Loading...
HomeMy WebLinkAbout25G - ENVIRONMENTAL SERVICES REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 15, 2010 TITLE: APPROVED ? As Recommended AGREEMENT FOR ENVIRONMENTAL E] Amended El Or dinance on 1~dReading SERVICES WITH KIMLEY-HORN AND El Ordinance on 2 Reading ASSOCIATES, INC. ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Kimley-Horn and Associates, Inc. for environmental services in an amount not to exceed $40,150, for a new McDonald's restaurant at 1100 South Grand Avenue subject to non-substantive changes approved by the City Manager and City Attorney DISCUSSION In November 2009, the Planning Division received a submittal by Fountainhead Development to construct a new McDonald's Restaurant on two properties located at 1100 S. Grand Avenue. During the site plan review process, it was determined that a mitigated negative declaration would be required for this project to meet the requirements of the California Environmental Quality Act. Staff sent out a Request for Proposal to three qualified environmental firms. After reviewing the proposals, Kimley-Horn and Associates, Inc. was selected as the environmental consultant for the project. The consultant has identified a cost of $40,150 for the mitigated negative declaration to be prepared. FISCAL IMPACT Funds in the amount of $40,150 will be deposited by the applicant into the Planning and Building Agency account for contractual services (no. 09801001-24035). APPROVED AS TO FUNDS AND ACCOUNTS: Jay Trevino Francisco Gutierrez Executive Director Executive Director Planning and Building Agency Finance & Management Services Agency VF:rb Vf\reports\KimleyHom M N Dcontract. cc111510 Exhibit: 1. Agreement 25G-1 25G-2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of 2010 by and between Kimley-Horn and Associates, Inc., North Carolina Corporation (hereinafter "Consultant"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California (the "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of professional environmental reports and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fnrn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide professional environmental services, including the preparation of a mitigated negative declaration, for a proposed McDonalds Restaurant at McFadden and Grand in Santa Ana. The scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25G-3 I 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A, minus any scope of work contemplated under separate contract. The total sum to be expended under this Agreement shall not exceed $40,150.00 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2011, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended not shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from g bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total 2 25G-4 amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be ftimished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3U) days prior written notice to the City. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to Rimish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) fiom any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is 3 25G-5 it due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With copy to: Executive Director of City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 4 25G-6 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Kimley-Horn and Associates, Inc. 765 The City Drive, Suite 400 Orange, CA 92868 Name Serine Ciandella, AICP Its Vice President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written donsent of the City and any such assignment, transfer, delegation or subcontract without 5 25G-7 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, 6 25G-8 authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City Rilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if Rilly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney KIMLEY-HORN AND ASSSOCIATES, INC. Serine Ciandella, AICP Vice President Tax ID# 7 25G-9 I 25G-10 EHIBIT A SCOPE OF SERVICES (Attached) 8 25G-11 25G-12 PROPOSAL TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR A Mc DONALD'S DRIVE-THROUGH RESTAURANT IN THE CITY OF SANTA ANA PROJECT UNDERSTANDING The project applicant proposes to develop a 3,800-square-foot McDonald's Restaurant with drive- through window at the northwest corner of the intersection of Grand Avenue and McFadden Avenue. The project site consists of two parcels. A square parcel located at the corner of the intersection of Grand Avenue and McFadden Avenue is currently an empty dirt lot. A rectangular parcel located immediately to the north is currently occupied by the El Cortez restaurant and banquet hall, with a paved parking lot to the west of the building. The proposed project would consist of a lot merger of the two parcels, demolition of the El Cortez building, and construction of the McDonald's Restaurant on a portion of the site. The western portion of the El Cortez site is labeled "Not a Part (NAP)", and would not be developed as part of this project. The proposed development would consist of the McDonald's building, a wrap- around drive-through with a dual order-board system, and 38 on-site parking spaces. The project will require preparation of environmental documentation, including supporting technical studies, in accordance with the requirements of the California Environmental Quality Act (CEQA). Based on our review of the RFP and our understanding of the project, the environmental document will be an Initial Study with a Mitigated Negative Declaration (N4ND). Technical studies will include a Phase I Environmental Site Assessment to identify any hazardous materials that may be present within the project site, a traffic impact study, and an air quality study and global climate change analysis. This scope assumes that a noise study is not needed for this project. This scope also assumes that the Initial Study described in Task 5 will incorporate site soils and geology information provided in the City's General Plan and a separate geotechnical study will not be needed for the project. Kimley-horn proposes the following Scope of Services. SCOPE OF SERVICES TASK I PROJECT KICK OFF AND COORDINATION The Kimley-Horn team will attend a kick-off meeting with the City of Santa Ana to initiate the environmental review process and collect readily available infrastructure and operations data. Kimley-Horn will perform a visual field observation of the project site and study area to identify and document known/visible built and natural features that may be adversely affected by the proposed project. City of Santa Ana - 1- Kimley-Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G-13 TASK 2 - PHASE 1 ENVIRONMENTAL SITE ASSESSMENT Kimley-Horn will prepare a Phase I Environmental Site Assessment (ESA) in accordance with the due diligence procedures and methodology presented in the American Society for Testing & Materials (ASTM) E 1527-05. The purpose of the Phase I ESA is to provide the following: • An identification of Recognized Environmental Conditions (RECs) as defined in ASTM E 3527-05,1.1.1 • An opinion of the impacts on the property resulting from conditions identified during the investigation, by a qualified Environmental Professional (EP) (ASTM E 1527-05,12.6) • An opinion, by a qualified EP, on the need for additional investigations (ASTM E 1527-05, 12.6.1) • A statement consistent with ASTM E 1527-05, 12.13, on the qualifications of the EP and the suitability of the Phase I ESA to meet the requirements of The All Appropriate Inquiry Rule, CFR 40 312. This Phase I ESA will also provide comments on non-scope considerations defined under ASTMT 1527-05,13. The assessment will reflect the general national standard of practice and the local customary practice as understood by Kimley-Horn. The EP will use ASTM 1527-05 along with our judgment and experience when reviewing results of the assessment and in identifying findings and RECs (ASTM E 1527-05, 1.6). Kimley-Horn's scope of services for conducting the Phase I ESA consists of the sub-tasks set forth below. The following tasks refer to only that information that is defined as reasonably ascertainable (ASTM E 1527-05, 6.2.1). TASK 2. 1 RECORDS REVIEW This task consists of the following: • An environmental database search will be prepared encompassing the minimum search distances listed in ASTM E1527-05, 8.2.1. This report will be reviewed for known and suspected contaminated sites. Where available, local environmental agency files and other local governmental authority files, as defined in ASTM E 1527-05, 8.2.2 may be reviewed, if the EP determines the files to be reasonably ascertainable and relevant to the successful completion of the Phase I ESA. • Kimley-Horn will review readily available databases on institutional and engineering controls (IC/EC) and Activity Use Limitations (AU Ls). • Kimley-Horn will retrieve and examine readily available historical aerial photographs of the site and the surrounding vicinity. Aerial photographs will be researched to the earliest date that is reasonably obtainable. • Kimley-Horn will obtain and review readily available historical city directories, fire insurance maps, and historical topographic maps. City of Santa Ana -2- Kimley-Horn and Associates, Inc. MND for McDonald's Restaurant April 3o, 2010 25G-14 • Should Kimley-Horn determine that other readily available, non-traditional sources may provide information relevant to the completion of the Phase I ESA, these sources will be reviewed and documented. TASK 2.2 SITE RECONNAISSANCE Kimley-Horn will conduct a site reconnaissance consistent with ASTM E 1527-05, 9, which will consist of the following: • Observations of exterior site conditions Observations of interior site conditions Determination of current use of the property • Determination of current use of the adjoining properties • Identify evidence of past use of property • Identify evidence of past use of adjoining properties • Identification of the following visually or physically accessible items: - Hazardous substances and petroleum products - Storage tanks - Odors, pools of liquid, drums - HVAC system power/fuel source - Containers of known and unknown substances - Possible Polychlorinated Biphenyls (PCBs) - Stains and corrosion on floors, walls and ceilings - Drains and sumps - Pits, ponds or lagoons - Distressed vegetation - Stained soil or pavement - Solid waste - Waste water - Wells - Septic systems The Site Reconnaissance will be non-invasive. Kimley-Horn will not collect or analyze any samples. We assume that we will he allowed appropriate access to all areas of the site and that the site reconnaissance shall be conducted as a single event. Should an additional site reconnaissance be required due to access limitations, the additional site reconnaissance shall be considered additional services. TASK 2.3 INTERVIEWS Consistent with ASTM E 1527-05, 10.5.2.3 and 10.5.4, Kimley-Horn will make a reasonable attempt to conduct the following interviews: • Kimley-Horn will interview current and past owners, operators and occupants of the property that have or are likely to have material information regarding uses, physical characteristics and the potential for REC's at the subject property consistent with ASTM E 1527-05 sections 10.5.1, 10.5.2, 10.5.2.1, 10.5.2.2, and 10.5.4. City of Santa Ana - 3 - Kimley-Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G-15 I • Kimley-Horn will interview one or more of the following state or local agencies to obtain site specific information: City of Santa Ana Fire Department Orange County Environmental Health Department Department of Toxic and Substance Control TASK 2.3 REPORT PREPARATION Upon completion of the Tasks 2.1 and 2.2 activities, Kimley-Horn will prepare a summary report of the results of the Phase I ESA. The report will be formatted consistent with Appendix X4 of ASTM E 1527-05 and will contain the fallowing: 0 Phase I documentation 0 USGS Quad map(s) Aerial photograph(s) of the site 0 Database search records 0 Site photographs • Description of field activities and site reconnaissance documentation 0 Interview documentation Findings and identified REC's 0 EP opinion on need for additional investigation 0 Identification of, and opinion on significant data gaps 0 Conclusions 0 EP statement consistent with ASTM E 1527-05,12.13 0 Qualifications of EP and staff working on Phase I ESA TASK 3 AIR QUALITY I GLOBAL CLIMATE CHANGE ANALYSIS Scientific Resources Associated (SRA) will sub-contract with Kimley-Horn to prepare an evaluation of potential air quality and global climate change impacts associated with the proposed project. TASK 3.1 EVALUATE EMISSIONS FROM PROJECT CONSTRUCTION SRA will conduct a project-specific construction evaluation to assess potential impacts from construction of the project. The analysis will be based on information provided by the City regarding construction schedules and requirements, including workforce, construction equipment, and grading/earth-moving amounts. SRA is proposing to estimate emissions using the URBEMIS 2007 Model, Version 9.2.4. SRA will compare emissions with Southern California Air Quality Management District (SCAQMD) significance thresholds and evaluate the effect of mitigation measures, if appropriate. In addition, SRA will conduct a screening analysis of localized impacts based on the SCAQMD Localized Significance Threshold methodology, which provides estimates of the potential for air quality impacts due to construction and operations based on project size and proximity of receptors. City of Santa Ana -4- Kimley-Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G-16 TASK 3.2 EVALUATE CRITERIA POLLUTANT EMISSIONS SRA will estimate the emissions associated with the proposed project. The analysis will address potential increases in area sources (energy use, landscaping, etc.) and vehicle emissions. In addition, SRA will address potential emissions associated with cooking and vehicle idling in the drive-through. Because of the size of the project, SRA assumes that no CO "hot spots" analysis will be required. In the event that the traffic analysis indicates a degradation in Level of Service due to project-related traffic, the analysis for the CO "hot spots" will be considered additional services. SRA will also conduct a Localized Significance Analysis based on on-site emissions associated with vehicle idling and McDonald's operations. TASK 3.3 GLOBAL CLIMATE CHANGE EVALUATION To address the requirements of the recently adopted CEQA guidelines, SRA will conduct a greenhouse gas analysis in accordance with CEQA requirements and SCAQMD draft guidance. The analysis will include quantification of emissions of greenhouse gases, a discussion of the consistency of the project with the applicable Climate Action Plan(s), and a discussion of the project's consistency with the goals of AB 32. Because of the size of the project, SRA anticipates that the analysis will demonstrate that emissions would not result in a significant impact on global climate. If required, SRA assumes that McDonald's will provide information on projected energy and water use for the project that will serve as the basis for the evaluation, along with proposed measures to reduce greenhouse gas emissions such as energy efficiency measures and water conservation measures. TASK 3.4 PREPARE TECHNICAL REPORT SRA will prepare an Air Quality Technical Report and Global Climate Change Report that summarize the analysis conducted for Tasks 3.1 through 3.3. The reports will summarize the results of the analyses. SRA assumes we will address one round of comments in this task. TASK 4 TRAFFIC IMPACT STUDY A traffic impact study will be prepared in accordance with the traffic study requirements of the City of Santa Ana. The traffic study will address the project's traffic-related impacts on the street system surrounding the project site. The study will also provide an evaluation of site access, on- site circulation, and drive-through queuing. The following tasks are envisioned. • Conduct a site visit to observe existing traffic conditions on the streets surrounding the project site and at the study intersection. • Obtain a copy of the project site plan for the proposed project, including building square footages and uses, site layout, site driveways, parking supply, and any other site features that will affect the traffic analysis. City of Santa Ana - S - Kimley-Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G-17 • Obtain peak hour turning movement traffic count data at the intersection of Grand Avenue and McFadden Avenue for three peak periods: - AM peak hour (7:00 to 9:00 AM) Lunchtime peak hour (11:00 AM to 1:00 PM) PM peak hour (4:00 to 6:00 PM) • Obtain daily traffic volumes on the roadway segments in the immediate vicinity of the project site: - Grand Avenue, north and south of McFadden Avenue - McFadden Avenue, east and west of Grand Avenue • Develop project trip generation estimates for the proposed project the morning, midday (lunchtime), and evening peals hours. The trip generation data that is available in the Institute of Transportation Engineers (ITE) Trip Generation (8th Edition) publication for a fast-food restaurant with a drive-through contains widely varying results for daily and peak hour periods, and the R2 values are very low. The Trip Generation document also does not provide trip generation data for the lunchtime peak period. For these reasons, we propose to develop trip generation rates by other means: - Kimley-Horn will first poll our Kimley-Horn offices across the country to see if any of our colleagues have conducted trip generation studies for McDonald's. - We will then conduct an internet search to see if trip generation data for McDonald's is available from other sources. We will submit any data obtained through these efforts to City staff for review and consideration. If, after review of the data, it is determined that trip generation data needs to be collected locally, we will arrange for driveway counts at two local McDonald's for the time periods listed above. We will request input from the project applicant and city staff to identify two appropriate McDonald's locations for data collection. For budgeting purposes, the cost for traffic data collection is assumed in this proposal. • The El Cortez restaurant and banquet facility is currently operating on a limited schedule. They are not open Monday through Wednesday, are open for lunch and dinner on Thursday, and open only for dinner Friday through Sunday. We will consult with staff to develop an appropriate approach to account for trip generation for the existing site operation. • Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of employees and customers, and current traffic patterns in the area. Project traffic will be distributed through the study intersection and on area roadway segments, and the project traffic contribution to each intersection will be identified. City of Santa Ana -6- Kimley-Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G-18 - i Each of the topics identified on the environmental assessment form contained in the State CEQA Guidelines will be evaluated to document the nature and extent of potential environmental consequences and the need for mitigation. Many of the issue areas addressed in the Initial Study will not have the potential for significant effects (i.e., "No Impact" or "Less than Significant Impact") based on the type and size of the proposed project. However, the document will address any Potential impact under the environmental issues. The specific purpose of the analysis in the Initial Study will be to identify potential significant adverse environmental impacts and incorporate measures to reduce or mitigate any adverse consequences. Kimley-Horn will prepare a draft Initial Study document to include the following sections: Introduction - This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of the MND and will provide a brief summary of the findings of the Initial Study. Environmental Setting - The environmental setting will describe existing physical setting and characteristics of the project site, as well as the setting and character of adjacent land uses and the immediate surrounding area. Project Description - The project description will provide a description of the proposed project. The purpose and need for the project will be stated, along with the benefits of the proposed project. Discretionary actions needed to implement the project would be identified. Environmental Analysis - This section will provide an expanded discussion of the environmental issues as presented in the Environmental Initial Study checklist. Each checklist question will be presented along with a response. A statement will be provided to support the checklist response to each question. References used as the basis for the analysis would also be listed after each response. Mandatory Findings of Significance - This section of the document will provide a discussion of the project's impacts, as they relate to the mandatory findings of significance under CEQA. Similar to the discussion in the Environmental Analysis section, a response will be presented for each of the Mandatory Findings of Significance questions, as found in the Initial Study Checklist. Any mitigation measures developed to reduce adverse impacts will also be identified, to support the determination of an MND. Appendix - The Environmental Initial Study checklist will be included as an appendix to the document. TASK 6 t-- PREPARE MITIGATION MONITORING PLAN In compliance with AB 3180 (PRC 21081.6), which requires the monitoring of mitigation measures and reporting their implementation to ensure compliance as part of specific project approvals, Kimley-Horn will prepare a Mitigation Monitoring Plan (MMP) for the project. Implementation of any mitigation measures and the required monitoring would be linked to specific stages of project development to define when mitigation measures are to be implemented, responsible party, and method of monitoring. We assume one round of revisions based on the City's review of the MMP. City of Santa Ana - 8 - Kimley-Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G-19 TASK 7 - CIRCULATE INITIAL STUDY AND MND Kimley-Horn will prepare the Office of Planning and Research COPR) Notice of Completion, Notice of Availability and Notice of Intent as part of this task. Kimley-Horn will distribute the Notices and draft Initial Study to the State Clearinghouse, responsible agencies and other interested parties to initiate the public review period, but we assume the City would be responsible for posting and/or noticing in the local newspaper. Kimley-Horn would post the Notice of Intent at the Orange County Clerk's office. TASK 8 RESPOND TO COMMENTS AND PREPARE FINAL MND Upon completion of the 30-day public review period, Kimley-Horn will prepare written responses to letters of comment received. Comments will be discussed with the City and an approach to the responses will be agreed upon prior to preparation of the responses. Draft responses to comments will be submitted for review and comment. Once finalized, Kimley-Horn will provide copies of the responses to agencies and parties that provided written comments on the Initial Study. After responding to the comments and in accordance with City direction, Kimley-Horn will revise the Initial Study and MND and prepare the final documents. The Final Initial Study/MND will include necessary agreed-upon revisions requested by staff or resulting from the Public Review process, all Letters of Comment and Responses, and the MMP. This task assumes that following the adoption of the MND, Kimley-Horn would prepare and file the Notice of Determination at the Orange County Clerk's office. This task assumes 25 hours of effort to respond. Any effort- beyond these hours will be considered additional services. TASK 9 MEETINGS AND PUBLIC HEARINGS The Kimley-Horn team envisions the need for just one (1) project kick-off meeting with the project team. In addition, if required, Kimley-Horn will attend one Planning Commission and one City Council hearing regarding adoption of the document. PROJECT SCHEDULE A project schedule reflecting a six-month timeframe from notice to proceed to completion, including the appeal period, is provided on the next page. Our team is available and ready to start work immediately upon receipt of notice to proceed. FEE SCHEDULE A copy of our proposed fee, broken down by task, including the cost for the Air Quality, analysis by our proposed sub-consultant SRA, is provided on the last page of this proposal. City of Santa Ana -9- Kimley-Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 I 25G-20 in N a a .A N O V M O N N N r-1 N N O E N Q1 O1 0 w H Ql a O ^ 2 „ H a °i 0 o z u, Z a Q Q ° a ~ U 0 M z LL! F- Q rq H 0 ? ~ Q J ~ ~ = Q rn w LL! 1 N = z LL co U 0 O (A LU ^ H > W U p W a ~ p ~ Q J z M I a 0 0 N z O ° a Q E W > u JJ ~ Y C D.. ~ v o m ~c an Z ° O y O ~ a o Ln ° m ai - to a a d > w `i' 3 u a o o < co O Y a iA Y U O U G Y H to 'O Lt1 H Ql 'j y 41 ~ `n u ~ a u t`o - ~ m v ~ o m L o 0 In E - z a, fO •c v v ro o a`Qi n ,a E c ° a no ro d t !1 Q CL- 0 0. N U a d U ii Q d L d V a` ) x 25G-21 PREPARATION OF AN MND FOR A MCDONALD'S DRIVE-THROUGH RESTAURANT IN THE CITY OF SANTA ANA ESTIMATE OF COST BREAKDOWN BY TASK KIMLEY-HORN AND ASSOCIATES, INC. IF TOTAL TOTAL TASK HOURS COST Project Coordination / Kick-off 20 $3,950 Prepare Phase 1 ESA 49 $6,340 Prepare Draft Initial Study 59 $6,860 Traffic Impact Study / Trip Generation Study 108 $14,070 On-site Circulation and Queuing Evaluation 28 $4,100 Air Quality Study (Sub-Consultant SRA) 26 $4,700 Prepare MMP 10 $1,170 Circulate IS/ MND 17 $1,780 Response to Comments / Final MND 33 $4,290 Public Hearings 16 $3,300 TOTAL HOURS 366 $50,560 Expenses Office Expenses: duplicating, forms reproduction, plots, bluelines, $2,530.00 computer expenses, deliveries, etc. On-site driveway and queuing data collection @ $So / hr 24 1,200.00 Intersection Counts @ $200 per intersection (3 pk periods) 1.5 300.00 Roadway Counts @ $100 per segment 4 300.00 Total Expenses 4,330.00 Sub-Total $54,890.00 Contingency N/A $0.00 Total $54,990.00 4130/2010, 11:25 AM 25G-22 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 9 I 25G-23 25G-24