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17-1017_LSA ASSOCIATES INC_E13_Agenda Report10/17/2017 City of San Juan Capistrano Agenda Report TO : Honorable Mayor and Members of the City Council FROM : $en Siegel, City Manager SUBMITTED BY: Joel Rojas, Development Services Directo ~ PREPARED BY: Art Bashmakian, Contract Planner DATE: SUBJECT: October 17, 2017 Consideration of a Professional Services Agreement with LSA Associates, Inc. for the Preparation of an Initial Study (IS) and Subsequent Environmental Documents for a Proposed General Plan Amendment/Specific Plan for ''The Farm" Residential Development Project. (Property Owner: Vermeulen Ranch LLC, Applicant: Spieker Senior Development) RECOMMENDATION: Approve and authorize the City Manager to execute a Professional Services Agreement with LSA for the preparation of an Initial Study (IS) and subsequent environmental documents, as necessary, pursuant to the California Environmental Quality Act (CEQA), at a cost not-to-exceed $228,260 to be funded by the applicant. EXECUTIVE SUMMARY: City staff has solicited and received proposals from environmental consulting firms for the preparation of an Initial Study (IS) for a proposed General Plan Amendment/Specific Plan that would allow a 34-acre vacant commercial nursery property with a General Plan designation of Agri-Business to be developed with up to 180 residential units. The 34-acre project site is part of the larger 43-acre Vermeulen Ranch property, located generally between Del Obispo Street and Alipaz Street, which includes an existing 9- acre retail center anchored by an Armstrong Nursery. Staff is recommending that the City Council approve a Professional Services Agreement with LSA Associates to prepare the Initial Study and subsequent CEQA documentation (Attachment 1 ). DISCUSSION/ANALYSIS: On October 21, 2014, the City Council approved applications and certified an E13 City Council Agenda Report October 17, 2017 Page 2 of 4 Environmental Impact Report (EIR) for a development project known as "Spieker Continuing Care Retirement Community," which proposed 407 independent living units and a 1 01-unit health care center for residents needing daily assistance. As part of the City Council's action, a General Plan Amendment was approved changing the land use designation of the project site from Agri-Business to Specific Plan/Precise Plan . On December 16, 2014, in reaction to a referendum petition, the City Council repealed the previously approved General Plan Amendment. As a result, the General Plan land use designation of the property reverted back to Agri-Business. On September 20, 2016 , the City Council initiated a study of a potential General Plan Amendment that would allow a commercial and residential development project referred to as "The Farm on Del Obispo." The development proposal called for a maximum of 40,000 square feet of commercial space and up to 180 dwelling units on approximately 34 acres of the 43-acre Vermeulen Ranch Property. On May 30, 2017, the Applicant submitted an application to amend the General Plan's land use designation of the subject property from Agri-Business to Specific Plan/Precise Plan, along with a Proposed Specific Plan that would allow the subject property to be developed with up to 180 residential dwelling units utilizing the City's RS-4000 development standards . The submitted application package eliminated the commercial component of the project and did not include any entitlement applications. Entitlement applications would be sought if and when the Applicant is successful in amending the General Plan. Evaluation of the proposed project is subject to an environmental assessment in accordance with CEQA. En vironmental Co nsulta nt-Ini tia l Stud y The City issued a Request For Proposals (RFP) to its list of qualified firms and posted the scope of work requirements and the RFP on its website for the preparation of an Initial Study, which is a preliminary analysis conducted by the lead agency to determine if a project may have a significant effect on the environment (Attachment 2). The Initial Study will determine if the project qualifies for an Addendum to the previously certified EIR (Spieker Continuing Care Retirement Community), a Subsequent EIR or Subsequent Mitigated Negative Declaration (MND), or a new MND or EIR for the current project. In response to the RFP, the City received proposals from two (2) firms: De Novo Pl a nning Gr o up LSA Associates Addendum Subsequent Subsequent New MND New EIR to EIR EIR MND $69,300 $143,260 $104 ,300 $228 ,260 Not Applicable Not AQplicable $6 4 ,300 $134 ,300 $163 ,260 $228,260 It should be noted that De Novo Planning Group deferred the cost of various technical studies to be determined after its review of existing technical documents which contributed to its lower cost proposal. City Council Agenda Report October 17 , 2017 Page 3 of 4 Staff evaluated the proposals, which included conversations with the firms' project managers to evaluate qualifications and experience. As a result of the review process, staff determined that LSA Associates is the most qualified firm to prepare the necessary Initial Study and subsequent environmental documents. LSA Associates prepared the Environmental Impact Report and Traffic Impact Analysis for the previous project and is familiar with the site and the environmental setting . Upon execution of this Agreement, LSA Associates will commence preparation of an Initial Study which is expected to be completed in 14 weeks. The completed Initial Study will identify the appropriate CEQA document that will need to be prepared for the proposed project. The time needed to complete the appropriate CEQA document generally ranges from 2-3 months (EIR Addendum) up to 12 months (New or Subsequent EIR). Once the appropriate CEQA document is completed, the CEQA document, along with the proposed General Plan AmendmenUSpecific Plan, will be presented to the Planning Commission for review. The Planning Commission's recommendation on the proposal will ultimately be presented to the City Council for a final decision. FISCAL IMPACT: All environmental work for the proposed project, including technical studies such as a Traffic Impact Analysis (TIA), will be solely funded by the project Applicant. Should the City Council approve the agreement, the Applicant will be required to deposit the entire contract amount prior to the City issuing a Notice to Proceed to the consultant. ENVIRONMENTAL IMPACT: The action to select a consultant is not a project under State CEQA Guidelines § 15378(a) because it has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Further, the action is exempt from CEQA under the commonsense exemption in State CEQA Guidelines section 15061 (b), which exempts any activity for which it can be seen with certainty that there is no possibility of a significant effect on the environment. PRIOR CITY COUNCIL REVIEW: On September 20, 2016, the City Council initiated a study of a potential General Plan Amendment (GPA16-0001) to allow a proposed commercial and residential development project referred to as The Farm at Del Obispo. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION : Interested Parties Notification List LSA Associates Vermeulen Ranch LLC Spieker Senior Development City Council Agenda Report October 17, 2017 Page 4 of 4 A TT ACHMENT(S): Attachment 1 -Professional Services Agreement with LSA Associates Attachment 2 -Request for Proposals (RFP) for Preparation of an Initial Study CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of , 2017 by and between the City of San Juan Capistrano, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and LSA Associates Inc., a California Corporation with its principal place of business at 20 Executive Park, Suite 200, Irvine, California 92614 (hereinafter referred to as "Consultant"). City and Consultant ~re sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Preparation of an Initial Study (IS) and subsequent environmental document, as required by the initial study, for the Farm, San Juan Capistrano project, which will likely include the following entitlements: General Plan Amendment (GPA) 16-001, Specific Plan, Lot Line Adjustment and Development Agreement (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $228,260. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. ATTACHMENT 1 1 If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted , it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4 . Maintenance of Records . Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Time of Performance . Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed "). Consultant shall complete the services required hereunder by December 31, 2018. The Notice to Proceed shall set forth the date of commencement of work . 6. Delays in Pe rformance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions ; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances ; strikes , lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compl ia nce wi th Law . a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cai/OSHA requirements . b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care 2 Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. A ss ignm ent and Sub cons ultan t Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason . Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates , and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Consultant Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement , subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Co mmercial Gene ra l Liab ili ty (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following : (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage 3 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City . (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers' Compensation/Emp loyer's Liability (i) Consultant certifies that he/she is aware of the prov1s1ons of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section . d. Professional Liability (Errors and Om issions) At all times during the performance of the work under this Agreement the Consultant 4 shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Commercial General Liability Automobile Liability Employer's Liability Professional Liability Combined Single Limit $1 ,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage $1,000,000 per occurrence for bodily injury and property damage $1 ,000,000 per occurrence $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (1 0) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires 5 during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (1 0) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. 6 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert 7 witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers. 13. Californ ia Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 14. Verif ication of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. 16 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (1 0) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value 8 of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes , written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City . 18. Organization Consultant shall assign Ashley Davis as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City . 19. Lim itation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn : Art Bashmakian , Contract Planner and shall be effective upon receipt thereof. 21. Third Party Rights CONSULTANT: LSA Associates 20 Executive Park, Suite 200 Irvine, CA 92614 Attn: Rob McCann, Chief Executive Officer Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportun ity Employment. 9 Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 25. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City 's Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting 10 from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 11 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LSA ACCOCIATES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO By: Ben Siegel City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney LSA Associates By: Its: CEo Printed Name : -&ob H\ C (a(\\'\ • 12 EXHIBIT A Proposal for Completion of an Initial Study for The Farm Specific Plan Scope of Services Based on LSA's understanding of the project and project area, LSA anticipates that preparation of an IS with supporting technical work will be adequate for the City to determine the level of documentation required for compliance with CEQA . Tasks 1 through 4, described in detail below, outline LSA 's Scope of Services for the proposed project. In order to adequately respond to the IS checklist questions, LSA has included preparation of technical analyses to address impacts related to air quality/GHG emissions, biological resources, cultural resources, noise, and traffic, outlined in Task 2.0. Task 1.0: Project Initiation and Project Description LSA will prepare a thorough Project Description for use in the IS preparation. LSA will meet in person with the City team and the Applicant at a project kick-off meeting to refine the Project Description and develop a mutual understanding of the scope and approach to be used in completing the work tasks outlined herein. The Project Description will include the following: • The precise location and boundaries of the proposed project shown on a detailed topographic map • A statement of the project's proposed objectives • A general descript i on of the project's technical, economic, and environmental characteristics • A discussion of supporting public service facilities • A statement of the intended use of the IS, including a list of public agencies that are anticipated to use the document in their decision-making • A list of discretionary approvals required • A discussion of the existing and proposed land uses, zoning map classifications, and General Plan land use designations LSA will submit the Project Description to the City for review and approval. The overall schedule and budget are based on the assumption that substantive changes to the Project Description will not be made later in the process . Deliverable: Project Description in Microsoft Word format for the City's review and approval Task 2.0: Technical Analyses In order to substantiate the findings of the IS, preparation of supporting technical analyses with respect to air quality/GHG emissions, biological resources, noise, and traffic are proposed. Preparation of these technical analyses, along with the technical reports that were previously analyzed in the Spieker CCRC EIR, will assist in determining the appropriate level of environmental documentation for the proposed Farm Specific Plan. Although these technical studies could be prepared at a later date, they will be required for any future CEQA lSA 7 Proposal for Completion of on Initial Study for The Farm Specific Plan documentation in order to provide substantial evidence, as required under CEQA when evaluating a project's potential impacts. Preparation of these studies at the time the IS is prepared will provide the City with a more comprehensive and legally defensible document upon which to make a determination for future documentation. Task 2.1: Air Quality and Greenhouse Gas Emissions Memorandum. LSA will prepare an air quality and GHG emissions technical memorandum in compliance with applicable CEQA procedures and requirements. Air Quality Analysis. LSA will prepare the air quality section, which will focus on the criteria pollutants of greatest concern in the South Coast Air Basin (Basin) that would be generated by project construction and operation. Those pollutants include ozone precursors (volatile organic compounds [VOCs] and oxides of nitrogen [NOxl), carbon monoxide (CO), sulfur dioxide (S0 2 ), and inhalable particulate matter (PM 10 and PM 2•5 ). The air quality analysis will address all of the five air quality issues identified in the IS checklist in Appendix G of the State CEQA Guidelines. The air quality study will consist of the following tasks. LSA will evaluate whether the project would conflict with or obstruct implementation of the Air Quality Management Plan (AQMP). The.existing air quality in the vicinity of the project site will be characterized, including local meteorology and existing pollutant levels, based on data obtained from nearby air quality monitoring stations. LSA will describe the existing State and federal ambient air quality standards, the Basin's attainment status with regard to those standards, and the South Coast Air Quality Management District's (SCAQMD) AQMP . LSA will analyze whether construction and operational emissions will result in a violation of air quality standards. The impact evaluation will be based on SCAQMD's Air Quality Significance Thresholds in its CEQA Air Quality Handbook. LSA will estimate construction emissions, including diesel truck and heavy duty equipment exhaust and fugitive dust based on available information from the project applicant and the City . If the project-specific construction equipment and schedule are not available, a generalized schedule will be used along with the default construction equipment anticipated in the model. LSA will calculate future operational emissions associated with the net increase in motor vehicle activity and on-site energy consumption. Construction and operational emissions will be estimated using the California Emissions Estimator Model (CaiEEMod), which includes OFFROAD and California Emission Factor Model (EMFAC) emission factors to calculate off-road construction equipment and on-road vehicle emissions. LSA will evaluate whether the project could lead to the potential exposure of sensitive receptors to substantial concentrations of air toxics emissions . The evaluation of the potential for CO and toxic air contaminants will be assessed in a qualitative manner because the project is not expected to result in a significant increase in traffic congestion. LSA will assess whether the project would result in a cumulatively considerable net increase of any criteria pollutant for which the Basin is in nonattainment under an applicable federal or State Ambient Air Quality Standard. The evaluation of cumulative impacts will follow the procedure outlined in SCAQMD's CEQA Air Quality Handbook. LSA Proposal for Completion of an Initial Study for The Farm Specific Plan LSA will evaluate whether the proposed project would create objectionable odors affecting a substantial number of people, based on the guidance provided in SCAQMD's CEQA Air Quality Handbook guidelines. However, due to the nature of the project being residential uses, objectionable odors are not anticipated to be a significant concern for this project. Greenhouse Gas Analysis. Because the City does not have a qualified Climate Action Plan, LSA will prepare a GHG emission analysis that complies with SCAQMD's interim CEQA GHG Significance Thresholds. The analysis will focus on the GHG emissions that would be generated by project construction and operation (primarily carbon dioxide, methane, and nitrous oxide). In addition, the GHG analysis will be prepared in response to the two GHG questions in the Appendix G checklist of the State CEQA Guidelines. The GHG analysis will include the following tasks. LSA will prepare a discussion of the potential GHG emission impacts. This discussion will describe the methodology used to estimate GHG construction and operational emission impacts and (if applicable) will identify mitigation measures. LSA will estimate project- related GHG emissions using the CaiEEMod software program. The analysis will include the five primary sources of GHG emissions (as applicable): motor vehicle vehicular traffic, generation of electricity, natural gas consumption/combustion, solid waste generation, and water usage. LSA will compare the net annual increase of GHG emissions from the project to regulatory thresholds. Should the project exceed the 3,000 metric ton per year emission threshold for the residential development site, the project must prepare a consistency analysis to demonstrate the reduction in GHG emissions. LSA will provide mitigation strategies to reduce GHG emissions if the project is determined to not be consistent with applicable regulatory strategies to reduce GHG emissions. This could include vehicle mile reduction, energy/water conservation measures, Leadership in Energy and Environmental Design (LEED) certification, carbon sequestration, or contribution to available regional and State mitigation programs to reduce GHG impacts to a less than significant level. Local GHG emission background information will be obtained from the California Air Resources Board's ambient GHG background and Scoping Plan for the State and from the City's General Plan . LSA will conduct a consistency analysis to determine whether the project conforms to these plans in accordance with the procedures set forth by the California Air Resources Board. LSA will prepare the air quality and GHG sections detailing the results of the analyses identified above. Task 2.2: Biological Resources Memorandum. The approach to the biological resources review will be to evaluate the current site conditions and effects of the revised project relative to the finding of the previous biological resources assessment. LSA will conduct an updated site- specific database records search for federal and State lists of special-status species via review of the California Department of Fish and Wildlife's California Natural Diversity Database, the LSA Proposal for Completion of an Initial Study for The Farm Specific Plan California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California, and the United States Fish and Wildlife Service's Information for Planning and Conservation database. Because site conditions have changed since the Spieker CCRC EIR was prepared (i.e., improvements associated with the previous use as a nursery have been removed), LSA recommends a site visit and survey. LSA biologists will conduct the site visit to compare the existing site conditions to the findings of the previous evaluations, with an emphasis on special- status biological resources, to determine whether the effects of the revised project differ substantially from those in the previous determinations. In particular, LSA will check for the potential development of habitat on the fallow site and will evaluate the status of the drainage system associated with the prior site operations. Following the site survey, LSA will incorporate the results of the records search and survey into a letter report suitable for attachment to the CEQA document. The report will briefly recap the project setting and will describe the personnel, methods, resources evaluated, and existing conditions. The report will focus on any differences in project impacts to existing biological resources from those identified in the previous documentation and will include any necessary avoidance measures . If any potentially significant adverse impacts are identified, LSA will recommend appropriate mitigation measures. This proposal does not include a scope of work or budget to conduct focused surveys for sensitive plant or wildlife species because these are not expected to occur. Similarly, a jurisdictional delineation of waters of the United States or identification of wetlands is not expected to be necessary and are not included. However, the statutory limits of waters of the United States pursuant to the Clean Water Act will be discussed in the report and it may ultimately be in the project proponent's interest, depending on the findings of the updated assessment, to prepare a jurisdictional delineation. Task 2.3: Noise Memorandum. LSA will prepare a project-specific noise memorandum for use in responding to the CEQA IS checklist questions. The following tasks will be completed for this effort. Applicable Noise and Vibration Criteria and Existing Noise Levels. LSA will review the City Municipal Code and General Plan to identify applicable noise regulations related to mobile and stationary noise sources. LSA will then conduct up to two long-term noise measurements and two short-term noise measurements at the boundaries of the project site and the surrounding uses. These measurements will help identify the existing noise levels, including the nighttime ambient noise levels during which noise impacts are perceived to be the loudest, and the noise impacts from adjacent uses . Short-Term Construction Impacts. Noise and vibration impacts from construction sources will be analyzed based on information from the Federal Highway Administration's Roadway Construction Noise Model and the Federal Transit Administration (FTA). The construction noise impact will be evaluated in terms of maximum levels (Lmax), hourly equivalent continuous noise levels (Leq), and the frequency of occurrence at adjacent sensitive receptor locations. Analysis requirements will be provided based on the sensitivity of the area directly adjacent to the project site and the City's noise control ordinance specifications. Where applicable, FTA construction noise and vibration criteria will be used to determine significance. LSA 10 Proposal for Completion of an Initial Study for The Farm Specific Plan Future Noise Level Impacts at the Project Site. To determine the on-site noise environment, LSA will review and evaluate the most recent site plans for the sensitive residential uses in order to determine noise impacts from surrounding roadways and other uses. Traffic noise impacts will be evaluated pursuant to the 24-hour averaged/weighted Community Noise Equivalent Level (CNEL). Model input data needed include average daily or peak-hour traffic volumes, vehicle speeds, ground attenuation factors, and roadway widths. Traffic parameters necessary for the model input will be obtained from the traffic volumes included in the Traffic Impact Analysis (TIA), City's Circulation Element, and the vehicle mix observed in the project area. In addition to traffic noise impacts, off-site operational impacts will be analyzed based on reference information and noise measurements gathered during LSA's fieldwork. The City's noise criteria for outdoor living areas, where appropriate, will be assessed, as well as the State/City's interior noise standard. Potential noise impacts that are expected to exceed the exterior noise level standards established by the City will be identified, and where necessary, mitigation (e.g., noise barriers) will be recommended. In order to assess the potential interior noise impacts for noise-sensitive uses within the proposed project, standard recommended building exterior-to-interior noise attenuation will be used in the screening process to determine whether further site-specific noise mitigation measures are required. Building fa!;ade enhancements (e.g., exterior walls and/or windows and doors with sound transmission class ratings higher than standard building practice) will be identified to meet the interior noise standard, if required. Sound attenuation mechanisms for roofs and other openings will also be identified where necessary. Future Off-Site Traffic Noise Level Impacts to Off-site Noise Sensitive Uses. In order to determine the off-site noise impacts associated with traffic generated from the proposed project, the Federal Highway Traffic Noise Prediction Model (FHWA RD-77-108) will be used. Traffic noise impacts will be evaluated pursuant to the 24-hour averaged/weighted CNEL. Model input data needed include average daily or peak-hour traffic volumes, vehicle speeds, ground attenuation factors, and roadway widths. Traffic parameters necessary for the model input will be obtained from the traffic volumes included in the TIA and the City's Circulation Element. The results of the analysis will show the noise level increase on all segments presented in the TIA while specifically identifying segments that will experience a 3 A-weighted decibel (dBA) CNEL or more increase in traffic noise as well as exceeding the City's exterior noise level standard. The 3 dBA CNEL is not specifically a threshold in the City's noise criteria, however, an increase of that magnitude is considered a perceptible increase. Should segments be identified that meet this criteria, existing abatement will then be considered to help identify whether a potential significant impact may occur. Identification of Potential Mitigation Measures. Potential noise impacts that are expected to exceed the exterior noise level standards established by the City will be identified, and where necessary, mitigation will be recommended that may include, but will not be limited to noise barriers, equipment enclosures, and hour-of-operations restrictions. These impacts will be determined for off-site sensitive uses. lSA 11 Proposal for Com pletion of on Initial Study for The Farm Specific Plan Should impacts associated with construction activities occur, best business practices recommended during construction as well as additional mitigations measures will be provided. Task 2.4: Traffic Impact Analysis. The TIA will be prepared pursuant to the City's Administrative Policy 310, Preparation and Use of Traffic Reports; the Orange County Congestion Management Program TIA Guidelines; and the provisions of CEQA. Although LSA completed the TIA for the previous project proposed on the same site, the TIA is more than 3 years old and, therefore, a new project-specific TIA is required. The TIA for the proposed project will need to examine the following four development scenarios: 1. Existing Conditions 2. Existing Plus Project Conditions 3. Existing Plus Project Plus Cumulative Conditions (future near-term year, corresponding to project opening) 4. Existing Plus Project Plus Build Out Conditions (future long-range, corresponding to build out of the City's General Plan) The following tasks are recommended to provide a complete TIA for the proposed project . Task 2.4.1: Coordination with City Staff. LSA will coordinate with representatives of the Development Services Department and/or Public Works Department to confirm the scope of work and discuss issues related to the proposed project with City staff. This will include confirmation of specific analysis methodologies and assumptions, land use assumptions, designation of study area intersections and roadway segments, identification of cumulative background traffic conditions (i.e., approved/pending projects list and ambient growth rate), and discussion of specific concerns regarding the project. One specific issue to be discussed with City staff includes future land use assumed on the property in the General Plan (agricultural) compared to the proposed land use (residential). Task 2.4.2: Data Collection. Based on the meeting discussed above, LSA and City staff will confirm the study area intersections . The following information will be needed prior to preparation of the TIA: • Existing Traffic Counts. LSA will request existing traffic counts from the City. If the City does not have this data available (i.e ., counts conducted within 1 year of the notice to proceed), LSA will conduct 3 days of new intersection turn-movement counts in the a.m. and p.m. peak hours and 3 days of new roadway segment counts over 72 hours (as required pursuant to the City's Administrative Policy 310). National Data & Surveying Services will be the independent count company used to collect the data. In addition, LSA will collect geometric and traffic control data at the study area intersections. For the purposes of this scope of work and budget estimate, LSA will count up to 26 intersections and 22 roadway segments (consistent with the study area for the previous project considered on site). LSA 12 Proposal for Completion of on Initial Study for The Farm Specific Plan • Cumulative Conditions. A cumulative year (future, near-term) scenario corresponding to the projected opening year of the proposed project will be analyzed. To determine the cumulative baseline conditions, LSA will request from the Development Services Department a current list of approved and/or committed projects up to the project opening year. LSA will also request the traffic studies and/or environmental documents for these projects to develop cumulative baseline traffic volumes . If these documents are not available, LSA staff will assign approved/pending project trips to the study area circulation network using the "manual method" of trip assignment . LSA anticipates using the manual method for up to 10 projects. An ambient growth rate will be applied to represent the near-term conditions, as discussed with City staff. • Build-Out Conditions. A build-out year (future, long-term) scenario corresponding to the build out of the City's General Plan w i ll be analyzed. To develop the forecast year conditions, LSA will coordinate with the City's traffic model consultant (Urban Crossroads, Inc.). Task 2.4.3: Existing Conditions Existing a.m . and p.m. peak -hour traffic conditions and levels of service (LOS) will be assessed using the intersection capacity utilization (ICU) and Highway Capacity Manual (HCM) methodologies (per the City 's Administrative Policy 310). An average daily traffic and peak-hour link analysis will also be performed for the study area roadway segments using the methodology and performance standards contained in the City's General Plan Growth Management Element. In addition to analysis of the study area, LSA will describe the existing transit, pedestrian, and bicycle conditions, including bus service to the project area, locations of transit stops and stations , bicycle lanes , and pedestrian facilities providing access to the project site. Task 2.4.4: Project Trip Generation, Distribution, and Assignment Daily a.m . and p.m. peak-hour trips will be generated for build out of the proposed project. LSA will develop the trip generation estimate based on trip rates contained in the latest ITE Trip Generation Manual. Project-related trips will be distributed through the study area intersections based on a select zone assignment obtained from the City's Traffic Model consultant. Project trip generation volumes will be assigned to the arterial street system based on the trip distribution identified above. The resulting project trip assignments will be overlaid onto the existing and cumulative traffic bases to determine the Existing and Cumulative Plus Project traffic volumes, respectively. Project volumes for build-out conditions will be based on the South County Sub Area Model (SCSAM). Task 2.4.5: Project Impact Assessment. Ex ist i ng Plus Pro iect. LSA will analyze the Existing Plus Project traffic conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS when the project is added to the existing condition. The resulting Existing Plus Project traffic volumes will be examined to LSA 13 Proposal for Completion of on Initio/ Study for The Farm Specific Plan determine peak-hour intersection and roadway LOS. Project impacts will be identified assuming existing intersection geometries. Cumulative Plus Project. Traffic conditions for the Cumulative Plus Project condition will be analyzed in the TIA. The cumulative traffic conditions will be developed based on ambient growth and the contribution of committed and/or approved developments' peak-hour traffic volumes to the City's circulation system . The previous project proposed on site applied a 1 percent per year growth rate. The ambient growth percentage per year will be confirmed based on discussion with City staff. In conjunction with City staff, LSA will obtain a current approved/committed projects list, as well as the traffic studies prepared for these developments, to derive the project study area cumulative traffic volumes and approved circulation system improvements. For cumulative projects without a traffic study, trip generation will be based on ITE trip generation rates. LSA will assign the approved/committed projects' traffic volumes and the proposed project trips to the existing traffic base to determine the Cumulative Plus Project conditions. LSA will analyze the Existing Plus Project Plus Cumulative LOS conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS within a short-term horizon (the opening year of the project). Build Out Plus Project. LSA will analyze the forecast conditions at the study area intersections and roadway segments to determine the ability of the circulation system to provide acceptable LOS within a long-range (General Plan Build Out) horizon. The Build Out Plus Project condition will be based on output from the SCSAM. The City's traffic model consultant (Urban Crossroads, Inc.) will develop the forecast data for LSA's use in the TIA. The resulting forecast traffic volumes will be examined to determine peak-hour intersection and roadway segment LOS. Operational Analysis. LSA will conduct an operational analysis along Del Obispo Street using the Synchro software. The following intersections will be analyzed: Del Obispo Street/Plaza Drive, Del Obispo Street/Camino Capistrano, Del Obispo Street/Paseo Adelanto, and Del Obispo Street/ Ali paz Street. Data for this operational analysis will be based on the conditions analyzed above. LOS will be identified and compared to the minimum standards in the City's Growth Management Element. Vehicle queues will be reviewed to ensure adequate distance between the closely spaced intersections. Site Plan Analysis . An on-site circulation and access analysis of the proposed internal circulation system will be performed based on the proposed project site plan. Peak-hour intersection operation at the proposed project driveway(s) will be addressed to determine the adequacy of the interface with the arterial street system. LSA will also review the potential for vehicle queues, the need for acceleration/deceleration lanes, and adequate sight distance at the project driveway(s). LSA will review the City's Municipal Code off-site parking requirements for the land uses proposed as part ofthe project and determine whether adequate parking will be provided on site. Task 2.4.6: Mitigation Measures. Based on the results of the Project Impact Assessment, mitigation measures (physical and/or operational) will be proposed to address impacts LSA 14 Proposal for Completion of on Initial Study for The Farm Specific Plan created by the project in the Existing, Cumulative, and Build Out conditions. Mitigation measures (if any) will be consistent with City Council Administrative Policy 111 (Fair Share Methodology). Task 2.4.7: Preparation of Traffic Impact Analysis A TIA will be prepared discussing the Existing, Cumulative, and Build Out (with and without the proposed project) conditions. Identification of intersection, roadway segment, and on-site improvements required to accommodate project development will be provided. References will be identified and included in the report as appropriate. A Draft TIA will be submitted to the City for review . Upon completion of the review, LSA will modify the draft report to address the City's comments and submit the Final TIA. Task 3.0: Preparation of the Initial Study Preparation of the IS will include two separate drafts, including a Screencheck/Draft IS and a Revised Screencheck/Draft IS. A Public Review Draft could be applicable once the CEQA document has been determined, but would not be required for an Addendum. The drafts of the IS, outlined in Tasks 3.1 and 3.2, will include the following: • The Project Description as outlined in Task 2.0 and approved by the City • A description of surrounding land uses and the project setting, with an emphasis on environmental resources that are unique to the City (e.g., agriculture, viewsheds, historical sites and structures, hillsides and ridgelines, and mature trees) • A discussion of any inconsistencies between the proposed project and the General Plan, Specific Plan, or any other applicable regional plans • An evaluation of potential cumulative environmental impacts, including a map of planned projects in the vicinity of the proposed project • A list of county, State, and federal agencies that have permitting authority over any aspect of the proposed project, and the type of permit required by that agency • A discussion of environmental impacts, including an analysis ofthose environmental criteria deemed to have a "Potentially Significant Impact," "Less than Significant Impact," or "No Impact" • Appendices containing technical documentation related to the IS analysis • A list of references to all pertinent materials or studies, and reports from the previously certified EIR for the Spieker CCRC project that were relied upon for preparation of the IS Task 3.1: Screencheck/Draft Initial Study. LSA will prepare a Screencheck/Draft IS and will submit the document to the City for review. The format will be based on City requirements and will also meet CEQA compliance procedures. The IS will incorporate the technical analyses identified in Tasks 2.1 through 2.4, any relevant technical information from the certified Spieker CCRC EIR, and the project data completed for the Farm Specific Plan. lSA 15 Proposal for Completion of an Initial Study for The Farm Specific Plan For the purposes of this scope and budget, LSA will respond to one round of comments from the City. The Applicant will review the IS drafts at the City's discretion. All comments must be consolidated and nonconflicting (i.e., LSA must receive one set of nonconflicting, consolidated comments per round). Deliverables: • Upon confirmation from the City, one CD-R disk in Microsoft Word format and two hard copies of the Screencheck/Draft IS, including all figures, exhibits, and appendices • A compiled draft document in Adobe Portable Document Format (PDF), including the Screencheck/Draft IS and all figures, exhibits, and appendices Task 3.2: Revised Screencheck/Draft Initial Study. LSA will respond to City comments on the Screencheck/Draft IS and will complete the necessary revisions in red line/strikeout format for ease in reviewing the changes to the Revised Screencheck/Draft IS from the previously submitted version of the document. LSA will prepare and submit the Revised Screencheck/Draft IS along with all applicable technical studies . At the time the Revised Screencheck/Draft IS is submitted to the City, LSA will make a recommendation as to the appropriate level of CEQA documentation for the project. The City will make the final determination of the documentation required. A new scope and budget approval will be required at the time the level of CEQA review is determined. Please see Approaches 1 through 4 under the Additional Environmental Documentation Required section below. Deliverables: • Upon confirmation from the City, one CD-R disk in Microsoft Word and Adobe PDF and three hard copies of the Revised Screencheck/Draft IS, including all figures, exhibits, and appendices • A compiled document in Adobe PDF, including the Revised Screencheck/Draft IS and all figures, exhibits, and appendices Task 4.0: Project Management and Attendance at Meetings This task represents an active project management role to supervise the project schedule and budget and to attend project meetings as necessary. The project management role provides a mechanism to ensure there is an adequate exchange of information during project initiation and preparation of the IS. This task includes notifying the City of problems as they are encountered and working expeditiously to resolve them. To facilitate the dissemination of information, LSA's Project Manager and Deputy Project Manager will maintain ongoing weekly verbal and email communication with City staff. The following project meetings are included in the proposed IS budget : • One orientation/kick-off meeting with City staff (approximately 1 hour) • Three project status/update meetings, as necessary (up to 5 hours total) LSA 16 Proposal for Completion of on Initial Study for The Farm Specific Plan Additional Environmental Documentation Required Based on the findings resulting from the analysis in the IS, LSA will recommend the preparation of one environmental document to comply with CEQA; an Addendum to the certified Spieker CCRC EIR, a Subsequent EIR (SEIR), a new project EIR, or a new project MND. Once the City makes a decision based on LSA's recommendation, only one of these documents will be prepared and the scope and budget can be refined. These options are described in more detail below in Approaches 1 through 4 . Preliminary Review LSA's preliminary review indicates that an Addendum or SEIR relying on the previously certified EIR for the Spieker CCRC project may be possible, depending on the level of environmental impacts ofthe proposed Farm Specific Plan Project. Because potential traffic impacts would be the likely trigger for an SEIR, LSA conducted a traffic sensitivity analysis of the Farm Specific Plan Project, described below. This analysis was only used to test the project's traffic impacts compared to the previously certified EIR and is not a complete analysis as required under CEQA . The currently proposed 180 single-family detached homes (SFD) would generate 135 a.m. peak- hour trips, 180 p.m. peak-hour trips, and 1,714 average daily trips (ADT). The Farm Specific Plan Project constitutes a net increase of 46 a.m. peak-hour trips and 83 p.m. peak-hour trips, with a decrease of 45 ADT, compared to the previously contemplated Spieker CCRC EIR project. Using the certified EIR's existing traffic count data (December 2013) and the cumulative project information from the Spieker CCRC project, LSA calculated the existing (2013) plus Farm Specific Plan Project (180 SFD) and the cumulative plus project peak-hour and daily volumes for the study area intersections and roadway segments. Traffix software was then used to evaluate the peak-hour intersection LOS based on the ICU and the HCM 2000 methodologies. The LOS for the roadway segments was then determined using the City's appropriate daily capacities by facility type. Based on this preliminary analysis, LSA believes there would be no significant impacts to intersections or roadways with the proposed Farm Specific Plan Project of 180 SFD. However, this analysis is based on traffic count data more than 3.5 years old and does not take into account whether traffic volumes have changed in the project vicinity. In addition, this traffic sensitivity analysis used Traffix software; the updated HCM 2010 methodology and the Synchro Version 8 software should now be used for any current intersection analysis . Therefore, these resu.lts cannot be guaranteed for the proposed project, but have allowed LSA to "test" the project against the previous project's traffic conclusions. In summary, LSA believes that a new EIR is not necessary, and an Addendum, SEIR, or MND (Approaches 1, 2, or 3, described below) would be the appropriate documentation. However, the City may also want to consider the controversy associated with the proposed project in determining whether an Addendum is the appropriate approach. The SEIR and MND allow for greater public scrutiny of the proposed Farm Specific Plan Project. As indicated for preparation and review ofthe IS, the applicant's review of all working documents shall be at the discretion of the City. LSA 17 Proposal for Completion of an Initial Study for The Farm Specific Plan Approach 1 : Addendum to Previously Certified Environmental impact Report State CEQA Guidelines Section 15164 state that an Addendum to an EIR shall be prepared, "if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a Subsequent EIR have occurred." Section 15162 of the State CEQA Guidelines identifies the criteria that would lead to the need for an SEIR . Subsection 15162(a)(1) states that, "substantial" changes are those changes that are proposed in the new project that would require "major" revisions of the previous EIR due to new significant environmental effects or a "substantial increase in the severity of previously identified significant effects ." Therefore, if the findings in the IS analysis conclude that the proposed Farm Specific Plan Project would not result in new significant unavoidable impacts, or more severe significant impacts than were analyzed in the Spieker CCRC EIR, then an Addendum to that EIR could be prepared. An explanation of the reasons an SEIR was not prepared should be included in the Addendum, supported by substantial evidence. This is the reason that technical studies have been recommended as part of the IS. LSA will rely on all technical work conducted as part of the IS to prepa re the Addendum, as well as applicable technical work from the previously certified EIR, to the extent feasible. This will result in the most expeditious and cost-effective results. Screencheck Draft Addendum. The Screencheck Draft Addendum will compare the Farm Specific Plan project to the certified Spieker CCRC project to determine whether the new project would result in any substantial changes. This requires preparation of a completely new document in Addendum format. The Screencheck Draft Addendum will be submitted to City staff in Microsoft Word and Adobe Acrobat PDF for review. In addition, LSA will provide five hard copies of the Screencheck Draft Addendum for review. No more than one round of review and comment are assumed, with no substantial new comments or new analysis required for the second round of revisions . Public Review. Per Subsection 15164(c) of the State CEQA Guidelines, an Addendum need not be circulated for public review and would require no response to comments . Some jurisdictions circulate an Addendum for public review and comments to avoid claims that the public is being kept out of the environmental review process. However, this scope of work does not include circulation of the Addendum for public review or responding to public or agency comments. Circulation of the document and preparation of responses to public comments can be included as an amendment to this contract. Draft Addendum. LSA will revise the Screencheck Draft Addendum in response to the consolidated set of comments received from City staff, and will submit the proposed Draft EIR Addendum for Planning Commission recommendation and City Council approval. At this time, LSA will also prepare a revised and updated Mitigation Monitoring Reporting Program, as necessary . LSA will provide 20 hard copies of the proposed Draft EIR Addendum to City staff. The Draft EIR Addendum will be provided to the City in Microsoft Word and Adobe Acrobat PDF. LSA 18 Proposal for Completion of an Initial Study for The Farm Specific Plan Final Addendum. Because CEQA does not require public review of an Addendum to an EIR once approved by the City Council, a Final Addendum will be provided to the City. The Final Addendum will become part of the administrative record to be kept on file with the Spieker CCRC EIR for future discretionary approvals. LSA will provide five hard copies of the Final EIR Addendum to City staff. The Final EIR Addendum will be provided to the City in Microsoft Word and Adobe Acrobat PDF. Notice of Determination. Upon adoption of the Final Addendum, LSA will provide the City with the Notice of Determination (NOD) for submission to the Orange County Clerk. Though LSA will prepare the NOD, it is the City's responsibility to file the NOD and pay the appropriate filing fees with the Orange County Clerk. Failure to file the NOD within 5 business days of project approval will substantially increase the period in which the project approval may be legally challenged. It will be the City's responsibility to pay any applicable NOD fees, including California Department of Fish and Wildlife filing fees, if applicable. Project Management/Attendance at Meetings. Similar to the Project Management function for preparation of the IS, this task provides a mechanism to ensure there is adequate exchange of information during project start-up and preparation of the Addendum. Effective project management is required to maintain the project schedule, oversee the budget, and coordinate efforts with technical authors. LSA staff will attend one Planning Commission hearing and one City Council hearing. A total of two meetings have been budgeted in this scope of work. Approach 2: Subsequent Environmental Impact Report Under State CEQA Guidelines Section 15162, an existing EIR can be relied upon if a subsequent project will not result in new significant unavoidable impacts and will not substantially increase unavoidable impacts that were addressed in the existing EIR. Substantial changes are those changes that are proposed in the new project that would require "major'' revisions of the previous EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The IS prepared by LSA will answer these two questions: • Have any new significant unavoidable impacts been identified that were not identified in the previous, certified EIR? • Are there any significant unavoidable impacts identified in the updated analysis that are substantially more severe than those identified in the previous, certified EIR? If the answer to either of the above questions is "yes," an SEIR must be prepared. If the answer to both of the above questions is "no," an SEIR is not required and an Addendum would be the appropriate documentation (Approach 1). Upon completion ofthe IS, if it is found that the proposed project would result in new significant unavoidable impacts or more severe significant impacts compared to the Spieker CCRC EIR, then an SEIR would be prepared. LSA 19 Proposal for Completion of on Initial Study for The Farm Specific Plan Similar to Approach 1, LSA would rely on the technical work conducted as a part of the IS (Task 2.0) to prepare the SEIR, as well as any applicable technical work from the previously certified Spieker CCRC EIR. Preparation of an SEIR would require the following tasks. Notice of Preparation and Scoping. After completion of the IS, LSA will prepare a Notice of Preparation (NOP) for the proposed project per Section 15082 of the State CEQA Guidelines. The NOP will include a Project Description, the topics to be evaluated in the SEIR, and the process for completing the SEIR. LSA will revise the NOP in response to the City's comments and will finalize the notice for public review. LSA will copy and distribute up to 20 hard copies and 50 electronic copies (on COs) of the IS/NOP. LSA will distribute the IS/NOP to the Office of Planning and Research (OPR), responsible and trustee agencies, and interested parties identified on the City's mailing list. The City will be responsible for placing an ad in a local newspaper and posting the IS/NOP on the City's website. LSA, in consultation with the City, will hold a public scoping meeting during the 30-day NOP public review period . Although City staff will administer the scoping meeting, LSA staff will be available to provide explanations of the CEQA process and answer questions related to the scope of the SEIR. Screencheck SEIR. LSA will prepare a Screencheck SEIR for review by the City in accordance with the requirements of CEQA and the State CEQA Guidelines. The document will contain all applicable environmental components required by CEQA, including Introduction, Background, Project Description/Characteristics/Phasing, and Discretionary Approvals; Setting, Impacts (Project and Cumulative), Mitigation, and Level of Significance; and mandatory CEQA topics (e.g., Growth Inducement, Alternatives, Lists of References, Persons Consulted, and EIR Preparers). The Executive Summary impact table and draft Mitigation Monitoring and Reporting Program (MMRP) will not be provided with the Screencheck SEIR, but will be submitted for review with the Draft SEIR once the level of environmental impacts is agreed upon and the mitigation measure language is close to being finalized. The SEIR that is submitted to the City will be in screencheck form, reflecting LSA internal review and quality control. The SEIR will compare the existing setting to the post-project environmental setting, and will discuss how potential impacts of the Farm Specific Plan Project differ from those analyzed in the Spieker CCRC EIR. Each topic in the Screencheck SEIR will include a discussion of the existing setting; thresholds of significance; project analysis; cumulative impacts; mitigation measures, if necessary; and level of significance after mitigation. Each section will discuss the potential short- term environmental impacts associated with project construction, the long-term effects associated with project operation, and the cumulative impacts associated with implementation of the proposed project. LSA proposes to analyze a maximum ofthree alternatives, which will include the No Project/No Development Alternative as required by CEQA, as well as two other alternatives developed during the environmental analysis process. The Alternatives section will also include a statement identifying the environmentally superior alternative . lSA Proposal for Completion of on Initial Study for The Farm Specific Plan The Screencheck EIR will be submitted to the City without the Executive Summary or the MMRP . After reviewing the Screencheck EIR, LSA will respond to comments and will prepare a second Screencheck SEIR. Additional budget may be necessary if the review exceeds two rounds or if LSA receives multiple sets of comments. Draft SEIR. After receiving comments from the City on the second Screencheck SEIR, LSA will make necessary revisions to the document, including completing the Executive Summary impact table and the Draft MMRP. LSA will provide two preprint versions of the Draft SEIR to City staff for a limited final review before printing the Draft SEIR. The purpose of this review will be to review the entire document with all appendices, technical reports, and the MMRP, and to verify that the City is satisfied with the Draft SEIR. Before completing the Draft SEIR, LSA will work with the City to update the distribution list for the NOP, as needed; compile the distribution list; and prepare a draft Notice of Completion (NOC) for City review and signature and a draft public Notice of Availability (NOA) ofthe Draft SEIR. The City will be responsible for coordinating noticing requirements, including publication of notices in news publications and on the City's website. Reproduction and distribution of the NOC and Draft SEIR to the State Clearinghouse and Responsible Agencies and of the NOA to interested parties will be completed by LSA. In order to reduce reproduction and distribution, copies of the Draft SEIR and appendices will primarily be provided on CD-ROM as PDF files. LSA will provide 5 hard copies and 10 electronic copies of the Draft SEIR to the City in addition to the 15 copies of the Draft SEIR required to be sent to the State Clearinghouse, which will be produced on CD-ROM as a PDF accompanied by 15 hard copies of the Executive Summary. In addition, LSA will distribute one hard copy of the complete Draft SEIR and appendices to the local library for public review. Final SEIR. The Final SEIR will consist of three volumes . The Draft EIR and technical appendices will constitute Volumes I and II, and the documentation described below will be included in Volume Ill. Staff reports, resolutions, Findings, and the Statement of Overriding Considerations (SOC) (if necessary) related to the proposed project and EIR will be prepared by the City. At the City's request, LSA can provide a separate cost estimate for the preparation of the draft Findings and SOC. Response to Comments. During the public review period, the LSA Team will prepare responses to comments on the Draft SEIR as received. LSA will work with the City and with technical report consultants to determine responsibilities for preparing the responses. Comments will be grouped by topic and subtopic. General responses will be prepared for significant repetitive comments. LSA's objectives for the responses to comments are to (1) be aggressive in establishing the strategy and determining responsibilities in order to maintain the schedule and minimize later revisions; (2) prepare a document that is well organized and usable by all parties, including the public; and (3) adequately respond to all comments. Although the focus of the response will be on those comments that are truly subject to CEQA review, LSA will also endeavor to answer all questions in an informative manner. Providing a budget estimate for responding to comments on the Draft SEIR is extremely difficult because it is impossible to predict the volume and nature of the comments . The LSA 21 Proposal for Completion of an Initio/ Study for The Farm Specific Plan following estimate is based on LSA's knowledge of the project and projections of the volume and nature of the comments received . Significant new analysis is not included in this task at this time. LSA has allocated 120 hours of professional staff time and 40 hours of word processing time to organize, prepare, and compile the Response to Comments document. However, this estimate may need to be revisited once comments are submitted and reviewed by the City and LSA and their actual number and nature are known . Following finalization of the Response to Comments, LSA will provide the City with two copies of the Response to Comments. Mitigation Monitoring and Reporting Program (MMRP}. Following City review of the Response to Comments, LSA will provide the City with two copies of the Response to Comments document and will distribute the document in PDF on COs to any agency that submitted written comments on the Draft SEIR. As part of the Final SEIR, LSA will prepare a Final MMRP pursuant to CEQA Public Resources Code Section 21081.6. The Final MMRP is intended to ensure compliance with mitigation measures through project completion and during any monitoring that may be required after project completion. The Final MMRP will contain an inventory of mitigation measures, timing for implementation (e.g., before issuance of grading permits), the responsible staff or agency assigned to monitor the condition, and a compliance/noncompliance statement. The approved Final MMRP will be attached to resolutions for consideration by the Planning Commission and the City Council. Project Management/Attendance at Meetings. Similar to all Project Management functions, this task is required to maintain the project schedule, oversee the budget, and coordinate efforts with technical authors. Weekly or biweekly project team calls are also recommended . LSA staff will attend up to two public hearings during the City's consideration of the Final SEIR. Following the City's certification of the SEIR, LSA will prepare and file an NOD with the Orange County Clerk and State Clearinghouse. Failure to file the NOD within 5 business days of project approval will substantially increase the period in which the project approval may be legally challenged. The City or the Applicant will provide a check for all necessary filing fees to be submitted to the Orange County Clerk. Approach 3 : New Environmental Impact Report If none of the criteria in State CEQA Guidelines Sections 15162 or 15164 are met, which would require preparation of an SEIR or Addendum, respectively, the Lead Agency may choose to prepare a new project EIR. Although this option is requested in the Request for Proposals (RFP), LSA does not recommend Approach 3 at this time. The tasks for preparation of a project EIR mirror the tasks for preparation of an SEIR, outlined above as Approach 2. The primary difference is that the SEIR will be analyzing the proposed Farm Specific Plan Project as compared the previously proposed Spieker CCRC, while the project EIR will analyze the Farm Specific Plan Project with no comparative analysis to the previously proposed project. LSA 22 Proposal for Completion of on Initial Study for The Farm Specific Plan Approach 4: New Mitigated Negative Declaration Similar to Approach 3, if none of the criteria in State CEQA Guidelines Sections 15162 or 15164 are met, which would require preparation of an SEIR or Addendum, respectively, the Lead Agency may choose to prepare a new MND as long as all environmental impacts can be reduced to a less than significant level with mitigation . LSA will rely on the completed IS and the technical work conducted as a part of the IS (Task 2.0) to prepare the MND. Preparation of a new MND would require the following tasks . Screencheck Draft IS/MND. Once the City has determined an MND may be prepared for the proposed project, LSA will prepare a comprehensive Screencheck Draft IS/MND using the City's latest format consistent with CEQA. The Screencheck Draft IS/MND will contain a detailed Project Description, a discussion of the project geographical setting, and exhibits to enhance the analysis and clarify project impacts. The Screencheck Draft IS/MND will incorporate the findings ofthe technical studies prepared for the IS . The Screencheck Draft IS/MND will use any existing environmental reports and information to the greatest extent practical to minimize cost and delay. LSA will provide up to two electronic (PDF and/or CD-ROM) copies of the Screencheck Draft IS/MND to the City for review and comment. For the purposes of this scope and budget, LSA will respond to one round of comments from the City. LSA will prepare a Draft Notice of Intent (NOI) to adopt the IS/MND pursuant to Section 15072(a) of the State CEQA Guidelines. LSA will also prepare a distribution list for review and comment by City staff. Draft IS/MND. LSA will submit up to one electronic (PDF and/or CD -ROM) copy of the Draft IS/MND to City staff for a limited review prior to printing. The purpose of submitting this pre print version will be to review the changes to the document during the second round of comments, resolve any remaining questions that arise from comments, and verify that the City is satisfied with the overall Draft IS/MND . Once the Draft IS/MND and NOI are approved for public review, LSA will submit three printed and bound copies and 10 electronic (PDF and/or CD-ROM) copies ofthe Draft IS/MND (including all technical appendices) to the project team. LSA will also be responsible for distributing up to 20 copies of the Draft IS/MND on CD -ROM for public review. The document will be distributed via an overnight delivery service (with delivery confirmation) and/or United States Postal Service (USPS) Certified Mail. USPS Certified Mail is only recommended for Post Office boxes. The City will be responsible for publication of the public notice in a general circulation newspaper. LSA will file the NOI with the Orange County Clerk to begin the required 30-day public review period . To ensure compliance with the State CEQA Guidelines, LSA will distribute 15 hard copies of the Draft IS/MND and will file an NOC with the State Clearinghouse. The City or the Applicant will provide a check for all necessary filing fees to be submitted to the Orange County Clerk . lSA 23 Proposal for Completion of an Initial Study for The Farm Specific Plan FinaiiS/MND. Following completion of the Draft IS/MND, LSAwill prepare an MMRP to implement the mitigation measures required in the IS/MND for the proposed project. LSA will submit up to one electronic (PDF and/or CD-ROM) copy of the draft MMRP for review by the City. For the purposes of the scope and budget, one round of review is assumed. Following review of the MMRP, LSA will revise the MMRP for its incorporation in the FinaiiS/MND (described further below). LSA will review the comment letters submitted on the Draft IS/MND as they are received during the public review period. After reviewing the comments, but prior to preparing the responses, LSA will discuss a strategy for the response document with the project team . Comments will be grouped by topic and subtopic, and general responses will be prepared for significant repetitive comments. Specific/individual responses will be prepared as needed. Providing a budget estimate for responding to comments on the Draft IS/MND is challenging because the volume and nature of the comments cannot be predicted . LSA has allocated 60 hours of professional staff time plus 24 hours of word processing time to organize, prepare, and compile the Response to Comments document. However, should additional time be required to respond to comments, a contract amendment may be necessary . LSA will submit one draft electronic (PDF or CD-ROM) copy of the Response to Comments document to the City for review. Following review of the draft Response to Comments, LSA will revise the document and submit a final printed copy of the Response to Comments document to the City. Public availability of the Response to Comments document will be the responsibility of the City. LSA will prepare the FinaiiS/MND, including the Response to Comments and the MMRP, and supporting documentation. LSA will submit one electronic copy (PDF and/or CD-ROM) of the preprint FinaiiS/MND for review by City staff. For the purposes of this scope and budget, one round of City review is assumed . Following the incorporation of City revisions into the Final IS/MND, LSA will submit up to two electronic (PDF and/or CD-ROM) copies of the FinaiiS/MND to the City. Project Management/Attendance at Meetings. Similar to all Project Management functions, this task is required to maintain the project schedule, oversee the budget, and coordinate efforts with technical authors. Weekly or biweekly project team calls are also recommended. LSA staff will attend up to two public hearings during the City's consideration of the Final IS/MND. Following the City's adoption of the IS/MND, LSA will prepare and file an NOD with the Orange County Clerk and State Clearinghouse. Failure to file the NOD within 5 business days of project approval will substantially increase the period in which the project approval may be legally challenged. The City or the Applicant will provide a check for all necessary filing fees to be submitted to the Orange County Clerk. LSA 24 Proposal for Completion of an Initio/Study for The Farm Specific Plan EXHIBIT B BUDGET LSA proposes to prepare the Initial Study (Tasks 1.0, 3.0, 4.0, and reimbursable expenses) for an estimated fee of $28,600, as shown in Table B. The budget estimate for technical analysis (Task 2.0) is $78,660, resulting in a total estimated fee of $107,260. Appendix A provides the tabular breakdown of all costs by position, hourly rate, task, and hours budgeted for each task as well as an estimated budget for each study described as Approaches 1 through 4: Initial Study, Addendum to the previously certified EIR for the Spieker CCRC project, Subsequent EIR, new EIR, and new MND. Table B: LSA Fee Estimate Task Fee Estimate Task 1.0: Project In itiation and Project Description $2,250 Task l.O: Project Initiation and Project Description Subtotal $2,250 Task 2.0: Technical Analyses - Task 2.1: Air Quality and Greenhouse Gas Emissions Memorandum $7,355 Task 2.2: Biological Resources Memorandum $5,315 Task 2.3: Noise Memorandum $6,995 Task 2.4: Traffic Impact Analysis $58,995 Task 2.0: Technical Analyses Subtotal $78,660 Task 3.0: Preparation of the Initial Study - Task 3.1: Screencheck/Draft Initial Study $12,150 Task 3.2: Revised Screencheck/Draft Initial Study $8,760 Task 3.0: Preparation of the Initial Study Subtotal $20,910 Task 4.0: Project Management and Attendance at Meetings $4,440 Task 4.0: Project Management Subtotal $4,440 Reimbursable Expenses $1,000 Total $107,260 LSA 31 Proposal for Completion of on Initial Study for The Farm Specific Plan Table C shows fee estimates for the required additional environmental documentation that will be determined following preparation ofthe IS . As such, the fee estimates in Table Care intended to provide the City an indication of the fees for such levels of environmental documents . Therefore, fee estimates in Table C will be re-evaluated at the completion oftasks associated with preparation of the IS. Table C: Additional Environmental Documentation Fee Estimate Task I Fee Estimate Approach 1: Addendum to Previously Certified Environmental Impact Report $36,000 Approach 2: Subsequent Environmental Impact Report $121,000 Approach 3: New Environmental Impact Report $121,000 Approach 4: New Mitigated Negative Declaration $56,000 LSA 32 Proposolfor ttomplerion of on /nih'al Study for The Farm Spe.clflc Plan LSA APPENDIX A BUDGET SPREADSHEETS Proposal for Completion of an Initial Study for The Farm Specific Plan LSAAssoeiEs,/nc:, J>Toposal P"'Jiared tar The Farm Speclfk Plan . - Task 3.2: Revised ScreenchecJVDraft IS [ask 4: Project P!oj«tTotal !Task 2 : Technical Analyses Task 2.1 : Air Quality/GHG Emissions Task 2.2: BiologiEal Resources Task 2.3: Noise I k Task 2.4: Traffic Impact echnlcal Tasks Total I I Initia l Study Tedlnicall ==I Environmental ~~~~~~~-·~···S~taff~ Staff Planner 10 6 16 34 I o 4 4 4 24 36 0 0 r 0 .1 0 1 0 16 36 12 20 16 32 90 180 134 268 I I I I I 30 20 8 I 62 I • ' 2 2 2 2 8 50 40 98 I 2 2 2 2 8 Total 4 I 4 1 8 1 2 Is 500 r ym 121L 26_ 2 $ soo : = 16 16 0 4 4 4 8 20 1 1 1 ""'lTs" "'41$ ~ 20,400 7.B s:ii5 6.995 58,!1115 ,.., 1·s 107.2!ill I I I I I I ~one environmental document outlined In a.---s 1 through 4 would ultimately be required. BudgetS"" ---1-4 assume that the aboveU!Chlcal studies (Tasks 2.1 through2.4) have been completed. Approa ch 1.: Add endum to Previously Certified El R Awroach 2: Subsequent EI R IApprooch 3; New EIR 'N~M ND Notl!: BiDing rate breakdown by job dassificatlon would IN! provided upon IS = Initial Study EIR =Environmental Impact Report MND = Mitigated Negative Declaration GHG =greenhouse gas GIS= geographic information system LS·i A , of the A-1 ~ -l21,000 Ul.IICIO 56,000 Proposal for Completion of on Initial Study for The Farm Specific Plan Proposal Prepared for the Farm Specific Plan Budget Spreadsheet Approach 1: Addendum to Previously Certified EIR Task Task 1: Screencheck Draft Addendum Task 2: Draft Addendum Task 3: Final Addendum/NOD Task 4: Project Management and Meeting Attendance EIR = Enwonment all m pact Report NOD = No tice of De term ination Project Total Proposal Prepared for the Farm Specific Plan Budget Spreadsheet Approach 2: Subsequent EIR Task Task 1: Notice of Preparation/Seeping Task 2: Screencheck Draft Subsequent EIR Task 3: Draft Subsequent EIR Task 4: Final Subsequent EIR (includes Response to Comments) Task 5: Project Management and Meeting Attendance Project Total EIR =Environme ntal Impact Report LSA Fee Estimate $20,000 $8,500 $3,500 $4,000 $36,000 Fee Estimate $7,500 $50,000 $30,000 $26,000 $8,500 $122,000 Proposal for Completion of an Ini tial Study for The Farm Specific Plan Proposal Prepared for the Farm Specific Plan Budget Spreadsheet Approach 3: New EIR Task Task 1: Notice of Preparation/Seeping Task 2: Screencheck Draft EIR Task 3: Draft EIR Task 4: Final EIR Task 5: Project Management and Meeting Attendance Project Total EIR =Environmental Impact Report Proposal Prepared for the Farm Specific Plan Budget Spreadsheet Approach 4: New MND Task Task 2: Screencheck Draft MND Task 3: Draft MND Task 4: Final MND Task 5: Project Management and Meeting Attendance Project Total MND =Mitigated Negative Declaration LSA A-3 Fee Estimate $7,500 $50,000 $30,000 $26,000 $8,500 $122,000 Fee Estimate $28,000 $15,000 $7,000 $6,000 $56,000 Proposal for Completion of an Initial Study for The Farm Specific Plan PROJECT SCHEDULE Based on LSA's understanding of the proposed project, Table A reflects the schedule for both the IS and additional environmental documentation that would subsequently be required. LSA will agg r essively endeavor to keep the project on track. LSA also commits to providing sufficient staff to be available for assignment to the Addendum . The schedule reflects a best effort to complete the project in a timely manner, while at the same time providing the time and attention necessary to ensure that the highest-qual ity analysis and products are received. Table A: Proposed Schedule Task I Time Estimate Initial Study Task 1.0: Project Initiation and Project Description Preparation of Project Description 1 week Task 2.0: Technical Analyses' Task 2.1: Air Quality and Greenhouse Gas Emissions Memorandum 4 weeks Task 2.2: Biological Resources Memorandum 4 weeks Task 2.3: Noise Memorandum 4 weeks Task 2.4: Traffic Impact Analysis 6 weeks Task 3.0: Preparation of the Initial Study Task 3.1: Screencheck/Draft Initial Study 4 weeks City Review of Screencheck/Draft Initial Study 2 weeks Task 3.2: Revised Screencheck/Draft Initial Study 2 weeks City Review of Rev ised Screencheck/Draft Initial Study 0.5 week Decision regarding appropriate CEQA documentation 0 .5 week Public Review Draft Initial Study Dependent upon the level of CEQA documentation and would occur simultaneously with appropriate noticing requirements (not required for an Addendum) Preparation of Response to Comments and Final Draft Initial Study To be completed as part of the appropriate CEQA document (not required for an Addendum) Total Initial Study Schedule 14 weeks Additional Environmental Documentation Required (only one Approach required) Approach 1: Addendum to Previously Certified Environmental Impact 2 to 3 months Report Approach 2: Subsequent Environmental Impact Report 12 months Approach 3: New Environmental Impact Report 12 months Approach 4: New Mitigated Negative Declaration 6 to 9 months I Preparat1on ofTechn1 cal An alyses would occur con currently w1th preparation of th e ln1t1al Study. CEQA =California Env i ronm ental Qualit y Act LSA CITY OF SAN J UAN CAPISTRANO REQUEST FOR LETTER PROPOSALS FOR COMPLETION OF AN INITIAL STUDY (IS) TO DETERMINE IF THE PROPOSED PROJECT QUALIFIES FOR AN ADDENDUM TO A PREVIOUSLY CERTIFIED EIR (SPIEKER CONTINUING CARE RETIREMENT COMMUNITY), SUBSEQUENT EIR OR MITIGATED NEGATIVE DECLARATION, OR A NEW MITIGATED NEGATIVE DECLARATION OR EIR. GENERAL PLAN AMENDMENT (GPA) 16-001 THE FARM SPECIFIC PLAN SAN JUAN CAPISTRANO E-MAIL YOUR PROPOSAL BY 4:30 PM ON THURSDAY, SEPTEMBER 7, 2017 TO: 1. INTRODUCTION City of San Juan Capistrano Attn: Art Bashmakian, Contract Planner Development Services Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 abashmakian@sanjuancapistrano.org (949) 487-4314 The City of San Juan Capistrano is soliciting proposals for the preparation of one environmental document for a General Plan Amendment and Specific Plan including an Initial Study (IS) for up to 180 unit residential development on a 35 acre site to determine if the project qualifies for an Addendum to a previously certified EIR( Spieker Continuing Care Retirement Community), a Subsequent EIR or Subsequent Mitigated Negative Declaration, or a new Mitigated Negative Declaration or EIR for the current project. Issued August 17, 2017 ATTACHMENT 2 Request for Proposals (RFP) The Farm Specific Plan and GPA 16-001 2 City of San Juan Capistrano The Spieker Continuing Care Retirement Community project was approved and the EIR was certified by the City Council on October 21, 2014. Among other discretionary actions, this project involved a General Plan Land Use designation change from Agri- Business to Specific Plan/Precise Plan and a Zone Change from A -Agri-Business District to Specific Plan/Precise Plan The approved project involved 407 independent living units with amenities for persons not requiring daily assistance and a 101-unit health care center for residents needing daily assistance including memory support or direct medical assistance on a 35 acre site. Following the November 2014 elections, the City Council, on December 16, 2014 overturned the approval of the project. The action reverted the General Plan Land Use Designation back to Agri-Business but the zone change did not revert back and it remains today as Specific Plan/Precise Plan without an actual development plan. In order to accommodate the new project, the General Plan land use designation is again proposed to be changed to "Specific Plan/Precise Plan". The, project will also entail an actual specific plan/precise plan with content. 2. SCOPE OF WORK The Scope of Work requirements for the proposed project is provided in Attachment 1. 3. PROPOSAL REQUIREMENTS Consultant proposals will include a transmittal letter including a statement of understanding of the scope of the project, the general methodology/approach to be used, a description of the firm 's background and experience. The Letter Proposal shall be signed by an individual authorized to bind the consultant and shall contain a statement that the proposal is valid for at least a 90-calendar day period. The proposal will also include the following: 3.1 A proposed scope-of-work (SOW), consistent with the City's SOW requirements, including a description of the specific work tasks that will be completed and work products that will be produced. 3.2 A list of similar projects completed by the project manager and key staff to be used on this project. 3.3 One-page resume of the project manager highlighting that individual's relevant experience, skills, and education. 3.4 Project Schedule. 3.5 Total project budget and not-to-exceed cost including a tabular breakdown of all costs by position, hourly rate, task, and hours budgeted for each task as well as any reimbursable costs (i.e. travel, meeting attendance, copying, etc.). The proposed budget may include optional tasks/budget items which may not be critical to achieving the base scope of work but could be beneficial in Request for Proposals (RFP) The Farm Specific Plan and GPA 16-001 3 City of San Juan Capistrano strengthening the overall analysis in the Initial Study. 3.6 The proposal should include individual costs for: A. Initial Study B. Addendum to the previously certified EIR for the Spieker Continuing Care Retirement Community (should one ultimately be required) C. New or Subsequent Mitigated Negative Declaration (should one ultimately be required) D. New or Subsequent EIR (should one ultimately be required) 4. PROPOSAL SUBMISSION Interested firms or persons should submit their proposal in pdf format (600 dpi resolution, color or black & white) by e-mail to abashmakian@sanjuancapistrano.org in the Development Services Department, City of San Juan Capistrano by the time and date indicated on the coversheet of this RFP. 5. SELECTION PROCESS City staff will review the Letter Proposals pursuant to City Council Consultant Selection Policy with particular emphasis on the following factors consistent with the City's adopted Purchasing Policies and Procedures to select the most qualified consultant: 5.1 A proposed SOW including a description of the specific work tasks that will be completed and work products that will be produced. 5.2 Completeness of proposal. 5.3 Firm's experience and resources . 5.4 Professional qualifications of key personnel. After evaluation of the proposal the City will select the most qualified consultant with whom to negotiate an agreement to provide the consulting services through the completion of the Project. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the respective proposals received. 6. AGREEMENT /INSURANCE REQUIREMENTS The consultant selected for the study will be required to execute a standard City of San Juan Capistrano Personal Services Agreement (Attachment 2). Proposals will include a statement that the submitting firm/person is amenable to all provisions in the City's standard agreement. If a proposing firm/person takes exception to any of the terms in the Personal Services Agreement, the firm/person must notify the City of their specific issue(s) as soon as possible and determine whether the provision may be modified. Request for Proposals (RFP) T he Farm Spec if ic Plan a nd GP A 16-001 4 C ity of San Jua n Cap istran o Insurance and indemnification requirements are not negotiable. 7. CITY'S RIGHTS The City may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by a proposer, and require additional evidence of qualifications to perform the services described herein. The CITY reserves the right to: 7.1 Reject any or all of the proposals and issue a subsequent Request for Proposals. 7.2 Cancel the entire Request for Proposal. 7.3 Remedy technical errors in the Request for Proposal process. 7.4 Appoint an evaluation committee to review proposals. 7 .5 Seek the assistance of outside technical experts in proposal evaluation . 7.6 Approve or disapprove the use of particular subcontractors. 7.7 Award a contract to one or more proposers. 7.8 Waive non-substantive errors or irregularities in proposals. This RFP in no way commits the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in the preparation and submission of proposals or in anticipation of a contract. 8. PUBLIC RECORDS ACT Responses to this RFP become the exclusive property of the City and subject to the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in Civil Code section 3426.1 (d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Proposers which indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive . In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", the proposer agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorneys' fees, in any action or liability arising under the Public Records Act. 9. QUESTIONS Request for Proposals (RFP) The Farm Specific Plan and GPA 16-001 5 City of San Juan Capistrano Questions regarding this RFP should be sent in writing to Art Bashmakian, Contract Planner via e-mail to: abashmakian@sanjuancapistrano.org. Questions concerning information already contained in the RFP will be answered in writing and provided to all firms who have been sent the RFP or have advised the City's project manager that they are preparing a proposal. Questions requiring clarification or additional information may be addressed in an addendum to this RFP. All City correspondence involving questions and answers related to this RFP, will be provided to all other known proposers. Attachments: 1-Project Description & Scope of Work Requirements 2-Standard City Professional Services Agreement (PSA) 3-D raft Specific Plan from the applicant for reference SCOPE OF WORK REQUIREMENTS FOR THE PREPARATION OF AN IN ITI AL STU DY (I S) TO DETERMINE IF THE PROJECT QUA LI FIES FOR AN ADDENDUM TO TH E PREV IOUSLY CER T IFIED EI R (S P IEKE R CO NTIN UING CARE RETIREME NT COMM U NI T Y), SUBSEQUENT EIR OR SUBSEQUENT MITIGATED NEGATIVE DECLARATION. OR A NEW MITIGATED NEGATIVE DECLARATION OR EIR FOR GENERAL PLAN AMENDMENT (GPA) 16 ~001 , THE FARM -TO AMEND THE LAND USE DESIGNATION FROM AGRI-BUSINESS TO SPECIFC PLAN/PRECISE PLAN TO ACCOMMODATE UP TO 180 UNIT RESIDENTIAL DEVELOPMENT The Initial Study for the proposed project will provide an analysis and identification of potentially significant, adverse, environmental impacts of the proposed modification to the previous project consistent with the provisions of the California Environmental Quality Act and the City's adopted Environmental Review Guidelines. 1. PROJECT DESCRIPTION 1.1. Project Location: The project is located in the City of San Juan Capistrano in Southern Orange County. The proposed project is located on approximately 35 acres at 32382 Del Obispo Street. The site is currently vacant, but until 2014, it was a commercial nursery site containing an Armstrong Garden Center and a regional distribution and growing facility that contained several green houses, growing areas, storage sheds, office space for employees, and associated facilities . The project site is generally bordered to the west by Del Obispo Street, to the east by Alipaz Street, to the south by Via Positiva and Kinoshita Elementary School, and to the north by a 55+ mobile home park community and a church with K-8 private academy. 1.2. Project Description: The proposed GPA 16-001 amends the City's General Plan Land Use Designation of the project site from Agri-Business to Specific Plan/Precise Plan to accommodate up to 180 residential units on a 35 acre site. The project is a master-planned community which would also include walking/riding trail that would lead from Del Obispo Street to the Ecology Center located on Alipaz Street (see attachment). A detailed project application is yet to be submitted which would act as the project description for CEQA purposes. Recognizing the lack of a precise project description at the time of the RFP, a prospective consultant should rely on the general description and the information from the previous EIR to generate an adequate proposal. 1.3 Project Background: From approximately 1938 to 1975, the land was used for citrus and other agricultural production . In approximately 1975 , the site began a transition from traditional in-ground agriculture production to use as a plant and material warehousing, growing and distribution center. In 1994, the 1 then current tenant paved large portions of the site to facilitate construction of commercial glass greenhouses and loading docks for tractor trailer distribution vehicles. No portion of the site has been used for in-ground agriculture production since 1998. In 2014 the Agricultural tenant relocated to another County where agricultural uses were more productive and infrastructure of both water and work force was available. The site was previously approved (October 21, 2014) for a Continuing Care Retirement Community Project consisting of 407 independent living units with amenities for residents not requiring daily assistance and a 101 unit health care center for residents needing daily assistance including memory support or direct medical assistance. An EIR was prepared and certified for this project. However, Council overturned the approval of this project on December 16, 2014. 1.3. Discretionary Actions: Project implementation will necessitate approval of the following discretionary actions: General Plan Amendment, Specific Plan, Tentative Parcel Map, Architectural Control, and grading plan modification. Additionally, a development agreement will be executed between the City and the developer. 1.3.1 General Plan Amendment The General Plan land use designation of the site will be amended from Agri-business to Specific Plan/Precise Plan. 1.3.2 Specific Plan A specific plan will establish the land use and development plan for the site. 1.3.3 Lot Line Adjustment To move the lot lines and entirely contain an existing commercially developed area separate from the project area. . 1.3.4 .Development Agreement identifying the terms, conditions, and regulations for the development of the Property; and identifying Developer's obligations to make certain public improvements or the payment of fees, associated with the Project. 2. TECHNICAL STUDIES/REPORTS: The consultant will review the proposed project and determine if any additional technical studies/reports are required to be prepared in order to determine if the project qualifies for an Addendum to the previously certified EIR, Subsequent EIR or Mitigated Negative Declaration, or a new Mitigated Negative Declaration or EIR. The City will provide the consultant with the Final EIR for the Continuing Care Retirement Community project. 3. CONTENTS OF THE SCREENCHECK DRAFT INITIAL SUTYD (IS). The contents of the screencheck draft Initial Study shall be consistent with all applicable 2 prov1s1ons of the California Environmental Quality Act and include all information required by the CEQA environmental checklist with details as follows: A. Project Description: The project description shall provide, at a minimum, the following information : 1. The precise location and boundaries of the proposed project shown on a detailed topographic map, preferable a USGS seven and one- half minute quadrangle. The general location of the project depicted on a regionally-scaled or County map. 2 . A statement of the project's proposed objectives. 3 . A general description of the project's technical, economic, and environmental characteristics, considering the primary engineering proposals if any, and supporting public service facilities. 4 . A statement of the intended of uses of the initial study (IS) including a list of the public agencies which are expected to use the initial study (IS) in their decision-making, and a list of the public agency discretionary approvals being sought. 5 . The name or title of the proposed project and the name and address of the project proponent(s). 6 . A brief description of the existing and proposed land uses, Zoning Map classifications, and General Plan Land Use designations. B. Surrounding Land Use & Project Setting: This section shall contain a description of the natural and built environment in the vicinity of the project site as it exists without implementation of the project and from both a local and regional perspective. Special emphasis shall be placed on environmental resources that are rare or unique to the City of San Juan Capistrano especially with respect to viewsheds, historical sites and/or structures, hillsides/ridgelines, and mature specimen trees. This section will include a general discussion of any inconsistencies between the proposed project and the General Plan or any regional plans (e.g. SCAQMD Regional Air Quality Management Plan, Orange County Transportation Authority (OCTA) Master Plan of Streets & Highways, Southern California Association of Governments (SCAG) Regional Mobility Plan). This section will also include a brief description and accompanying map of planned projects (public and private) in the vicinity for the purpose of evaluating potential, cumulative environmental impacts. Finally, this section will include a description of existing surrounding land uses and an area map depicting the location of surrounding uses in relationship to the project site. 3 c . Other Required Agency App rovals: This section shall contain a list of County, State, and Federal agencies with permitting authority over any aspect of the project, a brief statement as to the basis of permitting authority, a statement as to the specific project aspect requiring such permitting, and the type of permit required by that agency (e.g. Caltrans encroachment permit or plan approval; Orange County Flood Control District encroachment permit or plan approval; Department of Fish & Game Section 1600/1601 Streambed Alteration Agreement; US Army Corps of Engineers Section 404 permit; etc.). D. Discussion of Environmental Evaluation: This section will include a discussion of the potentially significant environmental impacts, mitigation measures to reduce significant impacts to a level of insignificance, and a statement as to whether mitigation measures will reduce impacts to a level of insignificance. The determination of significance will be based on significance thresholds established by the City's adopted Environmental Review Guidelines. The evaluation section will contain appropriately detailed analysis and discussion of those environmental criteria deemed "Potentially Significant lmpacf' and "Potentially Significant Impact Unless Mitigated''. Where the project would result in "No lmpacf' or "Less Than Significant lmpacf' for a particular environmental criteria, the Initial Study will include a brief discussion which supports such a finding. Recommended mitigation measures must comply with CEQA requirements in terms of effectiveness and feasibility . Where alternative mitigation measures are available to address a specific impact, the study shall include a recommended measure and discuss the reason(s) for selecting a particular measure over other alternative measures. E. Process Documentation : An appendix shall be provided which contains all official documents related to processing including the "Initial Study", "Notice of Intent to Adopt an Negative Declaration", "Notice of Determination (NOD)", Planning Commission meeting minutes and City Council meeting minutes, etc. F. Refe rences : All pertinent materials, studies, or persons consulted in the preparation of the study shall be listed within a separate section of the report. The identity of all Federal, State, and local agencies, or other organizations and private individuals consulted in the preparation and the identity of all persons, firms, and City staff preparing the study by contact or other authorization, shall also be listed. The text shall include footnote references or other means of reference consistent with professional style manuals. 4 4. CONTENTS OF THE REVISED SCREENCHECK DRAFT INITIAL STUDY. The contents shall include the Screencheck Draft Initial Study with revisions as directed by the City's project manager. The City's Environmental Administrator will use the revised screencheck draft Initial Study along with the proposers determination that the project either qualifies for an Addendum to the previously certified EIR, subsequent EIR or Mitigated Negative Declaration or a new Mitigated Negative Declaration or EIR to either confirm the proposers determination or determine an alternative CEQA action . 5. CONTENTS OF THE PUBLIC REVIEW DRAFT INITIAL STUDY. The contents shall include the City-approved Revised Screencheck Draft Initial Study with any revisions directed by the City's project manager, and the appropriate notice based on the determination of the type of CEQA document appropriate for the project. 6. CONTENTS OF THE DRAFT LNITIAL STUDY (IS): The contents shall consist of the following : A. The text of the Public Rev iew D ra ft In itia l Stu dy (I S). B. Comme nts & Responses to Co mments: All written comments received on the proposed CEQA document during the public review process, and appropriate responses to comments consistent with the requirements of CEQA. 7. MEETINGS: The consultant shall include provision for attending the following meetings and making presentations at the public meeting/hearings: 7.1 One (1) orientation/kick-off meeting with City staff (1 hour). 7.2Three (3) project status/update meetings with City staff, if needed (1 hour each). 7.31f necessary, four (4) public meeting/hearing (9.0 hours). 8. SCHEDULE: The consultant's proposal will include a proposed schedule which provides for the most efficient and expeditious preparation of the Initial Study to determine if the project qualifies for an Addendum to the previously certified EIR, Subsequent EIR or Subsequent Mitigated Negative Declaration to a previously certified EIR, or a new Mitigated Negative Declaration or EIR. 9 . NOTICES: The consultant shall be responsible for posting~ necessary notices with the County Clerk and State Clearinghouse (SCH) including the "Notice of Intent to Adopt" and the "Notice of Determination (NOD)." Including Notices related to Native American Consultation Notes & Correspondence under Assembly Bill 52 and Senate Bill 18 5 10. DELIVERABLES: The consultant shall provide the following deliverables in accordance with the work schedule: 10.1 A CD-R disk (MS Word format) and two (2) hardcopy of the Screencheck document. 10.2 A CD-R disk (MS Word format and pdf) and three (3) hardcopies of the Final document. 6