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HomeMy WebLinkAbout25E - AGMT ENVIRO ASSESSMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 20, 2018 TITLE: APPROVE AN AGREEMENT WITH PLACEWORKS TO PROVIDE AN ENVIRONMENTAL ASSESMENT, RECREATIONAL VALUE ASSESSMENT AND NATIONAL PARK SERVICE DOCUMENTS FOR A LAND EXCHANGE, RELATED TO CENTENNIAL PARK (STRATEGIC PLAN NO. 5, 4A) L(3_06�__J Cty MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Placeworks in an amount not -to -exceed $134,126, which includes a contingency of $14,022, for a term from March 21, 2018 through December 31, 2018 to provide an environmental assessment, recreational value assessment and additional documents required by the National Park Service for review of a land exchange between the Rancho Santiago Community College site and various park sites, subject to non -substantive changes approved by the City Manager and City Attorney. The City currently licenses 2.6 acres of city property at Centennial Park to Santa Ana College. The deed condition from the Department of the Interior indicates the property is to be used for recreational purposes. In order for the College to continue using the site under a license a land conversion needs to be approved by the National Park Service to remove the deed condition of the 2.6 acres and transfer it to the three new vacant sites (Sixth/Lacy, Raitt/Myrtle and Pacific Electric Park) totaling 2.89 acres. Part of the requirement is to complete a recreational value assessment of the three new sites in comparison to the site at Centennial Park. On August 15, 2017, the City of Santa Ana entered into an agreement with Placeworks to provide the required assessment. As the City and consultant have proceeded on the assessment, additional discussions have been held with the National Park Services (NPS). NPS has provided additional feedback and is requiring additional information to be incorporated in the final document that is presented to NPS for consideration of the land exchange. The additional documents requested are environmental assessments of the park sites on Sixth Street/Lacy Street and Raiff Street/Myrtle Street. They have also requested that the environmental and recreational assessments include an evaluation of the parking area used by Rancho Santiago 25E-1 Agreement with PlaceWorks to provide an Environmental Assessment Recreational Value Assessment and other Documents for the National Park Service March 20, 2018 Page 2 Community College to determine if additional land is needed to be considered an equal exchange. Additionally, the NPS has requested the final document incorporate all the prior assessments into the new document for one all-encompassing document for NPS to review. Therefore, City Staff is requesting to enter into an agreement with Placeworks in order to complete the work that remained from the previous agreement and to incorporate the additional materials requested by the National Park Service. Costs associated with this project will be reimbursed by Santa Ana College. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy A (Support the design and construction of parks to provide increased open space and opportunities for recreation throughout the city, construct the Roosevelt Walker Park and Community Center, and develop concepts and proposals for the Library Park in Civic Center and Centennial Santa Ana River Eco -Park). FISCAL IMPACT Costs associated with this project will be reimbursed by Santa Ana College. Funds are available in the following account for the specified year: Unit FY17/18 18/19 Acquisition and Development (no. 3011 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement 54,126 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25E-2 AGREEMENT WITH PLACEWORKS TO PROVIDE RECREATIONAL VALUE ASSESSMENT TO CONVERT CITY PROPERTIES INTO RECREATIONAL USE SITES THIS AGREEMENT is made and entered into this 20th day of March, 2018 by and between P1aceWorks, Inc., a California corporation ("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. The City and Consultant agreed to terms for Agreement #A-2017-218 on August 15, 2017, to provide recreational value assessment in connection with land conversion of City properties of various types for the purpose of converting available properties into recreational use sites. B. Agreement #A-2017-218 was presented to the Council as part of an RFP selection process by the Parks, Recreation and Community Services Agency that was issued on May 18, 2017. The term of Agreement A-2017-218 was for a term from August 16, 2017 through January 31, 2018. C. The parties intend to enter into a new agreement because Agreement A-2017-218 did not provide for an extension of the term and the services provided pursuant to that Agreement have not been completed. In addition, Consultant will also provide a NEPA and CEQA assessment for the purpose of converting available properties into recreational use sites. D. The environmental assessments of proposed park sites have been requested by the National Park Service for consideration of a potential land exchange with the National Park Service involving 2.6 acres of City property at Centennial Park licensed to Santa Ana College. E. 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall complete the recreational value assessment remaining under the previous Agreement A-2017-218. The attached budget status update for the original Agreement is attached hereto as Exhibit A and incorporated herein by reference. Consultant will also perform the environmental assessments including NEPA and CEQA analysis that are described in Exhibit B incorporated herein by reference. Page 1 of 8 25E-3 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed -$134,126. --The sum of this amount includes unused monies from Agreement A-2017-218 in the amount of $25,833 plus $4,595 in remaining contingency funds. Additional funds in the amount of $94,271 plus a 10% contingency in the amount of $9,427 equal the sum noted in this Section. b. Payment by City shall be made within 45 days (forty-five) 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. klENIl Y I,mo This Agreement shall commence on the date fust written above and continue until December 31; 2018; unless terminated earlier in accordance with Section 16, below. 4. 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. 5. 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 ("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. Page 2 of 8 25E-4 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional 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, and representatives as additional insured(s); (b) be primary and not contributory 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. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 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. 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. C. 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 canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Page 3 of 8 25E-5 V. Consultant shall supply City with a fully executed additional insured endorsement. 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 defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 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 terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the 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 terms 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 indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 4 of 8 25E-6 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. 10. 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. 11. 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. 12. 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. 13. 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 Page 5 of 8 25E-7 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms 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 is not embodied herein. 14. 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. 15. 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 of the Parks, Recreation and Community Services Agency may require Consultant to deliver to the City all work product(s) 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. 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. 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. Page 6 of 8 25E-8 18. 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. 19. 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 terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. 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 With courtesy copies to: Executive Director — Gerardo Mouet Sonia R. Carvalho Parks, Recreation and Community Services City Attomey Agency City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-29) 20 Civic Center Plaza (M-23) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647-6515 Fax 714- 647-4211 Page 7 of 8 25E-9 To Consultant: P1aceWorks, Inc. Attn: Isabelle Minn, Principal 3 MacArthur Place Suite 1100 Santa Ana, CA 92707 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. awia K-. Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: By: Title: Page 8 of 8 25E-10 EXHIBIT A VALUE ASSESSMENT BUDGET STATUS 25E-11 c Exhibit A Recreational Value Assessment - Budget Status on March 8, 2018 25E-12 Contract „ Amount, Bliled .r• Remaining - Complete %' Task Number: 0 Contingency Total for 14,595.00 0.001 4,595.00 0% Task Number: 1 Project Inita0on and Data Collection. 1.1 Rick -off Meeting 3,692.40 3,638.85 53.55 99% 1.2 Site Visit 1,754,40 1,790.10 (35.70) 102°% 1.3 Consultation with NPS 877.20 520.20 357.00 59°% 1.4 Ongoing Meetings and Project Management 6,834.00 1,634.55 5,199.45 24°% Total fort 13,158,00 7,583.70 5,574.30 58% Task Number. 2 Park and Program Analysis - 2,1 Site Analysis and Mapping 1 9,975.601 4.006.051 5,969.55 40°% 2.2 Program Analysis 5,916.001 1,790.101 4,125.90 30°% Total for 2 16,891.601 5,796.151 10,095.45 36% Task Number: 3 Report Development - 3.1 Draft Report 1 10,761.00 5,852.25 4,908.75 54°% 3.2 Final Report 5,324.40 826.20 4,498.20 16°% Total fora 116,085.401 6,678.451 9,406,95 1 42% Task Number: X Reimbursable Expenses Total for 1 811.001 54.92 756.08 7% Total. for SNT-16.0 -,50,541.00 20,1.13.22 30,427.781 40% 25E-12 EXHIBIT B SCOPE OF SERVICES -ENVIRONMENTAL ASSESSMENT 25E-13 Exhibit B November 27, 2017 Frank Arroyo, Senior Management Analyst City of Santa Ana Parks, Recreation and Community Services Agency 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Proposal to Prepare NEPA/CEQA Documentation for Parkland Substitution for the Rancho Santiago Community College's Lease at Centennial Park Dear Mr. Arroyo: Thank you for the opportunity to submit this proposal to prepare the NEPA/CEOA documentation for the proposed Centennial Park/Santa Ana College Park Replacement Project. Understanding of the Project The Rancho Santiago Community College District leases 2.6 acres within Centennial Park in the City of Santa Ana. The College District's lease requires it to provide specific on-site recreational activities; however, these activities have not been provided by the District. As a result, the College District's request to extend its 30 - year lease, which expired in November 2009, was refused. Although short lease extensions have been granted, the College District must satisfy the original lease requirements, vacate the property, or provide replacement park property. The City of Santa Ana previously identified a site known as the Pacific Electric property to serve as replacement parkland. Referenced here as Site 3, the Pacific Electric park is currently under construction. However, this site was determined to be insufficient to replace the College District's leased property, so the City has identified two additional properties to add to Site 3: » Site 1 710 E. 6th Street, Santa Ana, CA 92701(0.14 acre) • 714 E. 6th Street, Santa Ana, CA 92701(0.14 acre) 720 E. 6th Street, Santa Ana, CA 92701(0.14 acre) » Site 2 • 415S. Raitt Street, Santa Ana, CA 92703 (0.45 acre) 423 S. Raitt Street, Santa Ana, CA 92703 (0.64 acre) » Site 3, Pacific Electric Site (park under construction) 1128 S. Orange Avenue, Santa Ana, CA 92701 (0.24 acre) 309 E. McFadden Avenue, Santa Ana, CA 92701(0.17 acre) 311 E. McFadden Avenue, Santa Ana, CA 92701(0.18 acre) 317 E. McFadden Avenue, Santa Ana, CA 92701(0.27 acre) 329 E. McFadden Avenue, Santa Ana, CA 92701(0.19 acre) • 325 E. McFadden Avenue, Santa Ana, CA 92701(0.33 acre) 3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 ( 714.966.9220 PlaceWorks.com 25E-14 The following documents were prepared for Site 3: n City of Santa Ana, Recreational Value Report, Proposed Pacific Electric Park Site, 2012 u National Park Service, Environmental Assessment, Proposed Pacific Electric Park Site, 2012 City of Santa Ana, Mitigated Negative Declaration/Initial Study, Proposed Pacific Electric Park Site, 2012 The addition of Sites 1 and 2 to supplement Site 3 as compensation for the College's continued use of that portion of Centennial Park will require additional environmental clearance under both CEQA and NEPA. Scope of Work The City of Santa Ana is seeking assistance to address the National Park Service's (NPS) concerns about the adequacy of the proposed land exchange. NPS has indicated that the amount of area that must be exchanged may exceed the 2.6 -acre lease area due to the College's use of the surrounding parking lot. NPS requests a parking study to calculate the total area used by the College. The addition of Sites 1 and 2 also triggers the NEPA requirements. An Environmental Assessment (EA) following NPS guidelines is required. The following EAs and technical studies following HUD guidelines were prepared in 2016: • U.S. Department of Housing and Urban Development, Environmental Assessment, Raitt and Myrtle Street Park, 2016 • Cultural Resources Study for the Raitt & Myrtle Street Park Project, Santa Ana, CA • U.S. Department of Housing and Urban Development, Environmental Assessment, 6'h and Lacy Street Park, 2016 • Cultural Resources Study for 61h and Lacy Street Park The studies listed above will be used to the extent possible in preparing the NPS EA for Sites 1 and 2. The project as modified with Sites 1 and 2 also trigger the requirement for CEQA clearance. Tasks covering these requirements are describe below. NEPA DOCUMENTATION The following paragraphs describe our approach in satisfying the requirements identified in NPS's "Requirements for NEPA Compliance Related to Proposed Land Exchange." The NEPA document may take the form of an Addendum to the previously approved EA. Since the project also triggers requirements under CEQA, a single joint document may be prepared. The final format for the documents will be determined after further review. Proposal Description/Environmental Screening Form (PD/ESF) The PD provides the NPS with descriptive Information concerning the land exchange proposal. The PD will describe the three sites (one of which is already under construction [Site 31) involved in the exchange. Separate ESFs will be prepared for Sites 1 and 2 and attached to the Environmental Assessment. November 27, 2017 ( Page 2 25E-15 1��N1} O 1D ; , - Federal Law/Executive Order Compliance The NEPA process must also include coordination with related federal laws and executive orders, including NHPA, Section 106; ESA, Section 7; Executive Orders 11988 and 11990; Executive Order 12898; and DOI Compliance Memorandum 95-2. These requirements will be addressed in the Environmental Assessment. Environmental Assessment The. NEPA EA will follow the format prescribed by the NPS and include; Purpose and Need for Federal Action, Alternatives, Affected Environment, and Environmental Consequences. Notice will be provided to interested groups that an EA is being prepared for this project. PlaceWorks is available to attend and coordinate community meetings as optional tasks. Recreational Value Assessment Residents Irving near Santa Ana College's Career Education Center have raised concerns about the amount of parking used by the campus. Although the College leases 2.6 acres at Centennial Park, the National Park Service has questioned whether the replacement parkland should be increased because of the parking spaces used by the College. PlaceWorks will review and document applicable parking regulations for community colleges and city parks In the City of Santa Ana Municipal Code. In addition, we will pay site visits and make parking demand counts at the parking areas serving the Centennial Education Center In the northeast quadrant of Centennial Regional Park. Parking counts at the Centennial Education Center site will be conducted in 1 - hour intervals for a 12 -hour period on a weekday and for an 8 -hour period on a weekend. Parking conditions at the Centennial site will be reviewed and documented. Parking demand rates and hourly demand distribution will be researched for each of the uses in transportation publications from the Institute of Transportation Engineers (ITE) and the Urban Land Institute (UU). The parking analysis will identify the required number of off-street parking spaces for the existing Centennial Education Center and the off-street parking requirements in the City of Santa Ana Municipal Code, and based on field data and published data available. The hourly parking demand rates for the existing and proposed land uses will be identified at the existing and proposed sites at any given time on weekdays and weekends. Finally, an estimate of the land area required for the parking area needed to accommodate the existing Centennial Education Center will be provided. A technical memorandum will be provided to summarize the findings of the parking study. Following completion of this parking assessment and the Recreational Value Assessment, a draft of the RVA will be submitted to NPS for review. If the NPS occurs with the resulting recommended land exchange, PlaceWorks will continue with processing the EA. If this assessment determines that greater parkland compensation is required for the exchange, the City may be required to identify an additional site, which would require amendment to this scope of work. SummaryDocument The EA will include a detailed summary describing the City's proposal to exchange other parkland in underserved areas of the City for the College's leased property. The summary will review how the three sites qualify as eligible for the exchange and how they satisfy the requirement as "reasonably equivalent" to the leased property. NPS's legal requirements for the land exchange will be described. November 27, 2017 1 Page 3 25E-16 Alternatives considered by the City but rejected will be explained. These may include the offer of five acres on the south side of the park, use of the Godinez High School parking garage or other alternatives. The No Action alternative will also be addressed. Public Scoping and Comment With the assistance of City staff, PlaceWorks will compile of list of interested agencies, homeowner's groups, and individuals who have indicated an interest. PlaceWorks will also generate a mailing list of addresses within a 500 -foot radius of the three sites (Centennial, Site 1, and Site 2). PlaceWorks will prepare a notice for and participate in a scoping meeting. It is assumed that the City will mail the notices and secure the location for the meeting. PlaceWorks will prepare a presentation describing the project, summarizing the CEQA process and taking notes of comments received. Public Review After approval by NPS for circulation, the EA will be made public for a minimum of 30 days. Comments received on the EA will be collected, and a report on those comments will be provided to NPS. Analysis of Public Comments Comments on the EA will be reviewed, responses will be prepared, and any changes required of the EA will be reported to NPS. Revised Environmental Assessment Based on a review of the EA and all comments and responses, the NPS may determine that changes to the EA are required. If the EA is revised, the document will again be made available for public review for 30 days. Decision Document PlaceWorks will prepare a draft of the decision document, a Finding of No Significant Impact (FONSI), or Notice of Intent to prepare an EIS for NPS review. After NPS review and approval, the decision document will be made available for public review. Administrative Record PlaceWorks will be responsible for maintaining the NEPA Administrative Record. CEQA DOCUMENTATION The proposed project will also trigger requirements for environmental review under CEQA. Based on our understanding of the project and of CEQA requirements, we expect that the preparation of a (Mitigated) Negative Declaration will be sufficient. Although highly unlikely, should an impact be found to be significant and unmitigated, the project could trigger the requirement foran EIR. PlaceWorks will prepare an Initial Study that will contain a detailed description of the proposed project and environmental setting, environmental impact checklist, analysis of each environmental topic, and mitigation measures, as appropriate. November 27, 2017 1 Page 4 25E-17 F v • .1 ��m The Initial Study will address 18 topical areas and mandatory findings of significance. » Aesthetics » Agriculture and Forestry Resources » Air Quality » Biological Resources » Cultural Resources/Historic » Geology/Soils » Greenhouse Gas Emissions » Hazards / Hazardous Materials » Hydrology/ Water Quality » Land Use/ Planning » Mineral Resources » Noise » Population/ Housing » Public Services » Recreation » Transportation/Traffic » Tribal Cultural Resources » Utilities/Service Systems We believe the results of the Initial Study will lead us to recommend preparation of a (Mitigated) Negative Declaration. We will submit a screencheck of the MND/Initial Study and, upon receipt of comments on the document, we will make necessary revisions and prepare the MND/Initial Study for public review. A final version will be sent to the City for review and sign -off. PlaceWorks will prepare a Notice of Intent (N01) and submit the official MND/IS and N01 as .pdf files on CD. The electronic files will be compressed or segmented so files can be easily uploaded to and downloaded from the City's website. Once the public review period has closed, PlaceWorks will review and respond to the comments received. For budgeting purposes, a maximum number of hours for responses to comments is provided in our cost table. Some of the comments may require the participation of the project team. We will also prepare and submit the Notice of Determination (NOD) to the county and the State Clearinghouse following project approval. We assume the City will provide a check to cover the County Clerk and Department of Fish and Wildlife filing fees, if required. TECHNICAL SECTIONS The following paragraphs describe our approach in preparing various technical sections that will be used in the CEQA document. Aesthetics The proposed parks will change the visual character of the two sites. The 6th/Lacy Park involves the demolition of three single-family residences, and the Raitt/Mrytle Park involves construction on a vacant site. The parks will include trees, landscaping, play structures, hardscapes, community gardens, and shade structures, and the Raitt/Myrtle Park plan shows a restroom building. The proposed projects would be appropriately scaled for the neighborhood and should improve the visual character of the area. Air Quality and GHG For purposes of this scope and cost estimate, PlaceWorks will prepare a technical analysis to evaluate potential air quality and greenhouse gas (GHG) emissions impacts associated with the proposed parks at Site 1 and Site 2. Modeling will be conducted using the California Emissions Estimator Model (CaIEEMod) and will be included as an appendix to the environmental document. Construction Phase. The analysis will calculate construction emissions related to the development of the proposed parks at each proposed location. The construction phase regional emissions inventory will be November 27, 2017 1 Page 5 25E-18 based on the general anticipated construction schedule, including duration for each construction subphase, anticipated equipment for each construction subphase, and estimated earthwork movement (if applicable), as provided to PlaceWorks. Project -related construction emissions will be compared to the South Coast Air Quality Management District (SCAQMD) regional significance construction thresholds. Localized air pollution impacts from onsite construction equipment exhaust and fugitive dust generated at each proposed park site will also be compared to SCAQMD's screening -level localized significance thresholds (LST) for their potential to elevate concentrations of air pollutants at the adjacent land uses surrounding the project site. If necessary, mitigation measures will be identified to reduce any potentially significant regional and/or localized air quality impacts. Operational Phase. Based on the preliminary information received, the proposed parks would generally consist of open play areas and ancillary structures (e.g., restrooms) that would generate minimal to no operation -phase criteria air pollutant and GHG emissions from energy and area sources. Additionally, it is assumed that the proposed parks would serve the local communities and would generate only limited vehicular traffic that would result in nominal mobile -source emissions. Thus, the technical analysis will provide a qualitative discussion describing potential operational -phase air quality and GHG emissions impacts associated with the proposed parks. Other Areas of Impact The SoCAB is currently designated nonattainment under the National and/or California ambient air quality standards (AAQS) for ozone (03), fine inhalable particulate matter (PM2.5), coarse inhalable particulate matter (PM10), and lead (Los Angeles County only). The SCAQMD has adopted the 2016 Air Quality Management Plan (AQMP). The AQMP is prepared to ensure the SoCAB can attain the long-term National and California AAQS. The air quality analysis will include a consistency evaluation of the project's regional emissions to SCAQMD's AQMP. Furthermore, the SoCAB has been designated in attainment for carbon monoxide (CO) under both the California and National AAQS. Therefore, the air quality analysis will include only a qualitative assessment of CO hotspots. In addition, the environmental document will also include a qualitative assessment of potential odor impacts. Project Conslstency with Plana Adopted to Reduce GHG EmLsslons. The GHG section will discuss the GHG reduction goals of Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), and SB 375. To achieve the GHG reduction targets of AB 32, the California Air Resources Board (GARB) prepared the 2008. Scoping Plan and a 2014 update. CARE also recently released a draft of the 2017 update to achieve the SB 32 reduction target. In addition, the Southern California Association of Governments (SCAG) has adopted a regional transportation plan/sustainable communities strategy (2016-2040 RTP/SCS) to ensure that the southern California region can attain the regional transportation -related GHG reduction goals of SB 375. Furthermore, the City has prepared a Climate Action Plan. Project consistency with these statewide, regional, and local GHG emissions reduction strategies and plans will be reviewed. Biological Resources There are no natural biological habitats on either site, and impacts to biological resources are noy anticipated. Cultural Resources The cultural resources studies listed above will be used in preparing the related sections in the NEPA and CEQA documents for Sites 1 and 2. November 27, 2017 I Page 6 25E-19 Geology and Soils The soils and geology section of the Initial Study will be prepared based on studies and documentation generally available from the City. Hazards and Hazardous Materials This section of the Initial Study will be based primarily on the Phase I ESAs previously prepared for the NEPA document. Hydrology and Water Quality Both sites are Flat and located in urbanized areas. The existing storm drain systems in these locations will be noted and plans for connecting to such systems will be reviewed along with best management water quality requirements. Noise and Vibration PlaceWorks will prepare a noise and vibration analysis for construction and operational activities associated with providing replacement park property currently leased by Santa Ana College at the Centennial Regional Park (CRP). Our basic premise is that such replacement parkland will be secured and that the college activities at the CRP will not substantially change. The analysis will be incorporated into the environmental documents under both CEOA and NEPA (with the National Park Service [NPSj as the Federal Agency). The noise analyses will be consistent with the noise standards and criteria of the City of Santa Ana, the State of California, and the U.S. National Park Service. Specifically, the primary technical assessment driver will be NPS' NEPA Handbook (2015) and related Supplemental Guidance publications (Sept 2015). The project consists of various clearing/prepping activities at one or more sites, followed by construction of new, passive and active park facilities. The sites are generally surrounded by single-family and multi -family residential land uses which would provide the patrons to the parklands. These new park sites are assumed to be accessed primarily via local pedestrian or bicycle traffic and would, thus, not be associated with large amounts of motorized vehicle traffic. PlaceWorks will describe the existing environment setting within the vicinity; including an examination of the current regulatory framework (i.e., existing policies, regulation, and ordinances). PlaceWorks will assess existing conditions and identify the major noise sources in the vicinity of the project site, the nearest sensitive receptors, and other pertinent community characteristics; based on aerial photography, site plans, and project site photos. From on initial investigations, the area around the project sites appear to be a built -out, urbanized part of the city. As such, no notable changes in trafficflows — or the associated traffic noise levels — are anticipated and a qualitative assessment of traffic noise increases (due to the project implementation) will be made; in coordination with our in-house traffic assessment team members. Therefore, no field assessment of existing noise levels is warranted. PlaceWorks will conduct an assessment of potential noise and vibration impacts during the construction of the proposed project; with particular attention on possible disruption effects at adjacent properties. Noise generated by each construction phase will be estimated based on the construction equipment matrix, the durations of activities, and the projected haul truck traffic; all to be provided by the city staff and/or their contractor(s). Since the use of the proposed outdoor activity areas is not envisioned to be notably different than current conditions, long-term operational noise impacts will be addressed qualitatively. November 27, 2017 1 Page 7 25E-20 �OKI Public Services The two proposed parks are much needed in underserved areas of Santa Ana. The police and fire departments will be contacted to identify related service needs. Traffic and Transportation Parks of this size and character are anticipated to generate very limited vehicular traffic, which will be noted in the Initial Study. These parks will be accessed by pedestrians from the adjacent neighborhoods. A traffic study is not warranted. Utilities and Service Systems These small parks will create limited demand for utilities, which will be reviewed briefly in the Initial Study. Cost Estimate Table 1 presents our cost estimate based on our understanding of the project and the scope of work outlined above. Note: the environmental tasks cover Sites 1 and 2, since Site 3 was previously approved. Table 1, Cost Estimate TASK I COST NEPADoament Recreational Value Report/Parking Demand Assessment $6,600 Proposal Description/Summary/Environmental Screening Form 2,900 Federal Law/Executive Order Compliance 4,900 Environmental Assessment (Purpose and Need, Alternatives, Affected Environment, Environmental Consequences) 11,800 Public Scoping (1 meeting) 3,900 Public Review 3,400 Analysis of Public Comments 2,500 Revised Environmental Assessment 1,500 Decision Document 1,200 Administrative Record 2,000 Graphics 2,600 Editing/Word Processing 2,400 Distribution of Document 900 Environmental Setting 1,400 Mitigated Negative Declaration 900 Notice of Intent of Availability 1,200 Notice of Determination/Filing 800 November 27, 2017 1 Page 8 25E-21 'REM;�) P F- IN I j S� : �' Table 1, Cost Estimate TASK COST Aesthetics $1,600 Air Quality and Greenhouse Gases 7,500 Biological Resources 800 Cultural Resources (cultural resource studies by others) 800 Geology and Soils 1,400 Hazards and Hazardous Materials (Phase I ESAs by others) 1,500 Hydrology and Water Quality 2,600 Land Use and Planning 800 Noise and Vibration 5,500 Public Services 1,800 Traffic and Transportation 3,200 Utilities and Service Systems 2,200 Project Management: Project Management $3,200 Team Meetings (2); Council Meeting (1) 3,520 Subtotal -Labor $87,320 _ REIMBURSABLES, -- - Screencheck NEPA/CEQA Document (electronic only) n.a. 25 copies Draft EA/MND ($65/ea) $1,625 15 Copies CD/Summary for State Clearinghouse 300 15 copies Responses to Comments 200 Mailing Usts/Addresses (500 ft radii of Centennial, and Sites 1 and 2) 1,900 Mileage 100 Deliveries/Overnight 200 Parking Counts 880 Office Expenses (2% of labor) 1,746 County Clerk/Fish and Wildlife Filing Fees (not included) n.a. Subtotal —Relmbursables $6,951 j GHANDTOTA4 $94,271 , ; November 27, 2017 1 Page 9 25E-22 PlaceWorks - 2017 Standard Fee Schedule STAFF LEVEL HOURLY BILL RATE Principal $210-$325 Associate Principal $190-$225 Senior Associate/Senior Scientist $160-$200 Associate/Scientist $120-$170 Project Planner/Project Scientist $95-$125 Planner/Assistant Scientist $854100 Graphics Specialist $65-$135 Clerical/Word Processing 5454160 Intern $65-$85 Subconsultants are billed at cost plus 10%. Mileage reimbursement rate Is the standard IRS -approved rate. Acknowledgment This proposal shall remain valid for a period of 90 days from the time of submittal. As Principal, I am authorized to bind PlaceWorks and the project team to the contents of this proposal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact the undersigned. Respectfully submitted, PIACEWORKS Dwayn ears, Al'P Princi 25E-23 November 27, 2017 1 Page 10 EXHIBIT C FEE PROPOSALS 25E-24 Exhibit C '�' � ! 6 - 'l t•i iri Public Services The two proposed parks are much needed in underserved areas of Santa Ana. The police and fire departments will be contacted to identify related service needs. Traffic and Transportation Parks of this size and character are anticipated to generate very limited vehicular traffic, which will be noted in the Initial Study. These parks will be accessed by pedestrians from the adjacent neighborhoods. A traffic study is not warranted. Utilities and Service Systems These small parks will create limited demand for utilities, which will be reviewed briefly in the Initial Study. Cost Estimate Table 1 presents our cost estimate based on our understanding of the project and the scope of work outlined above. Note: the environmental tasks cover Sites 1 and 2, since Site 3 was previously approved. Table 1. Cost Estimate TASK I COST i NEPADowment Recreational Value Report/Parking Demand Assessment $6,600 Proposal Description/Summary/Environmental Screening Form 2,900 Federal Law/Executive Order Compliance 4,900 Environmental Assessment (Purpose and Need, Alternatives, Affected Environment, Environmental Consequences) 11,800 Public Scoping (1 meeting) 3.900 Public Review 3,400 Analysis of Public Comments 2,500 Revised Environmental Assessment 1,500 Decision Document 1.200 Administrative Record 2,000 Graphics 2,600 Editing/Word Processing 2,400 Distribution of Document 900 AddidonalTaslsforCEOACompllarice' ._ Environmental Setting 1,400 Mitigated Negative Declaration 900 Notice of Intent of Availability 1,200 Notice of Determination/Filing 800 Technical studi4rsectionsS6pfiortihg Bath CEQA and NEPA Doamerds November 27, 2017 1 Page 8 25E-25 l f1 Table 1. Cost Estimate TASK COST Aesthetics $1,600 Air quality and Greenhouse Gases 7,500 Biological Resources 800 Cultural Resources (cultural resource studies by others) 800 Geology and Soils 1,400 Hazards and Hazardous Materials (Phase I ESAs by others) 1,500 Hydrology and Water Quality 2,600 Land Use and Planning 800 Noise and Vibration 5,500 Public Services 1,800 Traffic and Transportation 3,200 Utilities and Service Systems 2,200 Project,ManaBemerrt° Project Management $3,200 Team Meetings (2); Council Meeting (1) 3,520 Subtotal -labor $87,320 REIMBUILS4 I ES _ ... .. Screencheck NEPA/CEQA Document (electronic only) n.a. 25 copies Draft EA/MND ($65/ea) $1,625 15 Copies CD/Summary for State Clearinghouse 300 15 copies Responses to Comments 200 Mailing Lists/Addresses (500 ft radii of Centennial, and Sites 1 and 2) 1,900 Mileage 100 Deliveries/Overnight 200 Parking Counts 880 Office Expenses (2% of labor) 1,746 County Clerk/Fish and Wildlife Filing Fees (not Included) n.a. Subtotal —Relmbursabtes $6,951 November 27, 2017 1 Page 9 25E-26 PlaceWorks - 2017 Standard Fee Schedule STAFF LEVEL HOURLY BILL RATE Principal $210-$325 Associate Principal $190-$225 Senior Associate/Senior Scientist $160-$200 Associate/Scientist $120-$170 Project Planner/Project Scientist $95-$125 Planner/Assistant Scientist $8s-$100 Graphics Specialist $65-$135 Clerical/Word Processing $45-$160 Intern $65-$85 Subconsultants am billed at cost plus 100,> Mileage reimbursement rate Is the standard IRS -approved rate. Acknowledgment This proposal shall remain valid for a period of 90 days from the time of submittal. As Principal, I am authorized to bind PlaceWorks and the project team to the contents of this proposal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact the undersigned. Respectfully submitted, PIACEWORKS Dwayn ears, AI -P Princi 25E-27 November 27, 2017 1 Page 10 Attachment 3-10: Fee As shown in the detailed budget on the following page, the estimated cost to complete the scope of work described in this proposal is $45,946. PlaceWorks recommends planning for a 5 to 10 percent contingency fund to cover any unforeseen out -of -scope work that might be necessary for the project. The billing rate for each team member is included in this budget. PlaceWorks bills forits work on a time -and -materials basis with monthly invoices. 46 CITY OF SANTA ANA RFP NO. 17.062 1 RECREATIONAL VALUE ASSESSMENT 25E-28 PROPOSAL FOR SERVICES I PLACEWORNS 47 25E-29 This page intentionally left blank. 48 CITY OF SANTA ANA RFP NO. 17-062 1 RECREATIONAL VALUE ASSESSMENT 25E-30