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HomeMy WebLinkAbout25A - AGMT - ENVIRONMENTAL SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: AGREEMENT FOR PLANNING AND ENVIRONMENTAL SERVICES FOR THE SANTA ANA GENERAL PLAN CIRCULATION ELEMENT UPDATE (PRO7675("- 4) 1 ? CITY Y M ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with IBI Group for planning and environmental services in an amount not to exceed $500,000 to prepare the General Plan Circulation Element update, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 1358, the 2008 California Complete Streets Act, requires that cities prepare a comprehensive update to their General Plan Circulation Element to incorporate the concepts of "Complete Street" design if it is determined that a substantial change has been, or will be, made to the Element. A Complete Street is one that supports the development of a balanced, multimodal transportation network that serves all users, whether they are driving, walking, bicycling or taking transit. The State legislature enacted this law to help fulfill the commitment to reduce greenhouse gas emissions through efficient use of urban land and transportation infrastructure. The need to update Santa Ana's Circulation Element in order to incorporate the Fixed Guideway project and its California Environmental Quality Act analysis requires that the City perform a comprehensive update to the Circulation Element, thereby triggering the Complete Streets requirement. A Request for Proposal was distributed to thirteen planning consulting firms in mid June 2011. In response to the Request for Proposals, staff received proposals from four qualified planning firms. After reviewing the proposals, Planning, Public Works and Parks, Recreation and Community Services staff conducted interviews with three consulting teams: RBF Consulting, Iteris inc., and IBI Group. At the conclusion of the interviews, together with an analysis of the proposals submitted, the staff team determined that the consulting team led by the IBI Group was the one most qualified to assist in the preparation of the General Plan Circulation Element update. The IBI Group's team of subconsultants includes Alta Planning, The Planning Center/ DC&E, and Cornerstone Communications. 25A-1 Contract for Planning and Environmental Services for General Plan Circulation Element Update AUGUST 249 2011 Page 2 Based on the need to comply with State law to update of the General Plan Circulation Element with complete streets policies in conjunction with the fixed guideway approvals, as well as the consultants' qualifications and experience in preparing General Plan and transportation strategies in mature urban settings, it is recommended that the IBI Group be awarded the contract for this project. The total contract amount for the preparation of the Circulation Element and environmental documentation will not exceed $500,000, which includes a $25,000 contingency. FISCAL IMPACT Funds in the amount of $500,000 are available in the Traffic Congestion Relief HUT 2013 fund (accounting unit 05917663-66220). The total contract amount will not exceed $500,000. APPROVED AS TO FUNDS AND ACCOUNTS: 79?" J y . Trevino E ecutive Director Planning and Building Agency Raul Godmez II Executive Director Public Works Agency MM:rb Circulation Element/RFP/CE Contract RFCA 8.15.11cc Exhibit: 1. Agreement c. w? Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011 by and between IBI Group, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of circulation element updates and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide professional services pertaining to planning and environmental services to prepare the General Plan Circulation Element update. The scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25A-3 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $500,000 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by 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 nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B 2 25A-4 upon execution of this Agreement and shall be approved in form by the City Attorney. b. Automobile Insurance. 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 Insurance. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to. indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is 25A-5 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. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 4 25A-6 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:I131 Group David Chow, PE AICP 18401 Von Karman Avenue, Suite 110 Irvine, California 92612 telefacsimile (949) 833-5511 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 patty, 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 consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 5 25A-7 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: 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, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's 6 25A-8 fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager IBI GROUP By; Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA 7 David Chow, P.E. AICP Director David Thom Managing Director 25A-9 EXHIBIT A SCOPE OF SERVICES (Attached) 25A-10 TASK 1: PROJECT MANAGEMENT AND MEETINGS Objective: To provide overall project management, coordination, and supervision of project staff and to facilitate the performance of the work in accordance with the scope and requirements of the City of Santa Ana. Key Issues: Completion of the Circulation Element update within a 16 month timeframe will require diligent and focused project management to organize the technical work, agency coordination, and community outreach efforts. We will work hand in hand with City of Santa Ana to achieve the project objectives within the desired timeframe. Approach: Our management approach for the project is centered on regular contact between the IBI project manager and the city's project manager to discuss and review the project process, deliverables, and major meetings. The primary elements of the management task are discussed in the subtasks below. TASK 1.1 GENERAL PROJECT MANAGEMENT IBI Group is the prime consultant for this assignment and will be responsible for the day-to-day management of the project, as well as review and oversight of all deliverables. Within two weeks of receiving Notice to Proceed, we will schedule a Project Kick-Off Meeting with city staff. This meeting will provide a forum for introducing the entire project team and agency contacts, reviewing project assignments, establishing lines of communication and procedures/protocol, reviewing project scope and approach, presenting and discussing project issues, reviewing schedule and discussing critical path items. We propose to then conduct monthly project management meetings with the consultant team and Santa Ana through the duration of the project. TASK 1.2 PROJECT SCHEDULE AND TRACKING The foundation of a well-run project is the schedule. IBI will oversee the project schedule on two levels: (1) management level and (2) control level. IBI will work with 25A-11 Santa Ana to develop a schedule in Microsoft Project that will serve as the primary management reporting vehicle for project progress, and the coordination between the technical work efforts, the environmental review, and the community outreach efforts. After the baseline schedule is established, the schedule will be updated on a monthly basis to assess progress. TASK 1.3 PROJECT PROGRESS REPORTING Reporting of cost and progress information must be timely, accurate, and easy to understand. IBI will prepare and submit status reports on a monthly basis. The report format will be customized for Santa Ana based upon Input at the kick-off meeting. Typical monthly reports will consist of the following: • Tasks accomplished during the work period • Status of major milestones • Percent of budget expended by task • IBI, subconsultant, and Santa Ana action items • Analysis of the critical path • Current schedule of completion dates TASK 1.4 MEETINGS WITH CITY STAFF, HEARINGS, AND COMMUNITY MEETINGS Stakeholder coordination and coordination with the advisory and policy bodies for the City of Santa Ana will be an integral part of the project, along with community acceptance of the project proposals. 1131 Group has budgeted for attendance at the following meetings: • Kick-off meeting and monthly progress meetings (%) • Complete Streets coalition and community workshops (5) • Planning Commission study sessions and hearings (4) • City Council study sessions and hearings (3) • ETAC study sessions, additional Board/Committee/Commission meetings (4) • Meetings with OCTA and Caltrans (4) 131 will be responsible for incorporating these meetings into the overall project schedule, timely distribution of agendas, and the preparation and distribution of meeting notes and action items from each meeting. 2 25A-12 TASK 2: DATA COLLECTION Key Issues: Coordination with other projects, plans and traffic studies will require information from a wide range of sources. It will also be crucial to communicate with OCTA staff to verify OCTAM inputs and ensure timely delivery of forecast model data. Approach: The following information will be gathered as part of the data collection task: • Roadway segment and intersection counts • Pedestrian and bicycle volumes • Roadway segment and intersection lane configuration • Intersection traffic control and signal phasing • Transit, Land use and demographic data • OCTAM data and forecasts • Related project information IBI Group will create an inventory of the existing configuration of up to 20 study roadway segments and 30 study intersections through a combination of field reviews, existing documents and internet research. Items of note include numbers and average widths of vehicular travel lanes, bike lanes, sidewalks, parkways, medians and center turn lanes. Existing transit data will include bus routes, bus stop locations, headways, and Metrolink and Amtrak schedules. Once local schools are back in session, new study count data (vehicular, bicycle and pedestrian volumes) will be collected during a non-holiday week in fair weather. A data request memo will be prepared to identify information that may be obtained from the City of Santa Ana, the Orange County Transportation Authority (OCTA) and other sources such as signal timing sheets, land use and demographic data, OCTAM data and forecasts. Information will also be requested on the following projects: • Santa Ana Signal Master Plan • Quiet zone locations • The Fixed Guideway Project • Grade separation projects (Santa Ana Boulevard, Grand Avenue, 97th Street 3 25A-13 and Lincoln Avenue) Widening projects (Bristol Street, Grand Avenue) Harbor Mixed Use Transit Corridor Plan TASK 3: PUBLIC OUTREACH Objective: To create and implement a comprehensive Public Outreach Program that involves the community in the process of developing a Complete Streets vision for Santa Ana through the application of creative strategies and ideas. Key Issues: The public involvement process is a critical component of the overall process to develop the Circulation Element and ensure that the goals and policies reflect the interests and desires of the community. The diversity of Santa Ana's population makes an effective and creative public outreach program both critical and challenging for this project. The IBI team will employ a variety of strategies, building on the National Complete Streets Coalition Workshop and the project website as a starting point for the outreach effort. Approach: The Public Outreach Program will begin with the establishment of the outreach baseline, including key contacts, a database of interested stakeholders and community members, and the development of an action plan for the outreach process. Coordination with the ongoing Fixed Guideway and Harbor Boulevard outreach efforts will be essential. Both projects provide the opportunity for the Circulation Element to build on complete street and multi-modal transportation concepts that will be communicated to the public through these forums. The project team's direct involvement in the Harbor Boulevard outreach process will be invaluable and provide us with a head start on the Circulation Element outreach effort. The primary elements of the menu of options for the Public Outreach Program will include the following: Community Workshops - Community workshops (up to 4) would held at strategic Intervals during the project schedule to solicit input from the community early in the project process and then receive more detailed feedback as the development of the Circulation Element, the Complete Streets vision, and the goals and policies are more advanced. 4 25A-14 • A two-day National Complete Streets Coalition Workshop - This will be a highly interactive workshop involving the full consultant project team collaborating with key stakeholders and community members. This workshop will provide hands-on exercises to allow participants to better understand and appreciate the importance of this project to the City of Santa Ana, and to balance the needs of all users and develop and implement effective policies. • Project Website and Social Media - The IBI team will help create a dynamic website and additional social media tools (i.e. blog, Twitter, Facebook) to share information and allow residents an opportunity to engage in the public planning process. • Strategic Communications - The public outreach team will provide strategic communications assistance to the planning team (both consultant and city) for duration of project. • Collateral Materials - The IBl team will be responsible for providing collateral materials for the workshops, project fact sheets, and meeting notices in English, Spanish and Vietnamese as needed, as well as translators for community workshops. Our approach to the outreach process will be to engage the greatest number of city residents as possible. This will require creativity in the workshops. Concepts we would like to discuss further with the city include conducting a workshop as a "field walk" within a particular roadway corridor in the city. This workshop would allow participants to rate elements of the streetscape and street cross section and identify the types of improvements that they would like to see. We recognize the need to move beyond the typical evening public outreach meeting within a school or community center, detached from the project location and the reality of the project setting. Our interactive process seeks to achieve this objective and engage the community to provide feedback on the right solutions for Santa Ana. TASK 4: EVALUATION OF MASTER PLAN OF STREETS AND HIGHWAYS Objective: To update the Santa Ana Master Plan of Streets and Highways (MPSH) to reflect current goals and policies, and ensure that the plan is consistent with related documents and other elements of the General Plan. 5 25A-15 Key Issues: Incorporation of Complete Streets concepts and revisions to exhibits to reflect the Fixed Guideway project, the Santa Ana Signal Master Plan, quiet zones and other pertinent projects. Approach: IBI Group will review the current Santa Ana Master Plan of Streets and Highways (MPSH), and compare it to the OCTA Master Plan of Arterial Highways (MPAH) and the California Road System (CRS) for consistency. Recommendations for refinements to the MPSH will be based on coordination with these documents, current and approved roadway, intersection and transit projects, updated goals and policies that reflect Complete Streets legislation, and the results of the traffic analysis prepared as part of this task. The Circulation Element Technical Report will include an analysis of up to 20 roadway segments and 30 intersections within the City of Santa Ana and will be conducted using methodologies consistent with City of Santa Ana General Guidelines, and CEQA Guidelines. Analysis scenarios will include the existing condition, a baseline buildout (2035) condition and up to three buildout alternatives. OCTAM will be used to forecast link traffic volumes for the buildout scenarios. The link volumes will be post-processed into intersection turning movement volumes using an Excel-based tool developed in house that utilizes the methodology presented in the TRB NCHRP Report 255. IBI has worked extensively with OCTAM on local projects including the OCTA Long Range Transportation Plan (2010 LRTP), the Central County Major Investment Study (MIS) and the South County MIS. The evaluation of the MPSH will identify possible reclassification or modification of streets, and potential refinements to the transportation system to support the buildout condition. This will include the integration of complete streets elements such as enhanced pedestrian and bicycle facilities. TASK 5: BICYCLE AND PEDESTRIAN MASTER PLAN Objective: To develop Bicycle and Pedestrian Master Plans that address the needs of walkers and cyclists of all ages, abilities, skills, and confidence levels, while providing a menu of innovative and economically feasible projects and recommendations matched to specific funding opportunities. 6 25A-16 Key Issues: The development of bicycle and pedestrian plans cannot be distilled into a "one size fits all" approach, but rather, the process is based upon our understanding of the City of Santa Ana's needs, and our experience with successfully completing other bicycle/pedestrian master plans concurrent with Circulation Element Updates. Approach: Becoming a truly pedestrian- and bicycle-friendly community requires a multi-faceted approach, including strategies beyond traditional engineering and infrastructure projects. We strongly believe that Santa Ana could greatly benefit from a well-balanced non-motorized improvement plan, and will provide strategies to address education, encouragement, enforcement, and evaluation. The development of the Bicycle and Pedestrian Master Plans will begin with a field review of the City to tour existing routes by bicycle and foot with stakeholders, including City Staff, advocacy groups, or the community. Field investigations will be documented using field notes, taking field measurements, and using digital photography. This will help evaluate the setting and land use patterns in Santa Ana, identify system opportunities and constraints, and record site-specific information such as level of use, facility condition, and key gaps or obstacles. The IBI team will prepare GIS basemaps depicting Santa Ana's existing bikeway and walkway systems. The adequacy of existing facilities will be evaluated based on the following criteria: • Safety • Connectivity • Completeness of network • Accessibility • Convenience • Ability to serve the needs of different types users The IBI team will develop specific projections on existing and future daily bicycle and pedestrian trips for use in air quality and SAFETEA-t-U funding applications, based on Alta's Bicycle and Pedestrian Demand Model methodology, which has been accepted throughout the country and is being used by FHWA. The IBI team will also evaluate bicycle and pedestrian safety in two ways: (9) reviewing representative existing bicycle education programs being offered in Santa Ana and surrounding areas, and comparing these with other programs throughout the state and country, and (2) reviewing available bicycle/pedestrian crash data. The recommended system will be based on a comprehensive review and analysis of 7 25A-17 available infrastructure data provided by City staff (e.g., traffic speeds, curb-to-curb widths, etc.), and will take into account issues such as grades, directness of route, barriers, and system connectivity. This network will include a variety of bikeways, sidewalk improvement projects, and other bicycle/pedestrian capital improvement projects (e.g., traffic calming, bicycle parking, etc.). The network will also incorporate previously proposed and planned facilities. The consultant team will develop a "Best Practices - 4 EV report identifying potential changes to improve bicycle and pedestrian education, encouragement, enforcement, evaluation, and public outreach efforts. These recommendations will be based both on results of the previous tasks that identified problem areas plus experience gained in other communities. Recommendations and priority projects will be compiled into an Implementation Plan based on the evaluation outcome combined with (a) funding availability and requirements, (b) other programmed transportation improvements, (c) eliminating an immediate bottleneck or safety hazard, and (d) ensuring that the system grows rationally rather than as a series of disconnected pieces over time. The IBI team will identify potential matching and major funding sources for these projects, and their associated criteria and requirements. Costs of the phased improvements will be compared with funding needs, so that long term programming for local matching funds can be accomplished. The Santa Ana Bicycle and Pedestrian Master Plan will include the review of existing plans and legislation, existing conditions inventory and assessment, user needs assessment, recommended walkway and bikeway network, project development and prioritization, cost opinions, and implementation plan. TASK 6: TRANSIT AND RAIL SERVICES Objective: To incorporate planned rail and transit improvements, including the f=ixed Guideway, bus rapid transit, railroad quiet zones, and grade separation projects into the Circulation Element and appropriately account for the benefits and impacts of these projects on the mobility of residents within the city. Key Issues: There are several related transit project planning and design efforts underway within Santa Ana that together would dramatically increase travel choices and 8 25A-18 mobility for residents beyond that offered by existing transit services. Our team has a keen understanding of these projects and their potential impacts and benefits on mobility within the city. We will apply this understanding in the analysis and work with the city to identify additional projects, policies, and goals that can be identified and incorporated into the Circulation Element to further promote transit services. Approach: A well-defined and well-developed transit system is an essential part of providing any community with access to the greatest range of transportation modes and choices. Within Santa Ana, the provision of transit services is even more important given the transit-dependency of a substantial portion of the city's residents and the pressures that the city faces from regional traffic generated in neighboring cities that is either destined for Santa Ana or passes through Santa Ana due to its central location within the county. The development of goals and policies related to transit services will build on the work that the city has already undertaken or completed as part of the Santa Ana Transit Vision project, the Fixed Guideway project, and the SARTC Master Plan. The objective of the planning process and policy development effort will be the definition of an integrated and coordinated menu of transit services within the city that will serve the city's residents and provide a viable transportation resource for travel throughout the city and to and from adjacent jurisdictions. TASK 7: DEVELOP GOALS AND POLICIES Objective: To communicate and document the policies and goals of the General Plan Circulation Element. Key Issues: With the previous update of the circulation element occurring more than 10 years ago, the policies and goals should receive a substantial amount of attention to ensure that they appropriately reflect the city's current goals, and incorporate the requirements and guidelines placed on the city by regional and state mandates, including Measure M2, the Complete Streets Act, and Senate Bill 375. Approach: The IBI team understands the importance of this task and its role as a point of emphasis in both the technical work and community outreach work. Our approach to the development of the Circulation Element goals and policies will 9 25A-19 be based on the following inputs and guiding principles: Reflect the Input and Values of the Community: The input and feedback received through the community outreach effort must be reflected in the policies identified for the Circulation Element. We see a benefit in "testing" specific draft policies and goals with the community through the outreach process, both in workshops/community meetings and through the project website. This process will allow the community to provide direct feedback on the policies, playing an active role in the development of the policies. Provide the City with a Roadmap for Creating a Safe and Efficient Multi- Modal Transportation Network. Address and Satisfy the Requirements of Regional and State Mandates and Programs: The City of Santa Ana must comply with the requirements of the OCTA MPAH and Measure M2 to ensure that the city remains eligible for transportation funding. The City must also appropriately address the requirements placed on all jurisdictions in Catifornia through the Complete Streets Act and SIB 375, which require planning for and accommodating all transportation modes, while reducing GHG emissions and VMT. Complicating these efforts is the fact that State mandates have very different goals and objectives from regional requirements dictated by OCTA through the MPAH and Measure M2. The goals and policies must carefully balance these sometime conflicting requirements to ensure that the City remains in compliance with all regional and state mandates. IBI's recent work with OCTA in preparing the 2010 Long Range Transportation Plan will be very valuable in this effort. • i=nsure Consistency with other General Plan Elements. We anticipate that the goals and policies with be reviewed, refined, and vetted through a defined process that will include review by city staff and review by the Planning Commission, Environmental Transportation Committee and City Council through study sessions identified in the RFP. The IBI team will lead the preparation of clear and concise presentations for these meetings and associated review efforts to facilitate an efficient review process and appropriate tracking of comments received, revisions made to the goals and policies, and final presentation of the goals and policies for adoption. 10 25A-20 TASK 8: PREPARE CEQA DOCUMENTATION Objective: To identify and prepare the environmental document in order to environmentally clear the Circulation Element update, consistent with CEQA requirements. Key Issues: Under CEQA, the proposed Circulation Element update will be eligible for processing with a Mitigated Negative Declaration (MND) if there are no significant, unavoidable impacts associated with the project. If there are significant impacts, the project will require an Environmental Impact Report (EIR). Approach: At this time, we believe the Circulation Element update will likely be eligible for processing as an MND, but there is a possibility for one or more significant impacts, and therefore an EIR could ultimately be required. We have proposed a framework to make this determination early in the process and coordinate with the City to proceed with the most appropriate, defensible documentation. For this proposal, we have provided a detailed schedule and scope of work for both an MND and an EIR for the City's planning purposes. The environmental approach is based on the following considerations: • Opportunity to provide programmatic overview of City and area-wide circulation and impacts. • Assure consistency between environmental documents. • Maximize use of available documentation. • Early public outreach to include environmental scoping. • Early Caltrans scoping opportunity. • Highlighting the beneficial environmental impacts of the Circulation Element and related activities. Although we do not anticipate significant, unavoidable impacts, it is possible that there could be significant traffic impacts, particularly with respect to potential conflicts with an .applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system" could occur if right-of-ways are narrowed, etc., to accommodate objectives to reduce vehicle trips and optimize mass transit. The MND or EIR will address all the technical topics included in the Appendix G Checklist, including: geology and soils, water quality, hazards and hazardous materials. 11 25A-21 The following technical studies will also be completed: Traffic Air Quality/GHG Noise Cultural Resources Hydrology, Water and Sewer Systems, and Utilities The air quality and greenhouse gas (GHG) emissions analysis will evaluate potential citywide emission reductions from implementation of policies and circulation improvements. The analysis will be based on an estimate of future VMT provided by the traffic analysis with and without the proposed project and compared to existing condition. Since it is anticipated that air quality and GHG emissions will benefit by the implementation of the City's updated Circulation Element, no significant long-term impacts are anticipated. The noise analysis will address changes in the ambient noise from existing conditions and at the horizon year with and without implementation of the updated Circulation Element. Increases in traffic noise levels will be modeled using the FHA Highway Prediction Noise Model. Because implementation of the project would not generate trips, no significant impacts are anticipated. This proposal assumes that tribal consultations for the General Plan update in accordance with SB 18 will be conducted by the City. All CEQA notices will be forwarded to the Native American Heritage Commission (NAHC) and The Planning Center will assist with the consultation on a time and materials basis if requested by the City. TASK 9: PREPARE UPDATED CIRCULATION ELEMENT Objective: To prepare an updated Circulation Element ready to be integrated into the General Plan, with policies, goals, and objectives that reflect the requirements of the Complete Streets Act and the ideas and projects identified in the circulation, transit, bicycle and pedestrian planning efforts completed in this project. Key Issues: The final Circulation Element must appropriately reflect the technical work efforts, planning process, community outreach efforts, and policy development 12 25A-22 that will have occurred during the project program. The document must clearly communicate the policies and goals of the city related to transportation and the content (text and visuals) must be appealing to all readers (technical and non- technical). Approach: IBI Group will prepare an administrative draft Circulation Element in accordance with the requirements of the RFP. We have accounted for up to three review cycles along with a public review period following the finalization of the administrative draft document. Once public comments have been received, we will strategize with the city on how to best address these comments, incorporate the appropriate revisions, and prepare the final version of the Circulation Element. Deliverables: • Administrative Draft Circulation Element with Technical Reports (10 copies, up to three review cycles) • Final Draft Circulation Element (10 copies, for public review) • Final Circulation Element (10 copies) • Administrative Draft Circulation Element Environmental Document (10 copies, up to three review cycles) • Final Draft Circulation Element Environmental Document (10 copies, for public review) • Final Circulation Element Environmental Document (10 copies) • Electronic files of the deliverables above (PDF and editable format) 1.3 25A-23 f u a s i i d?a ?e$ hn3 I E R 9 F i I 5 J g? R - - -- - -- - -- - g:g -- --- - - - - - - - - - - - - - - - - - - - a d ? g e - - Eg - - -- - -- - -- - --- -- - --- < ?y - r - - - Y? s_ - -- - -- - --- -- - - E- ? S oil ? 7 ^ °' R S R m Y . of a ° R" s oir a - - - - - - - - - - - - - - - l F6 ? o ? ? , a J l E ? « - v{{e m ? - a k E f OI c ? ? ? f rO R ?o ( ry Y c? .,? I Fi 1 Z ?j p f$I o-.£ • ?? dI $ 7 fi ? ? I 3Ei ? ?? j i 1 i zC ° u ?t j a $?si i a ^ a l Y ? s u? k`8 a z? ??gs » RR? RRg 6 ^R Cft? eR ??Rq s Y? A oRm M gw? $ S`Son°gSR $ i?O# ° a X? o 0 GG °e 25A-24 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy 4 _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 25A-25 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011 by and between THE PLANNING CENTER, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of park analysis and professional environmental reports and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide professional environmental services, including the preparation of a Recreation Value Report that will assess the Orange-McFadden Park site, research program needs, options and opportunities for the site, prepare alternative concept plans and cost estimates to determine recreational opportunities, and prepare environmental documents for the site. The scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25A-26 COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $101,640.00 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by 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 nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultanf shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed 2 25A-27 additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willfiil 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) from any 3 25A-28 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 4 25A-29 telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant:The Planning Center Dwayne Mears, AICP Principal 1580 Metro Drive Costa Mesa, CA 92626 telephone (714) 966-9220 telefacsimile (714) 966-9221 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 patty, 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 consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 25A-30 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 shalt 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. 6 25A-31 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager THE PLANNING CENTER By: Ryan O. Hodge Assistant City Attorney DWAYNE MEARS Principal RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA 7 25A-32 EHIBIT A SCOPE OF SERVICES (Attached) 25A-33 Understanding of the Project The City of Santa Ana leased approximately 2.6 acres within Centennial Park to the Rancho Santiago Community College District (RSCCD) for the purpose of building and operating a Career Education Center consistent with the park deed restrictions. The original 30-year agreement expired, and because RSCCD did not fully satisfy its duties under the agreement, the National Park Service agreed to extend the agreement for only five years. NPS has indicated that RSCCD must either move from Centennial Park or provide replacement parkland of equal recreational value. The City Is seeking the assistance of a consulting firm to prepare a recreational value report, a soils analysis for the replacement park site, and an environmental assessment. The City is separately contracting with others to perform an appraisal of the replacement property and a legal description/title search. Scope of Services RECREATION VALUE REPORT In this task, The Planning Center ( DC&E will prepare a Recreation Value Report that will assess the McFadden and Orange Site (park site), research program needs, options and opportunities for the site compared the Centennial Park site, and prepare alternative concept plans and cost estimates to determine recreational opportunities. Site Visit The Planning Center DC&E will initiate the recreation analysis with a joint meeting at the proposed park site and Centennial Park site including City and Community College District staff (City/District staff). The goal of the site visit will be to ensure design issues and constraints are understood prior to preparing alternative concepts. The Planning Center DC& team will be able to discuss possible program elements and approaches with City/District staff while on-site. City staff will provide information on the development of the proposed park site, referred to as Pacific Electric Park on the City's website, including any public participation and design discussions. Preliminary Consultation with National Park Service The Planning Center J DC&E will have a preliminary conversation with the National Park Service (NPS) to discuss the project and confirm assessment needs for their review. Should additional analysis or documentation be needed beyond what has been scoped, The Planning Center ( DC&E will discuss these changes with City/District Staff. Base Map The Planning Center DC&E will prepare a site base map for the proposed site and Centennial Park using aerial photos and available record drawings for the sites and surrounding existing infrastructure and perform a site investigation to determine the existing conditions including drainage patterns, the location of existing utilities, and other site elements. The AutoCAD compatible base maps of the sites will be used for preliminary site analysis and development of alternative concepts. Site Analysis Memorandum The Planning Center { DC&E will prepare a site analysis memorandurn to docurnent opportunities and constraints at both the proposed park site and at Centennial Park. Using existing documents provided by staff, including Infrastructure and utility data, and data gathered from the site visit as a starting point, The Planning THE PLANNING CEMERIDC&E I PROPOSAL: RECREATIONAL ANALYSIS.,POTENTIAL NEGATIVE DECLARATION FOR MCFADDENIORANGE PARK SITE 7 25A-34 Center ( DC&E will identify issues relative to both sites including safety, utility points of connection, drainage patterns and infrastructure. The merorandum will include a diagram that will Identify circulation patterns, adjacent properties, existing vegetation, views to and from the site, and locations for potential buildings. The memorandum will be submitted to City/District staff for review and comment. Program Analysis The Planning Center ) DC&E will utilize the City of Santa Ana General Plan and the Youth & Family Master Plan Assessment Phase I as base documents to assess the recreational needs In the community. The team will gather and review the most current population data from US Census, SCAG, the City Planning Department, and State Finance Department to identify changing demographic trends that will impact local park and recreation planning. Additionally, the team will research recreation patterns and trend information through resources such as American Demographics, Institute of the Future, CPRS, NRPA, the State of California Park and Recreation Department Needs Survey (2008), the CPRS Action Plan, Outdoor Industry Association Surveys, California Arts Council and others to identify changing recreation patterns that are pertinent to program development for the park site. City staff will provide survey results from the 2010 OCCCO Park Planning Committee Future Pacific Electric Park Site Survey along with other data and information associated to date with the planning for the Pacific Electric Park Site. Alternative Concepts The Planning Center DC&E will produce up to three alternative concepts for Centennial Park based on the site analysis, program research and discussions with City/District staff. The Planning Center ( DC&E will produce up to two alternative concepts for the proposed site based on the site analysis, program research and discussions with City/District staff, the conceptual plan for Pacific Electric Park will be the third alternative. The alternatives will identify which program elements determined in an earlier task can be accommodated at the park site. Preliminarily, it is anticipated that these alternatives may include, but not be limited to: • Paths and neighborhood connections • Benches and seating • Restroom • Shaded or covered areas • Picnic and barbeque sites • Tot and school-aged play areas • Informal turf areas • Fencing • Amphitheater • Interpretive signage • Exercise stations • Plantings • Shade structures • Play fields, space permitting -baseball, softball, soccer, multi-use • Basketball, tennis, bocce, horseshoes or other play courts • Water play areas • Community gardens PLANNING IS THINKING AND DOING S01MET RING ABOUT THE FUTURE NOAV. LET'S COLLABORATE. 25A-35 Preliminary cost estimates will be developed for each concept in order to assist in evaluating the park sites. The Planning Center I DC&E will present the alternatives and discuss the site and program analysis at a joint meeting of City Staff to clarify direction In moving forward with the Draft Report. Draft Report The Planning Center I DC&E will prepare a draft Recreation Value Report, incorporating the research, site opportunities and constraints, alterative concepts and cost estimates. The report will include a comparative analysis of recreational needs within the Centennial Park and McFadden/Orange communities and the potential for accommodating those needs at each site. City Staff Review The draft Recreational Value Report will be submitted to City/District Staff for review and comment. The City and District will provide a consolidated list of review comments to The Planning Center I DC&E to incorporate into the final Report. Any conflicting comments between the City's and District's consolidated comments will be brought to both parties attention for resolution prior to creation of the Final Report. Final Report Based on City/District staff comments, The Planning Center I DC&E will create the final Recreation Value Report, incorporating staff comments for the City and District to provide to NPS for review and assessment of equal recreational value. Optional Task: Community Meeting There has already been public participation in the development of the proposed park site, referred to as Pacific Electric Park, including a survey, conceptual plans and preliminary phased improvements. Depending on City staff review comments to the Alternative Concepts and NPS review, additional public meetings may be necessary to discuss the changes with the community. The Planning Center I DC&E can facilitate these meetings and is available to discuss additional scope and budget should this be necessary. ENVIRONMENTAL REVIEW CEQA The McFadden-Orange site Is vacant and zoned for residential use. The proposed park would trigger the need for a General Plan Amendment and rezoning. Based on our understanding of the project and our experience with similar projects, we believe that the project will not require a full EIR, but can be cleared through a (Mitigated) Negative Declaration. We will prepare the various studies in an objective manner and work with City staff and consultant team whenever project changes or mitigation measures are necessary to reduce Impacts to a less than significant level. If any Impacts remain significant despite best efforts at finding solutions, an EIR would be required, resulting in a change to this scope. NEPA We believe NPS approval will trigger the need to prepare an Environmental Assessment under the requirements of NEPA. The EA will be based largely on the results of the MND, but will include additional NEPA sections and will follow the checklist from the Environmental Screening Form in Appendix 1 of the National Park Service Director's Order (DO) 12 Handbook, Handbook for Environmental Impact Analysis. (!Vote: The Planning Centerl DC&E prepared the Centennial Park/Godlnezloint Use Project EA for the NPS). THE PLANNING CENTERIDC&E I PROPOSAL: RECREATIONAL ANAL YSIS;POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN/ORANGE PARK SITE 9 25A-36 Initial Study/MND The Planning CenterIDC&E will prepare an Initial Study containing a description of the project and environmental setting, identification of responsible and trustee agencies, a checklist of impacts, a review of each topic, and appropriate mitigation measures. Mitigated Negative Declaration The Initial Study will be attached to the Mitigated Negative Declaration (MND). As required in CEQA Guidelines Section 15071, the MND will contain a brief description of the project, the applicant's name, the location of the project site, the proposed finding of no significant impacts, and a list of mitigation measures. Notice of Intent to Adopt. The Planning CenterIDC&E will prepare a Notice of Intent to Adopt the MND. Document Printing and Circulation. The firm will print copies and be responsible for distributing the MND. The creation of a mailing list of adjacent residents and property owners Is not included in this scope, but can be added If requested. (Such a mailing is not required by CEQA.) Document Revisions, Following the close of the public review period, responses will be prepared and, if appropriate, the MND may be revised. For budgeting purposes, a maximum number of hours Is assumed for preparation of responses to comments. Additional effort would require a modification of this scope and fee. Mitigation Monitoring Program. A Mitigation Monitoring Program will be prepared for the MND. ENVIRONMENTAL ANALYSIS Aesthetics Although precise park/recreation improvements are unknown at this time, it can be assumed that the site might include turf, landscaping, playfields, backstops/goals, picnic tables, shade structures, restroom building, community building and similar features. Based on the conclusions of the recreational analysis, the anticipated improvements will be evaluated for their visual impact on nearby residences and along the adjacent roadway. Given the McFadden/Orange site's relative small size and location adjacent to a residential neighborhood, It is assumed that park improvement would not include lighting for nighttime use. Traffic and Parking An analysis will be conducted to determine the impacts of potential park improvements on traffic and parking conditions in the vicinity of the project site. The streets providing access to the site will be inventoried with regard to such physical characteristics as number of lanes, types of traffic control devices, sidewalk locations, and driveway locations. Traffic conditions will then be evaluated based on existing and projected future peak hour traffic volumes and Intersection levels of service. Traffic volume data will be collected from the City of Santa Ana, if available. Where needed, new traffic counts will be taken at the streets and intersections in the project vicinity to update and supplement the available data. Up to eight intersections in the project area will be studied. Staff at the City of Santa Ana will be consulted to Identify the intersections that will be evaluated. The future baseline traffic volumes will be forecast by considering the effects of general area-wide growth and the cumulative volumes of traffic that would be generated by other proposed development projects in the area. The impacts of the proposed project will be determined by estimating the levels of traffic resulting from the activities at the park and then conducting a before-and-after analysis of traffic conditions on the streets and intersections In the site vicinity (i.e., traffic conditions with and without the proposed project). The volume of traffic that would be generated by the park will be based on the trip generation rates from the Institute of Transportation Engineers' Trip Generation manual. The traffic analysis will address the project's impacts during 10 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 25A-37 the afternoon peak period on a typical weekday and on a weekend day. The analysis will also address the anticipated parking impacts of the proposed project. Potential measures for mitigating the adverse traffic and parking impacts (if any) will be identified in consultation with the City of Santa Ana. The analysis methodology, assumptions, and findings will be summarized in report sections suitable for insertion into the environmental document. Air Quality Potential air quality Impacts associated with construction and operation of the project will be analyzed in the FIR. The analysis will be based on the South Coast Air Quality Management District's (SCAQMD) methodology for projects in the South Coast Air Basin (SoCAB). Air pollutant emissions will be quantified using the CaIEEMod computer model for both the construction and operational phases. Construction modeling will be based on construction phasing, the construction schedule, and anticipated equipment for each type of construction activity. Air pollutant emissions will be compared to SCAQMD's regional thresholds of significance to determine the significance of project-related construction emissions due to the expansion of the stadium and reconfiguration of the athletic field. Onsite localized project-related emissions associated with vehicle exhaust and dust generated during the construction phase will also be evaluated against SCAQMD's screening-level localized significance thresholds (LSTs) for projects under five acres to determine whether sensitive residential uses along local roadways would be exposed to air pollution that exceeds the ambient air quality standards (AAQS). Project-related emissions will also be evaluated relative to consistency with the air quality management plan. Greenhouse Gas Emissions The FIR will quantify greenhouse gas (GHG) emissions for area sources, energy (purchased energy, energy from water transport, use, and treatment), waste disposal, and transportation emissions sources generated by the project. The potential effects of GHG emissions, history of GHG emissions regulation In California, and project- related GHG emissions will be discussed. Project consistency with the CARB Scoping Plan's statewide GHG emissions reduction strategies will also be reviewed. Noise and Vibration The environmental document will evaluate potential impacts resulting from the construction and operation of the park improvements as suggested in recreational analysis. The noise analyses will be consistent with the noise compatibility standards of the City of Santa Ana. The short-term construction analyses will focus on potential noise and vibration impacts on sensitive land uses such as the onsite school classrooms and local residential uses. Based on the anticipated construction schedule and equipment list, construction-related noise and vibration levels will be calculated for the project using published data from the US Environmental Protection Agency and Federal Transit Administration. The noise analyses will evaluate the potential for project-related traffic and stationary sources to substantially elevate the ambient noise environment. Hazards and Hazardous Materials/Phase I Environmental Assessment The Phase I will be conducted in accordance with the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments, ASTM E 1527-05 (ASTM 1527-05). The goal of an ASTM Phase I is to 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 1527-05 as "the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water at the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk THE PLANNING CENTERIDC&E I PROPOSAL: RECREATIONAL ANALYSIS/POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN/ORANGE P,%K SITE 11 25A-38 of harm to public health or the environment and that generally would not be the subject of an enforcement action If brought to the attention of appropriate governmental agencies." The Phase I scope of work described below has been developed to be consistent with the ASTM E 1527-5 Standard, based on our current understanding of the site. The Phase I consists of three primary tasks that include both ASTM-required and discretionary activities: Records Review; Site Reconnaissance and Interviews; and Report Preparation. The scope of work specific to this project is described below. Records Review The Planning CenterlDC&E 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-CORRACfS 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, The Planning Center]DC&E may review the federal or state files pertaining to the listed sites, as reasonably ascertainable and practically reviewable. The budget presented below does not include costs for review of files by more than one agency. 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 The Planning CenterJDC&E 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 The Planning CenterlDC&E 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. The Planning CenterlDC&E 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. We understand that you will make all areas of the site accessible to our representative(s) for the site visit. 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 limiting our site reconnaissance, if applicable. If knowledgeable persons are identified and can be interviewed, interviews will be conducted. The ASTM Standard requires that interviews be performed with a "Key Site Manager" and with representatives of building occupants. In accordance with ASTM, a reasonable attempt will be made to interview a representative of each occupant If the building has five or fewer occupants. If the building contains more than five occupants, a reasonable attempt will be made to interview those major occupants, as defined by ASTM, and those occupants whose operations could indicate RECs in connection with the property. We request that the current owner(s) or representative(s) be notified of our visit and asked to participate in an interview regarding site usage and history. 12 PLANNING IS THINKING AND GOING SOMETHING ABOUT THE FUTURE NOVI. LET'S COLLABORATE 25A-39 Further, 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. Data Evaluation and Report Preparation The Planning CenterlDC&E 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. Based on Information gathered during Tasks 1 and 2, the report will answer the areas of concern related to: 1) hazardous waste, storage, disposal, or release; 2) pipelines on the properties; 3) geology and hydrogeology beneath the properties and regionally; and 4) air quality and hazardous air emissions from properties within one- quarter mile radius of the subject properties. The report will summarize the findings of the investigations and present recommendations for any additional activities, if warranted. 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. User-Provided Information The ASTM Standard requires disclosure in the Phase I report as to whether the user of the report has specialized knowledge about previous ownership or uses of the property that may be material to identifying RECs, or whether the user has determined that the property's Title contains environmental liens or other information related to environmental condition of the property, including engineering and institutional controls and Activity and Use Limitations, as defined by ASTM. In addition, we are required by the ASTM Standard to inquire whether the user of the report has prior knowledge that the price of the property has been reduced for environmental related reasons. We request that you provide this information to us for inclusion in our report. 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 1527-05 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 50-year chain-of-title will not be provided under this scope of work. It is, however, recommended that the District independently obtain title records to confirm the absence or presence of any environmental liens against the properties. THE PLANNING CENLERiDC&E I PROPOSAL RECRE47IO lAL ANAL VSIS;'AOTENTIAL NEGATIVE DECLARATION FOR A11CFADDEN1ORANGE PARK SITE 13 25A-40 Solis Analysis The Planning CenterlDC&E will also review the site soil for agricultural (planting) suitability and geotechnical concerns. Samples of onsite soils will be obtained and sent to a soils testing laboratory for an analysis of pH, texture, salinity, micro and macro nutrients. In addition, (the geotechnical consultant) will review the soils report and NRCS data to determine general foundation and structural concerns and cost Impacts for park development. PUBLIC DISTRIBUTION AND N01 FILING Our cost estimate assumes one Iteration of revisions and no substantive changes to the project description. Once the Initial Study Is approved by the City for reproduction, a Notice of Intent (NOI) to adopt the MND will be prepared using the City's standard form, if available. After City approval of the Initial Study/MND and N01, The Planning CenterlDC&E will copy and distribute the N01 for the required 30-day public review to the public, responsible agencies, and other special interest groups or individuals identified by the City. The Planning CenterlDC&E will also prepare a newspaper notice for the City to publish in a newspaper of general circulation in the area affected by the proposed project. FINAL MND/RESPONSES TO COMMENTS Although not required by CEQA, it Is The Planning CenterlDC&E's standard practice and recommendation to respond to all environmental comments on the MIND. Responses will focus on comments that address the adequacy of the MND. Comments that do not address MND adequacy will be noted as such and no further response will be provided, unless deemed necessary by the City. If an unexpectedly large volume of comments is received or if certain comments result in the need for substantial response or new research or analysis, the initial budget may not be sufficient. MITIGATION AND MONITORING PROGRAM A Mitigation Monitoring Program (MMP) will be prepared (If necessary) pursuant to Section 21081.6 of the Public Resources Code. NOTICE OF DETERMINATION The NOD will be prepared by The Planning CenterlDC&E. We have assumed that the City will provide the Fish and Game fee by separate check or that the project will be exempt from this fee. GENERAL TIME SCHEDULE AND FEES Table 1 provides our fee proposal to prepare the Recreational Analysis and environmental documentation and the following diagram shows our proposed schedule. Table 1 RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW TASK COST LABOR COSTS Recreation Value Report Site VisiWck-off Meeting $2,720 Preliminary Consultation with NPS 340 Base Map 1,18() 14 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 25A-41 Table 1 RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW TASK COST Site Analysis Memorandum 2,270 Program Analysis 3,040 Alternative Concepts 6,600 Draft Report 2,270 City Staff Review 170 Final Report 1,380 Subtotal - Recreation Value Report $19,970 CEQAINEPA Documents CEQA - MND/Initial Study Preparation $3,500 NEPA -- EA Preparation 5,500 Aesthetics/Light and Glare 3,900 Air Quality 3,800 Biological Resources 300 Cultural Resources (technical study below) 200 Geology and Soils 3,400 Greenhouse Gas Emissions 1,900 Hazards and Hazardous Materials 1,000 Phase I ESA 3,800 Hydrology & Water Quality 2,200 Land Use & Planning 800 Noise 4,300 Pubiic Services 2,800 Traffic/Parking (technical study below) 900 Utilities & Service Systems 2,800 Public Notices: Preparation, Distribution of N01, NOD/Agency Mailing List 600 Response to Comments (maximum of 10 hours) 1,500 Mitigation Monitoring Program 500 Graphics 2,200 Word Processing/Editing 1,600 District Review/internal Revisions 1,500 Project Management 2,100 Progress Review Meetings 3,300 Public Meeting (1) 1,500 Subtotal - CEQA(NEPA $55,900 REIM8URSABLE EXPENSES (includes 8% markup) Document Reproduction: Screencheck MND/1S (3 copies) $180 Draft MND (30 copies) 1,800 THE MANNING CENTERIDC&E I PROPOSAL: RECREATIONAL ANALYSIS,,POTENTIAL NEGATIVE DECLARATION FOR A. 4CFADDEN(ORANGE PARK SITE 15 25A-42 Table 1 RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW TASK COST Draft MND Executive Summary for SCH (15 copies and 15 CDs 9$30) 400 Responses to Comments (10 copies) 200 MMP (10 copies @$2/copy) 20 Screencheck EA (3 copies) 180 Draft EA (20 copies) 1,200 Phase I ESA Reimbursables 750 Postage/Deliveries 400 County of Orange Filing Fee (no charge to public agencies) -0- Dept. of Fish and Game Fee (assumes City provides check) n.a. Mileage /TraveVMisc. 1,200 Subtotal - Reimbursables $6,330 SUBCONSULTANTS Garland Associates (traffic and parking) $5,200 McKenna (Cultural Resources) 3,500 Soils Analysis 1,500 Subtotal - Subconsultants $10,200 TOTAL $92,400 upaonai 7uu-rt propeny owners mawng usi: b4?u. SCHEDULE THE PUINNING LENTERIDUE 1addeol0range Park- Schedule iii 3 C?.xe -'fie . - Maur lr .Wore 16 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. I-ET`S COLLABORATE. 25A-43 STATEMENT OF CONCERNS OR SUGGESTIONS Because no master plan is available for Centennial Park, we plan to work closely with City staff to determine the likely uses for that area based on community needs. If the replacement site is found of lesser recreational value, the NPS may require additional land be located for compensation. One concern Is that such a finding would require additional time and scope to find suitable land and conduct supplemental analysis. THE PLANNING CENTERIDC&E I PROPOSAL: RECREATIONAL ANALYSIS..-POTENTIAL NEGATIVE DECLARATION FOR MCFADDENIORANGE PARK SITE 17 25A-44 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 Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 25A-45 25A-46