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HomeMy Public PortalAboutEIP ASSOCIATES, A DIVISION OF PBS&JCITY OF CARSON ENVIRONMENTAL SERVICES AGREEMENT THIS ENVIRONMENTAL SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 30��-day of April, 2007 ("Effective Date"), by and between the Redevelopment Agency of the City of Carson, a public body, corporate and politic ("Agency") and EIP ASSOCIATES, a Division of PBSU ("Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall perform the work or services pursuant to the schedule specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A" and any other provisions of this Agreement, the provisions of this Agreement shall prevail. Contractor represents and warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and regulations. 1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Commencement of Work. Work shall not commence until this Agreement is fully executed and Contractor has been given approval to proceed. Time is of the essence in the performance of this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" pursuant to invoices submitted to the Agency in a form approved by the Agency's Finance Officer. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed Two Hundred Seventy One Thousand Two Hundred Twenty and 00/100 Dollars ($271,220.00) ("Contract Sum"), unless a written order for additional services is given by the Agency's Contract Officer to the Contractor for an increase in compensation up to five percent (5%) of the Contract Sum. The Contract Sum shall be inclusive of all costs and expenses. Environmental Services Agreement City of CarsonlEIP Associates 2.2 Method of Payment Except as provided in Exhibit "B", and provided that Contractor is not in default under the terms of this Agreement, Contractor shall submit a detailed invoice describing the tasks performed and amount charged for each such task in the manner described at Exhibit "B". Agency shall pay Contractor the amount of such invoice as described in Exhibit "B". 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Contractor shall perform the services required in this Agreement in accordance with the Schedule of Performance set forth at Exhibit "C" hereto. Time is of the essence in the performance of this Agreement. 3.2 Term. Unless earlier terminated in accordance with Section 7.4 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the Effective Date. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. Kim Avila is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 4.2 Contract Officer. The Agency's Executive Director is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The Executive Director of the Agency shall have the right to designate another Contract Officer by providing written notice to Contractor. 4.3 Prohibition Against Subcontractinq or Assignment. The Agreement is not assignable in whole or in part without consent of both parties as memorialized and signed by the Agency. Any such prohibited assignment or transfer shall be void. 4.4 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. Agency shall have no voice in the selection, discharge, supervision or control of Contractor's employees or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of Agency. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Agency, during the entire term of this Agreement including any extension thereof, the following policies of insurance: Environmental Services Agreement City of CarsonVEIP Associates 2 (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the Agency as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Additional Insurance. Policies of such other insurance may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the Agency, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the Agency. No work or services under this Agreement shall commence until the Contractor has provided the Agency with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages which have been approved by the Agency. The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. 5.2 Indemnification. A. Consultant shall hold harmless and indemnify the Carson Redevelopment Agency, and their respective officers, agents and employees and volunteers and as independent contractors in the role of Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost of expense for any damages whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from willful misconduct, negligent acts, errors or omissions of Consultant or any of its officers, employees, or agents. B. Agency does not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by Agency, or the deposit with Agency, of any insurance policy or certificate required pursuant to this Agreem3ent. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Consultant agrees that Consultant's covenant under this section shall survive the termination of this agreement. Environmental Services Agreement City of Carson/ELP Associates 6.0 REPORTS AND RECORDS 6.1 Use of Data. The Contractor shall not utilize any information not a matter of public record, which is received by reason of this Agreement, for pecuniary gain not contemplated by the terms of this Agreement, regardless of whether the Contractor is or is not under contract at the time such gain is realized. The report, survey or other product developed by the Contractor pursuant to this Agreement is the property of the Agency, and shall not be used in any manner by the Contractor unless authorized by the Agency. 6.2 Confidentiality of Data '. All data and information relating to the Agency's operations which are designated confidential by the Agency and made available to the Contractor or which becomes available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure by the observance of the same or more effective procedural requirements as are applicable to the Agency. The identification of all such confidential data and information as well as the Agency's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided in writing to the Contractor by the Agency. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the appropriate court of the County of Riverside, State of California. 7.2 Waiver. No delay or omission in the exercise of any right or remedy by a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing. 7.3 Rights and Remedies are Cumulative. 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. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.4 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Agency may take over the Environmental Services Agreement City of Carson/ELP Associates 4 work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the Agency as previously stated. 7.5 Aftorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding shall be entitled to reasonable attorney's fees and reasonable costs. 8.0 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Conflict of Interest. No officer or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.2 Covenant Aqainst Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, gender identity, political affiliation, pregnancy, disability, military status, age, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the Agency, to the Agency's Executive Director and to the attention of Executive Director, COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CARSON, 701 E. Carson Street, Carson, California 90745-2224, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Environmental Services Agreement City of CarsonlEIP Associates 5 9.2 Integ-ration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.3 Severability. In the event that any one or more of the provisions contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining provisions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.4 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto 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) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] Environmental Services Agreement City of CarsonlEIP Associates 6 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above: ATTEST: AGENCY: CARSON REDEVELOPMENT AGENCY —le— Helen Kawagoe, M C, C C S.- rorne Gro'o e ive Chairman APPROVED AS TO FORM: CONTRACTOR: ALESHIRE & WYNDER, LLP EIP ASSOCIATES, a division of PBS&J /J). &� - Agency AttorrWy --P— By. Signa ure Richwd M. Grubel --' —* Mce ftesi �, - Print Namd"91 1% ueziu— ed By- Signatu otari7� Charles D Nostra A WMant SCCM Print Name &-Title Mailing Address: PBS&J 2001 N.W. 107th - A ' menue %ami, F1 33172-2507 Taxpayer Identification No: 59-M138 Corporations require two signatures: One from each of the following: A. Chairman of Board, President, or any Vice President: and B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). [END OF SIGNATURES] Environmental Services Agreement City of CarsonlEIP Associates 7 NOTARY ACKNOWLEDGEMENT STATE OF FLORIDA I COUNTY OF MIAMI-DADE I PERSONALLY APPEARED before me, the undersigned authority, Richard M. Grubel and Charles D. Nostra -, well known to me or who has produced as identification and known by me to be the Senior Vice President and Assistant S-ecretaKy of the corporation named above, and acknowledged before me that they executed the foregoing instrument on behalf of said corporation as its true act and deed, and that they were duly authorized to do so. WITNESS my hand and official seal this 25 th day of April, 2007, ------ ------ .......... ow P DEBORAHLYN N SHIMEL # i My COMMISSION # DD 452060 OW er q EXPIRES: Noveml:ber 13,20N U d..m BMW Thru Notary PtA* Uncleroffftem NOTARY PUBLIC Print Name: DEBORAH LYNN SHIMEL MY Commission Expires: Nov. 13, 2009 EXHIBIT "A" SCOPE OF SERVICES [See following page from Contractor's Proposal] Environmental Services Agreement City of Carson/EIP Associates GEOLOGY & SOILS RISK Of UPSET om 11"!&t!"', 10" RM LAND USE AND PLANNING HYDROLOGY & WATER QUALITY RECLAMATION PLAN BIOLOGICAL RESOURCES CULTURAL RESOURCES AESTHETICS IF P! MANDATORY FINDINGS A IJ t IJ The Shell Oil Products, U.S. Carson Terminal (Carson Terminal) is proposed for redevelopment on portions of its 446 -acre site located at 20945 S. Wilmington Avenue and within Redevelopment Project Area #1. 'Me proposed project site is currently zoned Heavy Industrial (HI), Business Park (BP) and Light Industrial (LI) and the project would involve a General Plan Amendment and Zone Change involving each of the three zones. 'Me proposed project would provide for LI uses along the north and south portions of the site, and concentration of the BP zone in the northeast corner of the site, as well as focusing HI uses within the center and west portions of the site. Area I (west) would have 17 more product storage tanks; Area II (north) would maintain the existing rail line and have low -impact surface redevelopment of light industrial uses; Area III (Cast) would contain a new bio -diesel manufacturing facility that could process 100 million gallons per year; Area IV(central) would expand distribution of ethanol, distillate and gasoline products, involving an additional 540 truck trips per day; Area V (south) would be developed as a city maintenance yard. 'Ibc following Scope of Work assumes preparation of a Notice of Preparation and Initial Study and subsequent preparation of an Environmental Impact Report (EIR). It is assumed that the Draft and Final EIRs will be reviewed by the City once before release for public review. A traffic impact study will be prepared by MMA. While the City has requested peer review of the Project Applicant -provided technical reports, we have also provided the cost to prepare specific technical reports (for the Citys information). Option A at the end of this proposal describes preparation and identifies the costs of preparing technical reports for geology and soils, hazards and hazardous waste, human health risk assessment, as well as a supplemental reclamation plan. oe NO,. "OIL -40 to 33 jarW 35 000 BARRELS,� 20� -kDAY-;JBI 0 -DIES E L jr Q "W� + 6 LANES LOADING AND DISTRIBUTION CENTER Iva - vx sift, r 4,4*1 7 PROD U CT STO RAGE T A N K S 33 jarW 35 000 BARRELS,� 20� -kDAY-;JBI 0 -DIES E L jr Q "W� + 6 LANES LOADING AND DISTRIBUTION CENTER Iva - v C I T Y C 0 R P 0 R A T E Y A R D si G LEN C U RTISS JUNIOR HIGH SCHOOL vx sift, v C I T Y C 0 R P 0 R A T E Y A R D si G LEN C U RTISS JUNIOR HIGH SCHOOL Pi IWO S2 4A NTARY 40 SCHOOL Task 1 Project Initiation and Organization 'fhe objective of this task is to compile the relevant background data and reports, define the proposed project for analysis purposes, compile a list ofcumulativc projects, identify all discretionary actions, establish early communication among various project team members, and familiarize the EIP/PBS&J project team with the issues and concerns that the City determines should be analyzed in the environmental document and/or any technical reports. Following a written Notice to Proceed from the City, the EIP/PBS&J Project Manager will meet with the City to refine the scope of the EIR, if necessary; any revisions to the scope of work may require a commensurate revision to the proposed cost. EIP/PBS&J will work with the City to compile all relevant information describing the proposed project and the project area, including detailed site plans, land use data, project characteristics, project objectives, site photographs, aerial photographs, and graphic renderings sufficient to depict the project's appearance and character (if available), previously prepared reports and/or data describing the project area, and previously prepared documents that relate to City requirements. In order to expedite the project schedule, EIP/PBS&J will submit a list of required data to the City and/or the Project Applicant within three days of issuance of a written Notice to Proceed. By submitting the data request at project commencement, all relevant documents can be provided to EIP/PBS&J at the kick- off meeting, and any necessary explanatory discussion can easily occur. In the event that certain data are not readily available, EIP/PBS&J will work with the City to devise another approach to complete the environmental analysis with a focus on achieving the project schedule. 12 � 1 - . EIP/PBS&J will work with the City to develop a list of cumulative projects proposed and/or underway in the City and adjacent communities, as appropriate, for use in the cumulative impacts analysis, which will be presented in the environmental issue area sections following each impact. discussion. With the assistance of City staff, EIP/PBS&J will also identify any discretionary actions required for project approval. EIP/PBS&J will coordinate and attend a "kick-oif' meeting with the City to disseminate the relevant project information, such as technical reports, background data, and project characteristics, and to discuss the project schedule. 'Ihis meeting will also be used as a forum for discussing the key issues and concerns that confront the proposed project. 1he kick-off meeting is a critical step in the environmental process, as it provides an opportunity for team building, consensus building, and information exchange. A draft project description will be submitted to the City for review and comment, and a finite, stable project description finalized prior to commencement of work on the Initial Study. 'fhis scope assumes one round of review of the project description. OUTPUT • Finalized Scope of Work for inclusion in contract • Data request for submittal to the City prior to the kick- off meeting • Draft project description (submitted electronically) Task 2 Prepare Initial Study/Notice of Preparation and Scoping EIP/PBS&J will prepare an Initial Study/Notice of Preparation (IS/NOP), in order to focus the environmental issues to be addressed in the EIR. 'Ihe Initial Study analysis will be based on the thresholds in CEQA Guidelines Appendix G. The IS/NOP will include a project description as well as detailed investigation of all environmental resources, including any resources that are anticipated to be scoped out from further analysis in the EIR. Although the City has indicated in the RFP that aesthetics, agricultural resources, hydrology and water quality, mineral resources, population and housing, recreation and utilities and services systems will likely be scopcd out during the Initial Study process, because the project site has not been evaluated completely, it may be that further analysis will be required in the EIR. For purposes of this scope of work and cost proposal, it is assumed that a full analysis of aesthetics, hydrology and water quality, as well as land use and planning will be required in the EIR. OUTPUT Task 3 Review Applicant -Prepared Technical Reports The EIP project team will review all of the technical reports prepared by consultants retained by Shell Oil Company to ensure that they arc appropriate for use during preparation of the environmental document. All technical reports will undergo peer review in a positive, collaborative, and cooperative fashion. The purpose is to ensure that each of the reports is technically adequate and can be used to prepare technical sections of the environmental document. It is assumed that each report will undergo one primary review cycle by the project team, with minor subsequent review to ensure that all comments on the reports have been addressed. 'I'he following reports and technical data have been prepared or are in preparation by the Project Applicant: • Air Quality • Biology • Cultural Resources • Geology/Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Noise • Risk of Upset • Human Health • Seven (7) stapled copies of the Draft IS/NOP for City The EIP project team will prepare a memorandum for staff review each of the Project Applicant -prepared technical reports, • Seventy-five (75) bound copies of the Final IS/NOP summarizing the findings and providing comments and recommendations for each of the reports. OUTPUT Nine (9) peer review memoranda, one for each of the technical studies prepared by the Project Applicant (electronically). scope- of work 13 Task 4 Traffic Impact Analysis At the beginning of the project, MMA will meet with City of Carson staff to determine the exact parameters and assumptions to use in the traffic study for the Shell Oil Products U.S. Carson Terminal project. This will include verification of the project description, alternatives to be analyzed (if any), and technical approach to traffic analysis, study intersections and special issues to address such a truck circulation. The traffic study will address potential project traffic impacts at up to twenty key intersections including intersections along Del Arno Boulevard and Wilmington Avenue and other potentially affected roadways. Existing conditions and future conditions within the Project Area will be assessed. Manual intersection traffic counts will, be required during weekday morning and evening peak periods at the study intersections. If necessary, Saturday counts will be collected (optional cost). An extensive field review will be undertaken to establish existing traffic operations. This includes inventory of intersection geometric, traffic controls and roadway conditions. Y; Traffic volumes and general traffic circulation conditions in the study area will be documented. Based on this data, existing weekday AM and PM peak hour intersection levels of service will be calculated and operating conditions assessed using methodologies approved by the City. MMA will forecast future conditions within the study area without traffic growth from the project. 71his will serve as a basis for which potential project traffic impacts can be measured. MMA will work with the City to finalize future forecasts and assumptions. Truck 14 s,:(-)�,— !,oiork. trips will be a key issue as Area III will increase daily truck trips from 180 to 720. To assess the truck traffic, MMA will apply Passenger Car Equivalent (PCE) factors in accordance with City of Carson guidelines. Work within this phase of the study includes: • Cumulative Project Traffic—MMA will work with the City to research and update the list of cumulative project developments which are planned to be constructed within the time frame of the proposed project. Estimated traffic generated by these cumulative projects will be assigned to the roadway network within the study area. • Planned Roadway Improvements—any planned roadway improvements within the time frame of the proposed project will also be included in this phase of the analysis. • Background Traffic Growtb—apply an ambient growth rate to existing intersection traffic volumes to estimate new traffic within the study area. The background growth in traffic is to account for regional population and employment growth in Southern California, which will occur regardless of the proposed project. As an alternative, MMA will use the citywidc traffic model (developed for the General Plan) for background and cumulative traffic if the timeframe is appropriate. • Intersection Analysis—based on fiiture traffic forecast parameters discussed above, future "without-projcct" volumes will be estimated. Based on the forecast volumes, intersection capacity and level of service analysis will be conducted. I ir V/;t�i t ',r� ifi,,-- onditi ns: The estimated projcct-generated traffic will be assessed using customized trip generation assumptions for Areas I through V for autos and trucks, and if applicable also using trip generation rate data from the Institute of Transportation Engineers, with appropriate adjustment for local conditions. It is likely that much of the trip generation assumptions will need to be developed manually given the unique nature of this project. The project trips will be superimposed onto the "without project" traffic forecast to estimate future "with project" conditions. The following briefly describes the process: N Project Trip Generation—MMA will develop customized trip generation rate assumptions for the project. . 0 Project Trip Distribution—peak hour trip distribution patterns of the proposed project would be estimated based on likely origins and destinations of employees and trucks. MMA will work with the City and Shell Oil to identify truck trip patterns. 0 Project Traffic Assignment—based on trip generation and distribution parameters discussed above, estimated project -generated traffic will be assigned to the roadway system based on the trip distribution data. Trip assignment will also be based the availability of the local roadways to access the regional facilities. 0 Potential Project Impacts—Results from the "future with project" forecast will be compared with the "future without -project" forecast and potential project -related impacts will be identified. In the event that significant project impacts are identified, feasible mitigation measures will be investigated. Up to four project alternatives will be assessed within the traffic study. These may include a less intensive use, variations of alternatives locations on-site, an off-site alternative and the no project alternative. Up to three of the alternatives will be assessed in detail, with the off- site alternative discussed qualitatively in terms of traffic impacts. MMA will recommend mitigation measures at the concept level to reduce any significant project related impacts. Thcse may include changes to traffic control (signalization, signal modifications), added intersection turn lanes, roadway widening or other appropriate measures. Meyer, Mohaddes Associates will prepare a draft traffic report and one final report documenting the procedures, assumptions, findings and recommendations of the traffic study. Two staff -level meetings have been budgeted. MMA will attend additional staff level meetings and all public meeting as necessary on a time - and -material basis over and above the cost associated with this proposal. Task 5 Prepare Administrative Draft EIR Ihe objective of this task is to prepare a comprehensive, accurate, and objective EIR for the Shell Oil Products U.S., Carson Terminal that fully complies with CEQA, the CEQA Guidelines, and the CitYs standard environmental practices. The information will be presented in a manner that is accessible to decision - makers and the public. The methodology and criteria used for determining the impacts of the project will be clearly and explicitly described in each section of the EIR, including any assumptions or modeling techniques used in the analysis. 'Me methodology and criteria used for determining the impacts of the project will be described in each section of the EIR. The determination of impacts will be based on thresholds of significance developed in accordance with CEQA requirements, the CitYs standard environmental practices and requirements, and other recently approved environmental documents. Each significant impact will be numbered, and mitigation measures will be correlated. The effectiveness and feasibility of mitigation measures will be discussed, and level of significance after mitigation will be identified. Project contribution to cumulative effects will be evaluated. The Administrative Draft EIR will include the following sections: 0 Contents 0 Introduction 0 Summary of Impacts and Mitigation Measures 0 Project Description (project objectives, project location, project characteristics, scope of project, and required approvals) 0 Technical Analysis N Environmental Setting • Regulatory Framework (applicable federal, state, and local plans, policies, and standards) • Effects Not Found to be Significant 0 Environmental Impacts (short-term, long-term, direct, and indirect impacts, as well as cumulative impacts) 0 Mitigation Measures (for potentially significant environmental issues) 0 Project Alternatives (analyzed in detail per the above) scope of work 15 Long -Term Implications (including growth - inducing, significant unavoidable, and significant irreversible environmental impacts) • Organizations and Persons Consulted/List of EIR Preparers • References • Technical Appendices (including all studies, survey results, detailed data, IS/NOP, and IS/NOP comments) The technical analysis will consist of the following: Aesthetics Air Quality/Human Health • Biological Resources • Cultural Resources • Geology and Soils • Hazards and Hazardous Materials/Risk of Upset • Hydrology and Water Quality • Land Use and Planning Noise Transportation/Traffic Mandatory Findings of Significance Much of the area bordering the project site is compatible light industrial and commercial uses, and aesthetic issues typically would not be a source of concern. However, the project site is also visible from two single-family neighborhoods. The north residential neighborhood, across Del Amo Boulevard, includes the Dr. G Mills Memorial Park on Central Avenue one block from the project site. In addition' the south residential neighborhood, which includes Dolphin Park, recently organized as the Carson Preservation Committee, and will be concerned about the views towards the site across their homes and local streets. Aesthetics (any element, or group of elements, that embodies a sense of beauty), views, and nighttime illumination are related elements in the visual environment for the City. Visual impacts of a project include both the objective visual resource changes created by the project and the subjective viewer response to that change. Impacts of the proposed project on existing views must be addressed. 16 � ( ()i �t.- i),, v,,(,, EIP/PBS&J has conducted a site visit and documented in photographs the existing visual character of the site and surrounding area. The EIR will provide a description of views to and from the site. EIP/PBS&J will analyze whether the proposed project would substantially degrade the existing visual character or quality of the site and its surroundings due to height, bulk, ormassing; architectural style or building materials; degrading the visual unity of the area; detracting from the overall image of the City; degrading views from roadways and adjacent uses; inclusion of unscreened outdoor uses or materials; or the introduction of an architectural feature or building mass that conflicts with the character of surrounding development. 'Ihe EIR will analyze any potential conflicts with applicable plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect, such as development standards or design guidelines. Consistency with City design guidelines, including design features such as setbacks, architecture, landscaping, site plan layout, etc., will be analyzed. i r 1 For a project of this type, the analysis of air quality, risk of upset, and human health sections overlap somewhat. For purposes of this proposal, the air quality section will cover criteria air pollutants, risk of upset section will cover accidental releases, and the human health section will cover toxic air contaminants and any other issues pertaining to health and safety. These dividing lines may be changed at the City of Carson's discretion. At a minimum, PBS&J will describe the following in the Air Quality section's environmental setting discussion: • The climatological, meteorological and topographical features that may influence the project's effects on local and regional air quality • The applicable federal, state and South Coast Air Quality Management District (SCAQMD) rules and regulations, including emission standards and ambient air quality standards 0 Current air pollution probllcms within the County, and the effects of pollutants such as ozone Precursors (NOx and ROC), particulate matter (e.g., PM10 and PM 2) and particulate Precursors (NOx and SOx) PBS&J will perform a technical analysis to identify direct and indirect, short- and long-term, project - specific and cumulative impacts using screening and modeling methods consistent with SCAQMD recommendations. 1his includes, but is not limited to, methodology consistent with the recommendations of the SCAQMD'S 1993 CEQA Air Quality Handbook, implementation of the SCAQMD Final Localized Significance 'Ihresholds Methodology (2003), and implementation of the SCAQMD Final Methodology to Calculate Particulate Matter (PM) 2.5 and PM 2.5 Significance Thresholds (2006). Thesc irrivacts will be evaluated relative to accepted significance criteria, and feasible mitigation measures, if necessary, will be identified. Impact analysis from the HRA performed by Ninyo & Moore will be incorporated into the air quality section of the EIR. An Odor Abatement Plan or relocation of refuse disposal areas may be required to eliminate odor nuisance; therefore odors will be qualitatively addressed in the EIR. The potential for impacts on biological resources will be evaluated using the applicant -prepared biological resources technical report. 'Ibis section describes the scope of work that will be needed in the biological report and subsequently incorporated into the biological resources section of the EIR. It is assumed that the biological resources technical report will include a description of the biological resources of the project area in terms ofvegetation and plant communities, wetlands, wildlife habitat for resident and migratory species, and u potential habitat for rare, threatened, or endangered species (special status s ecies). All available data and IF P relevant literature, and results of reconnaissance -level field surveys, will be included as part of the technical report. It is assumed that the biological resources technical report will include a summary of all available collateral data including the California Natural Diversity Data Base (CNDDB); relevant studies and environmental documents available through the City and informal consultation with the California Department of Fish and Game. Special attention will be given to the known or potential presence of special -status species or their suitable habitat on the project site or in the project area. All plant and wildlife species observed will be identified, recordei, and included in the technical report. Where impacts are anticipated, feasible mitigation measures will be identified, where possible. The potential for impacts on cultural resources will be evaluated using the applicant -prepared cultural resources technical report. This section describes the I scope of work that will be needed in the report and subsequently incorporated into the cultural resources section of the EIR. It is assumed that the cultural resources technical report will meet the minimum standards for Archaeological Resource Management Reports (ARMR) developed by the State Historic Preservation Officer (SHPO) and will consider archaeological, paleontological, historical, and Native American concerns. The cultural resources technical report will include archival background research at the South Central Coastal Information Center to review and map any previously recorded sites and surveys, scan designated landmarks, review excpvation reports and historical maps, and other sources of local data. 'Ihe work effort is also assm—ned to include consultation with the Native American Heritage Commission, the City of Carson, the local historical society, and anyone who may have special knowledge of the cultural resources of the project area. scope of work 17 The technical report will describe the methods and results of the literature search and fieldwork. If sites have been encountered, or are presumed to exist, records will be submitted, and opinions developed regarding their potential importance. Recommendations will be included about potential impacts and suggestions for the management of potentially important resources. Based on the Technical Memorandum, the EIR will address the potential effects of local and regional geology on the proposed project site, and will explain the relationship the project has to regional seismic sources, particularly the proximity of the proposed project site to the Newport -Inglewood Fault. 'Ihe EIR will summarize the information provided in the Technical Memorandum and any subsequent materials submitted by the project applicant prior to the completion of the Administrative Draft of the EIR. '1he EIR will summarize potentially significant on-site geologic hazards, including groundshaking, unstable/ erodible soils, and the potential loss of access to mineral resources. Most impacts in this chapter of the EIR are expected to be less than significant because soils and geologic issues in general are regulated by Building Codes or similar ordinances. '1he Geology and Soils Section of the EIR will include the following elements: Review of the City's applicable geologic resource policies; ordinances, safety plans, and resource conservation programs; and project compliance Description of current conditions and regulatory environment, based on the Technical Memorandum Description of the CEQA Standards of Significance, as adopted by the City, related to the soils, geology, and mineral resources of the project site Analysis of expected impacts, based on the Technical Memorandum, the California Building Code as adopted by the City, and City policies Mitigation measures, as needed, to reduce exposure to unregulated geologic hazards or mineral resource conditions 18 Uf ",j( t� All analyses and suggested mitigation measures will be prepared and/or reviewed by a California - registered Professional Geologist 'fhe exposure of people and property to short-term, construction -related, and operational hazards and hazardous and toxic materials will be evaluated in the EIR, using the Applicant -prepared technical report; however, at the Citys discretion, the EIP team will prepare a Phase I Environmental Site Assessment (ESA), and a Human Health Risk Assessment (HRA), for preparation of the EIR. It is assumed that the report will include a summary review of regulatory controls pertaining to hazardous materials management, including federal, state, and local laws and regulations pertaining to hazardous waste management and site cleanup. 'Mis information would include, but would not be limited to, hazardous materials transportation routes, local hazardous materials incidents emergency response services, and local regulations and ordinances pertaining to the types of hazardous materials that may be used or stored during construction or operation of the proposed project. EIP will provide regulations and analysis related to hazardous materials transportation routes and local hazardous materials incidents emergency response services. Furthermore, the environmental setting will discuss safety laws and regulations applicable to tanks and supporting piping, including federal and state laws, and local ordinances, if any. For example, requirements for leak detection and secondary containment will be discussed. EIP will describe the existing tank farm and surrounding industrial uses, and discuss the history of accidents at the existing facility and nearby facilities, using readily available data provided by the City, the applicant, or the California Office of Emergency Service's hazardous materials response system (CHMRS) database. In addition, the report will evaluate the applicant's spill response plan and other relevant procedures, plans, and policies intended to minimize accident risks. '1he setting will identify nearby residences and other sensitive receptors. The technical reports will evaluate the risks posed by leaks, ruptures, accidental airborne releases, fires, and explosions. In addition, EIP will examine the potential for multiple accidents to occur. The impact analysis ofthe report will set forth the possible upset conditions, including leaks, ruptures, accidental airborne releases, fires, and explosions. It is assumed that significance criteria will be developed in the report by defining levels of severity and probability using U.S. EPA and California Office of Emergency Services guidelines. The evaluation of spills will be divided into leaks (higher probability/lower consequence event) and ruptures (lower probability/higher consequence event) scenarios. `Ihe report should also discuss the potential for multiple scenarios to occur at once (or for a chain reaction to occur). 71he impact section will conclude by putting the scenarios and their meanings in lay terms as much as possible. If significant impacts are identified, mitigation measures, in terms of operational procedures, design modifications, or other actions, will be identified, if possible. The EIR will recommend appropriate and necessary mitigation measures for any significant impacts that are identified. It is assumed that all construction and operation activities would be performed in compliance with all applicable federal, state, and local laws and regulations pertaining to hazardous materials management. The RFP for the proposed project indicated that Hydrology and Water Quality issues would be scoped out during the Initial Study Phase of the EIR process; however, based upon a preliminary review of the project site, EIP believes that at a minimum, the EIR should address the potential for construction activities or accidental release to affect water quality, and the potential for alteration of the project site's drainage pattern. Pre -project drainage and water quality conditions (including beneficial uses) will be discussed as they relate to the project area, including a review of the potential groundwater and/or construction impacts caused by the ground excavation activities. EIP will rely on existing data to the extent feasible. Existing flooding will be described based on review of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM). Existing drainage infrastructure and flood control facilities will be identified and available capacity will be described based on existing data to be provided by the City and the Los Angeles County Department of Public Works. EIP will describe applicable federal, state, and local regulations, including, but not limited to, federal and state NPDES storm water regulations, City policies and standards pertaining to the management of storm water runoff from construction sites and developed sites. Pre - and post -project runoff conditions will be described, and available data regarding runoff from the site from appropriate rainfall events will be identified. Impacts to existing and proposed drainage infrastructure will be evaluated. Measures will be developed to reduce the project's contribution to any localized and regional flooding; this could include sizing of leak -proof impervious detention necessary to collect this runoff. Groundwater resources will be described in terms of depth, directions of flow, quantity and quality. Impacts evaluated will include the effects of site development on groundwater recharge potential, and potential construction and post -construction groundwater quantity and quality impacts. 'fhe effects of dewatering activities will also be evaluated, due to the presumed shallow depth of groundwater in the project site. Mitigation will focus on design of runoff facilities that would prevent groundwater contamination. scope of work 19 Existing water quality conditions will be summarized based on existing available reports. Construction and post -construction water quality impacts will be qualitatively discussed. Potential impacts to water quality from an accidental release will be analyzed. Mitigation will be identified, as necessary for compliance with existing regulatory requirements and avoidance of water quality contamination. The Land Use section of the EIR will describe the compatibility of the proposed land uses with the surrounding area and will address potential inconsistencies with adopted plans and policies, including the Citys General Plan. The environmental impacts of the proposed General Plan Amendments and Zone Change with the current General Plan will be specifically addressed, as well as the consistency of the amendments with the remainder of the General Plan. 'Ihe EIR will describe the existing land uses, intensities, and patterns in the vicinity of the project site. Current General Plan designations and zoning for the project site and surrounding area will be identified. '1he EIR will identify and summarize applicable City land use plans and policies. The EIR will evaluate any potential conflicts between project development and surrounding uses. 'fhese conflicts could include a use that would create a nuisance for adjacent properties or result in incompatibility with surrounding land uses such as difference in the physical scale of development, noise levels, traffic levels, or hours of operation. 'fhe EIR will evaluate the extent to which adopted City development standards would eliminate or minimize potential conflicts between internal and adjacent uses. 'fhe EIR will analyze the proposed project's consistency with the direction and policies of the City's General Plan as they relate to land use patterns and new development. 20 Noise 'fhe potential for noise impacts will be evaluated using the applicant-prcpared noise technical report, as well as traffic data from the MMA traffic study. 1his section describes the scope of work that will be needed in the report and subsequently incorporated into the noise section of the EIR. It is assumed that the focus of the noise analysis will be increased noise due to additional traffic, as well as construction and operational noise from mechanical equipment. The noise analysis will describe the existing noise environment in the vicinity of the project, including sensitive receptors and the intersections and roadways that might be affected. Relevant state and local noise standards and guidelines, including those established in the Citys Noise Element and noise ordinance, will be summarized. Noise and vibration impacts from project-rCl2ted construction activities will be evaluated. This evaluation will include an estimate of potential peak noise levels and impacts to noise-sensitivc land uses. If the forecasted impacts from such sources would be significant, feasible mitigation measures will be devised, if possible, to reduce the construction -related impacts. Traffic noise levels will be analyzed for the same scenarios considered in the traffic analysis. The noise analysis will also discuss potential noise from rooftop equipment, such as ventilation equipment and chillers. Attenuation of noise between the sources and the sensitive receptors will be calculated. Where significant impacts are found, feasible mitigation measures will be suggested, if possible. Such mitigation could include transportation control measures to reduce the number of trips generated by the project, sound walls, and changes in circulation patterns to reduce the effects of vehicular or truck noise. 'fhe noise ana.l-.,-is should evaluate noise levels using the FHWA Highway Noise Prediction Model (FHWA-RD-77-108) with California Vehicle Noise (CALVENO) Emission Levels. FHWA-RD-77- 108 is an implementation of the U.S. Department of TransportatiorA FHWA Highway Traffic Noise Prediction Model, initialized with CALVENO vehicular noise emission rates and site-specific traffic data. The traffic impact analysis for the EIR will be conducted by Meyer Mohaddes Associates. As the proposed project would increase the maximum truck trips by approximately 7 percent, the capacity of existing and planned roadways will require thorough analysis. `Ihe traffic and circulation analysis will need to evaluate impacts on City and County roads using the appropriate model. Other issues to address within this section include potential rights -of -ways, alignments, and rail service for the existing and future uses of the proposed project. PBS&J will coordinate with the City and Meyer Mohaddes Associates regarding assumptions for the traffic analysis and the content of the traffic section. PBS&J will incorporate the traffic report into the EIR's traffic section, cumulative analysis, and alternatives chapter. 'This section of the EIR will briefly describc those environmental issues "scoped out" of the IS/NOP and, therefore, not addressed in the EIR. Reference to the discussions in the IS/NOP will address each issue and explain why the project would not have significant impacts associated with these issues. We anticipate these topics to be: agricultural resources, population and housing, recreation, and utilities and service systems. In some cases, standard City conditions will be identified as mitigation measures to ensure their inclusion in the mitigation monitoring program (MMP). Summary. 7he Summary section of the EIR will be in tabular format, and will briefly describe the impacts, level of significance of impacts, recommended mitigation measures, and level of significance after the recommended mitigation measures have been incorporated. Long-term Implications (including Cumulative Impacts). Cumulative impacts will be specified in the individual sections of the EIR, and summarized in the Long -Term Implications section of the document. The cumulative analysis will be qualitative in nature and will be based upon known projects, either approved or proposed (applications on file), within a defined area around the proposed project; therefore, the cumulative impact assessment will be based on reasonably -anticipated potential development projects that may, in combination with the proposed project, create cumulatively considerable environmental impacts. Findings of recent court cases regarding the scope of cumulative impact discussions, as well as the requirements of the 2005 CEQA Guidelines, will be used. 'Ihe EIR will discuss all significant unavoidable adverse impacts (in conformance with the CEQA Guidelines) that can only be partially mitigated, but not to a level that is less than significant. 'fhe EIR will also discuss any potential growth -inducing and irreversible impacts of the proposed project. Potential sources of growth inducement and their corresponding impacts, such as removal of obstacles to growth, major new employment generation, or major economic influences, will be qualitatively analyzed, to the extent that they are applicable. Mandatory Findings of Significance. '1he EIR will include a discussion of the mandatory findings of significance as a separate environmental topic. `Ihis will be a restatement of the conclusions of the Draft EIR analysis with regard to certain topics including cultural resources and biological resources. C� 21 Alternatives. The EIR will include an alternatives section to qualitatively address the environmental impacts that would result from a different project. EIP/PBS&J will work closely with lead agency staff to develop at least five alternatives to the proposed project, which shall include, but not be limited to the following: • A less intensive industrial/petroleum storage use • Variations of alternative location(s) on site • An alternative location off site • No project alternative (including the no project/ no development alternative and the no project/ reasonably foreseeable use alternative) The alternatives will be provided in sufficient detail for comparison with the proposed project. Each alternative will be evaluated with respect to each key impact category. '1he advantages and disadvantages of each alternative and the reasons for rejecting or recommending the alternativewill also be discussed, and the environmentally superior alternative will be identified. A summary of the alternatives and their associated impacts will be provided in the EIR summary. During the course of the environmental analysis, minor variations to the proposed project that could have the effect of reducing or eliminating environmental concerns may become apparent; these variations will be implemented, where feasible. OUTPUT M Seven (7) bound copies of the Administrative Draft EIR Task 6 Prepare and Distribute Draft EIR The purpose of this task is to respond to one round of City staff comments on the Administrative Draft EIR, complete necessary revisions, and publish the Draft EIR for public review. 22 , cl (-)! -1, - o f v, (-, �i, R - - - -i J -' f I ', ( - c ) I ) � r i Sf f EIP/PBS&J will obtain all comments on the Administrative Draft EIR from the Citys project coordinator, who will compile one set of unified City comments for use in revising the document. This will ensure that no conflicting comments are provided; and that mostly editorial changes will be made. EIP/PBS&J will complete revisions to the EIR in conformance with the CitYs comments and the agreed-upon scope ofwork and schedule. If the City requests additional rounds of review, a contract amendment will be needed. nand EIP/PBS&J will prepare the Notice of Completion (NOC) and ensure that it is filed with the State Clearinghouse, along with 15 copies of the Draft EIR. It is assumed that the City would be responsible for any filing fees. EIP/PBS&J will prepare the Notice of Availability for the City to post in up to four locations determined appropriate by the City. It is assumed the City would post the NOA in the appropriate newspapers. OUTPUT • Seventy-five (75) bound copies of the Drah EIR for public review (this number includes 15 copies of the Executive Summary of the Draft EIR that are submitted to the State Clearinghouse) and 15 CDs • One (1) unbound, clean, reproducible original of the Drah EIR and Technical Appendices • One (1) electronic copy of the Draft EIR. Data shall be provided in a format that is compatible with the Citys applications (e.g., TDF) • One (1) Notice of Completion (to be submitted to the State Clearinghouse) • Four (4) Notices of Availability • CD's will be used for Technical Appendices Task 7 Prepare Administrative Final EIR This task will result in the preparation of the Administrative Final EIR, which will contain a list of commenters, comment letters, and responses to comments on the Draft EIR, as well as the Draft Mitigation Monitoring Program (MMP). City staffwill compile and transmit all written comments on the Draft EIR throughout the public review period as one unified set of comments following the close of the public review period. EIP/PBS&J will confer with City staff to review written comments on the Draft EIR, including comments from public meetings and hearings, to develop a general strategy for preparation of responses. EIP/PBS&J will bracket each individual comment and prepare a matrix detailing information about the comments, including commenter, affiliation, if any, comment letter number/name, a summary of the comment, and the responsible party for response. The Administrative Final EIR will include all comments, as well as responses to those comments. All comments will be numbered (to indicate comment letter and comment number), and the responses to those comments will be similarly numbered to allow easy correlation. In addition, where necessary, the text of the Draft EIR will be directly marked with strikeout for deleted text and double -underline for added text. 'fhc Administrative Final EIR will be formatted as a stand-alone document submitted to City staff for review and comment. The City has indicated it anticipates substantial public comment on this project. Responses that are within this proposal's scope of work and budget consist of explanations, elaborations, or clarifications of the data contained in the Draft EIR. It is difficult to accurately project costs required to prepare a Final EIR, because the extent of the work required depends on the extent, number, and complexity of comments received. 'Ihis scope ofwork assumes that the EIP/PBS&J project team will spend up to 200 hours as detailed on the attached Cost Proposal preparing responses to comments and the draft MMP If new analysis, issues, alternatives, or substantial project changes need to be addressed, or if the effort exceeds the budget amount because of the number or complexity of responses, a contract amendment will be needed. 1he objective ofthis subtask is to ensure compliance with Public Resources Code Section 21081.6, as mandated by Assembly Bill 3180 (Cortese 1988), which requires a lead agency to adopt an MMP at the time an EIR is certified. EIP/PBS&J will prepare an MMP concurrently with the preparation of the Administrative Final EIR, upon finalization of project mitigation measures. `Ihe MMP will be designed to ensure compliance with all adopted mitigation measures during project implementation. The MMP will be in table format, and will specify mitigation measures, standards of success, parties responsible for implementation and monitoring, funding sources, timing and frequency, criteria to determine compliance with conditions, and provisions for remedial measures (if the success standards are not achieved). 71he MMP will also be designed to fit into the Citys existing entitlement and project review process. OUTPUT N Seven (7) copies of the Administrative Final EIR and Draft MMP Task 8 Prepare and Distribute Final EIR EIP/PBS&J will obtain all comments on the Administrative Final EIR from City staff. EIP/PBS&J will complete revisions to the Final EIR in conformance with the City�s comments and the agreed-upon scope of work. It is assumed that the Final EIR will be distributed by EIP/PBS&J at least ten days prior to the EIR certification hearing. scope of work 23 OUTPUT • Up to fifty (50) copies and one (1) CD-ROM of the Final EIR and MMP EIP/PBS&J will distribute the appropriate number of copies of the Final EIR and MMP to commenting public agencies (as required by CEQA). EIP/PBS&J can prepare and distribute additional copies of the Final EIR and MMP at the "per copy' charge assigned by our reproduction house • One (1) unbound, clean, reproducible original of the Final EIR and MMP • One (1) electronic copy of the Final EIR and MMP Data shall be provided in a format that is compatible with the Citys applications (e.g., TDF) • CD's will be used for Technical Appendices Task 9 Prepare Certification Documents 7his task includes the preparation of certification documents, including written Findings of Fact and a Statement of Overriding Considerations, as required by Sections 15091 and 15093 of CEQA, respectively. In addition, EIP/PBS&J will also prepare City Resolutions that serve to adopt the Findings of Fact and Statement of Overriding Considerations. i - - ( �j 1 : EIP/PBS&J will prepare draft findings for each significant effect identified in the EIR and a statement of overriding considerations, if unavoidable significant impacts occur. As required by the CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. `Ihe statement of overriding considerations will rely on input from the City regarding the benefits of the proposed project. '1he resolutions will be prepared according to the format of the City and will contain all of the information required to legally adopt the required certification documents. After review and comment on the draft certification documents, EIP/PBS&J will revise these documents, according to the comments provided, and will submit the final certification documents to the City prior to the certification hearing. 24 :".� J�:�: 0 Post certification, EIP/PBS&J will prepare the Notice of Determination and ensure that it is filed with the County Clerk. It is assumed that the City will be responsible for any filing fees. NOTE: If the City desires to prepare the certification documents, this task will be deleted from the Scope of Work and the Cost Proposal amended accordingly. OUTPUT • Two (2) copies of the draft certification documents (electronically) • Thirty (30) copies of the final certification documents • One (1) clean reproducible original of the final certification documents; (1) CD-ROM for the State Clearinghouse • One (1) electronic copy of the final certification documents. Data shall be provided in a format that is compatible with the Citys applications Task 10 Public Meetings and Hearings The EIP/PBS&J project team will be available to attend up to four (4) public hearings before the Environmental Commission, Planning Commission and City Council on this project. Additional meetings can be attended on a time -and -materials basis, subject to prior approval by the City. OUTPUT 0 Attend up to a total of four (4) public meetings, workshops, or certification hearings Task I I Project Management, General Coordination, and Project Meetings `fhe purpose of this task is to review work efforts, discuss issue areas, manage the PBS&J project team, manage the overall EIR preparation effort, and maintain close communication between City staff, all subconsultants, and project team members. As part of this task, monthly progress reports will be provided with each invoice to the City documenting completed work, ongoing work, issue areas, budget and schedule status. This task is also intended to ensure that the project is running on time and within budget and that all work products arc of the highest quality. ElP/PBS&J will communicate, as necessary, with the EIR project team and City staff to ensure compliance with the schedule, scope of work, and budget. EIP/ PBS&J will coordinate the teanfs work and provide management liaison between the project team and the City for communication of issues, transmittal of comments, financial management, and other project management matters, such as contract processing. Ihe E1P/PBS&J Project Manager anticipates spending approximately two hours per month through completion of the project (9 months) on project management activities. Ihe ElP/PBS&J Team will attend a minimum of three (3) project meetings during preparation of the EIR. 'fhe project "kick-off" meeting is assumed to occur separately, as part of Task 1. OUTPUT 0 Attend up to three (3) project meetings Option A Prepare Technical Reports • Review of readily available geologic maps, published literature, stereoscopic aerial photo- graphs, in-house information, soil reports, and reports and/or plans provided by the client. • Geotechnical site reconnaissance to map and document the existing surficial conditions in the project study area. • Assessment of the general geologic conditions and seismic hazards affecting the site, and evaluation of their potential impacts on the project. Published geologic maps and literature includhig, but not limited to, infiormation from the United States Geological Survey internet web site, Alquist-Priolo Earthquake Fault Zone maps, and Seismic Hazard maps will be re -viewed to evaluate the potential for strong seismic ground shaking, ground rupture, liquefaction potential and landslides. • Compilation and analysis of existing geotechnical data pertaining to the subsurface conditions. Our scope of services will not include geotechnical subsurface exploration or laboratory testing. • Preparation of a written report presenting the results of our data review relative to the geo- technical aspects of the project's conceptual design. Appropriate mitigation measures to reduce potential impacts will also be discussed. • Respond to review comments received from the client and attend two public meetings regarding the Geologic Hazards Technical Study • Review documents pertaining to the use, processes, production and disposal of hazardous chemicals and wastes at the site, as may be made available. These documents, if provided, are expected to be extensive in number and detail of information • A site visit to visually evaluate site characteristics for possible contaminated surface soil or surface water, improperly stored hazardous materials, possible sources of polychlorinated biphenyls (PCBs), and possible risks of site contamination from activities at the site. Owner representatives and/or other individuals familiar with the property, past site operations and construction history will be interviewed, if available. • Site vicinity reconnaissance to evaluate characteristics of adjacent or nearby properties for possible environmental effects on the site. • Review available regulatory agency databases for the site and for properties located within a specific radius of the site. The purpose of this review will be to evaluate the type and degree of known and possible environmental contamination issues at the site and in the site vicinity. Databases will list locations of known hazardous waste sites, landfills, and leaking underground storage tanks (USTs), permitted facilities that utilize USTs, and facilities that use, store or dispose of hazardous materials, including the site. • Review of site and site vicinity historical land use to evaluate past uses that may have contributed to the presence of environmental concerns at the site. Information that will be used to review the site history will include but not necessarily be limited to readily available historical aerial photographs, Sanborn Insurance Maps, and historic USGS Topographic Maps. scope of work 25 • Prepare a Hazardous Materials Technical Study report documenting findings and providing opinions and recommendations regarding possible impacts at the site. Color photographs will be provided in the report. • Respond to review comments received from the client and attend two public meetings regarding the Hazardous Materials Technical Study. • Meet with the client and other parties to establish the specific purpose and objectives for the risk assessment, and formalize the resulting scope needed to achieve those goals. • Review documents pertaining to the types, concentrations and locations of subsurface chemicals that may have entered the environment over the period of site operation. 7hese documents are expected to be provided to us, or may be available at regulatory agencies. • Evaluate the site contamination conditions relative to the various site reuse options. It is assumed that the planned non-residential uses of the property will allow certain concentrations of various contaminants to be left in place. Depending on the overall risk assessment objectives, issues such as the effects of site contamination on site workers or nearby properties may be considered. In addition, the "as -is" contamination versus after-remcdiation conditions may be considered, as may the risks of site construction on workers and the public. Factors Ninyo & Moore typically considers when performing risk analyses include: • Contaminant exposure pathways and media of concern • Contaminant concentrations at potential exposure points • Relevant and significant human toxicological information of each chemical of concern • Risk characterization for each chemical and exposure pathway as potential human health hazards Depending on the level of effort and final work product required, risk screening models to be utilized may include: 0 American Society of Testing and Materials (ASTM) Standard E- 1739, Risk Based Corrective Action (RBCA) Toolkit (typically used for hydrocarbon contamination) 26 -,f v�o�k, • ModFlow for the evaluation of groundwater contamination fate and transport • Johnson -Edinger vapor intrusion model • Preliminary Remediation Goals (PRGs) -for screening of contaminant concentrations in soil and water for their potential cancer and non -cancer risk under different site use scenarios (California modification of USEPA PRGs) • California Human Health Screening Levels (CHHSLs) 0 Prepare a Risk Assessment report documenting findings and providing opinions and recommendations regarding possible impacts at the site. Respond to review comments received from the client and attend two public meetings regarding the Risk Assessment. A-4 - . , , , , , , : 1, � \ t- (_,f" T Meet with the client, regulators and other parties to establish the specific purpose and objectives for the supplemental reclamation plan, and formalize, the resulting scope needed to achieve those goals. Perform a detailed review of the existing plan(s) to establish and update the baseline assumptions. Review documents pertaining to the types, concentrations and locations of subsurface chemicals that may have entered the environment since the prior plan preparation, that exist in areas not previously covered by the plan, and/or that may now be of greater regulatory concern. Update plan assumptions using the Human Health Risk Assessment results, as warranted. Prepare a Supplemental Reclamation Plan using the collected site information Respond to review comments received from the client and attend two public meetings regarding the Supplemental Reclamation Plan. EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor shall perform all services, taking this project through EIR certification, for the Contract Sum of $271,220, which is based on a fee of $234,452 for Contractor's EIR services described in this Agreement, plus a fee of $36,768 for the services of the Peer Review Consultant. The Contract Sum shall be paid following the completion of each Task identified in the page from Contractor's Proposal (attached to this Exhibit "B") and after submittal of an invoice by Contractor to City specifically describing the tasks performed. The Contract Sum is inclusive of all costs and fees for labor, equipment, and materials of any kind utilized by Contractor to complete the services under this Agreement. Contractor shall not be entitled to any other compensation or reimbursement of expenses beyond the Contract Sum for performance of services under this agreement, except for reimbursement of actual costs incurred by Contractor for reproduction of documents as specifically approved in writing by the Contract Officer. Contractor shall conduct work on a time and materials basis. Any additional non -contract tasks required for the preparation of additional materials will be billed per the above hourly rates described in Contractor's Proposal, as shown in Exhibit "B." However, no additional work will be conducted without prior receipt of written approval from the Agency. Invoices/Payment Schedule Contractor will provide itemized invoices for all services rendered in Performance of the work, no more than on a monthly basis on or about the first of the month for the previous month's services. Contractor shall submit invoices in quadruplicate. Each such invoice shall contain the following certificate: III certify under penalty of perjury that the above invoice is just and correct according to the terms of the Agreement and that payment has not been received." Invoices submitted by Contractor shall be subject to approval by the Contract Officer or his designee, and shall be paid in the ordinary course of the Agency's normal business. Environmental Services Agreement City of Carson/EIP Associates 9 E C 0 u u 3 V 0 0 40 )Ise.L JGd P03 0 0 CM .1 c'O, C"D �2 Lo CS! Co- 0 ,It - N C'i co 0 ,OD m r- cn C13. 0 C14 OTC) Lf) (n 0 0, 0 0, tn' Ln c), C14 M: 00 00 r- I CD CIO )IselqnS J8d lsO3 6& (0) (a fo) 64 (D Clt (q P,-� cl! c! � 0, U., C,i CD, 1) 00 M cli td;, 6% 64 v� 6q 6% 6q. 6%,; 69, I sjnOH WWI 0 04 co a) Cl) lu� �R �2 c) 04 r- rq Cl) Lo cli co soi4deif), Lo Im 6% Bulss830M WOM Lo - WuOlssagWd 10 co cc%n co M IL')UeLU.UOJIAu3:! 860uew ejeloossv c l�- U) M: a) �Tl Lo cn M. ui W! 7i: (DA '5; _j ;,- 9 E a-' < M a 0 � I =, w C; iz c -a. �uj w cl 12 Isiluelos Jolues Lo �2 WIE u 4) .21 LLI 'D w Q), 10 �- U) 0 w a) C14: E �w LL Uj m (L -a W> A isseuowlo co 04 Ln N CN 139FOJd AInda(f 0 N;m M, 0 0 E Fml 0� 0 169 = :, (1) c .26 0m; 140 (D E 5 -0 c E 0 M m '4� E JOBL'uBW 1300M Q, C) C) 69 0 0 0 od: O� �01 o u G 0 g 0 0 To u m L4 0- ol A) u a cc C m 2 0, C) I LL 21 0,3? a U): a n 2. m u = � 1 3: � c! LL 0,) AR 0 S , 0 c 0 c 0; ca D 3 cc Aa - - 0 -6; -6 o i 2 C ui i tL: 0- 0- ;-Z ro: L') a mc`,Z:!ZIX:D 3 0 z U� w — CIJ Cl) a_ 6 �g u 0 CL LU -0 IL r� 0 0 C14 01 .1 c'O, C"D �2 Lo CS! Co- 0 04 OD; CIJ to :SIG) A 0) m m 0) r, - N C'i co 0 ,OD m r- cn C,4 (3i m c3i �i U). 69 to 60 6& (0) (a fo) 64 o ;o 10 a 0 00 z c l�- U) M: a) �Tl M. ui W! 7i: (DA '5; _j ;,- 9 E a-' < M a 0 � I =, w C; iz c -a. �uj w cl 12 C-) CD 2 10 c Q);r u E'ua)icL WIE u 4) .21 LLI 'D w Q), 10 �- U) 0 w a) 0) -0 E �w LL Uj m (L -a W> A LU; w — w �'2! �r) 14 o (a , =�w 2 o CU 0 N;m M, 0 0 E Fml 0� 0 = :, (1) c .26 0m; 140 (D E 5 -0 c E 0 M m '4� E Q, Z: N�E ae i (D; M � = Lo i 0,:r x cn —� a_ 6 �g u 0 CL LU -0 IL r� 0 0 C14 01 EXHIBIT "C" SCHEDULE OF PERFORMANCE [See following page from Contractor's Proposal] Environmental Services Agreement City of CarsonlEIP Associates 10 I A cost breakdown for this project is provided on the following page. It is a spreadsheet that contains: Each task outlined in the scope of work Hours needed to complete each task • What individuals will be working on during each task • Individual titles and hourly rates In addition, the spreadsheet also includes a cost estimate for each item, as well as a mark-up for reimbursable expenses and subconsultants. 71he previous page I (Schedule) provides a timeline for the life of the project. The Billing Rate Schedule for all EIP/PBS&J employees is provided in the Appendix (and as referenced in the budget spreadsheet). Subconsultant costs arc shown as a line item on the main cost spreadsheet, although rate schedules and spreadsheets for the discrete tasks are also'::--. provided in the Appendix. Our cost estimate reflects the level of effort antici ated, to complete the work as requested by the City, based on,,. - our previous history and current understanding of this,_!,".' Project. Things that would cause a need for a fiature,�."`, budget augment include, but are not limited to the need for a greater magnitude of effort in terms of breadth or complexity of analysis than was budgeted (2):, - future decisions by the City or Applicant that effect the scope or the level of effort required but which cannot be anticipated at this time; (3) changes made to the",`;-""]�_` project description after completion of the Notice of Preparation; and/or (4) the delay or unavailability of information due from City, Applicant or other related'- v parties. 28