Agenda — Irwindale City Council, September 13, 2023 (part 2 of 3)

ATTACHMENT "B"
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENTBETWEEN THE CITY

OF IRWINDALE AND INTERWEST CONSUL TING GROUP
THIS AMENDMENT NO 2 TO CONTRACT SERVICES AGREEMENT (this "Amendment No. 2"), is made and entered into this 131h day of September 2023, by and between the City of Irwindale, a California municipal corporation ("City"), and lnterwest Consulting Group, a California corporation ("Consultant" or "lnterwest"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".

RECITALS
A. City and Consultant entered into that certain Contract Services Agreement, (herein "Agreement") dated September 13, 2023 for Preparation of the Ordinance, Community Outreach, and Adoption of the Irwindale Zoning Ordinance Update, as those terms are defined in the Agreement.

B. The Agreement established a maximum Contract Sum of Two Hundred Fourteen Thousand Eight Hundred and Sixty Dollars ($214,860.00).

C. By this Amendment No. 2, City and Consultant desire to amend the Agreement in accordance with the provisions of section 3.2 of the Agreement to account for a revised Schedule of Performance.

D. By this Amendment No. 2, City and Consultant desire to amend the Agreement in accordance with the provisions of section 2.1 of the Agreement to increase in the Contract Sum from $214.860.00 to $240,360.

E. Pursuant to Section 1.9 of this Agreement, any increase in compensation up to ten percent (10%) of the Contract Sum or $25,000 may be approved by the Contract Officer. Any increase in compensation exceeding $25,000 must be approved by the City Council. The City Council has approved this amendment to the Agreement pursuant to Section 1.9.

NOW, THEREFORE, in consideration of the mutual benefits to be derived by City and Consultant, and the promises contained herein, it is hereby agreed as follows:

1. Section 2.1 of the Agreement is hereby amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
"Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed T1NO HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($214 ,g6Q.OO) TWO HUNDRED FORTY THOUSAND THREE HUNDRED SIXTY DOLLARS ($240,360.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9."

2. Section 3.2 of the Agreement is hereby amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
"Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", dated December 2, 2021 August 15, 2023, and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) day cumulatively."

3. Exhibit "D" of the Agreement entitled "Schedule of Performance!Timeline" shall be substituted and superseded in its entirety by the "Schedule of Performance!Timeline" contained in Exhibit "A" attached hereto.

4. Except as expressly amended hereby, the Agreement remains in full force and effect as originally executed. All rights and obligations of the parties under the Agreement that are not expressly amended by this amendment shall remain unchanged.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first-above written.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:

CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
CONSUL TANT:
lnterwest Consulting Group
15140 Transistor Lane
Huntington Beach, CA 92649
By: ____________ _
Name: James M. Ross
Title: Public Works Group Leader
By: _____________ _
Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.

Exhibit "D" of the Agreement entitled "Schedule of Performance/Timeline" shall be substituted and superseded in its entirety as follows:

EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
Proposal Dated August 15, 2023
ATTACHMENT "C"

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND INTERWEST CONSUL TING GROUP THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 25th day of March 2020 by and between the City of Irwindale, a California municipal corporation ("City") and lnterwest Consulting Group ("Consultant"), 1500 S. Haven Avenue, Suite 220, Ontario, CA 91761. City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of lrwindale's Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULT ANT
1 .1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this - 1 -
Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant's Proposal.

The Scope of Service shall include the Consultant's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant 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. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until - 2 -
acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

1.7 Prevailing Wages.

Consultant is advised of the requirements of California Labor Code Section 1720 which provides: prevailing wage rates apply to "[construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority." It is the Parties' understanding that this Project shall not be required to pay prevailing wages pursuant to Sections 1770 - 1781 of the California Labor Code and 33423 - 33426 of the California Health and Safety Code. To this end, Consultant acknowledges and agrees that should any third party, including but not limited to the Director of the Department of Industrial Relations ("DIR"), require Consultant or any of its contractors or subcontractors to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the DIR under Prevailing Wage Law, then Consultant shall indemnify, defend, and hold City harmless from any such determinations, or actions (whether legal, equitable, or administrative in nature) or other proceedings, and shall assume all obligations and liabilities for the payment of such wages and for compliance with the provisions of the Prevailing Wage Law. The City make no representation that any work completed by Consultant is or is not subject to Prevailing Wage Law.

1.8 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work - 3 -
done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed TWO HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($214,860.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall -4-
detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty ( 180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the - 5 -
judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Paul Junker
(Name)
Nick Pergakes, AICP
(Name)
Planning Services Group Leader
(Title)
Project Manager
(Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or - 6 -
agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.

Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. - 7 -
ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Required Insurance Policies.

Without limiting Consultant's indemnification of the City and prior to commencement of services, Consultant shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement.
(d) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).

5.2 Other Provisions or Requirements.
(a) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required in section 5.1, and for purposes of Workers' Compensation Insurance Consultant shall submit a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Consultant be a sole proprietor, the Consultant shall complete and submit a declaration of sole proprietors form to the City in lieu of proof of Workers' Compensation as it not required for sole proprietors. The insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance of services.

U) Additional Insured Status. General liability and automobile policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved by the City in writing.
(I) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services, which are the subject of this Agreement, who is brought onto or involved in these services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review.
(n) City's Right to Revise Specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
(o) Deductibles/ Self-insured Retentions. Any deductibles and selfinsured retentions must be declared to and approved by City. At the option of the City , either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's - 10 -
performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Performance Bond.

Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.4 Indemnification.
(a) Indemnity for Professional Liability. Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs where the same arise out of, are a consequence of, or are in any way attributable to whole or in part by, any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnity for Other .than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this - 11 -
Agreement and enable the Contract Officer to evaluate the performance of such services.

Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed, pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made - 12 -
for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed 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 Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. - 13 -
7 .2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7 .3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. 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. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly de'dared 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 - 14 -
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.

7.6 Legal Action.

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. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7 .3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7 .8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant 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 City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys' 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 - 15 -
in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City 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 affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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.

8.3 Covenant Against Discrimination.

Consultant 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, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant 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, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.
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Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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 City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N. Irwindale Avenue, Irwindale, California 91706 and in the case of the Consultant, to the person(s) 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.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. 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. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
- 17 -

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections 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 phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby d·eclared 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.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials ---

9. 7 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. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
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ATTEST:

Laura M. Nieto, MMC
Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Fred Galante, City Attorney
CITY:

CITY OF IRWINDALE, a municipal
corporation
Albert F. Ambriz, Mayor
CONSULTANT:
lnterwest Consulting Group
15140 Transistor Lane
Huntington Beach, CA 92649
By: ___________ _
Name: James M. Ross
Title: Public Works Group Leader
By: ____________ _
Name:

Title:

Address:

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
- 19 -

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--

STATE OF CALIFORNIA

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
EXHIBIT "A"

SCOPE OF SERVICES
Proposal Dated February 3, 2020
Scope of Work
Below is our proposed scope of services to be completed by the Interwest team for the Irwindale Zoning Ordinance Update. We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses to meet the City's needs and would be happy to work with you to do so in order to ensure the successful completion of the project.

Phase 1 I Project Initiation
I. I Project Kickoff Meeting with City Staff
The Interwest team will meet with City staff to review the draft scope of work for the Zoning Ordinance Update. We will review the general goals for the Zoning Ordinance Update, project schedule, work products, and meetings. For this meeting, we will prepare a detailed schedule with milestones leading to the adoption oft!ieupdate<iZ()ajng()rdina11ce. . ...... ·-··---·- _ Deliverables: Kickoff Meeting Agenda, Project Schedule, and Meeting Notes Summary (electronic+ hard copies) ----------- ----------------

1.2 Public Participation Plan
Interwest will prepare a memorandum to City staff formalizing the public paiiicipation plan for the Zoning Ordinance Update. Our scope of work currently assumes the following meetings with Planning Conunission members, stakeholders, and the public:Zoning Study Sessions ( 4) u Stakeholder Interview Meetings
,, Community Outreach Meetings (2)
Zoning Ordinance Adoption Hearings (3)
In addition to meetings with stakeholders and residents, Interwest will prepare information for the City to post on its website. This will include the project scope and schedule, upcoming public participation opportunities, and completed products. There will also be a link to a list-serve sign-up so community members can be notified about upcoming public meetings and new draft products available for review. i>~1;~~r~/Ji~:I'-11~~~!~~~ii;~i~~1li~;;~~;;;-~z;1~~b:;~;~~;P;,) •.. • • :~ ·:::=:i

1.3 Zoning Study Session I: Meet with City Staff and Planning Commission The Interwest team will facilitate a study session with City staff and Planning Commission members to review the existing zoning ordinance, subdivision regulations, and commercial and industrial design guidelines. Wewill also solicit comments on issues to be addressed in the updated z;oning Ordinance. ··jj~/i~er~/Ji~;:-Planning Commissi;~p;;;~(~~:i:~f;~~~J~~)~'·M~;ti~gAge;~d~,-and M;etl~gS~~~Y1 -----------------------------------.. ------------------------------------------------------------------------------------""'" -·------ "-----------------------~

1.4 Stakeholder Interviews
Interwest will interview key stakeholders associated wiili the land development process. Interviews will focus on strengths and weaknesses of the current Zoning Ordinance and possible revisions and additions to the updated Zoning Ordinance. Stakeholders may include property owners, developers, local architects, neighborhood leaders, and other interested residents of Irwindale. We plan to conduct these interviews one-on-one and in smallgroups, beginningonthesall1edayas ZoningStudy Session Number 1.

Deliverable: Stakeholder Intervie'YQuestions a11~ Sta]<ehold(!rivfeeti11gsS11111111ary (electro11i<:copies) ·· 1 Phase 2 I Issues and Approach

2.1 Existing City Documents Review
Interwest will review the City's General Plan, the existing Zoning Ordinance, oilier applicable chapters of ilie Irwindale Municipal Code, development standards from other specific plans, the City's Commercial and Industrial Design Guidelines, and other City policy documents applicable to the Zoning Ordinance Update. As part of this task, we will prepare a summary matrix identifying General Plan policies and other items to be implemented in the Zoning Ordinance Update . .. ... . pe!iverab!e:§ull11llary:tvfatrix~eyie'Y()fExisti11gI'olicies(electronic copy).

2.2 State Law Assessment
Interwest will assess existing compliance of the existing Zoning Ordinance with state and federal law.

Based on this assessment, we will identify necessary changes to the Zoning Ordinance to comply with these laws. We will include the results ofiliis assessment in the Annotated Outline (Task 2.4). Some of the items to be included in ilie assessment are the following:
'' Housing development approvals per SB 35 Permit Streamlining Act " Density bonus law n Project review procedures including public hearings, '' Transitional and supportive housing noticing, and review schedules n Non·conforming multi·family dwellings n Signs (per recent U.S. Supreme Court Reed vs. Town "' Recent Accessory Dwelling Unit laws of Gilbert case) n Community care facilities "' Telecommunications facilities including small wireless n Family day care homes facilities (per FCC rules)
n Emergency shelters
Deliverable: State Law Assessrnent ll1ell1() (electronic copy) •....•.........•..•..........

2.3 Zoning Study Session 2: Issues and Alternatives
hlterwest will attend a meeting with City staff and Planning Commission members to discuss key issues for the Zoning Code Update and the preferred approach to address these issues. Topics to discuss may include the overall Code strncture, new land use classification systems, the introduction of new zoning disllicts, adding new regulations for ce1iain types of uses, modifying administrative procedures, and modifying development standards. We will also ask City staff to identify specific issues with the current zoning code that should be addressed - sections of the existing code that are ambiguous, incomplete or inconsistent. Within this discussion we will review "best practices" from oilier communities that could be introduced in Irwindale.

A Zoning Ordinance Evaluation memo identifying what was discussed in the study session and potential ideas and recommendations to address the issues in ilie existing zoning ordinance will be prepared.

L _____________________________ _ D __ elive_rable: Zoning Ev_alu"1ti()J1J\1e!11()Jelectronic copy) ---·· 1

2.4 Annotated Outline
Based on the outcome of the prior tasks, Interwest will prepare a detailed, annotated outline for the updated Zoning Ordinance. The outline will identify the structure of the Zoning Ordinance, revisions to the existing Zoning Ordinance, and new provisions to be added. During this stage, the project team will also produce a template example showing the layout and structure of the documents. This will be submitted for City review and comments. Interwest will ask that City staff carefully review and comment on the annotated outline to ensure 011r effortsalignyyith (;:itystaff s expectations.

Deliverable: Annotate_d_()utli11eI\1emo and Document template(elec:tro11icc;()py) Phase 3 I Administrative Draft Zoning Ordinance
After laying the groundwork for the updated Zoning Ordinance, we will roll up our sleeves and prepare draft sections for City staff review. This will be a collaborative effort between the City staff and the consultant team. It is important that staff at all levels !mows what changes are being proposed and where familiar sections may be moving. We also like staff to provide their suggestions on where elements of the code should reside and what additional regulatory guidance would be helpful to the public. Ultimately, the planner at the public counter will need to be able to explain some provision of the zoning code to a member of the public - it's important to us that infmmation is easy to find, easy to read, and easy to interpret. Interwest will maintain an ongoing list or matrix of changes to show what items will be revised, modified, or moved to another section of the Zoning Ordinance.

In addition to working with Planning Department staff, we encourage involvement from other departments, including Public Works, Building and Safety, and Recreation. These other departments are sometimes overlooked in planning efforts and they can provide valuable input on development standards.

We anticipate bi-weekly conference calls or in-person meetings with City staff to discuss detailed questions about the draft sections as we prepare them. With this approach, City staff will be involved with incremental decision making during the drafting process and will help produce draft sections that are consistent with the City's unique needs, goals, and expectations. We anticipate that the Zoning Ordinance will include the main components described below.

3. l Zoning Map and Districts
We have found it helpful to prepare a draft zoning map as an early item during a Zoning Ordinance Update.

Based on our experience working on zoning code updates, basic foundational GIS work would include setting up the base map template, reviewing the data, and highlighting parcels that are inconsistent with the General Plan. Secondary tasks would include drafting changes at the parcel level, providing review materials and mapping, delivery of final data, and an updated zoning map. Preparing the zoning map early provides adequate time to review the draft map, ensure its accuracy, and request revisions. Since the City has GIS staff capable of producing the updated zoning map in GIS, Interwest will work with staff directly to produce the map with the updated zoning designations.

Interwest will work with City staff to determine zoning designations that are needed to be consistent with and implement the City's General Plan. For example, the General Plan calls for new land use designations, such as open space/easements, regional commercial, public/institutional, and industrial/business paTk designations for which there are no corresponding zoning districts in the current code.

3.2 Land Use Regulations
For all zoning districts, we will review permitted, conditionally permitted, and prohibited uses with City staff and adjust accordingly. These land use regulations will employ up-to-date terminology reflecting recent changes in State law. To the extent possible, regulations will apply generally to land use categories rather than individual land uses. As part of this subtask, we will develop a preliminary list of uses requiring special standards and definitions for all land use categories. 3 .3 Development Standards
Interwest will prepare development standards for each zoning district. For ease of use, development standards will be shown in tables to the maximum extent possible, and diagrams and illustrations will be used to clarify more complex standards. Development standards will be informed by our team's expertise in urban design and development regulations. We will also review existing specific plans and plarmed developments, to identify standards that are working well and should be retained in the updated Zoning Code.

We anticipate that the most substantive changes will be made to encourage and facilitate different forms of manufacturing and office uses, including flex space. Existing residential development standards will also be reviewed and revised to encourage new housing types such as duplexes, townhouses, multi-family dwellings, etc. as determined appropriate for ltwindale and consistent with policies in the General Plan.

We will address how the new housing types will fit in and be compatible with the existing character of neighborhoods and districts. Objective multi-family design standards will be developed to meet recent SB 35 legislation and guidelines.
3 .4 Supplemental Standards and Regulations
Zoning codes need to address a multitude of issues beyond basic building regulations and site development standards. This includes provisions for topics such as signs, telecommunication facilities, parking lot design, tree preservation, accessory structures, temporary uses, and historic preservation. These provisions will also reflect recent changes in state and federal law. All supplemental standards will be clearly crossreferenced in the land use regulation tables. Regulations applicable to non-conforming uses and structures will be updated, as well as those that govern protection of historic resources. 3 .5 Administration and Enforcement Provisions
A key goal will be crafting an updated Zoning Ordinance that is easy to use for applicants, City staff, City officials, and the public. An important part of a user-friendly code is clear and concise permitting and administration provisions. Topics covered will include decision-making authorities (e.g. City Council, Planning Commission, Plarming Director, other planners), permit review and approval process, public heatings and noticing, appeals, and procedures. As a part of this task, Interwest will also review and provide input on the City's development application forms.

3.6 Graphics and Illustrations
An effective and user-friendly Zoning Ordinance needs to include graphics and illustrations that clarify the meaning and intent of the zoning standards and regulations. We will prepare graphics and illustrations to be inserted into the public review draft. The illustrations included in this proposal are an example of the types of rich graphical content that we will prepare for the ltwindale Zoning Ordinance.

3.7 Zoning Study Session 3: Special Topics
During the preparation of the draft Zoning Ordinance sections, questions will likely arise that warrant early public input. We have found it helpful to hold a session to discuss these questions prior to the completion of the draft Zoning Code. This will allow us to receive guidance and input on specific issues and to potentially diffuse controversy associated with these issues. Following this workshop, we will incorporate feedback into the preparation of the public review draft code. a) Deliverables:
'' Draft Zoning Districts Memo n Supplemental Standards and Regulations
n Draft Zoning District Regulations Administration and Enforcement Provisions
Task 4 I Public Review Draft Zoning Ordinance

4.1 Public Review Draft Ordinance
Fallowing the third study session, Interwest will prepare a revised draft zoning ordinance for public review and comment. The Public Review Draft Ordinance will be complete, including all illustrations and maps, and will be the basis for the project description of the enviromnental assessment. Rather than create a separate website, we recommend that the Draft Zoning Code be hosted on the City of Irwindale' s website.

This will encourage residents to visit the site for information and to download drafts.

Interwest will prepare a revised public draft Zoning Ordinance addressing comments from all public outreach events. This will be posted on the website for public review prior to the adoption meetings.

4.2 Community Outreach Meetings
Interwest will facilitate two community outreach meetings to review changes introduced by the updated Zoning Ordinance. At these meetings, we will review the Zoning Ordinance fmmat, new regulations and development incentives, and proposed land use processes. Inte1west will also clarify how new zoning regulations change existing zoning distdcts and explain the factors that shaped the changes and the alternative strategies considered in their development.

4.3 Environmental Review
The focus of this effort is to update the Zoning Code to reflect the existing City of Irwindale General Plan.

The General Plan was adopted with certification of an environmental impact report (EIR) in December 2006. (SCH# 2005071047) The General Plan evaluated in the EIR contained several policies regarding review and revision of the zoning code to implement the General Plan. Provided that the proposed Zoning Code revisions are consistent with the General Plan, we recommend preparation of an Addendmn pursuant to CEQA Guidelines § 15164. Because land uses evaluated in the General Plan EIR will not change significantly, we do not believe that the update of the Zoning Code would create new significant impacts that are not already evaluated in the EIR. The use of an Addendum builds on the investment in the General Plan made by the City, and significantly shortens the time period for consideration of the project. Finally, provided that the City's decision to use an Addendmn for this project is supported with substantial evidence on the record, the decision enjoys the same level of legal protection as the General Plan EIR if challenged.

Place Works will prepare an Administrative Draft Addendum following a format discussed during the kickoff meeting. Our default format for an Addendum follows the findings in § 15162 rather than using an initial study. If a fonnal initial study is requested, we will need to increase the budget and scope accordingly. All impacts identified in the General Plan EIR will be reviewed in the context of the proposed changes. One administrative draft will be provided for review. The final draft of the Addendum will be used to support the CEQA detennination during the hearing(s) for the proposed project.

Assumptions for Preparing the EIR Addendum:
• No distribution of the document
• Filing fees to be paid by the City
• No technical studies will be prepared (i.e. traffic, air quality, greenhouse gas analysis, noise) • Electronic copy of the General Plan EIR is available for review and use by the consultant team a) Deliverables:

Public Review Zoning Ordinance (5 hard copies and electronic version) u Final Public Review Zoning Ordinance (5 hard copies and electronic version) u Administrative Draft Addendum (5 hard copies and electronic version) " Final Draft Addendum (5 hard copies and electronic version) Phase 5 I Zoning Ordinance Adoption
5 .1 Final Draft Zoning Ordinance Based on the comments received on the Public Review Draft Zoning Ordinance, Interwest will prepare a Revised Public Review Draft Zoning Ordinance for review and adoption by the Planning Commission and City Council. Upon adoption of the Final Zoning Ordinance Update and updated Zoning Map by the City Council, the consultant will prepare a final adopted version with tbe date of adoption prominently displayed on the front cover and throughout the document to distinguish it as the official document from other versions. 5 .2 Zoning Study Session 4
Interwest will facilitate a fourth study session with City staff and Planning Commission members to receive feedback on the Final Draft Zoning Ordinance. We will revise the sections as needed to address comments before attending the adoption hearings.

5.3 Adoption Hearings
Interwest will attend one meeting with the Planning Commission and up to two City Council hearings for adoption of the Zoning Ordinance Update. Following Planning Commission and City Council hearings, Interwest will incorporate all final changes as directed by the City Council and this document will be the final and adopted Zoning Ordinance.

I
1 b) Deliverables: I 1
I
Adopted Zoning Ordinance (10 bound copies, one electronic copy in Microsoft Word format and one PDF Public Hearing Materials - including Final Draft Zoning Map and Zoning Ordinance coov)
Optional Tasks
The City ofirwindale has asked for two optional tasks that are in addition to the Zoning Ordinance Update.

Below is our response for these optional tasks.

Option 1: Commercial and Industrial Design Guidelines Update Interwest will prepare highly illustrative design guidelines implementing Irwindale's design objectives for commercial and industrial development. The guidelines will convey to the reader Irwindale's expectations for high quality development that helps realize the vision for the City of Irwindale and strengthens the character of the community. Design guidelines will also address the public realm, including streetscapes and amenities to contribute to enhancing the character and identity of the City, including signage, lighting, landscaping, parking, streetscapes, and open space/public areas.

The updated design guidelines will include photos and graphics highlighting examples of vernacular commercial architecture and recent high-quality built development projects in the San Gabriel Valley region. Photo images, diagrams, or illustrative drawings will be incorporated throughout the document to explain desired architectural elements and features.
c) Deliverables: I '.] Review draft design guidelines document (5 hard copies and electronic copy) I " Final design guidelines document (5 hard copies and electronic copy) L ______ .... ---~·-----------·-·"·~--- Option 2: Subdivision Ordinance Update Interwest will review the existing Subdivision Ordinance and assess what sections will need to be modified or completely updated to meet state law and be consistent with the updated Zoning Ordinance. This includes at a minimum the following:
'' Development application requirements and consistency with current City practices " Review standards such as minimum lot sizes and widths, and ensure consistency with the Zoning Ordinance " Subdivision procedures and consistency with current City practices "' Lot size requirements, such as residential lots to be sized similar to neighboring lots "' Findings for denial
n Fee requirements
" Adequacy of vesting tentative map provisions
An assessment report will be prepared outlining our findings and recommendations for updating the Subdivision Ordinance. Interwest will meet with City staff to discuss issues with the existing Subdivision Ordinance and provide recommended revisions during the Study Session #2. Interwest will prepare administrative draft subdivision regulations for review and comments by City staff in Study Session #3.

Once comments are received, Interwest will prepare a final draft of the Subdivision Ordinance for d) Deliverables:
'' Subdivision Ordinance Assessment (electronic copy)
,., Review Draft Subdivision Ordinance sections (5 hard copies and electronic copy) EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
THERE ARE NO SPECIAL REQUIREMENTS FOR THIS CONTRACT.
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EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
Proposal Dated February 3, 2020
1:21City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: September 13, 2023
Cityo/

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A Miranda, City Manager
CC Item 12
Issue: Request to Approve a Professional Contract Services Agreement with Kimley-Horn and Associates, Inc for the preparation of CEQA documents for the construction of a ±102,400 square foot speculative industrial building with associated standard and trailer parking for the property located at 14005 Live Oak Ave (APN: 8535-001-033).

City Manager's Recommendation:
1) That the City Council approve the attached contract with Kimley-Horn and Associates, Inc. for the preparation of an Initial Study with a Mitigated Negative Declaration and/or an Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 14005 Live Oak Ave, Irwindale, CA 91706.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development
Director
(626) 430-2209
Prepared by:

Lisa Chou, AICP, Associate Planner
Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A Miranda, City Manager

Page 1 ends

BACKGROUND
Rexford Industrial - 14005 Live Oak, LLC., the Applicant, submitted a request for the construction of a ±102,400 square foot speculative industrial building with associated parking for property located at 14005 Live Oak Ave (APN: 8535-001-033), in the M-2 (Heavy Manufacturing) zone (Project). The application includes a request for a Site Plan and Design Review (DA) and the environmental analysis, which is required under the California Environmental Quality Act (CEQA) for land use entitlements.

After soliciting proposals through a Request for Proposals process, Planning Staff reviewed thirteen (13) proposals from consulting firms, interviewed seven of the consulting firms, and is now recommending the retention of Kimley-Horn and Associates, Inc. to complete the CEQA work necessary to obtain entitlements for this Project. The Contract Services Agreement with Kimley-Horn and Associates, Inc. is for an amount not to exceed $126,671.00, and is attached with this report. The Initial Study conducted by Kimley-Horn and Associates, Inc. will determine the type of CEQA document to be prepared (Initial Study with a Mitigated Negative Declaration or Environmental Impact Report).

The Reimbursement Agreement requires a deposit account wherein Applicant will make deposits of amounts to cover all costs and expenses of work done by Kimley-Horn and Associates, any other consultant retained for the Project, and the City Attorney's office for work related to the land use entitlements.

ATTACHMENTS
A. Agreement for Contract Services with Kimley-Horn and Associates, Inc. (including cost proposal)

Page 2 ends

ATTACHMENT "A"

AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND Kimley-Horn and Associates, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 13th day of September 2023, by and between the City of Irwindale, a California municipal corporation ("City"), and Kimley-Horn and Associates, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services pertaining to California Environmental Quality Act (CEQA) for land use entitlements defined and described in Exhibit 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described in Exhibit 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the Section 607 of the City of lrwindale's Municipal Code, City has authority to enter into and execute this Agreement.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

1.2 Consultant's Proposal.

1.3 Compliance with Law.

1.4 Licenses, Permits, Fees and Assessments.

1.5 Familiarity with Work.

1.6 Care of Work.

1.7 Prevailing Wages.

Consultant is advised of the requirements of California Labor Code Section 1720 which provides: prevailing wage rates apply to "[c]onstruction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority." It is the Parties' understanding that this Project shall not be required to pay prevailing wages pursuant to Sections 1770 - 1781 of the California Labor Code and 33423 - 33426 of the California Health and Safety Code. To this end, Consultant acknowledges and agrees that should any third party, including but not limited to the Director of the Department of Industrial Relations ("DIR"), require Consultant or any of its contractors or subcontractors to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the DIR under Prevailing Wage Law, then Consultant shall indemnify, defend, and hold City harmless from any such determinations, or actions (whether legal, equitable, or administrative in nature) or other proceedings, and shall assume all obligations and liabilities for the payment of such wages and for compliance with the provisions of the Prevailing Wage Law. The City makes no representation that any work completed by Consultant is or is not subject to Prevailing Wage Law.

1.8 Further Responsibilities of Parties.

1.9 Additional Services.

1.10 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ONE HUNDRED AND TWENTYSIX THOUSAND AND SIX HUNDRED AND SEVENTY-ONE DOLLARS ($126,671.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section

1.9. 2.2 Method of Compensation.

2.3 Reimbursable Expenses.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, -4-
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend - 5 -
the time for performing the services forthe period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

Jean Fares Sr. Vice President
(Name) (Title)
Shahrzad Ranta Vice President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is - 6 -
otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

4.4 Independent Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

5.1 Required Insurance Policies.

Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
- 8 -
(b) Duration of Coverage. Consultant shall procure and maintain each of the insurance policies required in Section 5.1 for the duration of the Agreement, and any extension thereof.
(c) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall be excess to the Consultant's insurance and shall not contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City's Rights of Enforcement. In the event 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 withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees 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. (g) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available - 9 -
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
0) Additional Insured Status. General liability and automobile policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved by the City in writing.
(I) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services, which are the subject of this Agreement, who is brought onto or involved in these services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review.
(n) City's Right to Revise Specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

5.3 Performance Bond.

5.4 Indemnification.
(a) Indemnity for Professional Liability. Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs where the same arise out of, are a consequence of, or are in any way attributable to whole or in part by, any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnity for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California.

7.3 Retention of Funds.

7.4 Waiver.

7.5 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 - 14 -
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.

7.6 Legal Action.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

7.9 Attorneys' Fees.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

No officer or employee of the City 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 affects her/his financial interest or the financial interest .of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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.

8.3 Covenant Against Discrimination.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

9.2 Interpretation.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections 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 phrases, sentences, clauses, paragraphs, or sections 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.

9.6 Warranty & Representation of Non-Collusion.

Consultant's Authorized Initials ---

9.7 Corporate Authority.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:
- 18 -
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
CONSULTANT:

Kimley-Horn and Associates, INC., a
California corporation
By: _____________ _
Name:

Title:

Address:

Jean Fares
Sr. Vice President
660 S. Figueroa St.

Ste. 2050,
Los Angeles, CA 90017
By: _____________ _
Name:

Title:

Address:

Shahrzad Ranta
Vice President
660 S. Figueroa St.

Ste. 2050,
Los Angeles, CA 90017
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
- 19 -

STATE OF CALIFORNIA

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
- 20 -

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing 1his certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA
COUNTY OF~~~~~~-
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS rny hand and official seal.

Signature: _______________ _

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D

TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER~~~~~~~~~~-
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
- 21 -
EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform CEQA work and prepare CEQA documents necessary to obtain entitlements for the construction of an ±102,400 squarefoot speculative concrete tilt-up building on an approximately 5.12 acre project site located at 14005 Live Oak Lane (APN: 8535-001-033) ("Project"), including, but not limited to, the following (herein after referred to collectively as "Services"):
- 22 -
Proposcl for the
14005 Live Oak Avenue Project
Environmental Assessment
Subconsultant
BCR Consulting LLC.
·0::i BCR Consulting LLC (BCR Consulting) Is made up of a highly qualified ~~ BCRCONSULTING LLC team of profess!onals that provide a.iltural resource compl!ance services for publicly and privately funded projects pursuant to the California Environmental Quality llct (CEQA), Section 106 of the National Historic Preservation Act {NHPA), Mlress:
505 llf1st 81// Sime/,
ClaremM/,CA91711
and the National Environmental Polley Act (NEPA). BCR consulting clients are accustomed to receiving excellent results ahead of schedule and within budget Hmits. Fields of specialization are detailed below and include Arcilaeolc:YJY (both prehistoric and historic), Historic Preservation (History and Archltllcl!Jral History), Paleontology, and Geographic lnlDrmation Systems (GIS). BCR C-Onsulllng Is based In Claremont, Calllomla, with offices In Napa, Tehachapi, ard san Diego, California. This allo\IJs us to expedite projects throughout the entire state at extremely competitive rates.
c. Scope of Work
Our pro~sed scope of services has been prepared In accordance with the requirements of CEQA. Based on the Information lnduded In the Request for Propasal (RFP), Kimley-Horn will prepare an In Ilia! Study/Mitigated Negative Declaration (!Sr'MNO), The CEQA Lead /l{lency Is Identified as the CIW
If the findings of any tedlnlcal studies Identify ~tentla!ly slgn!flcant Impacts, then the l&'MND may not be applicable. If the lechn!cal studies determine that the Project may have significant and unavoidable impacts, an EIR would likely be the appropr!ale CEOA doOJrnentation.

AH dellverables will be transmitted electronically unless otherwise noted.

Phase I: Project Initiation and Kick-off Meeting
Task 1 -Project Kick-Off Meeting
Two Klm!ey-Hom staff will partlclpate In the kick-off meeting with City staff ard the Applicant, If necessary, to confirm the approach to the project; the scope of services for the project; communication protocol, and the administrative record. The meeting discussion would Include any known Issues related to the project, and agency and community issues that need to be considered through the process, as well as potential streamlinirYJ provisions that may be appropriate.

Task 1 Deliverable
• Participation in Kick-Off Meeting
Task 2 ~Data Review and Site Reconnaissance
Based on the RFP, the Clty wHI provkle \he follow!ng Applicant-prepared tectinlcal studies: prellmlnary drainage report, geotechn!cal exploration report, and a !ow Impact development (LID) report. Klm!ey-Hom will conduct a site reconnaissance and will review available project materials, as well as policy documentation for the City and any other applicable agencies. Kimley-Hom w!U assess whether available informaoon !s adequate and complete. Follm'1ing the meeting and review of the most recent project plans and related information, Klm!ey-Hom wm prepare a data neoos memorandum listing additional Information and assumptions that may be required to support oompletion of the CEQA process. Examples of data to be confirmed include proposed sustainability features (I.e., LEED certification), construcHon schedule, construction equipment and phasing, demolition and excavation volumes, narratives concerning architectural and landscape designs, and various details conoomlng operation of the project. Klmley-Horn assumes that responses to most of our data needs will be provided within approximately 1\110 weeks of receipt of our request, In a coo so Iida led fOrmat, and that a prolonged iterative process to obtain the lnformatloo needed to complete the process will not be required. The City w!!I be no!lfled If additional lnfonnatlon ts needed.

Klmley-Hom will provkla Illa CIW wllll a draft pr~act description for the project. 13 City of Irwindale EV0f96001.2023
- 23 -
Proposal for the
14005 Live Oak Avenue Project
Environmental Assessment
Task 2 Dellverables
• Review of preliminary drainage report, geotechn!ca! exploration report, and a low Impact development {UD} report • Identification of data needs
• Draft project description
Task 3 - Technical Analyses
Klmley-Hom assumes standalone technlcal studies will be prepared to determine the appropriate path for CEQA dearance. For the purpose of developing a scope and fee, Kimley-Horn assumed the project's Impacts would qualify for an IS/MND, and that results of the tedmical analyses will be summarized within the ISfMND. Based on the RFP, the Appl!cantwil! provide a preliminary drainage report, geotechnlca! exploration report, and a low impact development (LID) report. We assume one round of review for those reports to ensure that the analyses provided will be accurate and adequate to complete the ISfMND.

Air Quality Assessment
The air quality assessment will be prepared !n accordance with 1he criteria, standards, and provisions of the California Environmental Qual!ty Act {CEQA} and will respond to the applicable checklist items wl1hln Appendix G of the CEQA Guidelines. The assessment of air quality emissions will be conducted In accordance with the South Coast Air Quality Management District's {SCAQMD's) recommended methodologies. • Constructlon Emissions, Klmley-Horn wm calculate construction emissions using the latest version of the California Emissions Estimator Model (CalEEMod). Emissions wm be calculated based on the scope of the project, assumptions regarding construction equipment and scheduling, and associated vehicle trips. The air pollutant emissions during construction will be compared to the SCAQMD regional thresholds of signlftcanD3.
• Operatlonal Emissions. Klm!ey-Horn w!!I quantify emissions associated with the existing conditions as well as operations of the proposed project {i.e., area, energy, and mobile source) related to area sources and local/regional vehicle miles traveled. The project's net change In emlsslons will be compared to the SCAQMD thresholds of slgnlflcance. Mitigation will be Identified as necessary.
• Localized lmpaclB. Localized Impacts will be analyzed based upon lhe SCAQMD's Localized Significance Thresholds (LSD methodology.
• Plan Consistency. Consistency of the project's reg tonal emissions will be evaluated against the SCAQMD's 2016 Air Quality Management Plan {AQMP). The determination of AQMP consistency Is primarily cxmcerned with the long-term !nfluence of a project on air quality In Iha South Coast Air Basin. Klmley Horn will evaluate the project's ina-ease In population and vehicle ml!es traveled In comparison with regional growth trends, per SCAQMD guk:lance.

K!mley-Hom assumes that the Applicant or City wl!I provide site plans, proposed grading plans, detailed oonstruction phasing and grading/excavation/paving quantities, and Information related to potentlal Project Design Features. It should be noted that a health risk assessment !s excluded from this scope of services.

Health Risk Assessment
The project !s an Industrial use and therefore anticipated to be a source of TACs. Based on a desktop review, the closest sensitive uses include residences located approximately 40 feet from the project site. Therefore, a quantitative Health Risk Assessment {HRA) is recommended. The quantitative Impact analysis will evaluate risk from project construction and operations (truck exhaust, on-site mobile equipment, and stationary sources) within 1,000 feet of existing sensitive receptors. Steps to complete the HRA Involves the following:
• Constructlon Modeling. Construction diesel particular matter (DPi\11) emissions rates will be derived from on- and off-road emissions quantified in the Air Quality Assessment. Construction pollutant concentrations will be projected at the nearest sensitive receptors using the U.S. EPA AERMOD dispersion modeling software. • Operatlona! Modeling. Operational DPM sources during operations wUI be quantlfted based on CARB's emissions factors and anticipated truck activity. DPM emissions will be based on the truck trip percentages and dally trip rates and fleet mix from the transportation analysis. Operatlonal pollutant concentrations will be projected at the nearest sensitive receptors using the U.S. EPA AERMOD dispersion modeling software.

The modeled concentrations will be used to determine the Increase In cancer risk, as well as the chronic and arute heal!h Impacts due to DPM exposure. The Increased cancer risk and health hazard will be calculated following the methodology In the California Environmental City of llwlndale EVOF96001.2023
- 24 -
14 Propoool for the
14005 Live Oak Avenue Project
Environmental Assessment
Protection Agency's Office of Environmental Health Hazard Assessment {OEHHA) Air Toxics Hot Spots Program Risk Assessment Guidelines - The Air Toxics Hot Spot Program Guidance Manual for Preparation of Health Risk Assessment.

The assessment will present background information on DPM and Its health risks, the assumptions used for the mcx:lellng and modeling methodology and the results of the analysls.

Greenhouse Gas Emissions Analysis
The analysis will evaluate the project's potential contribution to a.imu!alive impacts environmental effects of climate dlange and whether the project would affect the State's ab!llty to achieve established greenhouse gas (GHG) reduction goals. The analysis w!!I discuss the potential globa! climate change impacts, 1he effects of GHG emissions, and GHG emissions regulations In California. The significance of GHG impacts will be determined In comparison to applicable significance thresholds. • GHG Emissions auantlflcatlon. Land use data wlll be reviewed and an Inventory of GHG emissions (Le., nitrous oxide, methane, and carbon dioxide} from both direct Q.e., area and mobile sources} and Indirect sources (I.e., energy/water consumption and wastewater/solid waste generation) will be prepared. Total GHG emissions from construction activities wlll be amortized Into the GHG emissions inventory. CalEEMod will be used to quantify GHG emissions. • Emissions Assessment and GHG Plan Consistency. The net change In project-related GHG emissions will be assessed against SCAQMO draft project-level thresholds and consistency with applicable GHG reduction plans including applicable Clty policies, and other applicable reg!onaVstatewide GHG emissions reduction strategies such as the CARS Scoping Plan and the Regional Transportation P!an/SUstainable Community Strategy for the Southern California Association of Governments region . .Applicable mitigation will ba Identified.

Noise and Vibration Memorandum
Kimley-Hom w!ll prepare a noise and vibration analysis for the proposed project. The noise memorandum will quantify both construction and operational noise and vibration levels.

The following outlines our approach:
• Existing Conditions and Regulatory Setting. Noise standards regulating noise impacts w111 be discussed for land uses on and adjacent to the project site. Klmley-Hom will conduct a site visit throughout the project site and short-term ~.e. ten minute) noise level measurements will be taken a!ong the project area. The noise monitoring surveywlll be conducted at up to four separate locations to establish baseline noise levels !n 1he project area. • Construction Noise. Noise Impacts from construction sources will be analyzed based on the antlclpated 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 (L,,,a,) 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 !n the vicinity of the project in excess of applicable standards. No on-slte noise measurements are Included In this scope of services. • Vibration. AA analysis of construction and operational vibration Impacts will be based on the Ff A's vibration analys!s guidance.

Analysis requirements will ba based on the sensitivity of the area, specific construction and operational activities, and Noise Ordinance specifications. The analysis will examine whether the pro)oct would generate excessive ground borne vibration. • Operational Noise. On-site noise impacts will be assessed against the City's Land Use Compatibility table in the General Plan and the Municipal Code. Stationary noise sources wlll be quantitatively assessed. on- and off-site noise Impacts from vehlrular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-1 OB). The 24-hour weighted Community Noise Equivalent Levels (CNEL} wlll be presented !n a tabular format. On-sfte noise generating activities will also be addressed and analyzed for potential impacts to the adjacent uses. Mitigation measures w!ll be Identified, If necessary.

Transportation
Kimley-Horn will document existing traffic conditions in the Project vicinity, including site access points, surrounding street system and traffic control, and surrounding land uses. Develop prelimlnary trip generation estimates for the proposed Project, using the Institute of Transportatlon Engineers (rfE) Trip Generation Manual (11th Edition). If applicable, calrulate the net increase In trip generation with credit for existing uses.
15 City of Irwindale EVOF960012023
- 25 -
Proposal for the
14005 Live Oak Avenue Project
Environmental Assessment
Klmley-Hom would obtain morning (7-9 am) and evening (4-6 pm) peak period traffic count data at up to 4 Intersections Including project driveways and daily counts at up to 2 roadway segments, • Conduct Level of Service (LOS) at up to 4 Intersections for the follow Ing scenarios:
a Existing
a Opening year without project
a Opening year with project
a Horizon year without project
a Horizon year w1th project
The Traffic Analysls would provide a qua!itatlve VMT screening assessment based on the preliminary land use plan. ldenUfy rx>tential operational Impacts, Improvements, estimated Develapment Impact Fees (D!F) and potential fair share costs, at study intersections. The Traffic Analysis would summarize the results of the traffic data in a report.

Cultural Resources
BCR Consulting will prepare a Cultural Resources Assessment for the Project. The Cultural Resources Assessment will Include records search for cultural resources (archaeological and hlstorlraQ through the South Central Coastal Information center (SCCIC) at Gallfornla 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 (including historic districts). BCA Consulting Initiate a paleontolog!cal oveiview for the project with the Los Angeles County Natural History Museum for the project. SCA Con suiting will contact the Native American Heritage Commission {NAHC} to request a Sacred Lands File (SLF} Search. Kimley-Hom will perform Assembly B!ll (AB) 52 Consultation with the appropriate tribes with City coordination. If requested to participate, BCR Consul ting wlll be available to discuss any tr!bal concerns during one conference call. A cultural resources report will be produced consistent with CEQA re::iuirements, In a format acceptable to the City. The report will Include the appropriate Department of Park and Recreation (DPR) 523 site forms. Klmley-Hom wlll review, summarize, and Incorporate the Cultural Resources Assessment Into the CEQA document.

Water Quality
Kim!ey-Hom assumes that the water quality discussion w!ll provide an evaluation of the hydrology and water quality criteria In the CEQA Guldellnes Appendix G (Environmental Checklist Form). Kimley-Horn will rely on the Applicant-provided LID report and drainage concept plan for addltlonal Information. If technical Information regarding water quality Is needed, beyond reliance on regulatory requirements, the City's Public Works Department will provide the necessary input.

Hazardous Materials
Regarding the potential for on-site hazardous materials, the State Water Board's Geo Tracker database and the Department of Toxic SUbstances Control EnvlroStor database do not show any open hazardous waste sites for the Project S!te. Md!tlona!ly, a Phase 1 and 2 were prepared for the Project site In January 2022. The Phase 1 and Phase 2 will be reviewed, summarized, and included In the ISMNO if found to be sufficient. Therefore, the Project would not be located on sites being affected by hazardous wastes or on-going clean-up programs.

Phase II: Preparation of CEQA Documentation (IS/MND)
Task 4 - Prepare Screencheck Draft IS/MND
The Screencheck Draft IS'MND will Include the project title; lead agency name and address; contact person and phone number; project locatlon; project appllcant's name and address; genera! plan designation; description of the project; description of surrounding land uses and setting; other public agencies whose approval is required; environmental factors potentially affected; an !S'MND determination; the CEQA Env!ronmental Checklist, lnclud!ng a deta!led discussion of Issues raised In the check1!st (as we!! as the identification of mitigation measures, where applicable, to Jessen project-related Impacts); and references. It will also contain appropriate graphics, includlng regional and local vicinity maps and project graphics.

All environmental topics Identified In Appendix G of the CEQA Gulde lines will be addressed In the ISIMND. For an non-technical areas that do not require an Applicant-prepared tedmlcal sh.Jdy from Phase 1, Task 2 above (e.g., land use and planning or p'.}plllatlon and housing), Kim!ey-Horn w!ll use data and Information that Is readily available. Klmley-Horn assumes that the C!ty will lead the Assembly Bill (AB) 52 Tribal 16 City of Irwindale EVOF96001.2023
- 26 -
Proposal for the
14005 Live Oak Avenue Project
Environmental Assessment
Cultural Resources consultation effort. Klmley-Horn will submit an elecb·onlc version (bolh MS Word and Adobe PDF) of the Screendleck Draft lsrMND to the City for review and comment.

Task 4 Oe!lverables
• Screenched< Draft IS/MND
Tasks - Prepare Proofcheck and Public Review IS/MND
Klmley-Horn w!ll address one round of consolidated oonments provlded by the City on the Screencheck Draft ISIMND. Klmley-Hom w!U make necessary changes and submit a Proof check IS/MND for final review and approval by the City. Final comments and revisions are ant!clpa!Ed to be minor. K!m!ey-Hom wi!l lncorporate comments and prepare a final IS/MND for public review.

Task5 Deliverables
1 • Proofcheck !St'MND
• Public Review IS/Mt\U (3 hard copies arKl 1 electronic copy) • Web-ready ISt'MND files
Task 6 -Prepare Notice of Intent and Notice of Completion Klmley-Hom will prepare a Notice of Intent {NOi} for the ISJMND for the City and fOr sutxnlttal to the County Clerk. We will prepare the Notice of Complelon (NOC) and summary Form for the State Clearinghouse. Dur team will assist the City with upkladlng the NOi, IS/MNO, NOC, and summary Form to the State Clearinghouse via CEOANet. Kimley-Horn assumes the City wl!I provkle the NOi to any interested parties and agencies.

Task 6 Dellverab~s
• NOi
• NOC and summary Form for the State Clearinghouse
Task 7 -Responses to Comments, Final IS/MND, and Mitigation Monitoring and Reporting Program
Following the conclusion of the public review period, Klmley-Hom will assist the City In preparing res~nses to any comments that may be received on lhe !St'MND. It is assumed that City will compile and transmit to Klmley-Horn all comments received on !he !S'MND throughout the public review period as one unified set of comments following the close of the pub lie review per kid. Kimley-Horn assumes up to 18 hours of responses to comments. Our team will oonfer with the City to review comments on the ISt'MND, including comments from public meetings, to develop a general strategy for preparation of responses. The Final lSIMND will Include the revisions, as necessary to rettect responses to comments, and a mltlgatlon monitoring and reporting program (MMRP), as necessary.

Task 7 Deliverables
• Responses to comments on the 18/MND
• Final ISIMNO (3 hard oopies and 1 electronic copy)
• Web-ready IS/MNO files
• MMRP
Task 8 - Prepare Findings
Klm1ey-Horn will prepare the Findings of Facts for each potentially significant Impact ldenll11ed In the ISr'MNO. We will coordinate with the City to determine the appropriate format and will Include all of the necessary sections In the Findings. One of three flndings must be made for each significant effect and must be supported by substantial evidence in the record, as Ji.Jrther articulated in CEQA Guidelines Section 15091.

Kim!ey-Horn will submit a draft of the Findings to the C!ty for review. Klmley-Hom will revise the Findings based on one set of consolidated comments and will submit the final version to the City.

Task B Deliverables
• Draft Rndings of Facts
• Final Flndlngs of Facts
17 City Of hwlndale EVOF96001.2023
- 27 -
Propos"I for the
14005 Live Oak Avenue Project
Environmental Assessment
Task 9 -Public Hearings and Notice of Determination
Heidi Rous and one additional staff member will attend up to 1hree public hearings (up to two hours each hearif'IJ) during which approval of the Project would be considered. It Is assumed that City will coordinate and facilitate the meetings and that presentation materials describing or Illustrating !he project will be provided jointly by Kimley-Horn and the City. Kimley-Hom will be available to answer questions concerning the CEQA process.

Following the hearings and project approval, Kimley-Hom will prepare and promp~y file the Notice of Determination {NOD) with the County Clerk If the MND Is adopted by the City. Pursuant to CEOA Guidelines section 150775, the NOD wil! be filed within five working days after approval of the Project. Klmley-Hom will post the NOD with the County C!erk and w!H pay the requisite filing fees of $2,698.00 ($2,623.00 for the California Deparlm811t of Fish and Wildlife Fee (CDFW) for an MND and $75 County Clerk Processing Fee) as of January 1, 2022. KimleyHorn will upload the NOD, once recorded by the County Clerk, to the State Clearinghouse Via CEQANet.

Task 9 DeUverables
Participation in three public hearings
• NOD
• Payment of the required $2,698.00 CDFW filing fee and County C!erk postlng fee Submittal of the NOO ro CEQ/lNet
Task 10 ~Project Management and Meetings
Heidi wlll serve as the project manager responsible for supervision of the Klmley-Horn team and rev!e\11 the documentation compliance wl"1 CEQA requirements and guk:lel!nes and City CEQA procedures. Project management respons!b!HUes !nc!ude task scheduling and assignment, contract administration and accounting, and coordination and communications with !he City. Heidi will maintain email communications with the City to confirm compliance with the scope of servloos, bUdget, and schedule, and to disseminate project lnfonnation In a timely manner.

Associated with the preparation of the IS'MNO, our scope of services assumes up to six meetings (lnc!uslve of the k!d<.-off meeting ln Task i).

Participation !n and attendance at addlt!onal meetings and/or the need for addlt!onal management efforts exceeding the budget allocation w!U require an amendment or would be billed on a time-and materials basis.

Task 1 o Dallverables
• Six meetings {Inclusive of the kick-off meetlng and CEQA determlnalion meeting) 18 Qty Of Irwindale EVOF96001.2023
- 28 -
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
- 29 -
EXHIBIT "B"

SPECIAL REQUIREMENTS
THERE ARE NO SPECIAL REQUIREMENTS FOR THIS CONTRACT.
- 30 -
EXHIBIT "C"

SCHEDULE OF COMPENSATION/BUDGET
I. Consultant's proposed budget for services related to the IS/MND is as follows:
- 31 -
Categorymue
Billing Rate
i"rask 1 Project l(jck-Off Meeting
ITask 2 Technical Studies

2.1 AQ, GHG, HRA, Noise

2.2 Traffic!VMT
iTask3 Prepare Screencheck Draft ISJMND
1Task4 Prepare Proofcheck and Public Review ISJMND
!Task 5 Prepare NOi and NOC
Task6 RTC, Final ISJMNO, MMRP
Task7 Prepare Findings
!Task 8 Public Hearings and NOD
ITask 9 Project Management and Meetings
Office Expense
TOTAL COST:

City of Irwindale
14005 Live Oak Avenue CEQA
March 8, 2023
$330.00 $215.00 $190.00 $150.00
8 8 4
8 SS 60 140
2 4S 80
8 10 20 70
6 12 12
2 2
12 4
4 8
8 8
8 8
$185.00 $105.00 Total Hours Total Cost
l 21 $ S,145.00
l 1 $ 185.00
1 264 $ 47,050.00
1 128 $ 22,520.00
1 109 $ 19,275.00
1 31 $ 6,545.00
1 s $ 915.00
1 17 $ 3,36S.OO
1 13 $ 2,565.00
1 17 $ 4,545.00
4 2 22 $ s,310.00 I N
(Y)
628
5,401.00
126,671.00
II. The compensation for the Services shall not exceed the Contract Sum and total compensation for all Services during the Term of this Agreement shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

Ill. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
a. Line items for all the work performed, the number of hours worked, and the hourly rate.
b. Line items for all materials and equipment properly charged to the Services. c. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
d. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The compensation for the Services shall not exceed the Contract Sum and total compensation for all Services during the Term of this Agreement shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement. - 33 -
EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
I. Consultant shall perform the Services and deliver the tangible work products, in accordance with the schedules below:

II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services but not exceeding two (2) years from the date hereof, Ill. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
- 34 -
IS/MND Task Timetable
City Review I Concurrence
Preoare Technical Studies
Citv Review I Concurrence
Prepare Proofcheck and Public Review IS/MND
Citv Review I Concurrence
Notice of Intent and Notice of Completion
30-dav Public Review Period
Prepare Responses to Comments, Final IS/MND, and MMRP
Prepare Findinas
4-10
11 - 13
14-18
19-20
21 22
22 23-26
27-28
29 LO
C')
IZICity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 13, 2023
City(}/

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 13
Issue: Request to Approve a Professional Contract Services Agreement with ECORP Consulting, Inc for the preparation of CEQA documents for the construction of a ±105,000 square foot speculative industrial building with associated parking for the property located at 15715 Arrow Highway (APN:
5619-001-059).

City Manager's Recommendation:
1) That the City Council approve the attached contract with ECORP Consulting, Inc. for the preparation of an Initial Study with a Mitigated Negative Declaration and/or an Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 15715 Arrow Highway, Irwindale, CA 91706.

Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development
Director
(626) 430-2209
Prepared by:

Brandi Jones, Senior Planner
Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager

Page 1 ends

BACKGROUND
RIF Ill-Irwindale LLC, the Applicant, submitted a request for the construction of a ±105,000 square foot speculative industrial building with associated parking for property located at 15715 Arrow Highway (APN: 5619-001-059), in the M-2 (Heavy Manufacturing) zone (Project). The application includes a request for a Site Plan and Design Review (DA) and the environmental analysis, which is required under the California Environmental Quality Act (CEQA) for land use entitlements.

After soliciting proposals through a Request for Proposals process, Planning Staff reviewed eleven (11) proposals from consulting firms, interviewed six of the consulting firms, and is now recommending the retention of ECORP Consulting, Inc. to complete the CEQA work necessary to obtain entitlements for this Project. The Contract Services Agreement with ECORP Consulting, Inc. is for an amount not to exceed $291,511.00, and is attached with this report. The Initial Study conducted by ECORP Consulting, Inc. will determine the type of CEQA document to be prepared (Initial Study with a Mitigated Negative Declaration or Environmental Impact Report).

FISCAL IMPACT
The City's General Fund will not be impacted. Pursuant to the Reimbursement Agreement with the Applicant, which is also presented for approval, the Applicant has agreed to reimburse the City of all costs and expenses incurred by the City related to the services agreed to in the Agreement for Contract Services with ECORP Consulting, Inc. The Reimbursement Agreement requires a deposit account wherein Applicant will make deposits of amounts to cover all costs and expenses of work done by ECORP Consulting, Inc., any other consultant retained for the Project, and the City Attorney's office for work related to the land use entitlements.

ATTACHMENT
A. Agreement for Contract Services with ECORP Consulting, Inc. (including cost proposal)
Page2
ATTACHMENT "A"

AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND ECORP CONSUL TING, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 13th day of September 2023, by and between the City of Irwindale, a California municipal corporation ("City"), and ECORP Consulting, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described in Exhibit 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the Section 607 of the City of lrwindale's Municipal Code, City has authority to enter into and execute this Agreement.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

1.2 Consultant's Proposal.

1.3 Compliance with Law.

1.4 Licenses, Permits, Fees and Assessments.

1.5 Familiarity with Work.

1.6 Care of Work.

1.7 Prevailing Wages.

Consultant is advised of the requirements of California Labor Code Section 1720 which provides: prevailing wage rates apply to "[c]onstruction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority." It is the Parties' understanding that this Project shall not be required to pay prevailing wages pursuant to Sections 1770 - 1781 of the California Labor Code and 33423- 33426 of the California Health and Safety Code. To this end, Consultant acknowledges and agrees that should any third party, including but not limited to the Director of the Department of Industrial Relations ("DIR"), require Consultant or any of its contractors or subcontractors to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the DIR under Prevailing Wage Law, then Consultant shall indemnify, defend, and hold City harmless from any such determinations, or actions (whether legal, equitable, or administrative in nature) or other proceedings, and shall assume all obligations and liabilities for the payment of such wages and for compliance with the provisions of the Prevailing Wage Law. The City make no representation that any work completed by Consultant is or is not subject to Prevailing Wage Law.

1.8 Further Responsibilities of Parties.

1.9 Additional Services.

1. 1 O Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2. 1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed TWO HUNDRED AND NINETYONE THOUSAND AND FIVE HUNDRED AND ELEVEN DOLLARS ($291,511.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall - 4 -
detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, ifthe Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the - 5 -
judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

Anne Surdzial Vice President
(Name) (Title)
Lisa Westwood Vice President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced, nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in - 6 -
any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City Manager, or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

5.1 Required Insurance Policies.

Without limiting Consultant's indemnification of the City and prior to commencement of services, Consultant shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional Liabilitv (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).

5.3 Performance Bond.

5.4 Indemnification.
(a) Indemnity for Professional Liability. Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs where the same arise out of, are a consequence of, or are in any way attributable to whole or in part by, any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnity for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. - 13 -

7.2 Disputes; Default.

7.3 Retention of Funds.

7.4 Waiver.

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

7.9 Attorneys' Fees.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

8.3 Covenant Against Discrimination.

Consultant 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, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

9.2 Interpretation.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections 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 phrases, sentences, clauses, paragraphs, or sections 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.

9.6 Warranty & Representation of Non-Collusion.

Consultant's Authorized Initials __ _

9.7 Corporate Authority.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:
- 18 -
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian Guerra, City Attorney
CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
CONSULTANT:

ECORP CONSUL TING, INC.,
California corporation
a
By: _____________ _
Name:

Title:

Address:

Anne Surdzial
Vice President
215 N. 5th Street
Redlands, CA 9237 4
By: ____________ _
Name:

Title:

Address:

Lisa Westwood
Vice President
2861 Pullman Street
Santa Ana, CA 92705
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
- 19 -

STATE OF CALIFORNIA

I certify under PENAL TY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
01005.0005/921016. l

STATE OF CALIFORNIA

COUNTY OF -------
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________ _

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D

TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER __________ ~
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
- 2 -
EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform CEQA work and prepare CEQA documents necessary to obtain entitlements for the construction of a ±105,000 squarefoot speculative concrete tilt-up building on an approximately 4.92 acre project site located at 15715 Arrow Highway (APN: 5619-001-059) ("Project"), including, but not limited to, the following (herein after referred to collectively as "Services"):
- 3 -
Proposal for the City of Irwindale
Speculative Concrete Tift-Up Building (15715 Arrow Highway) Environmental Assessment

C - SCOPE OF WORK
Task 1 - Kickoff Meeting
The ECORP Team will schedule and conduct a project kickoff meeting with City staff within one (1) week of the notice to proceed {NTP). The purpose of the meeting will be to establish communication protocol, confirm the scope and schedule, identify project stakeholders and agencies to be consulted, and identify any remaining data to be transferred. A site visit will be conducted in conjunction with the project kickoff.

Task 2 - Technical Reports
Team member Group Delta will prepare the Phase I Environmental Site Assessment and Geotechnical Report KOA will prepare the traffic analysis, and PACE will provide review of the Applicant provided hydrology analysis and water quality analysis. ECORP will prepare the following technical studies: air quality, greenhouse gas emissions, health risk assessment, biological resources desktop survey, energy analysis, cultural resources report, AB 52 Consultation Assistance, paleontological resources analysis, and noise analysis. The approach to preparation of these studies is provided below.

2.1 Air Quality/Greenhouse Gas Emissions Assessment (ECORP) The assessment of air quality and greenhouse gas (GHG) emissions will quantify short-term (i.e., construction) and long-term (i.e., operational) emissions generated by the Proposed Project using the most recent version of the California Emissions Estimator Model (CalEEMod1M) software.

CalEEMod™ is a statewide land use emissions computer model designed to quantify pollutant emissions associated with operations from a variety of land use projects. Project criteria air pollutant and GHG emissions will be compared to the thresholds of significance promulgated by the South Coast Air Qualrty Management District (SCAQMD), including SCAQMD's recommended Localized Significance Thresholds (LSTs). LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (1-4). ECORP proposes to evaluate potential air quality and GHG emission-related impacts in a technical report The analysis will be supported by modeling documentation, which would be included as an appendix to the technical report The Air Quality and Greenhouse Gas Emissions Assessment Report will be the source of the analysis contained in the CEQA document
Deliverables:

One (1) electronic version of the Air Quality and Greenhouse Gas Emissions Assessment Report

2.2 Construction Health Risk Assessment {ECORP)
The Project Site is located in close proximity to existing sensitive !and uses, such as the urgent care directly across Arrow Highway from the Project and residences fronting Hidalgo Street Project construction would employ the use of heavy-duty offroad equipment, a source of the toxic air ~ ~ .~" 1\k. · ·" ECO RP Consulting, Inc. EN\'IROt\MtNTAL C'ONS!Jl.TAN'fS - 4 -
March 8, 2023 • 16
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment contaminant (TAC) and diesel particulate matter (DPM). ECORP will prepare a Construction Health Risk Assessment (HRA) to address the Proposed Project's construction health impacts on nearby receptors, per CEQA guidelines. Project emissions calculations will be combined with regulatory and industry-based specifications to quantify emissions of TACs. The air dispersion modeling for the Construction HRA will be performed using the U.S. EPA AERMOD dispersion model with unitized emissions of 1 gram per second. AERMOD is a steady-state, multiple-source, Gaussian dispersion model designed for use with emission sources situated in varying terrain. AERMOD requires hourly meteorological data consisting of wind vector, wind speed, temperature, stability class, and mixing height Health risk modeling associated with the identified TAC concentrations will be completed using the calculated emissions, AERMOD source receptor grids and the HARP2 model with regulatory default settings. HARP2 implements the latest regulatory guidance health risk factors and exposure parameters to provide gridded health risk in the Project Area.

The Construction HRA would be prepared in accordance with SCAQMD guidance. The modeled concentrations will be used to estimate the increased cancer risk and health hazard in accordance with the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) Air Toxics Hot Spots Program Risk Assessment Guidelines - The Air Toxics Hot Spot Program Guidance Manual for Preparation of Health Risk Assessment. The assessment will present background information on TACs and health risks, the assumptions used for the modeling and modeling methodology and the results of the analysis. Pollutant concentrations and corresponding health risk from Project construction activities will be identified.

ECORP proposes to evaluate potential health risks from Project construction as a component of the Air Quality and Greenhouse Gas Assessment Report The analysis will be supported by modeling documentation, which would be included as an appendix to the report A streamlined analysis of the Construction HRA will also be included in the Air Quality section of the CEQA document Deliverables:

One (1) electronic version of the Construction Health Risk Assessment contained within the Air Quality and Greenhouse Gas Emissions Assessment Report One (1) streamlined analysis contained within the Air Quality section of the CEQA document

2.3 Operational Health Risk Assessment (ECORP)
The Project proposes warehouse space that would be utilized by heavy trucks, a source of the TAC, DPM. As such, ECORP proposes to prepare an Operations HRA for the Proposed Project Like the proposed Construction HRA, the air dispersion modeling for the Operations HRA will be performed using the U.S. EPA AERMOD dispersion model with unitized emissions of 1 gram per second. Health risk modeling associated with the identified DPM concentrations will be completed using the calculated emissions, AERMOD source receptor grids, and the HARP2 model with regulatory default settings. Like the Construction HRA, the Operations HRA will be prepared in accordance with the SCAQMD's guidance, and the modeled concentrations will be used to estimate the increased cancer - 5 -
March 8, 2023 • 17
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment risk and health hazard in accordance with OEHHA's guidance. The assessment will present background information on TACs and health risks, the assumptions used for the modeling and modeling methodology, and the results of the analysis.

ECORP will require the completed Traffic Impact Assessment to complete the Operations HRA. The Operations HRA will be prepared as a component of the Air Quality and Greenhouse Gas Assessment Report The analysis will be supported by modeling documentation, which would be included as an appendix to the technical report. A streamlined analysis of the Operations HRA will also be included in the Air Quality section of the CEQA document
Deliverables:

One (1) electronic version of the Operations Health Risk Assessment contained within the Air Quality and Greenhouse Gas Emissions Assessment Report
One (1) streamlined analysis of the Operations Health Risk Assessment contained within the Air Quality section of the CEQA document

2.4 Biological Resources Due Diligence Assessment and Report (ECORP) ECORP will conduct a biological resources due diligence assessment of the Project Site, identify any potential biological constraints to development and, if appr1cable, make recommendations based on the findings. Prior to conducting the due diligence assessment, the biologist will conduct queries of the latest versions of the CDFW, California Natural Diversity Data Base (CNDDB), and California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Plants. A review of USFWS National Wetlands Inventory (NWI) mapping will be conducted to identify whether any blue line streams are present on the Project Site that could require a formal aquatic resources delineation.

Based on the literature review, the biologists will identify the sensitive and/or listed species that could occur on the proposed Project Site.

Once the literature review is completed, ECORP biologists will conduct a brief biological reconnaissance survey to document the site conditions and assess the existing structure that will be demolished for it's potential as bat roosting habitat (several sensitive bat species are known to roost in buildings). The survey will be conducted by visiting and walking the perimeter of the existing structure to assess the potential for sensitive biological resources ~ncluding roosting bats) to be found there. A list of both plant and animal species observed will be kept during the survey.

Representative photographs will be taken of the area to document site conditions at the time of the survey. If any sensitive biological resources are discovered during the survey within the Project Site, or immediately acljacent to the Project Site, their location will be recorded using a Global Positioning System (GPS) equipped with sub-meter accuracy and the City will be notified.

Following the literature review and reconnaissance survey, ECORP will prepare a Biological Due Diligence Assessment Letter Report that details the results of the literature review and field survey.

The report will include a summary of the biological setting of the Project Site, a Project description, >c ,~~ ECORP Consulting, Inc. ,.,,, ~.\l\'IRONMENTM. {'ONSllLTANTS - 6 -
March B, 2023 • 18
P23-0BB
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment Project location, discussion of survey methods and results, and potential biological constraints to the proposed development If appropriate, the report will also include an impacts assessment and recommended mitigation measures consistent with the requirements of CEQA. If necessary, recommendations for additional work, including focused surveys for sensitive species, will be discussed in the report. ECORP will submit one electronic copy of the draft Biological Due Diligence Assessment Letter Report to the City. After receiving one round of complete comments, a final version of the Biological Due Diligence Assessment Letter Report will be submitted electronically.

This scope of work does not include focused {protocol-level) su1Veys, an aquatic resources delineation, or coordination with the regulatory agencies. If those services are determined to be necessary, a separate scope of work and cost estimate for those services will be provided.

Deliverables:

Draft and Final versions of the Biological Due Diligence Assessment Letter Report

2.5 Cultural Resources Inventory (ECORP)
ECO RP will carry out a cultural resources inventory of the 4.92-acre Project Area. The scope of work for the cultural resources inventory includes a records search of the California Historical Resources Information System {CHRIS) and literature review for the Project Area, a Sacred Lands File search with the Native American Heritage Commission {NAHC), a request of information from local historical societies (if any), a pedestrian field survey of the Project Area, and preparation of a cultural resources inventory report. The cultural resources inventory will be conducted under the direct supervision of a Registered Professional Archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for prehistoric and historic archaeology. This study will be conducted pursuant to compliance with CEQA and Section 106 of NHPA and its implementing regulations in 36 CFR800.

ECORP will request a records search of the CHRIS from the South Central Coastal Information Center (SCCIC) located on the California State University, Fullerton campus. The CHRIS records search will identify the locations and extent of previous surveys conducted within one mile of the Project Area and will determine if there are any known archaeological or built environment resources (i.e., pre~ contact [prehistoric] or historic archaeological sites or historic-period features) located within or near the Project Area. The CHRIS records search will identify resources listed on or determined eligible for listing on the NRHP) and/or the CRHR located within or near the Project Area.

ECORP will request a search of the Sacred Lands File from the NAHC. The Sacred Lands File search will identify any known sensitive or sacred Native American resources located within or near the Project Area. lt should be noted that the Sacred Lands File search will not constitute consultation in compliance with Senate Bill {SB) 18, Assembly Bill (AB) 52, or Section 106 of NHPA. SB 18 and Section 106 consultation are separate processes from cultural technical studies and are not included in this scope of work. AB 52 consultation assistance is described as part of Task 3. !!>,. , ~-" - ECORP Consulting, Inc. E:"l\'IRONMENTAL C'ON:>llLT'A'N"i'S - 7 -
March 8, 2023 • 19
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building {15715 Arrow Highway) Environmental Assessment ECO RP will contact local historical societies (if any) seeking information about the history of the Project Area. Local historical societies are often able to provide additional information about an area that CHRIS or the NAHC may not have. It should be noted that this contacting of local .historical societies does not constitute stakeholder outreach and is solely for the purpose of seeking information about the Project Area.

ECO RP will complete a field sutvey of the 4.92-acre Project Area. An ECO RP archaeologist will conduct a pedestrian survey of all accessible areas within the Project Area using pedestrian transect intE!tvals spaced 10 to 15 meters apart, where possible. The Project Area will be examined for evidence of archaeological and built environment resources, including pre-contact and historicperiod O.e., over 50 years of age) archaeological deposits and features. If any resources are identified in the Project Area, the location and nature of the resources will be preliminarily noted in accordance with the standards of the California Office of Historic Presetvation (OHP). For costing purposes, ECORP assumes that no resources will be obsetved in the Project Area during sutvey. A separate scope and cost will be prepared for any recording of resources and evaluation of eligibility to be included in the California Register of Historical Resources (CRHR) or the National Register of Historic Places (NRHP) based on the level of effort required.

ECO RP will prepare a cultural resources inventory report that is co-compliant with CEQA and Section 106 of the NHPA to document the methods and results of the CHRIS records search, Sacred Lands File search, and field sutvey. The report will include a brief summary of the environmental setting and cultural background of the Project Area. The report wilt also present recommendations for further work, if needed, to evaluate any archaeological and built environment resources that may have been identified by the survey.

Deliverables:

One (1) electronic version of the Cultural Resources Inventory Report

2.6 Energy Consumption Assessment (ECORP)
ECORP proposes to analyze Project energy consumption in a technical report where potential impacts related to Project energy consumption will be assessed against the Office of Planning and Research's proposed standards of significance: ie., whether the Project result in the wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources; and, whether the Project would conflict with an applicable plan for renew~ble energy or energy efficiency. There are no established thresholds of significance, statewide or locally, for what constitutes a wasteful, inefficient, and unnecessary consumption of energy for proposed Industrial warehousing. Therefore, for the purposes of this analysis, the amount of energy necessary for both Project construction and operation will be quantified and compared to that consumed in Los Angeles County as a whole.

Where appropriate, the analysis would be supported by modeling documentation, which would be included as an appendix to the report. The Energy Consumption Assessment will be the source of the analysis contained in the Energy section of CEQA document. ',._.0
~
·.~. ECORP Consulting, Inc. E:'l\'1RONMEC'!Ti\L ('ONS\11.Ti\NTS - 8 -
March B, 2023 • 20
P23-088
Proposal For the City of Irwindale
Speculative Concrete Tilt-Up Building {15715 Arrow Highway) Environmental Assessment Deliverables:

One (1) electronic version of the Energy Consumption Assessment

2.7 Geology and Soils (Group Delta)
A geotechnkal study will be conducted to identify and evaluate significant potential impacts at the site as required by CEQA guidelines. Our services will consist of reviewing readily available geotechnical and geological information, performing a preliminary reconnaissance~level site visit to obsetve site conditions and identify any geologic hazards if existing, and preparing a Geotechnical Study Report that will contain a project and site description, geologic conditions and hazards, and geotechnical impacts and mitigation.

The Geotechnical Study Report will address the following:

Site conditions and observations from the site visit
General geology and ground water conditions
Seismic hazards including fault rupture, seismic ground shaking, liquefaction and liquefaction induced settlement and lateral spreading
Slope stability (landslides) and seismically induced landsliding Geotechnical impacts including potential for expansive and collapsible soil Geotechnical considerations pertain to the site rough grading and general earthwork Potential for on-site infiltration
This scope of work does not include any field investigation. It is our expectation that existing geotechnical reports for the site, if available, will be provided prior to the start of work for inclusion in the evaluation.

Deliverables:

One (1) electronic version of the Geotechnical Study Report

2.8 Phase I ESA (Group Delta)
Group Delta will perform a Phase I ESA for the designated Project Site in accordance with the ASTM 1527~21. This version of the ASTM standard complies with the Federal All Appropriate Inquiry (AA!) rule (40 CFR Part 312- Standards and Practices for All Appropriate Inquiries). The Phase I ESA will be managed by an Environmental Professional in general accordance with the AAI rule and the ASTM 1527-21 requirements. The ESA report will provide a discussion of any identified recognized environmental conditions (RECs) and areas of concern.

Group Delta's proposed scope of services includes an ESA report including records review of available environmental databases, environmental lien and title review, public and private records of current and historical land use, relevant files from federal, state, local agencies and environmental ECORP Consulting, Inc. E.'l\'IRONME.'lTAl. {'()t\':\!11.TANTS - 9 -
March 8, 2023 • 21
P23·088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Buildlng (15715 Arrow Highway) Environmental Assessment sources, regulatory correspondence, and environmental reports. Group Delta will also perform a site reconnaissance to observe the property and its current use. At the permission of the property owner, photographs will be taken to document conditions observed. Group Delta will interview the ESA user and available key site personnel who may have historical environmental information for the Site.

Interviews may be conducted with prior owners and/or occupants in order to obtain information indicating RECs in connection with the property.

Deliverables:

One (1) electronic version of the Phase I ESA

2.9 Hydrology/Drainage Analysis (PACE)
PACE will evaluate Applicant provided Project reports, calculations, and plans related to Hydrology and Water Quality, to support project CEQA documentation. PACE will evaluate the Project's Hydrology Report/ calculations/plans provided by the Project Applicant to determine impacts of the Project related to hydrology and water quality.

Existing Drainage Technical Information/Studies. Provide engineering services related to technical research and investigation of previous studies/technical data that directly influence assessment of the hydrologic impacts of the Project Obtain the existing additional available technical studies and updated background data from the local jurisdictional agencies related to the existing flood hazard mapping or floodplain studies, dam inundation studies. municipal drainage masterplans, and watershed hydrologic information for the watershed area. PACE will evaluate the Project reports based on:

Engineering data
Environn:iental background information
Design data
Physical constraints
Project design objectives
Regulatory/environmental controls
Additional information will include review of the plans for the existing offsite/adjacent drainage facilities, such as the existing offsite municipal drainage facilities.

Evaluate Project Information. PACE will review the hydrology designs, calculations, and reports provided by the Project to determine if engineering standards have been followed and overall adequacy of the design and documentation provided by the Project Evaluate Project Compliance with Applicable Standards. PACE will evaluate the Project documentation for compliance with applicable standards related to Project impacts on the environment and on surrounding properties and receiving waters. PACE review will include ·.,. l\:I) ECO RP Consulting, Inc. 01\'IRONMENTAL ('0N$0J.TAN'i'S - 10 -
March 8, 2023 • 22
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tiit-Up Building (15715 Arrow Highway) Environmental Assessment regulations such as peak discharge limitations, increases in discharge rate, volume, acceptance of offsite flows, etc. The PACE review is not intended to address items such as City design standards that do not impact the environment or offsite properties.

Assessment of Project ln1pacts. PACE will prepare an assessment of Project impacts related to hydrology and water quality. A narrative assessment or quantitative assessment will be prepared as appropriate based on the Project materials available for review.

Deliverables:

A technical memo documenting:
• Review of overall compliance with engineering standards and adequacy of design • Compliance with applicable regulations and standards
• Assessment of Project impacts related to hydrology

2.10 Water Quality Analysis (PACE)
Review of Water Quality Plans and Reports. Review Applicant provided Project reports, calculations, and designs related to water quality management Anticipated materials available for review include Project WQMP and LID report, plans for water quality BMPs and other facilities, design calculations.

Evaluate Project Information. PACE will evaluate Project-proposed facilities in light of standard engineering practice. PACE review shall include overall adequacy of documentation, completeness of documentation provided by the Project, and completeness of the Project documentation to support impacts analysis.

Evaluate Project Compliance with Applicable Standards. PACE will evaluate Project-proposed facilities considering applicable water quality regulations such as the LA County MS4 permit and LA County LID Manual.

Assessment of Project Impacts. PACE will assess Project impacts and prepare narrative or quantitative evaluation for use in CEQA documentation.

Project Meetings. PACE will attend internal team meetings, which include coordination, communication, and technical consultation with the Project Team during the technical investigation and planning process. This includes meetings at regular inteNals to discuss the progress of the study and provide clarifications to assist the Project planning. %·,,.-~.ECO RP Consulting, Inc. £ f.:-1\'!RO!>MEIHAl. ('ONSllLTANTS - 11 -
March 8, 2023 • 23
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building {15715 Arrow Highway) Environmental Assessment Deliverables:
fr A technical memo documenting:
• Review of overall compl'lance with engineering standards and adequacy of design • Compliance with applicable regulations and standards
• Assessment of Project impacts related to hydrology and water quality

2.11 Noise Impact Assessment (ECORP)
The evaluation of noise impacts associated with the Project will be completed by staff members who are noise experts. The applicable noise criteria for the Project Site will be reviewed and discussed for land uses adjacent to, and nearby, the Project Site as they will be the basis for the Project impact determination and whether mitigation is necessary. To establish the existing ambient noise levels currently experienced at and around the Project Site, ECORP will conduct up to five (5) short-term (15 minutes) measurements in the Project vicinity. ECORP will also calculate the existing traffic noise generated in the Project vicinity using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108) coupled with data provided by the Traffic Impact Assessment prepared for the Project The combination of the baseline noise survey and the modeled traffic noise will provide a representative understanding of the current noise environment.

Construction would occur during implementation of the Proposed Project. Noise levels from construction sources will be analyzed using the Federal Highway Administration Roadway Construction Noise Model and based on the anticipated equipment to be used. To evaluate the potential health-related effects (physical damage to the ear) from construction noise, construction noise will be evaluated in terms of hourly equivalent continuous noise levels (leq) and the frequency of occurrence at the nearby residences, In addition to construction noise, an analysis of vibration impacts will be prepared based on the California Department of Transportation's (Caltrans) vibration analysis guidance.

The evaluation of the Project's contribution to noise increases over existing conditions will be addressed. The predominate source of onsite noise would include internal heavy-duty truck maneuvering, including back-up beepers. The analysis of onsite noise will rely on the SoundPLAN 30 noise model, which will be used to calculate the propagation/spread of onsite Project noise levels from onsite Project operations. The SoundPLAN 30 noise model predicts noise levels based on the location, noise level, and frequency spectra of the noise sources as well as the geometry and reflective properties of the local terrain, buildings, and barriers. A noise contour graphic will be prepared to depict the noise levels at the surrounding receptors. The modeling results and noise contour graphics will be discussed and summarized in the analysis.

Another major source of noise associated with the Project would be offsite automobile traffic.

Potential noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-R0-77-108). The 24-hour weighted Community Noise Equivalent ""~. '· .. ,.4:ia.' ECO RP Consulting, Inc. " Ji ~ E:-1\'!ROr\~!E!HAL ('ONS\ll.TAN'f'S - 12 -
March B, 2023 • 24
P23-08B
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment Levels (CNEL) will be presented in a tabular format. ECORP will require the completed LOS Analysis or Local Mobility Analysis to complete the evaluation of offsite traffic noise.

ECORP proposes to evaluate noise impacts in a technical report Where appropriate, the analysis would be supported by modeling documentation, which would be included as an appendix to the report The Noise Impact Technical Report will be the source of the analysis contained in the Noise Chapter of the environmental document
Deliverables:
0 One (1) electronic version of the Noise Impact Assessment Report

2.12 Paleontological Resources Assessment (ECORP)
ECORP will conduct a pa!eontological record search through the Western Science Center (WSC), Hemet, California. The record search results will detail the Project Site's sensitivity to producing paleontological resources as well as any recorded paleontological resources from within the Project area and from within a 1-mile radius, In addition to the record search, a detailed desktop literature review will be conducted on the paleontology of the Project Area. Information about previous surveys and previously recorded paleontologica/ resources will be obtained for the Project Area.

A qualified paleontologist will review the results of the record search obtained from the WSC. Based on the observations and recommendations outlined in the search, a paleontologkal resources assessment letter report will be drafted discussing the geologic units found within the Project Site and within a 1-mile radius, particularly those units that are sensitive to producing paleontological resources. In addition, a list of paleontological resources that have been documented and curated at the museum from the Project Site and vicinity will be listed. Finally, if there is a likelihood of encountering paleontological resources during project construction, the letter report will recommend mitigation measures to follow during construction activities, Deliverables:

One (1) electronic version of the Paleontological Resources Assessment Letter Report

2.13 Traffic Study (KOA)
KOA has defined a potential study area of seven intersections based on the general project size and access routes along the local area roadway network. The Project is located in dose enough proximity to the freeway, and also of relative regional prominence, to require analysis of freeway ramp intersections and freeway mainline segments in the vicinity. The scope of services for the traffic impact analysis includes the following:

Scoping Effort. KOA will create a succinct scoping document including count locations, timeframes, volume types, LOS definitions, scenario definitions, trip generation including trucks and autos, ambient growth cumulative project inputs, and other necessary details. After the City provides comments on or verification of the assumptions, the next step will proceed. g,;. '% .SA ~· ECORP Consulting, Inc. iii EN\'1RONME.'HAL C'ONSU!.TANT!i - 13 -
March 8, 2023 • 25
P23·088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Build Ing {15715 Arrow Highway} Environmental Assessment Traffic Data Collection. AM and PM peak-hour vehicle turning movement counts including vehicles and trucks will be conducted from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. at up to seven study intersections, envisioned to be located on local roadways at the perimeter of the Project Site, and along Live Oak Avenue and Arrow Highway from the Project Site to the 1-605 freeway interchanges on both roadway corridors.

Trip Generation. A trip generation estimate of the Proposed Project will be created based on a proposed Project Site Plan, total gross floor area of the industrial use, and other operational details that might be available. Passenger car equivalency (PCE) factors will be added based on numbers of trucks with trailers or truck cabs only, if such information can be defined for the land use program or proposed tenants.

Traffic Analysis. An analysis file will be set up to include existing and Project-year baseline scenarios. Study intersection approach lane and signal phasing will be verified in the field. An impacts analysis under existing baseline analysis will be conducted using the existing traffic volumes and estimated project trips. Project year future projections will include ambient growth projections from the Metro CMP, the SCAG RTP, or another source as determined through coordination with the City, and cumulative/planned area Project trips as applicable.

KOA will analyze off-ramp queuing, merge/diverge locations, and mainline flow effects for preProject and post-Project conditions at the Live Oak Avenue and Arrow Highway interchanges with the 1-605 to the west of the Project Slte. The queuing analysis will be based on current Highway Capacity Manual methodologies. This analysis will serve as a specialized analysis within the overall study area, specifically to identify any potential impacts on Caltrans facilities.

Prepare Draft and Final Traffic Impact Analysis Report. KOA will prepare a draft traffic impact study for review by the Client and subsequently by the City (including revisions from Client as necessary). Electronic Word or PDF versions of the document can be provided, and hard copies can also be provided for review as needed. KOAwill then incorporate comments and submit the final traffic import study to the Client and City.

Project Coordination and Meetings. KOA will attend up to four meetings, including but not limited to one kick-off meeting with City staff; one meeting with staff to discuss issues regarding the preparation of the draft document, and two public hearings before the Planning Commission and City Council.

Task 3 - AB 52 Consultation Assistance
ECORP will assist the City in consulting with California Native American tribes under Assembly Bill 52 (AB 52). ECORP will draft all required notification letters, coordinate tribal meetings, maintain the AB 52 administrative record, and provide technical support to the agency in determining whether Tribal Cultural Resources (TCRs} will be significantly impacted by the Project ECORP will document the consultation process and comments discussed and advise the lead agency on how to conclude the )C"·-"~. ECORP Consulting, Inc. jk E:-1\'IRONME:'ITAL \ONS!ll.TANTS - 14 -
March 8, 2023 • 26
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment consultation, as specified by AB 52. This cost is based on time and materials, "best efforts" basis. If the amount of tribal involvement or requests for technical support exceed what can be accommodated by this budget, an amendment would be required to continue assisting the Client Deliverables:

Draft AB 52 notification, consultation initiation, and consultation conclusion letters Task 4 - Notice of Intent and Administrative lnittal Study/Mitigated Negative Declaration
Draft Notice of Intent (NOi). ECORP will prepare the NOi for the IS/MND. The NOi will include a brief project description, supporting maps, the starting and ending dates for the public review period, project schedule, notice of public hearing, addresses where copies of the lS/MND are available for review, contact information, and other supporting information.

Administrative Draft IS/MND. ECORP will prepare an 15/MND using the approved checklist format from the City or Appendix G of the CEQA Guidelines, ECORP will write a description of the Proposed Project, including the location of the Project Area (including a Project map), a brief description of the environmental setting, an identification of environmental effects using the above-referenced checklist format, a brief substantiation of the checklist entries, and a list of references and preparers.

ECORP will provide mitigation measures (ii required} that can be developed using existing data ECORP will prepare the Project Description to include required content pursuant to CEQA Guidelines Section 15124. This will include project location, project objectives, narrative description of project technical and environmental characteristics, proposed uses of the Industrial/Commercial Specific Plan, a construction timeline, intended uses and agencies expected to use the CEQA document, and permit(s) required to implement the project. Agreement between the City and the ECORP Team on the elements of the Project Description before analysis begins will help ensure that the Project stays on schedule and within budget.

Deliverables:
& Draft Notice of Intent (NOi) document (one electronic file in PDF and Microsoft Word) 4 Administrative Draft MND (one electronic file in PDF and Microsoft Word) Public Review Version of Notice of Intent (NOi) (one electronic file in PDF and Microsoft Word)
Task 5 - Public Review Draft IS/MND
After receipt of one (1) set of integrated, non-conflicting comments on the Administrative Draft IS/MND from the City, ECORP will revise the IS/MND accordingly. The revised IS/MND will be provided to the City in track-changes for ease of review and as a "clean" version. After the City approves the document for public circulation ECORP will prepare the Notice of Completion (NOC) for electronic transmittal of the IS/MND to the State Clearinghouse (SCH) via CEQAnet Two (2) bound ~- '-~- _:-4!ill--, ECO RP Consulting, Inc. £ ENVIRONMENTAL CONSlll.TANTS - 15 -
March B, 2023 • 27
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment copies of the JS/MND and two (2) CDs with appendices will be sent the local library. Document deliveries will be sent via overnight and delivery confirmation will be provided to the City.

The NOi will be filed with the Los Angeles County Clerk and the State Clearinghouse. The NOi is required by CEQA to be either 1) posted on-site; 2) mailed to the surrounding property owners; or 3) published in a newspaper of general circulation. The NOi will be distributed (for a 30-day public review period) via one of the three methods listed above.

Deliverables:

Public Review Draft IS/MND with City comments incorporated (one electronic file in PDF and Microsoft Word)
Notice of Intent (NOi) that meets State requirements (one electronic file in PDF and Microsoft Word)
0 Electronic upload of the 15/MND to the SCH CEQAnet
NOi filing with County Clerk and NOC for SCH
NOi newspaper ad or other preferred method
Two (2) bound copies and two (2) CDs with appendices
Task 6 - Response lo Comments on IS/MND, Final IS/MND and Mitigation Monitoring and Reporting Program
The Lead Agency (City) must consider any comments received on the MND when making a decision on the Project For costing, we have assumed that fifty (50) comment letters containing four (4) comments each will be received (or a total of 200 comments). ECORP will collate all public comments and comment letters regarding the IS and prepare written responses to comments in a matrix format. The matrix will be submitted to the City for review. It is assumed that City staff will receive all comments and will forward to ECORP as soon as possible after receipt The Final 15/MND will include responses to comments received on the Draft 15/MND, any changes to the Draft 15/MND, and the Mitigation Monitoring and Reporting Program (MMRP, if required), prepared in accordance with CEQA Guidelines Section 15097. ECORP will prepare the MMRP in table format. with input from the City. The MMRP will include all best management practices and mitigation measures identified in the IS/MND and will include the timing, responsible entity, and the method for verifying implementation of the measure.

An Administrative Final IS/MND and MMRP will be prepared, and after review by the City, the Final IS/MND and MMRP will be provided.

Deliverables:

Responses to Comments on Public Draft IS/MND
Final MND
~-ECORP Consulting, Inc. E::'H'lRO/l:Mt:-/T,\L \ONS!JLTAN'f'S - 16 -
March 8, 2023 • 28
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment Draft and Final MMRP
Task 7 - Notice of Determination
ECORP will prepare and file the Notice of Determination (NOD) with the Los Angeles County Clerk's office and the State Clearinghouse within five business days of adoption of the MND. Fees associated with the NOD (in 2023) are as follows:

NOD - County filing fee of $75.00 and CDFW CEQA environmental document filing fee of $2,764.00 (IS/MND).

The County filing fees and the CDFW fee are included in the cost Deliverables:

NOD (one scanned and stamped electronic file in PDF)
Evidence of payment of the County filing fee and the CDFW fee (one scanned electronic file in PDF)
Task 8 - Meetings and Project Management
ECORP will be responsible for meeting with City staff and applicant on a bi-weekly basis as well as one kick-off meeting with City staff and applicant; one meeting with staff to discuss issues regarding the preparation of the draft document, one scoping or community meeting, and two public hearings before the Planning Commission and City Council. It is our understanding based on the City's RFP that the number and frequency of the meetings will be determined in consultation with all parties before the Project begins. The purpose of the meetings will be to establish objectives, discuss alternatives, provide direction, and review progress. In addition, it is our understanding that ECORP will be expected to attend periodic meetings of the Planning Commission and City Council.

ECORP will attend Project meetings and coordinate with City staff throughout the CEQA process. For the purposes of budgeting ECORP has made the following assumptions regarding meetings and project management
Attendance at Project meetings, including:

One kickoff meeting with City staff and the applicant (Task 1) One meeting with staff to discuss issues regarding the preparation of the draft CEQA document
One scoping or community meeting
Two (2) public hearings before the Planning Commission (one meeting) and City Council (one meeting).

Coordination and progress calls with City staff will take place regularly (per the RFP on a bi-weekly basis) throughout the CEQA process. For the purposes of budgeting, we presume that the bi-weekly ',~. Jl. ECO RP Consulting, Inc. JI E.'l\'IROr\MtNTAL C'Or\Stll.Ti\NTS - 17 -
March 8, 2023 • 29
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Envlronmental Assessment meetings will occur twice a month for a total of eight months for a total of 16 meetings, at one hour per meeting. If additional meetings and/or time is required for these bi-weekly meetings, they can be accommodated on a time-and-materials basis.

Deliverables:

Meeting/Teleconference agendas
Meeting/Teleconference notes, action items
Monthly invoices
Optional Environmental Impact Report
If the technical studies and IS identify an impact that would remain significant after mitigation (potentially requiring an Environmental Impact Report [EIR)), then ECORP will immediately notify the City to determine if there may be an architectural or engineering solution to minimize or avoid the impact If the impact cannot be reduced to less than significant, an EIR will be required as described in the scope of work below. It is our approach that most of the documentation in the E!R will be focused on those issues where more information or analysis was, and a determination of significance could not be made in the IS.

As determined by CEQA, the purpose of an EIR is to provide decision makers, public agencies, and the general public with an objective and informative document that facilitates a basic understanding of the proposed project. including direct, indirect, and cumulative environmental effects, The EIR also identifies feasible mitigation measures to mitigate significant environmental effects. The City will use the EIR to issue permits, agreements, and approvals to implement portions of the Project under its authority.

Tasks El through E4 - Project Kickoff, Project Description, Technical Reports, AB 52, and Initial Study
Tasks E1 through E4 would be the same as Tasks 1 through 4 proposed as part of the 15/MND option above. They are listed here for reference:

Task E1: Kickoff Meeting
Task E2: Technical Reports
Task E3: AB 52 Tribal Consultation Assistance
Task E4: Initial Study (IS)
The IS prepared under Task E4 would be used as part of the Notice of Preparation (NOP) package for the EIR as described below for Task ES.

Task ES - Notice of Preparation/Scoping Meeting
Notice of Preparation. ECORP will prepare the Notice of Preparation (NOP), soliciting participation in determining the scope of the EIR. The IS (prepared as part of Task E4) will be attached to the NOP. "'D -- ' ECORP Consulting, Inc. ;,, ~ EC>l\'IRONME:OHAl. CONSlll.T"AN'f'S - 18 -
March 8, 2023 • 30
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building {15715 Arrow Highway) Environmental Assessment The IS/NOP will be circulated pursuant to California Public Resources Code Section 21153(a) and CEQA Guidelines Section 15082. ECORP will distribute thirty (30) copies of the approved IS/NOP via certified mail to the Office of Planning and Research, various public agencies whose approval and/or comments are required (Responsible Agencies), agencies with resources affected by the project (Trustee Agencies) and interested parties and groups. The NOP will also be posted at the County Clerk. Within the 30-day public review and comment period, Responsible Agencies, Trustee Agencies, and members of the public may provide comments about the EIR contents and the project in general.

Public Scoping Meeting. A public scoping meeting shall be scheduled to help the City further understand community concerns and support for the Project A Public Meeting in an Open House format will be held at City, or other venue determined by the City, during the 30-day NOP review period. ECORP will plan and facilitate the meeting, provide exhibits, handouts/fact sheets, and refreshments, and provide staff for the sign-in table. At least one of these staff members will be English-Spanish bilingual. We have assumed that the City will schedule (or provide a contact at the City so that ECORP may schedule) the meeting room, and that tables, chairs, etc. will be provided by the City. The ECORP Project Manager and one other technical staff would attend this meeting. We have assumed that City staff and the Project Applicant will also attend this meeting to answer questions. Depending on the state of the COVID-19 pandemic this may be a virtual meeting.

Deliverables:

NOP to OPR/SCH
NOP to mailing list and Coun1y Clerk
Scoping Meeting materials
Task E6 - Administrative Draft EIR
An Administrative Draft EIR wlll be submitted to the City for review and comment prior to the preparation of the Draft EIR. The EIR will include the topics for which impacts were identified either as "potentially significant" or uless than significant with mitigation incorporated" in the Initial Study (IS) checklist It is important to carry forward the mitigation required in the IS to the EIR, so that it will be documented in the Mitigation Monitoring and Reporting Program (MMRP). However, it is our approach that most of the documentation in the EIR will be focused on those issues where more information or analysis was required, and a determination of significance could not be made in the IS. In addition, the EIR will discuss the extent to which the project promotes growth directly or indirectly.

The EIR will also analyze up to two alternatives: an alternative of less intensive development, and the No Project Alternative. We have assumed that the City/Project Applicant would provide any information required for the alternatives development. An "alternatives considered but rejected" section will also be included in the EIR.
·,. ,,.Jt. ECO RP Consulting, Inc.
0@1 E:'l\'lRO/\Mf,.'lTAL CONSUt.Ti\NTS
- 19 -
March 81 2023 • 31
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building {15715 Arrow Highway) Environmental Assessment The EIR will also provide brief discussions of other topics specifically mandated by CEQA, as follows:
unavoidable significant impacts, significant irreversible changes, growth-inducing impacts, consistency with applicable general and regional plans, and energy consumption and conservation.

The Administrative Draft EIR will be provided electronically to the City for review and comment After receipt of one (1) set of integrated comments on the Administrative Draft SEIR from the City, ECO RP will revise the EIR accordingly. ECORP is prepared to meet with the City to review the comments. The revised EIR will be provided to the City in track-changes for ease of review and as a "clean" version.

Prior to circulation of the Draft EIR a screencheck copy of the document will be provided to the City for approval.

Deliverables:

Administrative Draft EIR (Word and PDF)
Screencheck Draft EIR (Word and PDF)
Task E7 - Draft EIR and Notices
After review and comment on the Draft EIR, ECORP will revise the EIR and print sufficient copies for public review. We will also prepare the Notice of Completion (NOC} and Notice of Availability (NOA} to accompany the Draft EIR.

The NOA will be filed with the Los Angeles County Clerk and the State Clearinghouse. The NOA is required by CEQA to be either 1) posted on-site; 2} mailed to the surrounding property owners; or 3) published in a newspaper of general circulation. The NOA will be distributed (for a 30-day public review period} via one or more of the three methods listed above.

Two (2) bound copies of the EIR and two (2) CDs (or thumb drives) with appendices will be sent the local libraries. Document deliveries will be sent via overnight and delivery confirmation will be provided to the City.

As of November 3, 2020, the Office of Planning and Research (OPR), State Clearinghouse (SCH) Unit has discontinued accepting hard copies of environmental documents and notices. All agencies are required to submit on!ine to the CEQA Database (CEQAnet), where CEQA notices and documents will be filed and posted. We have assumed that the City will provide authorization for ECORP to submit all environmental documents and notices to the CEQA database on the City's behalf.

Deliverables:

Public Review EIR with City comments incorporated (one electronic file in PDF and Microsoft Word)
Notice of Availability (NOA) that meets State requirements (one electronic file in PDF and Microsoft Word)
Electronic upload of the EIR to the SCH CEQAnet
ECORP Consulting, Inc. E.'l\'JROf\~lt:'IJTAl CONSULTANTS - 20 -
March 8, 2023 • 32
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment NOA filing with County Clerk and NOC for SCH
NOA newspaper ad or other preferred method
Two (2) bound copies and two (2) CDs (or thumb drives) with appendices for local libraries Task E8 - Public Meeting
The scope for the EIR public meeting is the same as that for the 15/MND public meeting (Task 8).

Deliverables:

Meeting attendance
Task E9 - Adminislrattve Final EIR/Drafl MMRP
ECORP will prepare an Administrative Final EIR, consisting of copies of comment letters received on the Draft EIR during the State-mandated 45-day public review period, responses to these comments, any errata sheets required based on the comments, and the Draft Mitigation Monitoring and Reporting Program (MMRP, if needed as described below). Jt is assumed that City staff will receive a!I comments and will forward to ECORP as soon as possible after receipt We have assumed that up to SO comment letters will be received each with an average of four (4) comments, or approximately 200 comments total. Beyond that number of comments and/or the time allotted in our budget proposal, ECORP will complete this task on a time and materials basis.

If needed, ECO RP will prepare the MMRP (in accordance with CEQA Guidelines Section 15097) to create a legally enforceable mechanism for the implementation of mitigation measures required in the Draft EIR This document will be included in the Administrative Final EIR and will identify each mitigation measure to be carried out if the Project is implemented, the entity that will be responsible for implementing the mitigation measures, and when it will be implemented.

An electronic version of the Administrative Final EIR and Draft MMRP will be prepared for City review.

If necessary, a second round of review and comment on the Administrative Final EIR and Responses to Comments will be scheduled.

Deliverables:

Administrative Final EIR (Word and PDF)
Task ElO - Final EIR/Flnal MMRP
After City comments on the Administrative Final EIR and Draft MMRP, ECORP will prepare the Final EIR and MMRP. We will mail (or provide electronically) the Final EIR to the required agencies and individuals at least 10 days prior to the City's certification of the Final EIR, as required by CEQA. We have assumed printing of two (2) Fina! El Rs. We will also prepare ten (10) electronic copies for the City in PDF format on compact discs (or thumb drives).
1,. ,,~ECORP Consulting, Inc.
$ E:-1\'IRON~lE:-ITAL ('0N$!1!.TANTS
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March 8, 2023 • 33
P23-088
Proposal for the City of Irwindale
Speculative Concrete Tilt-Up Building (15715 Arrow Highway) Environmental Assessment Deliverables:

Final EIR (Word and PDF)
Two (2) hard copies of Final EIR
Ten (10) compact discs or thumb drives with the Final EIR Task El 1 - Statement of Overriding Considerations/Findings ECORP will prepare findings to allow for certification of the EIR. The findings will summarize significant impacts, present mitigation measures required to reduce impacts to less-than-significant levels, identify the environmentally superior alternative, and permit adoption of the MM RP. If necessary, a Statement of Overriding Considerations (SOOC) will be prepared, in accordance with Section 15093 of the CEQA Guidelines.

Deliverables:

Draft and Final SOOC/Findings
Task E12 - Meetings, Project Management, and Nollce of Determination The scope for the E!R City Meetings is the same as that described under the IS/MND option above (Task 8). It should be noted that the Notice of Determination (NOD) fee for an EIR is greater than for and IS/MND. Fees associated with the NOD (in 2023) are as follows:

NOD - County filing fee of $75.00 and CDFW CEQA environmental document filing fee of $3,839.25 (EIR).

The County filing fees and the CDFW fee are included in the cost Deliverables:

NOD (one scanned and stamped electronic file in PDF)
Evidence of payment of the County filing fee and the CDFW fee (one scanned electronic file in PDF)

D - CONFLICT OF INTEREST
ECORP and our subconsultants have no financial, business, or other relationships with the property owner and applicant Rexford Industrial Realty, Inc.

E - LIMITS OF GENERAL AND PROFESSIONAL LIABILITY

INSURANCE
See ECORP's Conflict of Interest statement above. We are aware of no interests to be disclosed from any source that could either give the appearance of a conflict or cause speculation as to the objectivity of ECORP as the preparer of the EIR.
,,li» ECORP Consult1ng, 1nc. E.'l\'IRONMEC'<TAL C'ONSlll.Ti\N"'f'!i - 22 -
March 8, 2023 • 34
P23-088
EXHIBIT "B"

SPECIAL REQUIREMENTS
THERE ARE NO SPECIAL REQUIREMENTS FOR THIS CONTRACT.
- 23 -
EXHIBIT "C"

SCHEDULE OF COMPENSATION/BUDGET
I. Consultant's proposed budget for services related to the IS/MND is as follows:

B. ECORP'S TOTAL COST TO PERFORM THE WORK IN ITS

ENTIRETY
As indicated by Table 2. the total cost for preparation of an Initial Study, Technical Studies, and Mitigated Negative Declaration (MND) is $173,212. The total cost for preparation of an Initial Study, Technical Studies, and EIR is $290, 111 (Table 3).

Task 1 - Kickoff Meeting $930
Task 2- Technical Reports

2.1 - Air Quality & Greenhouse Gas Emissions Assessment (ECORP) $6,635

2.2- Construction Health Risk Assessment (ECORP) $3,924

2.3-0perational Health Risk Assessment (ECORP) $4,734

2.4 - Biological Resources Due Diligence Assessment and Report (ECORP) $4,111

2.5- CiJ\t.ral Resources Inventory (ECORP) $7,364

2.6 - Energy Consumption Assessment (ECORP) $2,940

2.7 - Peer Review of .Applicant-Prepared Gectechnlca! Report (Groop Delta) $3,262

2.8- Phase I Environmental Site Assessment (Group Delta) $6,510

2.9- Hydrology!Orainage Analysis Peer Review {PACE) $16,646

2.10-Water Quality Analysis Peer Review (PACE) $16,648

2.11 - Noise lmpaot Analysis (ECORP) $7,830

2.12- Paleonloiogical Resources Assessment (ECORPJ $4,226

2.13- Traffic Stud}' {KOA) 123,982
Task 3-AB 52 ConsullalionAssistance $5,300
Task 4- Prepare CEQA Initial StudylMND $26,000
Task 5- Prepare Public Review l:Xaft MND $7,842
Task 6- Prepare Responses lo Comments, Final IS/MND and MMRP $12,500 Task 7- Notice of Determination $900
.a ~ ECORP Consulting, Inc. March 8, 2023 • 3
P23-0BB El'VIROCHIFXTAL <'(t:-IS\•l lAI' f~
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II. Consultant's proposed budget for services related to EIR, if needed, is as follows:

Table 3 - Cost Breakdown - EIR
Activity Cost
Task E (Option 2) - Prepare EIR
Task E1 -Kickoff Meeting $930
Task E2-Technlcal Reports
E2.1 - Air Quality & Greenhouse Gas Emissions Assessment (ECORP) $6,635 E 2.2 -Construction Health Risk Assessment (ECORP) $3,924 E2.3-0perational Health Risk Assessment (ECO RP) $4,734 E2.4- Biological Resources Due Diligence Assessment and Report (ECORP) $4,111 E2.5 - Cultural Resources Inventory (ECORP) $7,364
E2.6 - Energy Consumption Assessment (ECO RP) $2,940
E2.7 - Peer Review of Applicant-Prepared Geotechnlcal Report (Group Delta) $3,262 E 2.8- Phase I Environmental Site Assessment (Group Delta) $6,510 E2.9 - Hydrology/Drainage Analysis Peer Review (PACE) $16,646 E 2.10-WaterQuallty Analysis Peer Review(PACE) $16,646
E2.11 - Noise Impact Analysis (ECORP) $7,830
E 2.12 - Paleonto!oglcal Resources Assessment (ECORP) $4,226 E2.13- Traffic Study (KOA) $23,982
Task E3 -AB 52 Consultation Assistance $5,300
Task E4 -Prepare CEQA Initial Study $26,000
Task ES- Notice or Preparation/Scoping Meeting $9,839
Task E6 -Adminislrative Draft EIR $56,250
Task E7 -Public Review Draft EIR and Notices $23,172
Task ES -Public Meeting $4,993
Task E9 -Mninistrative Final ElR/Draft MMRP $23,770
Task E10-Final EIRIFinal MMRP $8,070
Task E 11- Statement of Overriding Considerations/Findings $10,260 Task E12-Meetings, Project Management, and Notice of Determination $12,717 Cost Assumptions
Schedule estimates are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by the City's needs and other circumstances. ECORP Consulting, Inc. will perform the services and accomplish the objectives within the presented costs and schedule. However, if the scope of work or ~- ;,,_,4(;1!.: ECORP Consulting, Inc.
jj f.'1\-"lRONMf.NT,\L l'ONSl:l.TANTS
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March 8, 2023 • 4
P23-088
Ill. The compensation for the Services shall not exceed the Contract Sum and total compensation for all Services during the Term of this Agreement shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
a. Line items for all the work performed, the number of hours worked, and the hourly rate.
b. Line items for all materials and equipment properly charged to the Services. c. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
d. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The compensation for the Services shall not exceed the Contract Sum and total compensation for all Services during the Term of this Agreement shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement. - 26 -
EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
I. Consultant shall perform the Services and deliver the tangible work products, in accordance with the schedules below:

G - SCHEDULE OF SERVICES
ECORP is confident we will meet the time frame for the completion of the required CEQA document as detailed in the schedule below. The 30·day AB 52 (for Native American consultation) response period and any related tribal consultation will need to be completed prior to the start of the public review period.

Revised Administrative Draft IS/MND
Distribute Public Review Draft ISIMND 3Q.da Review
Public Hearin s
Revise Administrative Draft EIR
Distribute Draft EIR, NOC, NOA
Draft EIR Public Review 45 da s
Res onse to Comments and MMRP
Cit Review
Administrative Final EIR, Draft Findings and Statement of Overridin Considerations if necessa
Final EIR
Public Heann s
·> .:~> T\!li. ECORP Consulting, Inc. JI ~ E:'-lVlRON~!ENTAL CONS!lt.TANTS - 28 -
Week 15
Week 19
Weeks 20.21
Week23
TBD
Week 18
Week 19-20
Week22
Week24
Week 31
Week32
Week 33-35
Week3B
Week40
TBD
March 8, 2023 • 36
P23·088
DCity Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
City of

IRWINDALE

AGENDA REPORT
Date:. September 13, 2023
CC Item 14
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Introduction and First Reading of Ordinance No. 772 Pertaining to Adoption of Chapter 9.18 of Title 9 of the Irwindale Municipal Code Related to the Regulation of Unmanned Aircraft Systems and Drones
City Manager's Recommendation:

It is recommended that the Irwindale City Council introduce for first reading by title only with further reading waived Ordinance No. 772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING CHAPTER 9.18 ("DRONES AND UNMANNED AIRCRAFT SYSTEMS") TO TITLE 9 ("PUBLIC PEACE, MORALS AND WELFARE") TO THE IRWINDALE MUNICIPAL CODE RELATED TO THE OPERATION

OF DRONES AND UNMANNED AIRCRAFT WITHIN THE CITY OF IRWINDALE AND ADOPTING CALIFORNIA CIVIL CODE SECTION 1708.8, CALIFORNIA PENAL CODE SECTION 402, SECTION 44809 OF UNITED STATES CODE TITLE 49, AND PART 107 OF UNITED STATES CODE OF FEDERAL REGULATIONS TITLE 14 BY REFERENCE" Administrative Action:

Submitted & Prepared by:

Adrian R. Guerra, City Attorney Electronically Approved Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

Previously, the City Council requested that the City Attorney provide guidance and information as to the City's authority to regulate the operation of unmanned aircraft systems ("UAS"), better known as "drones," within City boundaries. This information was presented by the City Attorney's Office at the February 8, 2023 City Council meeting. At the January 8 meeting, the City Council directed that staff and the City Attorney draft a proposed ordinance regulating drones within the City's limited authority.

At the March 9, 2023 City Council meeting, staff and the City Attorney presented additional information regarding drone regulations adopted by other California cities and municipal agencies. This information was intended to further inform and guide the City Council in discerning what drone regulations, if any, would be appropriate for the City.

The City Council directed staff and the City Attorney to draft a proposed ordinance regulating drones that modeled regulations in the cities of Calabasas, Chula Vista, Lake Forest, Oxnard, Yorba Linda and Barstow, considering allowing commercial uses. The Council also directed that the proposed ordinance shall adopt existing state and federal drone regulations.

At the July 26, 2023 City Council meeting, staff presented two versions of the proposed ordinance to the City Council for review, comment, and further direction. The two versions of the ordinance were practically identical; one version banned all drone flight within the City's residential zone, and the second version banned drone flight within 50 feet of a public right-of-way. Staff asked that the City Council consider both options and provide further direction. Staff also requested that the City Council discuss and provide direction on whether any regulations should be imposed on other manners in which drones are used, such as private businesses filming construction, using a drone without capturing any recording or photos, strictly recreational purposes, etc.

The City Council directed staff to move forward with preparing the proposed ordinance banning all drone flight within the City's residential zone for formal introduction and first reading. As the proposed ordinance would adopt sections of the California Civil Code, California Penal Code, United States Code, and United States Code of Federal Regulations by reference, a noticed public hearing will be set and held after the first reading to amend, adopt, or reject the ordinance. The notice period shall be at least fourteen (14) days before the public hearing. Notice shall be published once a week for two successive weeks.

ANALYSIS
The proposed ordinance would add Chapter 9.18 "Drones and Unmanned Aircraft Systems" to the Irwindale Municipal Code. Chapter 9.18 would define "unmanned aircraft system (UAS)" and regulate their operations within the City.

This ordinance would apply to drones used recreationally and for business uses, and those used with and without the ability to capture video and images. Common uses for drones beyond recreational flight include professional videography and photography, filming construction on a property, traffic and weather monitoring, and delivery services.

Specifically, the ordinance would forbid persons from operating UAS under the following circumstances:
01005.0001/911989.2
• Outside of the person's visual line of sight.
• Within 25 feet of another individual, except the operator or the operator's designee.
• For Commercial Purposes in the City unless the operator has first obtained a City business license.
• On private property without the consent of the property owner. • To capture or record images or video, or engage in the activity of filming, videotaping, or producing images or video without a City film permit. • To record or transmit any visual image or audio recording of any person or private real property when the person or owner has a reasonable expectation of privacy.
• To peek into a door or window of any inhabited building or structure without visible or lawful business with the owner or occupant.
• At any special event or temporary use without the approval of a temporary use permit by the City.
• Within the residential zones of the City.
• Within any City park or recreation area except when authorized by City permit. • That has any type of weapon attached to it.
• In violation of any orders or directives issued by the FAA. • In a careless or reckless manner so as to create a substantial risk of serious injury to any person or substantial risk of damage to the property of another. • More than 400 feet above the earth's surface, unless within 400-foot radius of a structure and not more than 400 feet above the structure's uppermost limit. • Within 500 feet of any active law enforcement or emergency response event, emergency vehicle operating with lights and/or sirens, and/or any law enforcement facilities.
• Within 200 feet of a school facility without prior authorization of school officials. • Within 100 feet of any public building or facility without a City permit. • On any property in the City official sunrise for local time and 10:00 P.M. 01005.00011911989.2
Some of these regulations are enumerated in the ordinance, while others reflect state and federal regulations that will be adopted by reference under the ordinance.

Any person who initially violates any provision of this chapter would be subject to a verbal or written warning by a peace officer. Subsequent violations of the Chapter would be a misdemeanor and/or a nuisance that may be abated, as applicable under the Irwindale Municipal Code.

The Ordinance would take effect 90 days after its adoption, in order to provide the City with opportunity to educate the public with respect to the new drone regulations prior to implementation.

Drones operated by any law enforcement agency for lawful purposes or by the City or city-contracted agent/agency engaging in City business would not be subject to this Ordinance.

FISCAL IMPACT
None.

Decision Maker Conflicts:

None.

Attachments:

Exhibit A - Ordinance No. 772 Adopting Chapter 9.18 "DRONES AND UNMANNED AIRCRAFT SYSTEMS" to the Irwindale Municipal Code
01005.0001/911989.2
ORDINANCE NO. 772

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ADDING CHAPTER 9.18 ("DRONES AND
UNMANNED AIRCRAFT SYSTEMS") TO TITLE 9 ("PUBLIC
PEACE, MORALS AND WELFARE") TO THE IRWINDALE

MUNICIPAL CODE RELATED TO THE OPERATION OF

DRONES AND UNMANNED AIRCRAFT WITHIN THE CITY

OF IRWINDALE AND ADOPTING CALIFORNIA CIVIL CODE
SECTION 1708.8, CALIFORNIA PENAL CODE SECTION
402, SECTION 44809 OF UNITED STATES CODE TITLE 49,
AND PART 107 OF UNITED STATES CODE OF FEDERAL
REGULATIONS TITLE 14 BY REFERENCE
WHEREAS, a city has the power make and enforce regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals, or the public safety; and WHEREAS, in executing that power, a city council may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the use of Unmanned Aircraft Systems ("UAS"), otherwise known as drones, for both business use and recreational use has been rising significantly within the City; and
WHEREAS, the increased use of drones gives rise to certain concerns regarding public safety, public nuisance, and privacy among City residents; and WHEREAS, the Irwindale Municipal Code ("IMC") currently does not regulate the use of drones for either business use or recreational use, leaving residents largely unprotected from these certain risks and concerns; and
WHEREAS, the Federal Aviation Administration ("FAA") has promulgated certain regulations regarding the use of drones, and the City Council desires to empower local public safety officers to support and uphold these regulations on a local level; and WHEREAS, the State of California has also promulgated certain regulations regarding the use of drones, which the City Council desires to empower local public safety officers to support and uphold these regulations on a local level; WHEREAS, the City Council also desires to incorporate drone usage into existing permitting and licensing requirements under the IMC Chapters 5.04, 9.65, and 17.88; and 01005.0001/911969.3
WHEREAS, the City Council wishes to promulgate additional regulations addressing local concerns regarding public safety, public nuisance, and privacy among city residents, in order to ensure proper operation of drones within the City's jurisdiction; and WHEREAS, on September 13, 2023, the City Council conducted a legally noticed public hearing for this Ordinance, and has considered all oral and written testimony from members of the public and City staff, including, but not limited to, all staff reports and exhibits and accompanying documents; and
WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference.

SECTION 2. The City Council hereby adds a new Chapter 9.18, entitled "DRONES AND UNMANNED AIRCRAFT SYSTEMS," to Title 9 of the Irwindale Municipal Code to read in its entirety as set forth below:
"CHAPTER 9.18- DRONES AND UNMANNED AIRCRAFT SYSTEMS

9.18.01 O - Purpose.

The purpose of this chapter is to regulate the operation of unmanned aircraft, commonly known as drones, which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground. Imposing community-based safety requirements on the operation of model Unmanned Aircraft Systems ("UAS") and imposing restrictions on the operation of both model UAS and civil UAS consistent with both Federal Aviation Administration ("FAA") rules and state law is necessary to mitigate risks and to protect the public from the hazards associated with the operation of unmanned aircraft. All regulations herein are intended to protect the health, safety, and welfare of the public and specific areas of local municipal concern where a drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating unmanned aircraft systems in compliance with all applicable FAA rules and any applicable state or local laws, and outside of prohibited areas. This chapter is not intended to preempt FAA rules or applicable state or local laws, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAA's and the state's enforcement capabilities.

9.18.020 - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
01005.00011911969.3
"Civil UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency.
"Commercial Purposes" shall mean the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant, lessee or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. "Drone" refers to any UAS.
"Emergency" shall mean a condition or situation involving injury to persons, damage to property, or peril to the safety of persons or property, which results from a fire, an explosion, an airplane crash, flooding, windstorm damage, a railroad accident, a traffic accident, a powerplant accident, a toxic chemical or biological spill, or any other natural or human-caused event.
"Emergency response" shall mean any effort by first responders to save lives, reduce property damage, and/or reduce human suffering in response to an emergency. "FAA" refers to the Federal Aviation Administration.
"Model UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes. "Operate" shall mean to fly, takeoff, land, hover, record with, photograph with, video with, or in any other way run or cause to function some part of any UAS. "Person" shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. "Public UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any public agency or city-contracted agent/agency for government related purposes. "Unmanned aircraft" shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft.
"Unmanned aircraft system (UAS)" shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft.
"Visual line of sight" shall mean that a person operating an unmanned aircraft has an unobstructed view of the unmanned aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the unmanned aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight to the unmanned aircraft, except as otherwise permitted by federal law. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" of the unmanned aircraft do not constitute visual line of sight of the person operating the unmanned aircraft. 01005.0001/911969.3
"Weapon" shall mean any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

9.18.030 - General Regulations.

The following shall apply to the operation of any model UAS or civil UAS within the City of Irwindale:

A. It is unlawful to operate a civil UAS for Commercial Purposes in the City unless the operator has first obtained a City business license under 5.04.020, for such commercial flight operation purposes.

B. It is unlawful to operate a model UAS or civil UAS within the City of Irwindale to capture or record images or video, or engage in the activity of filming, videotaping, or producing images or video for either Commercial Purposes or temporary use purposes as defined in Chapter 17.88, unless the operator has first obtained a City film permit as defined under Section 9.65.030 for such flight operation purposes.

C. It is unlawful to operate a model UAS at a special event or temporary use permitted within the City of Irwindale pursuant to Chapter 17.88, unless the operator has first obtained a City temporary permit as defined under Section 17.88.030 for such flight operation purposes.

D. It is unlawful to operate any model UAS or civil UAS within any City park or recreation area, except with a City authorized permit as set forth in this Chapter.

E. No person shall operate any model UAS or civil UAS within the City of Irwindale other than during daylight hours defined as between official sunrise for local time and 10:00 PM.

F. Excluding takeoff and landing, no person shall operate any model UAS or civil UAS within the City of Irwindale closer than twenty-five (25) feet to any individual, except the operator or the operator's helper(s).

G. No person shall operate an unmanned aircraft within a residential zone in the City.

H. No person shall operate an unmanned aircraft in a manner that harasses, startles, or annoys pedestrians or vehicles, or threatens their safety and welfare.

I. No person shall takeoff, land or operate a model UAS or civil UAS within one thousand five hundred (1,500) horizontal feet of any manned or unmanned aircraft.

J. No person shall takeoff or land a model UAS or civil UAS within five hundred (500) feet of any county or city owned jails, holding facilities, or law enforcement facility.

This prohibition does not apply to those operating public UAS, or law enforcement or public safety agencies.
01005.00011911969.3
K. No person shall takeoff, land or operate a model UAS or civil UAS within two hundred (200) feet of a school facility without prior notification and authorization of school officials.

L. No person shall takeoff, land or operate a model UAS or civil UAS within one hundred (100) feet of any public building or facility without a City film permit defined under Section 9.65.030, special event or temporary use permit defined under Section 17.88.030, or busines license under Section 5.04.020, for such flight operation purposes.

M. No person shall operate a model UAS or civil UAS that has any type of weapon attached to it.

N. Any person operating a model UAS or civil UAS under a valid City business license, film permit, special event or temporary use permit shall keep the permit on their person at all times while operating said UAS, and present the license or permit to any peace officer immediately upon request.

9.18.040 - Invasion of Privacy.

California Civil Code § 1708.8, as amended from time to time, is adopted as section

9.18.040 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.18.050 - Emergency Responders.

California Penal Code § 402, as amended from time to time, is adopted as section

9.18.050 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.18.060 - Limited Recreational Operations of Unmanned Aircraft 49 U.S.C. § 44809 subsection (a) and subsection (g), as amended from time to time, are adopted as section 9.18.060 of the Irwindale Municipal Code as though set forth in full.

Three copies of the code section are on file in the office of the city clerk of the city.

9.18.070 - Small Unmanned Aircraft Systems.
14 C.F.R. Part 107, as amended from time to time, is adopted as section 9.18.070 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.18.080 - Exemptions.
01005.0001/911969.3
The prov1s1ons of this chapter shall not apply to any Public UAS flown by non-law enforcement agencies or non-public safety agencies, or UAS weighing less than 0.55 lbs.

9.18.090. - Use by Public Safety Agencies.

This chapter shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies.

9.18.100 - Violations; Penalties.

Any person who initially violates any provision of this chapter will be subject to a verbal or written warning by a peace officer. Any person who subsequently violates any provision of this chapter is guilty of a misdemeanor and maintaining a nuisance, punishable as provided in sections 1.12.010 and 1.12.040 of this Code." SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.

SECTION 4. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 90 days after its final passage. City Staff are directed and authorized to inform and educate the public regarding the adoption of this Ordinance prior to its taking effect.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 12th day of September, 2023.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.00011911969.3
H. Manuel Ortiz, Mayor

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF IRWINDALE )
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 772 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on August 23, 2023, and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on September 12, 2023, and was carried by the following-roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

AFFIDAVIT OF POSTING
Laura M. Nieto, MMC
Chief Deputy City Clerk
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 772 adopted by the City Council of the City of Irwindale at its regular meeting held September 12, 2023, to be posted at the City Hall, Library, and Post Office on , 2023.

Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.00011911969.3
131City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
I CC Item 15
IllWINDAL;::-o~-------' AGENDA REPORT
Date: September 13, 2023
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Amendments to City Donation Policy
City Manager's Recommendation:

Discuss and provide direction to staff relating to possible amendments to the City's Donation Policy.

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Iris Espino, Assistant to the City Manager
Reviewed by:

Adrian Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
01005.0001/921211.1
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Electronically Approved
Background and Analysis:

Per Resolution 2009-06-2364, the Irwindale City Council adopted the City of Irwindale Donation Policy, which allows the City Council to consider and approve requests/applications for donations from City residents and appropriate non-profit entities that serve the City communities. All applications for donations must be considered and approved by the City Council, pursuant to the terms of the Policy. All applications for donations must abide by the requirements spelled out in the Policy.

In order for an application for donation to be approved under the Policy, the applicant must be either 1.) a current resident of Irwindale, or 2.) an organization that is recognized by the Internal Revenue Service as a not-for-profit organization, charitable organization or athletic, academic or social non-profit student organization established by any elementary, middle or high school serving Irwindale residents. Any organization must also have a minimum of twenty percent (20%) Irwindale residents or businesses that either actively participate in the organization or benefit from the requested donation.

Applicants must establish, through documentary proof, that the requested donation will

1.) benefit the community of Irwindale; 2.) provide a public service or otherwise promote the public health, safety, and welfare of the residents of Irwindale; or 3.) if the request is made for or by a religious organization, that it primarily serve a secular purpose that neither advances or inhibits any religion and avoids excessive entanglement by the City in any religion or religious purpose.

Applications shall be considered by a Donations Committee appointed by the Mayor comprising of two (2) members of the City Council and one (1) City Manager representative. The Committee shall determine whether all applications for donations meet the criteria of the policy. If so, the Committee recommends the total dollars to be donated per application, and recommends approval or denial of the donation.

The Donations Policy currently does not allow the Donations Committee to recommend an application for approval that does not meet the strict minimum criteria outlined in the Policy. The Policy also does not allow City Council to waive any part of the required criteria in order to approve an application that does not meet all of the criteria outlined in the Policy. Staff is recommending that the City Council review the current Donation Policy and assess whether the Policy should be amended in any way, including to allow cooperation with other governmental entities, and consider whether a clause should be added that permits waiver of the strict requirements of the policy if the Council deems it to be a hindrance to the advancement of the purposes as set forth in the policy.

For example, on July 11, 2023, Mayor H. Manuel Ortiz received a request, attached as Exhibit B, from Mayor German Cervantes Vega of Salvatierra, Guanajuato for a donation of an ambulance to the city of Salvatierra to help fortify the health services provided to the community. Salvatierra, Guanajuato is the City of lrwindale's sister city. Mayor Vega's application for a donation does not currently meet the required criteria under the City's 01005.0001/921211.1
Donation Policy, which currently disallows the City from considering or approving the request. In light of Mayor Vega's current request, and in anticipation of possible future requests from other parties who similarly do not currently meet the City's Donation Policy requirements but make requests that nonetheless would further the policy's goals, staff is recommending that the City Council direct staff, in consultation with the City Attorney's Office, to evaluate the policy and provide recommendations for amendments to the current Donation Policy.

Fiscal Impact:

None
Attachments:

Exhibit A - City of Irwindale Donation Policy
Exhibit B - Letter from Mayor German Cervantes Vega of Salvatierra (7/11/23) 01005.0001/921211.1

CITY OF IRWINDALE DONATION POLICY
The City Council of the City of Irwindale would like to promote community, charitable and similar activities in the City that yield an appropriate public purpose, consistent with the provisions of the California Constitution, Art. XVI, sec. 6. To achieve this goal, the City is implementing this Donation Policy to encourage all appropriate non-profit entities to participate in and promote events that are beneficial to the community or otherwise provi<;ie a valid and substantial public purpose within the mission of the City. All donations must be considered and approved by the City Council, pursuant to the terms of this Policy.

1. Application Process. The requested donation must meet the criteria set forth at Section 4 below. All applications must explain, in sufficient detail for the City to understand, all of the following information:
a. If the applicant is an entity, it must disclose the nature of the organization and confirm its non-profit status. The applicant must also demonstrate the designated goals and objectives of the organization.
b. If the applicant is an individual, he/she must provide proof of current residency in Irwindale.
c. The application must demonstrate how the requested donation benefits Irwindale and meets the criteria set forth in Section 4 below. d. The application must demonstrate how the funds or item of value will be used.

2. Committee to Consider Applications. The City Manager shall convene a Donations Committee appointed by the Mayor comprising of two (2) members of the City Council and one (1) City Manager representative. The Donations Committee shall perform the following duties:
a. Review all applications received by the. City and determine which applications meet the criteria in this policy for eligibility to be recommended to the City Council;
b. Based on the City's availability of funds, recommend the total dollars to be donated by the applications that qualify for donations under this Policy, and any other criteria the Donations Committee may consider in its discretion.
c. Recommend to the City Council approval or denial of the requested donation for each application the Donations Committee believes meet the criteria of this Policy, and provide the reasons for such recommendation.

Resolution No. 2009-06-2364

Page 3 ends

Irwindale City CouncilSeptember 13, 2023

Irwindale City Council
September 13, 2023