CITY OF POMONA
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This SECOND AMENDMENT to the Professional Services Agreement for professional engineering consulting services (“SECOND AMENDMENT”) is hereby entered into on this 1st day of November 2025 by and between the City of Pomona (the “CITY”) and Dudek (the “CONSULTANT”), referred to herein jointly as the “PARTIES.”
RECITALS
WHEREAS, on April 6, 2020, City Council approved a Professional Services Agreement (“AGREEMENT”) with CONSULTANT for the “Water Resources Building” Project No. 575-81252- XXXXX-93135 (“PROJECT”) for the preparation of the California Environmental Quality Act (CEQA) analysis and an environmental analysis related to the incorporation of the City’s historic Stable into the Water Resources office building design, in the amount of $197,120; and WHEREAS, the CITY and CONSULTANT subsequently executed said Agreement, which is attached hereto as Attachment 1, and incorporated herein by this reference; and WHEREAS, on October 17, 2022, the City Council approved the First Amendment to the AGREEMENT to include design services for a soil vapor barrier needed to comply with environmental guidelines for the Project, thereby increasing the AGREEMENT amount by $36,250, for a new contract amount of $233,370; and
WHEREAS, the Parties now wish to enter this SECOND AMENDMENT to add additional scope and increase the compensation by $21,980.10, for a new total contract amount of $255,350.10.
NOW, THEREFORE, the Parties hereby agree as follows:
AMENDMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Amendment to Section 3.3.1 of the Agreement. Section 3.3.1 is hereby amended to read as follows:
“3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursement, for all Services rendered under this Agreement at the rate set forth in Exhibit “C- 3” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Fifty-Five Thousand Three Hundred Fifty Dollars and Ten Cents ($255,350.10) without City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rate and manner set forth in this Agreement.”
3. Changes to Exhibits. Exhibits “A” and “C” to the Agreement were amended to include “Attachment 2” and “Exhibit C-2” by the First Amendment of the Agreement. Exhibits “A” and “C” are further amended by this SECOND AMENDMENT to include “A-3” and “C-3” attached hereto and incorporated herein by this reference, and reflect the additional services to be provided under this Attachment No. 2
SECOND AMENDMENT. For convenience, all of the above referenced exhibits are attached to this SECOND AMENDMENT. 4. No other Changes. Except as amended by this SECOND AMENDMENT, all provisions of the AGREEMENT shall remain in full force and effect, and shall govern the actions of the Parties under this AGREEMENT. 5. Counterparts. A manually signed copy of this SECOND AMENDMENT, which is transmitted by facsimile, email, or other means of electronic transmission, shall be deemed to have the same legal effect as delivery of an original executed copy of this SECOND AMENDMENT for all purposes. 6. Severability. If any part of this SECOND AMENDMENT is held to be unlawful or void, all other parts of this SECOND AMENDMENT shall remain effective. IN WITNESS WHEREOF, the PARTIES hereto have executed this SECOND AMENDMENT as of the date set forth above to be executed by their duly authorized representatives and affixed as of the date of the signatures of the PARTIES: CITY OF POMONA DUDEK By: Anita D. Scott City Manager Date: By: Its: Printed Name: Date: ATTEST: By: City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney
EXHIBIT “A”SCOPE OF SERVICES 1 Project Background and Approach Project Background The Mitigated Negative Declaration (MND) prepared for the Project, without the Stable incorporated with it, evaluated the remediation of contamination associated with a former manufactured gas plant (MGP) followed by construction of a new, consolidated water and wastewater operations corporate yard facility on the site of the existing corporate yard facility, located at 148 North Huntington Street in the City of Pomona. Since adoption of the MND and approval of the project, remediation is underway and the City Council has requested that Pomona Stables, located east of the project site, be relocated and reconstructed and incorporated onto the Corporate Yard site. The original design of the Corporate Yard project will be modified to accommodate the incorporation of the reconstructed Pomona Stables onto the project site. As such, the City is embarking on an environmental review in support of this change to the project description. Project Approach City will provide design documentation for incorporation in the architectural drawings and specifications and will have an architect support the construction phase of the project, including: Field work and initial building documentation; Design guidelines and sample drawings for reconstruction and incorporation of salvaged materials based on the form, features, and detailing of the original building; Protection and removal plans for salvaged materials; Treatment specifications for salvaged materials; Review of design development drawings; Review of construction implementation and response to requests for information (RFls); and Site observations during construction. City's architect will, in coordination with Consultant, and any other resources deemed necessary by City to provide compliance oversight, including: Field work and memo identifying the Character Defining Features (CDF's); Background historic research and documentation; Review of design development drawings; Memo of compliance of the construction documents with Standards; Memo of compliance for construction; and, Signage Plaque documenting compliance with Standards for the building. Consultant shall complete an Environmental Impact Report (EIR) to analyze Project impacts to historical resources associated with the reconstruction and relocation of the NRHP-listed Pomona City Stable building. According to the State Office of Historic Preservation: Relocation of an historical resource may constitute an adverse impact to the resource. However, in situations where relocation is the only feasible alternative to demolition, relocation may mitigate below a
level of significance provided that the new location is compatible with the original character and use of the historical resource and the resource retains its eligibility for listing on the California Register (14 CCR§ 4852(d)(1 )). In addition to analyzing the project as proposed, alternatives to relocation/reconstruction of the Stables building will be analyzed in the EIR in order to demonstrate that relocation/reconstruction is the only feasible alternative to demolition. 2 Scope of Work Task 1 Historical Resources Conformance Review The following tasks shall be completed by Consultant in support of the Conformance Review analysis to be integrated into the EIR prepared for the proposed project. Task 1.1 Survey Consultant's architectural historians will survey the Stables building, taking detailed notes and photographs of character defining features, spatial relationships, alterations, integrity concerns, and the overall existing conditions of the property. Interior access is desired, but only if the building is safe to occupy. The architectural historians will also survey the area proposed for relocation in order to assess existing conditions of the proposed relocation site. The survey will require no more than two (2) architectural historians working no more than one field day to complete. Task 1.2 Report Summarizing Significance and CDFs Following the survey, Consultant will conduct background research to supplement the original NRHP nomination form in order to summarize the significance of the Stables building under NRHP Criteria A and C. Consultant will also compile a detailed list of all Character Defining Features (CDFs) that help the property to convey its significance under both Criteria. This document will be used as a road map to identifying what elements/features/materials need to be protected, salvaged, recreated, etc. as part of the proposed reconstruction process. This document will be shared with the City's architect team as part of the process of developing plans for the reconstruction, and considering the most significant aspects of the building. This document will also be used to help satisfy the written data component of Task 1.5. Task 1.3 Document Review and Coordination with Other Consultants Consultant shall coordinate with the City's architect and environmental consultant team in order to facilitate analysis of project impacts to historical resources in the Subsequent EIR. It is important that Consultant's architectural historian be involved/review all proposed project activities with respect to historical resources in order to help the project reach a finding of a less than significant impact to historical resources, and ensure conformance with the Standards. Consultant shall review and comment on all architect documents prior to finalization. This includes any design plans, treatment plans, assessments of historical significance, conformance reviews with the Standards, etc. A reasonable amount of hours for a qualified Consultant architectural historian to participate in meetings and phone calls with the City and its consultants shall be made available.
Task 1.4 Conformance Review for Reconstruction Once the City, Consultant, and the architect and environmental team reach a consensus on the proposed reconstruction design and plans, Consultant will prepare a conformance review memorandum that formally documents the project's conformance with the Standards for Reconstruction (assuming conformance will be achieved). The memorandum will include mitigation, as needed, to keep the project's reconstruction impact below a level of significance. We assume no more than one (1) draft and one (1) final version of the memo will be required. Task 1.5 Archival Documentation and Photography of the Stables Prior to reconstruction/relocation, Consultant may be requested to prepare a Historic American Building Survey (HABS)-level archival and photographic documentation of the Stables building. Given that the property will no longer maintain its original location, only a portion of its original materials, and will be essentially demolished and reconstructed, it is essential to document the building with detailed photographs prior to its reconstruction. If determined by City this Task is necessary, Consultant shall provide the described services identified within this Task. Photography Consultant will retain the services of professional photographer experienced in preparation of HABS photographic documentation. In accordance with the Secretary of the Interior's Guidelines for Architectural and Engineering Documentation (1983) and for Level I documentation, photography will consist of 4" x 5" large format, fully captioned photographs that clearly depict the appearance of the building and areas of significance. Prints shall accompany all negatives and a duplicate set of photos shall be prepared with a scale stick. Consultant assumes a maximum of 30 large format, black and white film views will be taken. Written Data Consultant shall prepare written data for the Stables building consistent with the requirements of the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation. This historical narrative will include two parts: 1) historical information regarding the building's physical history and historic context; and 2) architectural information regarding the building's architectural character and condition. Consultant shall prepare the written narrative using primary and secondary source information. A detailed bibliography of all sources consulted will be included at the end of the report. Note that much of this will overlap with Task 1.2 to avoid a duplication of efforts. Prepare HABS Package Upon completion of the above tasks, Consultant shall prepare the complete HABS package. Photographs will be processed on fiber-based paper, individually labeled in accordance with HABS Standards, and stored in acid-free sleeves. The remaining components of the HABS package including associated maps, photograph index, historical narrative, and any additional data will be printed on 8.5" x 11" archival bond, acid-free paper. The complete package will be stored in an acid-free archival quality folder. The final HABS package will be provided to relevant entities, as identified in coordination with the City. Three (3) final HABS packages will be prepared. This scope does not include submission to the Library of Congress (LOC) and does not include preparation of documentation in accordance with LOC archival standards. However, upon request by City, the final HABS package will be offered to the LOC as a donation.
Guidelines: Consultant is responsible for obtain all original plans, blueprints, documents, etc. needed to complete the reconstruction. Consultant is responsible for developing a protection plan for portions of the building that will be relocated/salvaged to be used as part of the reconstructed building. City shall review, comment, and approve on all Consultant documents prior to finalization. This includes any design plans, treatment plans, assessments of historical significance, conformance reviews with the Standards, etc. Consultant shall require its architectural historian to participate in meetings and phone calls with the City and its consultants at a reasonable level to meet the needs of the Project. Three (3) final HABS packages will be prepared. This amount does not include submission to the Library of Congress (LOC), which will be handled by City, and does not include preparation of documentation in accordance with LOC archival standards. Consultant's photography estimate is based on past experience with its photographer. If City desires additional photographs, estimates for this additional service will be provided to the City and approved if deemed necessary Consultant shall be required to provide three alternatives in the EIR if requested by City. Task 2 EIR Task 2.1 Project Initiation and Project Description At the onset of the project, Consultant will coordinate a project kickoff meeting with representatives from the City. The purpose of the kickoff meeting is to (1) compile the relevant background data and reports, (2) clearly define the proposed project for the purposes of the environmental analysis, (3) begin to compile a list of cumulative projects; (4) receive available technical studies, (5) discuss the project schedule and important assumptions for achieving the schedule, (6) identify all anticipated discretionary actions, (7) establish early communication among various project team members and the protocols for ongoing communication, and (8) familiarize the Consultant team with the issues and concerns that the City determines to be important issues for analysis in the environmental document. Upon receipt of available information from the City, Consultant will prepare a comprehensive project description, and will work with the City to establish a detailed description of all construction and operational components of the proposed project to verify that all necessary CEQA analyses can be undertaken based on realistic and defensible assumptions. The project description will also incorporate the overall concept of DTSC's RAW implementation, as the removal of contaminated soil must be completed prior to construction of the proposed project. The ultimate work product will include a description of the project location and environmental setting; a description of the existing site conditions and land use designations; a description of RAW implementation; and a description of the proposed construction and operational elements of the project. The project description will also include a statement of the proposed project's purpose and objectives, project phasing, responsible and interested agencies, and a list of required permits and approvals. Included within the project description will be graphics to depict the regional and vicinity locations, site plans, and other illustrations to assist the reader in understanding the proposed project. Consultant can assumes that once finalized, the project description will remain stable and therefore allow for technical analyses to be initiated.
Task 2.2 Initial Study Checklist/Notice of Preparation 2.2.1 Initial Study Checklist Consultant will prepare a draft IS/NOP for the proposed project using the City-approved checklist format that is consistent with the procedural and substantive provisions of Sections 15063 and 15082 and Appendices C, I-, G, and I of the CEQA Guidelines. The IS/NOP will be used to narrow the focus of the environmental issues addressed in the EIR. It is anticipated that the following CEQA issue areas will be sufficiently analyzed in the IS to allow their scoping out from further analysis in the EIR. Aesthetics Agriculture and Forestry Resources Geology and Soils Hydrology and Water Quality Land Use and Planning Mineral Resources Population and Housing Public Services Recreation Wildfire Consultant will provide the City with an administrative draft IS/NOP in electronic format. Once a consolidated set of review comments have been received from the project team, Consultant will incorporate all comments and submit (electronically only) a screencheck draft IS/NOP to the project team for final review before preparing the final IS/NOP for public review. It is anticipated that comments received on the screencheck draft IS/NOP will be minimal and mostly editorial in nature. Substantive comments requiring a second round of substantial edits will require an amendment to the budget proposed. A print-ready copy of the final IS/NOP in electronic format 0fvord and PDF) will be submitted to the project team for approval to print. 2.2.2 Circulate IS/NOP Once approved and printed, Consultant will distribute the IS/NOP to the State Clearinghouse and responsible agencies, trustee agencies, and any other interested parties pursuant to the mailing list provided by the City. For cost estimating purposes, Consultant may assume a total of 10 hard copies of the IS/NOP will be produced, and a total of up to 200 stand-alone NOP mailers will be sent to surrounding property owners. Consultant will be responsible for transmittal of the final NOP to the Los Angeles County Clerk, along with payment of applicable filing fees. If required, the City will be responsible for publication of the NOP in a local newspaper. To consolidate the overall project schedule, Consultant may begin preparation of the EIR technical studies during the 30-day public review period of the final IS/NOP. 2.2.3 OPTIONAL: Scoping Meeting In the event that the City elects to hold a public scoping meeting during the 30-day public review period of the IS/NOP, Consultant will attend and facilitate one scoping meeting for the proposed project. At the City's direction, Consultant shall present an overview of the project description and IS and the purpose of the scoping meeting, provide an overview of the CEQA process, and
answer questions raised by the public regarding the CEQA process and/or general questionsregarding technical and analytic methods. It shall be assumed that the City will coordinate the logistics for the scoping meeting, including reserving a meeting room location, providing translation services, and presentation materials describing or illustrating the project. Consultant will provide relevant meeting materials, including speaker cards, comment forms, and a sign-in sheet. Consultant will take notes regarding the issues raised by commenting individuals that should be addressed in the EIR. Following the scoping meeting, Consultant will provide a scoping meeting summary memorandum that summarizes the general nature of the verbal comments provided at the meeting. Deliverables Administrative draft IS/NOP: 1 electronic copy (Microsoft Word) and PDF Screencheck draft IS/NOP: 1 electronic copy (Microsoft Word) and PDF Final IS/NOP: 1 printed unbound camera-ready copy; 10 printed bound copies of IS/NOP; 10 CDs Production and mailing up to 200 stand-alone NOPs Presentation materials for scoping meeting Scoping meeting attendance Scoping meeting summary memorandum: 1 electronic copy (Microsoft Word) Task 2.3 Prepare Draft EIR 2.3.1 Administrative Draft EIR Consultant will prepare an Administrative Draft EIR that will include the project description developed under Task 2.1. The EIR will address the environmental issues in CEQA Guidelines Appendix G. The following is an outline of the content and specific sections to be included in the EIR analysis. Table of Contents Executive Summary Chapter 1 - Introduction Chapter 2 - Project Description Chapter 3 - Environmental Setting/Environmental Analysis/Mitigation o Section 3.1 - Air Quality o Section 3.2 - Biological Resources o Section 3.3 - Cultural Resources o Section 3.4 - Energy o Section 3.5- Greenhouse Gas Emissions o Section 3.6 - Hazards and Hazardous Materials o Section 3.7 - Noise o Section 3.8 -Transportation o Section 3.9 - Tribal Cultural Resources o Section 3.10 - Utilities and Service Systems Chapter 4 - Cumulative Impacts Chapter 5 - Alternatives to the Proposed Project
Chapter 6 - Other CEQA Requirements Chapter 7 - List of Preparers Appendices - Technical Resource Documents Table of Contents. The table of contents will contain a list of EIR contents, including text discussions and lists of tables and exhibits. It will also include a list of appendices that will be attached to the EIR. Executive Summary. Pursuant to Section 15123 of the CEQA Guidelines, the summary will contain an overview of the proposed project, including a list of required discretionary approvals. The summary will also include a summary of impacts and mitigation measures, known areas of controversy including issues raised by agencies and the public, and a summary of alternatives to the proposed project. Introduction. The Introduction chapter of the EIR will define the purpose, scope, and legislative authority of the EIR, CEQA requirements, and other pertinent environmental rules and regulations. This chapter will also describe the EIR process, structure, and required contents, as well as its relationship to other potential responsible or trustee agencies. It will include a description of land use and environmental planning efforts completed to date and how said planning efforts will impact the structure and content of the proposed EIR. This chapter will also describe the type of EIR and level of environmental review envisioned for this document. An overview of the El R's format, content, and processing requirements will also be provided in this chapter. Finally, a list of documents incorporated by reference will be included, as well. Project Description. This chapter will draw from the approved project description completed under Task 2 and describe the location of the project within the regional and local context. Per CEQA Guidelines Section 15124, the project description also will include a statement of objectives, a general description of the project's technical, economic, and environmental characteristics. The project description will include a discussion of the intended uses of the EIR and a list of permits and approvals required to implement the proposed project. Environmental Impact Analysis. Each environmental impact chapter will include the following sections. Environmental Setting Relevant Plans, Policies, and Ordinances Thresholds of Significance Methodology Impact Analysis Mitigation Measures Significance After Mitigation References Our approach to evaluating impacts related to each environmental topic to be included in the Draft EIR is summarized below. Air Quality. Local and regional climate, meteorology, and topography as they affect the accumulation or dispersal of air pollutants will be presented in the air quality assessment. Current air quality conditions and recent trends in the South Coast Air Basin, where the
proposed project is located, will be described on the basis of California Air Resources Board(CARB) and U.S. Environmental Protection Agency (EPA) annual air quality monitoring data summaries. Federal, state, and local regulatory agencies responsible for air quality management will be identified, and applicable federal, state, and local air quality policies, regulations, and standards will be summarized. Consultant will estimate criteria air pollutant emissions associated with the construction phase of the proposed project using the California Emissions Estimator Model (CalEEMod). The analysis of short-term construction emissions will be based on scheduling information (e.g., overall construction duration, phasing and phase timing) and probable construction activities (e.g., construction equipment type and quantity, workers, and vendor and haul trucks) developed by the Department, and/or standardized approaches. Consultant will then evaluate the significance of the construction emissions based on the SCAQMD significance criteria. It is assumed that construction of the project can be modeled in one CalEEMod construction run. Consultant will also assess the proposed project's potential to cause or contribute to exceedances of ambient air quality standards at sensitive receptors near the proposed project activities using the SCAQMD's localized significance thresholds (LSTs). A study of the impact of a vapor intrusion barrier must be conducted to demonstrate the material benefit to impact indoor air. For projects with a total site area of 5 acres or less, the assessment may use a simple "lookup table" approach provided by the SCAQMD. For budgetary purposes, it is assumed that the maximum daily area of disturbance will not exceed 5 acres for each construction phase; therefore, the LST assessment will use the lookup table approach provided by the SCAQMD and the construction emission estimates from CalEEMod. If onsite emissions generated during proposed construction activities would exceed the LSTs, then mitigation measures will be evaluated to reduce project-generated emissions below the LSTs. If mitigation is not available to reduce potential localized impacts, a refined LST analysis using a dispersion model (i.e., the American Meteorological Society (AMS)/EPA Regulatory Model (AERMOD) model) should be performed to more accurately estimate potential impacts to sensitive receptors within 500 meters of the project. This scope of services does not include a refined LST analysis, if later it is determined it is required, Consultant shall provide an estimate for the additional effort. Due to the nature of the proposed project and the close proximity (approximately 100 feet) of neighboring existing sensitive residential receptors, Consultant will prepare a health risk assessment of the emissions associated with toxic air contaminants (TACs), specifically diesel particulate matter (DPM) from heavy-duty trucks and off-road equipment during short-term construction. This analysis is included in Optional Health Risk Assessment Task. CalEEMod will also be used to estimate project-generated operational criteria air pollutant emissions associated with energy and area sources. Energy and area source emissions (e.g., natural gas combustion and consumer products) will be estimated using the default values in CalEEMod for the proposed land uses. Project-specific values will be used in place of CalEEMod default values when available. If on-road vehicular activity is anticipated to increase, Consultant will estimate mobile source (i.e., worker vehicles and heavy-duty trucks) emissions in CalEEMod using the trip generation rates and additional necessary trip characteristics provided in the traffic report to be prepared for the proposed project. The estimated operational emissions will be compared to the significance thresholds established by the SCAQMD. Furthermore, based on the proposed land use, it is not anticipated that operation of the proposed project would require use of stationary sources (e.g., emergency generators). Nonetheless, Consultant can evaluate stationary source emissions and potential health risk under a separate scope and budget if determined to be required.
Consultant will evaluate whether traffic associated with the proposed project could lead to potential exposure of sensitive receptors to substantial localized concentrations of air pollutant emissions, specifically carbon monoxide (CO) "hot spots." The qualitative assessment will be based on the traffic report prepared for the proposed project and applicable screening criteria recommended by the SCAQMD and/or the California Department of Transportation. For budgetary purposes, it is assumed that the study intersections would not exceed the applied screening criteria and a quantitative CO hotspots analysis would not be required. Additional Appendix G thresholds will also be evaluated, including the potential for the proposed project to expose sensitive receptors to substantial pollutant concentrations, to cause objectionable odors, or to impede attainment of the current SCAQMD air quality management plan. OPTIONAL: Health Risk Assessment. During construction, DPM from heavy-duty trucks and any onsite off-road equipment would be generated. Consultant shall use AERMOD, which is required by the SCAQMD to conduct dispersion modeling, and CARB's Hot Spots Analysis and Reporting Program Version 2 (HARP2) to calculate the health impacts. Notably, the health impact calculations in HARP2 are based on the Office of Environmental Health Hazard Assessment's Air Toxics Hot Spots Program Risk Assessment Guidelines - Guidance Manual for Preparation of Health Risk Assessments. The dispersion of DPM and associated health risk impacts on sensitive receptors will be determined using AERMOD, HARP2, local meteorological data obtained from the SCAQMD, and the estimated annual average DPM emissions. The maximum cancer risks at the appropriate receptors (e.g., proximate residential receptors) will be tabulated. Cancer risk isopleths (i.e., lines of equal cancer risk) will be plotted on figures showing the project site if the maximum cancer risk exceeds the SCAQMD significance threshold of 10 in one million. The assessment will also include the estimated chronic (long-term) hazard indices due to non-cancer health effects associated with DPM. The hazard indices will be tabulated at the appropriate locations and plotted on figures similar to that showing estimated cancer risks if they exceed the SCAQMD significance threshold of 1.0. If the health impacts exceed the thresholds of significance, we will suggest appropriate mitigation measures to reduce the health impacts. A health risk assessment will be prepared as a technical appendix and a summary of the methodology and results will be provided in the air quality section of the EIR. Biological Resources. Consultant shall utilize the result of the biological assessments completed in the previously adopted MND to summarize potential biological resources impacts and required mitigation. This scope assumes no site visits or new analysis will be required. Cultural Resources. Consultant shall prepare a cultural resources EIR section that will summarize the results of the historic resources conformance review process completed under Task 1 as well as the following: Cultural Resources Records Search. A California Historical Resources Information Systems (CHRIS) records search was previously completed for the Pomona Corporate Yard Project at the South Central Coastal Information Center (SCCIC), which houses cultural resource records for the County. The results of that search will be re-used for the present Project. Additionally, because the previously completed records search was conducted over three (3) years ago, Consultant shall conduct a supplemental records search to capture any additional studies and/or newly identified resources that have been added to the CHRIS record for the proposed Project site and a one-half-(0.5) mile search radius.
Native American Coordination. If it is determined to be necessary, Consultant shall work with the City and complete all required Native American outreach, including a Sacred Lands File Search and Assembly Bill (AB) 52 notification/consultation: o Sacred Lands File Search and Outreach: A Sacred Lands File Search (SLF) was completed for the Project on August 4, 2016, however, an updated SLF request and tribal outreach to each of the Native American Heritage Commission (NAHC)-listed contacts will be completed to capture comments of any newly added Native American representatives for the proposed Project site. This Native American Contact process is for project informational purposes only and is not compliant with Assembly Bill (AB) 52. o Assembly Bill (AB) 52: It is anticipated that the proposed Project will be subject to compliance with AB 52, which requires lead agencies to provide tribes (who have requested notification) with early notification of the proposed Project. While AB 52 is a government-to-government process between the CEQA lead agency and California Native American Tribes, Consultant will assist the City with the notification/consultation process and responding to any comment letters, if requested. Energy. City will prepare an energy assessment for the project per Appendix G of the CEQA Guidelines. The analysis will briefly summarize electricity, natural gas, and petroleum energy sources and the relevant regulatory framework. Based on Appendix G of the CEQA Guidelines, the impact analysis will assess if the project would (1) result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation, and (2) conflict with or obstruct a state or local plan for renewable energy or energy efficiency. The project will be assessed in regards to construction and operational energy consumption, which will be quantified to the extent estimation methods and project-specifics are available. Project electricity (kilowatt-hours, kWh) and natural gas (British thermal units, BTU) usage will be estimated based on project specifics; CalEEMod default values will be used, as appropriate, when project specifics are not available. Petroleum consumption will be estimated using CalEEMod and based on the same equipment and vehicle assumptions assumed in the air quality and GHG emissions analysis. Proposed project elements that would reduce the project's energy demand will be identified in the analysis and quantified as available. Consultant will be provided with the known proposed project sustainable design and energy conservation measures prior to initiating air quality and GHG emissions modeling, as the energy analysis will be prepared consistent with the emissions modeling assumptions. Greenhouse Gas Emissions. Consultant will utilize the result of the greenhouse gas emissions assessment completed in the previously adopted MND to summarize potential impacts and required mitigation. This scope assumes no site visits or new analysis will be required. Hazards and Hazardous Materials. The hazards and hazardous materials assessment for the EIR will include: Review of federal, state, and local regulatory agency records per Government Code Section 5962.5 for sites within and adjacent to the Proposed project site, including the Regional Water Quality Control Board's GeoTracker website, DTSC's EnviroStor website, and California Environmental Protection Agency's Regulated Site Portal; Review of available environmental site assessment/investigation/remediation reports, and relevant regulatory documents, for the project site and nearby sites that would potentially impact the project site;
Review of the National Pipeline Mapping System for hazardous material pipelines; Evaluation of local safety plans, emergency response plans, and wildland fire zones; Evaluation of potential impacts to nearby airports; and Evaluation of potential impacts to nearby school sites. Impacts will be evaluated regarding the construction and operations components of the proposed project, including proposed use/handling of hazardous materials/wastes. If the findings indicate potential impacts related to hazards and hazardous wastes or materials, mitigation measures may include further work related to additional investigation, sampling, remediation, human health risk analyses and/or construction and operations contingency measures. Noise. As a component of the project's EIR, Consultant shall conduct a noise study of potential impacts during construction and operations to noise-sensitive land uses (consisting of residences) adjacent to the revised, proposed project. Assuming (based upon information provided by City staff) the proposed project operations are not anticipated to change, the revised analysis will focus upon potential construction noise impacts. Potential short-term construction noise impacts on nearby noise-sensitive land uses will be evaluated based on revised construction phasing and equipment data to be provided by the project applicant and noise modeling methods developed by the Federal Highway Administration (FHWA). The significance of noise/vibration impacts will be assessed based on the relevant City of Pomona noise standards. If significant noise and/or vibration impacts are identified, mitigation measures to reduce impacts to a less than significant level will be recommended. The environmental noise baseline and regulatory setting, analysis methodologies, results of the noise analysis, findings of potential effects and mitigation measures will be summarized in the noise section of the projects' EIR. The optional vibration monitoring plan (see below), if selected, will be provided separately. OPTIONAL: Vibration Monitoring Plan. As an additional optional task if it is determined to be necessary at a later date, Consultant will provide a vibration monitoring plan focusing on the proposed relocation of the historic Pomona Stables. Utilizing information and data provided by the project's architectural historian (or equivalent), or if not applicable, vibration criteria from the Federal Transit Administrations Transit Noise and Vibration Impact Assessment Manual for fragile historic structures, Consultant shall provide recommended measures to ensure that the structural integrity of the Pomona Stables is not further compromised prior to or following the proposed relocation due to other on-site construction activity. Such measures would likely include (but not be limited to) continuous vibration monitoring of the structure itself and/or the soils immediately adjacent to the structure, to ensure that construction-related groundbome vibration levels do not exceed the specified damage thresholds. Vibrations caused by during the disassembly and relocation of the Stable is not included within the vibration study as this effort is highly specialized. Transportation. The Transportation section of the Draft EIR will update the traffic analysis prepared in the 2017 MND based on the revised project description (reduced size of new corporate yard building; and, moving of, and reconstruction of the National Register-listed historic Pomona Stables onto the corporate yard site). In addition, due to the time that has passed since the MND, a vehicle miles traveled (VMT) analysis will also be required per Senate Bill 743 (SB 743) and the recently updated CEQA guidelines.
Per SB 743, a VMT analysis is required starting in July 2020. If directed by the City, a VMT analysis of the proposed project will be prepared using the methodology and significance thresholds adopted by the City (if any), and will be consistent with SB 7 43. The California Emission Estimator Model (CalEEMod), or other sources, may be used to determine VMT with approval from the County. CalEEMod is one of the VMT calculating tools recommended by the Office of Planning and Research (QPR). The CalEEMod method will utilize ITE trip generation rates with average trip length by trip type from the 1999 Caltrans Statewide Travel Survey. Depending on available data, per capita or per employee VMT will be compared between the proposed project and the region-wide VMT. If a significant VMT impact is found, Consultant shall identify feasible mitigation measures that could avoid or reduce the impact. It is noted that the reduction of VMT for most of these measures is qualitative and the analysis will not include quantitative significance after mitigation analysis. Strategies to reduce VMT are limited due to the size and type of land use of the proposed project. The following strategies may be best suited to the project and may be recommended to reduce VMT and lessen significant impacts (if found). Their applicability will be evaluated for the proposed project: Improve or increase access to transit; Orient the project toward transit, bicycle, and pedestrian facilities; Improve pedestrian or bicycle networks, or transit service; Provide bicycle parking; Provide car-sharing, bike sharing, and ride-sharing programs; Provide partially or fully subsidized transit passes; Provide pedestrian network improvements. The results, findings, and mitigation measures (if any) of the updated traffic and VMT analyses will be provided in the Transportation section of the Draft EIR. Tribal Cultural Resources. Consultant shall summarize the results of the records search, NAHC SLF results and tribal outreach, and all of the City's AB 52 efforts for the project, including notification and consultation with applicable tribes. In addition, the section will provide a brief analysis of potential project-related impacts to Tribal Cultural Resources in conformance with CEQA and will provide mitigation measures and recommendations as appropriate. Utilities and Service Systems. Consultant shall utilize the result of the utilities and service systems assessments completed in the previously adopted MND to summarize potential impacts and required mitigation. This scope assumes no site visits or new analysis will be required. Cumulative Impacts. Consistent with CEQA Guidelines Section 15130, the EIR will include a discussion of cumulative impacts for each impact category analyzed within the EIR. The analysis shall discuss impacts created as a result of the combination of the proposed project together with other projects in the vicinity causing related impacts. Effects Found Not to Be Significant. Consistent with CEQA Guidelines Section 15128, the EIR shall contain a brief statement disclosing the reasons why various possible significant effects of a proposed project were found not to be significant and were, therefore, not discussed in detail in the EIR. Alternatives to the Proposed Project. The alternatives chapter will be prepared to meet the objectives of the CEQA Guidelines by addressing alternatives to the project as proposed. Each
alternative will be evaluated with respect to the environmental issue area reviewed for theproposed project. As required by the CEQA Guidelines, the advantages and disadvantages of each alternative and the reasons for rejecting or recommending it will be provided. The environmentally superior alternative will be identified from among the alternatives to the proposed project. In addition, a narrative will be provided that discusses alternatives that were considered but were determined to be infeasible and, therefore, not assessed in detail. For purposes of this analysis, Consultant may assume that in addition to the No Project Alternative, two additional alternatives will be carried forward for analysis evaluated in the EIR. Long-Term Implications of the Proposed Project. This chapter shall include analysis of significant irreversible changes that would occur as result of the proposed project, as well as growth-inducing impacts. List of Preparers. This chapter shall include references, acronyms and abbreviations, and the preparers of the EIR. Appendices. The draft EIR appendices shall include the NOP and IS, NOP responses, and the various technical reports and memoranda described. Deliverables 1 electronic version in Microsoft Word format to the City for review 2.3.2 Revised Administrative Draft EIR Upon receipt of a consolidated set of review comments on the administrative draft EIR, Consultant will revise the document accordingly by addressing all comments received. Consultant shall provide two rounds of review, comment, and revisions by the City. Deliverables 1 electronic version of the revised Administrative Draft EIR in Microsoft Word format for City review 1 electronic version of the Screencheck Draft EIR in PDF and Microsoft Word formats for City review 2.3.3 Public Draft EIR Consultant shall prepare a draft EIR for a 45-day public review period that incorporates all of the comments on the screencheck draft EIR. Consultant shall prepare drafts of both the notice of availability (NOA) and the NOC for City review. Upon receipt of City review comments, Consultant will finalize these documents for City signature and distribution. Consultant will be responsible for providing the NOC to the State Clearinghouse along with the 15 copies of the draft EIR. Consultant will also be responsible for posting the NOA with the Los Angeles County Clerk and providing filing fees. City will distribute the NOA to interested stakeholders, agencies, and the public. In the event the City would like to publish the NOA in a paper of local circulation, City will take the lead on posting the notice with the paper. Deliverables Draft EIR: 15 hard copies (technical appendices included on a CD or flash drive with each EIR); electronic copy (Microsoft Word files and PDF file with OCR searchable text)
State Clearinghouse Package (15 Executive Summaries, 15 flash drives, NOC and Summary Form) NOA: 1 electronic copy (Microsoft Word); 100 hard copies for City mail out; stamped copy from Los Angeles County Clerk 2.3.4 OPTIONAL: Draft EIR Public Meeting In the event the City elects to hold a public meeting during the 45 day public review period for the Draft EIR, Consultant will attend and facilitate one public comment meeting. City may request Consultant present an overview of the project description, an overview of the CEQA process and wht:H~ we are in that process, and findings and conclusions contained within the Draft EIR. City will coordinate the logistics for the Draft EIR public meeting, including reserving a meeting room location, providing translation services, and that presentation materials describing or illustrating the project. Consultant will provide relevant meeting materials, including speaker cards, comment forms, and a sign-in sheet, and take notes regarding the issues raised by commenting individuals that should be addressed in the EIR. Following the public meeting, Consultant will provide a meeting summary memorandum that summarizes the general nature of the verbal comments provided at the meeting. Unless otherwise directed by City, Consultant may assumed that only written comments received during the public review period for the Draft EIR will be responded to as part of the Response to Comment and Final EIR effort outlined in Task 2.4. Deliverables Presentation materials for public meeting Public meeting attendance Public meeting summary memorandum: 1 electronic copy (Microsoft Word) Task 2.4 Final EIR Consultant shall prepare a final EIR, including the following chapters: Response to Comments, Revisions to the Draft EIR, and Mitigation Monitoring and Reporting Program (MMRP). A CD or flash drive containing the draft EIR and technical appendices will be affixed to the back cover of each hard copy final EIR. For cost-estimating purposes, Consultant may assumes two rounds of review, comment, and revisions by the City. Consultant shall assist the City with providing the final EIR at least 10 days prior to consideration for certification by the City to any commenting public agency and any member of the public who has requested the document. Once the EIR has been certified, Consultant will prepare an NOD and assist the City with filing the NOD with the State Clearinghouse and Los Angeles County Clerk. Provided below is a discussion of each component of the Final EIR. 2.4.1 Response to Comments The Response to Comments chapter will include comments received on the draft EIR, responses to those comments, and standard introductory material. All comments will be numbered (to indicate comment letter and comment number), and the responses to those comments will be similarly numbered to allow easy correlation. 2.4.2 Revisions to the Draft EIR This chapter will identify any instances where revisions to the draft EIR are necessary. In this
chapter, deleted text will be indicated by strikeout and inserted text by underline. 2.4.3 MMRP The MMRP will be in table format and will specify project-specific mitigation measures and standard conditions of approval that are applicable to the proposed project. Mitigation timing and responsible parties will also be identified. The objective of the MMRP is to comply with California Public Resources Code Section 21081.6, as mandated by AB 3180, which requires that a lead agency adopt an MMRP at the time an EIR is certified. 2.4.4 Certification Documents Consultant shall prepare draft findings of fact for each significant effect identified in the final EIR and prepare a statement of overriding considerations if unavoidable significant impacts are identified. As required by the CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. The statement of overriding considerations will rely on input from the project team regarding the benefits of the proposed project. Consultant shall consult with the City to review and finalize the findings and statement of overriding considerations for the City's ultimate adoption. Deliverables Administrative Response to Comments: 1 electronic copy (Microsoft Word) Revised Response to Comments: 1 electronic copy (Microsoft Word) Final EIR (Draft EIR, Responses to Comments, Revisions to Draft EIR, and MMRP): 10 hard copies and 1 electronic copy (Microsoft Word files and PDF file with OCR searchable text) NOC: 1 copy submitted to QPR NOD: stamped copy from Los Angeles County Clerk; copy submitted to QPR Draft Certification Documents: 1 electronic copy (Microsoft Word) Final Certification Documents: 1 electronic copy (Microsoft Word) Task 3 Meetings and Coordination This task includes periodic project management activities conducted by Consultant's project managers: Project Status Meetings. These meetings will be attended by Consultant's project manager, and other specialists, as necessary. I here will be up to four in-person meetings at in the City of Pomona and participation in 30-minute monthly project status conference calls. Public Meetings. Consultant's project manager shall attend one approval hearing at City Hall.
ATTACHMENT 2SCOPE OF SERVICES FIRST AMENDMENT Task 4- Project management Provide environmental engineering design work. This work shall produce the final voluntary soil vapor barrier design, associated plans, and associated cross section details. The service shall include pre-design activities, plan preparation, field inspection, operation and maintenance plan preparation, and project management. Shall include a total of sixteen (16) hours of meetings with the City and DTSC. Pre-design activities shall include review and plan check requirements for the design of the vapor barrier and passive venting system. This shall include communication with the Department of Toxic Substances Control (DTSC) to verify their design and plan check requirements. The consultant shall identify potential issues with the addition of the vapor barrier and passive venting system into the project design. Sub-Tasks The consultant shall generate vapor barrier and passive venting system design plans that meet the City’s and DTSC’s requirements. The consultant shall contact the DTSC verify their design and plan check requirements. The consultant shall work with the City’s design team to identify potential issues with the addition of the vapor barrier and passive venting system into the project design. The consultant shall design the vapor barrier per the foundation design provided by the City’s architect. The plans shall be submitted in PDF and AutoCAD format. The consultant shall conduct field inspections and certification of the vapor barrier and passive venting system. Inspections shall occur with the City’s and DTSC’s requirements. Inspection shall include verification of; subgrade and placement of sub-slab vent pipes, all surfaces are clear of debris, vapor barrier seam connections, riser pipe installation, barrier penetrations are sealed, and sub-slab soil vapor sampling probe installation. The consultant shall verify that the vapor barrier and venting system construction meets the vapor barrier manufacturer and requirements. Consultant shall provide a template inspection document in PDF and Word format. The consultant shall be prepared on an operation and maintenance plan for the entire site including 738, 752, and 768 W. Commercial Street. The plan shall include inspection requirements, vapor sample collection and analysis protocols, samples collection and reporting schedules. DTSC shall identify the vapor sampling locations. The documents shall be provided in PDF and Word format. September 2022 Generate Design October 2022 Finalize DTSC ApprovalOctober 2022 Issue Final DesignWinter 2022 to Spring 2023 Installation Construction and Inspection of Barrier and Vent System
EXHIBIT “A-3”SCOPE OF SERVICES SECOND AMENDMENT The existing building area has a historical set of data showing active volatile organic compounds (VOCs). The site across the street at 822 W. Commercial St. produces VOCs that impact ambient air. In preparation for the building construction, the City worked with the state regulators from the Department of Toxic Substances Control (DTSC) to construct a VOC vapor barrier. The vapor barrier is beneath all three buildings. The second agreement addendum scope of work is for environmental testing and sampling services required for the Project along with installation of improved hardware. Dudek installed air sampling equipment probes and sampling ports to test adjacent ambient air and air in between the installed vapor barrier and the building foundations. All three buildings were tested, but some of the probe testing hardware was damaged. The probes and sampling stations were reinstalled and sampled to confirm that the vapor barrier was effective to block VOCs and protect human health inside the buildings. This sampling will continue on a quarterly to semi-annual basis based on DTSC requirements for a minimum of two years. Task 5a.: Environmental Air Sampling – Second set of sampling to use replaced vapor probes and sampling ports. VOCs Soil Gas, Suma Canister (1L) & Regulator (200cc) Taks 5b.: Water Resources Building Vapor Barrier Professional Services – Funding used to set updated testing equipment/hardware and analyze the air. Project Hydrologist III/Engineer III Task - 5b.: Environmental Air Sampling – Labor and material costs for hydrogeologists and engineers to analyze the air samples and identify if the vapor barrier protected indoor air by blocking VOCs. In the past there have been studies to state that the regional indoor air may be impacted by the VOCs present in the soil and associated soil vapor. Principal Hydrogeologist/Engineer I Project Hydrogeologist I/Engineer I Task - 5b.: Health & Safety Plan (HASP) for 822 West Commercial Professional Services – Historically, this site has been a major source of VOCs and was an active landscape project during the construction of the buildings at 752 W. Commercial Street. In an abundance of caution, the City’s environmental consultant (Dudek) generated a HASP. Labor and material costs for hydrogeologists and engineers to analyze the air samples and identify if the vapor barrier protected indoor air by blocking VOCs. Principal Hydrogeologist/Engineer I Project Hydrogeologist I/Engineer I
EXHIBIT “C”COMPENSATION
EXHIBIT “C-2”COMPENSATION The fee to complete work in the FIRST AMENDMENT shall not exceed $36,250.00.Task Number Task Quantity Unit Unit Cost Total Cost 4a Pre-Design Activities 1 LS $ 1,750.00 $ 1,750.00 4b Vapor Barrier and Passive Venting System Plans1 LS $ 18,000.00 $ 18,000.00 4cField Inspection and Certification 1 LS $ 7,500.00 $ 7,500.00 4d Preparation of Operations and Maintenance Plans 1 LS $ 6,000.00 $ 6,000.00 4e Meetings and Project Management 1 LS $ 3,000.00 $ 3,000.00 Total $36,250.00
EXHIBIT “C-3” COMPENSATION The total cost for the services included in this SECOND AMENDMENT shall not exceed $21,980.10. Task Description Hours Rate Total Cost Task 5aEnvironmental Air SamplingJones Environmental, Inc. (Inv. J250644) for VOCs Soil Gas, Suma Canister (1L) & Regulator (200cc)1.15 $ 4,224.00 $ 4,857.60 Task 5b Water Resources Bldg. Vapor Barrier Project Hydrologist III/Engineer III 3 $ 205.00 $615.00 Environmental Air Sampling Principal Hydrogeologist/Engineer I1.75$300.00 $ 525.00 Project Hydrogeologist I/Engineer I64.50 $185.00 $11,932.50 Health & Safety Plan 822 W Commercial Principal Hydrogeologist/Engineer I4.25$300.00 $1,275.00 Project Hydrogeologist I/Engineer I15 $185.00 $2,775.00 Total $21,980.10