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HomeMy WebLinkAbout25C - AGMT - ENVIRONMENTAL SERVICES 301 E JEANETTEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 4, 2013 TITLE: AGREEMENT FOR ENVIRONMENTAL SERVICES FOR THE 301 DEVELOPMENT PROJECT LOCATED AT 301 EAST JEANETTE LANE (PRO ECT 2013-04) I Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" 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 RBF Consulting, A Baker Company (RBF) for environmental services in an amount not to exceed $80,793 to prepare the environmental documents for a multi-family private development project located at 301 East Jeanette Lane, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In January 2013, the Planning Division received a submittal by Ryan Ogulnick, Vineyards Development Corporation, to develop the approximately 2 acre undeveloped parcel of land located at 301 East Jeanette Lane, referred to as The 301. The proposed project is a request to construct 173 multiple family residential units with two levels of parking and four levels of residential units above parking. After reviewing the project description, it was determined that a mitigated negative declaration (MND) will be necessary to meet the requirements of the California Environmental Quality Act (CEQA). A Request for Proposal (RFP) for consultant services was authorized by the City Council on February 4, 2013. The RFP was prepared, posted on the City's website and sent to several different environmental firms. Proposals were received from six environmental firms. After reviewing the proposals, the firm RBF was found to be qualified, and was selected based on the firm's experienced staff, knowledge of CEQA, proposal thoroughness and ability to complete the work in a timely manner. At this time, staff recommends that RBF be awarded the contract to prepare the MND for the project. The consultant has identified a cost of $80,793 for the Environmental Impact Report and associated technical studies to be prepared (Exhibit 1). Funding for the work on the MND would be provided entirely by applicant. 25C-1 Contract for Environmental Services for The 301 Development Project March 4, 2013 Page 2 FISCAL IMPACT This agreement will not impact any City/Agency funds. Funds in the amount of $80,793 will be deposited by applicant into the Planning and Building Agency account for contractual services (No. 09801001-24035) prior to the consultant commencing any work. APPROVED AS TO FUNDS AND ACCOUNTS: ?- J". Trevino Executive Director Planning and Building Agency SK:rb sk:reports\RFP Selection The 301 RFCA 3.4.13 Exhibit: 1. Agreement Francisco Gutierrez Gee Executive Director Finance & Management Services Agency 25C-2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2013,-by and between RBF CONSULTING, 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 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 an Environmental Impact Report regarding the 301 East Jeanette Lane Residential Project. The scope of services and budget 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. EXHIBIT 1 25C-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 suiri to be expended under this Agreement shall not exceed $80,793.00 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 both parties, including the City Manager and the City Attorney for the City. 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 perfonmance 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 25C-4 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. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 3 25C-5 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. 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 25C-6 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:RBF Consulting Glenn LaJoie, AICP Vice President 14725 Alton Parkway Irvine, CA 92618 telephone (949) 472-3505 telefacsimile (949) 472-8373 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written 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 25C-7 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 25C-8 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: SONIA R. CARVALHO City Attorney By: Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA 7 CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager RBF CONSULTING GLENN LAJOIE, AICP Vice President 25C-9 25C-10 EHIBIT A SCOPE OF SERVICES (Attached) 25C-11 tif? d"?' lei City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Residential Project Mitigated Negative Declaration 1. INTRODUCTION-AND UNDERSTANDING OF THE-PROJECT 1.1 INTRODUCTION RBF Consulting has submitted this Updated Proposal to prepare an Environmental Impact Report(EIR)to assess potential impacts and identify mitigation measures for the 301 East Jeanette Lane Residential Project in the City of Santa Ana. The environmental review and associated work products will be prepared in accordance with the criteria, standards and provisions of the California Environmental QualityAct (CEQA) (California Public Resources Code Section 21000 et seq.), California CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the City of Santa Ana Environmental Guidelines, and the regulations requirements and procedures of any other responsible Public Agency with jurisdiction bylaw. RBF will, throughout the document, and where appropriate, relate the proposed Project to the general trends in Santa Ana and the surrounding area. 1.2 UNDERSTANDING OF THE PROJECT The City of Santa Ana is seeking a consultant to prepare a Mitigated Negative Declaration forthe 301 East Jeanette Lane Residential Project. It is our understanding that the applicant is proposing the construction of a 173-unit multi-family residential project, The proposal involves a vacant site situated immediately north of Jeanette Lane and west of Lawson Way. The City is requesting preparation and processing of CEQA documentation, as well as preparation of required technical studies, on-call consulting on an as needed basis and attendance at public hearings, The work program, as detailed in Section II, Scope of Work, considers the preparation of an Initial Study as the supporting analysis for a Mitigated Negative Declaration. The project kick-off will confirm the project description, references, scheduling, and site visit. The Initial Study will be prepared in accordance with the CEQA Guidelines Sections 15063, 15070 to 15075, 15102, 15105, and 15107. Each topical area will be analyzed, mitigation incorporated, as necessary, and significance of impacts will be concluded. The scale of the project, as well as its geographical location will require careful consideration of the analysis and conclusions of the environmental review, On-site conditions and compatibility of the project with the surrounding community will be analyzed. RBF will serve as an extension of staff to assure that the entire CEQA process is conducted in a comprehensive manner, which will include consideration of recent CEQA legislation and requirements of reviewing agencies. The RBF project management team led by Mr. Glenn Lajoie, A1CP, and Mr. Alan Ashimine will provide regular and consistent communications and updates to staff on the progression of the work program and status of the analysis. The RBF Team will be viewed as an integral component in the project review and will participate in meetings with staff and public hearings, as required by the City, The RBF Team will assist decision makers and the public in understanding the analysis, conclusions of the environmental review and guide the entire CEQA review process. RBF has served in this role with a countless number of agencies and with a wide range of projects of great interest to communities. JN 132203 • 1 • February 25, 2013 25C-12 City of Santa Ana _ Updated Proposal for the 301 East Jeanette Lane 4auCUU011 Jr," Residential Project Mitigated Negative Declaration 11. SCOPE OF WORK The following Scope of Work has been prepared pursuant to the information received from the City. The cost estimate, which is Itemized according to task and issue, is included in Section IX of this proposal. 1.0 PROJECT KICK-OFF AND PROJECT CHARACTERISTICS The work program will be initiated with a kick-off meeting with City representatives to discuss the project features in greater detail. This initial meeting is vital to the success of the CEQA process and will be a key milestone in order to confirm the parameters of the analysis, project construction program, buildout conditions, scheduling, and overall communications. Prior to the kick-off, RBF will distribute a meeting agenda and detailed memorandum, which will identify information needs. Based upon the detailed project information obtained at the project kick-off, RBF will draft a preliminary project description (Task 3.2) for review and approval by City Staff. 2.0 RESEARCH AND INVESTIGATION RBF will evaluate the necessary Information with respect to the 301 East Jeanette Lane Residential Project. Project research will include coordination with the City to acquire relevant environmental data, technical studies, exhibits, maps, and reference documents. The investigation will include a site visit to review existing land uses and environmental conditions, as well as a photographic inventory of on-site and surrounding uses. 3.0 CEQA INITIAL STUDY/ASSESSMENT RBF will prepare an Initial Study in accordance with the CEQA Guidelines. The Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070, This section will denote the appropriate CEQA action based upon the Environmental Checklist/Environmental Analysis. The Initial Study reportwill be presented as follows: 3.1 INTRODUCTION The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Santa Ana CEQA Implementation procedures for which the proposed project is subject. This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the Initial Study/Mitigated Negative Declaration format, listing of responsible and trustee agencies and documentation incorporated by reference. 3.2 PROJECT DESCRIPTION The Project Description section will detail the project location, background, and history of the project, discretionary actions, characteristics (addressed in Task 1.1), goals and objectives, construction program, phasing, agreements, and required permits and approvals that are required based on available information. This section will include a summary of the project's local environmental setting for the project, Exhibits depicting the regional and site vicinity will be included in this section. 3.3 INITIAL STUDY CHECKLIST This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four column layout, identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no impacts. JN 132203 e 2 e February 25, 2013 25C-13 la ?duCation Tyt City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Residential Project Mitigated Negative Declaration 3.4 ENVIRONMENTAL ANALYSIS RBF will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised by City Staff, agencies and the community, and any other relevant and valid informative sources) will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. These analyses will be performed by qualified Environmental Analysts, CEQA experts, and Planners at RBF. The Environmental Analysis section will thoroughly discuss the existing conditionsfor each environmental issue area, and identify short-term construction and long-term operational impacts associated with the project. The impact analysis will be in a consistent order of environmental factors, as presented in Appendix G of the CEQA Guidelines (Aesthetics, Agricultural and Forest Resources, Air Quality, etc.). The thresholds for significance shall be identified for every environmental issue. A brief discussion will be provided for all environmental issues determined to be No Impactor Less Than Significant Impact, explaining why these determinations were made and that no further analysis is warranted. The Impact Subsection will provide a detailed analysis of each issue, in the same order as these Issues are provided in the Initial Study. The Environmental Analysis sections will provide vital supporting information forthe conclusions rendered forthe Environmental Checklist, This section will review the following issues: A. AESTHETICSILIGHT AND GLARE The analysis will thoroughly discuss the existing aesthetic environment and visual resources, including a discussion of views from areas. Visual impacts from construction activities, as well as long-term effects (view blockage, light/gIare, etc.) will be discussed and evaluated. This section will characterize the existing aesthetic environment and visual resources for the site, including a discussion of views within the site and views from surrounding areas. Color site photographs will be provided to illustrate onsite and surrounding views, Short-term construction impacts will be studied, Potential impacts to sensitive uses as a result of staging areas and visible earthwork activities will be addressed. Also, construction related haul trucks and activities will be analyzed, if necessary. The analysis will consider the potential for the modification of the surrounding character/quality. The compatibility of the proposed land uses, building heights and possible building materials, as compared to the surrounding area, will be studied. RBF will incorporate and address architectural design for the proposed development. Potential visual impacts from surrounding uses will be reviewed. RBF will address the potential for significant impacts to be generated by the introduction of light and glare associated with the development of the project. This analysis will include a light and glare impact discussion on neighboring sensitive uses, from building, landscape, and parking lot lighting, etc. RBF will also recommend mitigation measures, if necessary, to reduce potential light and glare impacts to the maximum extent possible. B. AGRICULTURAL AND FOREST RESOURCES The project area is not designated for agricultural production or forest resources, thus, the Initial Study will confirm that there is no effect on Agricultural and Forest Resources. C. AIR QUALITY The air quality analysis will be conducted by RBF's in-house technical team, RBF's air quality specialists have an extensive background in preparing, modeling, and conducting analyses pursuant to air quality district requirements and the CEQA Guidelines, The scope of work is as follows: JN 132203 •3• February 25, 2013 25C-14 01uc:adoii 1st City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Residential Project Mitigated Negative Declaration Existing Conditions. The project is located.within the South. Coast Air Basin (SCAB), which is under theJurisdiction of the South Coast Air Quality Management District(SCAQMD). Baseline meteorological and air quality data developed through the California Air Resources Board (CARB) will be utilized for the description of existing ambient air quality. Airquality data from the nearest air quality monitoring station will be included to help highlight existing airquality local to the project area, Construction-ReiatedEmissions. Based on data provided by the project applicant, emissions generated during demolition, earthwork, and construction will be quantified. A general description of the major phases of construction and their timing will be required. The air pollutant emissions during construction will be compared to the SCAQMD Regional Thresholds of Significance. RBF will also qualitatively discuss naturally occurring asbestos impacts. Lonp-Term Emissions. RBF will quantify operational emissions and provide a comparison to the SCAQMD significance thresholds. The emissions will be quantitatively derived utilizing the CaIEEMod model. Primary sources of emissions will be related to area sources and Iocal/regional vehicle miles traveled, Project consistency with the SCAQMD's 2007 Air Qualify Management Plan will also be provided. Localized Emissions. The project is located within the SCAQMD's Source Receptor Area 17 (Central Orange County). Based on localized meteorological data for SRA 17, RBF will analyze localized impacts based upon the SCAQMD's Localized Significance Thresholds (LST) methodology, This localized analysis will account for sensitive receptors in the project vicinity. The results of the construction-related and long-term operational air quality modeling will be incorporated into the Initial Study. Mitigation measures will be incorporated to reduce impacts on a local and regional basis (if applicable). D. BIOLOGICAL RESOURCES Given the developed nature of the project area and disturbed nature of the project site, no sensitive biological species or habitat is expected to occur on-site. On-site conditions will be confirmed. E. CULTURAL RESOURCES The analysis will cite the provisions of CEQA Guidelines 15064.5 (Historical and Archaeological Resources). The analysis will include site-specific historical research at the California State University, Fullerton Information Center. This analysis will also include a search of Native American Heritage Commission files. F. GEOLOGY AND SOILS Based upon reference support information to be provided by the City andlor applicant, the analysis will identify existing regional and site specific geologic and soils constraints, The project will be evaluated for its potential to expose people or structures to potential substantial adverse effects involving fault rupture, strong seismic ground shaking, seismic-related ground failure (i.e., liquefaction), and landslides. Project areas potentially subject to significant grading impacts, existing topography and landform modifications, and wind/water erosion potential of the soils will be evaluated, Unstable geolog is units/soils will also be evaluated. This section will also identify recommended mitigation to avoid or reduce potential impacts to the extentfeasible, such as erosion control criteria and grading requirements, to ensure consistencywith Cityof Santa Ana grading standards/policies. JN 132203 e 4 e February 25, 2013 25C-15 City of Santa Ana Updated Proposal for the 301 East Jeanette Lane tiau?•?r?=._ 1?? Residential Project Mitigated Negative Declaration 0. GREENHOUSE-GAS/GLOBAL CLIMATE CHANGE RBF's in-house global climate change experts are at the forefront in developing sound scientific assessments and strategies within the rapidly changing regulatory environment, As a result of our experience, RBF has developed proprietary models forquantifying and analyzing greenhouse gases from a variety of direct and Indirect sources including construction and vehicular traffic, The scope of work is as follows: Emissions inventory, RBF will prepare an inventory of the greenhouse emissions (GHG) from both direct and indirect sources. The emissions inventory will be quantlfed with the CalEEMod model. The analysis will determine the project's impact by determining if it is consistent with the Assembly Bill 32 mandate of reducing GHG's beyond "Business as Usual" conditions. The GHG reduction associated with the project's design features will be quantified utilizing the California Air Pollution Control Officers Association (CAPCOA) methodology (Quantifying Greenhouse Gas Mitigation Measures - A Resource forLocal Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures [September 2010]), indirect impacts. In response to Executive Order S-13-08 (2009 California Adaptation Strategy), RBF will identify and analyze the indirect impacts to the project from anticipated climate change. Such impacts include rising sea levels, public health threat caused by higher temperatures and more smog, damage to agriculture, habitat modification and destruction, higher risk of fires, and increased demand of electricity. Based on the GHG modeling and analysis described above, the Initial Study will include a detailed analysis of impacts in accordance with the CEQA Guidelines, The Initial Study will include an analysis of project-related GHG emissions, indirect impacts, and energy consumption. Mitigation measures to reduce impacts will be included in the Initial Study, if required. H. HAZARDS AND HAZARDOUS MATERIALS The review will address short-term and long-term hazardous material conditions that may be resulting from prior uses on- site. The analysis will be based upon references provided by the City and/or Project Applicant. If no hazardous conditions have been identified, this section will conclude no resulting impacts. HYDROLOGY AND WATER QUALITY Based upon available information from the City and project applicant, RBF will prepare the analysis addressing the hydrology and water quality impacts associated with the proposed residential development to address the following topical questions, which are similar to Appendix G (VIII) of the CEQA Guidelines: • Alterations of existing drainage patterns of the site orarea, in a mannerwhich would resultin substantial flooding erosion or siltation on- or off-site; • Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; • Place within a 100-year flood hazard area structures which would impede or redirect flood flows; and • Expose people or structures to a significant risk, including flooding as a result of the failure of a levee or dam. The section will address changes in absorption rates, drainage patterns, storm drain improvement, and downstream affects. RBF will also evaluate water quality conditions and identify water quality (NPDES) techniques/structures in accordance with local, State and Federal requirements, The potential for the project description to degrade water quality, interfere with groundwater recharge or expose people to water related hazards will be identified. This task specifically excludes any new modeling for hydrology or water quality. JN 132203 0 5 0 February 25, 2013 25C-16 aauCatiun Inn City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Residential Project Mitigated Negative Declaration J. LAND-USE-AND PLANNING The proposed project will be reviewed for consistency with City standards and policies, as well as careful consideration of adjacent uses, The interface of the project with nearby uses and, in particular, the uses immediately adjaceritto the site will be studied. RBF will analyze the relationship of the project to applicable planning policies. These policies will be identified from the City's General Plan, Zoning Ordinance, and other City standards. Available information from the General Plan and General Plan EIR will also be incorporated into the analysis. The regional planning review will include consistency with the SCAG Regional Comprehensive Plan and Guide Policies. K. MINERAL RESOURCES Analysis will note that there is no affect of the project upon mineral resources. L. NOISE RBF's in-house acoustical team will conduct the noise analysis. Inconsideration of nearby sensitive receptors, the scope of work is as follows; Existing Conditions. RBF will review applicable noise and land use compatibility criteria for the City of Santa Ana. RBF will conduct short-term noise level measurements along the project area. The noise monitoring survey will be conducted at up to three separate locations to establish baseline noise levels in the project area. Noise recording lengths are anticipated to require approximately 10 minutes at each location. Construction-Related Noise and Vibration. Construction would occur during implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and houdyequivalentoontinuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. The construction and vibration analysis will be focused on potential impacts to the residents in the immediate area. Operational Noise Sources. The proposed project is anticipated to generate vehicular traffic from vehicles accessing and queuing within the structure. On- and off-site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108) and Traffic Noise Model (TNM 2.5), The traffic noise analysis will be limited to on-site impacts, and off-site noise increases along nearby roadways, In addition to traffic noise, stationary source noise impacts will be analyzed as well. The results ofthe construction-related and long-term operational noise modeling will be incorporated into the Initial Study. Mitigation measures will be incorporated to reduce impacts to local institutional and residential sensitive receptors. M. POPULATION AND HOUSING RBF will provide a project specific analysis of potential growth-inducing impacts pursuant to CEQA Guidelines Section 15126(g). The basis for analysis will be population and housing data from the City of Santa Ana, California Department of Finance, and U.S. Census. The section will consider housing conditions and projections for the area. The section will discuss ways in which the proposed project could foster economic or population growth, orthe construction of additional housing, either directly or indirectly, in the surrounding environment. The analysis addresses growth-inducing impacts in terms of whether the project influences the rate, location, and the amount of growth. Growth-inducing impacts are assessed based on the project's consistency with adopted/proposed plans that have addressed growth managementfrom a local and regional standpoint. Potential growth-inducing impacts from the proposed development will be analyzed as they relate to population, housing, and employment factors. JN 132203 e 6 e February 25, 2013 25C-17 City of Santa Ana Updated Proposal for the 301 East Jeanette Lane ?dncatlo?: Iyr Residential Project Mitigated Negative Declaration N. - PUBLIC SERVICES RBF will contact potentially affected agencies to confirm relevant existing conditions, project impacts and recommended mitigation measures, The discussion will focus on the potential alteration of existing facilities, extension or expansion of new facilities, and the increased demand on services based on the proposed land uses. RBF will evaluate the ability of the project to receive adequate service based on applicable standards and, where adequate services are not available, will identify the effects of inadequate service and recommend mitigation measures. Issues discussed include; • Fire. The overall need for Fire Services would potentially increase beyond existing conditions as a result of the project. The Fire Services review will include a review of existing services/facilities In the area, response times to the site (which includes hazardous material responses to emergencies), available fire flow, project impacts, and required mitigation, • Police, The Police Service review will focus upon response times to the site, available personnel and overall protection services. The overall need for police protection services may Increase beyond existing conditions as a result of the project. Mitigation to reduce potential crime activity will be identified, as required. • Schools. The Schools review will identify potential impacts to other school facilities in the vicinity, focusing on existing conditions, student capacities, current enrollment, and facility locations, Mitigation measures will be provided to reduce the significance of impacts. 0. RECREATION The discussion will focus on the potential for increased demand to recreation facilities associated with the proposed project, RBF will identify existing facilities and the ability of these facilities to serve the proposed project, Where adequate facilities are not available, RBF will identify the effects of inadequate facilities and recommended mitigation measures, P. TRANSPORTATION AND TRAFFIC RBF will prepare a Traffic Impact Analysis for the proposed project, assessing forecast trip generation, distribution, and assignment of the proposed project on the study area circulation system in accordance with the City of Santa Ana performance criteria and thresholds of significance. If necessary, mitigation measures for identified project-generated traffic impacts will be recommended in accordance with City of Santa Ana analysis methodology, This scope of work is based on the project RFP issued by the City; as noted in the RFP, RBF will meet with City staff to refine the scope of work and associated fee to address specific traffic issues and concerns related to the proposed project. SfudyAnalysis Scenarios. The traffic analysis for the proposed project will analyze traffic conditions for the following six (6) scenarios: • Existing Conditions; • Forecast Existing Plus Project Conditions; • Forecast Year 2013 Opening Year No Project Conditions; • Forecast Year 2013 Opening Year With Project Conditions; • Forecast Year 2035 Project Design Year No Project Conditions; and • Forecast Year 2035 Project Design Year With Project Conditions. The analysis will study typical weekday (Tuesday, Wednesday, or Thursday) conditions for the above six (6) analysis scenarios when the proposed project and surro unding roadway circulation system are forecast to experience peak traffic - conditions in the a.m, peak hour and the p,m, peak hour. JN 132203 9 7 • February 25, 2013 25C-18 ?attcatiorr 1st City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Residential Project Mitigated Negative Declaration Stud r a, The traffic study area will consist often (10) study. intersections and ten (10) midblock roadway segments in the project vicinity identified for analysis by City staff. As part of the analysis, RBF will collect existing non-classified traffic count volumes at the study intersections and midblock roadway segments on a typical weekday (Tuesday, Wednesday, or Thursday). Intersection traffic count data will be collected during 7:00 to 9:00 in the a.m. peak period and 4:00 to 6:00 in the p.m, peak period; the analysis will utilize the highest hour within each two-hour period counted. Roadway segment data will be collected over a 24-hour period, Site Visif/Existing Svstems Documentation. RBF will visit the traffic study area to document existing conditions including intersection control, traffic signal phasing, roadway cross-section, speed limits, parking restrictions, intersection approach lanes, etc. The traffic analysis will include graphics documenting the existing intersection roadway geometry, and the analysis will utilize existing geometric conditions to establish a baseline for current operations. Cumulative Projects Trip Generation. Distribution, and Assignmenf. RBF will coordinate with City of Santa Ana staff to identify an annual traffic growth rate to account for cumulative projects in the vicinity of the project site and/or a list of cumulative projects for inclusion in the traffic impact analysis, The study will identify the number of daily and peak hour trips forecast to be generated by cumulative approved/pending projects, using trip generation rates contained in Trip Generation (Institute of Transportation Engineers, 9th Edition, 2012) or other source as directed by agency staff. Proposed Project Trip Generation, Trip Distribution, and Assionmenf. RBF will derive forecast projecttrip generation using trip generation rates contained in Trip Generation (Institute of Transportation Engineers, 9th Edition, 2012) orothersource as directed by agency staff. RBF will manually derive assumptions regarding distribution and assignment which will be reviewed and approved by City staff prior to inclusion in the analysis. Forecast Future Tragic Volumes. Forecast future traffic volumes will be derived by increasing existing traffic volumes by an annual growth rate factor, provided by City Staff, and/oradding trips associated with cumulative projects (provided by City Staff) to the measured existing traffic volumes, RBF will consult with. City staff to obtain a list of applicable programmed street improvements for the study area circulation system in the future year scenarios. Level of Service Analysis. The analysis will assess the forecast traffic conditions at the study intersections and mid block roadway segments for the analysis scenarios identified above. RBF will prepare a Trafrx based analysis model to assess traffic conditions at the study intersections using the Intersection Capacity Utilization (ICU) analysis methodology (assuming 1600 vehicles/hour lane for turning lanes and 1700 vehicles per hour forthrough lanes, with 5% clearance intervals)forthe signalized study intersections and the Highway Capacity Manual (NCM) analysis methodology for the unsignalized study intersection. The intersection analysis will also include applicable signal warrants at the unsignalized intersections, RBF will prepare a midblock roadway segment analysis utilizing the volume/capacity (vlc) ratio analysis methodology, If the analysis indicates the proposed project will significantly impact a study intersection of midblock roadway segment based on City of Santa Ana thresholds of significance, mitigation measures will be recommended to eliminate or reduce the impact in accordance with City guidelines. The analysis will document forecast operating conditions after implementation of recommended mitigation measures if necessary, State Highway Intersection Anal?is. RBF will prepare a State Highway intersection of the SR-22 Eastbound Ramps- Larson Way/Town & Country Road intersection utilizing the NCM analysis methodology for Signalized Intersections in accordance with Caltrans guidelines for State Highway intersection analysis. This scope of work does not assume any freeway mainline analysis or any ramp queuing analysis. If the analysis indicates the proposed project will significantly impact a study intersection based on Caltrans thresholds of significance, mitigation measures will be recommended to JN 132203 0 8 • February 25, 2013 25C-19 'tea City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Residential Project Mitigated Negative Declaration eliminate or_reduce _the impact in accordance with Caltrans guidelines. The analysis will document forecast operating conditions after implementation of recommended mitigation measures if necessary. Orange County Congestion Management Program Analysis. Due to the number of trips forecast to be generated by the proposed project, this scope of work does not assume preparation of an Orange County Congestion Management Program (CMP) Traffic Impact Analysis. Site Access Analvsis, RBF will prepare a site access analysis atthe ingresslegress locations insure adequate line of sight and gaps. RBF will incorporate the results and conclusions within the Traffic Impact Analysis into the Initial Study in accordance with the CEQA Guidelines. The Initial Study will examine the six (6) traffic scenarios described above and provide impact conclusions and recommended measures to minimize impacts (if applicable). 4 UTILITIES RBF will contact potentially affected agencies to confirm relevant existing conditions, project impacts and recommended mitigation measures. The ability of existing infrastructure to support development will be confirmed in terms of increased demand/generation of utilities, including solid waste, water, electricity, gas, and wastewater, The discussion will focus on the potential alteration of existing facilities, extension, or expansion of newfacilities and the increased demand on services based on the proposed land uses. Issues discussed include: • Solid Waste. Solid waste generation resulting from the proposed uses may impact landfill capacities. The analysis will establish baseline projections for solid waste, including composting and recycling for both construction and operation of the project. Project's compliance with AB 939 will also be addressed. • Water. Based upon technical information provided by the City, existing capacities and deficiencies will be addressed. The on-site potable and non-potable water system conditions will be presented. Off-site potable and non-potable water storage, pumping, and transmission facilities will be studied. • Sewer. Based upon technical information provided by the City, existing capacities and deficiencies will be addressed. • Electrical, Existing facilities, project impacts, infrastructure relocation, undergrounding of overhead lines, easements, and necessary mitigation, • Gas. Existing facilities, project impacts, infrastructure relocation, easements, and necessary mitigation. R. MANDATORY FINDINGS OF SIGNIFICANCE This section will focus on cumulative effects and considerations. 3.5 INITIAL STUDY DETERMINATION The determination page will conclude the appropriate action based upon the Initial Study evaluation. JN 132203 0 9 0 February 25, 2013 25C-20 City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Qa•u??=rsl Residential Project Mitigated Negative Declaration 3.6 GRAPHIC EXHIBITS The environmental document will include exhibits to enhance the written text and clarify the proposed project environmental impacts. The Environmental consultant will use state-of-the-art computer design equipment and techniques to create professional quality, black and white or full color exhibits, dividers, and covers for the environmental document and Appendices. All exhibits will be 8'/z" x 11"in size and should be provided to the City in a jpeg, dwg, or pdf, as requested by City Staff. 4.0 DRAFT INITIAL STUDY RBF will submit six (6) copies of the Draft Initial Study for review and comment by the City, Should additional copies be required, additional copies will be provided by RBF at an additional fee. RBF will also submit one (1) "check copy" of the final draft document, which will incorporate one complete set of comments received from the City. Changes to the draft document will be highlighted to assist the review. 5.0 MITIGATED NEGATIVE DECLARATION PREPARATION With a conclusion in the Initial Study that no significant environmental effects will occur as a result of implementation of the project, a Mitigated Negative Declaration will be prepared. Following this determination, RBF will prepare the Notice of Intent (N01) to Adopt and the Mitigated Negative Declaration for City review. The N01 and Mitigated Negative Declaration will be attached to the Initial Study to fully explain the proposed project and its affects. Fifteen (15) hard copies, fifteen (15) compact discs, and one (1) camera-ready original of the Mitigated Negative Declaration will be provided to the City. RBF will provide the submittal to the State Clearinghouse and additional distribution as directed by the City. 6.0 FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 6.1 RESPONSE TO COMMENTS RBF will respond to all comments received on the Draft Environmental document during the public review period, and any additional comments raised during the public hearings. RBF will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. This task includes written responses to both written and oral comments received on the Draft document (includes review of hearing transcripts, as required). The draft responses will be prepared for review by City Staff. For budgeting purposes, we have assumed a total of 12 hours to prepare the Response to Comments. Should the comments be excessive and require more than the budgeted time, this task would be revisited. 6.2 MITIGATION MONITORING AND REPORTING PROGRAM To comply with the Public Resources Code Section 21081.6 (AB 32180), RBF will prepare a Mitigation Monitoring and Reporting Program to be defined through working with City staff to identify appropriate monitoring steps/proceduresand in order to provide a basis for monitoring such measures during and upon project implementation. The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the Mitigation Monitoring and Reporting Program for the proposed project, The Checklist indicates the mitigation measure number as outlined in the IS/MND, a list of Mitigation Measure/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. JN 132203 0 10 0 February 25, 2013 25C-21 1 City of Santa Ana Updated Proposal for the 301 East Jeanette Lane 4a+??az.r Residential Project Mitigated Negative Declaration 6.3 COMPLETION OF FINAL ENVIRONMENTAL DOCUMENT RBF will prepare a draft final document for City review and approval. The Final document will consist of the revised Draft text, as necessary to address the comments received on the Draft document. The Final document will include a purpose subsection, reference the review process, comments received, responses and any required edits/updates to the Public Review document. Also included in the final document is the Mitigation Monitoring Program in accordance with Public Resources Code Section 21081,6 (AB 3180). Five copies (5), one (1) camera-ready original, and an electronicfile of the Final Initial Study/(Mitigated) Negative Declaration will be provided to the City, RBF will prepare the N01 and Notice of Determination and will file the notices at the Orange County Recorders Office. This scope of work excludes the required fees for the California Department of Fish and Game (CDFG). 7.0 PROJECT COORDINATION AND MEETINGS/HEARINGS 7.1 PROJECT COORDINATION Mr. Glenn Lajoie, AICP, and Mr. Alan Ashimine will be responsible for management and supervision of the environmental review as well as consultation with the City. Mr. Lajoie and/or Mr. Ashimine will undertake consultation and coordination of the project and the environmental review for compliance with CEQA requirements. Mr. Lajoie and/or Mr, Ashimine will consult with State and local agencies regarding the environmental documents. This task also covers costs necessary to administer the contract for this effort. 7.2 MEETINGS AND HEARINGS Mr. Lajoie and/or Mr. Ashimine will attend all scheduled staff meetings and will represent the Project Team at public hearings and make presentations as necessary. RBF anticipates several meetings as well as conference calls with City Staff throughout the project. Mr. Lajoie and Mr. Ashimine, along with other key Project Team personnel, will be available to attend meetings with affected jurisdictions, agencies, and organizations, as needed to identify issues, assess impacts, and define mitigation. Should the City determine that additional meetings beyond the following listed meetings, below, are necessary, services will be provided under a separate scope of work on a time and materials basis. The estimated costfor additional meetings is approximately $600 per person, • One (1) kick-off meeting with City Staff (Refer to Task 1.0) • Two (2) progress meetings with City Staff • One (1) Planning Commission Study Session • One (1) City Council Study Session • One (1) Planning Commission Hearings JN 132203 0 11 0 February 25, 2013 25C-22 lj City of Santa Ana Updated Proposal for the 301 East Jeanette Lane ?ucAdon 7,t Residential Project Mitigated Negative Declaration 8.0 DELIVERABLES Screencheck Administrative Draft • Ten (10) hard copies of the Screencheck Administrative Draft and Technical Appendices • One (1) electronic copy of the Screencheck Administrative Draft prepared in Microsoft Word and Exhibits Opeg, dwg, or pdf file format, as requested by City Staff) • One (1) Check Copy of the Final Draft Incorporating Screencheck Comments Completion of the Draft Environmental Document Twenty (20) copies of the Draft document, exhibits and Technical Appendices • Twenty (20) CDs that contain the Draft Document • Forty (40) copies of the Notice of Intent • One (1) camera-ready unbound original of the Draft document, Exhibits and Technical Appendices • One (1) electronic copy of the Draft document, exhibits and Technical Appendices Final Environmental Document • Ten (10) copies of the Screencheck Administrative Draft responses to comments on the environmental document • One (1) electronic copy of the Draft Responses to Comments • One (1) electronic copy of the Final Responses to Comments • Three (3) copies of the Screencheck Administrative Draft Mitigation Monitoring and Reporting Program • One (1) electronic copy of the Draft Mitigation Monitoring and Reporting Program • One (1) electronic copy of the Final Mitigation Monitoring and Reporting Program Completion of Final Environmental Document • Ten (10) copies of the Administrative Final environmental document, including exhibits and Technical Appendices • Twenty (20) copies of the Final document, including exhibits and Technical Appendices • One (1) unbound camera-ready original of the Final document, exhibits and Technical Appendices • One (1) electronic copy of Final document, including exhibits and Technical Appendices • Notice of Determination filing JN 132203 • 12 • February 25, 2013 25C-23 "N-", City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Residential Project Mitigated Negative Declaration Ill. PRELIMINARY CEQA SCHEDULE The following Preliminary Schedule assumes authorization to proceed with the work program by March 15, 2013. A date specific schedule can be provided prior to the kick-off meeting. Kick-Off Meeting Week 1 Draft Project Description Preparation Week 1 City Review of Draft Project Description Weeks 1 - 2 RBF prepares Administrative Draft Initial Study/MND Weeks 2 - 8 City Review of Administrative Draft Initial StudylMND Weeks 9 -10 RBF completes Draft Initial StudylMND Week 11 City review of Check Copy Draft Initial Study/MN D Week 12 Print and distribute Public Review Initial StudylMND Week 13 30-Day Public Review Weeks 13 -17 RBF prepares Final Initial StudylMND Week 18 Print and distribute Final Initial StudylMND Week 19 Hearing TBD JN 132203 • 13 • February 25, 2013 25C-24 i City of Santa Ana Updated Proposal for the 301 East Jeanette Lane :?aaolj Residential Project Mitigated Negative Declaration VII. STATEMENT OF FINANCIAL CONDITIONS This proposal shall be valid for a period of 90 days. Progress billings will be forwarded based on payment criteria established by the City, These billings will include the fees earned for the billing period. The City shall make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. The fees proposed herein shall apply until January 1, 2014. Due to annual Increases in costs associated with inflation, staff wage increases and increases in direct costs, Consultant will increase those portions of the contract fee for which work must still be completed after January 1, 2014, by fifteen percent (15%). Deviations or modifications from the Scope of Work will result in potential re-evaluation of the associated fees, Items not specifically stated in the proposal will be considered an additional work item. All work will be performed at a "Not to Exceed" contract price, which will become the fixed price upon completion of negotiations with the City staff authorized to negotiate and agreement. The total budget includes all miscellaneous costs for travel/mileage, reproduction, telephone, postal, delivery, reference materials, and incidental expenses. The budget provides a breakdown of our estimated cost of performing the services described in this Scope of Services. Our Scope of Services and its associated cost are based on several key assumptions, including the following: 1. City will develop the mailing list for distribution of the MND and notices. The City will be responsible for newspaper cost of publication of notices, which will be billed directly to the City, so they are not included in the proposed budget. 2. Photocopy costs included in the proposal are for the specified number of copies of deliverables and reasonable incidental and in-team photocopying. If additional copies of deliverables are needed, they can be provided with an amendment to the proposed budget. 3. Review cycles for preliminary documents are preserLted in the scope of work. Additional review cycles or additional versions of administrative drafts are assumed to not be needed. 4. The proposed work addresses CEQA requirements of the proposed action. Work related to NEPA compliance, Section 404 compliance, orother permitting processes is not included (although these can be added, as needed, with a contract amendment). Work concludes at the acceptance by the City of the final deliverable. 5. The budget is based on completion of work within an agreed upon schedule. If substantial delay occurs, an amendment of the budget would be warranted to accommodate additional project management time and other costs. Substantial delay is normally defined as 90 days or more, 6. Costs are included for the number of meetings specified in the scope of work. If additional meetings are needed, they can be included with an amendment of the budget, 7. The extent of public comment on an MIND is not predictable. The proposed budget includes a reasonable, preliminary estimate time to respond to comments. RBF will consult with the City after the valuation of the comments to determine if the preliminarily estimated budget is sufficient. An excessive amount of comments is generally considered to be more than ten (10) commenting agencies/individuals and/or over 30 comments that require answers other than "Comment is noted." 8. Costs have been allocated to tasks to determine the total budget. RBF may reallocate costs among tasks, as needed, as long as the total budget is not exceeded. 9. Once the proposed project description is approved by the City for analysis in the Initial Study, it is assumed they will not change thereafter. If changes requiring revisions to analysis or rewriJng of initial Study information occur, an amendment of the budget would be warranted. JN 132203 9 25 • February 25, 2013 25C-25 City of Santa Ana Updated Proposal for the 301 East Jeanette Lane Residential Project Mitigated Negative Declaration 10. The CEQA statutes or guidelines may change during the course of this project. If amendments require redoing work already performed or substantially increasing effort, a contract amendment may be warranted. LIABILITY INSURANCE RBF has general liability insurance in the amount of $4,000,000. RBF's Professional Liability (Errors and Omissions) amounts to $3,000,000, RBF also carries automobile liability, excess liability, worker's compensation and employee's liability. Further information and/or certificates of insurance will be provided by RBF, as requested by the Client. STATEMENT OF RBF'S COMMITMENT TO THE CITY The following affirms RBF's commitment to the City of Santa Ana and the proposed work program: 1. The proposed services to be provided by the RBF Consulting team Involve the preparation of environmental compliance documentation, pursuant to the CEQA Guidelines, for the 301 East Jeanette Lane Residential Project in Santa Ana, California. 2. RBF Consulting is focused on a comprehensive and complete review process. The RBF team will provide services, pursuant to the goals set forth by the City, and as detailed in Section II of this proposal. 3. R3F Consulting will thoroughly address each environmental issue area and will recommend the appropriate CEQA clearance for the project. RBF Consulting holds as the top priority, the integrity of documentation and processing, focusing on legal defensibility and full compliance with CEQA. 4. All aspects of RBF Consulting's proposal, including costs, have been determined independently, without consultation with any other prospective Consultant or competitors for the purpose of restricting competition, 5. All declarations in RBF Consulting's proposal and attachments are true and constitutes a warranty, the falsity of which shall entitle the City to pursue any remedy by law. 6. This February 25, 2013 proposal by RBF Consulting is binding, if the proposal is selected and a contract is awarded. 7. The RBF Consulting team agrees to provide the City of Santa Ana with any other information that the City determines to be necessary for an accurate determination of the Consultant's ability to perform services as proposed. 8. If RBF Consulting is selected for this and ail other assignments with the City, RBF Consulting will comply with all applicable rules, laws and regulations. 9. RBF has a dedicated team whom maintains the in-house Library/Filing Management System. All project related files are categorized and independently filed to preserve the integrity of the Administrative Record. Documentation of all project transactions are kept in a central file readily accessible to project team members. Any public records act or Administrative Record requests are coordinated with the Lead Agency, and implemented per applicable laws and regulations. JN 132203 • 26 . February 25, 2013 25C-26 R d C C c O C +?+ R 46 5 W ? r Z M d d? M w ? i6 v GP Qa I a:I C (D U) h O W W t 10 Op?? 01 u] N O aii N O t{?O C1 47 II((?? i0 0 fR o 07 iq m t0 m it1 fD 0 yy77 co 0 ((pp M 0 ??OO O 0 V• U1 {QO ?1 iA m O m M Ot?1 O M m p N O m N m m m m m W M O V [? O h p Oi M p !H p f.. 10 Q N 1? 10 u7 b y 2 ?O gyp} O S rn ? a O) CD c9 O M h ,q? fA fA FA fA 69 fR nj M rfl 6% ? Pj 69 0 69 N 69 W .?}} N! V3 09 FA O 6a 44 tapp V) , } W 0 F u r? 69 e9 69 N? 6% 0 /i a 0 /9 p ' ? O S N tH V, g o 9o H N N dY NM U H 3 ? r r ao O M m M O N r N N ?- r O N m M 0 N O SY .- ? ?A r N N N N O O st O) O ? O N cm a? ° r - z o r M d w c? O N N u ? 7 o pp M M ,A tV ? N ? V' N O N O O D O O ? N aC Ill fD N m N N m N v Ill s N O m 00 00 N m tO V 4 ) 00 LO Z N ?O N r ub m .- r N N r r N r y c,) 0 N m N ° 0 1 d ` N N Q In FNq N fo r N r ?• N r O c0 ao h m 1? N N f7 ? z O in I O 2 W W 4 U m ? Q W O Ill S 0 1 9 i' E G Z U ? S a H ?° 4) 0 U F Z ID E A A c O 4 ? E z W 'o a g G - y U M K C 0 O a a' U' (? N ?J Q m z m Z to C O yay r? GG n CC Q ,oo` ?p W .? C ? Il! n O H ° O A Q n a o Z O > Q lL W 2 'y W L k!' 7 •y o (7 fA m N O = C .. . a G7 ? g n y C G C 'v G ? ._ } q w > r v N C lL I^ C N K J w Q O S (? F N G O Y U f0 G q J m _ pp N ? V ? N o g R 0NN t6 o .U Z o O n TD LL t v O) Q O _ y £ L pp G Q C L ?] ?L O l+ C FO 2 J Q O L U ZZ Q c V } _ ? S a y ° roy j Y ? N fn O g ? t?] J w J V c O• - - = Q F• . G O Ep C m _ u ' _ d - O = a G m m m O n a U ?7 y n N V L Z Q F 0 «. 0 0 c 0 U 2 o O m iC9 W ?' _ 'a'9 p e I'- V ? y E c N m C k G m . ? O' m m U' N ? S m ._ . o Z A ? O m G ? _ ii' m u ? 1- - ? (D e. G O_ O u U U N N u1 m Ul K 4 ' a ??, u ?. 0 u7 s?• N e o c Q Q Q dd Q 1 1 (7 1i U 2 J g a ? 0. Z a O f- a J d ? K? c ?° ?y Q Ur F J Q . N 4 ^ W -1 O ? , 0 g 1 o 9 > :5 .- ? 02 = c O 2 O C d N O U Y a R ! U _ a _ w c C7 ? CK ? a ` a ? ? Q ? 6 Q F- O O I? O G? r M f N M M a7 l e{ +I N (O O O LL O ' r N O `-" N O O m j a O O M C1 N W ,t O tO 1 D n: i ? 40 f-' n• " U I •- A H V mU? li fl II g?¢ a0 U C7 a! 0 O E ° t ? m Cl o r Q ? C?y Q S w II II N II J Q m F U' Q Y Ltl Cl) O N 1A N f0 d W rN 25C-27 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 , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 9 25C-28