HomeMy WebLinkAbout25G - ENVIRONMENTAL SERVICES
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
NOVEMBER 15, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT FOR ENVIRONMENTAL E] Amended
El Or dinance on 1~dReading
SERVICES WITH KIMLEY-HORN AND El Ordinance on 2 Reading
ASSOCIATES, INC. ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
Kimley-Horn and Associates, Inc. for environmental services in an amount not to exceed $40,150,
for a new McDonald's restaurant at 1100 South Grand Avenue subject to non-substantive changes
approved by the City Manager and City Attorney
DISCUSSION
In November 2009, the Planning Division received a submittal by Fountainhead Development to
construct a new McDonald's Restaurant on two properties located at 1100 S. Grand Avenue.
During the site plan review process, it was determined that a mitigated negative declaration would
be required for this project to meet the requirements of the California Environmental Quality Act.
Staff sent out a Request for Proposal to three qualified environmental firms. After reviewing the
proposals, Kimley-Horn and Associates, Inc. was selected as the environmental consultant for the
project. The consultant has identified a cost of $40,150 for the mitigated negative declaration to
be prepared.
FISCAL IMPACT
Funds in the amount of $40,150 will be deposited by the applicant into the Planning and Building
Agency account for contractual services (no. 09801001-24035).
APPROVED AS TO FUNDS AND ACCOUNTS:
Jay Trevino Francisco Gutierrez
Executive Director Executive Director
Planning and Building Agency Finance & Management Services Agency
VF:rb
Vf\reports\KimleyHom M N Dcontract. cc111510
Exhibit: 1. Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of 2010 by and
between Kimley-Horn and Associates, Inc., North Carolina Corporation (hereinafter
"Consultant"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly
organized and existing under the constitution and laws of the state of California (the "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field
of professional environmental reports and services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting fnrn in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide professional environmental services, including the preparation
of a mitigated negative declaration, for a proposed McDonalds Restaurant at McFadden and
Grand in Santa Ana. The scope of services (including estimated fees and costs) is attached hereto
as Exhibit A and is incorporated by this reference to this Agreement.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible
with City's computer system, as agreed between the Project Manager and Consultant. In regard
to all copyrightable material produced as a deliverable under this Agreement, including but not
limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and
computer programs, Consultant agrees, for itself and for its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material may not be copyrighted without
prior review from the City, and (b) the authors of all such material, whether copyrighted or not,
award to the City, and to its officers, agents and employees acting within the scope of their
official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish,
translate, reproduce, and use such materials.
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3. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
cumulative rates and charges identified in Exhibit A, minus any scope of work contemplated
under separate contract. The total sum to be expended under this Agreement shall not exceed
$40,150.00 during the term of this Agreement. Payment by City shall be made within thirty (30)
days following receipt of proper invoice evidencing work performed, subject to City accounting
procedures. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2011, unless terminated earlier in accordance with provisions, below. The term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended not
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insureds) and shall include, but not be limited to protection against
claims arising from g 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
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amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be ftimished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (3U)
days prior written notice to the City.
£ If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to Rimish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct, from the direct or indirect operations of the
Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section 1 of this Agreement; and (2) fiom any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is
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it
due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent
acts, omissions or willful misconduct in the performance of this Agreement.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: City of Santa Ana
C/o Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With copy to: Executive Director of
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973-1461
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and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Kimley-Horn and Associates, Inc.
765 The City Drive, Suite 400
Orange, CA 92868
Name Serine Ciandella, AICP
Its Vice President
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any proposal or other instrument that are inconsistent with,
or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the
City. Each party to this Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written donsent of the City and any such assignment, transfer, delegation or subcontract without
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the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents to the
City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
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authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify City Rilly, 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 Rilly set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
KIMLEY-HORN AND ASSSOCIATES, INC.
Serine Ciandella, AICP
Vice President
Tax ID#
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EHIBIT A
SCOPE OF SERVICES
(Attached)
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PROPOSAL TO PREPARE A
MITIGATED NEGATIVE DECLARATION
FOR A
Mc DONALD'S DRIVE-THROUGH RESTAURANT
IN THE CITY OF SANTA ANA
PROJECT UNDERSTANDING
The project applicant proposes to develop a 3,800-square-foot McDonald's Restaurant with drive-
through window at the northwest corner of the intersection of Grand Avenue and McFadden
Avenue. The project site consists of two parcels. A square parcel located at the corner of the
intersection of Grand Avenue and McFadden Avenue is currently an empty dirt lot. A rectangular
parcel located immediately to the north is currently occupied by the El Cortez restaurant and
banquet hall, with a paved parking lot to the west of the building.
The proposed project would consist of a lot merger of the two parcels, demolition of the El Cortez
building, and construction of the McDonald's Restaurant on a portion of the site. The western
portion of the El Cortez site is labeled "Not a Part (NAP)", and would not be developed as part of
this project. The proposed development would consist of the McDonald's building, a wrap-
around drive-through with a dual order-board system, and 38 on-site parking spaces.
The project will require preparation of environmental documentation, including supporting
technical studies, in accordance with the requirements of the California Environmental Quality
Act (CEQA). Based on our review of the RFP and our understanding of the project, the
environmental document will be an Initial Study with a Mitigated Negative Declaration (N4ND).
Technical studies will include a Phase I Environmental Site Assessment to identify any hazardous
materials that may be present within the project site, a traffic impact study, and an air quality
study and global climate change analysis. This scope assumes that a noise study is not needed for
this project. This scope also assumes that the Initial Study described in Task 5 will incorporate
site soils and geology information provided in the City's General Plan and a separate geotechnical
study will not be needed for the project. Kimley-horn proposes the following Scope of Services.
SCOPE OF SERVICES
TASK I PROJECT KICK OFF AND COORDINATION
The Kimley-Horn team will attend a kick-off meeting with the City of Santa Ana to initiate the
environmental review process and collect readily available infrastructure and operations data.
Kimley-Horn will perform a visual field observation of the project site and study area to identify
and document known/visible built and natural features that may be adversely affected by the
proposed project.
City of Santa Ana - 1- Kimley-Horn and Associates, Inc.
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TASK 2 - PHASE 1 ENVIRONMENTAL SITE ASSESSMENT
Kimley-Horn will prepare a Phase I Environmental Site Assessment (ESA) in accordance with the
due diligence procedures and methodology presented in the American Society for Testing &
Materials (ASTM) E 1527-05. The purpose of the Phase I ESA is to provide the following:
• An identification of Recognized Environmental Conditions (RECs) as defined in ASTM E
3527-05,1.1.1
• An opinion of the impacts on the property resulting from conditions identified during the
investigation, by a qualified Environmental Professional (EP) (ASTM E 1527-05,12.6)
• An opinion, by a qualified EP, on the need for additional investigations (ASTM E 1527-05,
12.6.1)
• A statement consistent with ASTM E 1527-05, 12.13, on the qualifications of the EP and
the suitability of the Phase I ESA to meet the requirements of The All Appropriate Inquiry
Rule, CFR 40 312.
This Phase I ESA will also provide comments on non-scope considerations defined under ASTMT
1527-05,13.
The assessment will reflect the general national standard of practice and the local customary
practice as understood by Kimley-Horn. The EP will use ASTM 1527-05 along with our judgment
and experience when reviewing results of the assessment and in identifying findings and RECs
(ASTM E 1527-05, 1.6). Kimley-Horn's scope of services for conducting the Phase I ESA consists
of the sub-tasks set forth below. The following tasks refer to only that information that is defined
as reasonably ascertainable (ASTM E 1527-05, 6.2.1).
TASK 2. 1 RECORDS REVIEW
This task consists of the following:
• An environmental database search will be prepared encompassing the minimum search
distances listed in ASTM E1527-05, 8.2.1. This report will be reviewed for known and
suspected contaminated sites. Where available, local environmental agency files and
other local governmental authority files, as defined in ASTM E 1527-05, 8.2.2 may be
reviewed, if the EP determines the files to be reasonably ascertainable and relevant to the
successful completion of the Phase I ESA.
• Kimley-Horn will review readily available databases on institutional and engineering
controls (IC/EC) and Activity Use Limitations (AU Ls).
• Kimley-Horn will retrieve and examine readily available historical aerial photographs of
the site and the surrounding vicinity. Aerial photographs will be researched to the
earliest date that is reasonably obtainable.
• Kimley-Horn will obtain and review readily available historical city directories, fire
insurance maps, and historical topographic maps.
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• Should Kimley-Horn determine that other readily available, non-traditional sources may
provide information relevant to the completion of the Phase I ESA, these sources will be
reviewed and documented.
TASK 2.2 SITE RECONNAISSANCE
Kimley-Horn will conduct a site reconnaissance consistent with ASTM E 1527-05, 9, which will
consist of the following:
• Observations of exterior site conditions
Observations of interior site conditions
Determination of current use of the property
• Determination of current use of the adjoining properties
• Identify evidence of past use of property
• Identify evidence of past use of adjoining properties
• Identification of the following visually or physically accessible items:
- Hazardous substances and petroleum products
- Storage tanks
- Odors, pools of liquid, drums
- HVAC system power/fuel source
- Containers of known and unknown substances
- Possible Polychlorinated Biphenyls (PCBs)
- Stains and corrosion on floors, walls and ceilings
- Drains and sumps
- Pits, ponds or lagoons
- Distressed vegetation
- Stained soil or pavement
- Solid waste
- Waste water
- Wells
- Septic systems
The Site Reconnaissance will be non-invasive. Kimley-Horn will not collect or analyze any
samples. We assume that we will he allowed appropriate access to all areas of the site and that
the site reconnaissance shall be conducted as a single event. Should an additional site
reconnaissance be required due to access limitations, the additional site reconnaissance shall be
considered additional services.
TASK 2.3 INTERVIEWS
Consistent with ASTM E 1527-05, 10.5.2.3 and 10.5.4, Kimley-Horn will make a reasonable
attempt to conduct the following interviews:
• Kimley-Horn will interview current and past owners, operators and occupants of the
property that have or are likely to have material information regarding uses, physical
characteristics and the potential for REC's at the subject property consistent with ASTM E
1527-05 sections 10.5.1, 10.5.2, 10.5.2.1, 10.5.2.2, and 10.5.4.
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• Kimley-Horn will interview one or more of the following state or local agencies to obtain
site specific information:
City of Santa Ana Fire Department
Orange County Environmental Health Department
Department of Toxic and Substance Control
TASK 2.3 REPORT PREPARATION
Upon completion of the Tasks 2.1 and 2.2 activities, Kimley-Horn will prepare a summary report
of the results of the Phase I ESA. The report will be formatted consistent with Appendix X4 of
ASTM E 1527-05 and will contain the fallowing:
0 Phase I documentation
0 USGS Quad map(s)
Aerial photograph(s) of the site
0 Database search records
0 Site photographs
• Description of field activities and site reconnaissance documentation
0 Interview documentation
Findings and identified REC's
0 EP opinion on need for additional investigation
0 Identification of, and opinion on significant data gaps
0 Conclusions
0 EP statement consistent with ASTM E 1527-05,12.13
0 Qualifications of EP and staff working on Phase I ESA
TASK 3 AIR QUALITY I GLOBAL CLIMATE CHANGE ANALYSIS
Scientific Resources Associated (SRA) will sub-contract with Kimley-Horn to prepare an
evaluation of potential air quality and global climate change impacts associated with the
proposed project.
TASK 3.1 EVALUATE EMISSIONS FROM PROJECT CONSTRUCTION
SRA will conduct a project-specific construction evaluation to assess potential impacts from
construction of the project. The analysis will be based on information provided by the City
regarding construction schedules and requirements, including workforce, construction
equipment, and grading/earth-moving amounts. SRA is proposing to estimate emissions using
the URBEMIS 2007 Model, Version 9.2.4. SRA will compare emissions with Southern California
Air Quality Management District (SCAQMD) significance thresholds and evaluate the effect of
mitigation measures, if appropriate. In addition, SRA will conduct a screening analysis of
localized impacts based on the SCAQMD Localized Significance Threshold methodology, which
provides estimates of the potential for air quality impacts due to construction and operations
based on project size and proximity of receptors.
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TASK 3.2 EVALUATE CRITERIA POLLUTANT EMISSIONS
SRA will estimate the emissions associated with the proposed project. The analysis will address
potential increases in area sources (energy use, landscaping, etc.) and vehicle emissions. In
addition, SRA will address potential emissions associated with cooking and vehicle idling in the
drive-through. Because of the size of the project, SRA assumes that no CO "hot spots" analysis will
be required. In the event that the traffic analysis indicates a degradation in Level of Service due
to project-related traffic, the analysis for the CO "hot spots" will be considered additional services.
SRA will also conduct a Localized Significance Analysis based on on-site emissions associated
with vehicle idling and McDonald's operations.
TASK 3.3 GLOBAL CLIMATE CHANGE EVALUATION
To address the requirements of the recently adopted CEQA guidelines, SRA will conduct a
greenhouse gas analysis in accordance with CEQA requirements and SCAQMD draft guidance.
The analysis will include quantification of emissions of greenhouse gases, a discussion of the
consistency of the project with the applicable Climate Action Plan(s), and a discussion of the
project's consistency with the goals of AB 32. Because of the size of the project, SRA anticipates
that the analysis will demonstrate that emissions would not result in a significant impact on
global climate.
If required, SRA assumes that McDonald's will provide information on projected energy and
water use for the project that will serve as the basis for the evaluation, along with proposed
measures to reduce greenhouse gas emissions such as energy efficiency measures and water
conservation measures.
TASK 3.4 PREPARE TECHNICAL REPORT
SRA will prepare an Air Quality Technical Report and Global Climate Change Report that
summarize the analysis conducted for Tasks 3.1 through 3.3. The reports will summarize the
results of the analyses. SRA assumes we will address one round of comments in this task.
TASK 4 TRAFFIC IMPACT STUDY
A traffic impact study will be prepared in accordance with the traffic study requirements of the
City of Santa Ana. The traffic study will address the project's traffic-related impacts on the street
system surrounding the project site. The study will also provide an evaluation of site access, on-
site circulation, and drive-through queuing. The following tasks are envisioned.
• Conduct a site visit to observe existing traffic conditions on the streets surrounding the
project site and at the study intersection.
• Obtain a copy of the project site plan for the proposed project, including building square
footages and uses, site layout, site driveways, parking supply, and any other site features
that will affect the traffic analysis.
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• Obtain peak hour turning movement traffic count data at the intersection of Grand
Avenue and McFadden Avenue for three peak periods:
- AM peak hour (7:00 to 9:00 AM)
Lunchtime peak hour (11:00 AM to 1:00 PM)
PM peak hour (4:00 to 6:00 PM)
• Obtain daily traffic volumes on the roadway segments in the immediate vicinity of the
project site:
- Grand Avenue, north and south of McFadden Avenue
- McFadden Avenue, east and west of Grand Avenue
• Develop project trip generation estimates for the proposed project the morning, midday
(lunchtime), and evening peals hours.
The trip generation data that is available in the Institute of Transportation Engineers (ITE)
Trip Generation (8th Edition) publication for a fast-food restaurant with a drive-through
contains widely varying results for daily and peak hour periods, and the R2 values are very
low. The Trip Generation document also does not provide trip generation data for the
lunchtime peak period.
For these reasons, we propose to develop trip generation rates by other means:
- Kimley-Horn will first poll our Kimley-Horn offices across the country to see if any of
our colleagues have conducted trip generation studies for McDonald's.
- We will then conduct an internet search to see if trip generation data for McDonald's
is available from other sources.
We will submit any data obtained through these efforts to City staff for review and
consideration.
If, after review of the data, it is determined that trip generation data needs to be
collected locally, we will arrange for driveway counts at two local McDonald's for the
time periods listed above. We will request input from the project applicant and city
staff to identify two appropriate McDonald's locations for data collection. For
budgeting purposes, the cost for traffic data collection is assumed in this proposal.
• The El Cortez restaurant and banquet facility is currently operating on a limited schedule.
They are not open Monday through Wednesday, are open for lunch and dinner on
Thursday, and open only for dinner Friday through Sunday. We will consult with staff to
develop an appropriate approach to account for trip generation for the existing site
operation.
• Develop trip distribution assumptions for the project traffic, based on likely origins and
destinations of employees and customers, and current traffic patterns in the area. Project
traffic will be distributed through the study intersection and on area roadway segments,
and the project traffic contribution to each intersection will be identified.
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Each of the topics identified on the environmental assessment form contained in the State CEQA
Guidelines will be evaluated to document the nature and extent of potential environmental
consequences and the need for mitigation. Many of the issue areas addressed in the Initial Study
will not have the potential for significant effects (i.e., "No Impact" or "Less than Significant
Impact") based on the type and size of the proposed project. However, the document will address
any Potential impact under the environmental issues. The specific purpose of the analysis in the
Initial Study will be to identify potential significant adverse environmental impacts and
incorporate measures to reduce or mitigate any adverse consequences.
Kimley-Horn will prepare a draft Initial Study document to include the following sections:
Introduction - This section will introduce the Initial Study, describe the purpose of the Initial
Study and determination for the preparation of the MND and will provide a brief summary of the
findings of the Initial Study.
Environmental Setting - The environmental setting will describe existing physical setting and
characteristics of the project site, as well as the setting and character of adjacent land uses and
the immediate surrounding area.
Project Description - The project description will provide a description of the proposed project.
The purpose and need for the project will be stated, along with the benefits of the proposed
project. Discretionary actions needed to implement the project would be identified.
Environmental Analysis - This section will provide an expanded discussion of the environmental
issues as presented in the Environmental Initial Study checklist. Each checklist question will be
presented along with a response. A statement will be provided to support the checklist response
to each question. References used as the basis for the analysis would also be listed after each
response.
Mandatory Findings of Significance - This section of the document will provide a discussion of
the project's impacts, as they relate to the mandatory findings of significance under CEQA.
Similar to the discussion in the Environmental Analysis section, a response will be presented for
each of the Mandatory Findings of Significance questions, as found in the Initial Study Checklist.
Any mitigation measures developed to reduce adverse impacts will also be identified, to support
the determination of an MND.
Appendix - The Environmental Initial Study checklist will be included as an appendix to the
document.
TASK 6 t-- PREPARE MITIGATION MONITORING PLAN
In compliance with AB 3180 (PRC 21081.6), which requires the monitoring of mitigation
measures and reporting their implementation to ensure compliance as part of specific project
approvals, Kimley-Horn will prepare a Mitigation Monitoring Plan (MMP) for the project.
Implementation of any mitigation measures and the required monitoring would be linked to
specific stages of project development to define when mitigation measures are to be
implemented, responsible party, and method of monitoring. We assume one round of revisions
based on the City's review of the MMP.
City of Santa Ana - 8 - Kimley-Horn and Associates, Inc.
MND for McDonald's Restaurant April 30, 2010
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TASK 7 - CIRCULATE INITIAL STUDY AND MND
Kimley-Horn will prepare the Office of Planning and Research COPR) Notice of Completion, Notice
of Availability and Notice of Intent as part of this task. Kimley-Horn will distribute the Notices and
draft Initial Study to the State Clearinghouse, responsible agencies and other interested parties to
initiate the public review period, but we assume the City would be responsible for posting and/or
noticing in the local newspaper. Kimley-Horn would post the Notice of Intent at the Orange
County Clerk's office.
TASK 8 RESPOND TO COMMENTS AND PREPARE FINAL MND
Upon completion of the 30-day public review period, Kimley-Horn will prepare written responses
to letters of comment received. Comments will be discussed with the City and an approach to the
responses will be agreed upon prior to preparation of the responses. Draft responses to
comments will be submitted for review and comment. Once finalized, Kimley-Horn will provide
copies of the responses to agencies and parties that provided written comments on the Initial
Study.
After responding to the comments and in accordance with City direction, Kimley-Horn will revise
the Initial Study and MND and prepare the final documents. The Final Initial Study/MND will
include necessary agreed-upon revisions requested by staff or resulting from the Public Review
process, all Letters of Comment and Responses, and the MMP. This task assumes that following
the adoption of the MND, Kimley-Horn would prepare and file the Notice of Determination at the
Orange County Clerk's office. This task assumes 25 hours of effort to respond. Any effort- beyond
these hours will be considered additional services.
TASK 9 MEETINGS AND PUBLIC HEARINGS
The Kimley-Horn team envisions the need for just one (1) project kick-off meeting with the
project team. In addition, if required, Kimley-Horn will attend one Planning Commission and one
City Council hearing regarding adoption of the document.
PROJECT SCHEDULE
A project schedule reflecting a six-month timeframe from notice to proceed to completion,
including the appeal period, is provided on the next page. Our team is available and ready to start
work immediately upon receipt of notice to proceed.
FEE SCHEDULE
A copy of our proposed fee, broken down by task, including the cost for the Air Quality, analysis by
our proposed sub-consultant SRA, is provided on the last page of this proposal.
City of Santa Ana -9- Kimley-Horn and Associates, Inc.
MND for McDonald's Restaurant April 30, 2010
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PREPARATION OF AN MND FOR A
MCDONALD'S DRIVE-THROUGH RESTAURANT IN THE CITY OF SANTA ANA
ESTIMATE OF COST BREAKDOWN
BY TASK
KIMLEY-HORN AND ASSOCIATES, INC.
IF TOTAL TOTAL
TASK HOURS COST
Project Coordination / Kick-off 20 $3,950
Prepare Phase 1 ESA 49 $6,340
Prepare Draft Initial Study 59 $6,860
Traffic Impact Study / Trip Generation Study 108 $14,070
On-site Circulation and Queuing Evaluation 28 $4,100
Air Quality Study (Sub-Consultant SRA) 26 $4,700
Prepare MMP 10 $1,170
Circulate IS/ MND 17 $1,780
Response to Comments / Final MND 33 $4,290
Public Hearings 16 $3,300
TOTAL HOURS 366 $50,560
Expenses
Office Expenses: duplicating, forms reproduction, plots, bluelines, $2,530.00
computer expenses, deliveries, etc.
On-site driveway and queuing data collection @ $So / hr 24 1,200.00
Intersection Counts @ $200 per intersection (3 pk periods) 1.5 300.00
Roadway Counts @ $100 per segment 4 300.00
Total Expenses 4,330.00
Sub-Total
$54,890.00
Contingency N/A $0.00
Total
$54,990.00
4130/2010, 11:25 AM
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective , this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
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