DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F
CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
SP-49-DS-21
This Agreement is made and entered into as of July 28, 2022 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 ("City"), and Kimley-Horn and Associates, Inc., a Corporation with its principal place of business at 1100 W Town & Country Road, Suite 700, Orange, California 92686 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Local Early Action Planning (LEAP) Grant Administration (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
Compensation.
Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "A." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $469,375.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outining the changes shall be forwarded to the City by Consultant 16498.00150\32126437.1
DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F with a statement of estimated changes in fee or time schedule. An amendment to this greement shall be prepared by the City and executed by both Parties before performance ( uch services, or the City will not be required to pay for the changes in the scope of work. Suc amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from execution of the agreement to August 31, 2023, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 2 16498.00150\32126437.1|
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9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (ili) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one 3 16498.00150\32126437.1
DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(V) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount 16498.00150\32126437.1
DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F indicated herein. This insurance shall be on a policy form coverage specifically designed to protect against negligent acts, errors or emissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs, except of professional liability shall be payable in addition to the limits.
Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City vidence of insurance from an insurer or insurers certifying to the coverage of all insuranc equired herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
Policy Provisions Required
Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
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DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F (Ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iV) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VI and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will 6 16498.00150\32126437.1
DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner to the extent arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage 7 16498.00150\32126437.1
DocuSign Envelope ID: A1E3E3Е2-28B7-4BBC-B760-E0539758E60F Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all 4oc, a may Be mand on time to me and al rate a toning an a subconsultants to comply with the same.
15. City Material Requirements.
Consultant is hereby made that no City's requirements regarding materials, are deemed to be a part of this Agreement.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of 8 16498.00150\32126437.1
DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Jason Melchor as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
given, emaild or or very men eposited to amen on delivered bates post me may y mail, return receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of Fontana Kimley-Horn and Associates, Inc.
8353 Sierra Avenue 1100 W Town & Country RD, Ste 700
Fontana, California 92335 Orange, CA 92686
Attn: Patty Nevins, Department of Planning Attn: Jason Melchor 9 16498.00150\32126437.1
DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, urdens, duties or obligations without the prior written consent of City. Any attemptec assianment without such consent shall be invalid and void
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
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DocuSign Envelope ID: A1E3Е3Е2-28B7-4BBC-B760-E0539758E60F City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona tide employee working solely tor consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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CITY OF FONTANA
SIGNATURE PAGE
CONTRACT NO. SP-49-DS-21
CITY OF FONTANA KIMLEY-HORN AND ASSOCIATES, INC.
Matthew C. Ballantque Jams Methen (PE. #65218)
By: By:
Matthew C. Ballantyne ] Jason Melchor
City Manager
Associate
Attest:
By: Gemaine Meltellan key
Germaine McClellan Key
City Clerk
By: Phillip Burum
Phillip Burum
Deputy City Manager
Approved as to form:
Ruben Duran
Best Best & Krieger LLP
City Attorney
Mt By: Patty Menins
Patty Nevins
Director of Planning
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
Melvin Alegado on behalf of
By: _
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES Jessica Brown Sid Lambert
Jessica Brown Purchasing Office
Chief Financial Officer
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EXHIBIT A
Scope of Services
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DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn
Scope of Work
Task 1. Project Kick Off and Project Schedule
Kimley-Horn will attend one kick-off meeting and create a project schedule that will be updated throughout the duration of the project (provided monthly upon request). We assume the project duration to be 14 months. Kimley-Horn will provide project administration services, monitor labor versus project budget, and prepare invoices monthly. Kimley-Horn will coordinate with City staff and conduct monthly meetingswith the project team, up to 14 meetings.
Task 2. Baseline Document Review and Policy/Regulatory Audit
2.1 Document Review
To establish a clear understanding of existing policy, Kimley Horn will review the existing policy and regulatory guidance that governs development in the Walnut Village Specific Plan. Kimley Horn will review key City documents, including but not limited to, the existing CityGeneral Plan, City Zoning and Development Code, the Walnut Village Specific Plan, and the City Housing Element (2014).
2.2 Policy Audit and Technical Memo
The review will include a forensic policy and regulatory audit to determine the key contributing factors blocking or limiting the potential for development in the plan area. The audit will be a general assessment of existing regulatory provisions and design guidance. Summary findingsof this audit will form the basis for recommended amendments to the Specific Plan.
Deliverables:
• Technical Memo - Policy Audit
Task 3. Baseline Analysis and Recommendations
3.1 Housing Market Considerations
Kimley Horn will research trends of mixed-use and residential development as well as of the history of zoning in the area to identify the type of residential and mixed-use zoning best suited for the newlyupdated Walnut Village Specific Plan. The Market Assessment will rely on consultation with local developers/builders and evaluation of past, currented and planned residential development in the influencing market area.
3.2 Opportunity Areas / Focus Area Identification
Based on market area research and identification of various opportunities and constraints in the Specific Plan area, Kimley Horn will identify the key areas of opportunity the possess the highest level of opportunity for residential and mixed use development. These opportunity areas will be described as area that have the highest level of opportunity to develop/transition to residential and mixed use development.
Kimley Horn will further develop these opportunity areas into focus areas of change, which will identify the policy focus, purpose and intent and a general description of features of future development. The focus areas are considered the precursors to the Baseline Land Use Concept to be developed in Task 3.4.
kimley horn.com 1100 W Town & Country Road Suite 700 Orange, CA 92686" 714) 705-1317, DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn Page 2
3.3 Compatibility Analysis
Kimley Horn will conducted a general compatibility analysis with adjacent uses to identify potential positive and negative compatibility issues related to existing on the ground development. This will include evaluation of existing and adjacent single family uses, commercial and industrial development. Infrastructure, transportation and other considerations will also be evaluated.
3.4 Baseline Land Use Concept
Once the baseline and compatibility analysis is complete and initial outreach activities have been conducted, a Baseline Land use Concept will be developed. The Baseline Land Use Concept will identify the distribution and types of land uses and fully described the purpose and intent of the various land use subdistricts identified 1 the land use concept. The Baseline Land Use Concept will be used as the basis for future outreach activities and development of the Design and Development Standards in Task 4.
3.5 Final Land Use Concept and Policy Framework
Kimley Horn will finalize the land use concept following additional outreach activities described in Task 5. The final land use concept will described the applicable land use subdistricts provided in the Specific Plan. This task will also describe the general policies that the Specific Plan will implement. The land use concept and policy framework will presented as maps, tables and text.
Deliverables:
• Market Considerations Technical Memorandum
• Opportunity Area Technical Memorandum
• Site Compatibility Report
• Draft and Final Land Use Concept and Policy Framework Task 4. Design Standards, Development Standards and Entitlement Provisions Proper design guidance for the Walnut Village Specific Plan area will be important to properly articulate the City of Fontana's expectation for quality design and to assist in incentivizing project investment. Since the project area is intended to accommodate higher density residential product types, it is important to establish a clear expectation of design quality and the entitlement procedures that further and/or incentivize them.
4.1 Development Standards
Kiimley Horn will develop land use and development standards for the Specific Plan area. These land use and development standards will address the needs for higher density multiple family residential product, mixed use, attached and detached single family. Development standards will be based upon consultation with the development community, community outreach and recommendations by Kimley Horn. Development standards will include, but not limited to:
Permitted Uses
Density, Height, Setbacks
Performance Standards
Stepbacks
Standards for Specific Land Uses
Mixed Use Standards
Signs
Landscaping and Improvements
kimley-horn.com 11100 W Town & Country Road Suite 700 Orange, CA 92686 10(714) 705-1317 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn Page 3
The Draft development standards will be presented as a section of the specific plan, with the requisite tables, text and exhibits.
4.2 Design Guidelines
Kimley Horn will prepare a comprehensive set of Design Guidelines for the Specific Plan area. The Design Guidelines are post- entitlement guidance that illustrates the city's overall expectations for design quality. The design guidelines will provide visual examples of design intent and describe the objectives and intent of design guidance. The Design Guidelines will feature the following:
SubDistrict Specific Guidelines
Urban Design and Streetscape
Site Planning and Placement
Design Guidance by Development Type
Parking Design
Architectural Design and Character
• Open Space
The Draft Design Guidelines will be presented as a section of the specific plan, with the text, tables, graphics and photographic depictions.
4.3 Entitlement Procedures and Incentives
Kimley Horn will develop are comprehensive development entitlement process and incentives to compliment the land use and development regulations. The entitlement procedures shall consist of appropriate modifications and/or enhancements to the City's existing development entitlement procedures and will detail the process to achieve approval of development. The entitlement procedures will be customized to include incentives and other features the minimize approval timelines, clearly detail applicant responsibilities and expectations
The entitlement procedures will be first described in a Technical Memorandum and then incorporated into the Land Use and Development Standards section of the Specific Plan.
Deliverables:
• Draft Development Standards
• Draft Design Guidelines
• Entitlement Procedures Technical Memo
• Revised Draft Development Standards and Design Guidelines Task 5. Community Engagement
Kimley-Horn suggests an approach to public participation that integrates meaningful input and involvement. Engaging, interactive, and collaborative community and stakeholder workshops will have productive results for the City of Fontana. Kimley-Horn will prepare and deliver an outreach plan utilizing a variety of "tools" such as PowerPoint presentations, informational handouts, visual aids, social media tools, to helpparticipants understand the update process, issues to resolve, and potential opportunities.
Prior to conducting outreach, a coordination meeting will discuss approaches, key challenges, and various methodsfor effectively engaging City residents and decision makers in the planning process. Based upon this internal discussion, the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies, dates, locations, participants, and other kimley-hor com W Town & country Road Suite 7o0 Orange, CA 92686 I(714) 705-1317, DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley»Horn Page 4
5.1 Community Workshops (2)
It is assumed that all workshops will be conducted in a virtual format. Kimley-Horn will design, set up,and conduct all outreach activities, which may include interactive exercises, polling, facilitated dialogue, or other appropriate methods.
It is assumed the following topics will be included for each of the workshops:
» Workshop #1 - Introduction/Project Opportunities/Constraints » Workshop #2 - Policy and Design Options and Preferred Concepts
5.2 Planning Commission/City Council Study Session
Kimley-Horn will attend and facilitate one study session/meeting with City Council and the Planning Commission. As part of the work plan refinement process, Kimley-Horn can discuss with City staff the most effective approach for these meetings, including opportunities to ensure the involvement of key interest groups, developers, and other members of the community.
5.3 Planning Commission Public Hearing
Kimley-Horn will attend up to two hearings before the Planning Commission to recommendadoption of an amended Walnut Village Specific Plan. Kimley-Horn will prepare presentation material and up to two Kimley-Horn team members will attend the hearings.
5.4 City Council Public Hearing
Kimley-Horn will attend up to two hearings before City Council to recommend adoption of an amended Walnut Village Specific Plan. Our team will prepare presentation materials and up to two Kimley-Horn team members will attend the hearings
Deliverables:
Virtual meeting set up and facilitation
Workshop summary report
Meeting/hearing presentations
Meeting/hearing attendance
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Task 6. Update Walnut Village Specific Plan
Kimley-Horn will provide an updated Walnut Village Specific Plan, which will contain the following primary components:
» Project Purpose and Intent
» Development Plan
» Development Standards
» Design Guidelines
» Incentives and Entitlement Streamlining
Kimley-Horn will compile this information into a comprehensive revised Specific Plan document.
Comprehensive infrastructure analysis,modeling or relevant technical studies area excluded from this scope of work.
6.1 Draft Updated Specific Plan Document
Kiimley Horn will prepare an internal review Draft Specific Plan document for City review and comment. It is assumed comments to the draft will be provide as a consolidated set of City comments.
6.2 Response to Comments
Based on the City's review of the Draft Specific Plan, Kimley Horn will incorporate and consider City comments.
6.3 Final Specific Plan Document
Kiimley Horn will prepare and final Specific Plan document, ready for Public Review Deliverables:
. Draft updated Specific Plan document
Revised Draft Specific Plan document
Final Specific Plan document
Task 7. Environmental Compliance
Task 7.1 Project Kick-Off and Project Characteristics
This Task includes a Kick-Off Meeting with the City to discuss the CEQA Project in greater detail. This initial meeting is a key milestone, which is vital to the Project's success and CEQA compliance. The primary objectives will be to confirm the City's expectations and Project goals and develop/refine the Project Description. The analysis' parameters, construction details, buildout conditions, scheduling, and overall communications protocol will also be established. Prior to the meeting, Kimley-Horn will distribute a Kick- Off Meeting Agenda and Data Needs Technical Memorandum (TM).
Task 7.2 Research and Investigation
Readily available reference data, including planning and policy documentation from the City, County of San Bernardino, State and Federal agencies, and other agencies that may be affected by the proposed Project will be gathered and reviewed. Data obtained through this Task will be foundational to the environmental documentation and incorporated into the analysis, as appropriate. This Task includes reconnaissance of the Project site and its surroundings, and a detailed photographic recording of on-and off-site conditions.
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Task 7.3 Notice of Preparation
Kimley-Horn will prepare a Draft Notice of Preparation (NOP) for the Project. The NOP will assist in the preparation of the EIR by focusing on the effects determined to be potentially significant. Kimley-Horn will review responses to the NOP to ensure that relevant concerns are addressed in the Draft Program EIR. Kimley-Horn will correspond with the City and affected agencies, to ensure that potentially significant regulatory or agency issues are addressed in the Draft Program EIR. Kimley-Horn will review the NOP distribution list provided by the City. This scope assumes the City will be responsible for all distribution and noticing associated with the NOP.
Task 7.4 Scoping Meeting
Kimley-Horn will work with City staff in arranging and conducting a public scoping meeting for the public and responsible agencies. Kimley-Horn assumes that City staff will provide and arrange for meeting locations. Kimley-Horn will prepare a public scoping meeting notice, assumed to be included with the NOP. Kimley-Horn will attend the public scoping meeting, to be facilitated by City staff, prepare a PowerPoint presentation about the topics that will be addressed in the EIR, and will prepare a summary of issues identified at the scoping meeting.
Task 1.0 Deliverables:
• Kick-Off Meeting Agenda
• Kick-Off Meeting Notes and Action Items
• Data Needs TM
• Notice of Preparation
• Attendance at Scoping Meeting
Task 7.5 Technical Studies
Kimley-Horn will prepare the Technical Studies outlined below. This Scope assumes each Technical Study will undergo one round of City review, and one reconciled set of City comments will be provided.
Additional rounds of City review are excluded.
A) Air Quality Assessment
Existing Conditions. The climate and meteorology influencing the area's pollution potential will be discussed, and up-to-date results of monitoring for pollutants conducted by the South Coast Air Quality Management District (SCAQMD) and the California Air Resources Board (CARB) will be summarized. Land uses in the City that are especially sensitive to air pollution (e.g., medical facilities, daycare centers, and schools) will be inventoried. The regulatory framework will include an explanation of the existing control programs that are currently in place at the State and regional levels to control air quality.
Air Quality Impact Assessment. Kimley Horn will model and analyze air quality impacts associated with the horizon year projections associated with the Walnut Village Specific Plan Update based on the proposed land use plan and the traffic analysis. The Air Quality Impact Assessment will evaluate long- term air quality impacts in accordance with the regulations and standards of the SCAQMD.
Construction emissions will be discussed qualitatively as it is speculative to analyze construction impacts at the program level. Carbon monoxide hotspots will also be assessed at a program level. kimley-horn. com 1100 W Town & Country Road Suite 700 Orange, CA 92686 (714) 705-1317 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley»Horn Page 7
Existing and potential future sources of toxic air contaminants in the planning area will be addressed.
Consistency with the SCAQMD's 2016 Air Quality Management Plan (AQMP) will be addressed.
The analysis will be prepared in accordance with the criteria, standards, and provisions of the CEQA and will respond to the applicable checklist items within Appendix G of the CEQA Guidelines.
B) Greenhouse Gas Assessment
Existing Conditions. The regulatory framework will include an explanation of the existing control programs that are currently in place at the State and regional levels to control greenhouse gas (GHG) emissions.
Greenhouse Gas Emissions Impact Assessment. Kimley-Horn will develop a GHG emissions inventory associated with the Walnut Village Specific Plan Update based on the land use inventories and traffic data and will incorporate the emissions reductions achieved from applicable sustainability goals and policies. The report will determine whether the project would directly or indirectly generate significant GHG emissions or conflict with an applicable plan, policy, or regulation adopted to reduce such emissions, including the State Scoping Plan and the Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS). GHG and climate change protocols are constantly evolving. As such, climate change impacts will be analyzed in accordance with the latest guidance.
C) Noise and Vibration Assessment
Existing Conditions and Regulatory Setting. Noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted and short-term noise level measurements will be taken along the project area. Up to eight short-term (10-minute) noise measurements will be taken at various locations to establish ambient noise levels at various land uses and areas in the project vicinity.
Construction Noise. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. The noise analysis will examine whether construction noise would generate a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of applicable standards.
Vibration. An analysis of construction vibration impacts will be based on the FTA's vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. The analysis will examine whether the project would generate excessive groundborne vibration.
Operational Noise. On-site noise generating activities will be addressed and analyzed for potential impacts to the adjacent uses and will be assessed against the applicable Land Use Noise and Compatibility Matrix and Interior/Exterior Noise Guidelines. Stationary noise sources will be quantitatively assessed. On- and off-site noise impacts from vehicular traffic will be assessed using the U.S. FHWA Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format. The noise analysis will examine whether operational noise would generate a substantial increase in ambient noise levels in the kimley horn.com 1100 W Town & Country Road, Suite 700 Orange CA 92686 714) 705-1317 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn Page 8
vicinity of the project in excess of applicable standards.
D) Traffic Study
LOS Analysis
• Kimley-Horn will prepare a Traffic Impact Analysis in accordance with the City of Fontana Traffic Impact Analysis Guidelines for Vehicle Miles Traveled (VMT) and Level of Service Assessment (June 2020) and the San Bernardino Association of Governments (SANBAG) Congestion Management Program (CMP).
Obtain a copy of the proposed land uses for the proposed Specific Plan, including building square footages and uses, site layout, site driveways, parking supply, and any other site features that will affect the traffic analysis.
• Conduct a site visit to observe and document existing traffic conditions in the project vicinity, including site access points, surrounding street system and traffic control, and surrounding land uses.
• Prepare a Traffic Study Scoping Agreement identifying the project trips, trip distribution, and suggested study intersections for submittal to Traffic Engineering staff. • For planning and budgetary purposes, it is assumed that this scope assumes up to eight (8) study intersections.
• Obtain historical morning and evening peak period traffic count data at the study intersections, due to the closure of businesses and school amid the COVID-19 pandemic. If historical counts are not available, we will work with City staff on potential options for traffic count data. • Develop project trip generation estimates for the proposed project, using the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Edition) Trip Generation Rates. • Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of residents, employees, or patrons; the roadway system serving the site; and current traffic patterns in the area. Project traffic will be distributed through the study intersections, and the project traffic contribution to each intersection will be identified. • Work with City staff to identify approved and pending projects and ambient growth rates, to develop cumulative conditions traffic forecasts for the Project Opening Year. • Summarize operating conditions at the study intersections for the following scenarios:
1. Existing Conditions
2. Existing Plus Project
3. Opening Year Without Project Conditions
a. Includes Existing + Growth + Cumulative Projects
4. Opening Year With Project Conditions
5. Future Build-out Year Without Project Conditions
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6. Future Build-out Year With Project Conditions
• Identify project impacts, and mitigation measures, if necessary. • Conduct a signal warrant analysis for any unsignalized study intersections.
CEQA VMT Analysis
• Kimley-Horn will run initial VMT screening based on information published by SBCTA. Kimley- Horn will coordinate with the City of Fontana regarding their planned approach to establishing thresholds and methodologies for the VMT analysis. This task does not include a quantitative VMT analysis (modeling required). If the City requires a quantitative VMT analysis, this will constitute additional effort. An optional task for a quantitative VMT analysis is provided below. • Conduct a quantitative VMT analysis using STAM model outputs. Coordinate with SBCTA and the City of Fontana on performing select zone analyses on the TAZ comprising the project site for the purposes of establishing VMT thresholds for the City. Note that this will require deconstructing the model output sufficiently so that both the trip purposes and trip lengths for each contributing part of the project's VMT from other sources can be completed. The process undertaken will be consistent with OPR guidance as described in the most recent release of its guidance.
Documentation and Response to Comments
• Prepare a stand-alone traffic impact study to document the methods and results of the analyses performed in Tasks identified above.
• Revise the traffic impact study to respond to review comments, to the extent that the revisions are within the approved scope of services and that no new data collection or additional analysis is required.
• The traffic study will address the impacts of a single development scenario. Analysis of project alternatives, phased development, additional analysis scenarios, or revised analysis to address revisions to the site plan will require additional fee.
E) Biological Resources Assessment
Kimley-Horn has retained ELMT Consulting to prepare the Biological Resources Assessment.
Literature Review
ELMT will review all technical survey reports previously prepared for the proposed project, if available, and other data from the general vicinity to determine the extent of natural habitats occurring on the site and if special-status' biological resources are likely to occur on or within the general vicinity of the proposed project site. A database search of the California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California listings 1 As used in this proposal, "special-status" refers to those plant and wildlife species that are federally or State listed, proposed, or candidates; plant species that have been designated a California Native Plant Society Rare Plant Rank; and species that are designated by the CDFW as fully protected, species of special concern, or watch list species. kimley horn.com 1100 W Town & Country Road, Suite 700 Orange CA 92686 X714) 705-1317 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn Page 10
regarding sensitive biological resources known to occur in the region and vicinity of the site will also be conducted. Additional information sources will be consulted including the California Department of Fish and Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), and historic/current aerial photographs as appropriate to define the habitat requirements for special-status species potentially occurring on-site.
Literature detailing existing wildlife movement corridors and linkages will be reviewed to determine if the proposed project is located within any local or regional wildlife movement corridors.
In addition, ELMT will review jurisdictional waters information through examining historical aerial photographs to gain an understanding of the impact of land-use on natural drainage patterns in the area.
Where possible, surface drainage systems will be traced using aerial imagery to downstream receiving waters. The USFWS National Wetland Inventory and Environmental Protection Agency (EPA) Water Program "My Waters" data layers will also be reviewed to determine whether any hydrologic features and wetland areas had been documented within the vicinity of the site. Similarly, the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Web Soil Survey will be used to identify any hydric soils.
Field Investigation
Following the literature review, ELMT will systematically survey the undeveloped portions of the Specific Plan Area to document baseline conditions from which to evaluate the site's potential to support special- status, sensitive habitat types, and/or jurisdictional drainages. The fieldwork will be conducted by qualified biologists in order to document the presence/absence of special-status biological resources, or to determine the potential for occurrence of such resources that may not be detectable when the literature review is conducted. The location of any special-status biological resources (i.e., plants, plant communities, drainage features, wildlife), if present onsite, will be recorded in the field with a handheld GPS unit.
Particular emphases will be given to the presence or absence of suitable habitat for burrowing owl (Athene cunicularia), San Bernardino kangaroo rat (Dipodomys merriami paruvs), and California gnatcatcher (Polioptila californica). In addition, the undeveloped portions of the Specific Plan Area will be evaluated for their potential to support other special-status species identified during the literature review. Additionally, the suitability of the vegetation on and surrounding the proposed project site will be surveyed for its ability to provide suitable avian nesting opportunities.
Notes will be taken on all plant and wildlife species observed on-site during the survey. This survey will provide an understanding of the overall project setting and biological resources occurring within the boundaries of the undeveloped portions of the Specific Plan Area. These data will be used to devise an appropriate clearance/conservation strategy for implementation of the proposed project. The habitat assessment does not include focused surveys.
A jurisdictional assessment will also be conducted to confirm the limits of jurisdictional "waters of the United States" and "waters of the State" (including potential wetlands) that may be located within the boundaries of the undeveloped portions of the Specific Plan Area. kimley-horn.com | 1100 W Town & Country Road Suite 700 Orange CA 92686 (714) 705-1317, DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn Page 11
Biological Technical Letter Report
A biological technical letter report will be prepared with the results from the literature review and field survey that will document all plant and wildlife species observed, all sensitive and non-sensitive habitats occurring within the boundaries of the undeveloped portions of the Specific Plan Area proposed project footprint, the potential for any special-status species to occur that could be affected by implementation of the proposed project, and will ensure no jurisdictional drainage features (i.e., "waters of the U.S. and "waters of the State") occur on or adjacent to the undeveloped portions of the Specific Plan Area. The report will include a map of the plant communities occurring onsite, and their respective acreages. The report will include a brief analysis of the project impacts to biological resources, suggestions for updating previous clearances issued for the project that may be needed prior to development, and mitigation measures, if needed. The final report will be sufficient to support updates to the Walnut Village Specific Plan and streamline the processing for housing development.
F) Cultural Resources Phase | Records Search/ AB52 & SB18 Consultation Kimley-Horn has retained BCR Consulting to prepare the Cultural Resources Assessment, AB 52 and SB18 Consultation documentation.
Research. The records search for cultural resources (archaeological and historical) will be conducted through the South Central Coastal Information Center (SCCIC) at California State University, Fullerton.
This research will characterize the status and extent of previous cultural resource studies completed in the project area, and will review the status of any local historical resources. Additional land use history research will not be performed under this scope of work.
Field Survey. BCR Consulting field staff will perform a field check of the accessible project sites. This fieldwork will be completed under the supervision of a cultural resource professional that meets the United States Secretary of the Interior's Professional Qualifications Standards for Architectural History, and for Archaeology. The goal of this task will be to identify and photograph a maximum of two historic-period buildings allocated within the project site boundaries.
Report and DPR Forms. A cultural resources letter report will be produced to summarize the results of Tasks 1 and 2 and to provide recommendations. The recommendations would focus on buildings that are historic in age, and that may cause a development constraint for potential future project activities.
Paleontological Overview. BCR Consulting will request a paleontological overview for the project site from the Western Science Center. This overview will review previous paleontological resource studies completed in the area to assess potential for the project to impact any important fossils, and to make necessary recommendations for any preservation or mitigation efforts. The resulting report will be appended to the cultural resources report.
Native American Heritage Commission Communications. BCR Consulting will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search. The results of the SLF Search will be appended to the report.
Task 7.1 to 7.5 Deliverables:
• One hard copy and one electronic copy of each Technical Study/Peer Review memorandum kimley-horn.com 11o0 W Town & Country Road, Suite 700 Orange CA/92686 i (714) 705-1317, DocuSign Envelope ID: A1E3E3Е2-28B7-4BBC-B760-E0539758E60F Kimley» Horn Page 12
Task 7.6 Administrative Draft Program EIR
Kimley-Horn will initiate preparation of a Program EIR utilizing the recently adopted CEQA Guidelines, which is anticipated to be structured as follows:
• Section ES, Executive Summary
• Section 1.0, Introduction and Purpose
• Section 2.0, Project Description
• Section 3.0, Basis for Cumulative Analysis
• Section 4.0, Environmental Analysis
• Aesthetics • Land Use & Planning
• Air Quality • Noise
• Biological Resources Paleontological Resources
• Cultural Resources Public Services & Recreation
• Energy Utilities & Service Systems
• Geology and Soils • Transportation & Circulation
• Greenhouse Gas Emissions Tribal Cultural Resources
• Hazards and Hazardous Materials Wildfire
• Hydrology & Water Quality
Each potentially significant environmental issue area will be addressed in a separate EIR section that will be organized, as follows:
1. Introduction 5. Impacts & Mitigation Measures
2. Regulatory Setting 6. Cumulative Impacts
3. Environmental Setting 7. Significant Unavoidable Impacts
4. Impact Thresholds & Significance 8. References
Criteria
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• Section 5.0, Other CEQA Considerations
• Section 6.0, Alternatives to the Proposed Action
• Section 7.0, Effects Found Not to be Significant
• Section 8.0, Organizations and Persons Consulted
• Section 9.0, Appendices
Executive Summary
The Executive Summary will include a Project Summary, an overview of Project impacts, mitigation and levels of significance after mitigation, summary of Project alternatives, and areas of controversy and issues to be resolved. The Environmental Impacts Summary will be presented in a table format.
Introduction and Purpose
The Introduction will cite the State CEQA Guidelines provisions, and the City CEQA Implementation procedures to which the proposed Project is subject. This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the EIR format, listing of responsible and trustee agencies, and documentation incorporated by reference.
Project Description
Based upon the detailed CEQA Project information obtained at the Project Kick-Off Meeting, Kimley-Horn will prepare a Draft Project Description for City review and approval. The Project Description will detail the Project's location, environmental setting, background and history, characteristics, discretionary actions, goals and objectives, construction program, phasing, agreements, and required permits and approvals. This section will include Exhibits depicting the regional and site vicinity, as well as key Project components. City-approval of the Project Description will enable Kimley-Horn to proceed with the impact analyses.
Cumulative Projects/Analysis
In accordance with State CEQA Guidelines §15130, the EIR will include a section providing a detailed listing of cumulative projects and actions under consideration for the analysis. This section is intended to present a listing and description of projects, past, present and anticipated in the reasonably foreseeable future, even if those projects are outside of the City's jurisdiction. The potential for impact and levels of significance will be contingent upon the geography (radius or area of interaction with the Project.
Kimley-Horn will consult with the City, City staff and other applicable jurisdictions to define the appropriate study area for each cumulative analysis environmental issue. This Task assumes a maximum of 16 hours for consultation with other jurisdictions, including preparation of letters and cumulative projects list.
Environmental Analysis
Kimley-Horn will evaluate the necessary information concerning existing conditions, the potential adverse Project effects (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised during the scoping process (NOP responses, Public Scoping Meeting, and any other relevant and valid informative sources) will also be evaluated. The analyses will be based upon readily available data, results from additional research, and an assessment of existing technical data. These analyses will kimley-horn.com 11100 W Town & Country Road, Suite 700 Orange, CA 92686 (714) 705-1317 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn Page 14
be performed by qualified Kimley-Horn Environmental Analysts, CEQA experts, and Planners.
The EIR's Environmental Analysis section will discuss the existing baseline conditions for each environmental issue and will identify the Project's short-term construction-related impacts and long-term operational impacts, and their level of significance. The impact analysis will be in a consistent order of environmental issues as presented in the recently updated State CEQA Guidelines Appendix G (Air Quality, etc.). The thresholds of significance will be identified for each environmental issue area. A brief discussion will be provided for all environmental issues determined to be No Impact or Less Than Significant Impact in the IS, explaining why these determinations were made and that no further analysis in the EIR is warranted. The Impact Subsection will provide a detailed analysis of each issue determined to be Less Than Significant with Mitigation Incorporated or Potentially Significant Impact.
Alternatives to the Proposed Project
In coordination with the City and City, Kimley-Horn will develop Project alternatives intended to avoid/substantially lessen Project impacts that cannot otherwise be mitigated to a level below significance. The alternatives section will conform to amendments to State CEQA Guidelines §15126.6 and recent and applicable court cases. Pursuant to CEQA Guidelines §15126.6, Kimley-Horn will provide an analysis of a "reasonable range" of alternatives, comparing each alternative's impacts in each environmental issue to the Project. Preliminarily, the range of Alternatives is expected to include the No Project/No Development Alternative, and two other Alternatives to be developed through the Project review process in consultation with the City.
For each alternative, Kimley-Horn will provide a qualitative analysis that will include the environmental issues outlined in Task 3.0 above. As required by the State CEQA Guidelines, Kimley-Horn will discuss the advantages/disadvantages of each alternative and the reasons for rejecting or recommending the stated Project alternatives. A key component of this Task is an impact matrix summarizing the comparative analysis described above. This matrix will be prepared in a summary format to allow decision-makers a reference that will be easily understood, while providing a comparison of each alternative with the Project. The Alternatives section will culminate with the selection of the environmentally superior alternative in accordance with State CEQA Guideline requirements.
Additional Sections
Kimley-Horn will provide additional sections in the EIR to meet CEQA and City requirements including the following: Significant Irreversible Environmental Changes That Would Be Involved in the Proposed Project Should It Be Implemented, Effects Found Not to Be Significant, Inventory of Significant Unavoidable Impacts, and Organizations and Persons Consulted/Bibliography.
EIR Graphics
The EIR will include approximately 20 exhibits to enhance the written text and clarify the proposed Project environmental impacts. Our in-house graphic design team will create professional quality, black and white or full-color exhibits, as well as covers and dividers for the EIR and Appendices. This Task assumes the City will provide high-resolution base maps and plans.
Task 7.6 Draft Program EIR
Kimley-Horn will respond to one reconciled set of City comments on the Administrative Draft Program EIR. This Task assumes that the Project Description will not change and the comments will not raise new kimley-horn.com 1100 W Town & Country Road Suite 700 Orange, CA 92686 (714) 705-1317 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley»Horn Page 15
substantive issues requiring re-analysis. If desired by the City, Kimley-Horn will provide the Preliminary Draft Program EIR in Track Changes to assist with final document review.
Kimley-Horn will produce the Draft Program EIR for the required 45-day public review period. Kimley- Horn will prepare a Notice of Availability for the proposed project. Kimley-Horn will also prepare a Notice of Completion (NOC) for submittal to the Office of Planning and Research (OPR) and distribution to the public. This task assumes the City will be responsible for all mailing and posting of notices associated with the Draft Program EIR. This task also assumes that the City will provide all mailing and radius lists for the noticing.
Tasks 7.5 and 7.6 Deliverables:
• Administrative Public Review Draft Program EIR
• Screencheck Public Review Draft Program EIR
• Up to ten (10) hard copies of Public Review Draft Program EIR with Appendices on CD • 2 hard copies of Appendices (1 to Library + 1 to City) Task 7.7 Final Program EIR
The Final Program EIR will consist of the Comment Letters and Responses, Errata to the Draft Program EIR, and the Mitigation Monitoring and Reporting Program (MMRP).
Administrative Final Program EIR
Kimley-Horn will respond to all written comments received on the Public Review Draft Program EIR during the public review period, and any additional comments raised during the public hearings. Kimley-Horn will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. It is noted that it is presently unknown the extent of public/agency comments that will result from the public review process. Kimley-Horn has budgeted a maximum of 40 hours for completion of the Administrative Responses to Comments. Should the level of comments and responses exceed the assumed effort, services will be provided on a T&M basis.
The EIR will be revised in accordance with the responses to public comments on the Draft Program EIR.
The EIR revisions will be presented in summary form in an Errata to the Draft Program EIR.
Mitigation Monitoring and Reporting Program
Kimley-Horn will prepare an MMRP to be defined through working with the City to identify appropriate monitoring steps/procedures, to provide a basis for monitoring such measures during and upon Project implementation. The MMRP Checklist will serve as the foundation of the proposed Project's MMRP. The Checklist indicates the mitigation measure number, mitigation measure, monitoring milestone, method of verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual, date of verification, and pertinent remarks.
Screencheck Final Program EIR
Kimley-Horn will respond to one reconciled set of City comments on the Responses to Comments, Errata, and MMRP. If desired by the City, Kimley-Horn will provide the Preliminary Final Program EIR in Track Changes to assist with the City's final document review. Once finalized, this task assumes the City will be responsible for all distribution, noticing, and posting of the Final Program EIR. kimley-horn.com 1100W Towh & Country Road, Suite 700 Orange CA 92686(714) 705-1317 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn
Tasks 7.7 Deliverables:
• Administrative Final Program EIR
• Screencheck Final Program EIR
• 2 hard copies of Final Program EIR
Task 7.8 Findings and Statement of Overriding Considerations Kimley-Horn will provide as needed consulting services to support the City with preparation of the Findings and Statement of Overriding Considerations (SOC). This Task assumes: the City will prepare the Findings and SOC; and a maximum of four hours for Kimley-Horn peer review.
Tasks 6.0 Deliverables:
• Comments on Administrative Findings and SOC
Task 7.9 EIR Project Management
Mr. Kevin Thomas will serve as Project Director for the duration of the Project. He will be responsible for QA/QC and general oversight of the CEQA document and project process. Kari Cano will be responsible for Project Management, including overall Project Team management and supervision, and ongoing consultation with the City. Ms. Cano will undertake consultation and coordination of the Project. Ms. Cano will coordinate with all technical staff, consultants, and support staff, toward completion of the EIR. It is Kimley-Horn's goal to serve as an extension of City staff throughout the EIR preparation process. This Task assumes a maximum of 75 hours.
Task 7.10 EIR Meetings and Hearing Attendance
Mr. Thomas and Ms. Cano will attend the meetings/hearings, represent the Project Team, and make PowerPoint Presentations, as necessary. This Task assumes a maximum of 50 hours. Should the City determine that additional meetings beyond the assumed are necessary, services will be provided on a T&M basis.
Assumed Meetings/Hearings:
• 1 Kick-Off Meeting
• 1 Scoping Meeting with PowerPoint Presentation
• 3 Public Hearings with PowerPoint Presentations
• 4 Progress Conference Calls
kimley-horn. com 1100 W Town & Country Road Suite 700 Orange, CA 92686 4(714) 705-1317 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn Page 17
ADDITIONAL SERVICES
Any services not specifically provided for in the above Scope, if requested by the City, will be billed as additional services and performed at our then-current hourly rates.
ACKNOWLEDGEMENTS:
CITY OF FONTANA KIMLEY-HORN AND ASSOCIATES, INC.
somen Patry Neras SIONED. Jam Maiden
PRINTED NAME: Patty Nevins PRINTED NAME: Jason Melchor, PE TITLE: Planning Director TITLE: Associate
P.E. No. C65218
DATE: 6. 16.22 DATE: 05.11.2022
meyhom com 110 WTown & Coumy Road, Sure 700 orange CA 0205 TA 04) 705-1347 DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F Kimley» Horn
kimly-hom.com 11100W Towin & Country Road, Suite 700 Orange, CA 92686101 1 (714) 705-1317 CITY OF FONTANA WALNUT VILLAGE SPECIFIC PLAN UPDATE • SCHEDULE (rev.012022) 2022
TASK Cobstr «Mar Apr May Aua Sapt Oct
TASK 1: PROJECT KICKOFF AND SCHEDULE
1.1 Project Kick Off
1.2 Project Schedule
1.3 Project Team Coordination
TASK 2: DOCUMENT REVIEW AND POLICY/REGULATORY AUDIT
2.1 Document Review
2.2 Technical Memo - Policy Audit
TASK 3: BASELINE ANALYSIS AND RECOMMENDATIONS
3.1 Housing Market Considerations / Needs / Policy
3.2 Opportunity Areas / Focus Areas Identification
3.3 Compatibility Analysis
3.4 Baseline Land Use Concept
3.5 Final Land Use Concept and Policy Framework
TASK 4: DESIGN AND DEVELOPMENT STANDARDS DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F
4.1 Development Standards
4.2 Design Guidelines
4.3 Entitiment Procedures and Incentives
TASK 5: COMMUNITY OUTREACH
5.1 Community Workshops (2 workshop)
5.2 Planning Commission/City Council Study Session
5.3 Planning Commission Public Hearings.
5.4 City Council Public Hearings
TASK 6: UPDATE WALNUT VILLAGE SPECIFIC PLAN
6.1 Draft Updated Specific Plan Document
6.2 Response to Comments
6.3 Final Specific Plan Document
[TASK 7: ENVIRONMENTAL COMPLIANCE
[7.1 CEQA Program EIR
DocuSign Envelope ID: A1E3E3E2-28B7-4BBC-B760-E0539758E60F EDULE (rev.012022) 220222E
TASK Fab Mar AprE May Aua Sept Oct Dac
TASK 1: PROJECT KICKOFF AND SCHEDULE
1.1 Project Kick Off
1.2 Project Schedule
1.3 Project Team Coordination
TASK 2: DOCUMENT REVIEW AND POLICY/REGULATORY AUDIT
2.1 Document Review
2.2 Technical Memo - Policy Audit
TASK 3: BASELINE ANALYSIS AND RECOMMENDATIONS
3.1 Housing Market Considerations / Needs / Policy
3.2 Opportunity Areas / Focus Areas Identification
3.3 Compatibility Analysis
3.4 Baseline Land Use Concept
3.5 Final Land Use Concept and Policy Framework
TASK 4: DESIGN AND DEVELOPMENT STANDARDS
4.1 Development Standards
4.2 Design Guidelines
4.3 Entitiment Procedures and Incentives
TASK 5: COMMUNITY OUTREACH
5.1 Community Workshops (2 workshop)
5.2 Planning Commission/City Council Study Session
5.3 Planning Commission Public Hearings
5.4 City Council Public Hearings
TASK 6: UPDATE WALNUT VILLAGE SPECIFIC PLAN
6.1 Draft Updated Specific Plan Document
6.2 Response to Comments
6.3 Final Specific Plan Document
TASK 7: ENVIRONMENTAL COMPLIANCE
7.1 CEQA Program EIR