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HomeMy WebLinkAboutCrawford and Bowen Planning, Inc. Consultant Services Agreement- 3-11-2025L/UI:UWylI GIIVCIuytC IU. VJ/I LOLJ'fOV AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES This Agreement is entered into, effective March 11, 2025 1 by and between the CITY OF FRESNO, a California municipal corporation (City), Bonadelle Homes, Inc. or assignee (Developer), and Crawford and Bowen Planning, Inc. (Consultant). RECITALS WHEREAS, the Developer will be submitting necessary applications for Vesting Tentative Tract Map No. 6376 - Armstrong and California Alignment (Simonian), located on the west side of South Armstrong Avenue between East Hamilton Avenue and East Church Avenue (APNs: 316-160-16s, 17s, 43s, 59s, 61 s), within the City of Fresno (Project); and WHEREAS, the Project will require various Land Use Approvals. For purposes of this Agreement, Land Use Approvals shall mean any benefits arising from any of the following: the approval of a General Plan Amendment, Rezone application, Tentative Tract Map, Conditional Use Permit and Development Permit and any document prepared pursuant to the California Environmental Quality Act (CEQA) or other law that is approved in conjunction with aforementioned land use entitlements; and WHEREAS, the City as the lead agency (CEQA Guidelines Section 15367) has determined it is in the best interest of the City and the Developer to have a consultant prepare an Initial Study to determine the appropriate environmental document pursuant to CEQA Guidelines; and WHEREAS, the Consultant will prepare and submit the draft documents to the City for review and the City, as necessary and appropriate in the City's sole discretion to further the preparation of a legally adequate Initial Study, will share the draft documents, in part or in whole, with the Developer; and WHEREAS, the Developer has agreed to have the Consultant prepare the Initial Study and any related documents required pursuant to CEQA Guidelines for the Project (collectively, the "Initial Study"); and WHEREAS, the Consultant is engaged in the business of furnishing technical and professional consulting and hereby represents it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, this Agreement will be administered for the City by its Director of the Planning and Development Department (Director) or designee. NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant has submitted the scope of work, which includes a milestone timeline and a list of any subcontractors, to the City for its review and approval and shall diligently cooperate with the City in making changes to the scope of work until the City approves the scope of work. Upon the City DEV-S Three Party Agt FYI (09-2022) 1 LJUUUJIylI CI IVCIUPU ILJ. UJ/Y-OLJMY'U'irJ/LOLJVOU the City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all writings and documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement with copies made available to the Developer. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 4. This Section shall survive expiration or termination of this Agreement. 5. Compensation. (a) All costs associated with the Consultant's performance of the services described in the scope of work including all work incidental to, or necessary to perform, such services even though not specifically described in the scope of work, shall be paid by the Developer under a separate agreement with the Consultant. The City shall not be liable, either jointly or severally, for any costs incurred to perform the work set forth in the Scope of Work attached as Exhibit C, including preparation of the Initial Study and any other environmental document currently the subject of this Agreement or as the Agreement may later be amended that is the subject of this Agreement. (b) The Consultant shall provide the City with all invoices the Consultant submits to the Developer for payment or reimbursement. The Consultant shall submit the copies of these invoices at the same time said invoices are first submitted to the Developer for payment. 6. Termination. (a) This Agreement shall terminate without any liability of the City to the Consultant or the Developer upon the earlier of: (i) the Consultant's filing for protection under the Federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City's non -appropriation of funds sufficient to meet its obligations hereunder during any the City fiscal year of this Agreement, or insufficient funding for the Project; (iv) expiration of this Agreement, or seven calendar days' prior written notice with or without cause by the Developer to the Consultant and the City. DEV-S Three Party Agt FYI (09-2022) 3 VUUUJIIy.II GIIVCI pt, IIJ. UJ/.7VULlJ-04O.7-'4L /4-OUMV-U4rJl LOLJ40U Consultant is skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services. Therefore, acceptance of such services by the City shall not operate as a release of the Consultant from said professional standards. 11. Indemnification. (a) To the furthest extent allowed by law, the Developer shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the City, the Developer or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of a violation of the California Environmental Quality Act relating to the Project. The Developer's obligations under the preceding sentence shall apply regardless of whether the City or any of its officers, officials, employees, agents, or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. If a claim, demand or action at law or equity arise within the scope of this provision, the City and the Developer shall mutually agree on defense counsel. If the Developer should subcontract all or any portion of the work to be performed under this Agreement, the Developer shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. (b) To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from liability for damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the City, the Consultant or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses incurred by, or awarded against, the City, including plaintiff's attorney's fees), arising out of the Consultant's negligence in the performance of this Agreement. The Consultant's obligations under the preceding sentence shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct of the City or any or its officers, officials, employees, agents, or volunteers, or by any third party. DEV-S Three Party Agt FYI (09-2022) 5 L/UUUJIIJ. II CI IVCIUytC IU. UJ/.7UJLlJ-D'iD5-'iL/4-OLl 1+-U4rJ/40GJ40U policy. This requirement shall survive expiration or termination of this Agreement. (e) If the Developer should subcontract all or any portion of the services to be performed under this Agreement, the Developer shall require each subcontractor to provide insurance protection in favor of the City and each of its officers, officials, employees, agents, and authorized volunteers in accordance with the terms of this section and Exhibit A, except that any required certificates and applicable endorsements shall be on file with the Developer and the City prior to the commencement of any services by the subcontractor. (f) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to provide insurance protection in favor of the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section and Exhibit A, except that any required certificates and applicable endorsements shall be on file with the Consultant, the Developer and the City prior to the commencement of any services by the subcontractor. 13. Notifications and Cooperation by the City. The City shall notify the Developer and/or the Consultant within a reasonable period of time of its receipt of any demand, claim, action, proceeding, or litigation arising from liability for damages arising out of either the Developer and/or the Consultant's negligence in which the City is to be indemnified and held harmless by the Developer or the Consultant pursuant to Section 11 of this Agreement. If the City requests that the Developer or the Consultant defend the City, the City shall notify the Developer or the Consultant in writing within a reasonable period of time of its receipt of any such demand, claim, action, proceeding, or litigation and the City shall cooperate fully in such defense. 14. The City and the Developer shall mutually select the attorney or attorneys who will defend the City. The Consultant agrees to accept such selection. The Developer further agrees to be fully responsible for any and all reasonable costs and attorney's fees generated by the City's attorney(s) in the defense of the City in any claim, demand, action, proceeding, or litigation from liability for damages arising out of the Developer's negligence. The Consultant further agrees to be fully responsible for any and all reasonable costs and attorney's fees generated by the City's attorney(s) in the defense of the City in any claim, demand, action, proceeding, or litigation from liability for damages arising out of the Consultant's negligence. 15. The City's Participating In Defense. Nothing contained herein shall prohibit the City, in its sole discretion, from participating in the defense of any demand, claim, action, proceeding, or litigation over and above representation by outside counsel, or from participating in the defense of any demand, claim, action, proceeding, or litigation. If City elects to also defend, it shall do so in good faith. In no event shall City's participation in the defense of any demand claim, action, proceeding, or DEV-S Three Party Agt FYI (09-2022) 7 UUI:UJIIy.II GIIVCIUpC IU. VJ/�V:JL1r-O'}p�-4L/'i-OUM'i-V'4rJ/GOLJVOU (g) Section 16 of this Agreement shall survive expiration or termination of this Agreement. 17. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant's expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. Section 17(b) of this Agreement shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement or that no license is required. If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement, or that no license is required before beginning work. 18. Nondiscrimination. To the extent required by controlling Federal, State and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, or status as a disabled DEV-S Three Party Agt FYI (09-2022) 9 VUI:U,-,1y1I CIIVCIupI ILJ. V0/..7U:JLl.r-�Y�.7-YL/4-OUMV-VVrJ/LOLJYOU benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and hold the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered to employees of the City whether arising by reason of any common law, de facto, leased, or co - employee rights or other theory. The Consultant shall be solely liable and responsible for ensuring that its officers, agents, and employees are in compliance with federal immigration laws. The Consultant is required to furnish the City, upon reasonable request, copies of Forms 1- 9 and supporting documentation for all officers, agents, and employees performing work services relating to this Agreement. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 20. Notices. Any notice required or intended to be given to any party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, or by overnight delivery via a nationally or regionally recognized courier with confirmation of receipt, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served, by United States mail, in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 21. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of all parties and each party" respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 22. Assignment. This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City's City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City's City Manager or designee. 23. Compliance With Law_. In providing the services required under this Agreement, the Consultant shall at all times use due professional care to comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. DEV-S Three Party Agt FYI (09-2022) 11 UUI:UJIIylI CIIVCIUFIC ILJ. UJ/ JU:JGI�-�'4O�-YLl4-OLlM'F-UV rJI GOGJYOU body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void. 32. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 33. Extent of Agreement. Each party acknowledges they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by the City, the Developer, and the Consultant. 34, The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [Signatures follow on the next page.] DEV-S Three Party Agt FYI (09-2022) 13 L/UUUJIylI GI MV IUP%C ILJ. UJI UUU4Ii-0'40'7-'+Z I'i-OL/M'i-U'irJ/LOLJ'FOU Addresses: Addresses: City: Planning and Development Department Chris Lang Planner III 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 Phone: (559) 621-8023 E-mail: Chris.Lang@fresno.gov Developer: Bonadelle Homes, Inc. Attention: John A. Bonadelle Director of Operations 7030 N. Fruit, #101 Fresno, CA 93711 Phone: (559) 435-9700 E-Mail: JAB@bonadelle.com Crawford and Bowen Planning, Inc. Attention: Emily Bowen Principal Environmental Planner 113 N Church Street, Suite 302 Visalia, CA 93291 Phone: (559) 840-4414 E-mail: emily@candbplanning.com Attachments: Exhibit A - Insurance Requirements Exhibit B - Disclosure of Conflict of Interest Form Exhibit C - Scope of Work DEWS Three Party Agt FYI (09-2022) 15 L/UUU61 II CIIVU1UPC ILI. UJ/.7UJGlJ-D-+DV-YL!'F-OUM'i-UYF0I 404J4OU 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Insurance as required by the State of California with statutory limits. 4. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. Only Consultant must provide: 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event Developer or Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF -INSURED RETENTIONS Developer or Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Developer or Consultant shall also be responsible for payment of any self -insured retentions. Any deductibles or self -insured retentions must be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager or designee. At the option of the City's Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its officers, officials, employees, agents, and volunteers; or (ii) Developer or Consultant shall provide a financial guarantee, satisfactory to City's Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self - insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. Developer and Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 26 04 13, CG 20 12 04 13 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Forms referenced above. DEV-S Three Party Agt FYI (09-2022) 17 L/UUUD I Iy. II GI IVCIUpt-, IU. UJI.7UJLlJ-O4DJ-4L I'T-o L.)m-F-V4rJ I 4040'f0V Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by Developer and Consultant shall not be deemed to release or diminish the liability of Developer and Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Developer and Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Developer and Consultant, its principals, officers, agents, employees, persons under the supervision of Developer or Consultant, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If the Consultant/Developer should subcontract all or any portion of the services to be performed under this Agreement, the Consultant/Developer shall require each subcontractor to provide insurance protection in favor of the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of Exhibit A, except that any required certificates and applicable endorsements shall be on file with the Consultant, the Developer and the City prior to the commencement of any services by the subcontractor. VERIFICATION OF COVERAGE Developer and Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or designee prior to City's execution of the Agreement and before work commences. All non -ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of City, Developer and Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DEV-S Three Party Agt FYI (09-2022) 19 UUI:UJII�f. II GI IVCIU� t1 IU. UJ/.7UUL1�-�'4O.7-YL/4-OVl14-V'frJl LOGJ40V Crawford Bowen PLANNING, INC. EXHIBIT C Project Understanding Based on the information provided to Crawford & Bowen, our understanding of the proposed project is as follows: • Development of a single-family residential development (approximately 203 units) off the west side of South Armstrong Avenue, between the San Joaquin Valley Railroad (north) and East Pitt Avenue (south), with Fresno County. • Requires approval of a Tentative Tract Map, Prezone and Annexation into the City of Fresno. ■ Bonnadelle/Pearson Realty will coordinate with City regarding revised 3- party agreement. Scope Task 1 — Initial Study Crawford & Bowen will prepare the Administrative Draft Initial Study (IS) consistent with the requirements of CEQA, relevant case law, and the specifications of the City of Fresno. The IS will include the following sections: Introduction The section will provide the basic, non -technical explanation of the IS, as well as additional information relevant to the reading and understanding of the document. Project Description This section will be prepared using the project description. A list of discretionary actions required by the City, other agency approvals required to proceed with 1 13 N. Church St. Suite #310 1 Visalia, CA 93291 1 559.840.4414 1 www.candbplonning.com LJUL;UJIylj CIIVCIUFJC ILJ. UOf UL).)/%-04DV-Y4l'4-OLJM-+-U4rJ/L040'iOU Re: Simonian Res Dev CEQA October 21, 2024 Crawford & Bowen will submit a MS Word version of the Administrative Draft Initial Study and associated Mitigation Monitoring Plan to the City and will complete necessary edits on the IS. The City will be responsible for publishing all documents and notices relative to the 30-day public review process, with the exception of the State Clearinghouse Package, which Crawford & Bowen will submit. Although no controversy or opposition is anticipated, in the event that comment letters are received during the public review process, Crawford & Bowen will provide written responses to those comments, as directed by the City and on a time and material basis at the hourly rate of $150/hour. Task 2 — Air Quality/Greenhouse Gas/Energy Technical Report Crawford and Bowen will utilize the expertise of LSA to prepare an Air Quality, Greenhouse Gas Emissions and Energy Impact Technical Memorandum (Memo) for the project. Following the SJVAPCD's Guidance for Assessing and Mitigating Air Quality Impacts, LSA will prepare a draft Air Quality, Greenhouse Gas Emissions, and Energy Impact Technical Memorandum (Memorandum) to identify existing air quality conditions and potential air quality, GHG emissions, and energy impacts resulting from the proposed project by undertaking the following subtasks: ■ Describe Existing Environmental Setting: LSA will provide a brief summary of information related to air quality and global climate change along with the climate/meteorological conditions in the project vicinity. ■ Describe the Existing Regulatory Framework: The existing regulatory framework for air quality and global climate change will identify applicable federal, State, and City of Woodlake policies, regulations, and programs. + Determine the Project's Consistency with Adopted Plans. LSA will review adopted plans related to clean air and the reduction of greenhouse gas emissions in the State of California, the SJVAPCD, and the City of Woodlake, as applicable, and determine the project's consistency with these plans. 10 Page 1 3 LlUI:UJII`{. II CI IVU I Upt: IL/. UJ//LOLJ'#OU Re: Simonian Res Dev CEQA October 21, 2024 ■ Analyze energy use. LSA will evaluate the proposed project's impacts related to energy use in response to the environmental checklist questions. This discussion will address the proposed project's compliance with applicable energy efficiency standards and will cross reference the discussion provided in the greenhouse gas emissions section, as necessary. Energy data estimated using the CalEEMod model will be reported. • Determine the project's consistency with energy efficiency standards. The analysis will also address the project's compliance with applicable energy efficiency standards and will cross reference the discussion provided in the GHG emissions discussion as necessary. For purposes of this analysis, impacts to energy resources will be considered to be significant if the project would result in the wasteful, inefficient, or unnecessary consumption of fuel or energy. • Identify Mitigation Measures: LSA will identify, where necessary, practical mitigation measures to address any significant project or cumulative impacts. Mitigation measures established by the SJVAPCD for dust suppression will be identified to reduce construction impacts. Mitigation measures designed to reduce the project's short-term construction and long-term air quality and GHG impacts to the extent feasible will be identified. Both an evaluation of the potential mitigation measures and a discussion of their effectiveness will be provided. • Prepare Memorandum. LSA will submit one digital copy of the draft Memorandum to the project team for review. Based on one set of comments, LSA will prepare a final Memorandum. Task 3 — Cultural Resources Survey Crawford and Bowen will utilize the expertise of Hudlow Cultural Resource Associates to prepare a Phase I Cultural Resource Survey in accordance with state (California Environmental Quality Act) and federal (National Historic Preservation Act of 1966) requirements and professional standards as outlined by the Secretary of the Interior Standards. :,� Page 1 5