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
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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.
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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.
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4.3 Professional Liabilitylnsurance.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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'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
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7630421 2 ,OU29l19 -ll-