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HomeMy WebLinkAbout25B - ENVIRONMENTAL SERVICES THE PLANNING CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2010 TITLE: AGREEMENT FOR ENVIRONMENTAL SERVICES WITH THE PLANNING CENTER •T CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2 d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the The Planning Center for environmental services Mixed Use Transit Corridor Plan along Harbor approved by the City Manager and City Attorney. Council to execute the attached agreement with n an amount not to exceed $152,184 for Harbor Boulevard, subject to non-substantive changes DISCUSSION Through the Southern California Association of Government's (SCAG) Compass Blueprint Demonstration Program, the City of Santa Ana has been awarded approximately $200,000 for consultant services to prepare the Harbor Boulevard Mixed Use Transit Corridor Plan. The proposed Harbor Mixed Use Transit Corridor will include a study of the market feasibility, public services and infrastructure, community outreach, and recommendations for a new sustainable land use plan. After reviewing the Harbor Corridor Plan proposal, it was determined that an EIR will be required to meet the requirements of the California Environmental Quality Act (CEQA). Request for Proposals were received from four qualified planning and environmental firms. After reviewing the proposals, The Planning Center was selected by SCAG to prepare the Harbor Mixed Use Transit Corridor Plan based on the firm's experienced staff, knowledge of the study area, and ability to complete the work in a timely manner. Therefore, The Planning Center is recommended as the best choice for the environmental consultant for the project. The consultant has identified a cost of $152,184 for the mitigated negative declaration to be prepared (Exhibit 1). 25B-1 Agreement with The Planning Center December 6, 2010 Page 2 FISCAL IMPACT Funds in the amount of $52,184 are available in the Planning and Building Agency account for other contractual services (no. 01116510-62300), and funds in the amount of $100,000 are available in the Air Quality Management Trust Fund (no. 03116510-62300). The total contract amount will not exceed $152,184. APPROVED AS TO FUNDS AND ACCOUNTS: t J c". Trevino Francisco Gutierrez Executive Director Executive Director Planning and Building Agency Finance & Management Services Agency MM:rb mm\HarborCor\RFP RFCAccContract Exhibit: 1. Agreement 25B-2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010 by and between THE PLANNING CENTER, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation of the State of California ("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 firm 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 regarding the Harbor Boulevard Mixed Use Transit Corridor Plan project. 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 the 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. 25B-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. The total sum to be expended under this Agreement shall not exceed $152,184.00 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 upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, 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 nor 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 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 amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed 2 25B-4 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 fill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished 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 (30) 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 furnish 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) from any 25B-5 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is 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 PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 4 25B-6 telefacsimile (714) 973-1461 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:The Planning Center JoAnn Hadfield Director 1580 Metro Drive Costa Mesa, CA 92626 telephone (714) 966-9220 telefacsimile (714) 966-9221 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 consent of the City and any such assignment, transfer, delegation or subcontract without 25B-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 affn-ins 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. 25B-8 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, 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 fully 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: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA THE PLANNING CENTER JOANN C. HADFIELD Director WILLIAM HALLIGAN, Esq. Vice President 7 25B-9 EHIBIT A SCOPE OF SERVICES (Attached) 25B-10 November 9, 2010 Karen Haluza Planning Manager City of Santa Ana Planning & Building Agency 20 Civic Center Plaza, M-20 Santa Ana, CA 92702 Subject: Revised Proposal to Prepare a Program Environmental Impact Report (PEIR) for the Harbor Boulevard Corridor Vision Plan (P2010-0808E) Dear Mrs. Haluza: Environmental processing pursuant to the California Environmental Quality Act (CEQA) is a legal requirement, an objective analysis, and often, a highly technical exercise. At its core, however, it is a critical public and decision-maker disclosure process and should be an integral part of the planning process. The Planning Center will prepare a defensible Program Environmental Impact Report (PEIR) for the Harbor Boulevard Corridor Vision Plan (Vision Plan). The environmental analysis will be coordinated with the Southern California Association of Governments (SCAG) Demonstration Project to maximize efficiency and minimize overlap. We supported the City with their recent Housing Element, and are well qualified to assist the City with this project as well. At the request of the City, this revised proposal includes several revisions to reduce cost including: - Cost savings associated with overlap between PEIR traffic study and baseline traffic data processed for the SLAG Demonstration project. - Cost reduction associated with the City providing Traffic Analysis Zone (TAZ) data for the IBI traffic impact analysis. - Cost savings associated with elimination of standalone technical reports for infrastructure prepared by IBI. Technical analyses for infrastructure will be prepared by IBI Group but will be incorporated directly into the PEIR. In addition, this proposal has been revised to include 9 additional intersections (total of 19) to be evaluated by IBI Group. Please contact us if you have any questions. We thank you for the opportunity to work again with the City of Santa Ana. Project Understanding The Harbor Boulevard Corridor is identified in the recent Housing Element update as an opportunity corridor to increase housing supply and diversity in the City. SCAG is working with the Cityto develop a Demonstration Project in this opportunity area. The Vision Plan would create a mixed-use transit corridor by redesignating land uses to accommodate residential and mixed-use development along Harbor Boulevard. Redesignation of land uses would require amendments to the North Harbor Boulevard Specific Plan and General Plan Land Use Element. The North Harbor Specific Plan boundaries generally overlap with the proposed boundaries for the Vision Plan. As part of the Vision Plan, it may be recommended that the boundaries of the North Harbor Boulevard Specific Plan be expanded. The approximately 2.25-mile corridor is commercially oriented. As a result of changes to the North Harbor Boulevard • 1580 METRO DRIVE I COSTA MESA CA 92626 1 714.966,9220 .1 714.966.9221 {f) WWW.PLANNINGCENTER.COM . 25B-11 November 9, 2010 Page 2 Specific Plan, the project would require revisions to the zoning code and design guidelines to accommodate neW higher-density residential land uses and mixed-use land uses along the corridor. The project would also require an amendment to the Circulation Element of the General Plan to accommodate a new street classification for Harbor Boulevard. Potential environmental issues associated with the proposed Vision Plan include an increase in air pollutant emissions and deterioration of the level of service at intersections in the vicinity of the project as a result of an increase in vehicle trips. In addition, because the land uses are commercially oriented, new residential and mixed-use land uses may have different requirements related to public infrastructure (e.g., sewer, water, storm drainage). Construction activities associated with redevelopment of the Harbor Corridor could also increase noise levels at adjacent noise-sensitive receptors. The City's 2006--2014 Housing Element was approved by the state this summer. Pursuant to state requirements, the Cityis required to implement changes to the City's zoning in order to accommodate the increase in residential density. Changes to the zoning are required to be adopted by summer 2011. Consequently, the City desires to fast-track the Vision Plan to adopt the zone changes required for the Harbor Boulevard Corridor in addition to implementing the Vision Plan. Approach In our view, the appropriate CEQA document for the Harbor Boulevard Corridor Vision Plan is a Program EIR (PEIR). This type of EIR covers broad, cumulative issues, so that future CEQA reviews of specific development projects could be focused on site-specific issues. It is also ideal for analyzing the relative environmental impacts and tradeoffs between broad-scale project alternatives as in the proposed scenarios for the Vision Plan. The Planning Center will utilize existing information compiled as part of our recent work with the City on the Housing Element in order to efficiently document existing conditions and identify potential environmental impacts. The Planning Center's team of CEQA practitioners will work closely with The Planning Center's Planning and Design Team for the SCAG Demonstration project to minimize overlap and draw upon technical information during that phase of the project for environmental processing. IBI Group has been included in our scope of work because of their understanding of the benefits of the mixed-use, transit-oriented project, and they will expand upon technical information being evaluated for work under the SCAG Demonstration Project regarding traffic and other infrastructure needs (e.g., sewer, water, and storm drainage). Scope of Work TASK 1 - TECHNICAL STUDIES The following technical studies will be prepared to identify potentially significant environmental impacts: Task 1.1 Transportation and Traffic IBI Group will prepare a traffic analysis for the PEIR that documents the potential impacts associated with implementation of the Vision Plan and recommends mitigation measures for any identified significant impacts. Level of service (LOS) and intersection performance for signalized intersections for existing and future conditions will be quantified. Data Collection & Existing Conditions. The work effort in this task will build-off of the existing conditions work done as part of the SCAG Demonstration project. For the EIR effort, 161 will incorporate the appropriate information obtained 25B-12 November 9, 2010 Page 3 through the SCAG Demonstration project and conduct peak period traffic counts to establish the existing conditions at designated study intersections. It is assumed that the City of Santa Ana will also be able to provide transportation analysis zone (TAZ) level data on existing land uses within the study area for use in understanding existing uses and developing future land use values for trip generation. Based on information being gathered for the SCAG Demonstration project, the traffic report will include an evaluation of existing traffic and circulation conditions at the project study intersections, including: 1) Intersection operating conditions for typical weekday AM/PM peak hour conditions 2) Descriptions of geometric roadway conditions 3) Description of existing transit services in the vicinity of the project site Peak-period traffic counts will be conducted to establish the existing condition at the study intersections. Existing intersection operating conditions (in terms of volume/capacity ratios and level of service) will be quantified using the ICU analysis methodology as adopted by the City of Santa Ana. The budget for the traffic analysis assumes analysis of up to 19 intersections and collection of traffic counts for these locations. Future Conditions. (BI will forecast and analyze future traffic conditions for the "no project" condition and for the "with project" condition for the designated horizon year for the Vision Plan. It is assumed that the future conditions traffic analysis will be focused on the buildout year for the project, and analysis of interim years would not be required. IBI will work with the City of Santa Ana to develop an appropriate forecast of future traffic conditions for the area. It is anticipated that an annual traffic growth factor will be applied to the existing traffic counts to obtain future traffic volumes. Cumulative trips from nearby developments would be added to the base traffic volumes. Graphics and tables will be used to illustrate the future traffic analysis results and to summarize the performance of the study intersections following the implementation of the Vision Plan. Fallowing review and comment by the City of Santa Ana, IBI will prepare responses to comments for one screencheck traffic study and revise the report as appropriate for inclusion into the Draft PER Up to two meetings with the City of Santa Ana and two hearings (Planning Commission and City Council) would be attended by IBI staff.. Task 1.2 Infrastructure Analysis IBI Group will prepare an infrastructure analysis for the EIR that documents the potential impacts and measures to ensure the infrastructure needs are provided for. IBI Group will coordinate with The Planning Center staff, affected public service agencies, and utility purveyors to assess potential impacts of the Vision Plan. The following services, facilities, and utility systems will be considered as part of this evaluation: domestic water service; sanitary sewer service, and stormwater drainage. This work effort will build on the preliminary infrastructure analysis completed as part of SCAG's Demonstration Project. The evaluation will be limited to the Harbor Boulevard corridor only, consistent with the anticipated land use proposals to be developed as part of the Vision Plan. It is assumed that the analysis will address one land use scenario for the Harbor Corridor Plan (alternative development scenarios are not included in the project budget). Up to two meetings with the City of Santa Ana Municipal Services Division, the Orange County Sanitation District, and/or the Orange County Flood Control District and two hearings (Planning Commission and City Council) would be attended by IBI staff. Water Service Analysis IBI will evaluate existing water service capacity and capabilities for the "no project" and "with project" condition for the Harbor Boulevard Corridor Vision Plan. If deficiencies in infrastructure are present, IBI group will identify 25B-13 November 9, 2010 Page 4 infrastructure required to accommodate the project. Following the completion of the evaluation, IBI Group will incorporate the results of the analysis in the Draft PEIR. Sewer Service Analvsis IBI will analyze the "no project" condition and "with project" condition related to sanitary sewer system capacity within the Harbor Boulevard corridor. The evaluation will examine capacity and flow rates for City of Santa Ana sewer systems and Orange County Sanitation District systems, if applicable. If deficiencies in infrastructure are present, IBI group will identify infrastructure required to accommodate the project. Following the completion of the evaluation, IBI.Group will incorporate the results of the analysis in the Draft PEIR. Storm Drainaae Assessmen IBI will analyze the "no project" condition and "with project" condition related to storm drainage system capacity within the Harbor Boulevard corridor. The evaluation will examine capacity and flow rates for City of Santa Ana storm drain systems and Orange County Flood Control District systems, given the proximity to the Santa Ana River. If deficiencies in infrastructure are present, IBI group will identify infrastructure required to accommodate the project. Following the completion of the evaluation, IBI Group will incorporate the results of the analysis in the Draft PEIR.. Task 1.3 Air Quality and Greenhouse Gases The Planning Center will prepare an air quality assessment in support of the project. Redevelopment consistent with the Vision Plan would result in an increase in emissions from stationary and mobile sources. Potential reductions in vehicle emissions from proximity to the Orange County Transportation Authority's Harbor Boulevard transit lines will be quantified based on traffic data provided by IBI Group, In terms of individual projects related to buildout, short- term construction activities and long-term operational activities associated with increased vehicle traffic and residential and nonresidential buildings would increase air pollutant emissions in the City. These emissions have the potential to cumulatively contribute to the nonattainment designations of the South Coast Air Basin (SoCAB). The air quality assessment will evaluate the increase in criteria air pollutant emissions associated with buildout of the proposed land use plan, in accordance with the South Coast Air Quality Management District's (SCAQMD) assessment methodology. Regional air pollution associated with the Vision Plan will be quantified and assessed based on SCAQMD's significance thresholds. In addition, compatibility of land uses with respect to the California Air Resources Board's (CARS) siting recommendations will be evaluated. Air quality modeling datasheets will be included as an appendix to the PEIR. The Natural Resources Agency adopted thresholds for greenhouse gas (GHG) emissions on December 30, 2009. To address these thresholds, the PEIR for the Vision Plan will include a quantitative emissions analysis in accordance with the recently adopted updated CEQA Guidelines (effective as of March 18, 2010). The emissions inventory will be categorized based on the ultimate end use of fossil fuel use-transportation, electricity, building heating/cooking, etc. The PEIR will address GHG emissions reductions specified in AB 32 for the state. Although the Sustainable Communities Strategy for the SCAG region will not be adopted until May 2012, the PEIR will discuss regional GHG emissions reduction targets proposed by the SCAG in accordance with SB 375. The PEIR will include an evaluation of GHG emissions reductions measures requested by the California Attorney General and the California Air Pollution Control Officers Association (CAPCOA). Task 1.4 Nolse The Planning Center will assess noise impacts associated with buildout of the Vision Plan. The purpose of this task is to evaluate existing and future noise levels in the City and the potential increase in the ambient noise environment. Noise from traffic on major arterials will be based on future traffic volumes in the traffic study prepared by IBI Group and modeled using the Federal Highway Administration's Traffic Noise Model. The City's municipal code limits will be used to describe potential stationary source noise impacts.1n addition, the impact assessment will utilize criteria in the 25B-14 November 9, 2010 Page 5 City's Noise Element and criteria identified in the California Administrative Code Title 24 (interior noise standards) for noise compatibility. Noise modeling datasheets will be included as an appendix to the PEIR. TASK 2 - INITIAL STUDY/NOTICE OF PREPARATION The Initial Study (IS) will include brief written responses for all items included on the standard Appendix G checklist, including the new thresholds that became effective March 18, 2010. Each response will explain the basis for the assessment of No Impact, Less Than Significant Impact, Less Than Significant Impact with Mitigation Incorporated, or Potentially Significant Impact; clearly indicate why a particular issue would not result in a significant impact and does not require further evaluation; and identify those issues that require further analysis in a PEIR. Given the City's decision to prepare a PEIR, it is assumed for the purpose of this proposal that checklist responses will consist mainly of short statements that lead to further analysis in the PEIR. A complete list of references used to prepare the 15 will be provided. A Notice of Preparation (NOP) will be prepared with the IS that clearly identifies the time period, contact person, and address for submitting responses on the IS. A copy of the IS will be attached to the NOP to explain the preliminary scope of issues to be included in the PEIR for distribution by the City. Deliverable(s): - Screencheck IS/NOP (5 review hard copies per screencheck) - IS/NOP (1 single-sided reproducible IS/NbP, 1 CD copy in MS Word) - Distribution of the IS/NOP via certified mail TASK 3 - SLOPING MEETING The Planning Centerwill assist the City in organizing and conducting one public scoping meeting to present the CEQA process and solicit comments about the scope and content of the PEIR for the Harbor Corridor Vision Plan project. At the public scoping meeting, we will be prepared to discuss the environmental review in connection with the proposed project and respond to specific questions, as desired by the City. We recommend that the scoping meeting be noticed in the NOP and held as soon as possible following the release of the NOP. A summary of the comments received at the public scoping meeting will be included in the PEIR as an attachment to include community input with this official environmental document. Deliverables Attendance/participation in scoping meeting (Project Director and/or PEIR project manager) - Scoping meeting handouts TASK 4 - SCREENCHECK DRAFT PROGRAM EIR The Planning Center will prepare a Screencheck PEIR based on the environmental topic sections disclosed in the I5. The PEIR will be clearly written and will avoid the use of technical jargon so that the document is easily understood. If technical terms need to be introduced for accuracy, they will be clearly defined. The analysis of issues will be thorough yet concise. Each topical section of the document will 1) describe existing environmental conditions, 2) define the criteria by which impacts will be determined to be significant, 3) determine the environmental changes that would result from the project, 4) evaluate the significance of those changes with respect to the impact significance criteria, 5) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and b) provide a conclusion as to whether significant impacts would remain, even after successful implementation of recommended mitigation measures and project design features. 25B-15 November 9, 2010 Page 6 Technical studies, as described above, will be prepared for air quality, noise, greenhouse gas emissions, transportation/traffic, and infrastructure (e.g., water, sewer, and stormwater) to supplement information being prepared for the Demonstration Project. Since EIR scoping is yet to be completed and this project is expected to be of great interest to the community, it is assumed at this time that all topics in the Initial Study Checklist-except biological resources, agriculture and forest resources, and mineral resources-will be included in the Program EIR for the Vision Plan. General Information Executive Summary: This section will consist of a concise summary of the information presented in the main body of the PEIR. This will include: ¦ Brief project description • Tabular summary of findings regarding project and cumulative impacts, mitigation measures, and any unavoidable significant impacts ¦ Summary of discretionary approvals required for the project ¦ Brief description of the alternatives considered, noting which one was considered the environmentally superior alternative • Areas of controversy and issues to be resolved Introduction: This section is intended as a convenience to the reader who is not familiar with CEQA, EIRs, or the environmental review process. The purpose and standards of adequacy for an EIR will be defined and the environmental review process discussed. Characteristics of a Program EIR will also be described. Project Description: The project characteristics associated with the Vision Plan will be described, along with a statement of project objectives as determined by the City of Santa Ana. Buildout statistics included as part of the Vision Plan, including residential units, nonresidential square footage, population and employment, will be included. In addition, policies and design guidelines in the North Harbor Specific Plan will be listed. Illustrations will include regional and site location maps and the Vision Plan. Environmental Setting: A general description of the regional and local setting will be provided to establish the environmental and planning context. In addition to physical characteristics, relevant regional and local planning programs will be discussed to establish whether this project is consistent with applicable planning policies and programs. Existing land uses statistics, including units, nonresidential square footage, population, and employment, will be included. More detailed descriptions of existing conditions and pertinent policies will be provided, where appropriate, as part of the discussions under each of the specific impact topics in the main body of the EIR. Although the final scope of the EIR can't be determined until after the IS/NOP is completed, it is anticipated that the following topical sections will be included: • Aesthetics • Air Quality ¦ Cultural Resources ¦ Geology and Soils ¦ Greenhouse Gases • Hazards and Hazardous Materials ¦ Hydrology and Water Quality • Land Use and Planning • Noise ¦ Population and Housing ¦ Public Services ¦ Transportation and Traffic • Recreation ¦ Utilities and Service Systems 25B-16 November 9, 2010 Page 7 Amended CEQA Guidelines The PEIR will be prepared in accordance with the amended CEQA Guidelines, effective March 18, 2010. These updated CEQA Guidelines include new requirements to address forestry resources in the new Agriculture and Forest Resources subsection of a new Greenhouse Gas Emissions section, and amendments to the Transportation and Traffic section to address alternative modes of transportation. A discussion of forestry resources will be included in the IS to address potential impacts to forestland and timberland resources; however no significant impacts are anticipated. The PEIR will also include a Greenhouse Gases section to address the new CEQAThresholds, In addition, energy use is now required to be evaluated per the changes to CEQA Guidelines Appendix F. For the PEIR, the Utilities and Service Systems section will include an estimate of energy demand associated with land uses in the Vision Plan. The new transportation thresholds allow for lead agencies to consider thresholds adopted by agencies for alternative transportation. In response to the amended thresholds, the PEIR will include a discussion of implementation policies included in the Vision Plan to promote transit use and other alternative modes of transportation. SB 18 Senate Bill 18 (5818) requires local governments to notice and consult with tribes prior to adoption of general plans, specific plans, or projects that require a general plan amendment. This proposal assumes that tribal consultation in accordance with SB 18 will be conducted for the Vision Plan by the City of Santa Ana. A Notice of Availability (NOA) for the PEIR will be sent to tribes on the Native American Heritage Commission (NAHC) list. Alternatives In compliance with Section 15126(d) of the State CEQA Guidelines, the PEIR will evaluate a reasonable range of alternatives. Per CEQA, PEIR alternatives are required to be selected on the basis of their ability to: ¦ Avoid or reduce one or more of the project's significant impacts ¦ Feasibly attain most of the basic objectives of the project Analyses of up to two alternatives in addition to the "No Project" alternative are included in the cost estimate for the PEIR. Impacts associated with each alternative will be compared to proposed project impacts for each of the environmental impact categories. If any of the land use variations considered during the planning process have the potential to reduce or eliminate significant environmental impacts, we will draw on this effort to prepare meaningful CEQA alternatives for comparis9n. The environmentally superior alternative will be identified; if it is the No Project/Existing Conditions Alternative, then one of the development alternatives will be identified as environmentally superior to the others. Other Required Sections In addition to the topical issues discussed above, the following sections will be prepared: ¦ Environmental effects found not to be significant during the Initial Study scoping process ¦ Adverse environmental impacts that cannot be avoided if the project is implemented ¦ A discussion of cumulative impacts for each of the impact topics ¦ Any irreversible environmental changes that will occur if the proposed project is implemented ¦ Ways in which the project could directly or indirectly impact population or employment growth in the area Deliverable: - Screencheck Draft PEIR (5 review hard copies per screencheck) 25B-17 November 9, 2010 Page 8 TASK 5 DRAFT ENVIRONMENTAL IMPACT REPORTMOA The Planning Center will incorporate City comments on the Screencheck Draft PEIR. The Planning Center will meet with City staff (see Task 8) to discuss and resolve any major areas of concern or to clarify areas of misunderstanding, etc. The Planning Center will prepare the Notice of Completion (NOC) for City approval and signature. We will also prepare the Notice of Availability (NOA) for City approval for distribution by the City. Deliverable(s): - Draft PEIR (single-sided reproducible Draft PEIR, 1 CD copy in MS Word) TASK 6 FINAL PEIR The Final PEIR will be prepared in accordance with CEQA Guidelines Section 15089 and will contain the final response to comments received on the Draft PEIR. The Final PEIR must reflect the lead agency's independent judgment and analysis and is presented to the Santa Ana City Council for consideration and approval. Following receipt of all comments on the Draft PEIR, written responses will be prepared for each comment. A Response to Comments section will be created for the final PEIR and will contain an introduction describing the public review process for the Draft PEIR, copies of all comment letters and minutes from public meetings where oral comments were taken, and written responses to all comments. Responses will focus on comments that address the adequacy of the Draft PEIR. Comments that do not address EIR adequacy will be noted as such and no further response will be provided unless deemed necessary by the City. Responses will be prepared by The Planning Center with input from our technical specialists, as needed. The Final PEIR will also include any revisions, updates, or corrections needed to respond to comments or address minor errors in the Draft PEIR. The estimated budget assumes that no additional basic research will be required to respond to comments, that the comments will be directed at the substance and technical adequacy of the EIR, and that the comments will be compiled by the City and transmitted in writing to the consultant. Modification to the scope of work, budget, and time frame may be necessary if comments received from agencies or the general public require substantially increasing the scope of impacts and issues addressed in the EIR. Responses to Comments from responsible agencies will be provided to the City so that the City can distribute those comments a minimum of 10 days prior to consideration of the Final PEIR by the Santa Ana City Council. Deliverables: - Screencheck Final PEIR (5 review hard copies per screencheck) - Final PEIR (single-sided reproducible Final PEIR, 1 CD copy in MS Word) TASK 7 FINDINGS OF FACT AND SOC, MMP, AND NOD In addition, The Planning Center will prepare the Mitigation Monitoring Program, the Findings of Fact, a Statement of Overriding Considerations (if required), and the Notice of Determination (NOD). 25B-18 November 9, 2010 Page 9 Findings of Fact and Statement of Overriding Considerations. Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR identifies one or more significant effects unless the public agency prepares findings for each significant effect. The Planning Center will prepare findings and facts in support of findings for each of the significant impacts identified by the EIR, along with a determination as to whether those impacts would be reduced to below a level of significance by proposed mitigation measures. Additionally, Section 15093 requires that when an agency approves a project thatwill have significant adverse unavoidable environmental effects, the agency must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental damage. These facts and findings and the statement of overriding considerations for any significant impacts will be incorporated into the resolution to be prepared by City staff. Mitigation Monitoring Program A Mitigation Monitoring Program (MMP) will be prepared pursuant to Section 21081.6 of the Public Resources Code. The MMP will include any mitigation measures in the PEIR. The MMP will list the significant impacts that would result from the project; proposed mitigation measures for each impact; the times at which the measures will need to be implemented; the entity responsible for implementation; the City departments or other agencies responsible for monitoring the mitigation effort and ensuring its success; and compliance verification criteria. Notice of Determination If the project is approved by the lead agency, an NOD is filed within five working days. The City will be responsible for filing the NOD with the County Clerk of the Board in Orange County, as well as the State Clearinghouse.' Deliverable(s): - Findings of Fact and Statement of Overriding Considerations (5 review hard copies and 2 CD copies) - Mitigation Monitoring Program (5 review hard copies and 2 CD copies) - Notice of Determination TASK 8 MEETINGS AND HEARINGS In an effort to achieve a high level of communication, our estimated budget assumes that The Planning Center's Project Manager will attend up to two meetings with City staff during the course of the environmental review process. Additional meetings or attendance by other members of the consultant team will be billed on a time-and-materials basis. Costs for meeting attendance will be billed in accordance with the hourly rates for the personnel involved. During the final month of the project, we anticipate attendance at up to two public hearings, including the Planning Commission and City Council hearing(s), concluding in adoption of the Vision Plan (including General Plan and Specific Plan amendments) and certification of the Final PEIR. As specified below, the Project Director and the Project Manager will attend these public hearings to answer any questions regarding the CEQA process, the EIR findings, etc. Deliverable(s): - Conference calls (up to 3) - Attendance at 2 meetings (Project Manager) (in addition to the Public Scoping meeting) - Attendance at one Planning Commission hearing (Project Manager) - Attendance at one City Council hearing (Project Director and Project Manager), as detailed in the attached schedule. ' For the purpose of the scope of work and cost estimate, it is assumed that the City would be responsible for California Department of Fish and Game (CDFG) mitigation fee and county filing fees. 25B-19 November 9, 2010 Page 10 TASK 9 PROJECT MANAGEMENT The Planning Center will coordinate closely with the City to ensure that the PEIRand associated documents are legally defensible, accurate, and useful to decision makers when considering the approval of the project. Project management responsibilities include: task scheduling and assignment; management of resources; monitoring of costs and schedule adherence; management and coordination of subconsultants, including contract administration and accounting; consultation and coordination with local and state entities relative to the environmental review process; and coordination and communications with the City's project team to ensure compliance with policies, procedures, and any applicable codes. Deliverable(s): - Project Management and Administration for an approximate 9-month schedule, as detailed in the attached schedule. Proposed Schedule We will work at the outset of the project to develop a schedule that meets the needs of the City. Attached is an MS Project schedule developed for the Harbor Boulevard Corridor Vision Plan PEIR based on required CEQA review periods and our understanding of the City's scheduling objectives for this project. As shown, based on provision of a complete project description by November 2010, we estimate that the Final PEIR could be certified by July 2011. Cost Estimate The Planning Center proposes to conduct the scope of services identified in this proposal for a not-to-exceed fee of $152,184. As noted below, the Cost Estimate does not include reproduction and distribution costs associated with public review copies of the documents (IS/NOP, Draft PEIR, FEIR) or filing fees required by the County of Orange. If requested, The Planning Center can prepare hardcopies/CD copies for public distribution at cost plus 10 percent, which is estimated at $12,300. Our assumptions and deliverables are detailed in the previous section. We remain open to modifying our scope of services and associated fee based on any changes desired by the City. The table below presents the costs detailed by task. Any additional costs accrued during the project that are outside the scope of work identified in this proposal will 'be billed according to our standard schedule of fees. 25B-20 November 9, 2010 Page 11 Table 1. Cost Estimate TASK T TPC LABOR SUB- CONSULTANTS' TOTAL COST Task 1 - Technical Studies Task 1.1 - Traffic Analysis $21,828 $24,011 Task 1.2 - Infrastructure - $23,874 $24,218 Task 1.3 - Air Quality and GHG Analysis $7,890 - $7,890 Task 1.4 - Noise Analysis $4,390 - $4,390 Technical Studies Subtotal $12,280 $48,228 $60,508 Task 2 - Initial Study/NOP' $6,890 Task 3 - Scoping Meeting $1,840 Task 4 - Screencheck Draft PEIR; $41,640 Task 5 - Draft PEIR/NOA' $6,580 Task 6- Final PEIRZ $10,600 Task 7 - Findings, Statement of Overriding Considerations, NOD $3,590 Task 8- Meeting and Hearing $1,440 Task 9- Project Management $16,860 Labor Subtotal $150,908 Reimbursabless' EDR Hazardous Materials Database Search $600 Mileage $60 Miscellaneous Printing/Faxing/Scanning/Mailing $500 Reimbursables Subtotal' $1,276 GRAND TOTAL $152,184 Subconsuitant fees include a 101/9 markup. Our cost estimate is based on no more than two rounds of internal review on the Screencheck IS and Screencheck Draft PEIR and that City comments are consolldated into one document. For the purpose of this scope and cost estimate, it is assumed that internal comments will take up to 8 hours for the IS, up to 40 hours for the screencheck Draft PEIR, up to 40 for the Final PEIR, and up to 8 hours of 101 response to traffic comments on the final PEIR. ' Relmbursables are an estimate only and are billed at cost plus 10%. Mileage reimbursement rate Is the standard IRS- approved rate. 25B-21 November 9, 2010 Page 12 Table 2. The Planning Center - 2010 Standard Fee Schedule STAFF LEVEL HOURLY RATE Principal $200--$250 Director/ream Leader $140-$225 Sr. Planner/Scientist/Designer Il $135-$215 Sr. Planner/Scientist/Designer 1 $115-$155 Associate Planner/Scientist/Designer II $105-$130 Associate Plan ner/Scientist/Designer 1 $954110 Assistant Plan ner/Scientist/Designer II $80-$100 Assistant Planner/Scientist/Designer 1 $60-$80 GIS/CAD Operator II $100-$135 GIS/CAD Operator 1 $90-$105 Graphic Artist II $85-$130 Graphic Artist 1 $75-$95 Planning Tech niciarylntern $60-$80 Technical Editor $95-$100 Word Processing $75-$85 CiericaVAdministration $60-$100 Third-Party CEQA Review $225 Expert Witness 2 x Normal Hourly Rate Other direct costs are billed at cost plus 12.5%. Mileage reimbursement rate is the standard IRS-approved rate. Acknowledgment This proposal shall remain valid for a period of 90 days from the time of submittal. The attached Service Authorization, which includes our General Terms of Consulting Agreement, is a part of this proposal. If the contents of this Proposal and Agreement are satisfactory, please indicate your approval by signing the Service Authorization and sending it to our Corporate office. As Director, Environmental Services, I am authorized to bind The Planning Center and the project team to the contents of this proposal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to call the undersigned at 714-966-9220. Respectfully submitted, THE PLANNING CENTER IoAnn C. Hadfield Director, Environmental Services 25B-22 a a 25B-23 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 Policy # Issued to- this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25B-24