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
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(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,
------ ------
..........
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DEBORAHLYN
N SHIMEL
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My COMMISSION # DD 452060
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q EXPIRES: Noveml:ber 13,20N
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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
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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.
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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
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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