CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: January 18, 2022
SUBJECT: Approval of Professional Services Agreement with ECORP Consulting, Inc. to Provide Environmental Consulting Services for a Proposed New 108-Unit Senior Living Facility, Including Rezone, and Expansion of Grace Church (24600 La Plata - Griffin Senior Living Facility and Grace Church Remodel).
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Professional Services Agreement (the "Agreement") with ECORP Consulting, Inc. to prepare an environmental analysis for the proposed development of a 108-unit Senior Living Facility and expansion of Grace Church located at 24600 La Plata for an amount not to exceed $58,905;
2. Authorize the City Manager to execute the Professional Services Agreement, and future amendments to the Agreement, subject to the City Attorney making non- substantive changes. The costs associated with these services will be paid by the project applicant, Griffin Living; and
3. Approve a Fiscal Year 2021/22 budget appropriation for a pass-through amount of $58,905. The costs associated with these services will be paid by the project applicant, Griffin Living.
BACKGROUND
The Community Development Department is processing Zone Change (ZC 20-01), Site Development Permit (SP 20-04), Use Permit (UP 21-01), and Tentative Parcel Map (TPM 2021-101) for a 108-unit senior living facility. The proposed "Griffin Senior Living Facility and Grace Church Remodel" project is located at 24600 La Plata, behind the southeast corner of Crown Valley Parkway and La Plata. The 5.34-acre property currently has a church developed, Grace Church, with the majority of the parcel being vacant. It has a General Plan Land Use Designation and Zoning of Pl, Public Institutional District.
The church previously operated a private school on-site, however, the school relocated in 2018.
In accordance with the California Environmental Quality Act (CEQA) Guidelines, City staff has determined that a Mitigated Negative Declaration (MND) would likely be the appropriate project-specific environmental analysis necessary for the subject proposal and that a qualified third-party consultant should be selected to prepare it. The ultimate decision on which environmental document will be required and prepared for the project will be confirmed by the consultant through the environmental review process. The environmental analysis and technical studies would notably evaluate potential impacts related to aesthetics, air quality/greenhouse gas emissions, biological resources, noise, geotechnical, and paleontological resources.
ANALYSIS
On November 8, 2021, City staff distributed a Request for Proposals (RFP) to five (5) of Community Development Department approved on-call environmental consultants.
Qualifying proposals were received from the following three (3) firms in response to the RFP:
• Proposal No. 1: ECORP Consulting, Inc - $58,905 (includes 10% contingency) • Proposal No. 2: LSA - $85,580 (includes 10% contingency) • Proposal No. 3: Michael Baker - $99,322 (includes 10% contingency).
The qualifying proposals were evaluated based on relevant factors, including:
• Qualifications, staffing, background, and prior experience of the consulting firm (including the project manager and key personnel).
• Approach and understanding of the work to be performed as outlined in the RFP. • Quality and clarity of the proposal, including the firm's ability to provide additional relevant information.
• Cost to provide requested service.
• Schedule for overall project and time required for each task.
ECORP Consulting, Inc (ECORP) was selected based on several key factors which most notably included: 1) experience in preparing environmental review documents for similar type projects, 2) the quality and clarity of the proposal, 3) understanding of the project, 4) cost to perform the requested consulting services, which is the lowest of the three firms.
In terms of schedule to complete the requested consulting services, ECORP's timeline of
5.75 months is competitive with both LSA and Michael Baker, and in terms of cost, ECORP is the most economical of the three proposals. Therefore, Staff recommends approval of a Professional Services Agreement with ECORP to prepare the environmental review document in compliance with CEQA guidelines for an amount not to exceed $58,905.00 (Attachment "A").
The environmental analysis and documentation for the MND are projected to take approximately 5.75 months to complete (including the required public review period) at a cost not to exceed $58,905. Based on City staff's experience, the consultant's schedule and cost estimate are appropriate given the scope of services requested and proposed.
The project applicant has been made aware of the proposals received and is in support of City staffs recommendation. Once the MND is completed it will be considered along with the project entitlements by the City Council.
Although ECORP is one of the Department's approved on-call consultants, the contract exceeds the City Manager's signing authority of $50,000 and therefore this item requires approval by City Council. The proposal, including the scope of work and cost estimate are detailed in Exhibits "A", of the Professional Services Agreement between the City and ECORP (Attachment "A").
ALTERNATIVES CONSIDERED
The City Council may decide not to approve the Professional Service Agreement with ECORP and may select an alternative environmental consultant to perform the requested tasks. However, staff does not believe this action would result in a superior outcome.
ECORP distinguished itself during the RFP process as having the required capability and ond schenil to deliver the requested consulting services at a fair and reasonable cos
FISCAL REVIEW
Associated expenses with the environmental consulting services ($58,905) will be offset by an equal amount of funds deposited by the property owner resulting in no overall net impact to the City's operating budget. A budget appropriation of $58,905 is requested for Fiscal Year 2021/22 for Budget Account No. 100-21-6700 (expense). A corresponding revenue adjustment of $58,905 is proposed for Budget Account No. 100-21-3316 (revenue).
LEGAL REVIEW
The City Attorney's office has reviewed and approved the subject Professional Service Agreement and this staff report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve the Professional Services Agreement (the "Agreement" with ECORP Consulting, Inc. to prepare an environmental analysis for the proposed development of a 108-unit Senior Living Facility and expansion of Grace Church located at 24600 La Plata for an amount not to exceed $58,905;
2. Authorize the City Manager to execute the Professional Services Agreement, and future amendments to the Agreement, subject to the City Attorney making non- substantive changes. The costs associated with these services will be paid by the project applicant, Griffin Living; and
3. Approve a Fiscal Year 2021/22 budget appropriation for a pass-through amount of $58,905. The costs associated with these services will be paid by the project applicant, Griffin Living.
Fanara I Retousseau Never I Emis
Tamara S. Letourneau Kevin G. Ennis, Esq.
City Manager City Attorney
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Jonathan Urduna John Morgan
Community Development Director Development Services Manager Amber Gregg
Contract Planner
Attachment:
A. Professional Services Agreement with ECORP Consulting, Inc.
ATTACHMENT A
Professional Services Agreement with ECORP
AGREEMENT FOR PROFESSIONAL SERVICES
(COMMUNITY DEVELOPMENT DEPARTMENT)
ENVIRONMENTAL REVIEW SERVICES FOR
GRACE CHURCH REMODEL AND GRIFFEN SENIOR LIVING FACILITY THIS AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered into the 18th day of January, 2022, by and between the City of Laguna Viguel, a municipal corporation, hereinafter the "City", and ECORP Consulting, Inc (ECORP"), a California Corporation, hereinafter the "Consultant".
RECIIALS:
A. The City desires to contract with selected professional consultants to coordinate, facilitate and prepare an environmental study for the City of Laguna Niguel General Plan Update.
B. The City circulated a Request for Proposals for the above-described protessional services on November 8, 2021.
C. Consultant submitted a proposal dated December 9, 2021, to the City to provide the above-described professional services.
D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.
E. The City desires to enter into an agreement with Consultant for the above- described professional services.
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:
Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in the Scope of Services (the "Scope of Services") which is attached hereto as Exhibit "A" and incorporated herein by this reference.
2 Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.
Term. This Agreement shall become effective on the date stated above and will continue in effect until the work required by this Agreement is completed subject to termination as provided in paragraph 27, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated.
The parties may mutually agree in writing to extend the Term of the Agreement.
Payment.
A. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A" (the "Compensation") for the not to exceed amount of Fifty Eight Thousand Nine Hundred Five Dollars ($58,905.00).
B. Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.
5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps and other documents developed during the course of Consultant providing the professional services required by the Scope of Services shall be the property of the City and shall be provided by Consultant to City upon their completion and payment of relevant invoices, or in the event the Agreement is terminated prior to completion, Consultant shall provide all work in progress, subject to payment of relevant invoices. Further, if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate. Reuse or modification of any such documents by the City for purposes outside of the Scope of Services set forth in this Agreement, without Consultant's written permission, shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from all claims, damages, and expenses, including attorneys' fees, arising out of such reuse by City or others acting through City. City shall not be liable for any unauthorized use by third parties.
6. Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth in the attached Exhibit "A" ("Schedule of Performance"). Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for, or be deemed in breach of delays caused by, any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather or acts of the City, third parties or other governmental agencies.
7. Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities required to perform the services under this Agreement.
8. Licenses; Standard of Care.
Qualifications. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement.
B. Standard of Care. Consultant shall perform the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement.
Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services to eliminate the errors.
9. Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.
10. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.
11. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.
12. Independent Consultant. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents, are officers, employees or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.
Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, workers' compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
Administration. This Agreement will be administered by the Community Development Department. The Community Development Director or his or her designee shall be considered the Project Manager and shall have the authority to act for the City under this Agreement. The Project Manager shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.
14. Progress. Consultant is responsible to keep the Project Manager informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.
15. Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement.
16. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.
17. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. Consultant agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.
18. Indemnification.
General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement.
Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.
C. Subconsultants. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
E. Survival and Offset. The provisions of this Section 18 shall survive the termination of this Agreement. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.
19. Liability Insurance.
A. Insurance Policies. Without limiting Consultant's indemnification of City as described in paragraph 19, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.
B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.
Insurance Coverage. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3) Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement.
4) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
5) Cyberliability Insurance. Consultant shall maintain cyberliability insurance in the amount of $5,000,000.00 per occurrence providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data; (i) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft; and (iv) violation of privacy rights due to a breach of City Data.
D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees 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 subconsultant.
E. Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors.
F. Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
G. City's rights of enforcement. In the event 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.
H. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
1. Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
K. Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
L. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
M. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.
P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
Q. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
R. Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
S. Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
20. Nondiscrimination by Consultant Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
21. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.
22. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
23. Notices. Every notice, demand or request (hereinafter described in this section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (ii) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).
CITY: City of Laguna Niguel
Attn: Community Development Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Email: [email protected]
CONSULTANT: ECORP Consulting, Inc.
Attn: Brant Brechbiel
2861 Pullman Street
Santa Ana, CA 92705
Email: [email protected]
24. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services vite cope of thie her to described in Scope of Services hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.
25. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.
26. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.
Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the Consultant that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days in advance of the termination date.
Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.
28. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.
Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.
32. Authority to Sign. The person(s) executing this Agreement on behalf of the Consultant warrants and represents that they the authority to execute this Agreement on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Kevin G. Ennis
City Attorney
"CONSULTANT"
ECORP Consulting, Inc.
By: _
Print Name:
Title:
By:
Print Name:
Title:
EXHIBIT "A"
SCOPE OF SERVICES
COMPENSATION
SCHEDULE OF PERFORMANCE
Environmental Review for the Grace Church and Griffin Senior Living Facility
WORK PLAN AND DELIVERABLES
Project Understanding
The City of Laguna Niguel is requesting a proposal to assess the required environmental review for the Grace Church and Griffin Senior Care Facility. The project is located at 24600 La Plata Drive in the City of Laguna Niguel. The proposed project consists of subdividing the existing 5.34-acre parcel into two parcels, a remodel and addition to the existing church facility, and the development of a senior living facility. One parcel will retain the existing Grace Church and the other parcel is proposed to be developed with a three-story,
108-unit, senior living facility, Griffin Living.
Grown Valley Pawy La Plata Dr & Crowh Valley:
The Project site is currently a small community
church with approximately 200 parish
families. From 2008 to 2018 the site also
housed The Grace Classical Academy, an
elementary school with approximately 110
students and 15 staff members. With the
elimination of the school operations, the Church
no longer needs a large project site. Previous
entitlements for the Church include a Site Development Permit (SP 88-163) for the development of the site and a Use Permit (UP 08-08) for the school operations. The Church proposes to subdivide its lot and utilize the proceeds to remodel the existing church facility. The Project proposes to demolish an existing 3,360-square-foot modular building and construct a 3,822-square-foot, second-story addition to the existing one-story sanctuary. The new addition will add additional meeting areas and offices. The church façade will be remodeled to complement the senior living facility.
The 108-unit senior living facility consists of three stories and includes 31 memory-care units. The development is proposing to provide nursing, dining, transportation, and health and wellness services, as well as social amenities. At peak time there will be 30 employees on site. The development proposes 63 parking spaces. A parking and traffic study has been prepared and is currently being peer-reviewed by Fehr & Peers.
The site is currently zoned Public/Institutions (PI). Senior developments are only permitted in the City's Managed-Care Facility Overlay Zone, so a Zoning Amendment is also part of the Project scope. The following entitlements are needed for the Project:
Church - Amendment to SP 88-163 and Tentative Parcel Map, Amendment to Use Permit 08- 08 to remove the operation of a K-8th grade private school.
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ENTIRONMENTAL CONSI
Environmental Review for the Grace Church and Griffin Senior Living Facility Senior Living Facility - Zoning Map Change, Use Permit, and a Site Development Permit. A Site Development Permit is needed for the sign program, alternative parking standards, alternative development standards potentially for the height, site plan, and architectural design.
The Project proposes a significant amount of earthwork. The City's third-party geotechnical consultant, GMU Geotechnical, Inc., has reviewed the investigative work and analysis documented in reports prepared by Geofirm, and has provided the City a conditional approval. This conditional approval includes notable comments/qualifiers, a summary scope of their review, and conditions of approval.
As with many projects in Laguna Niguel, particular neighborhood and HOA interest is likely to be placed upon full consideration, as well as disclosure of traffic and parking impacts associated with the proposed Project. ECORP will draw upon information in the peer-reviewed Traffic Study to address potential traffic concerns.
Work Plan and Deliverables
The CEQA document prepared by ECORP will meet
Summary of Tasks for the Grace Church
all the requirements set forth in CEQA (PRC 21000 et & Griffin Senior Living Project seq.) and the State CEQA Guidelines (CCR, section
15000 et seq.). The methodology and criteria used Task 1-Kickoff Meeting and Project Description Task 2 - Technical Analyses
by ECORP in determining impacts of the Project will Task 3 - Initial Study & Mitigated Neg Declaration be clearly and explicitly described in the CEQA Task 4 - Staff Coordination and Public Hearings document and technical studies, including Task 5 - Notice of Determination assumptions, models, or modeling techniques used
in the analysis. This includes sufficiency review of
technical studies provided by the applicant and reviewed by the City (and/or its consultants) for use in the CEOA document.
Task 1 - Kickoff Meeting and Project Description
The ECORP Project Manager will attend the kickoff meeting with City staff, and applicant team as appropriate, to 1) review the Proposed Project scope of work, 2) confirm the elements that will be included in descriptions of the Project, 3) identify any remaining data requirements needed from the City or applicant, and 4) confirm the likely CEQA document type (e.g., Initial Study and Mitigated Negative Declaration) and Project schedule. Following the meeting, ECORP will prepare a comprehensive Project Description for City review and concurrence. The draft Project Description will facilitate City concurrence on a stable, complete Project Description for use in the CEQA document.
A Project site visit and photo-documentation of existing conditions will also be performed.
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ENVIRONUENTAL CONST TANTS
Environmental Review for the Grace Church and Griffin Senior Living Facility Deliverables:
Kickoff meeting with City staff and applicant team
Site visit and photo-documentation
Draft and Final Project Description (electronic copy)
Task 2 - Technical Analyses
Applicant Technical Studies
ECORP understands the following technical studies and reports are being prepared by the applicant team:
Geotechnical Investigation
Hydrology
Water Quality Management Plan (WQMP)
Traffic Study/MT
The Geotechnical, Hydrology, and WQMP studies and reports will be reviewed by the City and its consultant, GMU. The Traffic Study (both LOS-based and VMT screening) is being peer reviewed by Fehr & Peers, a City Consultant. ECORP will perform its own review of the studies to confirm the studies are consistent with the Project Description and adequate for use to support the CEQA document. ECORP will coordinate with the City and applicant should any revisions or edits appear needed. A final statement of sufficiency of the technical studies will be provided in a memorandum to the City.
Deliverables:
CEQA Sufficiency Review Memorandum (electronic copy)
ECORP Technical Analyses
In addition to the sufficiency review of applicant-provided studies, ECORP proposes to prepare the following additional technical studies to support the CEQA document:
Cultural Resources and AB 52 Support
Noise/Vibration
Air Quality and Greenhouse Gases
The work plans for these studies are described below:
Cultural Resources Inventory and Report
ECORP will carry out a cultural resources inventory of the approximately 5.34-acre Project Area. The scope of work for the inventory includes a records search of the California Historical Resources Information System (CHRIS) and literature review for the Project Area, a Sacred Lands File search with the Native American Heritage Commission (NAHC), an archaeological pedestrian field survey of all accessible areas within the Project Area, and preparation of a cultural resources inventory report. This December 9, 2021 • 11
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ENVIRONUENTAL CONSTETANTS
Environmental Review for the Grace Church and Griffin Senior Living Facility study will be conducted pursuant to compliance with the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations in 36 CFR 800.
ECORP will request a cultural resources records search of the CHRIS from the South Central Coastal Information Center (SCCIC) at the California State University, Fullerton campus. The CHRIS records search will identify the locations and extent of previous surveys conducted within one mile of the project area and will determine if there are any known cultural resources (i.e., Pre-contact [prehistoric] or historic archaeological sites or historic-period features) located within or near the Project Area. In addition, the records search will identify resources listed on or determined eligible for listing on the National Register of Historic Places (NRHP) and/or the California Register of Historical Resources (CRHR) located within or near the Project Area. ECORP will request a search of the Sacred Lands File from the NAHC. The Sacred Lands File search will identify any known sensitive or sacred Native American resources located within or near the Project Area. It should be noted that the Sacred Lands File search will not constitute consultation in compliance with Senate Bill (SB) 18, Assembly Bill (AB) 52, or Section 106 of the National Historic Preservation Act (NHPA). ECORP will complete an intensive field survey of the Project Area using pedestrian transect intervals spaced 10 to 15 meters apart, if possible. The Project Area will be examined for surface evidence of cultural materials, including pre-contact and historic-period (i.e., over 50 years of age) cultural deposits and features. If any resources are identified in the Project Area, they will be recorded and mapped in detail in accordance with the standards of the California Office of Historic Preservation (OHP).
This scope does not include evaluating resources for the CRHR. Should the City require evaluation of the historic-period buildings within the Project Area, ECORP will include costs for CRHR evaluation of these buildings as an optional task. If the ECORP archaeologist identifies any additional resources that require documentation or evaluation, ECORP will prepare a separate scope and cost based on the level of effort required
ECORP will prepare a cultural resources inventory report that is compliant with CEA and Section 106 of the NHPA to document the methods and results of the CHRIS records search, Sacred Lands File search, and field survey. The report will include a brief summary of the environmental setting and cultural background of the Project Area and will describe any cultural resources within the Project Area. The report will also present recommendations for further work, if needed. All correspondence with the NAHC will be provided as a confidential attachment to the report.
AB 52 Support
Consultation with California Native American tribes under Assembly Bill 52 (AB 52) is the responsibility of the CEQA lead agency. However, ECORP can assist the City with the consultation process.
First, ECORP will coordinate with the City to determine which tribes have submitted general requests to consult under AB 52. AB 52 requires that each group that has requested consultation will be December 9, 2021 • 12
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ENVIRONMENTAL CONST CASTS
Environmental Review for the Grace Church and Griffin Senior Living Facility contacted by letter to provide them with information about the project and ask if they wish to consult with the agency. ECORP will draft the letter for the City and submit the draft letter to the City electronically. We have assumed that the City staff will print the letters on agency letterhead, obtain the required internal signatures, and mail the letters to the tribes and individuals named on the list within 14 days of determining that the project application is complete, as required by AB 52. For tribes that respond within 30 days with a request to consult, ECORP will assist the City in initiating consultation. Consultation must be initiated within 30 days of receiving the written request to consult. ECORP will assist the City by arranging meeting times for consultation or field visits. Native American consultation meetings will be led by City staff with technical assistance from ECORP.
ECORP will document the consultation process and comments discussed and advise the City on how to come to a conclusion to the consultation, as specified by AB 52. For costing purposes, ECORP assumes that one on-site meeting will occur as part of the AB 52 process.
Noise/Vibration Report
The evaluation of noise impacts associated with the Project will be completed by senior-level staff members who are noise experts. The applicable noise and land use compatibility criteria for the Project Area will be reviewed and noise standards (i.e., Division 6 of the City Municipal Code and the City's General Plan Noise Chapter) regulating noise impacts will be discussed for land uses adjacent to, and nearby, the Project Site as they will be the basis for the Project impact determination and whether mitigation is necessary.
In order to establish the existing ambient noise levels currently experienced at the Project Site, and thus noise/land use compatibility, ECORP will first conduct a long-term (24-hours) baseline noise measurement at the site in order to obtain a general representation of the existing ambient noise currently experienced in the area. This 24-hour baseline noise measurement will be conducted on the portion of the site where the senior living facility is proposed and will be used to obtain a general representation of the existing ambient noise currently experienced in on the site in order to determine noise/land use compatibility. The results will be reported in the Community Noise Equivalent Level (CNEL) noise metric. CNEL is a 24-hour average measurement of sound with a five decibel "weighting" during the hours of 7:00 p.m. to 10:00 p.m. and a 10 decibel "weighting" added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively. In addition to the 24-hour measurement, ECORP will also conduct up to three (3) short-term (15 minutes) measurements in the Project vicinity surrounding the site in order to establish the existing ambient noise levels currently experienced in the areas surrounding the Project. The data retrieved from the noise monitoring survey will be augmented with traffic noise modeling calculations using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77- 108). Furthermore, the analysis will also cite information provided in the City General Plan to characterize the existing ambient noise environment in the Project vicinity. The combination of the baseline noise survey calculated traffic noise, and information from the General Plan will provide a representative understanding of the current noise environment.
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ENVIRONMENTAL CONSI
Environmental Review for the Grace Church and Griffin Senior Living Facility Construction would occur during implementation of the Proposed Project. Noise levels from construction sources will be analyzed using the Federal Highway Administration Roadway Construction Noise Model and based on the anticipated equipment to be used. In order to evaluate the potential health-related effects (physical damage to the ear) from construction noise, construction noise will be evaluated in terms of hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at the nearby existing residences to the east. In addition to construction noise, an analysis of vibration impacts will be prepared based on the California Department of Transportation's vibration analysis guidance.
The evaluation of the Project's contribution to noise increases over existing conditions will be addressed. The Proposed Project would be a source of on-site stationary noise (e.g., internal circulation, senior care facility activities, etc.) and off-site mobile noise (e.g., automobile traffic). On- site stationary noise will be addressed qualitatively. Potential noise impacts from vehicular traffic will be assessed based on Project transportation data. Off-site mobile source noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted CNEL noise levels will be presented in a tabular format.
ECORP will require the completed Traffic Impact Assessment to complete the evaluation of offsite traffic noise.
ECORP proposes to evaluate noise impacts in a technical report. Where appropriate, the analysis would be supported by modeling documentation, which would be included as an appendix to the report.
Air Quality/Greenhouse Gas Report
The assessment of air quality and greenhouse gas (GHG) emissions will quantify short-term (i.e., construction) and long-term (i.e., operational) emissions generated by the Proposed Project using the California Emissions Estimator Model version 2020.4.0 (CalEEMod) software. CalEEMod is a statewide land use emissions computer model designed to quantify pollutant emissions associated with construction and operations from a variety of land use projects. Project criteria air pollutant emissions will be compared to the thresholds of significance promulgated by the South Coast Air Quality Management District (SCAQMD), including SCAQMD's recommended Localized Significance Thresholds (LSTs). LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (I-4). The LST methodology assists lead agencies in analyzing localized impacts associated with project-specific level proposed projects. In the case of the GHG analysis specifically, Project GHG emissions will be assessed against the SCAQMD interim screening level numeric bright-line threshold of 3,000 metric tons of COze annually. In the case that the Proposed Project is estimated to exceed this screening threshold, it is then to be compared to the SCAQMD- recommended efficiency-based thresholds of 3.0 metric tons of COze per service population per year.
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ENVIRONMENTAL CONST LIANTS
Environmental Review for the Grace Church and Griffin Senior Living Facility ECORP proposes to evaluate potential air quality and GHG emission-related impacts in a technical report. The analysis will be supported by modeling documentation, which would be included as an appendix to the technical report.
ECORP's initial review of the full Project Plan Set and site context suggests that formal stand-alone technical studies for several other topics may not be needed. ECORP recommends that the following topics be addressed in the text of the IS/MND:
Aesthetics
The Project Plan Set includes Site Plan, multiple cross-sections through the site, building elevations, renderings, and landscape and lighting plans. The Project appears to provide the necessary setback along the scenic Crown Valley Parkway landscape corridor. ECORP will review these plans and proposed development standards and will address views and urban-area scenic quality in providing the analysis of aesthetics and visual impact in the IS/MND. The analysis will be supported by ECORP's photo reconnaissance and key graphics from the Plan Set included both in the text and appendices.
Biology
The Project Site is predominantly vegetated with non-native species, including landscaping, some trees, and turf. ECORP will prepare a brief memorandum with support for a conclusion of no impacts to biological resources, provided that standard measures such as avoiding nesting bird season or conducting pre-construction nesting bird surveys are followed.
Energy
ECORP proposes to assess potential impacts related to Project energy consumption against OPR's CEQA Appendix G - Energy standards of significance, i.e., whether the Project would result in the wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources, during Project construction or operation; and, whether the Project would conflict with an applicable plan for renewable energy or energy efficiency. Both operational energy and construction energy consumption will be analyzed. The amount of total construction-related fuel use will be estimated using ratios provided in the Climate Registry (2016) General Reporting Protocol for the Voluntary Reporting Program, Version 2.1. The amount of fuel (gas) estimated for Project construction and operations will be quantified and compared to that consumed in the County as a whole. The analysis would be supported by modeling documentation, which would be included in an appendix.
Deliverables:
Noise and Vibration Report (electronic copies)
Air Quality and Greenhouse Gases Report
Cultural Resources Inventory and Report (electronic copies) AB 52 Tribal Cultural Resources Support
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ENFIRONIENTAL CONST
Environmental Review for the Grace Church and Griffin Senior Living Facility Task 3 - Prepare Initial Study and Mitigated Negative Declaration
3.1 - Prepare Administrative Draft Initial Study and Mitigated Negative Declaration ECORP anticipates the Initial Study will confirm processing of an Initial Study (IS)/Mitigated Negative Declaration (MND) as the appropriate CEQA document to support Project entitlements. The Initial Study will include all twenty-one (21) environmental factor categories included in the CEQA Appendix G Environmental Checklist (as amended 12/28/18). The analyses will provide substantial evidence for impact conclusions and findings. The IS/MND will conform fully with the City of Laguna Niguel CEQA Guidelines.
ECORP will submit the Administrative Draft (IS)/Mitigated Negative Declaration (MND), including Introduction, Project Description, Environmental Setting, Determination, CEQA Environmental Checklist Form, Checklist Responses/Environmental Assessment, Organizations and Persons Consulted, and Appendices (incorporating the technical studies).
ECORP will revise the Administrative Draft IS/MND based on City comments and submit a Revised Administrative Draft IS/MND (if applicable) for City review. Throughout the IS/MND process, ECORP will support the City in maintaining a complete and update-to-date Administrative Record. All source documents will be cataloged and references listed, including data-source web links as appropriate
3.2 - Prepare Draft IS/MND
Following City review of the Revised Administrative Draft IS/MND, ECORP will submit a Proof Check Draft IS/MND for City approval prior to distribution of the Public Review Draft IS/MND. As directed by the City, the Draft IS/MND will include an executive summary and summary table of impacts and mitigation measures.
3.3 - Public Review of Draft IS/MND
ECORP will prepare and distribute the Notice of Intent (NOI) to Adopt the Draft IS/MND through the State Clearinghouse (with NOC form), to local agencies and interested persons, and the general public. The NOI will be posted at the County Clerk's office.
3.4 - Response to Comments and Mitigation Monitoring and Reporting Program (MMRP) ECORP will review any agency and public comments received during the public review period on the Draft IS/MND and will prepare response to comments. The possible need for any additional new analysis, supplemental technical studies, and/or errata will be reviewed with City staff. ECORP will prepare the Mitigation Monitoring and Reporting Program (MMRP).
Task 4 - City Staff Coordination and Public Hearings
ECORP will communicate on a regular basis with City staff concerning approach, scheduling, and tasks throughout the Project, including progress updates (phone/email). In addition to the kickoff meeting (Task 1), one meeting with City staff to review comments on the Administrative Draft December 9, 2021 • 16
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ENVIRONMENTAL CONST
Environmental Review for the Grace Church and Griffin Senior Living Facility IS/MND and up to two (2) public hearings are anticipated - including public hearings with Planning Commission and City Council. Additional meetings will be attended by ECORP at hourly rates identified in the Cost Proposal. ECORP will function as an extension of City staff and be prepared to make presentations and/or answer questions regarding the environmental document and impact analyses.
ECORP will prepare brief monthly progress reports to record ongoing progress on the Project and to support invoices submitted to the City for payment. Reports will include an explanation of tasks accomplished for the month, deliverables finished/submitted, anticipated tasks/progress for the next month, pending issues, and schedule completion target dates.
Task 5 - Notice of Determination (NOD)
Following City action on the Project, the NOD will be prepared and filed at the County Clerk's Office within 5 days of the decision and approval. The applicant will be responsible for payment of the Fish and Wildlife fees and filing fees.
Deliverables
ECORP proposes the following project deliverables:
Draft and Final Project Description (electronic copy on WORD and pdf) Applicant Prepared Technical Studies Review/CEQA Sufficiency Memorandum ECORP Technical Studies - Cultural, Tribal Notification & Consultation, Noise/Vibration, Air Quality/GHG (draft and final studies)
Administrative Draft Initial Study/Mitigated Negative Declaration (electronic copy) Revised Administrative Draft IS/MND with Technical Studies (electronic copy in WORD and pdf)
Proof Check Draft IS/MND (electronic copy)
Public Draft IS/MND (electronic copy; 10 bound hard copies with bound technical studies on CD; one unbound hard copy; up to 20 CDs; NOI; distribution list) State Clearinghouse Submittals* (all electronic uploaded to CEQA Submit website for CEQA.net posting)
• 1 electronic copy of NOC
1 electronic copy NOI
• Electronic copy of SCH Summary Form
• Electronic copies of Public Review Draft IS/MND and Technical Studies • 1 electronic copy of NOD
Draft and Final Response to Comments (electronic copy)
Final IS/MND with Mitigation Monitoring and Reporting Program (MMRP) (electronic copy) 1 unbound hard copy of the Final IS/MND and Technical Studies 5 hard copies of Final IS/MND bound with technical studies on CD December 9, 2021 • 17
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ENVIRONMENTAL CONSTLTAN TS
Environmental Review for the Grace Church and Griffin Senior Living Facility 1 copy of NOD (electronic copy)
*Note: The City will need to register and approve ECORP Consulting, Inc. through the OPR website for directly uploaded documents.
PRELIMINARY WORK SCHEDULE
ECORP proposes to meet the time frame for the completion of the IS/MND as detailed in the schedule below. A kickoff in January 2022 is assumed for purposes of the preliminary work schedule.
Preliminary Work Schedule
Task Duration Timeline
Task 1 - Kickoff, Site Visit and Project Description
Project Kickoff and Site Visit 1 Week Following NTP (Jan. 2022) Project Description 2 Weeks Week 3
Task 2 - Technical Analyses
Review Applicant Technical Studies 1 Week Week 3
ECORP Technical Analyses 5 Weeks Week 8
Task 3 - Initial Study/Mitigated Negative Declaration
Prepare Administrative Draft Initial Study//MND 8 Weeks Week 10 City Review Admin Draft IS/MND 2 Weeks Week 12
Revise Admin Draft IS/MND 2 Weeks Week 14
City 2nd Review of Admin Draft IS/MND 1 Week Week 15
Finalize Draft IS/MND for Public Review 1 Week Week 16 (May 2022) Public Review of Draft IS/MND (30 Days) 4 Weeks+ Week 20 (May/June 2022) Response to Comments and MMRP 1 Week Week 21
City Review Response to Comments and MMRP 1 Week Week 22 Finalize Response to Comments and MMRP 1 Week Week 23
Task 4 - City Staff Coordination and Public Hearings
City Staff Coordination Ongoing Ongoing
Planning Commission and City Council 4-6 Weeks TBD - As Scheduled <5 working Following City Council
Task 5- Prepare and Post Notice of Determination (NOD) days Approval
Notes:
1 - Although AB 52 stipulates a schedule for the initiation of consultation, the law contains no timeline for the conclusion of consultation. The schedule for AB 52 consultation is dependent on whether or not any Tribes request consultation and the presence or absence of Tribal Cultural Resources within the Project Area.
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EXVIRONMEVIAL CONST
Environmental Review for the Grace Church and Griffin Senior Living Facility
COST PROPOSAL
This scope of work will be performed on a time-and-materials not-to-exceed basis for $53,550 as detailed below. Hourly rates of key management personnel are also provided following the Cost Breakdown.
Cost Breakdown
Activity Cost
Task 1 - Kickoff, Site Visit and Project Description
Project Kickoff, Site Visit and Project Description $1,800 Task 2 - Technical Analysis
Review Applicant Technical Studies 5920
ECORP Technical Studies
- Cultural Resources Inventory and Report $7,550
- AB 52 Support $3,000
- Air Quality and Greenhouse Gases Report $5,585
Noise/Vibration Report $7,225
Task 3 - Initial Study/Mitigated Negative Declaration
Administrative Draft Initial Study//MND $12,760
Revised Admin Draft IS/MND $4,400
Draft IS/MND for Public Review $1,570
Response to Comments and MMRP $3,290
Task 4 - City Staff Coordination and Hearings (2) $3,600 Task 5- Notice of Determination (NOD) $650
Reimbursable Expenses (mileage, postage, CDs, records searches) $1,200 Total Estimated Costs $53,550
Attendance at additional meetings/hearings will be charged at the rates listed below.
Key Personnel Position Hourly Rate
Anne Surdzial, AICP Principal $220.00
Tom Holm, AICP Senior Environmental Planner/Project Manager $200.00 Lindsay Liegler Assistant Project Manager/CEQA Analysis Support $115.00 December 9, 2021 • 19
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