HomeMy WebLinkAboutEPD Solutions
September 20, 2024
City of Diamond Bar
Attn: Dat Tran, Associate Planner
21810 Copley Drive
Diamond Bar, CA 91765
DTran@DiamondBarCA.gov
RE: PROPOSAL FOR CEQA COMPLIANCE FOR AN ELECTRONIC BILLBOARD IN THE CITY OF DIAMOND BAR
Thank you for the opportunity to submit this proposal to complete Environmental Documentation for the
Lemon Ave Billboard (Project). Based on a review of the Request for Proposal (RFP), EPD proposes to
prepare an Initial Study/Mitigated Negative Declaration (IS/MND) for the project, including specific
technical studies as required by the California Environmental Quality Act (CEQA).
EPD will manage the concurrent completion of the tasks outlined in the following section through strong
team collaboration and efficient project management. We believe we are the right firm to support the
City of Diamond Bar on this project for the following reasons:
EPD has a proven track record as a leader in environmental documentation experience. EPD’s
staff has completed dozens of documents in compliance with CEQA. These documents have
included CEQA exemptions, mitigated negative declarations, and environmental impact reports
for a wide array of projects, including residential developments, small- and large-scale commercial
and industrial facilities, master plans and General Plans. Our Vice President of Environmental
Planning, Konnie Dobreva, has worked on projects as diverse as the General Plan EIR for the
County of Los Angeles, CEQA analyses for numerous industrial individual warehouses and master
planned industrial projects in the Inland Empire, and infill residential communities throughout
San Bernardino County, to name a few. With this background, we will produce a CEQA document
of the highest quality for the scope proposed herein.
EPD offers a wide range of in-house capabilities. EPD brings to Diamond Bar an experienced team
skilled in preparation of CEQA streamlining documents and knowledgeable about CEQA standards
and expectations. EPD maintains in-house staff, including a transportation team and air quality
team, with advanced capabilities in all topic areas required for analysis. EPD also routinely works
with specialized subconsultants to provide supporting technical studies.
EPD understands what it takes to implement complex multi-faceted projects. For many of our
clients, we fulfill the complete range of activities required to successfully comply with CEQA,
including the preparation of technical studies, consultations with outside agencies, preparation
of all required notices, coordination of scoping meetings, reprographics, and meeting
presentations. Our staff functions as an extension of City staff, managing as much or as little as
requested for each project.
EPD recognizes that availability and responsiveness are a top priority. The proposed IS/MND
would be managed by principal-level staff, who would be available as required to attend in-person
meetings or conference calls with City staff to ensure information exchange is smooth and any
issues that arise are resolved quickly.
September 20, 2024 – Lemon Ave Billboard – Page 3
The following is our proposed scope of work and fee for the project. We look forward to working with you
and discussing this exciting opportunity with you further. Should you have any questions, please do not
hesitate to contact us at konnie@epdsolutions.com or (949) 794-1183.
Respectfully submitted,
EPD Solutions, Inc.
Konnie Dobreva, JD
Vice President of Environmental Planning
September 20, 2024 – Lemon Ave Billboard – Page 4
TABLE OF CONTENTS
EXPERIENCE AND BACKGROUND ........................................................................................................5
FIRM HISTORY ......................................................................................................................................... 5
EPD KEY PERSONNEL .............................................................................................................................. 5
SUPPORTING STAFF ................................................................................................................................ 6
SUBCONSULTANT TEAM ......................................................................................................................... 7
PROJECT SUMMARIES .......................................................................................................................... 10
REFERENCES .................................................................................................................................... 10
METHOD OF APPROACH ................................................................................................................... 12
PROJECT OVERVIEW ............................................................................................................................. 12
PROJECT APPROACH ............................................................................................................................. 12
SCOPE OF WORK ................................................................................................................................... 12
TASK 1. PROJECT INITIATION ............................................................................................................ 12
Task 1.1. Project Kickoff Meeting ......................................................................................................... 12
Task 1.2. Project Description ................................................................................................................ 13
TASK 2. PREPARATION OF TECHNICAL STUDIES ................................................................................. 14
Task 2.1. Air Quality, Energy, and Greenhouse Gas ............................................................................. 14
TASK 3. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ........................................................... 15
Task 3.1. Administrative Draft IS/MND ................................................................................................ 15
Task 3.2. Screencheck Draft IS/MND .................................................................................................... 16
Task 3.3. Public Draft IS/MND and Public Noticing .............................................................................. 16
Task 3.4. Response to Comments ........................................................................................................ 16
Task 3.5. Final IS/MND, MMRP & NOD ................................................................................................ 16
TASK 4. MEETINGS AND PUBLIC HEARINGS ....................................................................................... 17
Task 4.1. Meetings ................................................................................................................................ 17
Task 4.2. Public Hearings ...................................................................................................................... 17
TASK 5. CEQA PROJECT MANAGEMENT AND COORDINATION ........................................................... 17
PROPOSED SCHEDULE .......................................................................................................................... 19
PROPOSED BUDGET .............................................................................................................................. 20
Final IS/MND, MMRP & NOD ............................................................................................................... 20
September 20, 2024 – Lemon Ave Billboard – Page 5
EXPERIENCE AND BACKGROUND
Environment, Planning, Development Solutions, Inc. dba EPD Solutions, Inc.
Number of years in business 10+ (2013 – present)
Address 3333 Michelson Drive, Suite 500, Irvine, CA 92612
Primary point of contact Konnie Dobreva, Vice President of Environmental Planning
Telephone 949-794-1183
Email Konnie@epdsolutions.com
FIRM HISTORY
EPD is a corporation formed in 2013, and since then EPD has developed a unique breadth of experience
in the preparation of environmental documentation and project management that is unlike any other
firm. EPD is a full-service environmental consulting firm divided into Environmental Planning, Technical
Services, Development and Construction, and Operations teams. In total, EPD is comprised of 60
professional staff members, which include 12 environmental (CEQA) planners, 2 environmental project
coordinators, and 10 air quality and transportation planners/engineers. Given EPD’s staffing, our team is
able to provide dedicated Senior staff to focus on the City of Loma Linda’s project.
EPD KEY PERSONNEL
The following key staff members lead the EPD Project Management Team. The City’s primary day-to-day
contact and CEQA Project Director would be Konnie Dobreva. Qualifications and resume summaries for
these and other staff are provided below.
Konnie Dobreva, JD, Vice President of Environmental Planning – Project Director, Quality
Assurance/Quality Control
Jeremy Krout, AICP, President – Client Services
Meghan Macias, TE, Director of Technical Services – Traffic Impact Analysis Preparation
Terrance Smalls, Principal Environmental Planner – Project Manager
Konnie Dobreva, JD. Konnie has 25 years of public- and private-sector planning and legal experience,
including the preparation of environmental documents for a wide range of projects, including General
Plan and Housing Element updates, small-scale residential, large master planned communities,
commercial office, industrial, solar, and mixed-use. Her extensive experience has made her a keen
strategist and an effective writer of legally defensible environmental documents. Konnie has a Bachelor
of Arts in Environmental Analysis and Design from the University of California, Irvine and a Juris Doctor
from Pepperdine University. As previously noted, she is the Executive Vice President for the California
Association of Environmental Professionals (AEP), a 14-year Board member of the Orange County AEP and
is a frequent lecturer on CEQA for the AEP Advanced CEQA and CEQA Essentials workshop series.
Jeremy Krout, AICP, LEED GA. Jeremy, the founder of EPD, has experience in both the public and private
sectors, which has allowed him opportunities to prepare and manage various types of environmental
documents and project entitlements. Jeremy’s experience spans a diverse range of uniquely complex land
use planning and entitlement projects, due diligence studies, general plan amendments, zone changes,
environmental impact reports, development agreements, and construction projects. His clients have
entrusted him with these responsibilities based on his problem-solving approach and extensive real-world
experience in creating CEQA documents based on sound research and well-articulated strategies and
many successes on exigent projects.
September 20, 2024 – Lemon Ave Billboard – Page 6
Jeremy has dual Bachelor of Arts degrees in Geography and Environmental Studies from the University of
California, Santa Barbara, and a Master of City and Regional Planning from Cal Poly San Luis Obispo. He is
an active member of the American Planning Association and is certified by the American Institute of
Certified Planners (AICP).
Meghan Macias, TE. Registered Traffic Engineer #2697. Meghan will lead traffic analysis services and
development of traffic mitigation measure recommendations and fair share calculations, and would
coordinate preparation of intersection design plans, traffic signal design plans, other related services.
Meghan has over 18 years of experience in the transportation planning field and has worked on hundreds
of projects throughout California. She has a deep understanding of the regulations and methodologies
used by local and regional agencies throughout California, including application of local traffic study
guidelines, CMP and CEQA requirements and the Mitigation Fee Act. She holds a Master’s in Urban and
Regional Planning from the University of California, Irvine, is a registered Traffic Engineer, and an active
member of the Institute of Transportation Engineers (ITE). She was also a participant on the ITE SB743
Task Force to evaluate changes to the CEQA Guidelines resulting from SB743.
Terrance Smalls. Terrance Smalls is a seasoned urban planning professional with over a decade of
experience dedicated to enhancing communities through strategic planning and resource management.
With a background in urban planning and extensive experience in environmental assessment and policy
formulation, Terrance has been instrumental in guiding large-scale projects towards compliance with
regulatory standards while minimizing ecological impact. While a Supervising Planner at Kern County’s
Planning and Natural Resources Department, he led the Advanced Planning Unit and spearheaded the
development of the Kern County General Plan Update. During his tenure with the United States Navy
Naval Facilities Engineering Command (NAVFAC), Terrance played a pivotal role in coordinating
engineering projects and supporting over 140 tenant commands across multiple sprawling naval
installations, both stateside and abroad. His contributions were instrumental in the successful execution
of multi-million-dollar construction projects and the development of comprehensive plans to optimize
infrastructure utilization. Terrance’s dedication to excellence was recognized with prestigious awards,
including the NAVFAC Excellence Award, underscoring his commitment to delivering innovative solutions
and fostering collaboration across diverse stakeholders. He holds a Master of City Planning from San Diego
State University and a Bachelor of Arts in Political Science from University of California.
SUPPORTING STAFF
Alex Garber, Senior Technical Planner. Alex has over five years of experience in the areas of air quality,
greenhouse gas, environmental, and traffic planning and analysis. Alex has worked on traffic projects
ranging from focused access studies to large mixed-use projects analyzing over 50 intersections, roadway
segment analyses, and parking analyses. Additionally, Alex has experience writing and completing air
quality, energy, greenhouse gas, and health risk assessment analyses, spatial analyses using GIS software,
as well as writing CEQA documents. The types of projects Alex has worked on include residential,
industrial, commercial, institutional, solar utility, and mixed use at a development level, and specific plans
at a planning level. Alex has also showed valuable leadership at EPD Solutions by starting the air quality,
energy, GHG, and HRA discipline, as well as developing the transportation skills of new hires.
Meaghan Truman, Associate Environmental Planner III. Meaghan has five years of experience in the areas
of environmental planning, entitlements, and policy planning. Professional experience includes
preparation of environmental assessment documents and technical studies, in compliance with CEQA and
NEPA for both private and public sector clients, and project management of a diverse range of projects.
September 20, 2024 – Lemon Ave Billboard – Page 7
She has managed and prepared environmental documents for a diverse range of projects and clients:
small-scale residential and large specific plans, community parks, industrial, mixed-use, and schools.
Meaghan also sits on the Orange County Association of Environmental Professionals Board of Directors.
Her educational background is in environmental studies with a focus on policy and law.
Sam Kelley, Assistant Environmental Planner. Sam is a dedicated Assistant Environmental Planner who
brings a wealth of skills and experiences to his role. With over a year of experience in coordinating
environmental projects at EPD, he has demonstrated a strong commitment to quality and precision. Brady
has expertise in handling environmental compliance documentation and overseeing internal and external
project coordination. His tenure at EPD has compassed the preparation of a range of documents such as
Initial Studies, Mitigated Negative Declarations, Exemptions, and Environmental Impact Reports. Sam has
worked on a variety of development types including mixed-use, industrial, and residential projects.
SUBCONSULTANT TEAM
EPD’s subconsultants include LSA, whom EPD regularly works with on numerous projects throughout
Southern California as their quality of work meets EPD’s exacting standards successful guide projects
through the environmental clearance process. The following is a summary of LSA and their respective
expertise for this project.
LSA | Noise and Vibration Impact Analysis
LSA’s team of noise and vibration experts provide the comprehensive acoustical
assessment services necessary to comply with CEQA and NEPA, federal and state
administrations, and local requirements. Services include post-construction interior
noise assessments, construction monitoring, and preparation of technical studies for transportation and
development projects. LSA provides noise impact assessments analyzing stationary and transportation
noise impacts and assistance with response to comments, attendance at public hearings, and can provide
specialized training.
Key personnel from LSA for this project will be J.T. Stephens, who has over 10 years of experience working
on noise analyses. EPD has worked with LSA on noise analyses for over 50 different projects over the past
eight years.
PROJECT SHOWCASE
The EPD team has extensive experience providing environmental planning and permitting services,
including the preparation of CEQA and NEPA documents, to many jurisdictions throughout Southern
California. In addition, EPD provides CEQA and technical peer review services on behalf of numerous
jurisdictions throughout Southern California. The following table provides a brief snapshot of some of the
CEQA-related projects EPD has worked on in the last five years, showcasing EPD’s diverse project
experience.
September 20, 2024 – Lemon Ave Billboard – Page 8
Project Name Project Type Year
Completed Location
Services Provided Environmental Entitlement and Permitting Due Diligence Technical Services 22-151 Moreno Valley Billboard Commercial Ongoing Moreno Valley
Via Campo Digital Billboard Commercial 2024 Montebello
1021 Edinger Ave Billboard Commercial 2023 Tustin
Hemet Logistics West Industrial Ongoing Hemet
Newland Simpson Road Industrial Ongoing Hemet
Enderle Center Rezone Project Government Ongoing Tustin
The Market Place Rezone Project Government Ongoing Tustin
Tustin Legacy Specific Plan
Amendment Government Ongoing Tustin
Redlands RHNA Rezone Government Ongoing Redlands
Related Bristol Specific Plan EIR Mixed Use Ongoing Santa Ana
Advanced Technology &
Education Park (ATEP) Planning
and CEQA
Institutional Ongoing Tustin
South Coast Technology Center Industrial 2024 Santa Ana
National Tube Supply Industrial 2024 Hemet
747 Barranca Residential 15183 Residential 2024 Covina
Wood and Lurin Residential EIR Residential 2023 City of
Riverside
Signal Hill Self Storage COA
Amendment CEQA Exemption Commercial 2023 Signal Hill
Chase Road Residential Residential 2023 Fontana
Gierson Ranch Residential Project Residential 2023 Murrieta
Waterford Mixed-Use Project Mixed Use 2023 Rancho
Cucamonga
South Poplar Distribution Center Industrial 2023 Fontana
Mesa Linda Warehouse Industrial 2023 Hesperia
Griswold Residential Project EIR Residential 2023 County of Los
Angeles
Cottonwood Collection Residential 2023 Moreno Valley
Arrow Route Industrial Project Industrial 2023 San Bernardino
County
Mission Trail Lake Elsinore Residential 2023 Lake Elsinore
Kings CSG 3 Solar Project Energy 2023 Kings County
Kirby Street Warehouse Industrial 2023 Hemet
Ethanac and Barnett Warehouse Industrial 2023 Menifee
September 20, 2024 – Lemon Ave Billboard – Page 9
Project Name Project Type Year
Completed Location
Services Provided Environmental Entitlement and Permitting Due Diligence Technical Services Water Street and Harvill Ave Industrial 2023 Riverside
County
Slater Avenue Mixed-Use Project Mixed Use 2022 Fountain Valley
Arrow Rochester Warehouse Industrial 2022 Rancho
Cucamonga
Transit Villages Specific Plan EIR Government 2022 Redlands
Tustin Housing Element and MND Government 2022 Tustin
State Street Village SCEA Mixed Use 2022 Rancho
Cucamonga
Covina Recreation Village CEQA
and NEPA Recreation 2022 Covina
Well 28 Installation Public
Works 2021 City of Orange
City Center Redlands Mixed Use 2022 Redlands
Holly Triangle Townhomes Residential 2022 Huntington
Beach
Garry Avenue Business Park Industrial 2022 Santa Ana
Village at 707 N Barranca Mixed Use 2022 Covina
Visalia CSG Solar Energy 2022 Tulare County
Norco Housing Element Residential 2021 Norco
Covina Bowl Residential 2021 Covina
PreZero Redevelopment Industrial 2020 Jurupa Valley
Carden School Residential Residential 2020 Whittier
North Coast Highway Solar Energy 2020 Humboldt
County
The Bowery Mixed Use 2020 Santa Ana
Kia Dealership Commercial 2020 Moreno Valley
Pioneer Building Development Industrial 2020 Santa Fe
Springs
Palomino Business Park Commercial 2020 Norco
Twelve Oaks Winery Resort Commercial 2020 Riverside
County Residential
September 20, 2024 – Lemon Ave Billboard – Page 10
PROJECT SUMMARIES
The following summaries provide further details on projects EPD has worked on which are similar in scope
to the proposed project. References for the listed projects are provided below.
Via Campo Digital Billboard Project – City of Montebello
Scope of Work: Entitlements, Technical Studies, & Class 32 Exemption| Timeline: 2023 - 2024
Project Description: EPD obtained entitlements and is managing post-entitlement permitting for a 14 by 48 feet
Digital Display Billboard. The project included Caltrans approval, Development Agreement, Off-premises Digital
Display Sign Permit and Tree Removal Permit. In addition, EPD prepared an Air Quality Technical Memo for the
project and completed a Class 32 Exemption. EPD also handled construction management for the project.
Edinger Avenue Billboard Conversion Project – City of Tustin
Scope of Work: 15162 Consistency Memo | Timeline: 2023 - 2023
Project Description: EPD was contracted by the City of Tustin to prepare a 15162 Consistency Memo for the
project, which proposed to demolish the existing billboard and to construct a double-faced digital LED display
billboard. The new billboard would be 90 feet high and would be oriented towards SR-55. Under the Consistency
Memo, EPD compared impacts from the proposed project to impacts already analyzed under the MND prepared
for the City of Tustin Freeway Adjacent Digital Display Billboards Ordinance.
Moreno Valley Freeway Oriented Sign Project – City of Moreno Valley
Scope of Work: Entitlements, Technical Studies, & Class 32 Exemption | Timeline: 2024 - Ongoing
Project Description: EPD is preparing a Class 32 Exemption and related technical studies for a Freeway Oriented
Sign in the City of Moreno Valley. In addition, EPD is managing the entitlements for this project. The project
proposes to construct a 50-foot-high double-faced digital LED sign, facing SR-60. The evaluation of the project’s
consistency with requirements of a Class 32 Exemption includes a discussion of the project’s consistency with
Caltrans outdoor advertising permit requirements.
REFERENCES
Reference 1: City of Santa Ana
Agency: City of Santa Ana Planning Division
Contact: Ali Pezeshkpour, Planning Manager
Phone: 714-647-5882
Email: APezeshkpour@santa-ana.org
Description of Services:
(1) Bowery Mixed-Use Project: EIR for a 14.58-acre
mixed-use infill site, General Plan amendment, and
zoning amendment. Completed 2020.
(2) South Coast Technology Center: Peer reviewed
technical studies and 15183 exemption on behalf of
the City. Completed 2024.
(3) Related Bristol Specific Plan EIR: 3,750 residential
units, 350,000 SF of commercial space, 250 hotel
rooms, and 200 senior care units on a 41-acre site.
Ongoing. City Council Sept. 2024
Reference 2: City of Covina
Agency: City of Covina Planning Division
Contact: Mercy Lugo, Planning Manager
Phone: 626-384-5450
Email: mlugo@covinaca.gov
Description of Services:
(1) Evolve Industrial: Peer reviewed Class 32 exemption
and technical studies prepared for an industrial
project. Completed 2024.
(2) Zest 2.0: Prepared Class 32/15182 exemption and
technical studies for multi-family residential project.
Completed 2024.
September 20, 2024 – Lemon Ave Billboard – Page 11
Reference 3: City of Redlands
Agency: City of Redlands Community Development
Department
Contact: Brian Foote, Planning Manager
Phone: 909-798-7562
Email: bfoote@cityofredlands.org
Description of Services:
(1) Transit Villages Specific Plan: EIR for a Specific Plan
over 947 acres allowing for the development of up to
2,400 dwelling units, 220 hotel rooms, 265,000 SF of
retail commercial uses, 238,000 SF of office uses, and
280,000 SF of open space and parks. Completed 2022.
(2) State Street Village: SCEA for a mixed-use
development including 700 multi-family residential
units, 71,778 SF of ground-floor retail, 12,328 SF of
office space, amenity areas, community building, and a
1,721 SF rooftop restaurant space with a rooftop deck.
Completed 2022.
September 20, 2024 – Lemon Ave Billboard – Page 12
METHOD OF APPROACH
PROJECT OVERVIEW
The 6.1-acre project site is located at 880 South Lemon Avenue (APN 8760-015-901). The site is currently
developed as a bus parking lot. The site is bounded by Walnut Elementary school and adjacent Lycoming
Street to the north, South Lemon Avenue to the west, Glenwick Avenue to the east and the California
State Route 60 (SR 60) to the south and currently houses the Walnut Valley Unified School District offices.
The project proposes the installation of an approximately 100-foot-tall electronic billboard proposed to
be located in the existing parking lot at the southwest corner of the project site. The proposed billboard
will include a pole structure supporting two electronic sign boards displaying commercial and public
service advertisements. The proposed signs will be visible along SR 60 and nearby local arterial streets.
PROJECT APPROACH
It is our understanding that the City desires an Initial Study (IS) to be prepared to assess the project’s
impacts. We anticipate that project impacts will be less than significant; therefore, we have assumed that
the IS will support a Mitigated Negative Declaration (MND). However, should the analysis find that an
MND is not the appropriate document, EPD will coordinate with the City to determine the appropriate
CEQA pathway, be it an EIR if mitigation will not reduce impacts to a less than significant level, or an
Exemption should the technical studies show that no mitigation is required. The scope of work below
details the tasks necessary to complete an IS/MND.
SCOPE OF WORK
The following tasks are required to complete the environmental technical documentation for the project.
In the sections that follow, more details are provided regarding how each task will be accomplished, which
team members will be responsible for each task, and the work products that will be produced.
TASK 1. PROJECT INITIATION
Task 1.1. Project Kickoff Meeting
Upon receipt of the signed contract, EPD will schedule a kickoff meeting with the project team. EPD will
schedule and facilitate a kickoff meeting involving all relevant stakeholders, including project sponsors,
team members, and subject matter experts. During this meeting, EPD will define the project scope,
objectives, and key deliverables to ensure alignment among all participants.
Team members will be introduced, and their roles and responsibilities will be clarified. The project
timeline, milestones, and dependencies will be reviewed to provide a clear roadmap for the project.
Communication protocols, including the frequency of meetings, reporting mechanisms, and escalation
procedures, will be established to ensure effective coordination. EPD will identify potential risks and
develop mitigation strategies to address them. Additionally, all available documentation, reports, data,
and other relevant materials related to the project will be gathered.
September 20, 2024 – Lemon Ave Billboard – Page 13
Task 1.2. Project Description
Prior to the initiation of the environmental document, EPD will develop a detailed project description.
The project description is a critical first step in the CEQA compliance process. With all available
background information, we will prepare a project description to allow for an efficient and well-supported
analysis of all environmental issue areas to be studied in the document.
One of the keys to successful CEQA compliance is a clear definition of the project and its components. The
project description must be complete, comprehensive, stable, and finite to analyze the impacts accurately
and fully. The project description will need to describe the scope of project improvements,
implementation schedule and phasing, infrastructure requirements, construction process, and any offsite
improvements required for implementation of the proposed project. As needed, we will identify and seek
out any additional information to develop a thorough and complete project description.
We will also confer with the project team during this early process to discuss the potential environmental
impacts of the proposed project. This upfront evaluation of impacts will allow the project team to consider
project measures that would minimize environmental impacts, a process known as “mitigation by design.”
After this initial analysis, EPD will discuss with the project team the results and identify any potential issues
relative to the impact analysis.
EPD will provide a draft of the project description to the project team for review prior to using it in the
application package and CEQA document. EPD will make revisions as necessary. One round of revisions is
assumed.
Task 1.3. Tribal Consultation
EPD will assist the City in completing the Native American consultation process. The City, as the Lead
Agency, is responsible for initiating Assembly Bill 52 (AB 52) process. EPD will assist by contacting the
Native American Heritage Commission and local tribes, requesting the Sacred Land File search on behalf
of the City, and preparing the draft AB 52 notification letters for the City’s review and approval. EPD will
prepare consultation notifications and can distribute all mailings and attend any Native American
consultations, if so requested by the City. EPD will provide mitigation measures, agreed upon as necessary
by the City to reduce potential impacts to a less than significant level.
Task 1 Deliverables
Quantity Format Description
1 Conference Call Kickoff meeting
1 PDF/Word Refined project schedule
1 PDF/Word Project Description
1 PDF/Word AB 52 Consultation Notification Letters
September 20, 2024 – Lemon Ave Billboard – Page 14
TASK 2. PREPARATION OF TECHNICAL STUDIES
Task 2.1. Air Quality, Energy, and Greenhouse Gas
The proposed project is located within the jurisdiction of the South Coast Air Quality Management District
(SCAQMD). The following scope of work serves to meet the City and SCAQMD requirements for
preparation of Air Quality, Energy, and Greenhouse Gas analyses.
Task 2.1.1. Air Quality Impact Analysis
1. Evaluate the existing conditions of the project study area; this will include gathering
background air quality data, local wind patterns in the study area, and identifying applicable
rules, plans and thresholds of significance.
2. Identify construction-related air quality impacts from associated construction activities at the
project site which may include demolition, import or export of fill dirt, mass grading,
construction, paving, concrete pouring, etc.
3. Evaluate operational emissions for the proposed project, based upon trip generation
projections provided as part of the traffic analysis. In addition, emissions from other
operational sources such as heaters, air conditioners, water heaters, consumer products, and
lawn care equipment will also be considered.
4. Perform a screening-level Construction and Operational Localized Significance Threshold (LST)
analysis as recommended by the SCAQMD. The SCAQMD’s LST “look-up” tables will be utilized
and therefore no dispersion modeling is anticipated. If for some reason dispersion modeling
is required a separate proposal will be provided to address the extra work effort.
5. Evaluate potential odor impacts resulting from the proposed project. Identify applicable
mitigation measures and regulatory requirements that the project must comply with to
minimize odors. For the purposes of this evaluation a qualitative assessment of odors and
odor controls is expected.
6. Qualitatively discuss cumulative impacts within the context of planned and foreseeable
projects for short-term construction and long-term operational activity.
7. Identify and recommend mitigation measures that are feasible to implement and that will
reduce any potential impacts to the maximum extent possible. Prepare an air quality report
that incorporates the findings and all supporting calculations.
8. Revise the air quality impact analysis report based on comments provided by the project team
for up to one review cycle.
Task 2.1.2. Energy Demand Calculations
EPD will analyze the energy demand of the project pursuant to these tasks.
1. Quantify construction energy consumption from the proposed project (equipment and
vehicles).
2. Quantify direct and indirect electricity energy consumption from the proposed project.
3. Quantify natural gas energy consumption from the proposed project.
4. Identify transportation fuels supply, demand, consumption, and infrastructure associated
with on-going operations.
5. Provide summary tables in excel and PDF format for inclusion in the CEQA document.
September 20, 2024 – Lemon Ave Billboard – Page 15
Task 2.1.3. Greenhouse Gas Emissions Analysis
EPD will complete the following:
1. Evaluate applicable federal and state regulatory requirements (i.e., AB 32, Air quality district,
CARB thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality.
2. Evaluate applicable GHG emissions associated with heavy-duty construction equipment
combustion that will likely occur during the various phases of construction. Data available
from the project team and technical air quality analysis will be utilized in characterizing GHG-
generating activities.
3. Evaluate increase in applicable GHG emissions associated with long-term mobile source
activity. Data available from the technical air quality analysis as well as the technical traffic
analysis will also likely be utilized in calculating the emissions inventory.
4. The emissions evaluation for short-term construction, long-term mobile source, and long-
term stationary source activity will consider project design, and mitigation measures that
have the potential to reduce GHG emissions.
5. Evaluate project significance based on the latest guidance from the California Attorney
General’s Office, the Office of Planning and Research (OPR), the air quality district, and CARB.
6. Prepare a greenhouse gas emissions report documenting the results of the study. The report
will summarize the results of the previous work tasks and define appropriate and feasible
mitigation packages to address any significant impacts related to climate change found in the
analysis.
7. Revise the greenhouse gas analysis report based on comments provided by the project team
for up to one review cycle.
Task 2.1.4. Technical Services Project Management
This task includes unforeseen coordination and technical tasks that are not included in the traffic or air
quality scope of work. Services covered under technical project management could include coordination
with the City and client on transportation-related project items, including, but not limited to coordination
with the project team on onsite circulation, access design and trip distribution with the intention of
assisting the project in progressing through the entitlement process. This task also includes virtual
meetings with the City or project team.
Task 2 Deliverables
Quantity Format Description
2 PDF/Word Draft Technical Studies
2 PDF/Word Final Technical Studies
TASK 3. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Task 3.1. Administrative Draft IS/MND
EPD will prepare an Initial Study consistent with the State CEQA Guidelines. We anticipate the Initial Study
will be used to support the use of an MND. An administrative draft of the IS/MND will be provided to the
City for review in Word and PDF. One round of review is assumed.
September 20, 2024 – Lemon Ave Billboard – Page 16
Task 3.2. Screencheck Draft IS/MND
Based on comments from the project team, a screencheck draft will be submitted to the City for review.
It is also assumed that all City staff comments concerning the screencheck draft IS/MND will be
consolidated and transmitted in writing or via email to EPD at the same time. City comments will be
incorporated into an updated document. One round of review is assumed.
Task 3.3. Public Draft IS/MND and Public Noticing
Incorporating City team comments, EPD will prepare a public draft IS/MND and prepare the document for
public release and distribution. At the conclusion of this task, EPD will coordinate public release of the
IS/MND and Notice of Completion (NOC) for a 20- or 30-day review period. As part of this task, EPD will
prepare the Notice of Intent (NOI) and will publish the NOI in the newspaper, send the NOI to the radius
and agency list, and post the NOI with the Los Angeles County Clerk on behalf of the City. EPD will post
the IS/MND, Appendices, NOI, and NOC to the State Clearinghouse website on behalf of the City.
Task 3.4. Response to Comments
During the public review period and immediately thereafter, EPD will prepare responses to public
comments and communicate with the City to discuss any comments that raise significant issues or require
additional analysis beyond what has been completed under Tasks 2 and 3 and assumed in this proposal.
EPD will inform the City immediately if a large number of comments are received, requiring responses
that will incur additional costs requiring a change order is needed. A total of 24 hours have been assumed
for this task.
Task 3.5. Final IS/MND, MMRP & NOD
EPD will compile the Final IS/MND document and Mitigation Monitoring and Reporting Program (MMRP).
Upon the City approval of the environmental document, EPD will coordinate filing of the Notice of
Determination (NOD) with the Los Angeles County Clerk and State Clearinghouse.
Task 3 Deliverables
Quantity Format Description
1 PDF/Word Admin Draft IS/MND
1 PDF/Word Revised Admin Draft 1 IS/MND
1 PDF/Word Public IS/MND
2 Print Public IS/MND
1 PDF/Word Draft Final IS/MND
1 PDF/Word Final IS/MND
1 PDF/Word NOD or NOE
1 Print for Filing NOD or NOE
September 20, 2024 – Lemon Ave Billboard – Page 17
TASK 4. MEETINGS AND PUBLIC HEARINGS
Task 4.1. Meetings
To effectively manage the costs of the project, EPD will attend half-hour bi-weekly conference calls
(briefings) to update the Client on upcoming deliverables and discuss any potential issues that may impact
the scope of work for the approximately 8-month duration of the project. EPD will draft agendas in
advance of these meetings and deliver minutes via email to the entire project team. The minutes will
identify action items and the responsible party to implement said action item. In addition to standing
meetings, EPD will be available to the City staff to answer questions, address concerns, or to clarify issues
as they arise. If the schedule extends beyond 8 months, an additional budget will likely be required.
Task 4.2. Public Hearings
EPD will attend public hearings held for the proposed Project. These hearings are anticipated to include
one Planning Commission hearing and one Board of Supervisors hearing. The EPD Project Manager will be
prepared to answer technical questions related to the IS/MND and relevant comments on the CEQA
Document raised during the public hearing meetings. Technical analysis specialists are expected to also
be in attendance, as included in the budget. The budget for this task includes approximately 4 hours for
the Project Manager for each meeting. The budgeted hours per hearing includes hearing attendance, pre-
hearing City meetings, and preparation performed by support staff.
TASK 5. CEQA PROJECT MANAGEMENT AND COORDINATION
EPD’s CEQA project manager will coordinate closely with the project team and City staff to ensure that
the CEQA document and associated documents delivered to the City are legally defensible, accurate, and
useful to decision makers considering the approval of the project. The project manager will also
coordinate with City staff throughout the process not only to streamline the CEQA process, but to avoid
or anticipate any changes that could result in delays.
EPD will attend bi-weekly conference calls (briefings) to update the project team and the City on upcoming
deliverables and discuss any potential issues that may impact the scope of work. EPD will draft agendas
in advance of these meetings and deliver minutes via email to the entire project team. The minutes will
identify action items and the responsible party to implement said action item. In addition to standing
meetings, EPD will be available to the project team and City staff to answer questions, address concerns,
or to clarify issues as they arise.
The project manager will be the key contact for City, and will be responsible for managing (1) CEQA
document task scheduling and assignment, management of resources, monitoring of costs, and schedule
adherence; (2) consultation and coordination with local and state agencies relative to the environmental
document and the environmental review process; (3) coordination and communications with the project
team and City staff to ensure that their policies, procedures, and any applicable codes are complied with
and, where applicable, are incorporated into the CEQA document; (4) ensuring that the environmental
review process and the CEQA document satisfy the statutes and guidelines of CEQA and CEQA procedures;
and (5) representing the consultant team in public meetings and project progress meetings as requested
by the City.
September 20, 2024 – Lemon Ave Billboard – Page 18
This scope of work assumes ongoing project management at an estimated 1 hour/week for the Project
Manager and 1 hour/month for the principal-in-charge for the duration of the schedule as estimated in
this proposal, excluding public review periods.
September 20, 2024 – Lemon Ave Billboard – Page 19
PROPOSED SCHEDULE
Task Name Duration Start Date End Date
Summary
Lemon Ave Billboard IS/MND Schedule 391d 01/12/24 07/13/25
EPD Kick Off 1d 10/29/24 10/29/24
Project Kickoff 1d 10/29/24 10/29/24
Technical Studies 30d 10/30/24 12/10/24
AB 52 Consultation 30d 10/30/24 12/10/24
Technical - Air Quality Analysis 273d 01/12/24 01/28/25
Air Quality Analysis Kickoff 1d 12/11/24 12/11/24
Air Quality Analysis 4w 12/11/24 01/07/25
Air Quality Internal Review & Revision 1w 01/08/25 01/14/25
Final Revisions and Finalization of Air Quality Analysis 1w 01/15/25 01/21/25
Technical - Noise 20d 01/12/24 02/08/24
Noise Kickoff 1d 12/11/24 12/11/24
Noise Preparation of Studies 5w 12/11/24 01/14/25
Noise Internal Review & Revisions 1w 01/15/25 01/21/25
Finalization of Noise Report 1w 01/22/25 01/28/25
CEQA 152d 10/30/24 05/29/25
IS/MND 152d 10/30/24 05/29/25
Internal EPD CEQA Team Kickoff 1d 10/30/24 10/30/24
Draft Project Description 1w 12/11/24 12/17/24
Completion of Admin Draft IS/MND (2 weeks after tech studies are done)2w 01/29/25 02/11/25
SCWD Review of Admin Draft IS/MND 2w 02/12/25 02/25/25
Revisions to Screencheck Draft IS/MND 1w 02/26/25 03/04/25
2nd Lead Agency Review of Screencheck Draft IS/MND 2w 03/05/25 03/18/25
Preparation of Public Review Draft IS/MND 1w 03/19/25 03/25/25
Release of IS/MND, NOC, NOI for Public Review 1d 03/26/25 03/26/25
20-day Public Review Period e20d 03/26/25 04/15/25
Preparation of Admin Draft RTC & Final MND 2w 04/16/25 04/29/25
1st Lead Agency Review of RTCs & Final MND 2w 04/30/25 05/13/25
RTC & Final MND Revisions 1w 05/14/25 05/20/25
Public Review of RTC (with Staff Report)7d 05/21/25 05/29/25
Hearings 22d 06/12/25 07/13/25
Planning Commission Meeting (2nd & 4th Thurs)1d 06/12/25 06/12/25
City Council Meeting (1st & 3rd Tuesday)1d 07/01/25 07/01/25
File NOD 1d 07/02/25 07/02/25
Statute of Limitation e30d 07/02/25 08/01/25
September 20, 2024 – Lemon Ave Billboard – Page 20
PROPOSED BUDGET
Task # Tasks Fee Type Fee
1. PROJECT INITIATION
1.1 Project Kickoff Meeting Fixed Fee $2,195
1.2 Project Description Fixed Fee $4,790
1.3 Tribal Consultation Fixed Fee $1,720
2. PREPARATION OF TECHNICAL STUDIES
2.1 Air Quality, Energy, Greenhouse Gas, and Health Risk Analyses
2.1.1 Air Quality Impact Analysis Fixed Fee $4,520
2.1.2 Energy Demand Calculations Fixed Fee $2,030
2.1.3 Greenhouse Gas Emissions Analysis Fixed Fee $2,860
2.1.4 Technical Services Project Management Not to Exceed $5,190
3. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
3.1 Administrative Draft IS/MND Fixed Fee $21,800
3.2 Screencheck Draft IS/MND Not to Exceed $6,040
3.3 Public Draft IS/MND Fixed Fee $3,590
3.4 Response to Comments Not to Exceed $7,150
3.5 Final IS/MND, MMRP & NOD Fixed Fee $5,840
4. MEETINGS AND PUBLIC HEARINGS
4.1 Meetings Not to Exceed $4,325
4.2 Public Hearings Not to Exceed $3,925
5. CEQA PROJECT MANAGEMENT AND COORDINATION Not to Exceed $10,200
Expenses Not to Exceed $4,309
September 20, 2024 – Lemon Ave Billboard – Page 21
Task # Tasks Fee Type Fee
TOTAL $90,484
Assumptions
Our cost estimate is based on our scope of services and schedule, and the following assumptions:
• The cost estimate is valid for up to 60 days from the date of submittal, after which it may be
subject to revision.
• Costs have been allocated to tasks to determine the total budget. A “Not to Exceed” dollar amount
for each of the tasks is provided except where indicated as a “Fixed Fee.”
• If additional meetings or site visits are requested or additional work beyond the allowances
described herein are required, such meetings and work would require an amendment of the
budget.
• An estimated expense budget is included that is intended to cover direct expenses such as
mileage, reprographics and deliveries to the agency. Agency fees are not included in the budget.
• Additional review cycles or additional versions of administrative drafts of any documents beyond
the assumptions contained within the scope of work will constitute additional work.
• With EPD’s sole discretion, we reserve the right to reallocate costs among tasks, as needed, as
long as the total budget is not exceeded. Tasks with unexpended budget will be invoiced in the
final invoice.
• Subconsultants may be substituted at EPD’s sole discretion.
• If a delay of 90 days or more occurs as a result of circumstances beyond our control, we reserve
the right to adjust our budget to account for additional project management requirements,
increased labor rates, and other costs.
Thank you again for your consideration and interest in EPD Solutions, Inc. Should you have any questions,
please do not hesitate to contact Konnie Dobreva at Konnie@epdsolutions.com, or the EPD Contracts
Team at Contracts@epdsolutions.com or (949) 794-1180.
Sincerely,
EPD Solutions, Inc.
Client: City of Diamond Bar
Signature:
Signature:
Name:
Name:
Title:
Title:
Date:
Date:
September 20, 2024 – Lemon Ave Billboard – Page 22
PROVISIONS OF AGREEMENT
RKAA Architects, Inc. (“Client”) and Environment Planning Development Solutions, Inc. (“Consultant”)
agree that the following Provisions of Agreement (“Provisions”) shall be part of the agreement to Client
dated September 20, 2024 for the services described therein (“Project”) to which these Provisions are
attached and both shall be considered and constitute the “Agreement” referenced herein.
I. MUTUAL RESPONSIBILITIES:
1. Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities
and obligations under this Agreement. Both Client and Consultant shall endeavor to maintain
good working relationships among members of the project team.
2. Ownership of Instruments of Service: All documents prepared or furnished by Consultant
pursuant to this Agreement are Consultant’s Instruments of Service, have been prepared for use
solely with respect to this Project, and Consultant shall retain an ownership and property interest
therein. Consultant grants Client a license to use Consultant’s Instruments of Service for the
purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such
documents by Client, without Consultant’s written permission, shall be at Client’s sole risk, and
Client agrees to indemnify and hold Consultant harmless from all claims, damages and expenses,
including attorneys’ fees, arising out of such reuse by Client or by others acting through Client.
Client acknowledges that Consultant’s Instruments of Service may be stored and delivered to Client and
others in electronic files (“Data”), and that anomalies and errors can be introduced into the Data when it
is transferred or used in conjunction with incompatible computer equipment or software. Consultant’s
Data is being furnished "as is" and Consultant shall have no duty to modify or update the Data unless a
part of the approved Project. Consultant reserves the right to retain an archival paper or electronic copy
of the Data delivered to Client or the general contractor which shall be referred to and shall be conclusive
proof and govern in all disputes over the form or content of the Data furnished by Consultant.
If Consultant is not paid in full for all its services, Client shall, upon demand, return Consultant and
Consultant’s sub-consultants Instruments of Service and refrain from using Instruments of Service for any
purpose whatsoever.
II. CONSULTANTS RESPONSIBILITIES:
1. Consultant will perform its professional services in the manner identified in the Agreement for
the identified fixed fees and budgeted items, excluding direct expenses. Services provided on a
time and materials basis or additional services will be charged based on the following hourly billing
rates:
List of Standard Hourly Rates
Position Level Hourly Rate
President; Principal; Sr. Vice President; Vice President $350 - $425
Director; Sr. Director $285 - $350
Senior Project Manager; Senior Planner; Senior Engineer $235 - $285
Project Manager; Associate II and III Planner; Associate Engineer; Sr. Analyst $190 - $265
September 20, 2024 – Lemon Ave Billboard – Page 23
Junior Project Manager; Assistant Project Manager; Associate I Planner; Assistant
Planner
$165 - $210
Analyst; Junior Engineer; Technical Editor; Sr. Project Coordinator $150 - $175
Project Coordinator; Drafter; Assistant Analyst $135 - $165
Support Staff $100 - $135
Once the maximum fee is reached, Consultant will stop work unless Consultant and Client agree to
increase the maximum fee amount or Client agrees to pay for additional services in accordance with
Consultant's billing rates identified herein.
This rate schedule is subject to change due to the granting of wage increases and/or other employer
benefits to field or office employees during the lifetime of this agreement.
2. Document printing and preparation may be billed directly to Client’s account at the printing
company at no additional administrative cost. Consultant administrative cost at cost plus fifteen
percent (15%) will be billed when under Consultant’s account. All other reimbursable
expenditures will be invoiced at cost plus fifteen percent (15%) handling fee. Sub-consultant costs
not covered under this Agreement will be billed at cost plus twenty-five percent (25%). Mileage
will be billed at the standard Federal rate as provided under Internal Revenue code.
3. Standard of Care: Consultant’s services shall be provided consistent with and limited to the
standard of care applicable to such services, which is that Consultant shall provide its services
consistent with the professional skill and care ordinarily provided by members of the same
profession practicing in the same or similar locality under the same or similar circumstances. Such
standard of care is not a warranty or guarantee and Consultant shall have no such obligation.
4. This Agreement comprises the entire and integrated agreement between Client and Consultant
and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by an authorized representative
of both Client and Consultant.
5. If any of the provisions of this Agreement shall be finally determined to be invalid or
unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and
effect and be binding upon Client and Consultant hereto. Client and Consultant agree to reform
this Agreement to replace any such invalid or unenforceable provision with a valid and
enforceable provision that comes as close as possible to the intention of the stricken provision.
6. If the scope of services includes Consultant's assistance in applying for governmental permits or
approvals, Consultant's assistance shall not constitute a representation, warranty or guarantee
that such permits or approvals will be acted upon favorably by any governmental agency.
7. Governing Law: The laws of the state in which the Project is located shall govern the validity and
interpretation of this Agreement.
8. Construction Observation: Consultant shall visit the project at intervals appropriate in the
Consultant’s professional opinion, or as otherwise required by Client and agreed upon by
Consultant, during construction to become generally familiar with the progress and quality of
contractor’s work and to determine if the work is proceeding in general accordance with the
September 20, 2024 – Lemon Ave Billboard – Page 24
Contract Documents. Client has not retained Consultant to make detailed inspections or to
provide exhaustive or continuous project review and observation services. Consultant does not
guarantee the performance of, and shall have no responsibility for, the acts or omissions of any
contractor, subcontractor, supplier, or any other entity furnishing materials or performing any
work on the project.
If Client desires more extensive project observation or full-time project representation, Client shall
request such services be provided by Consultant as Additional Services in accordance with the terms of
this Agreement.
It is agreed that Consultant’s services under this Agreement do not include project observation, review of
contractor’s performance or any other construction phase services. Client assumes all responsibility for
all construction phase services including, but not limited to:
a. Submittal review and approval
b. Contract document interpretation
c. Site observations
d. Change order review and approval
e. Review and approval of contractor payment applications
f. Certificates of substantial and final completion
g. Preparation and disposition of punch lists
h. Responding to contractor requests for information
i. Administration of any operational and maintenance training including collection
operational and training manuals
Client waives any claims against Consultant that may be in any way connected with Client’s decision not
to retain Consultant to perform construction phase services. Client agrees, to the fullest extent permitted
by law, to indemnify and hold harmless Consultant, its officers, directors, employees and sub-consultants
(collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys’ fees and
defense costs, arising out of or in any way connected with the performance of such services by other
persons or entities and from any and all claims arising from modifications, clarifications, interpretations,
adjustments or changes made to Contract Documents to reflect changed field or other conditions.
Client, Client’s contractors or subcontractors, or anyone for whom Client is legally liable shall assume full
responsibility for the results of any changes made to the Contract Documents by persons other than
Consultant during construction. Client agrees to waive any claims against Consultant and to release
Consultant from any liability arising directly or indirectly from such changes.
Contract Documents Definition: The Contract Documents consist of the agreement, conditions of the
contract (general, supplementary and other conditions), drawings, specifications, addenda issued prior to
execution of the Agreement, other documents and modifications issued after execution of the Agreement.
9. Jobsite Safety: Consultant shall not supervise, direct or have control over general contractor or its
subcontractors, regardless of tier, any employee or agent thereof (hereinafter “Contractor”)
work. Consultant shall not have authority over or responsibility for the construction means,
methods, techniques, sequences or procedures or for safety precautions and programs in
connection with the work of Contractor. Consultant does not guarantee the performance of the
September 20, 2024 – Lemon Ave Billboard – Page 25
construction contract by Contractor and does not assume responsibility for Contractor’s failure to
furnish and perform its work in accordance with the Construction Documents.
III. CLIENT’S RESPONSIBILITIES
1. Client acknowledges that its right to utilize reports and other documents of Consultant provided
pursuant to this Agreement will continue only so long as Client is not in default, pursuant to the
terms and conditions of this Agreement, and Client has performed all its obligations under this
Agreement, including but not limited to payment for services rendered.
2. Client further agrees to waive all claims against Consultant resulting in any way from any
unauthorized changes, use or reuse of the electronic files for any other project by anyone other
than Consultant.
3. All fees and other charges due Consultant will be billed monthly and shall be due at the time of
billing unless specified otherwise in this Agreement.
4. Consultant will provide Client with monthly invoices for services rendered and costs advanced.
Client agrees that all billings from Consultant to Client are correct and binding on Client unless
Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing
of alleged inaccuracies, discrepancies, or errors in billing.
5. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half
percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which
will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. If
Client notes any inaccuracies, discrepancies, or errors in billing pursuant to Article III, late fees
shall only apply beginning on the thirty-one (31) days after the inaccuracies, discrepancies, or
errors have been corrected.
IV. OWNERSHIP AND USE OF DOCUMENTS AND DATA
1. Survival: Notwithstanding completion or termination of this Agreement for any reason, all rights,
duties and obligations of the parties to this Agreement shall survive such completion or
termination and remain in full force and effect until fulfilled hereunder and termination of this
Agreement.
V. RISK ALLOCATION
1. Waiver of Consequential Damages: Notwithstanding any other provisions in this Agreement,
Client and Consultant each waive any incidental, indirect or consequential damages against the
other party arising out of or connected in any way to the Project or this Agreement.
Notwithstanding anything to the contrary set forth herein, the foregoing waiver shall not apply if
the consequential damages are covered by Consultant’s insurance policy.
2. Indemnity: Consultant and Client each agrees to indemnify and hold harmless the other
(Indemnitor and Indemnitee), and its respective principals, officers, directors, partners,
employees, and any other entity or person for which Indemnitor and Indemnitee is legally liable,
from and against any damages, losses, liabilities, judgments, settlements, expenses, and costs
(including reasonable and necessary attorneys' fees, costs and expenses recoverable under
applicable law), that Indemnitee incurs as a result of third party claims, demands, actions, suits or
September 20, 2024 – Lemon Ave Billboard – Page 26
matters connected therewith, to the extent caused by the negligent acts, errors or omissions, or
willful misconduct of Indemnitor in the performance of services under this Agreement and any
other entity or person for which the Indemnitor is legally liable. Indemnitor agrees use
commercially reasonable efforts to obtain executed indemnity agreements with provisions
identical to those set forth in this indemnity provision from each and every consultant it retains.
In no event shall the indemnification obligation extend beyond the date when the institution of
legal or equitable proceedings for professional negligence would be barred by any applicable
statute of repose or statute of limitations. Indemnitor is not obligated to indemnify and hold
harmless Indemnitee for its active or sole negligence, or willful misconduct.
If the project is in California, notwithstanding the foregoing, if Indemnitor’s obligation to indemnify arises
out of Indemnitor’s performance of services for the Project as a “design professional,” as that term is
defined in California Civil Code Section 2782.8, Indemnitor’s indemnity obligation shall be limited in
accordance with the provisions of Section 2782.8 as it was in effect as of the date of this Agreement.
If the project is not in California, Notwithstanding any language to the contrary in this Indemnity,
Indemnitor shall only be required to reimburse Indemnitee for its reasonable defense fees, costs, and
expenses in direct proportion to Indemnitor’s negligence on a percentage basis as ultimately determined
by a court of competent jurisdiction and further, only to the extent such fees, costs, and expenses were
directly attributable to Indemnitee’s defense of a suit based on Indemnitor’s actual negligence.
Indemnitor is not obligated to indemnify the Indemnitee for Indemnitee's own negligence or willful
misconduct.
3. Waiver of Personal Liability: It is intended by the parties to this Agreement that Consultant or its
sub-consultant(s) services in connection with this Project shall not subject Consultant’s or its sub-
consultant(s) individual employees, officers or directors to any personal legal exposure for the
risks associated with the Project or this Agreement, or any Addenda. Therefore, and
notwithstanding anything to the contrary contained herein, Client agrees that as Client’s sole and
exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against
Consultant, a California corporation or its incorporated sub-consultant(s), and not against any of
Consultant or its sub-consultant(s) individual employees, officers or directors.
4. Consultant will be legally liable for only the services expressly undertaken pursuant to this
Agreement, and not otherwise. Consultant will not be legally liable for the providing of, or the
failure to provide other services, even if information from others is incorporated into Consultant's
instruments of service for ease of reference or otherwise. Further, and without limitation,
Consultant will not be responsible for delays or other matters beyond its reasonable control; for
inaccurate information provided to it by Client or other reasonably reliable sources; for site
conditions of which it was not informed; for hazardous materials or toxic substances at the Project
site; for construction means, methods, techniques, sequences or procedures, including without
limitation excavation, shoring, demolition or erection procedures or construction safety
precautions and programs; for the timeliness or quality of contractor performance or for the
failure of any contractor to perform work in accordance with the Project’s construction
documents; or for actions or inaction of third parties including other consultants, utility
companies and governmental or quasi-governmental agencies.
5. Limitation of Liability: To the extent permitted by law, the total liability, in the aggregate, of
Consultant and its employees, officers, directors, members, partners, agents, and consultants, to
Client, its subsidiary and/or affiliated companies and its respective employees, officers, directors,
members, partners, agents and anyone claiming by, through, or under Client, for any and all
September 20, 2024 – Lemon Ave Billboard – Page 27
injuries, claims, losses, expenses, or damages whatsoever arising out of, resulting from or in any
way related to Consultant’s services, the Project or this Agreement, or any addenda, from any
cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of
express or implied contract or warranty shall not exceed a total amount of $50,000.
6. Certification: Consultant shall not be required to execute certificates, consents or reliance letters
that would require knowledge, services or responsibilities beyond the scope of this Agreement,
and shall not be required to sign any documents that would result in Consultant having to certify
the existence of conditions whose existence Consultant cannot reasonably ascertain beyond its
standard of care.
7. Unauthorized Changes to Plans: In the event Client, Client's contractors or subcontractors or
anyone for whom Client is legally liable, makes or permits any changes to be made to any reports,
plans, specifications or other construction documents prepared by Consultant without obtaining
Consultant's prior written consent, Client agrees to waive any claim against Consultant and to
release Consultant from any liability arising directly or indirectly from such changes. In addition,
Client agrees (1) to the fullest extent permitted by law, to indemnify and hold harmless Consultant
from any damages, liabilities or costs arising from such change, and (2) to include in any contracts
for construction appropriate language that prohibits any contractor or subcontractors of any tier
from making any changes or modifications to Consultant's construction documents without the
prior written approval of Consultant and that further requires contractor to indemnify both
Consultant and Client from any liability or cost arising from such changes made without such
proper authorization.
VI. INSURANCE
1. Insurance: Consultant shall purchase business insurance as follows:
a. Professional Liability Insurance, with prior acts coverage sufficient to cover the services
performed under this Agreement, and policy limits in an amount of $1,000,000 each claim and
$2,000,000 annual policy period aggregate limit.
Consultant specifically agrees, pursuant to this Agreement, to waive any rights of recovery against Client
because of any payment made to the extent coverage is provided by the policy.
b. Commercial General Liability Insurance (ISO CG 0001 0413), or another equivalent occurrence-
based policy form, including coverage for bodily injury and property damage liability arising out
of premises, operations, completed operations, and products in addition to advertising injury and
personal injury liability coverage with a per project limit of not less than $1,000,000 each
occurrence and $2,000,000 general aggregate limit.
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Additional Insured Provision: Shall include Client and Client-designated additional
insured(s), to the extent coverage is provided by the policy, caused in whole or in part by
Consultant or those acting on Consultant’s behalf. Additional insured coverage shall be
provided by a combination of the CG2010 0413 and CG2037 12 19 endorsements, or other
comparable endorsement(s).
September 20, 2024 – Lemon Ave Billboard – Page 28
ii. Primary and Non-Contributory Provision: The insurance provided to Client-designated
additional insured(s) is primary to other insurance, which covers such additional insured
as a named insured, and will not share with that other insurance to the extent coverage
is provided by the policy. Primary and Non-contributory coverage shall be provided by
CG2401 12 19, or other comparable endorsement.
iii. Waiver of Subrogation Provision: The insurance provided shall waive any rights of
recovery against Client-designated additional insured(s), because of any payment made
to the extent coverage is provided by the policy. Waiver of Subrogation provision shall be
provided by CG2404 12 19, or other comparable endorsement.
c. Owned, Hired and Non-Owned Automobile Liability Insurance, with a limit of not less than
$1,000,000 combined single limit for bodily injury and property damage liability arising out of the
maintenance or use of any policy covered hired or non-owned automobile by Consultant or
Consultant’s employees in the course of Consultant’s business.
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Additional Insured Provision: Shall include Client-designated additional insured(s), to the
extent coverage is provided by the policy.
ii. Waiver of Subrogation Provision: The insurance provided shall waive any rights of
recovery against Client-designated additional insured(s), because of any payment made
to the extent coverage is provided by the policy.
d. Commercial Umbrella or Excess Liability Insurance (ISO CX or CU 00 01 04 13), or another
equivalent occurrence-based policy form, on a follow form basis, with a limit of not less than
$2,000,000 each occurrence and $2,000,000 general aggregate limit. Coverage shall be excess of
commercial general liability, hired and non-owned automobile liability and employers’ liability
with such coverage being concurrent with underlying insurance.
e. Workers’ Compensation Insurance, covering Consultant’s employees in accordance with statutory
requirements of all jurisdiction(s) in which Services are being performed and Employers’ Liability
Insurance in an amount of:
Bodily Injury by Accident: $1,000,000 Each Accident
Bodily Injury by Disease: $1,000,000 Policy Limit
Bodily Injury by Disease: $1,000,000 Each Employee
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Waiver of Subrogation Provision: The insurance provided shall waive any rights of
recovery against Client and other person(s) or organization(s) that Consultant is required
by contract or agreement, because of any payment made to the extent coverage is
provided by the policy. Waiver of subrogation provision shall be provided by WC 04 03 06
(Ed. 4-84) from the Workers’ Compensation Insurance Rating Bureau or WC 00 03 13 (Ed.
4-84) from the National Council on Compensation Insurance, or other comparable
endorsement.
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f. Certificates of Insurance: Prior to the commencement of this Agreement and upon
the renewal of any of the insurance policies required hereunder, Consultant shall furnish certificates of
insurance to Client as evidence of the insurance listed in Article VI.
2. Compliance with Code: Consultant shall exercise due and reasonable professional care in
observing those federal, state, and local codes, standards, statutes, and regulations applicable at
the time Consultant renders service. Notwithstanding the foregoing, Consultant has no
responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of
persons to, hazardous materials or toxic substances in any form at the Project site. It is
understood, however, that various codes and regulations are subject to varying and sometimes
contradictory interpretation. Consultant shall exercise its professional skill and care consistent
with, and limited to, the generally accepted standard of care to provide a design that complies
with such regulations and codes.
VII. DISPUTE RESOLUTION
1. (a) Except as provided in subdivisions (b) and (c), in an effort to resolve any conflicts that arise
during the design or construction of the project or following completion of the project, Client and
Consultant agree that all disputes between them arising out of or relating to this Agreement shall
be submitted to nonbinding mediation, unless the parties mutually agree otherwise.(b)
Subdivision (a) shall not preclude or limit Consultant's right to file an action for collection of fees
if the amount in dispute is within the jurisdiction of the small claims court.(c) Subdivision (a) shall
not preclude or limit Consultant's right to record.
2. Reliance on Information Provided by Others: Consultant shall be entitled to rely, without liability,
on the completeness and accuracy of any and all information and data provided by Client, Client’s
consultants and contractors, and information from public records, without the need for
independent verification. Notwithstanding the foregoing, Consultant shall use its reasonable
judgment and experience in determining whether such reliance is advisable.
Client will also require its consultants and contractors to promptly notify Client if its consultants or
contractor(s) observes or becomes aware of faults or defects in documents prepared by Consultant and
Client will provide prompt written notice to Consultant.
3. Assignment: Neither Consultant nor Client may assign its obligations, interests, or delegate its
duties under this Agreement (including monies that are due or monies that may be due) without
prior written permission of the other party, which consent shall not be unreasonably withheld.
4. Severability: If any of the provisions of this Agreement shall be finally determined to be invalid or
unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and
effect and be binding upon Consultant and Client hereto. Consultant and Client agree to reform
this Agreement to replace any such invalid or unenforceable provision with a valid and
enforceable provision that comes as close as possible to the intention of the stricken provision.
VIII. GENERAL PROVISIONS
1. Suspension of Services: Services may be suspended in the event of the following:
a. A substantial failure of performance by either party.
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b. Any Client’s payment is more than thirty (30) calendar days past due and Consultant shall
have no liability to Client for delay or damage caused Client because of such suspension of
services.
c. Before resuming services, Client shall pay Consultant all sums due prior to such suspension
and expenses incurred in the interruption and resumption of Consultant’s services.
Consultant’s fees for the remaining services and the time schedules shall be equitably
adjusted.
d. If the Project is abandoned or suspended in whole or part for more than a cumulative ninety
(90) calendar days or indefinitely postponed, either party may terminate this Agreement and
Consultant shall be paid for all services provided.
e. If the Project is resumed after a delay of more than ninety (90) calendar days in the aggregate,
Consultant shall be entitled to additional compensation for remobilization costs and the time
schedules shall be equitably adjusted.
2. Termination: Either party may terminate this Agreement upon seven (7) working days' written
notice to the other party, with or without cause. Said notice shall be deemed to be effective upon
delivery to the other party. In the event of termination by Client, Consultant shall cease work at
the time specified, or if no time is specified, at the end of the day on the day receipt of the notice.
Consultant shall be paid in full for services performed and expenses incurred to date as reasonably
agreed upon by both parties.
3. Third-Party Beneficiaries: Client and Consultant agree that services performed by Consultant
under this Agreement are solely for the benefit of Client, and are not intended by either Client or
Consultant to benefit any other person or entity including, but not limited to, the Project
contractor and/or any of its subcontractors. Any such benefit is purely incidental and such other
person shall not be deemed a third-party beneficiary of this contract.