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HomeMy WebLinkAbout25C - AGMT - ENVIRONMENTAL SRVS AT WILLARDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2011 TITLE: AGREEMENT FOR ENVIRONMENTAL SERVICES WITH THE PLANNING CENTER i (?? rl tr--,.s CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with The Planning Center for environmental services in an amount not to exceed $33,628 for Athletic Field Improvements at Willard Intermediate School, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In November 2010, the City of Santa Ana was awarded a $4.4 million grant from the State of California to improve the athletic field at Willard Intermediate School for the purpose of providing a public park. The new park will be a joint-use recreational facility for Willard students during school hours and then open to the community for its use after school, on weekends, and during the summer, winter, and spring school breaks. The improvements include the installation of a synthetic turf sports field, tarton running track, sports lighting, a restroom building, tot lot (play equipment area), three basketball courts, and decorative fencing. After reviewing the proposal, it was determined that a Negative Declaration will be required to meet the requirements of the California Environmental Quality Act (CEQA). A Request for Proposal (RFP) for consultant services was authorized by the City Council on February 7, 2011. The RFP was prepared and sent to four different environmental firms. A proposal was received from one environmental firm. After reviewing the proposal, the firm was found to be qualified, and the Planning Center was selected 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 for the environmental consultant for the project. The consultant has identified a cost of $33,628 for the negative declaration and associated technical studies to be prepared (Exhibit 1). 25C-1 Agreement with The Planning Center March 7, 2011 Page 2 FISCAL IMPACT Funds are available in the Parks and Recreation grant account (no. 01113200-62300). The total contract amount will not exceed $34,000. APPROVED AS TO FUNDS AND ACCOUNTS: J y q. -Trevino Ex utive Director Planning and Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency L C Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency HS:rb hs\WiIIiad_EIementary\RFP RFCAccContract Exhibit: 1. Agreement 25C-2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011 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 siich 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 Willard Intermediate School Athletic Fields Improvement 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. 25C-3 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 $33,628.00 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 25C-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 full 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, f 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 25C-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 teceives 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 25C-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 Dwayne Mears, AICP Principal, School Facilities Planning 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, betNveen 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 25C-7 the City's prior written consent shall be considered mill 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. 25C-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 fiilly 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 Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA City Attorney By: Ryan 0. Hodge Assistant City Attorney DAVID N. REAM City Manager THE PLANNING CENTER DWAYNE MEARS T Principal, School Facilities Planning RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA WILLIAM HALLIGAN, Esq. Vice President 7 25C-9 25C-10 EHIBIT A SCOPE OF SERVICES (Attached) 25C-11 I SCOPE OF SERVICES The City of Santa Ana and Santa Ana Unified School District were awarded a $4.4 million Proposition 84 grant to improve the athletic field at Willard Intermediate School for the purpose of creating a public park. The improvements include installation of a synthetic turf sports field, all-weather running track, lighting for night- time use, restroom building, tot lot, three basketball courts, and fencing. The facilities will be joint use, with the school using the fields during school hours and the City and community using the facilities after school hours, on weekends, and during school-43reaks. While events such as a track meet or soccer match will likely occur at the facility, it is assumed that bleachers (and large spectator events) are not part of this project. Willard Intermediate School is located In a residential area with very limited access to parks. The proposed lighted track and field would be about 80 feet from the front of the residential structures on Parton Street. While the field Is already used by students during school hours, the project would introduce nighttime events with associated light and glare, noise and additional parking demand. Project Approach Based on our understanding of the project and our experience with similar projects, we believe that the project will not require a full E1R, but can be cleared through a (Mitigated) Negative Declaration. We will prepare the various studies in an objective manner and work with City (and District) staff and consultant team whenever project changes or mitigation measures are necessary to reduce impacts to a less than significant level. If any impacts remain significant despite best efforts at finding solutions, an EIR would be required, resulting in a change to this scope. We are not aware of any Federal funding or other involvement in this project, hence we do not believe the requirements of NEPA will be triggered. Initial Study/MND The Planning Center will prepare an Initial Study containing a description of the project and environmental setting, identification of responsible and trustee agencies, a checklist of impacts, a review of each topic, and appropriate mitigation measures. Mitigated Negative Declaration The Initial Study will be attached to the Mitigated Negative Declaration (MND). As required In CEQA Guidelines Section 15071, the MND will contain a brief description of the project, the applicant's name, the location of the project site, the proposed finding of no significant impacts, and a list of mitigation measures. Notice of Intent to Adopt. The Planning Center will prepare a Notice of Intent to Adopt the MND. Document Printing and Circulation. The firm will print copies and be responsible for distributing the MND. The creation of a mailing list of adjacent residents and property owners is not included in this scope, but can be added if requested. (Such a mailing is not required by CEQA.) Document Revisions. Following the close of the public review period, responses will be prepared and, if appropriate, the MND may be revised. For budgeting purposes, a maximum number of hours is assumed for preparation of responses to comments. Additional effort would require a modification of this scope and fee. Mitigation Monitoring Program. A Mitigation Monitoring Program will be prepared for the MND. THE PLANNING CENTER I ?RrJP 5 J:1_ J ?? ,'i^R'rdE^,l?c SC 170E ATH_ci lL 71F i6,-F.pd?t,5`cl;' 25C-12 TECHNICAL STUDIES Light and Glare The Planning Center will conduct a nighttime site reconnaissance to document the existing lighting conditions in the area. Because the proposed site and surrounding lands are flat, there are no topographical features that would obscure existing or future light. We will document the location of adjacent residences and existing ambient lighting conditions. The description will include information on the residential lines of sight to the existing site and proposed athletic facilities. Nighttime light levels (in foot-candles) will be measured to establish the baseline condition in the project vicinity. Existing sources of light and Illuminated areas will be"docuinented. Assess Proposed Project and Lighting Plan: We will review the lighting plans and specifications, and location and dimensions of the athletic field. Construction of the lighting model will require the following information from the district architect: + Number and location of poles + Number of lights on each pole + Wattage of each light + Type of lighting-element + Beam type + Anticipated aiming angles + Field coverage requirements/target field lighting Illumination level in foot-candles Construct LightingSlmulation Modeb Construct a lighting simulation model of the school athletic field based on the information provided by the district. We will use Autodesk° 3ds Max` 2010 software application to generate the point-by-point calculation for the proposed field lights. The calculated Illumination levels (foot- candies) on and adjacent to the athletic field will be overlaid on the proposed project site plan to create the report figure. The final figure will have foot-candle levels and lighting contours to show the illumination levels in concentric circles. This task does not include simulation of buildings, trees, fences, or other solid objects that would block light. Lighting contour will be constructed over all intervening objects. If a more precise simulation is required that includes buildings and trees and fences, additional budget will be requested. However, for CEQA analysis, unless there is an unusual circumstance, light trespass at property lines adjacent to the field is the depth of analysis required. Evaluate of Glare Potential.. Light-sensitive uses identified in the first task and drivers on surrounding streets that have a direct unobstructed view of the proposed lighting elements may be affected by glare. To assess this potential, we will identify the line of sight between each of the proposed lighting elements and adjacent light- sensitive uses. The line of sight will take into account the height of the pole, proposed aiming angle, beam type, light hoods or louvers, and distance to surrounding sensitive uses. Traffic and Parking (optional task) An analysis will be conducted to determine the impacts of the proposed athletic field/park project on traffic and parking conditions in the vicinity of the project site. The streets providing access to the site will be inventoried with regard to such physical characteristics as number of lanes, types of traffic control devices, sidewalk locations, and driveway locations. Traffic conditions will then be evaluated based on existing and projected future peak hour traffic volumes and Intersection levels of service. Traffic volume data will be collected from the City of Santa Ana, if available. Where needed, new traffic counts will be taken at the streets and intersections in the project vicinity to update and supplement. the available data. The traffic counts will be taken during the weekday and weekend afternoon peak periods. It Is anticipated that the analysis will include Ross Street, 15th Street, Parton Street, Washington Avenue, 17th Street, Flower Street, Broadway, and up to eight intersections in ?J+IINltJC IS'HIf?I,ITfL+.Iw SOMETii,!IG .5% -ti -„ tilt; go*tj 4=;'S"C2_A3?3FtT? 25C-13 I the project area, Staff at the City of Santa Ana will be consulted to identify the intersections that will be evaluated. The future baseline traffic volumes will be forecast by considering the effects of general area-wide growth and the cumulative volumes of traffic that would be generated by other proposed development projects in the area. The impacts of the proposed project will be determined by estimating the levels of traffic that the activities at the athletic fields and park would generate then conducting a before-and-after analysis of traffic conditions on the streets and intersections in the site vicinity (Le., traffic conditions with and without the proposed project). The volume of traffic that would be generated by the athletic fields and park will be based on the trip generation rates from the Institute of Transportation Engineers' Trip Generation manual. The traffic analysis will address the project's impacts during the afternoon peak period on a typical weekday and on a weekend day. The analysis will also address the anticipated parking impacts of the proposed project. Potential measures for mitigating the adverse traffic and parking impacts (if any) will be identified -in consultation with the City of Santa Ana. The analysis methodology, assumptions, and findings will be summarized In report sections suitable for Insertion Into the environmental document. Air Quality Potential air quality impacts associated with construction and operation of the project will be analyzed in the EIR. The analysis will be based on the South Coast Air Quality Management District's (SCAQMD) methodology for projects in the South Coast Air Basin (SOCAB). Air pollutant emissions will be quantified using the CALEEMOD computer model for both the construction and operational phases. Construction modeling will be based on construction phasing, the construction schedule, and anticipated equipment for each type of construction activity, Air pollutant emissions will be compared to SCAQMD's regional thresholds of significance to determine the significance of project-related construction emissions due to the expansion of the stadium and reconfiguration of the athletic field. Onsite localized project-related emissions associated with vehicle exhaust and dust generated during the construction phase will also be evaluated against SCAQMD's screening-level localized significance thresholds (LSTs) for projects under five acres to determine whether sensitive residential uses along local roadways would be exposed to air pollution that exceeds the ambient air quality standards (AAQS). Project-related emissions will also be evaluated relative to consistency with the air quality management plan. Greenhouse Gas Emissions The EIR will quantify greenhouse gas (GHG) emissions for area sources, energy (purchased energy, energy from water transport, use, and treatment), waste disposal, and transportation emissions sources generated by the project. The potential effects of GHG emissions, history of GHG emissions regulation In California, and project- related GHG emissions will be discussed. Project consistency with the CARB Scoping Plan's statewide GHG emissions reduction strategies will also be reviewed. Noise and Vibration The existing field is currently used for physical education and sporting events during daylight hours. With the addition of lights, the field and courts will be used during evening hours, which will increase noise levels until closing, which is likely to be 10:00 PM, For the purposes of this scope, we assume that no bleachers will be installed onsite and amplified sounds systems will not be allowed. The CEQA document will evaluate potential impacts resulting from the construction and operation of the project. The noise analyses will be consistent with the noise compatibility standards of the District and the City of Santa Ana. The short-term construction analyses will focus on potential noise and vibration impacts on sensitive land uses such as the onsite school classrooms and local residential uses. Based on the anticipated construction schedule and equipment list, construction-related noise and vibration levels will be calculated for THE PLANNING CENTER IPROPOSALWIL:A.R ii:TERMEDiATESCHWLAT"LEMRELDIN.PR7JEtJcT.:. 25C-14 the project using published data from the US Environmental Protection Agency and Federal Transit Administration. The noise analyses will evaluate the potential for project-related traffic and stationary sources to substantially elevate the ambient noise environment. Other Environmental Issues The remaining impact areas, including geology and soils, hydrology, land use, public services and utilities, etc., will be addressed in their respective sections in the Initial Study. Most issues will be addressed based on plans from the project architects and readily available information contained in the City of Santa Ana's General Plan and General Plan EIR and similar sources. PUBLIC DISTRIBUTION AND N01 FILING Our cost estimate assumes one iteration of revisions, no substantive changes to the project description, and no additional modeling/analysts required. Once the Initial Study is approved by the City for reproduction, a Notice of Intent (NOI) to adopt the MND will be prepared using the City's standard form, if available. After City approval of the Initial Study/MND and NOI, The Planning Center will copy and distribute the NOi for the required 30-day public review to the public, responsible agencies, and other special interest groups or individuals identified by the City.'The'Planning Center will also prepare a newspaper notice for the City to publish In a newspaper of genera! circulation in the area affected by the proposed project. FINAL MND/RESPONSES TO COMMENTS Although not required by CEQA, It is The Planning Center's standard practice and recommendation to respond to all environmental comments on the MND. Responses will focus on comments that address the adequacy of the MND. Comments that do not address MND adequacy will be noted as such and no further response will be provided, unless deemed necessary by the City. If an unexpectedly large volume of comments is received or if certain comments result in the need for substantial response or new research or analysis, the Initial budget may not be sufficient. MITIGATION AND MONITORING PROGRAM A Mitigation Monitoring Program (MMP) will be prepared (if necessary) pursuant to Section 21081.6 of the Public Resources Code. NOTICE OF DETERMINATION The NOD will be prepared by The Planning Center. It is assumed that the City will file the NOD with the County Clerk and State Clearinghouse. This proposal does not include the County of Orange filing fee or the Fish and Game fee. GENERAL TIME SCHEDULE AND FEES Figure 2 shows our proposed project schedule, which is followed by our fee proposal to prepare the Initial Study and Lighting Study for the project. PL4NNING IS'HINKING AN1 OWNG S0IA7-m PJG ABOUT Ti: .FU_TJRE NUS.'. 6`E. 25C-15 0 0 r U N N R 'O d N _C l0 w N 7 d U d N O CL. 0 n. d a rn 25C-16 C4 zc z? w w ?aU rz-,-,l Q i ? r I E ? C M ? 1 ? r 1 c i0 y, e v c d a 25C-17 ag S 5?Lyg tyy O Z F. X @ as 8 -? m w ?y 7qy W u LL°' :per ?F 25C-18 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: 1. 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 Tamed Insured Countersigned by Authorized Representative 9 25C-19 25C-20