVCoordination ESA will manage the preparation of the EIR and maintain frequent communication with City of Diamond Bar staff and project team members. This task will include up to ten conference calls with City staff to discuss the project status and issues related to the environmental review process. This task is intended to ensure that the project is running on time and within budget, and is technically correct and legally defensible. ESA's Project Manager will provide management liaison among the project team and City staff for communication of issues, transmittal of comments, financial management (i.e ., invoices), and other project management matters. Deliverable: • Attend up to ten conference calls with City of Diamond Bar staff. Febr uary 6, 2020 C ity of Diam ond Bar I Crooked Creek Subdivi sion EIR environmental sc ience associates 27 Budget Estimate Table 5-1 includes the not-to-exceed cost to complete the CEQA process for the Crooked Creek Subdivision EIR. The cost depicts the total labor by task and the anticipated direct costs. A detailed breakdown of the ESA personnel categories, hourly billing rates and hours are depicted in Table A-1 in Attachment A. Table A-2 in Attachment A includes a list of ESA project team staff assigned to the project and their personnel category as well as their role on the project. At this time, there are no fee increases anticipated with this budget estimate over the proposed 11-month project schedule. Table 5-l: PROJECT BUDGET Task Cost Task 1: Kickoff Meeting $3,160 Task2: Project Description 5,160 Task3: Native American Outreach and Consultation 3,490 ------- Task 4: Technical Reports 4A: ESA Technical Reports/Evaluations 45,340 Air Quality Evaluation (8,760) 1-· Cultural Resources Survey {13,470) r---------·------- Biological Resources Survey (including tree survey) {7,210) ------------- Greenhouse Gas Assessment (1,820) ---4 __ ... ------~--------------- Noise Assessment (7 ,520} ---------------. -------------------------- Aesthetics Analysis (6,560} ----· --------------------------------· ---------------- 48: CEQAAdequacy Review of Applicant's Technical 4,990 Reports/Evaluations --------1--------- Task 5: Project Alternatives 2,220 -·---------------·-----· ---. ··-------------~ ·-·------------f------------- Task 6: Preparation of Draft Environmental Documents -----------·----· -. -------------------------------------------- 6A: Administrative Draft Initial Study 4,240 ------------------- ------ 68: Notice of Preparation/Final Initial Study, Public Scoping Meeting Notice and 3,210 Distribution List -------·--·----------------------f------------ 6C: Administrative Draft EIR 88,000 ----------~ ----·------ 6D: Draft EIR, Notice of Completion & Notice of Availability 12,060 --------·- Task 7: Preparation of Final Environmental Documents r------·--------- 7A: Draft Response to Comments 8,470 ----·--- 78: Final Response to Comments (Final EIR) 3,940 f----·-· 7C: Findings of Fact and Overriding Considerations 7,530 7D: Mitigation Monitoring and Reporting Program 1,495 Task 8: Meeting Attendance 15,520 -----------------------------··----------··-------·-----·----------·---1-----------------------······--------··-- Task 9: Project Management/Coordination 10,760 Total Labor $219,585 Reimbursable Expenses (reprographics, travel, delivery, other} 7,400 Administrative Fee (15% of Subconsultant Fee) 1,110 Total Direct and Other Costs $8,510 r-· TOTAL $228,095 Table A-1: Budget Estimate ESA Labor Detail and Expense Summary City of Diamond Bar Crooked Creek Subdivision K Falrchld LMaier M. Houlihan I C. Lockwood I B. Allee s. Palomera Employee Names T. Witwer S. Nelson I H. Rous I C. Ehrlnger I 0 . Chan A. Abdelwahed I J. DeLaRochal F. Clark I A. Garcia I H. Wlnzenrled Labor Category 1 Senior DlractDr m Task# I Task Name/DescriJllion 1.0 IKlckoffMeetlng 2.0 !ProjectDeserlptlon 3.0 !Native-Amerlctn Outreach and Consuttlitlon -'.0 ITechnleaiReports 4A IESA Technical ReportsJEvaluatlons Air Quality Report CulluraiRtnourcesSurvey Biolog lcaiRr~sourcesSurvey Greenhouse Gas Assessment Aestholic:sAnatysls CEQA Adequacy Review of Applleont's Technical Reports/Evaluations ProjedAiternatlves Prepzuatfon of Drift Environmental Documents AdmlnlstratlveOraft.lnlttaiStudy Notfee of Preparatlon/Finallnlllll Study, Public Seeping Meeting Not1ce and Distribution Llat Administrative Draft EIR Introduction Executive Summary AcGthetlao Air Quality Biological Resources Cultura1Re60Ute&G Energy Geology/S oils Greenhouse Ga s Gases HazordsandHazardousMaterials/V\IIIdnre Hydrologyi\NaterCuallty Land Use/Planning Noise Public Services Transportatlon!Tralflc Tribal Cultural Resources Utii!UesiServ lceSyslems Other CECA Sections/Compile AOEIR Draft EIR, NOC, NOA 1.0 1Preparat1on of Final Environmental Document 7A lOran Response to Comments Final Response to Comments Flndlngs & Statement or Overriding Considerations 70 I Mitigation Monitoring and Reporting Program Meeting Attendance 9.0 I ProJect Management/Coordination Total Hours 300 I$ 10 15 42 240 I$ 16 18 10 10 42 24 149 ,:::~"o SenlorAssoclat. ManaglngAnoclatall ID 2251 $ 190 I$ 1751 $ 110 I$ 10 10 10 12 16 32 12 10 10 10 10 24 40 16 24 14 32 18 12 12 16 20 34 310 117 44 160)$ 12 42 10 40 112 S.nlor Asaoc .. tal 150)$ 16 16 14 106 125 10 32 24 24 24 16 26 12 20 30 252 WP Graphics I Admin Te:::l::n m I Ta:~~:;:n D I r.::~:~n I 120 I $ 100 I$ 85 3,160 4,320 840 3,270 220 1,760 12,020 1,450 6,650 350 1,820 7,520 6,560 4,990 2.000 220 3,780 460 2,240 970 2,840 2,000 4,020 16,280 2,910 3,160 4,440 3,240 7,000 3,480 4,340 2,520 3,000 2,000 4,800 1,670 3,250 12,090 24 12 4.080 10,980 1.080 7,590 880 3,940 6,610 720 1,375 120 15,520 10.760 52 38 16 105 Total Labor Costs 12.soa I s 35,760 I s 7 ,650 Is 58,900 Is 20,4751 s 7,480 I$ 17,920 I s 15,900 I s 31 .soo I s 2D6,tB5I $ 6,240 I s 3,8oo I s 1,360 Is 11.4oo Percent of Effort-Labor Hours Onfv Percent of Effort-Total Prolect Cost 3.3% I 11 .7% I 2.7% I 24.4% 9.2% 3.5% I 8.8% 8.3% 19.8% 91.7% I 4.1% 3.0% 1.3% s.3% 5.5% I 15.7% I 3.4% I 25.8% I 9.0% 3.3% 7.9% I 7.0'Ao 13.8% 2.7% 1.7% o.6'Ao ESA Labor Cost ESA Non~bor Expenses Reimbursable EX"penses Admlnlstrallve Fee (15%) Subtotal ESA Non-Labor Expenses Sub consultant Costs 15% 15.00 I s 31.00 I $ 20.00 -' $ 54.00 84.00 38.00 I $ 11 .00 I $ so.oo I $ 34.00 I $ 26.00 I $ 12.00 24.00 I $ 24.00 I s -•$ 6.00 I $ 16.00 10.00 24.00 I s 91 .00 16.00 20.00 25.00 20.00 I $ 40.00 26.00 24.00 16.00 24.00 I $ 16.00 25.00 e.ao I $ 26.00 I $ 98.00 I $ 74.00 I s -' $ 48.00 20.00 52.00 I s 10.00 I $ 66.00 I s 48.00 I $ 1,272 100.0% 3 ,160 5,160 3 ,490 8,760 13,470 7,210 1,820 7,520 6,560 4,990 2,220 4,240 3,21 0 880 2,840 2,000 4 ,020 16,280 2,910 3,160 4,440 3,240 7,000 3,480 4,340 2,520 3,000 2,000 4,800 1,670 3,250 16,170 12,060 8,470 3,940 7,530 1,495 15,520 10,760 219,585 96.3°,.{. 219,585 7,400 1,110 8,510 [I PROJECT TOTAL $ 228,095 II