Services Agreement (General) Page 1 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow
SERVICES AGREEMENT (GENERAL)
Environmental Services for Project No. PL23-0082 (South Oxbow) City Agreement No. _________________
City Budget Code: 10140400-53210_____
This Services Agreement (General) for Environmental Review Services (“Agreement”) by and between the City of Napa, a California charter city (“City”), and Stantec Consulting Services, Inc., a New York Corporation (“Consultant”), is effective on the date last signed by the City, which is identified on the signature page as the “Effective Date.”
RECITALS
A. The City desires to obtain the services more particularly described in this Agreement and Exhibit “A,” and generally including environmental review for PL23-0082 South Oxbow, a mixed use project for which the applicant is seeking a Design Review Permit, Major Use Permit, Tentative Subdivision Map, Density Bonus, and a Uniform Sign Program for the property located at 585-601 First Street & 933 Water Street, APNs 003-242-004; -005; -006; -007; & -008 (“Project”).
B. On June 26, 2023, the City issued a request for proposals for environmental review services for the Project, and on July 18, 2023, the Consultant submitted a proposal for the environmental review services.
NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as follows:
1. SCOPE OF SERVICES.
1.1. Services. Consultant, acting in its capacity as an environmental consultant will perform the services described in the Scope of Services and Schedule of Performance, attached hereto as Exhibit “A” and incorporated herein by reference (“ Services”), in accordance with the terms and conditions of this Agreement and to the satisfaction of the City’s authorized representative, Community Development Director (“City’s Authorized Representative”).
1.2. Standard of Care. In performing the Services, Consultant will meet the applicable standard of care for, and exercise the degree of skill and diligence ordinarily used within the greater San Francisco Bay Area who provide the same or similar type of services as the Services required under this Agreement.
Consultant will require and ensure that all of its employees, subconsultants, or agents performing or contributing to the Services will comply with the requirements of this Agreement.
1.3. Independent Contractor. Consultant will control the manner and means for performing the Services, acting as an independent contractor and not as an employee of the City. Consultant will not be entitled to any of the benefits that the City provides to its employees, including, but not limited to, health or retirement benefits.
1.4. Subcontracting. If Consultant subcontracts with a subconsultant to perform any of the Services, the City is deemed an intended beneficiary of that subcontract and the subconsultant will owe a duty of due care to the City. City reserves the right to approve or reject any proposed subconsultant, based on the subconsultant’s qualifications, relevant experience, or reputation.
1.5. Third Party Beneficiaries. Except to the extent expressly stated herein, this Agreement will not be construed to create any rights in third parties.
Attachment 2
Services Agreement (General) Page 2 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow
1.6. Time for Performance. Consultant shall perform the services in accordance with a mutually agreed upon schedule. Consultant will reasonably commence and complete all Services by the date and within any timeframes set forth in Exhibit “A.” Services for which times for performance are not specified in this Agreement will be commenced and completed by Consultant in a reasonable manner based upon the circumstances and direction from the City’s Authorized Representative. Consultant will submit all requests for extensions of time to the City in writing no later than ten days after the start of the circumstances or events giving rise to the delay, and no later than the time by which performance is due. The City’s approval of any extension of time for performance of the Services will not operate to waive the City’s rights or remedies with respect to damages caused by Consultant’s delay.
1.7. Unsatisfactory Services. Upon written notice from the City that any of the Services fail to comply with the Standard of Care required of this Agreement (collectively, “Unsatisfactory Services”), Consultant must correct or cure any such Unsatisfactory Services as specified in the City’s written notice. Consultant will not be entitled to any additional compensation or extension of time to correct or cure the Unsatisfactory Services. Consultant’s correction or cure of Unsatisfactory Services will not operate to waive the City’s rights or remedies with respect to any damages caused by the Unsatisfactory Services.
2. COMPENSATION.
2.1. Payment. The City will pay Consultant for Consultant’s time and authorized expenses necessary to perform the Services, at the rates and charges set forth in the Compensation Rates and Charges attached hereto as Exhibit “B” and incorporated herein by reference, as compensation in full for Services performed in compliance with this Agreement. Consultant’s total compensation for performing the Services may not exceed $$239,156.00. If the City authorizes Consultant to perform services in addition to the Scope of Services set forth in Exhibit “A,” Consultant will be compensated in accordance with the rates and charges in Exhibit “B.” Consultant will not be entitled to any compensation for additional services performed without the City’s prior written consent, or which exceed the scope of the City’s written consent.
2.2. Invoices. Consultant will submit a monthly itemized invoice to the City’s Authorized Representative for the Services provided during the preceding month. At a minimum, the invoice must identify the Services performed, the hours spent performing the Services, the applicable hourly rate(s), and any authorized expenses based on the rates and charges authorized in Exhibit “B.” The City will pay the Consultant within 30 days after approval of each invoice, with the exception of any disputed amounts.
3. AUTHORIZED REPRESENTATIVE. Consultant hereby assigns Trevor W. Macenski and/or Anna Radonich to serve as the Consultant’s authorized representative (“Consultant’s Authorized Representative”), to personally participate in and manage the Services provided under this Agreement, and to serve as the primary point of contact for all matters pertaining to this Agreement.
3.1. Substitutions. As a material inducement to entering into this Agreement, the City has relied upon Consultant’s representations regarding Consultant’s qualifications (including the qualifications of Consultant’s Authorized Representative, its personnel, and its subconsultants, if any, as identified on Exhibits “A” and “B”). Consultant will not replace Consultant’s Authorized Representative (or any of its personnel or its subconsultants, if any, as identified on Exhibits “A” and “B”) without the City’s prior written consent.
4. NOTICES. All notices or requests required or contemplated by this Agreement will be in writing and delivered to the other party’s Authorized Representative by personal delivery, U.S. Mail, nationwide overnight delivery service, email, or as otherwise specified herein. Delivery is deemed effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, (b) actual receipt at the address identified below, or (c) three business days following deposit in the U.S. Mail of registered or certified mail sent to the address identified below. A party’s contact information, below, may be changed by providing written notice of any change to the other party.
TO CITY: COMMUNITY DEVELOPMENT DIRECTOR
Services Agreement (General) Page 3 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow
CITY OF NAPA
P.O. Box 660
NAPA, CA 94559-0660
[email protected]
TO CONSULTANT: TREVOR MACENSKI
Senior Principal, US-West Environmental & Urban Planning Practice Leader
STANTEC CONSULTING SERVICES INC.
1340 Treat Boulevard, Suite 300
WALNUT CREEK, CA 94597
[email protected]
5. TERM. The term of this Agreement begins on the Effective Date, and ends upon Consultant’s completion of the Services required by this Agreement, unless terminated earlier as provided herein. The following provisions will survive expiration or termination of this Agreement: Section 7.2 (Dispute Resolution), Section 8.1 (Confidentiality), Section 8.4 (Records of Performance), Section 10 (Indemnification), Section 13.3 (Taxes), and Section 14 (General Provisions).
6. CITY’S RIGHT TO TERMINATE. Either party may terminate this Agreement for convenience (with or without cause) by providing 30 days’ written notice of termination to the other party,. If the City terminates the Agreement it will pay Consultant for all Services performed up to and including the effective date of the termination, subject to the provisions of Sections 2 and 8.2.
7. DEFAULT AND DISPUTE RESOLUTION.
7.1. Default. Consultant will be deemed in default of this Agreement if Consultant is not complying with the terms of this Agreement, or the City has reasonable reason to believe that Consultant’s ability to perform the Services has been or will be impaired. If either of these circumstances exist, the City may give written notice of default to Consultant and demand that the default be cured or corrected within ten days of the notice, unless the City determines that additional time is reasonably necessary to cure the default. If Consultant fails to cure the default within the time specified in the notice, and the Consultant fails to give adequate written assurance of due performance within the specified time, then the City may terminate this Agreement in accordance with Section 6, or the City may pursue dispute resolution in accordance with Section 7.2.
7.2. Dispute Resolution. If any dispute arises between the parties in relation to this Agreement, the Authorized Representatives for each party will meet, in person, as soon as practicable, to engage in a good faith effort to resolve the dispute informally. If the parties are unable to resolve the dispute, in whole or in part, through informal discussions, the parties agree to participate in mediation. Notwithstanding the existence of a dispute, the Consultant will continue providing the Services during the course of any dispute, unless otherwise directed by the City.
7.2.1. Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days of the date that such notice is given, or sooner if reasonably practicable. The parties will jointly appoint a mutually acceptable mediator. The parties will share equally the costs of the mediator; however, each party will pay its own costs of preparing for and participating in the mediation, including any legal costs.
7.2.2. Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute. In addition, any claims by Consultant arising from or related to this Agreement are subject to the claim presentment requirements in the Government Claims Act (Government Code section 900 et seq.).
Services Agreement (General) Page 4 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow
8. INFORMATION AND RECORDS.
8.1. Confidentiality. Consultant will not disclose any information or records related to the performance of this Agreement, including information and records received from the City, as well as information and records created by the Consultant, to any person other than a City employee, unless and only to the extent that the City provides the Consultant with prior written consent to make a disclosure. Consultant will notify the City’s Authorized Representative of any request for disclosure of information, or any actual or potential disclosure of information, under this Agreement. The use and disclosure of the confidential information shall not apply to information which (a) was known to Consultant before receipt of same from City; or (b) becomes publicly known other than through Consultant; or (c) is disclosed pursuant to the requirements of a governmental authority or judicial order.
8.2. Title to Records. Upon full payment of all monies owed to the Consultant, all original documents or records (“work product”), whether paper or electronic, required by this Agreement to be prepared by Consultant (including its employees and subconsultants), whether complete or in progress, are the property of the City. Upon full payment of all monies owed to the Consultant, Consultant will deliver all such work product to the City at the completion of the Services, upon termination, or upon demand by the City.
However, Consultant may make and keep copies of the work product. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any claim, liability, or cost (including reasonable attorney’s fees and defense costs) arising or allegedly arising out of any reuse or modification of the work product by the City or any person or entity that obtains the work product from or through the City.
8.3. Contract Cost Disclosure. For any document or report prepared in whole or in part by Consultant pursuant to this Agreement, Consultant will include the numbers and dollar amounts of related contracts or subcontracts as further specified by Government Code Section 7550.
8.4. Records of Performance. Consultant will maintain adequate records of performance under this Agreement (including Services provided, invoices for payment, and payments received) and make these records available to the City for inspection, audit, and copying, during the term of this Agreement and until four years after the Agreement has expired or been terminated. Notwithstanding the foregoing, City’s right to inspect, copy and audit shall not extend to the composition of Consultant’s rates and fees, percentage mark-ups or multipliers but shall apply only to their application to the applicable units.
8.5. Electronic Communications. Consultant will use reasonable good faith efforts to avoid transmitting electronic viruses or other damaging coding, and will promptly advise the City if Consultant discovers that an electronic virus or similar destructive coding may have been transmitted to the City.
8.6. Copyrights/Patents. In performing the Services under this Agreement, Consultant will not unlawfully infringe on any copyrighted or patented work. Consultant is solely responsible for the cost of any authorizations necessary to use any copyrighted or patented work.
9. ACCIDENT REPORT. If any death, personal injury, or property damage occurs in connection with the performance of the Services, Consultant will promptly submit to the City Clerk’s Office a written notice of the incident of damage with the following information:
9.1. A description of the damage including date, time, and location, and whether any City property was involved;
9.2. Name and contact information of any witness;
9.3. Name and address of the injured or deceased person(s); and
9.4. Name and address of Consultant’s insurance company.
10. INDEMNIFICATION. To the full extent permitted by law, Consultant will indemnify, hold harmless (but Services Agreement (General) Page 5 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow not defend) the City (including its officers, elected or appointed officials, employees, and authorized agents) from and against any and all liability (including damages, injuries, losses, or costs [including reasonable attorney's fees]) (collectively, “Liability”) to the extent caused by Consultant’s acts or omissions under this Agreement. Consistent with Civil Code Section 2782, Consultant will not be obligated to indemnify City for the proportionate share of the Liability caused by the City’s active negligence, sole negligence, or willful misconduct. Consultant’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Consultant, including, but not limited to, workers’ compensation insurance.
11. INSURANCE. Without limiting Consultant’s indemnification obligations in Section 10, Consultant will procure and maintain throughout the period of this Agreement the following policies of insurance and endorsements from insurers (if other than the State Compensation Fund) with a current A.M. Best rating of no less than A:VII or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subcontractors:
11.1. General Liability Policy. Commercial General Liability Insurance (CGL) at least as broad as CG 00 01, covering premises and operations and including but not limited to, owners and contractors protective, product and completed operations, personal and advertising injury and contractual liability coverage with a minimum per occurrence limit of $1,000,000 covering bodily injury and property damage; General Aggregate limit of $2,000,000; Products and Completed Operations Aggregate limit of $2,000,000 and Personal & Advertising Injury limit of $2,000,000, written on an occurrence form. If the Services involve explosive, underground or collapse risks, XCU will be included. If a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate will be twice the required occurrence limit.
11.2. Automobile Liability Policy. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 04 13, Code 1 (any auto),covering use of all owned, non-owned, and hired automobiles and all vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident, combined single limit for bodily injury and property damage liability.
11.3. Workers’ Compensation. Workers’ Compensation insurance meeting statutory limits of the Labor Code, and; Employer’s Liability insurance on an “occurrence” basis with a limit of not less than $1,000,000. . The workers’ compensation policy will contain or be endorsed to contain a waiver of subrogation against the City, its officials, officers, agents, and employees.
11.4. Endorsements. The CGL and automobile liability policies will contain or be endorsed with the following provisions:
11.4.1. The City, its officers, elected or appointed officials, employees, volunteers, and agents, are covered as additional insureds for liability arising out of the operations performed by or on behalf of Consultant.
The coverage will contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, volunteers, and agents.
11.4.2. The Consultant’s insurance is primary and non-contributory with respect to all obligations assumed by Consultant pursuant to this Agreement or any other services provided. Any insurance carried by City shall not contribute to, or be excess of insurance maintained by Consultant, nor in any way provide benefit to Consultant, its affiliates, officers, directors, employees, subsidiaries, parent company, if any, or agents.
11.4.3. The inclusion of more than one insured will not operate to impair or limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured.
11.5. All Policies.
11.5.1. For all insurance policies required under this Agreement, prior to City’s execution of this Agreement, Consultant will furnish the City with certificates and original endorsements effecting the required coverage. Each certificate of insurance will state that the coverage afforded by the policy or policies will not be Services Agreement (General) Page 6 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow reduced, cancelled, or allowed to expire without at least 30 days written notice to City, unless due to non- payment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail. Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as approved by City’s Risk Manager.
11.5.2. Any deductible or self-insured retention of $100,000 or more will be disclosed to the City prior to City’s execution of this Agreement and is subject to approval by the City.
11.5.3. If Consultant does not keep all required insurance policies in full force and effect, the City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.
The coverage types and limits required pursuant to this Agreement shall in no way limit the liability of Consultant.
12. CONFLICTS OF INTEREST. Consultant warrants that as of the Effective Date of this Agreement it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Services. Consultant further warrants that in the performance of the Services, Consultant will not employ or enter into a subcontract with any person or entity having any such conflict of interest.
12.1. Financial Interest. Consultant will not make or participate in making or in any way attempt to use Consultant’s position to influence a City decision in which Consultant knows, or has reason to know, Consultant has a financial interest other than the compensation promised by this Agreement. Consultant represents that it has diligently conducted a search and inventory of its financial interests, as defined in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant’s knowledge, have a financial interest that would conflict with Consultant’s duties under this Agreement. Consultant will immediately notify the City in writing if Consultant learns of a financial interest that may conflict with Consultant’s obligations under this Agreement.
12.2. Covenant Against Contingent Fees. Consultant warrants that it has not employed, retained, or entered into a contract with any person or entity, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any person or entity, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the making of this Agreement. For breach or violation of this warranty, the City may void this Agreement without liability or any further obligation to Consultant, or, alternatively, may elect to deduct from payments due or to become due to Consultant, the full amount of such fee, commission, percentage, brokerage fee, gift, or other consideration.
12.3. Statement of Economic Interest. If the City determines Consultant (or any of its employees or subconsultants) is subject to disclosure requirements under the Political Reform Act (Government Code section 87100 et seq.), Consultant (including any required employees or subconsultants) will complete and file a “Statement of Economic Interest” (Form 700) with the City Clerk’s Office disclosing Consultant’s financial interests.
13. COMPLIANCE WITH LAW.
13.1. Legal and Licensing Compliance. Consultant will comply with all applicable federal, state and local laws, rules, and regulations related to the Services under this Agreement. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses (including, but not limited to, the City of Napa business license), permits, qualifications, and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession or perform the Services.
13.2. Nondiscrimination. At all times during the term of this Agreement, Consultant will comply with all applicable federal, state, and local laws, rules, and regulations prohibiting discrimination based on race, Services Agreement (General) Page 7 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow ethnicity, color, national origin, religion, marital status, age, sex, sexual orientation, disability (including any physical or mental impairment that substantially limits a major life activity), medical condition, or any protected class.
13.3. Taxes. Consultant will file tax returns as required by law and pay all applicable taxes on amounts paid pursuant to this Agreement. Consultant will be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes.
13.4. Provisions Deemed Inserted. Every provision of law required to be inserted or referenced in this Agreement will be deemed to be inserted or referenced.
14. GENERAL PROVISIONS.
14.1. Headings. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
14.2. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement will be construed as not containing that term, and the remainder of this Agreement will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
14.3. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of Napa.
14.4. Attorney’s Fees. If any litigation is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
14.5. Assignment and Delegation. This Agreement will not be assigned or transferred in whole or in part, nor will any of the Consultant’s duties be delegated without the City’s prior written consent. Any attempt to assign, transfer, or delegate this Agreement, in whole or any part, without the City’s prior written consent will be void and of no force or effect. Any consent by the City to one assignment, transfer, or delegation will not be deemed to be consent to any subsequent assignment, transfer, or delegation.
14.6. Modifications. This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.
14.7. Waivers. No waiver of a breach, default, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty. Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement.
14.8. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. If any provision in any document attached or incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.
14.9. Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, and to consult with its respective legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code Section 1654 will not apply to interpret any uncertainty in the meaning of the Agreement.
Services Agreement (General) Page 8 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow [Signature page follows.]
15. SIGNATURES.
15.1. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
15.2. Signatures; Electronic Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. The parties agree that this Agreement may be executed and transmitted electronically and that electronic signatures shall have the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code Section 1633.1 et seq. and California Government Code Section 16.5.
16. LIMITATION OF LIABILITY. The total amount of all claims City may have against Consultant under this Agreement or arising from the performance or non-performance of the services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to Consultant’s total compensation for performing the Services under this agreement. As City’s sole and exclusive remedy under this Agreement any claim, demand or suit shall be directed and/or asserted only against Consultant and not against any of Consultant’s employees, officers or directors.
Neither City nor Consultant shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date set forth below.
CITY: CONSULTANT:
CITY OF NAPA, a California charter city STANTEC CONSULTING SERVICES INC., a New York corporation
By: By:
Steve Potter, City Manager Elias Rashmawi, Operational & Financial Officer
By:
Trevor Macenski, Senior Principal, US
West Planning Practice Leader
Date:
(“ Effective Date”) {***To be inserted by City Clerk for agreements not routed through CLM***}
COUNTERSIGNED:
Erika Leahy, City Auditor {***when routing agreements through the CLM, remove this name and title from the template, as name and title will be entered by the signer in the eSignature phase***} Services Agreement (General) Page 9 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow
APPROVED AS TO FORM:
Michael W. Barrett, City Attorney {***when routing agreements through the CLM, remove this name and title from the template, as name and title will be entered by the signer in the eSignature phase***}
Services Agreement (General) Page 10 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow EXHIBIT “A”
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
1.0. SCOPE OF SERVICES. Consultant will perform the Services described in Exhibit “A-1,” attached hereto and incorporated herein by reference in accordance with the terms of the Agreement. The scope of work attached as Exhibit “A-1” assumes that the Project qualifies for a Sustainable Communities Environmental Assessment; provided however, in the event that the Consultant determines during Task 1 that the Project does not qualify for an SCEA, the Consultant shall prepare any additional documentation required for compliance with CEQA in accordance with CEQA and the CEQA Guidelines.
2.0. SCHEDULE OF PERFORMANCE. The above tasks shall be completed by the schedule outlined in Exhibit “A-1” attached hereto and incorporated herein by reference, or such other deadline agreed to by the parties in writing.
Scope of Work – SCEA 2
A. Scope of Work – SCEA In order for a Transit Priority Project (TPP) or a Residential Project to be eligible for any of the California Senate Bill (SB) 375 California Environmental Quality Act (CEQA) provisions, it must be consistent with the general use designation, density, building intensity, and applicable policies specified for the Project area in either a sustainable communities strategy or an alternative planning strategy (Public Resources Code [PRC] Section 21155(a) and 21159.28). The Project site is located in a Priority Development Area as identified by Association of Bay Area Governments (ABAG) (Downtown Napa and Soscol Gateway Corridor]) within 0.2-mile of the Soscol Gateway Transit Center, a major transit stop. The Soscol Gateway Transit Center is a major transit stop that contains “the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during peak commute periods.” Additionally, the density of the Project qualifies it as a TPP as defined by PRC Section 21155(b)―the South Oxbow Mixed-Use Project proposes a density of 26 units per acre, while the minimum density required to qualify for a TPP project is 20 units per acre. As such, the Project qualifies for a Sustainable Communities Environmental Assessment (SCEA) under SB 375. An SCEA may be used for analysis of TPPs that have incorporated all feasible mitigation measures, performance standards, or criteria set forth in prior applicable environmental impact reports (EIRs) (in this case, Plan Bay Area 2050 EIR, the Napa 2040 General Plan EIR, and the Downtown Napa Specific Plan EIR( (PRC Section 21155.2). In accordance with the statue, residential projects with a total square footage of at least 50 percent residential uses (the Project site plans indicate that over 50 percent of the proposed uses would be residential) and TPPs can use the provisions in PRC Section 21159.28. Documents developed pursuant to PRC Section 21159.28 are NOT required to reference, describe, or discuss the following: • Growth inducing impacts, • Project specific or cumulative impacts from cars and light trucks on Global Warming or the Regional Transportation Network, and • Cumulative effects identified and mitigated for in previous applicable EIR's shall NOT be treated as cumulatively considerable for the project. As such Stantec will evaluate whether the Project is “qualified” as a TPP consistent with SCEA Criteria under PRC Section 21155 and 21155.2; including: Metropolitan Transportation Plan/Sustainable Communities Strategy Consistency, Land Use, Density, Proximity to Transit, and Mitigation Incorporation. The SCEA will evaluate the potential Project impacts on the resource areas covered under CEQA following the Environmental Checklist, Appendix G of the 2022 CEQA Guidelines. If a significant impact could occur, specific mitigation measures would be required to bring any potential significant impact to a level that is less than significant. If a potential significant impact cannot be mitigated to a level of less than significant, preparation of an EIR should be considered. It is assumed that potential impacts can be reduced to a less-than-significant level, and the development of an EIR would not necessary; preparation of an EIR is therefore not included in this scope to prepare an SCEA. Task 1: Project Management, Kick-off & Regular Update Meetings Upon the City’s review of our scope of work, Stantec’s Principal-in-Charge, Trevor Macenski, and Project Manager, Anna Radonich, will attend one 1-hour virtual meeting with City staff and the Applicant to explain the process, methodology, and approach to preparing an SCEA document. Trevor and Anna will coordinate and attend one 2-hour kick-off in-person or virtual meeting with City staff and the Applicant to initiate the Project and review Stantec's scope of work and a description of the Project to be evaluated in the SCEA, including maps and graphics. To maximize efficiency, Stantec also proposes that the kick-off meeting agenda include, but not be limited to, the following action items:
Scope of Work – SCEA 3
• Introduce and establish lines of communication among project team members and identify roles and responsibilities. • Identify, discuss, and revise, as necessary, the scope, methodology, content, approach, and schedule for completion. • Review/refine the project objectives (CEQA). • Discuss the schedule for providing information to Stantec for documents required for preparation of the SCEA. Additionally, during the kick-off meeting, the Applicant team, City, and Stantec will discuss “baseline” and agree on the definition of baseline, for the Project CEQA analysis. Within a week of the kick-off meeting, Stantec shall prepare and submit any revisions to the statement of work based on feedback from the City. Once environmental review is underway, a bi-weekly Project check-in virtual meeting of up to one-hour would be scheduled with the City staff, Applicant, and the Project team to provide updates on the Project progress. Prior to each bi-weekly meeting, Stantec will provide an updated Microsoft Project schedule, agenda, and action items tracker. Stantec will prepare and distribute meeting minutes following all Project meetings Stantec prepares agendas for. In total, we have accounted for fourteen one-hour bi-weekly virtual meetings. In addition, this scope includes one 2-hour virtual meeting for review of City comments to the Administrative Draft SCEA document. This task also includes development and maintenance of the project schedule, and the internal coordination required to publish the necessary CEQA documentation and to prepare the “final” SCEA for adoption by the City. This task consists of those management activities that ensure Stantec’s ability to keep the Project running smoothly. As the liaison between Stantec staff, City staff, and Applicant, Stantec’s Principal-in-Charge, Trevor, will ensure that information is distributed appropriately, and that comments regarding Project-related issues are communicated effectively and efficiently. Stantec will take notes during each meeting attended and distribute the draft notes to the meeting distribution list within three business days of each meeting. Trevor and Anna will attend the following Project meetings: • One 1-hour virtual meeting with City staff and the Applicant to explain the process, methodology, and approach to preparing an SCEA document. • One 2-hour in-person or virtual kick-off meeting to initiate the Project. • Up to fourteen one-hour bi-weekly Project check-in virtual meetings. • One 2-hour virtual meeting for review of City comments to the Administrative Draft SCEA document. • Trevor and Anna’s attendance at up to three public hearings is captured in Task 8, Public Hearings. Deliverable • Draft Meeting Notes for all meetings attended by Stantec (with exception of City Council Hearings as outlined in Task 8, Public Hearings): one electronic copy (MS Word or email and PDF as needed) • Bi-weekly Updated Schedule using Microsoft Project: one electronic copy (PDF) • Meeting Agenda for all Project meetings attended by Stantec: one electronic copy (MS Word or email and PDF as needed)
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• Bi-weekly Updated Action Items Tracker: one electronic copy (MS Word or email and PDF as needed) Task 2: Project Consistency Review and Mitigation Evaluation Under this task, Stantec will gather existing background data on the Project site using available sources such as information from the State Historic Preservation Office, Plan Bay Area 2050, Bay Area Air Quality Management District, and any information generated by the Applicant such as Phase I Environmental Site Assessment (ESA), Preliminary Geotechnical Report, Arborist’s Report and Tree Survey, etc. Stantec will develop the summary findings for the Plan Bay Area 2050 and conduct the mitigation applicability, identifying any mitigation measures that would apply to the Project. Deliverable • Draft Mitigation Evaluation: one electronic copy (MS Word and PDF as needed) Task 3: Project Description Concurrent with Task 2, Project Consistency Review and Mitigation Evaluation, Stantec will initiate Project activities, working closely with City staff to ensure the development of a detailed Project Description in compliance with the City’s expectations. The Project description will include regional and local setting; the Project goals and objectives; and Project characteristics and important features and allow the public to provide input at public meetings and provide meaningful comments on the environmental consequences of the Project. Deliverable • Draft Project Description: one electronic copy (MS Word and PDF as needed) Task 4: Technical Studies Stantec will prepare the below technical assessments in-house to support the SCEA analysis. The standalone Air Quality, Greenhouse Gas (GHG), and Energy Technical Study, Biological Resources Technical Memorandum, and Cultural Resources Technical Summary Report will each be included as appendices to the SCEA document, while the noise and transportation assessments will be wholly contained within the respective resource section with supporting documentation and modeling included as an appendix to the SCEA document. With exception to the in-house technical assessments listed below in Task 4, it is assumed that all other technical studies, site plans, and data, including, but not limited to the Preliminary Geotechnical Report, Phase I ESA, and water/sewer demand calculations, will be provided by the City and/or Applicant during the Project kick-off meeting. This scope of work does not include a Water Supply Assessment and assumes the Applicant will prepare one, if determined necessary, by the City. Additionally, Stantec’s scope does not include agency consultation or permits/permit fees obtained from the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), or the U.S. Fish and Wildlife Service (USFWS). Should permitting be required and not performed by the Applicant, Stantec can provide a supplemental scope of work and fee, upon request. Task 4-1: Air Quality and Greenhouse Gas Emissions Analysis Stantec staff will prepare a standalone Air Quality, Greenhouse Gas, and Energy Technical Study in accordance with the provisions outlined in CEQA, and consistent with the requirements and methodologies recommended by the Bay Area Air Quality Management District (BAAQMD), the Napa 2040 General Plan, and SB 32 greenhouse gas (GHG) reduction targets.
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Affected Environment, Regulatory Setting, and Background Information: This will include a discussion of the Project location and regional setting, summary of pertinent and general air quality requirements, GHG statutes and regulations, including the federal and California Clean Air Acts, California and National Ambient Air Quality Standards and applicable regional air quality and GHG plans and programs. This tasks also includes listing of the Project area attainment status with the ambient air quality standards and summarizing local air quality data (as available). All sensitive receptor sites in proximity to the Project will be identified. The background information will also include a discussion of the Project’s electricity provider and pertinent energy regulations. Criteria Pollutant Estimation. The air quality analysis will include a discussion and evaluation of regional construction emissions and long-term operational emissions. Emissions associated with Project construction and net operation (proposed project emissions minus existing site emissions) will be evaluated using the current version of the California Emissions Estimator Model (CalEEMod). Pollutants to be assessed include the following: reactive organic gases (ROG), oxides of nitrogen (NOx), carbon monoxide (CO), sulfur dioxide (SO2), and particulate matter (PM10 and PM2.5). The construction and net operational emissions will be compared to BAAQMD project-level thresholds disclosed within the BAAQMD’s 2017 CEQA Guidelines to determine project significance. Carbon Monoxide Hotspot Analysis. A qualitative assessment of CO hotspots will be provided consistent with BAAQMD CO screening analysis. If it is later determined that a quantitative assessment of CO is necessary, a budget augment will be requested. Greenhouse Gas Analysis. The air quality modeling prepared for the criteria air pollutants will be used to generate emission estimates of GHGs in metric tons of carbon dioxide equivalent (MT CO2e). Consistent with BAAQMD recommendations, construction and operational emissions will be disclosed within the analysis. In April 2022, the BAAQMD approved updated, qualitative GHG thresholds. These thresholds allow a project to determine significance based on an approved Climate Action Plan (CAP) or meet specific energy and transportation requirements. The City of Napa prepared a draft 2040 General Plan that was published in October 2022 and includes a Climate and Sustainability Element which states that the City is working with the County on a combined CAP. In the event that this CAP is prepared and approved prior to the time of analysis, then the CAP will be used to determine significance. However, if the CAP has not been finalized by the time of analysis, GHG significance will be determined based on the Project’s consistency with BAAQMD’s 2022 qualitative thresholds that would require vehicle miles traveled (VMT) reductions and all electric facilities. In addition, the Project will be compared to other applicable GHG reduction plans such as the California Air Resources Board’s (CARB) Scoping Plan. Construction Health Risk Assessment. The Project site lies in an existing commercial area. Based on a review of Google Earth, there are single family residents located approximately 300 feet to the east and south of the project site boundary. To assess the impacts of construction-related diesel particulate matter (DPM) to nearby receptors, Stantec will prepare a quantitative health risk assessment (HRA) and will be included as an appendix to the Air Quality and GHG Technical Report. The HRA will be conducted in accordance with the Office of Environmental Health Hazard Assessment (OEHHA) and the BAAQMD guidance to assess these impacts. The construction HRA will include the following: • Estimation of TAC Emissions. The main source of TACs would be DPM emissions from construction equipment. DPM emissions will be obtained from the CalEEMod modeling. • Air Dispersion Modeling. Dispersion modeling will be prepared using the current version of AERMOD, a dispersion model approved by the USEPA and BAAQMD to calculate the concentration of DPM at nearby sensitive receptors. • Risk Characterization. The inhalation risk will be estimated as the main exposure pathway from Project emissions is inhalation. The HRA will be calculated following the latest OEHHA and BAAQMD guidance. • Findings and Discussions: The findings for cancer and non-cancer risks will be disclosed and compared to BAAQMD thresholds.
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Note: Due to the proximity of nearby receptors, it is assumed that construction emissions will need to be mitigated with Tier 4 off-road construction to reduce the health risk during construction. Operational Health Risk Assessment. Based on the preliminary project description, the Project is not a source of substantial toxic air contaminants such as those associated with distribution and large warehouse centers that would result in a health risk impact to nearby sensitive receptors. A qualitative discussion of the health risk impacts posed to existing, off-site sensitive receptors will be sufficient. However, the Project would place new residents that could be impacted by existing stationary and mobile sources of TACs. The analysis will include a review of BAAQMD health risk screening tools to evaluate the single stationary and cumulative risk posed to new receptors from stationary and mobile sources within 1,000 feet. Energy Analysis. Project energy demands from petroleum fuel (gasoline and diesel), natural gas, and electricity during both construction and operation will be calculated based on the air quality modeling output files, CARB’s EMFAC2021, and EMFAC OFFROAD. The analysis will also include a discussion of the project’s consistency with energy reduction plans include California Green Building Standards and the City’s 2040 General Plan. Emissions Reductions and Significance Findings. If deemed necessary, mitigation measures will be identified to reduce significant impacts related to air constituents and GHG emissions. Emissions reductions from these measures will be quantified. Sources of measures include, but are not limited to, the Office of the California Attorney General and the California Air Pollution Control Officers Association’s Quantifying Greenhouse Gas Mitigation Measures report. Significance findings will be provided for both pre- and post-mitigation conditions. Assumptions • Stantec will provide the City and Applicant with the modeling assumptions for review and comment prior to initiating the comprehensive modeling. The schedule clock will be paused during the review period and will begin upon receipt of acceptance. • CalEEMod will be used to estimate criteria air pollutant and GHG emissions. • If CalEEMod is updated and the update precipitates revised modeling a budget augment will be warranted. • The criteria air pollutant/GHG modeling includes one round of comprehensive modeling and assumes modeling will be prepared for the existing site (to calculate the emissions that will be displaces) and the proposed Project. Based on the preliminary description of the project, this scope includes 12 hours of modeling. The scope assumes a single phase of construction. If the level of effort exceeds the estimated number of hours a budget augment may be requested. • A qualitative assessment of CO hotspots will be provided. If it is later determined that a quantitative assessment of CO is necessary, a budget augment will be requested. • The HRA assumes that construction will take place over a single phase. If construction is prepared in phases, a budget augment may be requested. If the construction phasing would place residents on the project site prior to completion of construction, an operational HRA to evaluate the risk posed to on-site receptors during remaining construction would be required and a budget augment may be requested. • Major changes to the Project features, design, schedule or other parameters that precipitate revisions to the emissions modeling may also warrant a budget augment. • Changes to the Project that occur after completing the analysis that require re-modeling will be considered additional work that is not covered by this scope of work. • The Project is not considered a source of substantial odors. A qualitative assessment of odors will be provided, which documents the distance to any odor sources relative to the BAAQMD’s guidance.
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• Stantec will prepare Administrative Draft, Screencheck Draft, and Final/Public Draft of all technical studies/assessments. Data Needs The following data would assist in preparation of the analyses. If data is not available, Stantec will use default modeling assumptions and may propose timing and phasing assumptions for approval. • The timing of construction, the type and number of construction equipment anticipated, and the amount of import or export of soil during construction. • Sustainability project design features that would reduce GHG emissions (i.e., energy efficiency features beyond what is required by law, use of drought tolerant plants, water reduction features, waste reduction features, etc.). Schedule Stantec will provide the methodology and modeling assumptions to the City for review within two weeks of receipt of all information needed to complete the analysis. Upon approval of the methodology and assumptions, the air quality/greenhouse gas emissions assessment will be provided to the City within four weeks. Deliverable • Standalone Air Quality, GHG, and Energy Technical Study with modeling output files included as appendices, included as an appendix to the SCEA document. The results will be reflected in the Air Quality, Greenhouse Gas Emissions, and Energy sections of the SCEA. The Study will be submitted to the City in PDF as needed. Task 4-2: Biological Resources Assessment The Project site is substantially developed; however, sensitive habitats or special-status species may still be present. Based on desktop review, existing General Plan information, and the 1999 Floodwall EIS/EIR, Stantec will characterize habitat types present in the Project area and the potential for special-status plant or wildlife species to occur. Stantec will also refer to the City’s tree ordinance and Municipal Code, Chapter 12.44. Based on the results of the desktop review, Stantec will identify standard measures from the General Plan EIR as they apply to the Project. Stantec will document the desktop review in a Biological Resources Technical Memorandum. Assumptions • Stantec will prepare Administrative Draft, Screencheck Draft, and Final/Public Draft of all technical studies/assessments. Deliverable • The standalone Biological Resources Technical Memorandum will be provided as an appendix to the SCEA document. The results will be reflected in the Biological Resources section of the SCEA document. The Memorandum will be submitted to the City in PDF as needed. Task 4-3: Cultural Resources Assessment Stantec will prepare a standalone Cultural Resources Technical Summary Report that will evaluate the Project’s impacts to Cultural Resources. As part of this effort, Stantec, will conduct the following: 1) Review of background information and conduct desktop review of built resources over 50 years in age, 2) conduct pedestrian survey for archaeology and built resources 3) summarize results into an appropriate short technical document format, including historic context, eligibility recommendations and potential impacts on built environment resources. This will include completion of DPR-523 forms for state-level documentation of all surveyed resources.
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Review of Background Information and Desktop Review. Stantec will review background information regarding archaeological resources for the area, including relevant project files; National Register of Historic Places (NRHP) listings; state and local landmark listings; and known previously recorded archaeological sites within 0.25-mile of the Project area. Stantec will also review relevant background information for the area and the built environment, including relevant project files; National Register of Historic Places (NRHP) listings; state and local landmark listings; and known previously recorded resources in the Built Environment Resources Directory (BERD). In-person research may also be completed at the Napa County Library and the Napa County Clerk-Recorder or Assessor. Pedestrian Survey. Stantec will conduct a pedestrian survey of the proposed Project area. Archaeological survey will be conducted by walking systematic transects spaced no greater than 15 meters apart over the entire area of potential effect (APE). Stantec will also complete a built environment pedestrian survey of the built environment in the proposed Project area. This survey will be conducted by driving or walking down Vernon Street and Water Street to document present built environment conditions. Summary Technical Report. Stantec will summarize the results of the desktop review, built resources evaluation, pedestrian surveys, and tribal outreach in a summary technical memo. Tribal Cultural Resources Review. As now required by AB 52, The tribal cultural resources section of the SCEA will analyze direct and indirect impacts to tribal cultural resources as a result of the Project. Stantec staff will analyze impacts by utilizing the information gathered through the cultural and historical resources section desktop review and survey as well as the results of AB 52 consultations with local Tribes to assess impacts to tribal cultural resources. We assume that tribal cultural resources, if impacted, will be mitigated to a less than significant level. This scope of work assumes Stantec will work with the City to prepare and conduct all AB 52 outreach and consultation. Stantec will engage Native American tribes based on the City’s lists to ensure that they are invited to consultation regarding the Project. Assumptions AB 52: • This scope of work assumes Stantec will work with the City will prepare and conduct all AB 52 outreach and consultation. Stantec will engage Native American tribes based on the City’s lists to ensure that they are invited to consultation regarding the Project. • Within 14 days of a decision to undertake the Project, Napa shall provide written notification to the tribes that requested placement on notice list. • Notice to Tribes shall include brief Project Description, location, and Napa contact information. • Tribes have 30 days to request consultation. • Napa shall begin the consultation process within 30 days of receiving a Tribe’s request for consultation. Archaeological and Built Resources Pedestrian Survey: • One archaeologist will survey in one 10-hour day. • A 0.25-mile radius around the will be considered for the desktop review. • Assumes there are built environment resources within the Project area. Desktop review will consider built environment resources. Built Environment Pedestrian Survey • One architectural historian will survey and complete off-site research in one 10-hour day. • All potential built environment resources within a 0.25-mile radius will be considered for the desktop review and survey in areas directly adjacent as needed. • Assumes there will be 5 to 6 built environment resources surveyed and documented.
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Other • Stantec will prepare Administrative Draft, Screencheck Draft, and Final/Public Draft of all technical studies/assessments. Deliverable • The standalone Cultural Resources Technical Summary Report, which will include built environment findings, will be provided as a confidential appendix to the SCEA document and will include completed California Department of Parks and Recreation DPR-523 Forms. The results will be reflected in the Cultural Resources and Tribal Cultural Resources sections of the SCEA. The Report will be submitted to the City in PDF as needed. Task 4-4: Noise Impact Assessment Stantec will develop a noise study within the SCEA document that will evaluate the Project’s impacts from noise. Major noise sources in the Project area are related to roadways, such as First Street and Soscol Avenue, existing retail buildings, single family homes, and activities associated with these uses. Noise increases associated with traffic as well as construction, stationary sources such as HVAC equipment, general operational activities, and functions at the event barn associated with the Project, need to be evaluated. The Noise section of the SCEA document will be developed using the following steps: • Stantec will assess the current ambient noise levels at the Project site using the noise contours contained in Figure 3.11-2 and Table 3.11-11 in the Napa 2040 General Plan EIR. • Using the published ambient noise levels, initial project information, and general site and exterior façade assumptions, establish initial recommendations to mitigate exterior noise to meet the standards for Land/Use Noise Compatibility in the Napa 2040 General Plan, California Building Code, and the California Green Buildings Standards Code (CalGreen). • Using the Project specific traffic count data provided by the traffic assessment and general industry standard practice, determine the potential effect the Project will have on local traffic counts and determine the impact to the neighboring community. Data will be evaluated for anticipated traffic noise during the construction of the Project and from operational traffic noise after the Project is functional. • Quantify the fixed-source operational noise and event barn noise generated by the Project to determine potential noise impacts associated with the Project and will identify potential measures to address these impacts in accordance with Chapter 8.08 “Noise Control Regulations” in the City of Napa Municipal Code and the requirements in the City’s 2040 General Plan. • Stantec will use the Federal Highway Administration Roadway Construction Noise Model (RCNM) to determine potential impacts to surrounding sensitive receptors from short term construction noise. Stantec will provide an assessment regarding project-related construction and its impact on existing noise sensitive receivers. • Using the information contained in the Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines document, determine the potential groundborne vibration impact of the Project construction to nearby sensitive receivers. Assumptions • The noise analysis will be wholly contained within the Noise section of the SCEA. As such, Stantec will prepare Administrative Draft, Screencheck Draft, and Final/Public Draft of all technical studies/assessments. Deliverable • The noise impact assessment will be included within the Noise section of the SCEA, and all modeling results will be included an appendix to the SCEA document in PDF.
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Task 4-5: Transportation Stantec will evaluate the Project’s impact on transportation, including an analysis of VMT. The analysis will address CEQA Guidelines regarding the analysis of transportation impacts where VMT is recognized as the most appropriate metric to evaluate a project’s transportation impact. The Governor’s Office of Planning and Research (OPR) has provided a Technical Advisory (December 2018) that recommends specific VMT significance thresholds that may constitute a significant transportation impact and lead agencies have the discretion to set or apply their own thresholds of significance. OPR recommends use of a per-capita measurement of VMT for CEQA analysis based on average VMT per resident for evaluation of residential development. The City of Napa has similarly adopted thresholds of significance consistent with the OPR recommendation. Certain types of development, such as development within a 0.5-mile of an existing major transit stop can generally be presumed to have a less than significant impact on VMT. The proposed Project would add new development that is less than a 0.5 mile walk from the Soscol Gateway Transit Center located on Burnell Street. The Project site is also located with a Priority Development Area as designated by the Napa County Transportation Authority, as well as within a Transit Priority Area as documented by the Metropolitan Transportation Commission. The Soscol Gateway Transit Center is a hub for Vine Transit with bus arrivals every few minutes. Since the Soscol Gateway Transit Center qualifies as a major transit stop, the Project is expected to have a less than significant impact on VMT. The transportation assessment will also address potential conflicts with current transportation planning programs (plans, ordinances, and policies), increased hazards due to the project geometric design features if applicable, and emergency access. Exclusions • Intersection level of service (LOS) analysis. Per the request of the City, Stantec has developed a preliminary scope of work to evaluate LOS as a separate and standalone scope of work. We anticipate working with the City to finalize the desired intersections and modeling scenarios. Stantec’s LOS scope of work/fee is included as Attachment 1 to this SCEA proposal. • Site circulation and access analysis • We anticipate a parking evaluation will be prepared by the Applicant in working with the City Assumptions • The VMT analysis will be wholly contained within the Transportation section of the SCEA. As such, Stantec will prepare Administrative Draft, Screencheck Draft, and Final/Public Draft of all technical studies/assessments. Deliverable • The transportation assessment will be wholly contained within the Transportation section of the SCEA, and all relevant data and calculations will be an appendix to the SCEA document in PDF. Task 5: Administrative Draft SCEA Stantec will prepare the Administrative Draft SCEA under this task, which will include a description of the Project, supporting map(s) showing the Project site, a list of Project objectives, the probable environmental effects of the Project based on criteria contained in the Plan Bay Area 2050 EIR and the 2022 CEQA guidelines. Stantec will develop a SCEA that incorporates all feasible mitigation measures, performance standards, or criteria set forth in the Plan Bay Area 2050 EIR, the Napa 2040 General Plan EIR, and the Downtown Napa Specific Plan EIR) (PRC Section 21155.2) Stantec will also rely on information in the the 1997 American Center for the Wine, Food, and Arts Project EIR, and 1999 Napa River/Napa Creek Flood Reduction Project Final Supplemental Environmental Impact Statement[EIS]/EIR [1998 Floodwall EIS/EIR]) to supplement the analysis as needed.
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The SCEA will evaluate the potential Project impacts on the resource areas covered under CEQA following the Environmental Checklist, Appendix G of the 2022 CEQA Guidelines. If a significant impact could occur, specific mitigation measures would be required to bring any potential significant impact to a level that is less than significant. If a potential significant impact cannot be mitigated to a level of less than significant, preparation of an EIR should be considered. It is assumed that potential impacts can be reduced to a less-than-significant level and the development of an EIR would not be necessary; preparation of an EIR is therefore not included in this scope to prepare an SCEA. All text and graphics to be used in the SCEA will be included, in proposed final form, in the Administrative Draft SCEA document. In addition to all legal requirements, the Administrative Draft SCEA will also include the following: • A summary table that clearly describes all potential impacts, states whether or not the impact is significant, identifies potential mitigation measures, and indicates whether or not the impact remains significant upon implementation of the mitigation measures. • Maps, graphics, tables, and charts necessary to clearly depict the location and nature of any environmental constraints and potentially significant impacts identified in the SCEA, and present relevant information. • An impact discussion that numerically identifies each impact, with each significant impact followed by appropriate mitigation measures. Whenever possible, equally effective alternative mitigation measures should be proposed. This will allow the City to select the mitigation measure determined to be most feasible and desirable at the time of Project approval. Furthermore, the Administrative Draft SCEA document will also include a robust, separate, and specific section documenting and establishing the baseline conditions for the Project. The Project site is currently developed. The SCEA will include the following sections: • Introduction. This section will provide introductory information about the Project and the document organization. This section will also include the required findings indicating that the Project complies with the requirements of CEQA for using a SCEA pursuant to PRC Section 21155.2(b). • Project Description. This section will include the Project Description. • Transit Priority Projects and the Sustainable Communities Environmental Assessment. This section will include a background discussion on SB 375 and an analysis of the Project’s consistency with the TPP Criteria and Plan Bay Area 2050. • Initial Study Checklist. This section will include the completed Initial Study Checklist showing the significance level under each environmental impact category. • Environmental Impact Analysis. This section will include an assessment and discussion of impacts associated with each subject area in the Initial Study Checklist. In making an impact determination, the analysis will assume implementation of applicable Project design features. Where potentially significant effects are identified, mitigation measures will be provided to reduce such impacts to a less-than-significant level. Each checklist discussion will list applicable Project-level mitigation measures from the Plan Bay Area 2050 Mitigation Monitoring and Reporting Program (MMRP) and demonstrate Project compliance. • List of Preparers. This section will provide a list of City personnel, other governmental agency personnel, and consultant team members who participated in the preparation of the SCEA. • References, Acronyms, and Abbreviations. This section will provide a list of references, acronyms, and abbreviations used in the SCEA.
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• Appendices. The various technical reports and other documents used to support the SCEA will be provided on a file sharing site (FTP). Our team will compile all sections of the SCEA document and will conduct thorough internal senior review by the Project Manager, QA/QC review, and editorial review to ensure an appropriate level of technical content, readability, and consistency prior to submittal to the City for review. The Administrative Draft SCEA will be prepared for the City. Stantec will then use City comments on the Administrative Draft SCEA to develop the Screencheck Draft SCEA. While all resources will be analyzed in the SCEA, per CEQA Guidelines, the following discussions highlight the resource considerations that we anticipate being critical to the Project: Aesthetics This section of the SCEA will address the visual resources in the Project vicinity and the potential for visual impacts to occur as a result of implementing the Project. The Napa 2040 General Plan will be used to determine the local significance of the area’s visual character. While the Project site is formerly a developed project in an urban area, the Project will constitute a denser land use on the Project site, and thus could potentially affect the aesthetic character or quality of the existing visual environment. Stantec will use the Applicant’s elevations to evaluate the potential visual and aesthetic impacts from the Project. While a formal aesthetics analysis is not required for an SCEA document, Stantec will include the section in the SCEA document for informational purposes. Air Quality and Greenhouse Gas Emissions Stantec will prepare the Air Quality and Greenhouse Gas Emissions sections of the SCEA using the Air Quality, Greenhouse Gas, and Energy Technical Study outlined in Task 4-1, Air Quality and Greenhouse Gas Emissions. Biological Resources Stantec will prepare the Biological Resources section of the SCEA using the Biological Resources Technical Memorandum as outlined in Task 4-2, Biological Resources Assessment, and the 1999 Floodwall EIS/EIR. Cultural Resources and Tribal Cultural Resources Stantec will prepare the Cultural Resources and Tribal Cultural Resources sections of the SCEA using the Cultural Resources Technical Summary Report as outlined in Task 4-3 Cultural Resources Assessment. This scope of work assumes Stantec will work with the City to prepare and conduct all AB 52 outreach and consultation. Stantec will engage Native American tribes based on the City’s lists to ensure that they are invited to consultation regarding the Project. Energy Stantec will prepare the Energy section of the SCEA using the Air Quality, Greenhouse Gas, and Energy Technical Study outlined in Task 4-1, Air Quality and Greenhouse Gas Emissions. Hazards and Hazardous Materials Stantec will prepare the Hazards and Hazardous Materials section of the SCEA using the Phase I ESA and any other information prepared by the Applicant’s consultant. Stantec will use the Phase I ESA to describe the known and potential sources of hazardous wastes in the Project vicinity (i.e., with 0.25-mile of the Project site). Additionally, Stantec will review online databases from the Department of Toxic Substances Control, Regional Water Quality Control Board, and other regulatory agencies to determine the potential for encountering hazardous wastes within the Project area. Hydrology and Water Quality Stantec will analyze potential impacts on hydrology and water quality, including analysis of the stormwater system, potential flooding impacts, and potential impacts on the Napa River, when preparing
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the Hydrology and Water Quality section of the SCEA. Stantec will reference the 1999 Floodwall EIS/EIR as needed. Land Use and Planning / Population and Housing Existing conditions will be reviewed by Stantec through resource-specific site visits, by determining site zoning, and examining local land use plans and policies to determine Project consistency. Existing surrounding land uses will be identified and described to determine land use compatibility and to identify potential conflicts that could occur during Project construction or operation. In evaluating land use issues, Stantec will consider the consistency/compliance of the Project with federal, state, regional, and local land use plans and regulations, as well as the Project’s compatibility with the existing and planned land uses in the vicinity. Stantec will compare the Project’s impacts in population with the Napa 2040 General Plan and General Plan Housing Element to confirm that the Project’s impacts to population have been accounted for both at regional and local levels, and to determine if an appropriate jobs/housing balance will be maintained. Noise Stantec will prepare the Noise section of the SCEA as outlined in Task 4-4, Noise Impact Assessment. Public Services Stantec will use the most recent data available and contact relevant service providers to provide a description of existing Napa community services, including police and fire protection and schools. We will provide a description of potential impacts to existing conditions and services resulting from the construction and operation of the Project. Transportation Stantec will prepare the Transportation section of the SCEA as outlined in Task 4-5, Transportation. We will evaluate both onsite and adjacent circulation routes for both automobile, pedestrian, and bicyclists to make the requisite significance determinations in accordance with the CEQA guidelines. Stantec will assess the transportation impacts (i.e., traffic, transit, pedestrian, bicycle, and parking) associated with construction and operation of the Project. The Project site is located within 0.2-mile of the Soscol Gateway Transit Center, a major transit stop. Generally, projects within 0.5-mile of a major transit stop should be presumed to cause a less than significant transportation impact. Utilities and Service Systems This section of the SCEA will address potential effects related to the availability and capacity of utilities and services. Utilities and services that will be addressed include sewer service, water service, and solid waste collection and disposal. This section will discuss whether any of these services or facilities is below adopted standards, or near or beyond their capacity to adequately serve the Project. Stantec will rely on stormwater, sewer, and water supply/capacity calculations provided by the Applicant. Particular attention will be given to water demands that will result from long-term operation of the Project. Wildfire The SCEA document will analyze the potential for wildfire inducement. Stantec will utilize any existing fire behavior modeling and City and County wide efforts but will make current references to existing fuel loads and wind behaviors. Additionally, Stantec will reference any State Wildfire Hazard Severity Zone designations. A detailed analysis of impacts that could occur as a result of implementation of the Project will be conducted and presented for each element of the natural and built environment. Baseline conditions will be qualitatively and quantitatively described. The boundaries of the affected environment will be established by definable geographic units such as airshed, watershed, viewshed, and socio-political
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boundaries. Impacts will be qualitatively and quantitatively assessed and described. Significance of impacts will be measured against criteria that have been established by regulation, accepted standards, or other definable criteria. Information sources will be cited. Stantec will prepare and submit one electronic copy (MS Word) of the Administrative Draft SCEA (including appendices) to the City for review. It is assumed the City will provide one consolidated, reconciled set of comments on the Administrative Draft SCEA. Deliverable • Administrative Draft SCEA: one electronic copy (MS Word and PDF as needed). Task 6: Screencheck Draft and Public SCEA Screencheck Draft SCEA Upon receipt of the City’s comments on the Administrative Draft SCEA, Stantec will make necessary revisions and prepare and submit one electronic copy (MS Word and built PDF) of the Screencheck Draft SCEA (including appendices) to the City for review. It is assumed the City’s comments on the Administrative Draft SCEA will be minimal and will not require new analysis or modeling. Public SCEA Stantec will prepare the Public SCEA by implementing the City’s comments on the Screencheck Draft SCEA. It is assumed that the City will provide a consolidated, reconciled set of comments on the Screencheck Draft SCEA (including appendices). It is assumed the City’s comments on the Screencheck Draft SCEA will be minimal and will not require new analysis or modeling. The Public SCEA is the version of the document which will circulate around to the public, be posted on the City’s website, and sent to the State Clearinghouse. Stantec understands that the City will be responsible for on-site notices and legal notices in the newspaper. Stantec will prepare the notices (including the Notice of Intent to Adopt [NOA] and Notice of Completion [NOC]) and the City will prepare the notice list and prepare and mail the citizen mailings. This task includes preparation of the associated mailings and newspaper notices electronic files for City printing, envelope stuffing, and distribution. Stantec will prepare the SCEA in a manner that is ready to be published for public review. Once the SCEA is deemed acceptable for public distribution, Stantec will upload the electronic copies to the State Clearinghouse CEQA portal in coordination with the City. Stantec will provide an electronic copy to the City for distribution and web posting. Upon request, Stantec will provide the City with up to three bound hard copies (with appendices on thumb drive) of the SCEA document. Administrative Record Stantec will maintain the administrative record throughout preparation of the SCEA document. Stantec will submit an electronic copy of the administrative record, via file sharing site (FTP), to the City prior to publication (30-day public circulation) of the SCEA document. Deliverable • Screencheck Draft SCEA for City review: one electronic copy (MS Word and PDF). • Public SCEA for public circulation, posting to City’s website, and SCH: one electronic copy (MS Word and PDF) • One electronic copy of the NOA (PDF) • One electronic copy of the NOC (PDF)
Scope of Work – SCEA 15
• State Clearinghouse Electronic Submittal (including SCEA, NOC, and SCH Project Summary Form) • Upon request, Stantec will provide the City with up to three bound hard copies (with appendices on thumb drive) of the SCEA document. • Administrative Record: one electronic copy (MS Word and PDF) • Assumes all black and white printing (except colored graphics) and that each deliverable is no more than 500 printed pages. Task 7: Response to Comments and Mitigation Monitoring and Reporting Program Response to Comments Under this task, Stantec will work with the City to respond to all comments related to the environmental analysis and provide the City with responses for their Staff Report, if requested by the City, for up to 50 individual comments (not individual comment letters) received during public review of the SCEA. This task does not include the formal preparation of a response to comments document. To this end, Stantec will prepare written responses to comments received during the public review period and submit them for City staff review within 15 days of receipt of comments from the City. The responses to comments will be prepared based on the requirements of the State CEQA Statutes and Guidelines. We assume the City will receive all public comments and compile them for Stantec. Responses that are within this proposal’s scope of work and budget consist of explanation, elaboration, or clarification of the data contained in the publicly circulated SCEA, with a budgeted effort for technical staff to respond up to 50 individual comments. Mitigation Monitoring and Reporting Program (MMRP) Stantec will prepare an MMRP for the Project, meeting the requirements of PRC Section 21081.6. We will prepare an Administrative Draft MMRP for City review. Upon receipt of a single consolidated, reconciled set of comments on the Administrative Draft MMRP, Stantec will prepare the “final” MMRP, reflecting all City comments. The MMRP will include revising mitigation measures included in the Response to Comments. Deliverable • Responses to Comments for City Staff Report: one electronic copy (MS Word and PDF as needed) • Administrative Draft MMRP: one electronic copy (MS Word and PDF as needed) • “final” MMRP: one electronic copy (MS Word and PDF) Task 8. Public Hearings Stantec Principal-in-Charge, Trevor, and Project Manager, Anna, will both attend up to four 2-hour public hearings (in-person or virtual) for the Project. It is assumed that Stantec will prepare a slide-deck presentation and/or graphics of the Project to accompany the City’s Staff Report presentation. When meetings take place as a formal public hearing before the Planning Commission or City Council, the City will be responsible for the preparation of minutes and the keeping of records. Additional public hearings/meetings will be reimbursed at a cost of $2,500 per meeting for both Trevor and Anna to attend, with prior authorization by the City.
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B. Schedule The following is the preliminary work schedule for the South Oxbow Mixed-Use Project, assuming authorization is received by December 1, 2023. Stantec will work with the City on finalizing this schedule during the initial project kick-off meeting. Work Product / Milestone Estimate Completion (Weeks) Contract Awarded Week 1 Project Initiation Meeting; Receipt of Approved Project Plans, and all Technical Studies Prepared by the City’s/Applicant’s consultants Week 1 Stantec Submits Draft Project Description for City Review Week 2 City Review Draft Project Description Week 3 Stantec Prepares Administrative Draft SCEA and Technical Studies Week 4-8 City Reviews Administrative Draft SCEA and Technical Studies Weeks 9-11 Stantec Revises and Submits Screencheck Draft SCEA to City Week 12-13 City Reviews Screencheck Draft SCEA Week 14-15 Stantec Revises and Prepares Public SCEA for Submittal to City and State Clearinghouse Week 16 SCEA Distributed for Public Review Week 17 State Clearinghouse 30-Day Public Review Period Weeks 18-22 Stantec Prepares Responses to Comments and MMRP Weeks 23-24 Hearings TBD Services Agreement (General) Page 11 of 11 Form 2.1.1 (2022-09-01) Environmental Services for Project No. PL23-0082 South Oxbow EXHIBIT “B”
COMPENSATION RATES AND CHARGES
1. AUTHORIZED HOURLY RATES:
Consultant will be compensated for time reasonably necessary to provide the Services based on the hourly rate schedule in “B-1” attached hereto and incorporated herein by reference, subject to the not-to-exceed limit in Section 2.1 of the Agreement:
2. AUTHORIZED EXPENSES AND RATES:
Consultant will be reimbursed for costs incurred to provide the Services in accordance with Exhibit “B-1” attached hereto and incorporated herein by reference and subject to the not-to-exceed limit in Section 2.1 of the Agreement.
DETAILED COST - SCEASOUTH OXBOW MIXED-USE PROJECTRate Table: 2CLASSIFICATION UNITS RATE Units Dollars Units Dollars Units Dollars Units Dollars Units Dollars Units Dollars Units Dollars Units Dollars Units Dollars Units Dollars Units Dollars Units Dollars Units DollarsLABOR ALLOCATIONSTANTEC LABORLevel 3 hour$111 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0Level 4 hour$122 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0Level 5 hour$139 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0Level 6 hour$143 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0Level 7 hour$152 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0Level 8 hour$162 0 $0 40 $6,480 40 $6,480 0 $0 32 $5,184 0 $0 0 $0 0 $0 200 $32,400 80 $12,960 40 $6,480 0 $0 432 $69,984Level 9 hour$168 0 $0 0 $0 0 $0 0 $0 0 $0 80 $13,440 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 80 $13,440Level 10 hour$173 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 24 $4,152 0 $0 0 $0 0 $0 0 $0 24 $4,152Level 11 hour$189 0 $0 8 $1,512 16 $3,024 70 $13,230 0 $0 0 $0 0 $0 0 $0 80 $15,120 20 $3,780 20 $3,780 0 $0 214 $40,446Level 12 hour$198 0 $0 0 $0 0 $0 5 $990 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 5 $990Level 13 hour$209 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 10 $2,090 0 $0 0 $0 0 $0 0 $0 10 $2,090Level 14 hour$219 32 $7,008 0 $0 4 $876 0 $0 6 $1,314 0 $0 24 $5,256 0 $0 60 $13,140 16 $3,504 12 $2,628 24 $5,256 178 $38,982Level 15 hour$232 0 $0 0 $0 0 $0 0 $0 0 $0 4 $928 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 4 $928Level 16 hour$256 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0Level 17 hour$265 16 $4,240 2 $530 2 $530 0 $0 0 $0 0 $0 0 $0 4 $1,060 16 $4,240 4 $1,060 8 $2,120 24 $6,360 76 $20,140TOTAL LABOR ALLOCATION $11,248 $8,522 $10,910 $14,220 $6,498 $14,368 $5,256 $7,302 $64,900 $21,304 $15,008 $11,616 1023 $191,152 5% Contingency Budget $9,558EXPENSES ALLOCATIONSTANTEC EQUIPMENTField Vehicle day $100 0 $0 0 $0 0 $0 0 $0 0 $0 2 $200 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 2 $200Level D Safety Equipment day $40 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0SUBTOTAL EQUIPMENT COSTS $0 $0 $0 $0 $0 $200 $0 $0 $0 $0 $0 $0 2 $200REBILLABLESShipping/Postageeach $25 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 3 $75 0 $0 0 $0 3 $75Doc print each $250 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 3 $750 0 $0 0 $0 3 $750records search fee each $1,300 0 $0 0 $0 0 $0 0 $0 0 $0 1 $1,300 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 1 $1,300Mileage each $0.555 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 600 $333 600 $333SUBTOTAL REBILLABLES $0 $0 $0 $0 $0 $1,300 $0 $0 $0 $825 $0 $3330 $2,458TOTAL EXPENSE ALLOCATION Markup 0% $0 $0 $0 $0 $0 $1,500 $0 $0 $0 $825 $0 $333 607 $2,658TOTAL COSTS $11,248 $8,522 $10,910 $14,220 $6,498 $15,868 $5,256 $7,302 $64,900 $22,129 $15,008 $11,949$203,368Task 4 - Technical StudiesTask 2 - Consistency Review and Mitigation EvaluationTask 1 - Project Management, Kick-off & Regular Update MeetingsAQ/GHG/HRA/Energy Cultural Noise VMTBioTOTAL COSTTask 5 - Admin Draft SCEATask 6 - Screencheck Draft and Public SCEATask 8 - Public Hearings Task 3 - Draft Project DescriptionTask 7 - RTC and MMRP FINAL_south_oxbow_coster.xlsx Page 1 of 1 Stantec Inc.