HomeMy WebLinkAbout25A - AGMT - 803 SOUTH SULLIVAN
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
APRIL 2 2012
TITLE: APPROVED
? As Recommended
AGREEMENT FOR ENVIRONMENTAL ? As Amended
SERVICES WITH ICF JONES AND STOKES El Ordinance on Reading
El Ordinance on 2n "d Reading
INCORPORATED TO PREPARE A ? Implementing Resolution
MITIGATED NEGATIVE DECLARATION ? Set Public Hearing For
FOR THE BAT NHA BUDDHIST
MEDITATION CENTER AT 803 SOUTH
SULLIVAN STREET
C~ ( CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
ICF Jones and Stokes Incorporated for environmental services in an amount not to exceed
$77,340 for a new meditation center for the Bat Nha Buddhist Temple at 803 South Sullivan Street,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In November 2011, the Bat Nha Buddhist Temple submitted plans to the City to construct a new
two-story, 28,000 square foot meditation center on their existing parcels. During the site plan
review process, it was determined that several environmental impacts may result from the project,
which resulted in the need to prepare a mitigated negative declaration pursuant to the California
Environmental Quality Act.
A Request for Proposal was circulated to three qualified environmental firms in February 2012.
After reviewing the submitted proposals, it was determined that ICF Jones and Stokes
Incorporated would be the best suited company to prepare the environmental documentation for
the project due to its track record of preparing high quality environmental studies, adherence to
established budgets, its familiarity with the City and its detailed background and knowledge about
this project. Therefore, it is recommended that ICF Jones and Stokes Incorporated be awarded
this contract to complete the mitigated negative declaration for the project. The fee proposal to
complete this effort is $77,340. Funding for the work will be provided by the Bat Nha Buddhist
Temple.
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Agreement with ICF Jones and Stokes Incorporated
April 2, 2012
Page 2
FISCAL IMPACT
This agreement will not impact any City/Agency funds. Funds in the amount of $77,340 will be
deposited by the Bat Nha Buddhist Temple into the Planning and Building Agency account for
contractual services (No. 09801001-24035) prior to the consultant commencing any work.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja . Trevino Francisco Gutierrez
Executive Director Executive Director
Planning and Building Agency Finance & Management Services Agency
VF:rb
VAreports\Bat Nha MND contract=040212
Exhibit: 1. Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2012 by and
between ICF JONES & STOKES, INC., a Delaware 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 Bat Nha Buddhist Meditation Center project
located at 719 and 803 South Sullivan Street. 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 put-poses to disclose, publish,
translate, reproduce, and use such materials.
EXHIBIT 1
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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 $77,340.00 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 both parties, including the City
Manager and the City Attorney for the City.
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.
b. 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
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of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B
upon execution of this Agreement and shall be approved in form by the City
Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be 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
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behalf which relates to the services described in section 1 of this Agreement; and (2) from any
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
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Santa Ana, California. 92702
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:ICF Jones & Stokes, Inc.
Chad R. Beckstrom, AICP
Principal/Irvine Branch Leader
1 Ada, Suite 100
Irvine, CA 92618
telephone (949) 636-3235
cell (949) 395-2796
telefacsimile (949) 636-3031
cbeckstrom@icfi.com
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.
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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
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions;
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
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hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City (ally, 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: CITY OF SANTA ANA
MARIA D. HUIZAR PAUL M. WALTERS
Clerk of the Council Interim City Manager
APPROVED AS TO FORM:
JOSEPH A. STRAKA ICF JONES & STOKES, INC.
Interim City Attorney
By:
Ryan O. Hodge CHAD R. BECKSTROM, AICP
Assistant City Attorney Principal/Ii-vine Branch Leader
RECOMMENDED FOR APPROVAL:
JAY TREVINO
Executive Director - PBA
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EHIBIT A
SCOPE OF SERVICES
(Attached)
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Bat Nha Buddhist Meditation Center MND I City of Santa Ana Planning Division
Scope of Services
Pursuant to the request for proposal (RFP) and our understanding of the proposed project, ICF will prepare an
1S/MND in accordance with State CEQA Guidelines, as well as all up-to-date CEQA-related legislation and case
law. The environmental analysis will focus on the project, as delineated in the project description, preliminary
engineering designs, and other information provided by the City and/or project applicant. Our scope of work for
environmental review and technical services for the project is outlined below.
Task Project Initiation Meeting/Develop Project Description and Objectives
Chad Beckstrom and Renee Escario, as the project management team, will meet with the City's project team
within five days of the notice to proceed (NTP) to discuss the project issues, refine our scope if necessary, and
gather project specific data and materials (including design details, construction assumptions, and construction
schedule) to begin the environmental analyses. Following this meeting, 1CF will review this information to gain a
firm understanding of the project and the issues. Our project management and necessary technical staff will
conduct field visits to review the site and the overall context of the surrounding area. Renee and Chad will also
work with the City to develop a detailed project description.
Deliverables:
• Attendance at one project initiation meeting (two team members attending)
a Attendance at one site visit, including drive time and preparation
e Draft and final project description
• Memo documenting information requests
Task 2. Prepare Technical Studies to Support IS/MND
Due to the nature and location of the proposed project, we anticipate that the following technical studies will be
required:
® Air Quality Impact and GHG Analysis m Traffic Impact Analysis
• Noise Impact Study a Cultural and Historic Resource Analysis
We anticipate that the applicant would provide a preliminary level of site-specific technical analysis including
visual simulations or renderings, a preliminary site plan, grading plans, a preliminary geotechnical study, and a
water quality management plan. The ICF team's approach to each of these studies is provided in greater detail
below.
Air Quality Impact and GHG Analysis
The air quality and GHG emissions assessment will be prepared consistent with the technical requirements and
methodologies outlined in SCAQMD's CEQA Air Quality Handbook (as updated per the revisions posted on the
SCAQMD website), Localized Significance Threshold Methodology for CEQA Evaluations,.and Particulate
Matter (PM) 2.5 Significance Thresholds and Calculation Methodology guidance documents.
For the evaluation of GHG emissions and climate change, specific methodologies and thresholds will be
developed based on the latest information made available by the California Air Resources Board (ARB),
Governor's Office of Planning and Research (OPR) and SCAQMD at time of project initiation. The air quality
and climate change assessment will consist of the following:
N Regulatory Setting and Existing Air Quality Conditions. The project site is located within the SCAQMD
Source Receptor Area No. 20 (Central Orange County). The regulatory setting will include a summary of all
pertinent statutes and regulations, including the federal Clean Air Act, California and National Ambient Air
I
i
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Bat Nha Buddhist Meditation Center MND I City of Santa Ana Planning Division
Quality Standards, and SCAQMD Air Quality Management Plan (AQMP). The existing conditions will
describe ambient air quality data from the Anaheim-Pampas Lane ambient air monitoring station. The local
air quality conditions will be compared to national and state ambient air quality standards.
• Demolition and Construction-Period Mass Emissions. The demolition and construction emissions
inventory will include combustion emissions related to equipment operation; fugitive dust emissions related
to demolition, site preparation and earthmoving activities; mobile (tailpipe) emissions related to construction
worker and haul truck trips; and reactive organic compound emissions related architectural coatings
application and asphalt pavement. The emissions inventory will be compiled on a daily basis and compared
to SCAQMD regional and localized emissions thresholds to determine significance.
• Operations-Period Mass Emissions Analysis. The operations emissions inventory will include mobile
source emissions related to project-generated traffic (as identified by the traffic impact study), as well as
stationary source emissions related to energy demand (i.e., electricity consumption). Emissions will be
compiled using the CaIEEMod land use emissions model and compared to applicable SCAQMD daily
emissions thresholds to determine significance.
IN Localized Carbon Monoxide Concentration Analysis. Using the California Department of Transportation
CO Protocol, this analysis will evaluate the degree to which project-related traffic volumes have the potential
to effect local carbon monoxide (CO) concentrations. Potential impacts will be evaluated utilizing the
CALINE4 dispersion model and EMFAC 2011 emissions factors at up to eight intersection locations.
® Potential for Health Risk Impacts. Impacts related to toxic air contaminant emissions during short-term
construction and long-term operations will be evaluated qualitatively.
Climate Change/GHG Emissions. Project-related GHG emissions will be estimated using the CalEEMod
software program. ICF will analyze the project's direct GHG emissions related to construction activities and
project-related trips, as well as indirect GHG emissions associated with electricity usage. Significance
criteria will be developed based on current guidance from CARB, OPR and SCAQMD.
* Consistency with AQMP. The analysis will evaluate the project's consistency with the SCAQMD's 2007
AQMP in accordance with the procedures set forth by the SCAQMD.
Noise Impact Study
ICF will conduct a noise analysis for the proposed project in accordance with CEQA requirements to evaluate
potential impacts to existing and future noise-sensitive land uses. Our local noise engineer is certified by the
INCE and has conducted numerous analyses for projects involving re-development and school projects that are
adjacent to residential and sensitive (church/school) uses.
Existing residences, churches and a preschool/daycare are located immediately adjacent to the project site,
which could be impacted by noise from project demolition, construction and operation. Additionally, on-site
temple and meditation uses adjacent to Sullivan Street are also considered to be noise-sensitive and could be
impacted by project traffic.
To identify the existing ambient noise environment in the project area, up to four short-term (up to 1 hour in
duration) ambient noise measurements will be conducted at noise-sensitive locations in and around the project
site. The noise measurements will be conducted using equipment and methods as proscribed by the American
National Standard Institute and consistent with the standards of the practice for community noise analysis.
Using the noise measurements as a baseline, potential construction noise impacts on nearby noise-sensitive
land uses will be evaluated based on construction equipment data to be provided by the project applicant and
noise modeling methods developed by the Federal Highway Administration (FHWA). Long-term (operational)
noise effects from the project will also be addressed and will include evaluation of on-site activity noise levels
and the ability of the noise to effect surrounding uses. Using traffic data provided by the project traffic
consultant, traffic noise along roadways surrounding the project site will be modeled (using FHWA Traffic Noise
Model version 2.5) for existing, future and future-with-project conditions.
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Bat Nha Buddhist Meditation Center MND i City of Santa Ana Planning Division
The significance of noise impacts resulting from the proposed project will be assessed based on relevant
thresholds (city, state and federal). If significant noise impacts are identified, mitigation measures to reduce
impacts to a less-than-significant level (where feasible) will be recommended. The results of the noise analysis
will be provided in the noise section of the ISIMND. Any technical data or modeling will be provided in an
appendix.
Cultural Resource Evaluation
ICF recommends that a records and locality database search be conducted to evaluate the potential for
archeological and paleontological resources to be found on the project site. This evaluation Wit:
® Conduct a literature and records search at the South Central Coastal Archaeological Information Center
of the California Historical Resources Information System at California State University, Fullerton, to
determine if any prehistoric or historical cultural resources have been recorded within project area.
Review published geologic and paleontological literature and museum databases, including the Los
Angeles County Museum of Natural History database.
® In coordination with the City, ICF will contact with the Native American Heritage Commission and local
Native Americans regarding the project.
Because the project area is completely developed, an archaeological field survey will not be conducted.
The findings of the cultural and paleontological resource investigations will be used to provide an assessment of
the sensitivity of the project area for prehistoric archaeological and paleontological resources. The findings of
this research will be summarized in the Cultural Resource section of the ISIMND. The MND will also provide
mitigation measures, if necessary.
Historic Resource Evaluation
ICF will conduct a historic analysis to evaluate potential impacts of the proposed project in accordance with
CEQA requirements. The project would demolish two single-family homes and several ancillary buildings on the
project site. The buildings on the 803 South Sullivan Street parcel appear to date from the early 1960s.
However, the building on the northern parcel (719 South Sullivan Street) was built in 1927 and is a Craftsman
style home that retains integrity and meets the 50 year old age crlterla for potentially historic resources.
To identify any historical resources related to the 1927 building located on the 719 South Sullivan Street parcel
an ICI= qualified architectural historian will conduct a field visit and research City data sources that might yield
historic data regarding the project site. This analysis will determine if the site contains potentially historical
resources per CEQA Guidelines Section 15064.5, which evaluate the building in relation to any significant
contribution to important historic events, persons, or architecture. The historic findings will be summarized in the
Cultural Resource section of the ISIMND. Because the project site is not anticipated to contain historic
resources (per section 15064.5), this scope of work does not include preparation of DPR 523 forms, or further
technical analysis beyond preparation of the MND section.
Traffic Impact Analysis (TIA)
As a subconsultant to ICF, Fehr & Peers will prepare a project-specific TIA to evaluate the traffic related impacts
of the proposed project. The TIA will be summarized in the traffic section of the IS/MND and included as an
appendix. The following tasks are proposed to be completed as part of the TIA; however, as described below,
these tasks will be refined in coordination with the City Traffic Engineering Division upon receipt of additional
project operational information.
® Confirm Traffic Analysis Scope. Fehr & Peers will meet with the City's traffic engineering team of to
review and approve our approach to preparing the traffic study. Specific items that would be addressed in
this scoping memorandum include:
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Bat Nha Buddhist Meditation Center MND City of Santa Ana Planning Division
- Study Intersections
- Project Description
- Project Trip Generation
- Project Trip Distribution
- Cumulative Projects
- Process for Cumulative Project Forecast Methodology
Thresholds of Significance
Identification of Peak Hours to be Assessed
Prior to this initial meeting, Fehr & Peers will prepare a memorandum recommending a proposed approach.
Following this meeting, Fehr & Peers will update the memorandum as needed.
• Existing Conditions Analysis. Fehr & Peers will analyze existing conditions within the study area and
conduct a field review to document the existing roadway and intersection configurations within the study
area. This will include lane widths, striping patterns, traffic, location of traffic control devices, sidewalks,
parking, and transit facilities. Our scope assumes that we will evaluate the following four study intersections
as part of this effort. Our fee assumes new AM and PM peak period intersections counts at all study
locations.
- Fairview Street & Willits Street
- Sullivan Street & Willits Street
- Fairview Street & McFadden Avenue
- Sullivan Street & McFadden Avenue
Level of Service (LOS) analyses will be prepared for all existing study intersections during both the morning
(am) and evening (pm) peak periods. Additionally, our scope assumes analysis and counts at two roadway
segments.
® Project Traffic Forecasts. Fehr & Peers will identify project traffic estimates for daily and peak hour periods
using information from the project sponsor related to operation of the proposed project.
• Background Traffic Forecasts. Fehr & Peers will prepare traffic forecasts including:
- Existing Conditions with Project Conditions
- Project Opening Year No-Project Conditions
- Project Opening Year with Project Conditions
- Cumulative No-Project Conditions
- Cumulative with Project Conditions
The Opening Year and Cumulative Scenario volumes will be identified by applying an appropriate growth
rate identified by the City of Santa Ana to the existing volumes and adding traffic from approved/pending
projects in the area that are anticipated to be completed prior to the opening of the proposed project.
® Traffic Impacts and Mitigations. Fehr & Peers will identify impacts associated with the project traffic. If any
impacts are identified, mitigations will be developed. These mitigations could include traffic signal
installation, traffic signal improvements, intersection lane striping, localized street improvements, roadway
widening, or other related items.
• Site Plan and Alternative Modes Review. Fehr & Peers will conduct a review of the project site plan
related to site access, internal circulation, parking, and emergency vehicle connectivity. Concurrent with this
site plan review, Fehr & Peers will also determine if there are any conflicts with adopted programs and
policies related to non-automotive travel modes like bicycles, pedestrians, and transit.
• Draft Report. Fehr & Peers would produce a professional traffic engineering draft traffic impact report. It is
anticipated that a draft report would be produced, with the report updated following the receipt of any
comments from the project team and City staff.
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Bat Nha Buddhist Meditation Center MND I City of Santa Ana Planning Division
Task 2a. Prepare Aesthetics Evaluation to Include in iSIMND
Because the project would result in large-scale changes in visual bulk and scale of development within the
residentially designated project vicinity, this scope of work includes preparation of a detailed aesthetics analysis
as detailed below:
Aesthetic/Light and Glare Analysis
Because potential aesthetic impacts may occur from the change from existing conditions and development of
the proposed meditation facility that will include a 45-foot high structure adjacent to existing single family
residential uses. ICF's visual resources specialist will prepare a detailed visual analysis that will address impacts
to the aesthetic conditions in the surrounding vicinity. The visual analysis will provide a narrative of the physical
setting will be presented in terms of the visual character and quality of the viewsheds, key vantage points
(vistas), and important visual resources within the project viewshed. Additionally, the setting will include an
inventory of the viewer groups that have visual access to the site, along with their relative sensitivity to changes
in views, and will identify the applicable aesthetic policies in the general plan, and development standards in the
zoning ordinance that may be relevant to the project.
ICF will provide a qualitative evaluation of the changes to the visual environment that would occur as a result of
the project. The analysis would focus on project's features that have the capability of modifying the aesthetic
character and quality of the project area and are the most sensitive public views, which include the bulk and
scale of the proposed structures. Additionally, we will evaluate the project in terms of visual/aesthetic goals,
objectives, and policies contained in relevant planning programs. Mitigation measures will be explored and
recommended, as appropriate.
This analysis would utilize the project plans visual simulations, renderings and elevation graphics provided by
the applicant. We also assume that any proposed features such as planting plans, lighting plans, and proposed
aesthetic treatments will be supplied by the applicant.
ICF will conduct an analysis of light and glare that could be generated by the project. We will identify existing
lighting sources in the project area, and determine the sensitivity for the introduction of new lighting sources on
the project site. We will review lighting design plans, and identify the location of receptors that may be affected
by the lighting system. ICF will review applicable municipal code guidance for lighting, and any other standards
that may be used as a threshold related to light trespass limitations (i.e., spill light). Glare could potentially
impact nearby single-family residential uses as a result of external building lighting or lighting within the parking
areas if not adequately shielded. If available, ICF will also analyze the proposed exterior architectural treatments
of the proposed design to understand and analyze if any exterior spectral surfaces would have the potential to
produce fugitive glare. A qualitative assessment of the impacts from new lighting and glare will be prepared, and
mitigation measures will be identified if necessary, which may include design measures to minimize spill light
and glare.
Task 3. Prepare Administrative Draft 1SIMND
To utilize time most efficiently, preparation of the technical studies would occur concurrently with preparation of
the administrative draft MND. ICF will prepare an administrative draft IS/MND for the project, which will include
an evaluation of the environmental resources contained in the CEQA Environmental Checklist. The analyses will
include:
® Discussion of existing conditions
® Identification, analysis, and evaluation of all potential environmental impacts
N Examination and recommendation of feasible ways to eliminate or minimize adverse environmental
impacts
N Discussion of cumulative Impacts
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Bat Nha Buddhist Meditation Center MND I City of Santa Ana Planning Division
We will provide substantial evidence to support the findings in the CEQA Environmental Checklist, providing
both quantitative and qualitative analysis. To support the conclusions of the analysis for some of the topic areas,
we will use the technical studies and analyses described previously.
The cumulative impacts analysis will focus on the potential for environmental Impacts from this project, along
with other proposed and reasonably foreseeable projects in the area. We will develop the list of cumulative
projects in coordination with City staff, and reach out to other agencies (i.e., Santa Ana Unified School District).
We will evaluate and discuss the project's contribution to the overall cumulative baseline to identify any potential
"cumulatively considerable" impacts.
ICF will prepare a fully edited administrative draft IS/MND for the City's review and comment. Following the
City's review of the administrative draft document, ICF will incorporate the City's comments, revise the
document accordingly, and provide a draft document for City review prior to public distribution.
Deliverables
a Administrative draft IS/MND including all technical studies - 5 hard copies and one round of review is
included in the budget
® Screencheck draft IS/MND including all technical studies - 5 hard copies and one round of review is
included in the budget
N Electronic files and CD of each draft
Task 4. Prepare and Circulate Public Draft 1S/MND, NOI, and NOC
Upon the Citys approval of the draft IS/MND, we will prepare and produce copies for public review. ICF will
prepare a notice of intent (NOI) for posting at the County Clerk and a notice of completion (NOC) for submittal to
the State Clearinghouse. ICF will circulate the IS/MND for a 30-day public review period. We will work in
consultation with City staff to develop a distribution list for the IS/MND, we will distribute the document to state
and local agencies, and other recipients for public review and comments, as determined by the City and we will
post the NOI at the County Clerk's office. As is practice in working with the City, we assume that City staff will
draft the notice for a newspaper of regional circulation.
Deliverables
® Print and mail up to 10 copies of the public review IS/MND
* 10 CDs containing Adobe Acrobat files of the draft ISIMND
® Post NOI at the County Clerk
® Submit the NOC along with 15 hard copies of the IS/MND to the State Clearinghouse
11 Print NOI suitable for distribution (up to 30 copies)
0 Provide PDF version suitable for the City to post on the City website.
Tasks. Prepare Response to Comments and Final ISIMAID
Prepare Response to Comments
ICF will work with City staff to address comments received during public review of the IS/MND. Based on our
understanding of the City process, this scope of work includes preparation of responses to comments received
during the public review period. These responses to comments, along with any changes to the IS/MND, will be
submitted to the City first as an administrative final IS/MND. We assume 20 hours of ICF technical staff's time to
respond to comments.
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Bat Nha Buddhist Meditation Center MND I City of Santa Ana Planning Division
Prepare Mitigation, Monitoring, and Reporting Program
ICF will prepare a mitigation monitoring and reporting program (MMRP) that will identify mitigation measures,
timing, responsibility for implementation, and monitoring methods. We will work with City staff to identify
appropriate responsible parties, methods, and timing. [CF will provide the MMRP in conjunction with the
administrative final IS/MND.
Following the City's review and approval of the administrative final IS/MND, we will provide a final IS/MND to the
City prior to distributing the final IS/MND to commenting parties. The budget assumes two rounds of review and
revision of the final IS/MND. Per the RFP, we have assumed 10 hard copies and 10 CDs of the final 1S/MND will
be provided. After certification of the 1S/MND by the City Council, ICF will prepare the NOD and coordinate with
the City to post it with the County Clerk.
Deliverables
• Administrative final IS/MND - 5 hardcopies and 1 CD
® Final IS/MND - 10 hardcopies and 10 CDS
® Electronic files containing Microsoft Word and Adobe Acrobat files of the final IS/MND
• Posting of NOD at County Clerk
Task 6. Attend Meetings and Project Administration
Project Coordination Meetings with City Staff and Applicant
ICF staff will be available to attend project meetings with City staff. These may include meetings with the
applicant to understand the project, administrative draft document review meetings, focused issue discussion
meetings, or preparation for public hearings. Per the RFP, this scope of work includes project manager and
project director attendance at eight project coordination/progress meetings with City staff.
In addition, this scope includes Fehr & Peers' attendance at one kick off meeting, three project team meetings
related to the preparation and review of the traffic study.
Planning Commission and City Council Study Sessions and Public Hearings
ICF will be available to attend Planning Commission and City Council study sessions and hearings related to the
proposed project. We will produce presentation materials as necessary, and be available to discuss the
environmental review process and results of the draft and final IS/MNDs. We will assist City staff, at their
direction, through the public comment and certification processes, briefings to commissioners and City Council
members, and other means of support as may be appropriate. Per the RFP, this scope of work includes the
meeting times listed below.
Deliverables;
• Two project coordination/progress meetings
• One Planning Commission study session
® One Planning Commission hearing
• One City Council hearing
• Additional meetings as necessary (to be billed separately on a time and materials basis)
In addition, this scope includes Fehr & Peers' attendance at one Planning Commission meeting and one City
Council meeting.
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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 , this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
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