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2019/12/04 Rincon Consultants, Inc. Technical studies/ Initial Mitigated Negative Declaration - Lindenberger Subdivision (TTM37668)CITY OF MENIFEE PROFESSIONAL SER\'ICES AGREEMENT TECHNICAL STUDIES AND AN INITIAL STUDY.MITIGATED NEGATIVE DECLARATION FOR THE LTNDENBERGER SUBDTVTSTON (TTM 37668) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made this 4 a Californ day of DecenEul2 019 ("Etfective Date") by and between the CITY O ia municipal corporation, ("City")and Rincon Consultants Inc Corporation ("Consultant"). City and Consultant may sometimes herein be referred to individually as a "Party" and collectively as the "Parties." SI,CTION I. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope ofServices, attached hereto as Exhibit A and incorporated herein by this reference (the "Services"). Consultant will perforrn subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event ofa conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. l.l Term of Services. The term of this Agreement shall begin on December 4,2019 and shall end on December 31, 2020 unless the term ofthis Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City's right to terminate this Agreement, as provided for in Section 8. 1.2 Standard of Perfornrance. Consultant represents and warrants that Consultant is a provider offirst class work and services and Consultant is experienced in perforrning the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assignment of Personnel. Consultant shall assi gn only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment ofany such persons, Consultant shall. immediately upon receiving notice from City ofsuch desire of City, reassign such person or persons. 1.4 !1p. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. and effective F MENIFEE, a California ,6104ll I a08/2rl19 SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed EIGHTY TWO THOUS${D FOUR HUNDRED FIF'IY NINE DOLLARS AIID ZERO CENTS ($82,459.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event ofa conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 2.1 lnvoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of progress bills; i.e., Progress Bill No. I for the first invoice, etc.; b. The beginning and ending dates ofthe billing period; c. A "Task Sumrnary" containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion; d. At City's option, for each item in each task, a copy ofthe applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; Receipts for expenses to be reimbursed; The Consultant Representative's signature. Invoices shall be submitted to: f. s 26? l/03 t858.000t 16704?.1 .2 ,08/29119 2- 1 .5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Citv of Menifee Attn: Accounts Pavable 29844 Haun Road Menifee, CA 92586 2.2 Llonlhly Payment. Cit y shall make monthly payments, based on invoices received, for the Services satisfactorily perflormed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt ofan invoice that complies with all ofthe requirements above to pay Consultant. 2.3 Final Payment. Ci ty shall pay the last five percent (5%) ofthe total amount due pursuant to this Agreement within sixty (60) days after completion ofthe Services and submittal to City ofa final invoice, ifall ofthe Services required have been satisfactorily performed. 2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice. 2.5 Hourlv Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A. 2.6 Reimbursable ExDenses. Reimbursable ex penses are included within the maximum amount of this Agreement. 2.7 Payment of Taxes. Consultant is solel y responsible for the payment ofemployment taxes incurred under this Agreement and any federal or state taxes. 2.8 Payment upon Termination. In the event that Cit y or Consultant terminates this Agreement pursuant to Section 8. City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satislhctorily completed and for reimbursable expenses as ofthe date ofwritten notice oftermination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. SECTION 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. [n no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. 3-1670421 .2 a0a/291 19 SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant's compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereofto City. Verification ofthe required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other lnsureds. 4.1 Workers' Compensation. Consultant shall , at its sole cost and expense, rnaintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions ofthe California Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($ I ,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only ifthe program of self-insurance complies i'ully with the provisions ofthe California Labor Code. Determination ofwhether a self-insurance program meets the standards ofthe California Labor Code shall be solely in the discretion ofthe Contract Administrator. The insurer, if insurance is provided, or Consultant, ifa program ofself- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. a General requirements. C'onsultan t, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS (SI,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS (S2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregare. Ifa Cornmercial General Liability Insurance or an Automobile Liability lnsurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use ofhired, owned, and non-owned automobiles. b. Minimum sc ofcoverage . Commercial general coverage shallbe at least as broad as Insurance Services Office Commercial General Liability occurence form CG 0001. 2671/03 t858-0001 163O12t .2 6081291l9 -4- 4.2 Commercial General and Automobile Liability Insurance. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8. and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the followin g shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis. and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be no later than the commencement ofthe Services. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so |ong as commercially available at reasonable rates. c. lf coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion ofthe Services. Such continuation coverage may be provided by one ofthe following: (l) renewal ofthe existing policy; (2) an extended reporting period endorsement: or (3) replacement insurance with a retroactive date no later than the commencement ofthe Services under this Agreement. City shall have the right to exercise, at Consultant's sole cost and expense, any extended reporting provisions ofthe policy, ifConsultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submifted to City prior to the commencement ofthe Services under this Agreement. 2671/01l85E-0001 1610471 .2 n08l29t lt) 4.3 Professional Liabilitylnsurance. -5- a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests'rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to be ginning the Services under this Agreement. Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies ofall policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: TECHNICAL STUDIES AND AN INITIAL STUDY-MITIGATED NEGATIVE DECLARATION FOR THE LINDENBERGER SUBDIVISION (TTM 37668). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee.29844 Haun Road, Menifee, CA S2586. City must be endorsed as an additional insured for liability arising out ofongoing and completed operations by or on behalf of Consultant. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (l) any ofthe required insurance policies is terminated; (2) the Iimits ofany ofthe required polices are reduced; or (3) the deductible or self insured retention is increased. d. Additional insured: primary insurance. City and its ofTicers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: Iiability arising out of the Services performed by or on behalf of Consultant, including the insured's general supervision ofConsultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreernent. The coverage shall contain no special limitations on the scope ofprotection afforded to City or its oflicers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one ( I ) year after the expiration or termination ofthis Agreement or completion ofthe Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. Deductibles and Self-insured Retentions. Consultant shall obtain thc c. e. written approval ofCity for the self-insured retentions and deductibles before beginning any ofthe Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its oflicers, employees, agents, and volunteers. The 2671/031858-000r 7610421.2.08/29/19 -6- 4.4 All Policies Requirernents. Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. AII coverages for subcontractors shall be subject to all ofthe requirements stated herein. g. Variation. The Contract Administrator may, but isnotrequired to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms ofsuch insurance are either not commercially available, or that City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant dernonstrates compliance with the requirements hereof; and/or c Terminate this Agreement. SECTION 5. INDEMNIFICATION. 5.1 Indemnification for Professional !!ability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, "Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its ofTicers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance ofprofessional services under this Agreement. 5.2 Indernnification for Other than Professional Liabilitv. Other than in the perfonnance of professional services and to the full extent permitted by law, Consultant shall -7-26? I /01 1858-000I 1630421-2 aoa?gl t9 indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence o[, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. 5.3 Limitation of In n ill n. The provisions of this Section 5 do not apply to claims occuming as a result of City's sole or active negligence. The provisions ofthis Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSULTANT. 6.1 Indeoendent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalfof Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents ofCity. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder forCity. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule. regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. SECTIONT. LEGALREQUIREMENTS. 7.1 Governing Larv. The laws ofthe State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall cornply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of lndustrial Relations ofthe State of California. will be the minimum paid to all laborers, including Consultant's employee and subcontractors. It is understood that it is the responsibility ofConsultant to determine the correct 2671/0t 1858,0001 7630421.2 a08l29ll9 -8- scale. The State Prevailing Wage Rates may be obtained from the California Department of lndustrial Relations ("DlR") pursuant to California Public Utilities Code, Sections 465,466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City's request. Consultant shall indemnifu, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services ofany applicable local, state, and/or federal law, including, without limitation. any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation ofSection I 781 of the Labor Code, as the same may be amended from time to time, or any other similar lawi and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section I 781, as the same may be amended from time to time, or any other sirnilar law. It is agreed by the Parties that, in connection with performance of the Services, including. without lirnitation, any and all public works (as defined by applicable Iaw), Consultant shall bear all risks ofpayment or non-payment ofprevailing wages under California law and/or the implementation of Labor Code Section 178l, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same ofall subcontractors. 7.3 Licenses and Permits. Consultant re presents and warrants to city that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals ol rvhatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreerrent any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. SECTION 8. TERMINATION AND MODIFICATION, 8.1 Termination. Citymaycancel this Agreement at anytimeand without cause upon written notification to Consultant. 8,2 Termination bv Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City. 8.3 Consqquences of Termination. In the event of terminatio n, Consultant shall be entitled to compensation for lhe Services perfonned up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or tbr Consultant or City in connection with this Agreement. 2671/0tr858-000t 1630421 .2 a08l29l 19 -9- 8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection l.l. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.5 all the Parties. Amendments. The Parties may amend this Agreement only by a writing signed by 8.6 Ass u nment and Subcontractins . City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence ofConsultant. Consultant may not assign this Agreement or any interest therein without the prior written approval ofthe Contract Administrator. Consultant shall not subcontract any portion ofthe performance contemplated and provided for herein, other than to the subcontractors noted in Consultant's proposal, without prior written approval ofthe Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 8.8 Options upon Breach bv Consultant. IfConsultant materially breaches any ofthe terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: a. Immediately terminate this Agreement; b. Retain the plans, specifications, drawings, reports, design documents, and any other rvork product prepared by Consultant pursuant to this Agreementi c. Retain a different consultant to complete the Services described in Exhibit A; and/or SECTION 9. KEEPING AND STATUS OF RECORDS. 26Il031858-0001 1670121 I a0gl29/19 -t0- d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property ofCity. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. [t is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use ofsuch documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. 9.2 Licensing of lntellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modifu, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates. test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to. physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents and Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to Iicense any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Dala which were prepared by design professionals other than Consultant or provided to Consultant by the City. Cityshall not be lim ited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books ofaccount, invoices, vouchers. canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum ofthree (3) years, or for any longer period required by law, from thedateoffinal payment to Consultant under this Agreement. All such recordsshallbe maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. 9.4 Inspection and Audit of Records. An y records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, ifthe amount ofpublic funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00). this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period ofthree (3) years after final payment under this Agreement. SECTION I().MISCELLANEOUS PROYISIONS. I 0. I Attorneys' Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision ofthis Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to 26? I /0t I 858-000 I 1630421 .2 \08,29119 -l t- 10,2 Apnlicable Law: Venue. The internal laws of the State of California shall govern the interpretation and enforcement ofthis Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County. 10.3 Severabilitv. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 10.4 Section Headines and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not Iimit or otherwise affect the terms of this Agreement. 10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver ofany other breach ofthat term or any other term of this Agreement. 10.6 Successors and Assisns. The provisions ofthis Agreement shall inure to the benefit ofand shall apply to and bind the successors and assigns ofthe Parties. 10.7 Consultant Representative. AII matters under this Agreement shall be handled fbr Consultant by Brenna Weatherby ("Consultant's Representative"). The Consultant's Representative shall have full authority to represent and act on behalfofConsultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and aftention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 10.8 City Contract Administration. This Agreement shall be administered by a City employee, Ryan Fowler, Sr. Planner ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee. 10.9 Notices. Any written notice to Consultant shall be sent to: Rincon Consultants, Inc Attn: Brenna Weatherby 2215 F araday Avenue, Suite A Carlsbad, CA 92008 2671/01t858-00u I 76104:l 2 a08/2'r/19 any other reliefto which that Pa(y may be entitled; provided, however, that the aftomeys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City lor legal services multiplied by the reasonable number ofhours spent by the prevailing Party in the conduct ofthe litigation. The court may set such fees in the same action or in a separate action brought for that purpose. -t2- Any written notice to City shall be sent to the Contract Administrator at: City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: Ryan Fowler, Sr. Planner with a copy to: City Clerk City of Menifee 29844 Haun Road Meniflee, CA 92586 10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page ofa technical report, first page ofdesign specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature ofRegistered Professional with report/design responsibi I ity. l0.ll Riehts and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 10.12 Inteeration. This Agreement, including the scope ofservices attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, represenlations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason ofthe authorship of this Agreement or any other rule ofconstruction which might otherwise apply. 10.13 Counterparts. This Agreernent may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. t0. I4 xec ofContract. The persons executing this Agreement on behalfofeach of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision ofany other Agreement to which said Party is bound. 26?t/0:r t858-000t ?630,1?l.l r03/29lls -l3- 10.15 Nondiscrim ination. Consultant covenants that, byand for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance ofthis Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. . 10.17 Nonliability of Citv Offlcers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event ofany default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach ofany obligation ofthe terms of this Agreement. I 0.1 8 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation ofthis Agreement, including any method ofcoercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award ofthis Agreement or any work to be conducted as a result of this Agreement. 10.l9 No Benefit to Ari o . No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one ( I ) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. ISignatures on Following Page] 2671/03 1858-000 I 7610.1:l 2.08/29/19 -14- IN WITNE,SS WHEREOF. the Parties hereto have executed and entered into this Agreement as ofthe Effective Date. CITY OF MENIFEE CONSULTANT --v J Bill Zirr an yor A.M City Cl to Form: T. Melchin Attorney <y:^€--. h Power, Senior Principal/Vice President ) Abe Leider;lpa [Note: 2 officer's signatures required if Consultant is a corporation, unless provided with a certificate ofsecretary in-lieu] 2671l03lE5E-000t 7630421.7 s0ql2t)11,-15- YS-t' Attest/',1 I EXHIBIT A SCOPE OF SERVICES Services shall include Preparation ofTechnical Studies and an lnitial Study-Mitigated Negative Declaration for the Lindenberger Subdivision (TTM 37668), as further detailed in the following pages, in the not to exceed amount of EIGHTY TWO THOUS$ID FOUR HUNDRED FIF'IY NrNE DOLLARS AND ZERO CENTS ($82,459.00). 267tl0313t8-0001 1630121 2 aAA/201 19 EXHIBIT A Rl con Consultsnls. lnr 3dOO Lim. Sl...l 3un. ?16 Riv.tdd.. C.!it.,ni. g2!01 ,^Ioen......rrcll.rrr..i rw n..on.orrullrnlr .or Nov.mb"r 14, 2019 Project Number 18.06803 Senior Planner Communlty Davelopment Department Gty ol Menife€ 298{4 Haun Road Menif!c, CA 92586 Ua .m.il: rfowler@citvofrn.nit c.ul Subjectl Proposelto PrepaI! T.ahnical Studics and an lnitia I Study-MitiSatld Ncgativc Decl.ration for th. Lindcnb.rgcr Subdivirion CrTM 37668) oear Mr. Fowlen Rincon Consultants, lnc. (Rncon) is plees.d to submitthis dr.ftpropo5.lto prepar. T.chnicel Studies and an lnitialStudy- Miti8ated lleSative Decl.r.tbn 16-MND) for the proposed tindenberger su&ivbion (V6tint Tent tive Tr..t M.p 37668). Thit proposaI d€sclitr5: (1) our undcrrl.nding of the proiect; {2) our proposed s.ope ofwo.k; (31 our proposed schedule lor completion of the project;and (4)our proposcd cost for the.rsignmcnt. t'R().it:OI llN t)l-RSTAN I)lN (; V.3tint Tentat,ve Trect Map No, PLN 19-ml2 (TTM 37668) proposer. fthedule A suMavisioh of approxlmrtely 55.58 acres Sross acres lnto 180 slngle-fe.nlly resldentlal lots ranting in size from 5p24 to 7,581rquarc faat Th.subdlvition also c.aatar 3ix lattered loB allocatad for opcn sp.c./watar quality (10.46 a.r€!,), open sFce/ent.y monumeht {0.04 acres}, and a sewer lift stadon (OO4 acres}. The proposal.l.o includer re€rca tionr I imcniti?i coBi5tinS of thr.c (3) picllc ball courts, tee b.llficld, youth so.(er Feld, tot-lot and restroom facilitie5 with two {2)dedicated parlinS lots havingsix (6} rp.ce3 cich to terve th. rGcrea tional a mcnitirs, Thc projectsite;s loc.tld florth of ftott Ro3d.nd wlst.nd east of [indenb€r8er Road in the Oty of Nlenifee, County of Riverside, C.alifornia (,qPNsr 372-190-001 and m3, 372-16GO06 through O08 and 372-1@.013) in thc R-l Zonrng Dsignation. SCOPI OT WORK Tosk I Technicol Studies Iechni...l studie3 that will be prcp.r.d to p.ovide site.pecific d.t in suppod of th. CEQA doaumchtttlon alc aummarizcd balow. 2671/01r858-0001 1630411 2 ntJ8129l19 CiV o, Morilee Lildcnbargcr grb<llvitloo (:Tl, 37668) ls/i,lt{O ftoFd Iosk L i Ai Qrnli\ ond Greenhouse G(]s Ano/,,sb The air qldlity and treenhouaegas (GHG) emi55ion3 analvsitwillbe condurted in acrordance with City of Menifee 8uideli.es, standards, and ordinances and melhodologies prescribed in Soulh Coast Air Qual;ty Management Dist.ict's (SCAQMD'S). The at quality analysis will characterite the existing air quality co dikons io the air basin usin8d.ta for nearby air monitorin8 statioos available from the Crlifornia Air Resolirces Board and lhe South Coast Air Quality Management Oistriat (SCAOMD) and summarize exl5tinS re8ional GHG emissions. The analy5i5 will al5o $Jmmarire the applicable lederal, stete, ,nd loaal air qualily and cllmate change regularions and identify the GH63 of prilnary aohaern. Construction and operation ai. emiss onswillaalaulated usint the most recent verslon of thc California Emissions tstimator Model {CalttMod). The significance of any air quality and GHG impacts will be based on the thresholds defined by theSCAQMO and previously prepared City documenls. Odor impactr to off-sile useswill be addressed. tocali2ed air quality impacts to nearbysensitive receplo6lrom constru.tion and operation \dll be evaluated usinE SCAQMD loaalired si8nifir.nce threrholdi methodoloty. A rcreeninS analysis of Ootentaal carbon mofioxide (CO) 'hot spots'for the proposed d.ive-thrus and any;nteGections projected to operat€ below levelofservice D will be provided and disaussed. Ihe report will further €valuate the proposed project's compllance with SCAQMO's Air Olallty M.nagemenl Plan and applicable State and locai GHG reduction plans, policies in litht of the emirsions modelinB and land use. fhe Iand ure typer asso(iated with lhe projecl are not typi(ally identified as sour.es of toxi. air.ontaminants OACS); therefore, thiss.op€ ofwork does not ioclude preparadon of a Health RBk Assessmenl (HRAI to a$es! impactt ssociated with new sour.es of TAC emissions. Neverthele5s, the Air Q!alitv analysis will include a discussion of the Gommon rouraes of TAC5 and dis.uss lhe implications of the proposed proje.t related to on.site IAC emission3 durinS construction and operatlon. As appropriate, development of policies, standBrds, and/or mitigation mersures to r€duce any identified signlficant ilnpacts to lesi than significant levels wi I be evalualed and discusled. Iosk I .2 Noise ond Vr'brolion Anoltsk The Noise and Vibration Analysis will be.onducted in ac(ordance with Caay of Menifee Suidelines, standards, and ordi^ances. The Analysiswrllconsrder both temporary aongtruation and lonS.term operational noise trom the proje.t. The noise analysis will include the following tasks: . Conduct a field surveyto ascertain noise levels at ley locationcwithin the project area and vialnity. Rincon staff will collect one lonS-term {24-hou4 and up to three i3) sho(.term (15-minute) ambient a.d traffic noise-level measurements on the project site to cha.a.t€rire nois€ lev€l alsociated with existing trafflc and project area activity. No vibration measurements are propoted. . Conduct an analysis ofcon$ruction activities to assers noise and vrbrataon levelsat adiacent p.operties, based on equipment typee end operations provided by the client. Vibration levelr ll be calculated in terms of peak particle velo(itv for struatural evalualron! and for human annoyance . Est;mate fulore vehicular trafric noise levels using the Federal Highway Administration Tratfic Noise Model(FHWA INM) acoustic algorithmi. The trafflc noise analysis will asse!s nois€ generated by existinB and fulure proje.t related traftic .ffecting flture noise-iensitive receivers and chantes in noise level5 alonS roadways affecled by project related tr.ffic. The results of the model will be expressed in communityrloise equivalent levels (CNEt). . Prepare an analysls ofthe polentialfor on-site noise Senerato15 (e.9., loadintdock at the 8rocery store, drive.throuEh sp€ak€6, car wash, HVAC units, etc,) lo impact adjacent uses usinS the 267 | /0t I 858-000 I 7610421 .2 roat29l 19 -3- Poge 2 The s.ope of work includes a maxlmum of 15 hours for two rtaff to attend proiecl team meelings rnd meeti gs with City of Menitee statl throrrgh the remalnder of the prolect. Subtask 1.3.2 CEQAChe.klirt Subtask 1,3.3 Proiect Scoplng Agreement Memo STC Traffia will assist in the developmont ofthe lS/MNO ponion ofthe CEQA do.umenr for items related to traffi!. STCwrll coordinate as ne(essary to complete this task. 51C Traffic will attend proiect team me€tin8s at the requeit ofthe client, either in pe.5on or via teleron[erence, as necesrary lhroughout the prolecl. STC will also meel with City of Menifee staff to discuss statf review.omments on theTlA repo( for each review cycle. CitY ol Menllee tindenberger tubdlviiion (TrM 3766E) ls/MND ?rojecl Iosk 1.3 Ttollic lmpocf Anolysis STC Traffia wl ll prepare the -[ reffi c lmpact Analysis based o{ t he following scop€ of work Pooa 3 SoundPI-AN model to develop noise level contouas. The SoundPIAN modeling willconsider potential impacts to off-site.eceivers. lfsiSnificanl impactr are identified, identify eppropriate mitigation meagures. fu necessary, the analytis will calculate the necessary barder heights, operational rest ationt window and dooi requirements, or other mitigation optionsto reduce noise l€vels lo ilandards set by the City. prepare a noise technical repo( thal will conta;n the followinS i6form6lion: (1) a bri€f project descriptlon; (2) an explanation of study methodoloSy; (3) a discussion of the existing ooise levels and localnoise criteria; (4) a summ8ry ofnoise impa.ts and, (5)an id€ntifi.ation o, miti8ation5 measuret as nece5sary. sTC Traffic iSTC)will prepare the proiect scopiflg 3greement to submit to the City of Menifee Jtaff to linalire lhe scope ofwork and id€nllfy the speclflc requlrement3 or lhe trafflc slrrdy. The scopinS letter willinclude lhe followin8 informal ion (but not limited to): !@iee!-5!dLAlc!-i Up lo seven (7) interse.tions and six {6) roadway segments wlll be included in the 1tA. Trafflc Studv Methodolocvi The flA wlli be preparEd ba:ed on the Cily of Menifee TrafUc lmpact Analysis Guide,ines and Callrans "Guide for the Preparation of Traffic lmpact Sludies'. 2671/011858-000t 1610471 2 aov291 19 -4- Sublark 1.3.1 Meetingc ' Forecast Proie€t Generated Trios: STC will estimate the project trip Leneration based on trip Seneration rates contained in the lnstitute of Transpoftation Engineels (lTE) T.!p 6eneretion Menual, 10th Edilion.. -frio Distribution and Asrianme.t: sTC will dittribute the project traffic to the stvdy area inl615ectionsrnd roadway setments bas€d on e)(isti^8 trBvel patterns a.ld on the proximily to regional keeway faailitles. Subt.sk 13.4 T..ffi. lmpa.l AnalFis Report Task4 con$sB of preparing afraflla lmpact Analy5is (TlAlreport for the proposed prorect. STC wrllhrild upon the traffic scopint at.eeme nt developed in Task 3. STC willprepare a TIA repo( in complian.e with the Ci(y of Menifee'i currenl requirements for tran3portation studiei.lheTlA will evaluate Vehiale MilesT.aveled (VMI) to address the current CtqA .equirements per SB 743. CiV ol Menilee tindlnb€r!.r subdivlion (TIM 37660) ls/rilt{D ?roj€cl Vehicl€ Mil€sTravelled {VMTI: STC will provide recommendation on the VMTanalvlis methodoloty. which rha lcomply with the Western Rivarsld€ Cou ncil oI Governm€ nt5 (WRCOG) guidel;nes. sTC will complete the following subtasks ln 5upport of the TlAi Weekday A[4 Peak (7:m to9i00) Weekday PM Peak (4l0O lo 5:00) ln addition, a 24" hour tube aounts will be colleated at the study rondway segment locatlons. sTC will conduct a thorou8h field .eview oFthe study area. Our project team willreview all existing inters€ction geometry, si8nal phasinS and rycle lenSths for integralion inlo our lraffic ana,ysis mod€1. FrisrinA + Ambient G.owth + Cumu ntive + Proiect C.ondillaq An ambient Srowth rate of 2% per y€ar will b€ applied to !h. existing vo lumes. STt willcoo.dlnate with City stalf lo obtain a lisl of other cumulative prorects in the area that would add traffic to the study locations. It a traffc study was not previously prepared for lhe list ofcumuletive projectt sTc willeslimare the trip generatlon, distribution, and assiSnment. Pro.iect tratflc wlll be added to the resulting volumes to derive the Existing+ Ambient Growth + Cumulalive + P.ojecl volumes. Subiar* r.J.4.! T..h ni(.l An alyrit The following tratfi c ana ysis will be analyred in the TIA Level o f Servace I IOS) Analvs s:Operation! ofai,study rntersect,ons willbe evaluated using the Highway Capacity Manual 6th Edilion methodoloBy r.rtilirint Synchro 10 analysis sofiware. Subt3!k 1.3.4.1 Exirunr Tr.ffi. Cond itlont 51C will obtain tvpical weekday intersection turninE movement counts, when schools are in session, for the study area interiertion3 tor the following time periods: Suhtasl 1.i.4.2 rutur.Tratllc condhlon3 Consistent with lhe City ofMenifee's TIA 6uidelines, the followinS fut!re traffi.5renarios are p.oposed to be evaluated for all roadway segrnents and interse(tions as part ol this TIA: Exlstin! + Proi€ct Conditionsi lhe Proiect trips will be added to the eristi.S intercection volumeg to derive the E,(isting + Proieat volumeg, -5-2671/01t858-0001 1630121 2 aoADgl19 . 5!lC.y',]E!g0 iQi,i Following study sce.arioswillbe included lo theTIS:. ExistinS Co.dit;ong. Eristing+ Proiecl Conditions. EristinS + Ambient Growth + Cu mu lative Cond itions. Etistin8+ Ambienl Growth +Cumul.tive+ Projeat Condilions Cily ol M€nilee lindenberlor tubdlvblon (TIM 3766E) lS/MND ?roje.l Analysiswlll b€ conducted Ior allthe Sludy intersections forallthe gtudy scenarios- Roadway se8ment IOS analysiswillbe conducted using the roadwaycapacity thresholds prouded;n the City oI Menifee TIA 6uidelines. g!99 j.!9,-A!-alElf Queuing analysis will be conduded at project driveway, uti izing Synahro 10 T.aftic SiqnalWarrant Analvsis: lramc SiSnalWar.a^t Analysiiwillbe conducted at unsignalired intersections and at proiect access driveway5 baied on the latest version ofCalifornia MUTCD. On-site Circulationr lnternal circulalion, on-site parking and project aacess driveways will be ass€ss€d and i$ues, lI anv, will be ident fied and recommendation5 will be made, Subl..l 1.3.4.4 Vehi<le Mil.!Tr.v.led lvMI,Ane\6k STC will consult with lhe City of Menifee lo determ;ne the method to conduct VMT analysis. The melhod will comply with the We5tern Riverside Council of Governmenls (WnCOG) guidelines. A comparigon ot the project VMT will be madewith the esrablishedVMT threshold. Project Impactswill be identilied, and miligation measure will be rccommended. lmoacts, Mitlxation and Falr Sh6re: tmpacts ol the project wlll be as5e5sed based on the City of Menifee and Caltrans tignilicance crite.ia. lf project res!lt5 i11 a siSnificant impact, mitigation mea5uies wi,l be recommended lo reduce the impact to less than ti8nifi(ant. Project fair share will be calculated for the recommended improvements. Pog€ 5 t{ote: WRCOG is stillin the process o( developanSa VMT analysis methoc,ology. TheCityo, Menifee have not adopted or specify any VMT:n.lysi3 melhod. Subt.3k1.3.4.5 R.poftint Findin8s of lhe tra ffl. impa.t study will be summarired in a draft TIA reporl, The report will consi5t graphia! and analysis r€s! lt tables. This 3cope of work lnc udes addre3ging one {1) round ofcomment kom the cllent and three (3) rou.ds of comments from the City of Menifee and Caltra s (if necessary). Should comments be re€eived that modify th€ foundationalelemen$of the project (project sludy area, scenerioS methodology), STC will work with lhe client to am€nd our rcope of work to address these out of scope items. Submittal to the cll€nl and City of Menife€ will be made €lectronically (PDF). Phasing ana ysi5 ConcepliraL exhibits for improvements lraffla engineerlng deslgn plans Caltrans mainline seSment analysis Caltran3 freeway ramp 6nalylk Caltrans weaving analySis EXCLUS|O S Items lhat are ercluded from thisscope otwoft but may be performed as an optionaltasl if required by the clientvia an amendment inrlude: 2671/011858-000t 1670421 .2 a0A/291l9 -6 CiV ol Men leo Lindenberger Subdtviilon (ITM 37666) lS/MN0 ?rojecl Tosk 2 CEQA Document Preporotion We anticipate that an ls.MND will be the appropriate CEQA document for the project; however, il the analytis conduct€d ai part of the ISMNo identiflet one or more environmental impects that will or mey be iignilicant and !navoidable, we will contact you immediately to disculs an appropriete course of action, Rlnao0's work program for lhe lS-MN0 w;ll be as follows: Ter* 2.1- Admlnlsrratlve Oraft lflMNO Rincon will prepare an inte.nal revrew (Administrativel Orafl 15'MND. Th€ AdministBtive Draft ls-MND willadd.ess allof the items on the CIQA e^vironmental c hecklist, updated December 2018. To the maximum extent f€asiblq existint techn ical it udies will be irsed and impacts wlllbe quant;Fied and compared to quanljtative siSnificance thresholds. Rin(on arsumes that lhe City will provide copies o{ all teahnical studles required bul not included in this scope ofwork, and thal those tech naca I studies will have been peer reviewed and approved by lhe C;ty prio. to preF,eration ofthe Administrative Draft lS' MND Rincon also essemes that the Cily willp.ovide rn lS-MND lelhplete for our u!e. Rincon will submil an eleclronic copy of the Administrative Draft 15-MNO for Cily revi€w in P0t .nd/or Word formal lsru€ areas requiring particolar altention in lhe lS-MND are aesthetics, alr qurlily, greenhous€ gei pmissi06s, noise, and trafflc. The followint descl'ib€s o!r Beneral approach to all CIQA checklist items, Aglhetias, UShl .nd 6lara: LonS.lerm visual impacts (i.a., viiual character and vi€wa from adjacent a.eas) resultint from the project willbe reviewed based on a visualsu eyofthesite and surrounding land uset, The analysis will also consider lighl and Slare impacts trom sireet li8ht5/parkinE lot li8htr, vehicle headlight5, and buildin6lithB. ASdaultureand torastry Ra,ourccrl The ls-l\,,lND will confirm that lhere would he no effect on tarmland or forestland and that the project would not convert 5uch lands to another use, Alr quallty: The proj€ct would result ln both construction and operational €mi5sions, lnformation kom the Air Quality and Greenhouse Gas Analysis prepared as part of Task 1 wrll be used to complete this analy5is Elologl.3l Resour.es: The 5ite ls constrained by the presence of bio ogical resources. lnformation kom the bioloSical assessment and jurisdictronal deli^eation prepared by th€ epplicant and peer reviev/ed by the .ity will be used to complele this analysis. Cultural R.sour€Es: lnformation from the cultural agiersment delneation prepared by the applicanl and peer revlewed by the city willbe used tocomplele thls analy5is. En.rlyi To address potentialene.gy irsues, Rincon willestimate the project'senergy use and compare it to applicable lh.esholds by calculating conslructlon fuel ronsumption, .alculatinS ene.gy demand associa(ed wlth project operatlons, and evaluatinS the potential fo. lon8-term operational enerSy demand, Source! ot informatlon wrll include Ca EEMod, energy utility providerS the Califolnia Ener8y Commission, and the U.S. Department of Ener8y Grology and Solls: Based on readily eviilable sources (suah as recenl environmental documents prepared forthe project site or neerby projects), this anelysis \,!illidentifyexistinB regional and site-specific geology and soils constraints (s!ch as llquefaction, compressible soilt and 5ubsidence). lnfo.mation from anyBradins plansor Seotechnicalstudre5 p.ovjded by the (lient willbe referenced to aomplele this analyiii. A! necessary, the analysis wall identify erosion controlcriteria and gradin8 requiiements to achieve conristency \rith lhe City's geobgic and gradinE standards and pol,oe3. 261l03 t858.000t 1630421.2 a08/29119 -7- c ty ol M€nilee tindenborger S.rbdivirlon (ITM 37668) lS/MID ProjocJ Greerhouse Gas Emisalonr The GHG analysis will rely on the Air Quality and Greenhouse 6as Analysis prepa.ed es part ofTaJk 1. The dis.ussion willalso compare the project to applicable plans and policle5. Harard5 and Hazardour Malrrlals: Hazard condition5 will be examined, based upon r€adily available data fiom agency databases, field observ.tions, and provided teahnicrl studies provided b, the City, srJch as a Phase I Environmental Site Assesgment, lf potentiatly 5ignificant impacts are ldentified, e miti8ation proBram will be devetoped. We have aisumed that .ny needed soilcontaminalion studiea have been.onducted. Ainecersary, the analysls will identiry erosion controlcriteria and Srading requirements to achieve consistency vrrith the City'sgeologic and BradinS slendards and policies. Hydrolo8y and Wat.. qoallty: Ei(istinS hydrolo8y/drainate dara for the project area to be provided by the clent will b€ reviewed to identifv any exr rng locelir€d flooding or drarnage problems. Tbe review will coniider chanSes in ab5orption rales, drainate patterns, storm drain improvements, and down5tream eflects. The potentialfor the proiecl to violate water quality standards or waite drscharge requllement5 will also be analyzed, Standard lJrban Stormwater Mitlgation Plan (SUSMP) and Natlonei Polhrtant Dis.ha.ge Ellminatlon System (NP0ES) reQuirem€rts will be refer€n(ed and in.orporated as, appropriate. Land Use and Plannln8: Thir dis.ussion will analyre the relationshlp of th. proiect and assoaiated entitlements to appllcablp plenning poli.ies and ordLnanaes, ina uding th€ ClVs General plan and Muniaipal Code. Potential compatibllity (onflicts with adjacent u5es !y;ll also Min..al Resourcesi This discussion wili note that lhere would be no efrect !pon minelal Nolie: lnformation for the noile section will be based on a noise analysis to be prepared by Rin.on as prescribe jn Task 1.2 of this scope. Poprlatlon/HousinS: "Ih€ a nalysis w ill d o.ument the tact that the propo3ed use would induae population Srowlh; however, will nol result in rE5idenl ial displacement as the site is yaaant and Prrbllc Sarvic6: The proiecfs effecls related to the provision of servi.ei, includinS fire,law enfcrcement, educalional and recreational servites, wilt be evaluat€d. Data sources will include readily available doc!hents, suah as the City's General Plan. end contart with local agenciei The focus will be on lhe proie(l's potenliaL to create the need for new or expanded facilities, the construction of which may resull in signlficant envlronmental effects. Re(rcrdon:The aoaly!r5 willaddress dkect impacts to localreareation facrlities as wellas indirect imDacts assoclated with incre.sed demand lor recreational facilities, Data sources wlLI include the City's Gen€.al plan and Genera Plan ElR. Transport"tlon/TraI{i(: lhe transportatlon/trafflc analysis rely on the Trafflc lmpact Analysis prepared by STC ldescribed in lesk 1.3) to addres5 imprct! to tho local and rogio na I circu latlon system, alternalive lransportalion modes, and tramc harards. Tribal R6ourccs: fhe site does not contain known tribal cultural .esourc€ impacts; however, tribal con!ultation mandated by AB 52 can be facilitated. lt is assumed lhat the City will prepare letters and handle notici,rg lo. Assembly Eill (AB) 52 compliance. Utililler end S€rvlce Svrtemr: lmpactg to er;sting infrastructure, includi63 water. wastewater, solid waste, electrical, and naturalBas facilrties will be evaludted. Water, eleclricity, and natural 8as demand and wastewater ahd solid wastc Seneration will be quantifred using stendard aates for proposed usesand compared to aurrent and future system capacity. 267 t/0t t 858-0001 7630421.2 ro8/29/19 Poge 7 The MitlSadon Monitoringand Repo(in8 P.oSram (MMRPlwlll be a table llstlng all oltigation measuret and indicatinS what monitorin8 action5 a.e required,lhe department(5) responsible for monitorin& and when monitoring is to occur. Citv ol Me.lee Lindenberger St bdlvirioo (flM 37666) lS,i MflO ?rojocl Wlldtlre: Rincon will con5ult 5ov.res such as the California Depa(ment ot forestry and Fire Prote.tion (CAt FIRE) to determi.]e the location ofthe site relative to ide^tifierfir€ hazard .ones and determine potentialfor the proreat to aruseor exacerbate wildfife-related impacti. Mandatory flltdlnts olSltnlflcance: This s€ction willaddres5 cumulative eflect5, impacts to bioloBicalor cultural resources, and impacts to human beings. TaJk 2.2 - Publlc Rcvlcw Dr.tt lS'MND Rincon will respond to ore round ot aonsolidat€d comments from the Clty and pr€prre the Public Review Oraft lS-MND. Rincon assumes lhat the City will draft and handle all noticing of letters for Assembly Bill (AB) 52 complian e, and a ny additional public ou trea(h required as part of t he pu blic review proce5s. Rincon assumes the Cilywillprepare the Notice of lntent (NOl) to adopt an IS.MND to responsible agencies aod the Crtywillbe responsible for mailing end publighing lhe NOlin a local newspaper. We will provide one electronic (P0F)copy ot the Public Review Draft lS'MND for postingon the City'swebiile. We assume that the Citywall be responlible for CtOA noticing and w;llfile the NOI with the County Clerk and State Clearinghouse. TarlZ,3. Flnel I9MND Rln.on hat aslumed 15 hours of proferslonnl sla ff time to respond to prJblic and atenry commehts on the public Review Dra[t 15-MNO. ln our experienar, l5 hours ofst.ff time would be required to address dpproximately four (4) shon comment lelle6 (1-2 pages in length) or approximately two (2) lengthy comment ette6 (more than 5 p.Ses ln l.ngth). The final bud8et for thir t.rl will depel]d upon the number of comment letters received. lf the number of comment leller! received on the projeat is treiter tha. initially anticipated, the budget fo. this task may need to be augrnented. Asrumptlons . Air Quality/GHG Analysrs. The alient will provide Rincon speaific rnformation releted to construction schedule and eq!ipment mir. In the absence of lhis information, C.lEEMod defaults will b. utilired. . Noiie Analyrls ' Rincon willcoordinele with the Client to obtai.i Beoreferenced CAOfiles forthe SoundPtAN model- . Cily staff will be rBponsible for the coordioation w;th lhe applicant'5 baolog;cel team and with lhe RCA ar it pertalns to aompliance wllh the MSHCP and any Aesponse to Comment lelters received lrom the wildlife a8encie5. . City ibff will peer reviewallother applicant prepared technicalstudier end provide Rincon with digital copi€s ofthe peer reviewed and approved studies (;.e, Phase 1 ESA, Hydrdogy, Cultural, Biological, WQMP, etc.) SCHEDULE Bincon will complete the environmental review process bared on the following schedule: . Work willbeSin upon receipt of notice to proreed (NlP). lt should be noted thatthe Traftic Study willbe completed within cir weeks upon completion ofthe scoping aSreement and data colle.tion Ihe Adminisrrat;ve Draft rS'MND willbe submirted fo. jnternal review by Citywirhin twelve (12) Poge I 9-26? t/0t 1858-0001 763042t 2, a0a/29119 City ol Men lee Lindenberger Subdivirlon (TTM 37668) lS/rttn0 Proj€ct weeks of the ootice to proceed assuming all tech n ical 5tu dies have been peer reviewed and Publlc Review oratt l5-MND lo be s!bmltted within two weeks of recelpt of comments on the Administrative Draft lS-MND. Final lS-MN0 to be submltted within two weeks of th€ close of the comment period on the Public Review Orafl lS-MNO. This sched!le assumes that the number of comment5 received does not erceed our initial estirhate of time req!ired to.espond to comrhents, and ir ultimetelv d€p€ndeot upon lhe number of comment5 received. Baied on thesp timefr:mesand assumint two.weel turnaround of anternal revia$/ work prodl,,ati, wa believe that the enelronmental analysls and review process desEribed in our5cope of worl can be completed within about tour to sixhonths. COST Our f,ropcsed budget for the above work program is 582,459. fhe table below showi the breakdown of costs by task, Allwo.t would be pedormed in accofdance with the work sco0e outlined above and wlth the terms and conditions of a mutually agreeable contract. Costs have been allocated to tasks, ba5ed uPon Rincon'5 proposed approach. NCON CONtUItANtS rNC 167 I /01 I 858{00 I 7610.rl l.: a08/29l19 -10- 'lL , ,,,i ,; ,,r ,; , 7 Cily o, Menilee lind6[b€rter Subdlvlrl (TT 37666) lS/MNO Proi.cl We appreciale the opportunlty to asslst you with this projert. Please let ui know if you have any questions aboul this proposal or need additional informalion, Rincon Consullonlr, lnc. //8//dr- Senior Environmental Planner Joe Power, AICP C[P Vice President/Principal Poge lO 2671l01t858-000t 7630421 2 ,OU29l19 -ll-