HomeMy WebLinkAbout25D - AGMT 3RD AND BROADWAY DEV REIMBURSEMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 16, 2018
TITLE:
AUTHORIZE REIMBURSEMENT AGREEMENT
WITH CARIBOU INDUSTRIES INC. FOR COSTS
RELATED TO 3RD AND BROADWAY
DEVELOPMENT PROJECT
(STRATEGIC PLAN NO. 3,5A)
/OPINIONS',
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute a Reimbursement Agreement
with Caribou Industries, Inc. for preparation of California Environmental Quality Act (CEQA)
documents, CEQA related engineering costs and CEQA related legal costs for the Third and
Broadway development project for the period of October 16, 2018 through completion of the
development, subject to non -substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
Caribou Industries Inc., has filed the necessary applications for the consideration of a mixed use
project consisting of approximately 163 residential units, 76 hotel rooms, 14,321 square feet of
commercial space and 470 parking spaces (163 residential, 211 public spaces and 96 hotel
stacker spaces) at the current 3rd and Broadway parking structure site. This report authorizes the
approval of a Reimbursement Agreement securing payment by the Developer for Environmental
Consultant costs, CEQA related Engineering and CEQA related legal costs.
The discretionary applications may consist of a General Plan Amendment (GPA), Amendment
Application (AA), Zoning Ordinance Amendment (ZOA), Variances, Site Plan Review, Conditional
Use Permit, and Vesting Tentative Map. In order to facilitate the application process, the City
requires a deposit from the developer to cover the cost for related work including CEQA,
Engineering, and City Attorney costs. It is necessary for the City to contract out for CEQA related
studies for larger projects such as this and Planning staff has selected a CEQA consultant from a
list of preferred CEQA vendors. Of those vendors, staff selected PlaceWorks to complete this
task, funded by the applicant, but operating under the direction of the City.
2513-1
Reimbursement Agreement with Caribou Industries
October 16, 2018
Page 2
Environmental Consultant (CEQA)
The City's environmental consultant, PlaceWorks, has provided a proposal that covers a range of
options in regards to compliance with the California Environmental Quality Act (CEQA). At this
time, the City has not determined what level of documentation will be needed to comply with
CEQA, but will be working to analyze and potentially accept PlaceWorks' recommendation that
an addendum to the existing Transit Zoning Code Environmental Impact Report is a sufficient
document by which the project may be processed. This will be determined after the technical
analysis of: Air Quality and Greenhouse Gas Emissions, Traffic Impact Analysis, Phase 1 Site
Assessment, Native American Coordination and Noise Study have been completed and
submitted to the City. The estimated cost from PlaceWorks to complete this analysis is $86,000,
plus a 10% overhead for Planning and Building Agency management of the PlaceWorks contract.
Planning and Building Agency, City Attorney, and City Engineer
The agreement provides for reimbursement of fees incurred for the City Attorney's Office at an
hourly billing rate of One Hundred Twenty -Three ($123) per hour, and for the City Engineer's
hourly rate of Two Hundred Thirty -Eight Dollars and fifty cents ($238.50) per hour.
To comply with this Agreement, Caribou will deposit with the City the amount of Fifty Thousand
Dollars ($50,000) to provide initial funding for the Services to be provided by PlaceWorks,
Planning and Building Agency, City Attorney's Office and City Engineer. This amount shall be
applied to pay invoices received from PlaceWorks, the Planning and Building Agency, City
Attorney's Office and City Engineer for their Services. Caribou will replenish this fund in Twenty
Five Thousand Dollar ($25,000) increments within ten business days of the City's written request.
Unused funds will be returned to Caribou Industries Inc.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #3 (Economic Development), Objective #5
(Leverage private investment that results in tax base expansion and job creation citywide),
Strategy A (Identify and market underutilized properties for new development that will create new
jobs and expand the City's tax base).
FISCAL IMPACT
Upon receipt of the initial Fifty Thousand Dollar $50,000 deposit payment from Caribou, the funds
will be deposited into the Planning and Building Agency's Special Revenue Fund, EIR Developer
Fees revenue account (no. 05316002-53607) for expenditure in FY 2018-19 from Consultant
Services — EIR Developer Fees expenditure account (no. 05316021-62308). Also, an additional
10% of all consultant fee will be charged as Administrative fee and will be deposited into the
Planning and Building -Administration, EIR Developer Fees revenue account (no. 01116002-
53607). Any additional reimbursements/payments from the developer will be deposited and
expended from the same accounts.
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Reimbursement Agreement with Caribou Industries
October 16, 2018
Page 3
-- 75�_Ak—�
Steven A. Mendoza
Executive Director
Community Development Agency
Minh Thai
Executive Director
Planning and Building Agency
Exhibit: 1. Reimbursement Agreement
APPROV D AS TO FUNDS AND ACCOUNTS:
Sergio Vidal OQ (..5 D)
Acting Executive Director
Finance and Management Services Agency
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EXHIBIT 1
REIMBURSEMENT AND INDEMNIFICATION AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND -CARIBOU
INDUSTRIES FOR THE PAYMENT OF FEES AND COSTS
RELATED TO CONTRACT ENVIRONMENTAL, LEGAL
AND ENGINEERING SERVICES FOR THE 31d AND
BROADWAY DEVELOPMENT AT 201 W. THIRD STREET
IN SANTA ANA RELATED TO ENVIRONMENTAL
DOCUMENTATION
This Agreement ("Agreement') is entered into as of September 4, 2018, by and
between 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"), and
CARIBOU INDUSTRIES; INC, a Nevada corporation ("Developer"), who agree as follows:
1. Recitals. This Agreement is made with reference to the following facts and
circumstances:
A. The City and Developer entered into Agreement No. A-2017-058, dated
April 27, 2017, in order to provide a specified period of time to attempt to negotiate a
disposition and development agreement.
B. The City and Developer approved the first amendment to Agreement No.
A-2017-058, dated April 27, 2017, on July 5, 2017.
C. The City and Developer approved the Second Amended and Restated
Exclusive Negotiation Agreement No. A-2018-002, dated January 11, 2018.
D. Developer is seeking entitlement to certain real property consisting of a City
Owned 3 Level Parking Garage located at 201 W. Third Street, in the City of Santa Ana
("Property") (APN # 398-264-13).
E. Developer has filed applications to develop the Property with a residential
and commercial project, street improvements, and hotel (the "Project'), including
approximately 163 residential units, 76 hotel rooms, 14,321 square feet of commercial
space and 470 parking spaces (163 residential, 211 public spaces and 96 hotel stacker
spaces). The discretionary applications may consist of a General Plan Amendment
(GPA), Amendment Application (AA), Zoning Ordinance Amendment (ZOA), Variances,
Site Plan Review, Conditional Use Permit, and Vesting Tentative Map.
F. City does not have personnel with sufficient expertise to prepare or review
the Environmental Document and related studies, reports and analyses for the project. In
order for City to process the Project, City is in need of contracting with an environmental
consultant. In addition to the environmental consultant, processing the Project will also
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require work to be performed by the City Attorney's Office and the City Engineer. The
work to be performed by such persons and firms in processing the Project is collectively
referred to herein as the "Services."
G. City believes it is in the public interest for Developer to pay for such
Services.
H. Developer desires to move forward with the processing of its Project
subject to the reimbursement obligations set forth herein.
2. Agreement to Pay for Services.
Developer agrees to pay for all professional costs and expenses related to the
Services as provided for in this Agreement, even though the actual amounts may be
different than the proposal for the environmental consultant as listed in Section 3, and the
amount of costs for the City Attorney's Office and City Engineer have not been estimated.
City shall provide Developer with copies of monthly invoices.
3. Environmental Consultant, City Attorney, and Engineer Services.
A. For the purpose of conducting the —env—iro—nm—enfal analysis, the
Environmental Consultant and their subcontractors will prepare technical analysis of: Air
Quality and Greenhouse Gas Emissions, Traffic Impact Analysis, Phase 1 Site
Assessment, Native American Coordination, Noise Study, and any other studies deemed
necessary by the Environmental Consultant to properly conduct the environmental
analysis.
B. For the purpose of conducting the environmental analysis, the Developer
has submitted a Conceptual Site Plan, Landscape Plan, Grading Plan, and Building
Elevations/Renderings, Preliminary Water Quality Management Plan and Hydrology
Report/Study (Hunsaker & Associates under direct contract to Caribou Industries)
Sewer/Water Study (Hunsaker & Associates under direct contract to Caribou Industries
or City's sewer consultant).
C. For the purpose of providing environmental and technical services, the City
has received a Proposal to Provide Environmental and Technical Services from
PlaceWorks in the estimated amount of Eighty -Six Thousand {$86'-Qq))� Dollars. The
PlaceWorks Scope of Services is attached herewith as Exhibit A, and the PlaceWorks
Cost Estimate is attached herewith as Exhibit B. Both Exhibits are incorporated herein
by this reference. •A<41:0% ,,administrative overhead-fee�will be charged to developer for
oversight of the PlaceWorks-Agreemgnt. `Tlie' City shall make the determination as to
what type of Environmental Document is required after reviewing studies that are required
for the Project.
D. The Planning and Building Agency, City Attorney's Office, and the City
Engineer will provide Services in connection with this Project, on an hourly basis. The
City Attorney's Office hourly billing rate for reimbursable services is One Hundred Twenty
Thiee ($123 00);per hour and the City Engineers hourly rate is Two Hundred Thirty Eight
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Dollarsf($23$:00) per hour. City may also utilize additional external consultants,
including, but not limited to, attorneys and engineers, as necessary to complete the
review. Said consultants will be billed at their agreed upon rates with the City.
Specifically, the City intends to use outside counsel from the law firm of Best -Best -&--
Krieger L !Rto- dVibw the environmental documents for legal sufficiency at the rate of
Three Hundred and Ten Dol4fL $3 .Wy erhour.
E. Developer has deposited with City the amount of fifty thousand dollars
($50,000) to provide initial funding for the Services to be provided by Place Works,
Planning and Building Agency, City Attorney's Office and City Engineer. This amount
shall be applied to pay invoices received from Place Works, the Planning and Building
Agency, City Attorney's Office and City Engineer for their Services.
F. City shall provide Developer with a monthly statement of draws against the
deposit described in Section 3.E., accompanied by invoices, time records, or other
reasonable back-up therefor.
G. It is understood and agreed that if any consultant begins work on the Project
prior to execution and delivery of this Agreement by all parties, the fees incurred in
cor nection-with the Projact_prior-to-sstch_execution_ andslelivery_wilLbe-subject_to
reimbursement pursuant to this Agreement upon execution and delivery of this
Agreement by all parties and the deposit of funds by Developer pursuant to Section 3.E.
4. Deposit.
A. At any time that City determines in good faith that the sums then held in any
deposits made pursuant to Sections 3.E above are inadequate to pay for the projected
Services to be paid from such deposit overthe succeeding two (2) month period, Developer
shall replenish the relevant deposit with the amount requested by City in writing, which
amount shall not exceed Twenty -Five Thousand Dollars ($25,000) for any particular
replenishment, within ten (10) Business Days of such written request.
B. Should any deposit not be replenished in the time and amount specified as
set forth in Section 4.A., City may direct that all Services to be paid from the deposit
applicable to such Services be halted until such time as such applicable deposit is
replenished.
C. All deposits will be placed in a non-interest bearing trust account. Developer
understands and agrees that City will not pay interest to Developer on the deposits, and
Developer will not seek interest payments from City.
D. No later than forty (40) days after the earliest to occur of: (1) final action is
taken by City on the Project, (2) Developer notifies the City in writing of its withdrawal of
the Project applications, or (3) the Project is otherwise abandoned, City will provide
Developer with a final accounting of costs and expenses, accompanied by invoices, time
records or other reasonable back-up therefor, which accounting the Developer agrees will
be conclusive, in the absence of manifest error. Should the total reimbursement amount
required for any Services be less than the total amount deposited by Developer with
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respect to such Services, City will refund any remaining deposit amount relating to such
Services to Developerwithin forty-five (45) days after determining the final reimbursement
amount for such Services.
E. In the event Developer fails or refuses to make any of the deposits required
herein, Developer shall be liable to City for the amount of all fees charged to the City for
Services actually provided which exceed the amount of the deposit paid by Developer for
such Services, and City shall have the right to pursue a breach of contract action, or any
other pertinent legal action available to the City, against the Developer. Further, the
prevailing party in any dispute and/or litigation necessary to enforce or interpret this
Agreement shall be entitled to seek and collect its costs and reasonable attorney's fees
from the other party.
5. Other Costs. Developer acknowledges that the cost of the Services does
not include all application, permitting, inspection, or other fees which may be charged by
City in connection with the Project. To the extent the fees ordinarily charged by City for
projects similar to the Project relate to costs that are not reimbursed under this
Agreement, such fees shall be separately paid in accordance with the relevant City fee
schedule.
6. No Guarantee of Approval. Developer acknowledges that its payments and
deposits described herein do not mean that the City will approve the Project nor that City
staff will make a recommendation in favor of the Project. Even if the Project is not
approved, Developer shall remain liable for all costs for Services actually provided
concerning the Project.
7. Independence of Consultants.
A. During the Term of this Agreement, Developer will not directly or indirectly
enter or propose to enter into any financial or business relationship with any of City's
consultants that are working on the Project.
B. Developer hereby acknowledges and agrees as follows:
L City has sole discretion to select which of its employees or
independent contractors are assigned to work on Developer's application;
ii. City has sole discretion to determine which persons City will hire as
consultants to work on Developers application.
iii. As between City and Developer, City has sole discretion to direct the
work and evaluate the performance of the consultants whom the City hires to work on
Developers application. City retains the right to terminate or replace at any time any
consultant who is assigned to work on Developer's application.
iv. City has sole discretion to determine the amount of compensation
paid to consultants hired by City to work on Developer's application.
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V. City, not Developer, shall pay consultants hired or assigned by City
to work on Developer's application from a City account under the exclusive control of City,
which is to be funded by Developer as set forth in this Agreement.
A. Except for those disclosures required by law, including, without
limitation, the Public Records Act, all conversations, notes, memoranda, correspondence
and other forms of communication by and between the City and its consultants shall be,
to the extent permissible by law, privileged and confidential and not subject to disclosure
to the Developer.
vii. Developer shall have no claim to, nor shall Developer assert any right
in any reports, correspondence, plans, maps, drawings, news releases or any and all
other documents or work product produced by the consultants ("Consultant Work
Product"); provided, however, that in the event Developer does not successfully secure
entitlements for the Project and the City or a subsequent developer secures entitlements
using the Consultant Work Product for entitlements on the Property, the City and/or
developer shall reimburse Developer for Developers costs for preparation of such
reports, correspondence, plans, maps, drawings, news releases or any and all other
documents.
C. City and Developer hereby acknowledge and agree that processing of
Developers application is not contingent on the hiring of any specific consultant.
D. City and Developer hereby acknowledge and agree that Developers duty
to reimburse City is not contingent upon the approval or disapproval of the proposed
Project, or upon the result of any action of the City.
E. Neither Developer nor its officers, employees or agents, shall communicate
with PlaceWorks, or any of the City's consultants, during the term of this Agreement
without prior approval of the City, unless such communication is initiated by PlaceWorks,
or any of the City's consultants, to obtain information about the Project which is needed
to prepare the Environmental Document.
8. Term and Termination. Absent a formal withdrawal of the Project
application(s), Developer shall not be entitled to terminate this Agreement. If Developer
does formally withdraw the Project application(s), Developer shall remain liable for all
costs for the Services incurred through the date of termination. The Term of this
Agreement shall commence upon the execution and delivery of this Agreement by all
parties hereto and shall terminate on the earliest to occur of: (a) the City taking final action
on the Project; and (b) Developer formally withdrawing its Project applications. The
provisions of Sections 6 through 23 (inclusive) shall survive termination of this Agreement.
9. Developer Default.
A. Should Developer fail to perform any of its obligations under this
Agreement, then City may, at its option, pursue any or all of the remedies available to it
under this Agreement, at law or in equity.
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B. Without limiting any other remedy which may be available to it, if Developer
fails to perform any of its obligations under this Agreement, City may cease performing
its obligations under this Agreement.
C. If any amounts remain owing to City for Services actually performed prior to
termination of this Agreement, City may bring an action to recover all costs and expenses
incurred by the City in completing such Services, together with interest thereon from the
date incurred at the rate of ten percent (10%) per annum, or at the maximum legal rate,
whichever is greater.
D. City will not take the Project forward for consideration of discretionary
actions unless and until all fees are paid. If any amounts remain owing to City pursuant
to this Agreement for Services actually performed prior to termination of this Agreement,
City may withhold consideration of discretionary actions, permits and/or certificates of
occupancy until all such amounts are paid.
10. Indemnification. Developer further agrees that to the fullest extent permitted
by law, the Developer shall defend, indemnify, protect, and hold harmless, the City of
Santa Ana and its constituent public agency members, officers, employees, volunteers,
attorneys -and -agents -(in -the -aggregate; the"City-Indemnitees")-from—an}ran�d-all-liability,
demand, claim, action, or proceeding, whether actual, alleged, or threatened, including
by way of example but not exclusion, proceedings of an administrative or regulatory
nature and proceedings that may be associated with alternative dispute resolution (an
"Indemnified Claim") brought by third parties against any City Indemnities (including any
advisory agency of the City), to attack, set aside, void, annul, or challenge the validity of
any approvals granted for the Project, the Environmental Document concerning the
Project, or seeking damages which may arise from any approvals granted for the Project,
the Environmental Document concerning the Project, or this Agreement, other than
liabilities, demands, claims, actions or proceedings caused by the sole active negligence
or willful misconduct of the City or any City Indemnitee.
In any defense of any City Indemnitees, City shall have the absolute right to unilaterally
select the legal counsel for such City Indemnitees (with the intention of using one law firm
to defend all City Indemnitees unless conflicts of interest preclude such joint
representation), and any experts or consultants deemed necessary by City in an exercise
of City's sole discretion. Developer shall reimburse City for one hundred percent (100%)
of the City's actual fees and costs in connection with the Litigation ("Fees and Costs").
Such Fees and Costs shall include, but not be limited to, all reasonable court costs and
attorneys' fees, including other City staff time, consultants or experts, spent in regard to
defense of an Indemnified Claim.
City shall promptly render notice to the Developer of the existence of the
Indemnified Claim (a "Notice") and Developer shall defend the City Indemnitees at
Developer's expense. City shall cooperate fully with Developer in the defense of any
Indemnified Claim. In any Notice, City shall estimate the cost of its defense, which shall
include, but not be limited to, actual attorney fees, court costs, expert witnesses and
y
25D-10
consultant fees, and all other costs that may arise out of, or be incurred by City in the
defense of an Indemnified Claim. Upon such Notice, Developer shall promptly deposit
funds equal to the first three (3) months of the Estimated Cost with the City and shall
make additional deposits as and when required to fund the further costs of defending the
City Indemnitees for such Indemnified Claim. Failure of Developer to deposit such funds
shall be deemed a material breach of this Agreement. City shall refund, without interest,
any unused portion of the deposits once litigation is finally concluded or a dispute is
resolved regarding an Indemnified Claim.
11. Compliance with Law. Developer will, at its sole cost and expense, comply
with all of the requirements of all federal, state, and local laws now in force, or which may
hereafter be in force, pertaining to this Agreement.
12. Waiver of Breach. Any express or implied waiver of a breach of any term
of this Agreement will not constitute a waiver of any further breach of the same or any
other term of this Agreement.
13. Notices. Except as otherwise expressly provided by law, all notices or other
communications required or permitted by this Agreement or by law to be served on or
deemed received on: (i) the day of delivery if delivered by hand, e-mail (with confirmation
of receiving party) and fax (both email and fax required for notices delivered by email or
fax), or overnight courier service, during regular business hours; or (ii) on the third
business day following deposit, with postage prepaid, in the_United_States_P_ostal_Service
and addressed to the contracting parties. Name, address, telephone numbers, and e-mail
addresses of the Parties are as follows:
City: City of Santa Ana
Attention: Community Development Executive Director
20 Civic Center Plaza (M-25)
Santa Ana, CA 92701
Telephone: (714) 647-5360
Fax: (714) 647-6549
E-mail: SMendozaaa.santa-ana.org
A Copy to: Sonia Carvalho
City Attorney, City of Santa Ana
20 Civic Center Plaza (M-29)
Santa Ana, CA 92701
Telephone: (714) 647-5203
Fax: (714) 647-6549
E-mail: SCarvalho@santa-ana.org
Developer: Caribou Industries
Attn: Mike Harrah
President
25D-11
1103 North Broadway
Santa Ana, CA 92701
Telephone: (714) 543-9484 (office)
Fax: (714) 543-9972
Either party may change its address for the purpose of this Section by giving written notice
of the change to the other party.
14. Interpretation. This Agreement is deemed to have been prepared by all of
the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against
the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted
according to the applicable rules of interpretation of contracts under the law of the State
of California.
15. Business Day. For purposes of this Agreement, "Business Day' means any
day other than a Saturday, Sunday, a federal holiday, or a day on which City Hall for the
City of Santa Ana is closed for the conduct of regular business.
16. Successors. This Agreement shall be binding on and inure to the benefit of
the successors and assigns of the respective parties hereto. However, this Agreement
shall not be assigned by Developer in whole or in part without the prior written consent of
City.
17. Governing Law. This Agreement has been made in and will be construed
In accordance with the laws of the State of California, and exclusive venue for any action
involving or arising out of this Agreement will be in Orange County.
18. Attorneys' Fees. If a Party hereto files any action or brings any action or
proceeding against another Parry arising out of this Agreement, then the prevailing Party
shall be entitled to recover as an element of its costs of suit, and not as damages, its
reasonable attorneys' fees as fixed by the court, in such action or proceeding or in a
separate action or proceeding brought to recover such attorneys' fees. For the purposes
hereof the words "reasonable attorneys' fees" mean and include, in the case of the City,
salaries (or fees) and expenses of the lawyers employed by the City (allocated on an hourly
basis) who may provide legal services in connection with the representation of the City in
any such matter.
19. Severability. Should any provision of this Agreement be held by a court of
competent jurisdiction to be either invalid or unenforceable, the remaining provisions of
this Agreement will remain in effect, unimpaired by the holding.
20. Integration. This instrument constitutes the sole agreement between City
and Developer respecting the above matters, and correctly sets forth the obligations of
City and Developer. Any Agreements or representations by City to Developer not
expressly set forth in this instrument are void.
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21. Construction. The language of each part of this Agreement will be
construed simply and according to its fair meaning, and this Agreement will never be
construed either for or against either party, whether or not that party drafted all or a portion
hereof.
22. No Prior Agreements and No Oral Modifications. This Agreement
represents the entire understanding of City and Developer with respect to the subject
matter hereof and supersedes all other prior or contemporaneous written or oral
agreements pertaining to the subject matter of this Agreement. This Agreement may be
modified, only in writing signed by the authorized representatives of City and Developer.
23. No Partnership or Joint Entity. This Agreement is not intended to and does
not create a partnership or any other form of single or joint entity or any sort comprised
of the Parties and/or their attorneys.
24. Authority/Modification. Each party represents and warrants that all
necessary action has been taken by such party to authorize the undersigned to execute
this Agreement on behalf of such party and to engage in the actions of such party described
herein. This Agreement may be modified solely by written amendment signed by both City
and_Developer__City's City_Manager,_or_designee,_may-execute_any-such-amendment-on
behalf of City.
25. Counterparts. This Agreement may be executed in any number of
counterparts, each of which will be an original, but all of which together will constitute one
instrument executed on the same date.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first hereinabove written.
CITY OF SANTA ANA
-32
Raul Godinez II, City Manager
ATTEST:
By:
Maria Huizar, Clerk of the Council
APPROVED AS TO FORM:
0
Attorney
By:
Mich 1 F. Harrah, President
Dated:
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[RO'ttoounlbt.. - TTM
ExhlbltA
Scope of Services
The following scope of work has been prepared in accordance with our approach and understanding of the
project and CEOA, and assumes that an EIR Addendum to the programmatic Transit Zoning Code EIR
(Addendum) would be the appropriate CEQ4 document.
Proposed Project
The Proposed Project is located at 201 West 3rd Street, at the northeast corner of Broadway and 3rd Street
in Downtown Santa Ana. Caribou Industries proposes to replace the existing City -owned, 3 -level parking
garage with a mixed-use development containing a 75 -room boutique hotel, 164 housing units, 15,320
square feet of commercial space (including retail and food/beverage establishments), and rooftop
amenities ancillary to residential and hotel uses.
The development would be comprised of two buildings: a 15 -story, 182 -foot -tall residential and
commercial building and a 10 -story, 127.5 -foot -tall hotel building. The buildings would be separated by an
extension of Sycamore Street from the north edge of the project site to West 3rd Street. The Proposed
Project would provide 403 total structured parking spaces, including 211 public parking spaces.
Consistent with statewide mandates (see AB 32, SB 375, SB 743) and SCAG's 2016-2040 RTP/SCS to place
increased density near major transportation and employment centers, the Proposed Project would
introduce a diverse mix land uses; place residents in the immediate vicinity of County and City
governmental offices, shops, restaurants, bars, local art scenes, parks; and would be within walking
distance to several major public transit opportunities. Bus routes serving the project area include OCTA
routes 19, 51, 53, 55, 64, 83, 84, 145, 206, 462 and 757. These routes provide connections to several areas
countywide. In addition, the project site is about one mile from the Santa Ana Regional Transportation
Station, which is served by regional trains including Amtrak and Metrolink, and bus lines such as Greyhound
and several OCTA bus routes. The Proposed Project would be within walking distance of the planned OC
Streetcar, expected to be in operation in 2020.
The Proposed Project is within a transit priority area (TPA) as defined by Public Resources Code (PRC)
Section 21099(a)(7). A TPA is an area within one-half mile of a major transit stop that is existing (or planned
under certain conditions). A major transit stop includes the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute
periods (PRC § 21064.3). The Project site is within 0.15 miles of the intersection of Bus Routes 53/53X
(north -south along Main Street), 55, and 64/64X (east -west via 1st Street). Under SB 743, aesthetic and
parking impacts cannot be considered a significant impact within TPAs.
Task 1: Project Management and Administration
PlaceWorks' project manager will coordinate closely with the applicant to ensure that the EIR Addendum
and associated technical documents delivered to the City are legally defensible, accurate, and useful to
decision makers considering the approval of the project. The project manager will also coordinate with the
City throughout the process not only to streamline the CECIA process, but to avoid or anticipate any
changes that could result in delays.
The project manager will be the key contact for the applicant and will be responsible for managing (1) task
scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2)
consultation and coordination with local and state agencies relative to the environmental document and
the environmental review process; (3) coordination and communications with City staff to ensure that City
3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 1 714.966.9220 1 PlaceWorks.com
2501-15
policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated
into the EIR Addendum; (4) ensuring that the environmental review process and the EIR Addendum satisfy
the statutes and guidelines of CEQA and the City's CEQA procedures; and (5) representing the consultant
team in public meetings as requested by the City.
Task 2: Technical Analyses/Studies
Based on our assumptions and understanding, the following technical analyses/studies will be prepared by
the project applicant's consultants and will be available for our effort in preparation of the EIR Addendum.
For the purpose of this proposal, the technical analyses/studies are assumed to be complete and contain all
information necessary to adequately evaluate impacts associated with the Proposed Project.
» Conceptual Site Plan, Landscape Plan, Grading Plan, and Building Elevations/Renderings
» Preliminary Water Quality Management Plan and Hydrology Report/Study (Hunsaker & Associates under
direct contract to Caribou Industries)
» Sewer/Water Study (Hunsaker & Associates under direct contract to Caribou Industries or City's sewer
consultant)
PlaceWorks and its subconsultants will prepare/provide the following technical analyses/studies in support
of the EIR Addendum.
Task 2.1: Air Quality and Greenhouse Gas Emissions Analyses (PlaceWorks)
PlaceWorks will prepare a technical analysis to evaluate potential air quality and GHG emissions impacts
associated with the Proposed Project compared to what was previously analyzed in the TZC EIR. Impacts
will be based on the current methodology of the South Coast Air Quality Management District (SCAQMD)
for projects within the South Coast Air Basin (SoCAB). 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 Project. The construction phase regional emissions inventory will be 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) and
demolition debris amount, as provided to PlaceWorks. For purposes of this scope and cost estimate, it is
assumed the Proposed Project would be developed in one general phase. Project -related construction
emissions will be compared to the construction emissions associated with the project site as analyzed in
the TZC EIR for regional and localized emissions. Previously mitigation measures identified in the TZC EIR
such as MM4.2-2 and MM4.2-12 will be reviewed.
Operational Phase: The Proposed Project would generate emissions from project -related transportation
sources, area sources (e.g., landscaping fuel, architectural coatings, consumer products), energy sources
(e.g., natural gas, electricity), water and wastewater use, and waste generation. The air quality and GHG
emissions analysis will provide a quantified estimate of the increase in long-term emissions for the
proposed mixed-use project only at full buildout. Additionally, the analysis will also examine emissions
assumed for the project site as analyzed under the programmatic TZC EIR. Emissions will be based on the
land use types being proposed and on the anticipated trip generation as determined by IBI Group, Inc.
Additionally, total emissions from construction activities will be amortized into the GHG emissions
inventory. GHG emissions will be evaluated SCAQMD's proposed bright -line screening threshold as the
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business -as -usual threshold utilized in the TZC EIR has been generally invalidated in the recent Newhall
Ranch court case.
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 (PM,,), 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. Thus, it is anticipated
that the Proposed Project would not increase CO hotspots compared to what was identified in the Certified
TZC EIR; and therefore, CO hotspots will be described qualitatively. In addition, it is also not anticipated
that the Proposed Project would increase odor impacts as identified in the TZC EIR and therefore, the
environmental document will also include a qualitative assessment of potential odor generation to describe
potential odor impacts.
Project Consistency with Plans Adopted to Reduce GHG Emissions: The GHG section includes an update on
the latest GHG emissions reduction regulations and 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. CARB also recently
released a draft of the 2017 Scoping Plan 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.
Task 2.2: Traffic Impact Analysis (IBI Group)
IBI Group will prepare a focused traffic study for inclusion in Addendum. Since the Proposed Project would
be developed with the area governed by the City of Santa Ana's Transit Zoning Code (TZC), the Addendum
would tier off of the traffic study of the TZC (KOA Corporation, January 2010) to establish the basis for
identifying impacts due implementation of the proposed project. Traffic counts will be conducted and a TIA
will be prepared with the scope defined by the City's Public Work Agency and per the adopted MMRP. The
following tasks would be required to provide a traffic study for the proposed project:
Project Definition: IBI Group will define the Proposed Project components and identify an appropriate study
area for impact analysis
Existing Conditions Analysis: The Existing Conditions Analysis will assess existing traffic conditions and level
of service at study intersections within the study area for the weekday AM and PM peak hours. No new
traffic counts are anticipated to be collected. Existing traffic volumes will be derived by applying a City -
approved growth rate to the existing 2010 traffic volumes from the TZC traffic study. IBI Group will conduct
level of service analysis.
Opening Year Conditions: The Opening Year No Project Analysis will assess future year traffic conditions and
level of service at study intersections within the study area for the weekday AM and PM peak hours. IBI
Group will analyze project opening year (to be defined by the project applicant) and will conduct level of
service analysis for the study intersections, consistent with City of Santa Ana requirements.
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Traffic volumes will be developed in conjunction with the build out year scenario in the TZC. As such, traffic
volumes will be derived using both an ambient growth rate and cumulative projects anticipated to be
constructed and operational during the project opening year. IBI Group will consult with the City of Santa
Ana to define the cumulative projects to include from the TZC.
This task will also include identification of the project's contribution to regional vehicle miles traveled
(VMT) for the opening year condition and assess the potential for improvements to promote access via
pedestrian, bicycle and transit modes.
General Plan (2035) Conditions: The General Plan No Project Analysis will assess future year traffic
conditions and level of service at study intersections within the study area for the weekday AM and PM
peak hours. IBI Group will utilize the General Plan future year (anticipated to be 2035) traffic volumes from
the TZC traffic study. IBI Group will manually overlay project traffic onto this scenario to provide a General
Plan With Project scenario.
Based on the results of the traffic analysis, IBI Group will identify any significant traffic impacts to study
intersections and study roadways, and review mitigation measures identified in the certified TZC EIR to
potential impacts. If appropriate, the project's fair share contribution to specific impacts will be identified.
This task will also include identification of the project's contribution to regional vehicle miles traveled
(VMT) for the future year condition.
The future year analysis will also include an assessment of pedestrian, bicycle and transit opportunities to
reduce project trips. If feasible, reductions to the project trip generation will be identified and proposed in
the report.
Special Analysts: IBI Group will conduct an access analysis for all project ingress/egress locations. This
evaluation will include a level of service and queuing analysis the project driveway(s).
Shared ParldngAnalysls: IBI Group will develop a spreadsheet -based parking model to evaluate the impacts
of future planned and proposed developments within the study area. The model will be built based on the
Urban Land Institute's Shared Parking Model. The Shared Parking Model is calibrated using existing land
use characteristics and existing parking demand. Once calibrated, the model can be used to project future
parking demand. This approach will capture the unique parking characteristics of the various land uses. It is
anticipated the City will provide existing and proposed land use data within the study area to determine
future parking. IBI Group will work with City Staff and model two scenarios, anticipated to be short-term
and long-term.
Report Preparation: IBI Group will prepare a draft traffic study report, summarizing the work efforts and
analysis completed in the tasks above. Following receipt of comments by city staff, IBI will revise the draft
report and prepare the final report. The report components will follow the standard City of Santa Ana
guidelines for traffic studies.
Task 2.3: Phase 1 Site Assessment (PlaceWorks)
A Phase I Environmental Site Assessment (Phase 1) will be prepared by PlaceWorks for the 0.80 acre mixed
use development project located at 201 West 3rd Street in Santa Ana. The Phase I will be prepared in
accordance with the USEPA Standards and Practices for All Appropriate Inquiries (40 CFR 312), published
November 2005, and the most recent version of the ASTM Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process (ASTM Designation E-1527-13).
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The goal of an ASTM Phase I is to assess whether "recognized environmental conditions' (REC), historical
RECs (HREC), and controlled RECs (CREC) are associated with the subject site. Our conclusions are intended
to help the user evaluate the "business environmental risk' associated with the subject site. The Phase I
will evaluate site history, existing observable conditions, current site use, and current and former uses of
surrounding properties to identify the potential presence of "Recognized Environmental Conditions (RECs)"
associated with the site. Recognized Environmental Conditions are defined in ASTM E 1527-13 as the
presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1)
due to any release to the environment; (2) under conditions indicative of a release to the environment; or
(3) under conditions that pose a material threat of a future release to the environment"
Records Review
PlaceWorks will assemble and review readily available information on site history and usage as it relates to
the presence of hazardous substances and petroleum products that would constitute RECs on the site. The
ASTM standard lists mandatory and discretionary records for review.
We will review information from the mandatory databases within the ASTM -specified search radii. The
mandatory databases include: NPL, CERCLIS, CERCLIS NFRAP, ERNS, RCRA non-CORRACiS TSD, RCRA
CORRACTS TSD, RCRA Generators, State Hazardous Waste Sites, State Landfills and Solid Waste Disposal
Sites, Registered Underground Storage Tanks (USTs), and Leaking USTs. We intend to use an electronic
database service to provide a report summarizing information from the required records, and will rely on
the database service to conform to ASTM requirements for currency of the information. Should the
database search report identify listed sites with the potential to impact the subject site, PlaceWorks may
review the federal or state files pertaining to the listed sites, as reasonably ascertainable and practically
reviewable. The budget presented below includes costs for review of files by one agency.
Based on a preliminary records search, PlaceWorks has found that the project site had leaking underground
gasoline storage tank that received regulatory agency closure following monitoring and remediation.
PlaceWorks will review readily available reports on the assessment of the former underground storage
tank.
A 7.5 -minute US Geological Survey topographic map will be used to evaluate the physical setting in the site
area and will be supplemented by discretionary review of readily available information concerning surface
topography, surface water, soil, bedrock, and groundwater conditions on and in the vicinity of the project
site.
Historical and current aerial photographs of the properties and surrounding area will be compiled through
a photograph collection search. These photographs will be reviewed by PlaceWorks for the following
information: past land uses, development of the site and surrounding area, potential sources of
environmental contamination or evidence of spills, and other items of environmental concern.
Site Reconnaissance and Interviews
PlaceWorks will visit the site and view interior and exterior conditions to assess the nature and type of
activities that have been conducted at the site with respect to potential RECs. PlaceWorks will observe and
document visible evidence of current and past usage of the property, particularly related to potential filling,
previous structures, sewage disposal systems, hazardous substances, petroleum products, storage tanks,
and evidence of spills or releases of hazardous substances or petroleum products. For budgeting purposes,
we have assumed that all areas of the site will be made accessible and will be seen in one site visit.
Our observations and conclusions related to the site reconnaissance may be limited by prevailing weather
conditions or other site conditions at the time of our site visit. Our report will include a discussion of factors
25D-19
limiting our site reconnaissance, if applicable. If knowledgeable persons are identified and can be
interviewed, interviews will be conducted. Review of past interviews may be required. As required by the
ASTM standard, we ask that copies of previous environmental investigations and audits of the property are
made available, as well as other information related to storage, use, or release of hazardous substances or
petroleum products at the site, such as environmental permits, registrations for tanks, material safety data
sheets, or waste disposal records, if applicable.
Report Preparation
PlaceWorks will interpret the information and data assembled from work scope task items numbers 1 and
2 above, and will formulate conclusions regarding evidence of RECs at the site and their potential impact
on the site. We will prepare three copies of a report summarizing the results of our assessment and
discussing our conclusions regarding the potential presence and impact of RECs in connection with the site,
based on the work scope described above.
As required by ASTM, our final report will include a statement indicating that the work was conducted
consistent with the scope and limitations of the ASTM Standard, and discussing whether RECs were or were
not identified in connection with the property.
Assumptions
No subsurface explorations or chemical testing of soils or groundwater will be performed during this
assessment. Therefore, our conclusions regarding the evidence of RECs will be based on observations of
existing visible conditions, and on our interpretation of site history and site usage information. Further, our
conclusions regarding the presence of hazardous substances and petroleum products may not be
applicable to areas beneath existing structures, unless specific subsurface exploration, sampling, and/or
testing information is available and reviewed by us for such areas.
The ASTM E 1527-13 Standard includes the following list of "additional issues' that are non -scope
considerations outside of the scope of the ASTM Phase I practice: Asbestos -Containing Materials, Radon,
Lead -Based Paint, Lead in Drinking Water, Wetlands, Regulatory Compliance, Cultural and Historic Risks,
Industrial Hygiene, Health and Safety, Ecological Resources, Endangered Species, Indoor Air Quality, and
High Voltage Powerlines. Assessment of these items is not included in our proposed work scope. A limited
assessment of the presence of polychlorinated biphenyls (PCBs) is included in the ASTM work scope.
Accordingly, our assessment of the presence of PCBs is limited to those potential sources specified in the
ASTM Standard as "electrical or hydraulic equipment known or likely to contain PCBs to the extent visually
and or physically observed or identified from the interview or records review. A chain -of -title will not be
provided under this scope of work.
Task 2.4: Native American Coordination/Consultation
Under this task, PlaceWorks will contact the California Native American Heritage Commission (NAHC) and
request for a review/search of their Sacred Lands File. NAHC will determine if any NAHC-listed Native
American sacred lands are located within or adjacent to the project site. Upon their review of the Sacred
Lands File, NAHC will provide PlaceWorks with a letter/memo outlining their findings.
Additionally, in accordance with the Senate Bill 18 (SB 18) Native American consultation procedures
involving general plan amendments, PlaceWorks will coordinate with City staff to acquire the list of Native
American tribes that have submitted formal consultation request letters to the City. Upon receipt of the
tribe list, PlaceWorks will prepare a letter on behalf of the City to the tribe(s), requesting that the tribe(s)
contact the City in writing if they wish to consult on the proposed project; the City will mail out the final
25D-20
letters to each tribe on City letterhead. Please note that AB 52 Tribal Consultation would not be triggered
by preparation of an EIR Addendum.
Task 2.5: Noise Study
PlaceWorks will prepare a noise and vibration technical analysis to evaluate potential impacts associated
with implementation of the proposed project. We will identify potential impacts on sensitive land uses
based on relevant standards and criteria for noise exposure, including federal, state, and local ordinances,
policies, and standards, such as those identified in Irvine's General Plan Noise Element and Municipal Code.
The results of the analysis will be incorporated into the Addendum and modeling data sheets included as
an appendix.
Existing Noise Conditions. PlaceWorks will identify the nearest sensitive receptors and other environmental
characteristics, based on our experience and knowledge of similar noise environments, aerial photography,
site plans, and project site photos. Traffic noise is expected to be the dominant ambient noise source in the
area, both now and at project buildout. As such, no field measurements of ambient noise levels are
proposed, and existing conditions will be described using available noise contours and modeling
procedures.
Transportation Noise. PlaceWorks will model vehicular traffic noise using a version of the U.S. Federal
Highway Administration (FHWA) Traffic Noise Model. The traffic noise analysis will be based on traffic
volumes for the analysis scenarios provided by IBI Group. PlaceWorks will identify any substantial noise
increases above established criteria and compared to those identified in the Certified EIR.
Stationary Noise. PlaceWorks will describe nontransportation stationary and area sources of noise
generated by the project. Potential sources of stationary noise include heating, ventilation, and air
conditioning systems, delivery and parking lot noise. Future nontransportation noise will be evaluated
based on the City's Municipal Code limits and the impacts identified in the Certified EIR.
Construction Noise and Vibration. PlaceWorks will evaluate potential construction noise and vibration
impacts associated with the project. Noise and vibration effects from construction activities will be
discussed in terms of accepted standards from the City's Municipal Code and the Federal Transit
Administration (FTA). Impacts of the proposed project will be compared to those identified in the Certified
EIR. Mitigation measures to reduce short-term construction noise and vibration impacts from the Certified
EIR will be identified.
Task 2.6: Shade/Shadow Analysis
PlaceWorks will prepare a shade/shadow analysis for inclusion in the addendum. This involves the analysis
of the shade and shadow patterns created by the proposed project. This analysis requires that the
applicant provides a model of the project that can be imported into SketchUp, if a model cannot be
provided or is not available PlaceWorks can create a model if ample project information is provided. The
model will be used to analyze shade and shadow patterns created in 1 hour increments from a time period
of 8 AM to 8 PM during the winter solstice and summer solstice periods (13 time periods for each solstice).
This model will be used to graphically show the proposed project shade and shadow pattern during these
times, a compiled exhibit during each solstice will provide the travel of the shadow cast throughout the
day. The project modeling will consist of a simple block form model representative of the building footprint
and height.
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Task 3: Screencheck EIR Addendum
Based on our review of the materials provided to us and our understanding of CEQA and the environmental
issues associated with the Proposed Project, PlaceWorks will complete a screencheck version of the EIR
Addendum. The environmental analysis will be completed in compliance with CEQA Guidelines (Section
15164) and the City's adopted CEQA checklist.
The TZC EIR found that buildout of the TZC would result in significant and unavoidable impacts related to
aesthetics, air quality, cultural resources, noise, and traffic. To support analysis in the EIR Addendum,
PlaceWorks will do the following:
» Evaluate changes in impacts associated with the Proposed Project in comparison to impacts disclosed in
the TZC EIR
» Modify adopted mitigation measures to reflect site-specific impacts not adequately addressed by the
TZC EIR
» Verify that no "new or substantially more severe" significant impacts would occur under the Proposed
Project and confirm that preparation of a Subsequent EIR is not required.
The Addendum will be prepared in conformance with CEQA Guidelines Section 15164 and the City's CEQA
Procedures and will include a competed IS checklist and associated discussion that compares the Proposed
Project with the assumptions in TZC EIR. The Addendum will include the following contents:
» Introduction
» Environmental Setting
» Project Description
» Environmental Checklist (based on Appendix G of the CEQA Guidelines)
» Environmental Analysis
» List of Preparers
» References
» Appendices
Please note that, unlike other CEQA documents (e.g., EIR, MND), an Addendum does not require a public
review period. Because of this, AB 52 Tribal Consultation is not triggered by an addendum—only by
documents with formal public noticing or public review, such as a negative declaration, mitigated negative
declaration, or EIR.
PlaceWorks will coordinate with the City to obtain any additional or updated information for the Proposed
Project, including technical reports and construction equipment and schedule information. Our staff will
conduct a site visit and document existing conditions with photographs. Project site plans, elevations,
grading plans, utility plans, and landscaping plans (as available) will also be utilized to accurately evaluate
project -related impacts.
The completed screencheck EIR Addendum will be submitted to the City for review and comment. The
proposal assumes three weeks for City staff to review the screencheck EIR Addendum as requested by the
RFP. PlaceWorks will meet with the City to discuss and resolve any major areas of concern in the
screencheck, clarify areas of misunderstanding, etc. For the purposes of this proposal, we assume that the
City will provide one compiled set of comments and one round of review of the screencheck EIR
Addendum. Modification to the scope of work, budget, and time frame may be necessary if additional
screencheck reviews are required.
25D-22
138107TAr '* mkol
Task 4: Proofcheck EIR Addendum
PlaceWorks will edit the Screencheck EIR Addendum upon receipt of review comments from City staff
within two weeks of receipt. We anticipate that City staff will provide one compiled set of comments. We
also anticipate that there will be no substantive changes to the proposed site plan or the project
description and no new or additional modeling required for the technical studies. The revised version of the
Addendum will be submitted to the City in track changes for review to ensure that all comments have been
addressed. This proofcheck document will include how/where staff comments on the screencheck
Addendum have been addressed.
Task 5: Final EIR Addendum
Revisions to the Screencheck EIR Addendum will be completed by PlaceWorks based on the City's one
round of staff review comments. We anticipate that city staff will provide one compiled set of comments.
We anticipate there will be no substantive changes to the proposed site plan or the project description and
no new or additional modeling required for the technical studies.
PlaceWorks will edit the Screencheck EIR Addendum upon receipt of review comments from City staff
within two weeks of receipt. We anticipate that City staff will provide one compiled set of comments. We
also anticipate that there will be no substantive changes to the proposed site plan or the project
description and no new or additional modeling required for the technical studies. The revised version of the
Addendum will be submitted to the City in track changes for review to ensure that all comments have been
addressed. This proofcheck document will include how/where staff comments on the screencheck
Addendum have been addressed. A Mitigation Monitoring Program would also be prepared based on
Mitigation Monitoring Program No. 085c.
Task 6: Mitigation Monitoring and Reporting Program and Notice of Determination
PlaceWorks will prepare a Mitigation Monitoring and Reporting Program (MMRP) based on applicable
mitigation measures from the TZC EIR and pursuant to Section 21081.6 of the CEOA Public Resources Code.
The MMRP will be defined through working with City staff to identify appropriate monitoring
steps/procedures in order to provide a basis for monitoring such measures during and upon project
implementation. The MMRP will be based on the MMRP for the TZC EIR. If the EIR Addendum determines
that previously adopted mitigation measures in the TZC EIR are adequate to mitigate the environmental
impacts of the Proposed Project, no updated MMRP will be necessary.
Task 7: Meetings
PlaceWorks staff will attend one kick-off meeting with the City and the applicant to discuss the project
approach and schedule.
Our scope of work and cost estimate assume up to 28 hours of meeting attendance by PlaceWorks' project
director and/or project manager, as outlined below. Additional meeting participation at the City's request
will be billed on a time -and -materials basis in accordance with the hourly rates for the personnel involved,
as included in this proposal.
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25D-24
r
Exhibit B
Cost Estimate
PlaceWorks will complete the environmental and technical services outlined for a fee not to exceed
$86,000 (see Table 1). Costs are billed based on PlaceWorks fee schedule, provided below.
Table 1. Cost Estimate for EIR Addendum
TASK
COST
LABOR EXPENSES
$800
Task 1 — Project Management and Administration'
2,440
Task 2 —Technical Analyses/Studies
0
Task 2.1 —Air Quality and Greenhouse Gas Emissions Analyses
8,355
Task 2.2 —Traffic Impact Analysis (IBI Group)
28,450
Task 2.3 — Phase 1 Site Assessment
6,770
Task 2.4 — Native American Coordination/Consultation
2,400
Task 2.5 — Noise Study
5,400
Task 2.6 — Shade/Shadow Analysis
3,500
Task 3 — Screencheck EIR Addendum
15,865
Task 4 — Proofcheck EIR Addendum
3,460
Task 5 — Final EIR Addendum
1,935
Task 6 — Mitigation Monitoring and Reporting Program and Notice of Determination
875
Task 7 — Meetings
4,380
Subtotal
$83,630
REIMBURSABLE EXPENSES
Reproduction (mailing, copies, etc.)
$800
County Filing Fees'
50
Mileage' and Miscellaneous copies
120
2% of Labor for Office Expenses
1,200
Subtotal $2,170
GRAND TOTAL
$66,000
Notes:
1 Project management based on an approximately 6 -month schedule, from contract authorization to the City Council meeting. If the schedule is
extended beyond the anticipated time fame for reasons beyond the control of PlaceWorks, additional time for ongoing project management
would be incurred and an adjustment to our cost estimate may be required.
2 County fling fee assumes that California Department of Fish and Wildlife (CDFW) fees were paid at the time of the original NOD filing for the
Certified RC EIR with the Orange County Clerk -Recorder and that the receipt for payment of CDFW fees is available to be attached to the NOD
filed with the County Clerk, or that an exemption will be obtained from CDFW due to the developed nature of the project site.
3 Mileage reimbursement rate is the standard IRs -approved rate.
3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 1 714.966.9220 1 PlaceWorks.com
25D-25
® PLACEWORKS
Table 2. PlaceWorks 2018 Standard Fee Schedule
STAFF LEVEL
HOURLY BILL RATE
Principal
$210-$335
Associate Principal
$190-$230
Senior Associate/Senior Scientist
$160-$210
Associate/Scientist
$120-$180
Project Planner/Project Scientist
$95-$135
Planner/Assistant Scientist
$85-$110
Graphics Specialist
$65-$160
Clerical/Word Processing
$45-$180
Intern
$65-$95
Subconsultanls are billed at cost plus 10%.
Mileage reimbursement rate is the standard IRS -approved rate
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