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RENEE ESCARIO DBA RE CONSULTING - 2017
INSURANCE NOT ON FILE A-2017-265 .- 01 WORK MAY NOT PROCEED CLERK OF COUNCIL ) DATE; NOV 0 9 2012 AGREEMENT WITH RE CONSULTING O ` ?$A CO TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES o act 1"+ e siai RELATED TO CEQA AND NEPA THIS AGREEMENT is made and entered into this 7th day of November, 2017 by and between Renee Escario DBA RE Consulting ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 7, 2017, the City issued Request for Qualification No. 17-043, by which it sought Consultants to provide on -call environmental services for the Planning and Building Agency of the City of Santa Ana. The scope of work may include any and all work efforts related to analysis of a proposed project for compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, and Environmental Impact Statements services on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 17-043 and attached as Exhibit A. C. Consultant has been selected as one of the thirty-one (31) vendors which qualified for this engagement. Only those consultants approved by the City Council on October 3, 2017, shall be eligible to be engaged by the City for these services. D. 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 contracting 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 On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Plamvaag and Building Agency and the Consultant. Page I of I 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation for services provided for development projects is determined upon submission of payment to the City for the full cost of the services from a developer. The Consultant shall perform the services and when the environmental report is completed, the City will pay the consultant for the completed work based upon the costs paid to the City by the developer, minus administrative costs. b. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for three (3) years, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire tens 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 Page 2 of 11 security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement C Documents & Data"), Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. 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 insured(s) 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, with $2,000,000 in the aggregate, Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY, and (c) contain standard separation of insureds provisions. 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. e. Worker's Compensation Insurance. In accordance with the California 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 perfonnance of the work under this Agreement, Consultant agrees Page 3 of 11 to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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. 8. INDEMNIFICATION Consultant agrees to defend, 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 death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the tenns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the Page 4 of 11 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnify shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under thus Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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 infornation. 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. Page 5 of I l 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 13. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Plamiing and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1999 Santa Ana, CA 92702 Fax:714-973-1461 Email: planningdepartmentnsanta-ana.org To Consultant: Renee Escario DBA RE Consulting 5742 Calle Polvorosa San Clemente, CA 92673 Email: reneeprenveonsulting 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 fax, 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral Page 6 of 71 or written, between the parties. In the event of a conflict between the terms of this Agreement and any attaclunents 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 terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the tens and conditions hereof, shall not bind or obligate Consultant or 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. 15. 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 tennination, 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. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by Page 7 of 11 applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities wider this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed grid 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. 20. 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns 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. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. -- signature page to follow -- Page 8 of I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 4 D � Dry e ry 4 Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney i By:L Tasa Starck Assistant City Attorney RECOMMENDED FOR APPROVAL CANDII7A HEAL Interim Executive Director Planning and Building Agency CITY OF SANTA ANA G� RAUL GODINEZ I City Manager CONSULTANT Renee Esca io DBA RE Consulting ?�'v Renee S sf Title: Founder, Principal Page 9 of I I EXHIBIT A SCOPE OF SERVICES Page 10 of 11 RE Consulting � •ate •' • Task 1. Project Initiation, Data Gathering and Evaluation, and Site Visit Upon receipt of the Notice to Proceed, Renee Escario will communicate with the Client to discuss the proposed project and to: review and confirm the scope of work, project information, plans and construction details, existing relevant technical studies, and review project design features that could be incorporated into the project. All of the existing relevant project site documentation that has been previously prepared will be reviewed, and a list of any needed information will be provided. Task 1 Deliverable: List of any needed information for the required CEQA documentation. Task 2. Project Description Using the project information provided, a project description will be prepared that will describe the purpose, phasing, construction activities, and operational elements of the project. The project description will also identify the requested discretionary and anticipated subsequent approvals that are required to implement the project, and will include figures showing the location, proposed site plan, and building elevations. In addition, a list of project objectives will be provided in cooperation with the applicant and the City. The project objectives will be carefully crafted to ensure that they meet the goals of the proposed project and provide for an appropriate alternatives analysis, as required in the EIR. Renee will work closely with the City and applicant to ensure that the project description provides a level of detail appropriate to complete the needed technical studies, for the identified objectives, and contains all of the anticipated discretionary actions. A draft project description will be submitted to the City and applicant for review and comment. The document will be revised based on the comments received and a revised project description will be provided. It is anticipated that one round of review and comment will be required. Task 2 Deliverables: Electronic copies (both NIS Woad and Adobe PDP) of the Draft Project Description and Revised Project Description. Task 3. Initial Study and Notice of Preparation As required by CEQA and consistent with City format and guidelines, an Initial Study/Notice of Preparation (IS/NOP) will be prepared and include a description of the project, figures (including a location map, site plan showing the project site boundary and access, existing and proposed zoning and General Plan land use designations, and any other pertinent project information), and the potential environmental effects of the proposed project that need to be evaluated in the EIR. The IS/NOP will be prepared from the City°s environmental checklist form, and written explanations to all checklist questions will clearly define the topics to be addressed in the EIR and explain which do not require further consideration. The IS will enable the City to focus the EIR evaluation toward those environmental areas where potential impacts could be significant and to eliminate from further analysis those environmental areas that would not be significantly impacted by the project. A summary of the -prelnninary detenninations of significance, and anticipated need for further detailed analysis within the EIR is provided in the following table that lists the anticipated EIR topics. Anticipated Environmental Topics Included In the EIR --Environmental Issue Seeping EIR Section? Aesthetics The character of the project site would change from a Yes 2-story office building and parking areas, to a taller and higher density 5-story multl-family residential development. Because the project Is within an urban and developed area of the City, the project would not result In Impacts to scenic vistas; and would not result in impacts related to light and glare with compliance with the City's municipal code. However, due to the change in character and increase in building height, mass, and density that would result from the proposed project, the EIR will include an evaluation of the visual character or quality of the site and its surroundings. This evaluation will include site plan and elevation graphics provided by the applicant. In addition, the increase In elevation of the built structures on the project site could result in shade and shadow impacts to the adjacent single-family residences. The change in shade and shadows cast by the proposed project onto adjacent shade -sensitive land uses will be analyzed during the summer solstice (June 22) for the hours between 9:00 a.m. and 5:00 p.m., and during winter solstice (December 21) between the hours of 9:00 a.m. to 3:00 p.m. It is anticipated that the applicant's architect would provide the graphics representing the shadow changes, which would be developed from the architect's model of the proposed structures. Agriculture and Forestry The project Is located on a developed parcel within an No urbanized area and no agriculture or forest uses are within or near the project site. Therefore, the project would not Impact agricultural or forestry resources. AirQuallty Construction and operation of the proposed project Yes would result in air quality emissions, which would primarily result from vehicular trips to and from the project site. The EIR will summarize the Air Quality Technical Study; thus, providing a technical evaluation of the project's emissions. Emissions that could exceed regional thresholds of significance would be mitigated to the extent feasible. Due to the volume of vehicular trips that would be generated from the proposed project air quality emissions could be significant. Biological Resources Given the highly developed nature of the project area, No the only biological resources anticipated to occur would be raptors and migratory birds associated with the trees within and adjacent to the project site. With this In mind, It Is recommended that a project design feature be included that requires tree removal activities to occur outside of the breeding season. This would ensure impacts are avoided, Cultural Resources Given the highly developed nature of the project area, No limited potential for cultural resources on the project site exist. The project site was developed in 1980, and no potentially historic structures exist on the project site. In addition, the Property Condition Report and Seismic Risk Assessment Report prepared in 2016 for RE conmlrina renea@renvconsulting.com Environmental Issue Sco In EIR Section? the project site, describe that the existing structure Is developed on 4-Inch thick concrete slab -on -grade that Is on top of a 20 to 36-foot deep foundation system of piles (Partner 2016). Thus, the project site has been highly disturbed to depths beyond those that are assumed to be necessary for the proposed project. As a result, of this previous disturbance, archaeological and paleontological resources are not anticipated to be present onsite, and potential impacts related to construction of the proposed project are not anticipated to occur. Geology and Sells The project site is not within a fault zone, and the No closest faults are the: San Joaquin Hills fault 5.6 miles from the site, Puente Hills (Coyote Hills) fault 7.5 miles from the site, and the Newport -Inglewood fault that Is 9.8 miles from the project site. Seismic shaking similar to most locations in southern California would occur on the project site during seismic events. However, compliance with the California Building Code would reduce impacts. Similarly, the project site Is located within an area that could be susceptible to liquefaction; however, the required project engineering and compliance with required building codes would limit the potential for impacts to occur. This will be described in the IS, and preparation of a geology and soils section of the EIR is not anticipated to be necessary. Greenhouse Gas Emissions Construction and operation of the proposed project Yes would result in greenhouse gas emissions, which would primarily result from vehicular trips. The EIR will include a technical evaluation of the potential of the proposed project to generate emissions that could exceed thresholds of significance. The EIR will also evaluate the project's compliance with the City's Climate Action Plan and other relevant state plans, such as AS 32. Hazards and Hazardous Materials The project site has been previously used as an Yes agricultural field, a mortuary was located on a portion of the site from 1950 to 1980, and a portion of the site was used as a gas station from 1929 through the 1980s. Because of these previous uses, hazardous materials that exceed human health screening levels could exist on the project site. Potential impacts related to onsite hazardous materials will be evaluated In the EIR. Hydrology and Water Quality The project site Is developed and mostly impervious. No The current regulations governing water quality and hydrology would be imposed on the design and development of the project and with the incorporation of mandated Best Management Practices and Low Impact Development practices. The IS will describe how hydrology and water quality impacts would be avoided or reduced to below a level of significance. Land Use and Planning As described previously, the project would require a Yes General Plan Land Use Amendment and zoning designation change, which would be evaluated In the EIR against the potential of the project to conflict with a Ian or policy that avoids or mitt ates an environmental RE Consulting reneo@ronvcorisulting.com Environmental Issue Scoping EIR Section? effect. Potential Impacts related to division of a community of conflict with a habitat conservation plan would not need to be evaluated In the EIR. Mineral Resources The project site is not Identified as a mineral resource No site or known to have mineral resources. Therefore, the project would not Impact on mineral resources. Noise The proposed project would add residential uses within Yes an urban environment near highly traveled streets, and near existing residential uses. The noise impact evaluation In the EIR will describe the potential for the project to result in a substantial increase in noise, or expose people to substial noise and vibration during both construction and operation of the project. Population and Housing The project would not displace any existing residential Yes structures or persons, but could have a direct effect on population growth because the project site Is not currently designated for residential uses. Therefore, impacts related to population growth will be evaluated in the EIR. Public Services and Recreation The additional population that would result from the No proposed project would increase the need for public services. However, because the project site is developed and within the exiting service area for fire, police, and park facilities, the project would not require new or physically altered facilities to serve the project, which will be described In the IS. Traffic Operation of the proposed project would generate a Yes substantial volume of traffic that could Impact currently deficient roadway/freeway segments and intersections. Thus, impacts related to traffic and circulation would be evaluated In the EIR. Tribal Cultural Resources As described previously, the proposed project would No require a General Plan Amendment. This process would require Native American outreach pursuant to Senate Bill (SB) 18. In addition, because the proposed project would require CEQA documentation Native American notification from the City Is also required pursuant to Assembly Bill (AB) 52. The IS will describe these processed Implemented by the City. However, given the highly developed nature of the project area, and depth of previous excavations on the project site, limited potential for tribal cultural resources on the project site exists. An EIR analysis of this topic is not anticipated to be necessary. Utilities and Service Systems The proposed project is a re -development project, and Maybe the project site is already connected to the City's water, sewer, and drainage systems. In addition, the project site would be served by the existing landfills that serve the City. The IS will describe that the City has adequate capacity to serve the proposed project. Depending upon the timing of the Water Supply Assessment and the Sewer Analysis (requested by the City), the water su I and sewer anal sis ma be included in the EIR. AA K Consulting ranee@ renvoons ulting.com A draft IS/NOP will be submitted to the City for review and comment, and RE Consulting will coordinate with the City to prepare an appropriate mailing list of agencies, organizations, individuals and adjacent landowners for mailing notifications and applicable information. The IS/NOP will be revised based on the comments received from the City and a revised document will be provided. It is anticipated that one round of review and comment will be required. RE Consulting will have copies prepared for distribution and publication for the 30-day NOP public comment period. The IS/NOP and the comment letters received will be included in the EIR as an appendix. It should be noted that if public, organization, or agency comments received during the NOP comment period identifies issues not previously anticipated, refinement of the EIR scope may be required, and will be discussed with City staff. Task 3a. Public Scoping Meeting. RE Consulting will assist the City in a public scoping meeting in compliance with CEQA Public Resources Code Section 21083.9 during the 30-day ISlNOP public comment period. The scoping meeting will provide the public the opportunity to have input into the proposed content of the EIR and provide a preview of any environmental concerns the public may have. RE Consulting will prepare a PowerPoint presentation for the meeting and will also provide comment cards and a sign -in sheet for the public scoping meeting. It is assumed that the City will identify and secure meeting venue location. Task 3 Deliverables: An electronic copy (both MS Word and Adobe PDP) of the IS/NOP; 50 hard copies of the NOP; 15 hard copies of the IS/NOP for the State Clearinghouse; and 10 hard copies of the IS/NOP for the City. PowerPoint presentation, comment cards, and a sign -in sheet for the public scoping meeting. Task 4. Technical Studies Air Quality Technical Study. The project site is located within the South Coast Air Basin (Basin) under the local jurisdiction of the South Coast Air Quality Management District (SCAQMD). Urban Crossroads will conduct an air quality analysis in accordance with the procedures and methodologies set forth in the SCAQMD's CEQA Air Quality Handbook. The air quality assessment for the project will include a discussion of baseline air quality information, consisting of a description of climate and meteorological conditions, applicable federal and state standards, existing local and regional air quality, and an overview of the applicable federal, state, and local policies and regulations as they pertain to the project. The impact analysis will include an evaluation of the project's conformance with the most recent air quality management plan (AQMP). Using the most recent version of the California Emissions Estimator Model, a quantitative analysis of the air emissions will be presented, which includes emissions associated with the construction (i.e., on -site construction equipment, fugitive dust, and off -site vendor and worker trips) and long-term operational emissions (i.e., project -related vehicle trips and on -site area source emissions). The estimated construction and operational regional emissions will be quantified and evaluated against the applicable SCAQMD thresholds of significance to determine whether potential air quality impacts would result. In addition, as recommended by SCAQMD, both the construction and operational impact analyses will include an assessment of the project's possible effect on local air quality (including localized carbon monoxide, nitrogen dioxide, and fine particulate matter) concentrations at nearby sensitive receptor O_ RE CaF311I1l11g renee@renvconsulting.com locations, SCAQMD has developed localized significance thresholds (LSTs) that are based on the pounds of emissions per day that can be generated by a project without causing or contributing to adverse localized air quality impacts. Furthermore, as the project is expected to result in an increase in vehicle trips over existing conditions, a localized carbon monoxide hotspots analysis at nearby study intersections will also be assessed qualitatively. The analysis will identify appropriate mitigation measures to minimize air quality impacts, if necessary. Air Toxic Health Risk Assessment. This technical study is included based upon recommendations from the California Air Resources Board (ARB) to avoid siting sensitive land uses in close proximity to freeways, high volume roadways, or rail lines/rail yards. The ARB notes that the strongest association of adverse health outcomes is generally seen within 500 feet of freeways. Notwithstanding, the ARE notes that a site -specific analysis would be required to determine the actual risk near a particular land use and should consider factors such as prevailing wind direction, local topography and climate. Since the project site is in close proximity (approximately 500 feet) to the I-5 freeway, it is prudent to prepare a Health Risk Assessment (HRA) as recommended by the SCAQMD. The focus of the BRA will be on diesel particulate matter (DPM) and associated impacts to future residents. The study will be conducted per methodologies by the U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, and the California Environmental Protection Agency, Office of Environmental Health Hazard Assessment. If necessary, the HRA will identify mitigation measures and/or project design features to maintain a less than significant health impact. Greenhouse Gas Technical Study. The Greenhouse Gas (GHG) technical study will evaluate the impacts associated with the project's generation of GHG emissions during construction and operations. The assessment will include a discussion of climate change, including the current state of climate change science and GHG emissions sources in California, and an overview of the applicable federal, state, and local policies and regulations, including the City of Santa Ana Climate Action Plan. GHG emissions attributable to the project will be estimated for the following sources: construction, area sources, mobile sources, electricity consumption, and water consumption. Construction- and operations -related GHG emissions will be quantified using the most recent version of the CalEEMod computer model. Since the City has not adopted a threshold of significance that would be applicable, the analysis will evaluate the project's emissions in the context of the latest guidance from the California Attorney General's Office, the Office of Planning and Research (OPR), the SCAQMD, and CARE. In addition, GHG emissions will also be discussed with respect to the goals and recommended actions of the state's Cli mate Change Souping Plan, the City's Climate Action Plan, and other applicable regulations. Mitigation measures to reduce GHG emissions, if necessary, will be provided. Noise and Vibration Technical Study. Implementation of the proposed project could result in an increase in noise levels in the areas surrounding the site during construction as well as during operation of the project. Additionally, potential vibration impacts on surrounding land uses may occur during construction from operation of heavy-duty construction equipment. Urban Crossroads will prepare a technical study to evaluate the potential construction and operational noise as well as construction vibration impacts on the nearby sensitive uses resulting from development of the proposed project and recommend measures to minimize identified noise impacts on these receptors. The primary focus of the analysis will be to determine whether construction and operation of the project would exceed the applicable noise and vibration standards or policies established in the City's General Plan and Noise fir" i! - RE Consulting renee@renvconsulting.com Ordinance. Urban Crossroads will conduct 6 long-term ambient noise level measurements at the project site and at the nearest sensitive receptors surrounding the project site using a sound -level meter that satisfies the American National Standards Institute (ANSI) to establish the existing baseline noise conditions. To evaluate the potential construction -related noise impacts, Urban Crossroads will conduct construction noise modeling using the Federal Highway Administration's (FHWA's) Roadway Construction Noise Model and information on the proposed type of construction equipment, the amount of activity, and the distance of sensitive land uses from the site. Information regarding construction equipment and activities are assumed to be provided by the applicant. Potential vibration impacts associated with construction activities will also be analyzed using vibration data provided by the Federal Transit Administration. If potentially significant noise and vibration impacts on nearby sensitive land uses are identified, appropriate mitigation measures will be provided. Urban Crossroads will prepare an analysis of noise levels generated by the project's operational activities, including noise generated by stationary sources (e.g., heating, ventilation, air conditioning equipment) for their potential to result in a substantial permanent increase in ambient noise levels at sensitive receptors. Additionally, using traffic volume data, Urban Crossroads will use the FHWA's Highway Traffic Noise Prediction Model to estimate the increase in traffic noise levels on the nearby roadways and assess impacts on the existing land uses in the vicinity. If required, appropriate mitigation measures will be identified to reduce these noise impacts. Task 4 Deliverables: Electronic copies in Adobe PDF of the technical studies, which will also be included as appendices to the Draft EIR. Task 5. Administrative Draft Environmental Impact Report Once the project description, IS/NOP are finalized, RE Consulting will begin the preparation of the Administrative Draft EIR that complies with the criteria, standards, and procedures of CEQA (Public Resources Code Sections 21000 et seq.); the State CEQA Guidelines (California Administrative Code Section 15000 et seq.); and the City's environmental review procedures. The EIR will utilize the thresholds of significance in the CEQA Guidelines Appendix G for the analysis of impacts that may occur from implementation of the project. Administrative Draft EIR will include all CEQA-required sections as refined during the IS/NOP and scoping process. The anticipated EIR topics are described previously in Tasks 3 and 4, and will be analyzed in detail in the EIR. The following outline provides the proposed organization of the Draft EIR: Chapter Ex — Executive Summary: The Executive Summary is intended to encapsulate the entire Draft EIR in order to provide a quick understanding of the project's impacts and mitigation measures. It will give an overview of the project and its objectives. The Executive Summary will briefly discuss the environmental impacts associated with project implementation, and will contain a summary analysis of the alternatives to the proposed project. It will also contain a concise table summary of all project impacts, project design features, and mitigation measures. Chapter I — Introduction: The introduction will include an overview of CEQA and EIR process, a summary of comments received on the IS/NOP, and an overview of the primary documents used in preparation of the Draft EIR. Im- aE consnRlag ranee@renvconnulting.com Chapter 2 — Project Description: A clear, precise, and comprehensive project description is of paramount importance to ensure impacts will be accurately and fully analyzed pursuant to CEQA. This includes providing detail on the project's implementation schedule and phasing, infrastructure, circulation, and any off -site improvements that are required for implementation of the project. Our familiarity in these areas will bring efficiency, expert information, and critical thinking that will ultimately result in a smoother CEQA process, starting with a thorough and complete project description. The project description will detail the construction and operational components of the project. It will document any design features that would minimize potentially significant impacts. Additionally, it will identify project objectives, establish the environmental setting, and provide information on cumulative proj ects. Chapter 3 — Environmental Setting and Impact Analysis: This chapter will comprise the bulk of the EIR and contain the direct, indirect, and cumulative impact assessments for all issue areas determined to be potentially effected in the NOP/IS. This chapter will incorporate information provided in the technical studies as described in Task 4, and will list all relevant regulations that could reduce impacts of the proposed project. The impact analysis within this chapter will contain clear, concise, and substantiated impact conclusions for all areas, and identify mitigation measures where appropriate. A separate subsection will be developed to include all project design features and standard City conditions that will help to reduce project impacts prior to the application of mitigation measures. It will contain quantitative data where appropriate and available, and qualitative discussion where necessary. A cumulative impacts analysis will be conducted for each environmental topic area evaluated in the EIR. The cumulative impacts analysis will focus on the potential additive or cumulative impacts posed by implementation of the proposed project with other projects anticipated to be active, recently completed or planned in the near future in the region or local area. The cumulative analysis will be specific to each topical area, and the geographical area evaluated in the cumulative analyses would vary for each topic (e.g„ air quality, greenhouse gas, traffic, and noise). In addition, each environmental topic subsection will contain a listing of all resources, websites, documents, and personal communications used to prepare the EIR. Chapter 4 — Alternatives: RE Consulting will work with City staff to define 2 project alternatives, in addition to the required No Project Alternative to be evaluated comparatively against the proposed project to identify an alternative that would reduce impacts compared to the proposed project (the Environmentally Superior Alternative). A discussion of how alternatives were established, and which, if any, were rejected from further consideration will be provided. The alternatives analysis will go through each issue area included in the EIR and will provide a summary conclusion for each topic in a user- friendly table format. The focus of the Alternatives Chapter will be to reduce any significant impacts that could result from implementation of the project. Chapter 5 — Consequences of Project Implementation and Other Environmental Considerations: This chapter will identify in a text and table format those areas of the EIR where significant environmental effects that cannot be avoided would occur, if any. It will also include a list of impacts found not to be significant, an analysis of growth -inducement impacts based on the residential units that would be provided by the project, and an analysis of significant irreversible changes due to the proposed project (as required by CEQA). In addition, the chapter will include an analysis of energy resources as required by CEQA Guidelines Appendix F. VOL R6 Consulting renee@renvwn�ulting.com Chapter 6 — List of Preparers: This chapter will identify the City and consultant staff that prepared the EIR. Upon completion of the Administrative Draft EIR, RE Consulting will submit the document to the City for review and comment. Task 5 Deliverable: One hard copy and electronic copies (both MS Word and Adobe PDF) of the Administrative Draft EIR. Task 6. Revised Administrative Draft & Public Review Draft Environmental Impact Report Based on comments received from the City, the Administrative Draft EIR will be revised. Changes will be shown in a redlined copy, and a `clean" copy will also be provided. The revised document will be provided in both Word and PDF versions for easy review by the City. Should the project be modified, an augment to this scope of work will be provided. It is anticipated that only minor text comments would result from the review of the revised EIR document; and that a "ready for public review" Draft EIR be prepared after the minor text changes are included. The review of the revised EIR is anticipated to be a review of the EIR for completion and sign - off by City staff prior to the production for public review. Further rounds of revision and review would be invoiced on a time and materials basis, on an as needed basis. Upon receipt of written approval (via email) from the City for release of the public review Draft EIR, RE Consulting will initiate production of the Draft EIR, Notice of Availability (NOA), and Notice of Completion (NOC). RE Consulting will submit copies via overnight to the State Clearinghouse, and mail the public review distribution. It is assumed that City staff will conduct the posting of the NOA with the local newspaper and the City's website. Task 6 Deliverables: Electronic copies (both MS Word and Adobe PDF) of the Revised Administrative Draft EIR and Draft EIR for public review approval. For the public review Draft EIR: • 15 bound hard copies of the public Draft EIR for City use and distribution to libraries (Appendices will be provided electronically) • 15 CD copies of the Draft EIR, 15 hard copies of the Executive Summary, and an NOC for via overnight mail to the State Clearinghouse to begin the 45-day public comment period • 25 CD copies of the public Draft EIR and hard copies of NOA for distribution • 50 hard copies of the NOA for distribution Task 7. Final EIR Task 7a. Response to Comments. At the conclusion of the public review period and receipt of all comments received on the Draft EIR. We will coordinate with the City and project team to discuss comments and formulate a strategy for responses. An Administrative Final EIR will be prepared to include all letters and written responses to comments related to the environmental analysis within the W! RE (:ansoldag renee@renvconsulting.com EIR. The Final FIR will contain any revisions to the Draft EIR text, where necessary, which will serve to officially document changes and revisions to the Draft EIR. Public and agency response to the proposed project and Draft EIR is unknown at this time. It is assumed that a maximum of 20 comment letters will be received on the Draft EIR that will require responses of varying detail. In the event that the public comments on the Draft EIR are greater than expected, the work program/budget will be adjusted as necessary. Task 7b. Mitigation Monitoring and Reporting Program. At A Mitigation Monitoring and Reporting Program (MMRP) will include a list of project description features that would be implemented to reduce potential impacts of the project. The MMRP will also contain a compilation of applicable mitigation measures, responsible parties, timing or phasing, and enforcement agencies. The MMRP will be prepared to comply with Public Resources Code Section 21081.6, and will provide each mitigation measure in a matrix format for efficient implementation. The Administrative Final EIR will be submitted to the City for review with a Notice of Determination (NOD). After receipt of comments from the City, a Final EIR and NOD will be prepared for City review and approval. It is assumed that one round of review and revisions would occur. Upon City approval of the Final EIR, RE Consulting will prepare the Final EIR document and NOD for submittal to the persons and agencies that commented on the Draft FIR, and for posting on the City's website and with the County Clerk. Task 7 Deliverables: An electronic copy of the Draft Final EIR (both MS Word and Adobe PDF) will be provided. After City approval for distribution of the Final EIR, the following copies will be provided: • An Adobe PDF copy of the Final EIR for Cityuse • 10 bound hard copies of the Final EIR for City use • 20 CD copies and 20 NOD hard copies for EIR comment responses • 1 Original NOD for posting at the County Clerk (Agency fees Not included) Task 8. Findings of Fact and Statement of Overriding Considerations In the event that the EIR concludes that significant unavoidable impacts would occur as a result of the project and the City determines the impacts would be acceptable in light of the overall benefits of the project, a draft Statement of Overriding Considerations (SOC) will be prepared. In addition, a draft Findings of Fact will be prepared in consultation with the City's legal counsel pursuant to Sections 15091 and 15093 of the CEQA Guidelines. It is anticipated that the SOC and Findings of Fact would be revised once, per comments from the City and City's counsel. The revised SOC and Findings of Fact will be provided to the City in an electronic format. Task 8 Deliverables: Electronic copies (both MS Word and Adobe PDF) of the Statement of Overriding Considerations and Findings of Fact. 6, RE CoasuklnR renee@renvcoiisultirig.com Task 9. Project Coordination and Meetings Project management/coordination will occur throughout the CEQA process. This task involves ongoing coordination with the City, project team members, monthly project progress report preparation, and identification of constraints and opportunities, Various meetings will be required as part of the CEQA process. This task includes preparation for and attendance at: one project kickoff meeting, one FIR scoping meeting, one Planning Commission meeting, and 2 City Council meetings. Additional meetings can be included on a time and materials basis, as needed. Optional Tasks The following optional tasks could be necessary; hence, they are included in case they are needed or the City and/or Client request the following: Optional Task 1. Native American Outreach per Senate Bill 18 and Assembly Bill 52 Senate Bill 18 requires local governments to consult with Native American tribes prior to malting certain planning decisions and to provide notice to tribes at certain key points in the planning process. These consultation and notice requirements apply to approvals and amendments of both general plans (defined in Government Code Section 65300 et seq.) and specific plans (defined in Government Code Section 65450 et seq.). Prior to the approval of any amendment of a general plan or specific plan, a local government must notify the appropriate tribes (on the contact list maintained by the NAHC) of the opportunity to conduct consultations for the purpose of preserving, or mitigating impacts on, cultural places on land within the local government's jurisdiction that is affected by the proposed plan adoption or amendment. Tribes have 90 days from the date on which they receive the notification to request consultation. These tasks are often completed by the City; however, if requested, we can conduct outreach to the Native American Heritage Commission and appropriate tribes on behalf of the City, in compliance with SB 18 and AB 52 requirements. A Sacred Lands File Search and list of local Native American contacts will be requested from the Native American Heritage Commission. After their response, outreach letters will be sent, on behalf of the City, to the tribes listed by the Native American Heritage Commission. Any responses to the outreach letters will be summarized, and any requests for consultation will be forwarded to the City. Optional Task I Deliverables: Electronic copies (both MS Word and Adobe PDF) of the letters sent to the Native American Heritage Commission and the tribes will be provided. Optional Task 2 - Staff Reports To assist City staff and support the project schedule, we can prepare a Draft Staff Report for the Planning Commission meeting, which would be amended for the City Council meeting. As we will have a thorough understanding of the project and any public or agency concerns regarding the proposed project, we will be able to efficiently prepare the draft staff report for City review and edit prior to the meetings. Using the City's standard docwnent format, the draft staff report will describe the proposed project and make the findings necessary for the General Plan Amendment, zone change, ETR certification, and other 2E Consulting, renee@renvconsultin8.com necessary approvals. The staff report would be updated for the City Council after the Planning Commission hearing to include Commission comments and direction. Optional Task 2 Deliverables: Electronic copies of the Draft Staff Reports for Planning Commission and City Council Meetings (both MS Word and Adobe PDF) will be provided. 2E Consulting re nee@ renvconsuiti ng.com EXHIBIT B PEE SCHEDULE (OR) RATES AND CHARGES Page 11 of 11 Exhibit B: Costs Costs Per Task �� IM - RE Consulting Task Cost Task 1 — Project Initiation, Data Review, Site Visit $1,500 Task 2 — Project Description $2,000 Task 3 — Initial Study and Notice of Preparation $12,000 Task 4 — Technical Studies Air Quality and Greenhouse Gas $7,500 Air Toxics Health Risk $9,000 Noise and Vibration $8,500 Task 5 —Administrative Draft EIR $62,500 Task 6 — Revised Administrative & Public Review Draft EIR $6,000 Task 7—Final EIR (Response to Comments, MMRP) $7,500 Task 8 — Findings of Fact and SOC $6,000 Task 9 — Project Coordination and Meetings $8,000 Reimbursable Expenses (document graphics, printing, CD copies, postage, etc.) $4,000 Total $ 134,500 Costs for Optional Tasks Task - _ Cost Native American Outreach per SIB 18 and AB 52 $2,500 Staff Reports $5 000 Total $ 7,500 C 2C7 CERTIFICATE OF LIABILITY INSURANCE °ATE,MM,°° YY) 14- 1113012017 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES: NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder Is an ADDITIONAL INSURED, the poliuy(les) must have ADDITIONAL INSURED provisions or he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain. policies may require an. endorsement. A statement on this Certificate does not confer rights to the certificate holder In lieu of such endorsamerd s . PRODUCER CS&SIBIZINSURE LLC PO BOX 958489 CONTACT NAME: PHONE PHO ENo, Ext: FAX (AID, No LAKE MARY, FL 32746.8989 EMAIL Phone - 415.704.1408 ADDRESS: Fax - 877-763-5122 INSURER SI AFFORDING COVERAGE NAIQ NSURERA: Valley Forgo Insurance Company 20508 INSURED RENEE ESCARIO DBA RE CONSULTING INSURERS: 5742 CALLE POLVOROSA ,1 INSURER D: j/INSURERc' SAN CLEMENTE, CA 92673 INSURE E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE: INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEOTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _. lase LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POJ,lQY9FF MMIDOIYYYV POLICY UP MMICONYW) LIMITS A COMMERCIAL GENERAL LIABILITY IAIMS-MADE Z OCCUR Y N 6020765876 V 10/08/2017 10108-2018 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PRE ISES Seowurrence 300,000 DEXP(Any onepersen) 10,006 --�-•- --- PERSONAL BADVINJURY 1,000,060 GENL AGGREGATE LIMIT APPLIES PER: POLICY ❑PRO. JECT © LOC OTHER GENERAL AGGREGATE _ 2,000,060 PRODUCTS - COMPIOP AGG 2,000,005 A AUTOMOBILE LIABILITY A AUTO. WNED SCHEDULED AUTO, ONLY P AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY N N 6020765876 10/08/2017 10/08/2018 � W COMBINED SINGLE LIMIT Benl 11000,000 EO INJURY(Perperean) T OOILV INJURVjPer accident) PROPERTY DAMAGE {Per accldem) UMBRELLA LAB EXCESS LIAR OCCUR CLAIM, -MADE I I EACH OCCURRENCE AGGREGATE DEO RETENTION$ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE YIN OFFICERtMEMBER EXCLUDED? Il�� (Mandatory in LJ If yes, describe under DESCRIPTION OF OPERATIONS below N/A V PER STATUTE OTH• E.L. EACH ACCIDENT E:L, DISEAASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Addli.b.1RemarIO Schedule,may Ne aitachod if more space is required) Certificate Holder is Named as Additional Insured - Designated Person or Organization. (From attached) eVJ 20 Civic Center Center Plaza Santa Ana, CA 92701 Ill SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE. POLICY PROVISIONS. W�a ©196&2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD cac6930 M M SB-300113-C (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or The City Of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Information required to complete this Schedule, if not shown on this endorsement, will be The following is added to Paragraph C. Who Is An Insured: 4. Any person or organization shown in the Schedule is also an insured; but only with respect to "bodily Injury," or "property damage" or "personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. Re: RENEE ESCARIO DSA RE CONSULTING Policy #6020765876 SB-300113-C Includes copyrighted material of Insurance Services Office, Inc„ with its permission. Page 1 of 1 (Ed. 06111) Copyright, Insurance Services Office, Inc. 2002 le oC R ' CERTIFICATE OF LIABILITY INSURANCE 11 D 09/1812017) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ias) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER BIzlnsure LLC Oaklandland,, CA 94607 222a}' S' 6 C07 CONTACT NAME Daniel Scott PHONE FAX (415) 744-1408 (Arc N t E-MAIL98 srl ort [!)blzinsure.001T1 INSURER(S)AFFORDING COVERAGE NAIC# 1NsuaERA: )3eazle TnsurutceCom an Inc. 37540 INSURED Renee Escario DBA RE Consulting 5742 Calle Polvorosa INSURER 0: INSURER C INSURER D: San Clemente, CA 92673 INSURER E :. INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE DDL SU0 POLICYNUMSER POLICY Err MMNDIYYYY POLICY EXP MWDDM'YY LIMITS GENERAL LIABILITY -,_ EACH OCCURRENCE $ _ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE❑OCCUR D PREMISES Ea occurrence _... $ MED UP (Any one persan) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea aCcld.0t BODILY INJURY (Per person) $ ANY AUTO. ALLOWNED SCHEDULED AUTOS AUTOS a001LY INJURY Per accident t ) $ HIRED AUTOS NON -OWNED AUTOS ROPERTY DAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEC' RGTEMION$ $ WORKERS COMPENSATION �m. �WC STATU- 4TIb AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE❑ OFFICERIMEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ E.L. DISEASE -P.A EMPLOYEE $ (Mandatory in NH) Use, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liability Insurance V13REM17PNPM 10/08/2017 10/08/2018 Coverage: $2,000,000 (Errors & Omissions. Insurance) Aggregate: $2,000,000 Deductible: $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) This certificato is issued for evidencepurposesonly, CERTIFICATE HOLDER CANCELLATION Renee Escario DBA RE Consulting SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 5742 Catle POIvorosa THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. San Clemente, CA 92673 AUTHORIZED REPRESENTATIVE LOAN)t (X ID 4k ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks. of ACORD A _ f01-1_7r�s " * CITY OF SANTA ANA WORKERS' COMPENSATION DECLARATION �COOr8ee �fh���h do hereby affirm under penalty of Name and This perjury the following declaration: I certify on behalf of Gl— that during consultandCompany Name the full term of my contract for performing C- e 0 A F�, VI' o,vy7 Q4rfv4ices Services provided with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide to the City proof of workers' compensation coverage. Signed Signed this date: 1 By' Name Position Title Telephone WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), AND IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. Form - Workers Comp Exempt Declaration I— `, CERTIFICATE OF LIABILITY INSURANCE 08/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER -- -- CONTACT NAME: CS&S/BIZINSURE LLC PHONE FAX PO BOX 958489 (A/C. No. Ext : (AIC, No): EMAIL ADDRESS: Lake Mary, FL 32746.8989 INSURER(S) AFFORDING COVERAGE NAIC # 1-877.724.2669 INSURER A: Continental Casualty Company 20443 INSURED INSURER B: INSURER C: RENEE ESCARIO DBA RE CONSULTING INSURER D: 5742 CALLE POLVOROSA �j INSURER E. SAN CLEMENTE, CA 92673 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AODL INSO =R YlVp POLICY NUMBER POLICY EFF MWDDNY POLICY EXP MMIODNY LIMITS A �/ X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y `/6020765876 10/08/18 10/08/19 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES(Ea occuremel $ 300,000 MED EXP (Anyone person) $ 10000, PERSONAL &ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 OOO OOO Rp POLICY JPECT LOC PRODUCTS - COMPfOPAGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY 6020765676 10/OB/16 — 1O/O6I19 COMBINED SINGLE LIMIT ) . _. (Ea accident)is 1,000,000 BODILY INJURY(Per person) $ ANY AUTO OWNEDAUTOS SCHEDULED ONLY AUTOS BODILY INJURY(Per accident $ PROPERTY DAMAGE (Per accident) $ X OWNED HIRED AUTOS �/ NONN-O ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I RETENTION $ $ WORKERS COMPENSATION PER OTH" AND EMPLOYERS' LIABILITY YIN STATUTE ER AN PROPRIET➢RAFARTNERIEXECUTIVE OFRCERIMEMRER EXCLUDED? NIA E.L. EACH ACCIDENT S EL DISEASEEAEMPLOYEE S (Mandatory in NH) If yes, descdbe under E.L. DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS below OTHER PER STATUTE I OTH ER E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Acord 101, Additional Remarks Schedule, may He attached If more space Is inquired) Certificate Holder is Named as Additional Insured - Designated Person or Organization. Zlks - D 1 Qe-"VoN4. ------------ CERTIFICATE HOLDER CANCELLATION _-- The City Of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE e' ppp LP Q 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sanniento Jose Solodo Sal Tinajero Juan Villegas December 10, 2018 Renee Escario RE Consulting 5742 Calle Polvorosa San Clemente, CA 92673 CITY OF SANTA ANA PLANNING & BUILDING SERVICES AGENCY 20 Civic Center Plaza M-21 • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.om CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar Re: Amended Letter Agreement re Environmental Services for project at: 2525 N. Main, Santa Ana Dear Ms. Escario: Pursuant to Section 1 ("Scope of Services") of Agreement No. A-2017-265-01 entered into by Renee Escario DBA RE Consulting and the City of Santa Ana, dated November 7, 2017, Consultant hereby accepts this Fourth Amended Letter Agreement, to further amend and augment the services provided in the City's letter agreement of December 19, 2017, for an assignment for on -call environmental services at the location listed above. Consultant shall complete the additional services per the attached proposal dated November 19, 2018 to this Fourth Amended Letter Agreement by June 19, 2019 and compensation will be increased by $35,000 and shall not exceed $233,239, as detailed in Exhibit A-3. All other terms and conditions of said agreement remain unchanged and in full force and effect. If you have any questions regarding this matter, please contact Vince Fregoso in the Planning and Building Services Agency at 714-647-2713. Sincerely, Q Minh Thai Executive Director Planning & Building Services Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney A-2017-265-01-04 \n % ( `SAC O _, CONSULTANT Renee Escario Founder, Principal SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Martinez Vicente Sarmlento Jose sdono P. Oawd aenawdes Juan villegas Sal Tnalero Mayor Mayor Pro Tern, Ward 2 Wad 1 Wad 3 Ward Wad Wad 6 mouldo®sanla-ana.ae mlmartinezOsanta-ana ora wamtientGOsanta-ans.on sNodogDsame-anaoro daenaHdes0santa-ana am Wlleaasdum-ana oro a unwauoaunta-ana.oro Exhibit A-3 November 19, 2018 Vince C. Fregoso, AICP City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 0- RE Consulting Subject: Augment #3 to the Scope of the Environmental Impact Report for the Magnolia at the Park Multi - Family Residential Project Dear Mr. Fregoso: This request to augment the scope of work for the Environmental Impact Report (EIR) is in response to the volume of Draft EIR comment letters that were received and the work necessary to respond to those comments and prepare the Final EIR for the Magnolia at the Park Multi -Family Residential Project. This includes substantially greater work effort to complete the comment responses and additional tasks that were not previously scoped for, which were undertaken per coordination with, and direction from, City staff. The tasks Included in this augment request are described below. Response to Comments Task 7 of the existing Scope of Work assums that a maximum of 20 comment letters would be received that will require responses of varying detail. It also states that if the public comments on the Draft EIR were greater than expected, the work program/budget will be adjusted as necessary. In response to the Draft EIR, the City received 44 comment letters, many of which were long and contained a substantial volume of comments (several had over 50 comments, a few had over 100 comments, and one letter contained 536 comments). Also, written responses to comments received at the August 27, 2018 Planning Commission Study Session were prepared and included in the Final EIR, Response to Comments Chapter. In addition, the response to comments went through multiple rounds of review and revision (by City staff and City attorneys) and several conference calls were held to discuss the comments received and Draft Final EIR document. This volume and extent of comments and the review and revision cycles were not anticipated by the original scope and budget. Similarly, the cost involved in producing the over 1,000-page hard copies was not anticipated. Due to the length of the comment letters received and the extent of the necessary responses (pursuant to CEQA) the hard copies are much larger, and therefore more -costly to produce. As a result, the reimbursable budget is depleted. Please note that any additional hard copies, beyond the 10 hard copies and 40 CDs already provided, will be billed on a direct cost basis. Population Per Household Methodology Memo In response to a comment, which requested information about the dataset that was used in the population per household memo (Draft EIR Appendix 1), Stanley R. Hoffman Associates was retained to prepare a memo describing the Census data sets and methodology used to conduct the persons per household demographic analysis that was included in the Draft EIR. The Methodology Memo is included as B Appendix of the Final EIR. This augment requests budget to cover the cost of preparing this memo. View Simulations for Final EIR In response to Draft EIR comments related to the aesthetic impacts of alternative types of developments, three visual simulations were prepared for the Final EIR, Response to Comments Chapter. The visual simulations provided views of the project site from Edgewood Street at Bush Street that show conceptual 3-story condominium, 2-3 story Spanish/Mission style apartment, and single-family residential developments. This augment requests budget to cover the cost of preparing these visual simulations and formatting the figures for inclusion In the Final EIR. Shade and Shadow Graphics In response to discussion at a community meeting regarding shade and shadow that would be generated from the proposed project, additional shade and shadow modeling, beyond that provided in the Draft EIR, was prepared. The additional modeling was prepared to show the casting of shadows that would be generated by the proposed project one day a month for every hour of daylight. In addition, the models were formatted for the presentation graphics. This augment requests budget to cover the cost of preparing these shade and shadow graphics. Budget Augment The following table outlines the costs to complete the tasks described above. As shown, the existing budget includes $1,000 remaining for Native American Outreach tasks. Because these tasks are completed, this augment, requests use of these funds to offset the costs of the additional tasks, described previously. The budget request detail below shows a negative of $1,000 to account for the shift of funds. Budget Augment Request Response to Comments $29,325 Population Per Household Methodology Memo $650 Shade and Shadow Graphics $2,000 Visual Simulations for Final EIR $3,900 Final EIR Figure Preparation $125 Native American Outreach per SB 18 and AB 52 (41,000) Total Augment: $35,000 Existing Budget $198,239 Total Budget with Augment: $233,239 If you have any questions, do not hesitate to contact me. If this augment request is acceptable, authorize below and return. Thank you, Renee Escado renee@renvconsulting.com 949-346-4633 Augment Authorization: Vince C. Fregoso 6 RE Consuming Date renee®renvwnsulting.com