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HomeMy WebLinkAboutC-2336wa -�0 C-- 4S3(.-1 AMENDMENT NO. 1 TO AGREEMENT FOR PLANNING AND CONSULTING SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND HOGLE - IRELAND, INC. This Amendment No. 1 ( "Amendment No. I") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Hogle- Ireland, Inc. with respect to that certain Professional Services Agreement between the parties dated February 6, 2008 ( "Agreement "). The parties agree as follows: 1. Pursuant to Section 3.3.1 of the Agreement, the total compensation is hereby reduced by $70,252 as shown in Exhibit "A" for a new total compensation of $772,878, as referenced in the attached Exhibit `B ". 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA HOGLE - IRELAND, INC. By: / By: Donald nman ity anager Dated: /mod , 2009 ATTEST: r4sya� ity Clerk APPROVED AS TO FORM: Stephen Deitsch, City Attorney Title CONCUR: ason Krucke erg, Develop t Services Director Exhibit A Exhibit B Exhibit B — Compensation (REVISED) Arcadia General Plan COST ESTIMATE OVERVIEW Consultant Original Cost REVISED COST Ho le- Ireland, Inc. $495,355 $440,193 Keyser, Marston Associates $47,085 $47,085 BonTerra Consulting $168,750 $153,660 The Mobility Group $62,060 $62,060 Veronica Tam & Associates $30,000 $30,000 Urban Crossroads $20,200 $20,200 Wilson Geosciences $19,680 $19,680 TOTAL COST ESTIMATE $843,130 $772,878 Reduced Budget $70,252 .: • • CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT PLANNING AND CONSULTING SERVICES 1. PARTIES AND DATE. This Agreement is made and entered into this Ae day of +tb, 2008 by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and Hogle- Ireland, Inc. with its principal place of business at 2860 Michelle Drive, Suite 100, Irvine, CA 92606 and a local office at 201 South Lake Avenue, Suite 308, Pasadena, CA 91101 ( "Consultant "). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Planning and Consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Arcadia General Plan Update project ( "Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Planning and Consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from the date of execution to February 5, 2010, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Revised 5106 LM 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor, The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit 'B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the prior written approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon prior written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Laura Stetson, AICP, Principal, Hogle- Ireland, Inc. and Diana Gonzalez, Assistant Project Manager, Hogle - Ireland, Inc. 3.2.5 City's Representative. The City hereby designates Don Penman, City Manager or his designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the Revised L06 LM 2 T, • 0 City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his designee. 3.2.6 Consultant's Representative. Consultant hereby designates Laura Stetson, Principal, Hogle - Ireland, Inc., or her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Revised 5/06 LM 3 ,' 3.2. 10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insureds under the Contractor's policies of insurance. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer's consent to naming City, its directors, officials, officers, employees, agents and volunteers as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage for premises and operations, contractual liability, personal injury, bodily injury, independent contractors, broad form property damage, explosion, collapse, and underground, products and completed operations; (2) Automobile Liability: Insurance Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed by Consultant or for which Consultant is responsible; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. City, its directors, officials, officers, employees, agents and volunteers shall be listed as additional insured. Any deductibles or self - insured retentions must be declared to and approved by City and conform to the requirements provided in Section 3.2.10.6 herein. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with an aggregate limit of $1,000,000. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Revised 5/06 LM 4 f 0 0 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of three (3) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees and volunteers shall be covered as additional insured with respect to liability arising out of Services operations and for completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy, which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested of cancellation, of intended non - renewal or endorsement reduction in limit or scope of coverage; provided, however, that in the event of cancellation due solely to non - payment of premium, ten (10) days notice of cancellation for non - payment of premium may instead be given to the City.; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Revised 5/06 LM R P I. 0 9 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self- Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, admitted or approved to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with complete and accurate copies of current certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. Copies of all certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10.9 Safetv. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.10.10 Material Breach. Lack of insurance does not negate Consultant's obligations under this Agreement. Maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of the Agreement. Revised 5166 LM i r 11 0 • 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including reimbursements which receive the City's prior written authorization, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eight- Hundred Forty Three Thousand One Hundred Thirty dollars ($843,130) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement that indicates work completed on a percent complete basis by task. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall be reimbursed for all expenses on a direct -cost basis, including all printing costs, provision of materials for community workshops, document mailing, and travel costs. Consultant will itemize such expenses in its invoices. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses 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 and any other documents created pursuant to this Agreement. 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. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, Revised 5106 LM 7 .. • at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Laura Stetson, AICP Hogle- Ireland, Inc. 201 South Lake Avenue, Suite 308 Pasadena, CA 91101 City: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 -6021 Attn: Jason Kruckeberg, Development Services Director Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "), upon Consultant's receipt of payment for same. Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal Revised 5!06 LM 10 right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, or agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, or agents, in any such suit, action or other legal proceeding arising from Consultant's performance of the Services, the Project or this Agreement; except to the extent that liability is caused by any negligence or willful misconduct by the City or its directors, officials, officers, employees, agents or volunteers. Consultant shall reimburse City and its directors, officials, officers, employees, and /or agents, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, or agents and shall take effect immediately upon execution of this Agreement. Notwithstanding any provision herein to the contrary, the defense and indemnification obligations of Consultant set forth herein shall not apply to any litigation Revised 5106 LM 9 brought by third parties challenging project approval based solely on allegations other than negligent actions or omissions. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, and agents, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. Revised 5/06 LM 10 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written Revised 5/06 LM 11 LI LI approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Revised 5106 LM 12 • CITY OF ARCADIA By: �m.+ [.iZ.��ir� re r_ By: Donald Penman City Manager Dated: 3- I's loy 2008 ATTEST: A w C6 City Jerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Revised 5/06 LM 13 HOGLE- IRELAND, INC. [Title] Z. S oy 4-15& 9 ckeberg Date elopment Servic s Director EXHIBIT "A" SCOPE OF SERVICES GNll VT . 1 1 �ll�►Til�l A -1 Exhibit A Scope of Services Arcadia General Plan General Plan Format and Design The City's current General Plan is organized in a manner that consolidates required General Plan Elements into six chapters: • Introduction • Community Development • Municipal Facilities and Services • Environmental Resources • Environmental Hazards • Implementation and Monitoring The City of Arcadia desires to create a new General Plan that fits into the traditional General Plan structures consisting of the seven State - required elements. In response to the City's desire, the work scope includes the following elements: • Land Use, Community Design, and Economic Development • Housing • Circulation • Open Space • Conservation (which can include historic resources) • Noise • Safety In addition to the State - mandated topics, the City's General Plan covers topics and issues important to the Arcadia community, such as those covered in the current Municipal Services and Facilities chapter. These topics and any new issues that emerge during the General Plan process will be integrated into the Plan within the structure outlined above. A directory of pertinent issues in the City will be included in the Plan to guide readers to the appropriate General Plan elements. In topic areas where issues may overlap into other elements, information location boxes will be included in the text to direct readers to other relevant sections of the Plan. The plan will also include an Introduction chapter and an Implementation Chapter. Separating implementation actions or programs from the individual elements facilitates the periodic review and revision of General Plan programs. While the City's overall goals and policies in an Element may be relevant over the long -term, actions to achieve those goals and polices may need to be modified in response to changing physical, financial, or political circumstances. Creating a user - friendly document is paramount to successful implementation of the General Plan. While City staff will need access to specific data and information in the Plan, many residents and business and property owners may use the Plan to learn more general information. To this end, each element will include the traditional structure of goals and polices but will also include a summary that clearly and succinctly captures the issues and policies in that element. For issues and policies that are geographically specific, a map will be included. Most technical studies and information will be included as technical background papers separate from the Plan. Separating technical data will expand the life of the Plan by focusing on the City's vision and goals to maintain a high- quahty community, rather than spotlighting current issues. This will result in a General Plan that clearly articulates policy for Arcadia. Engaging the Community The approach to community engagement, described in detail in Task 2, will include: 1) Periodic content material for the City's General Plan webpage on the Arcadia website 2) Stakeholder and affinity group interviews 3) A General Plan Advisory Committee (GPAC) 4) A focused land use and urban design charrette for Downtown Arcadia 5) Two community -wide workshops 6) Study sessions with the Planning Commission and City Council GIS Data and Mapping An important component of the General Plan program is the establishment of mapping to accurately depict locations of land uses, circulation routes, community resources, environmental constraints, and other features of the Plan. The Hogle- Ireland team will use ArcGIS 9.2 to conduct spatial analysis and prepare maps for the General Plan. Hogle- Ireland staff has extensive experience using GIS for General Plan programs to calculate areas of existing and proposed land uses, estimate future development for general plans, redevelopment plans and EIRs. ArcGIS has been used on many assignments to develop demographic, housing, economic and environmental information used in developing plans. General Plan exhibits will be developed using ArcGIS 9.2, to produce maps of excellent quality and accuracy. Hogle- Ireland staff will work closely with Arcadia GIS staff to ensure consistency of data quality and map products with existing City standards. All data will be provided to the City at the end of the work program for re- integration into the City's GIS database. Work Program /Scope of Services TASK 1 — PROJECT INITIATION AND ONGOING COORDINATION A project of this scale and complexity requires careful coordination, frequent communication and collaboration with City staff, and a unified team. This initial task establishes project management procedures, including communication protocol, scheduling, and timely delivery of products and services. The Project Manager and Principal -in- charge will maintain regular communication with the City's designated contact person to monitor and review project progress. 1.1 — Project Kick -off and Work Program Refinement Hogle- Ireland will organize a kick -off meeting with City staff and the consultant team. This meeting will allow us to work with staff to refine the work scope, identify key player roles, establish communication protocol and product review procedures, and identify relevant agencies and organizations for the update. We will refine the scope and schedule based on discussions with the consultant team and City staff. We will also work with staff to define a strategy to ensure consistency with the General Plan update and any significant ongoing projects. Work Products • Up to two kick -off meetings with city staff and consultant team • Refined Work Program and Schedule 1.2 — City Staff Meetings For the duration of the project, Hogle- Ireland will attend City staff meetings to be held a minimum of once a month to ensure project coordination, and to support close collaboration with City staff. These meetings will provide a forum to review and discuss issues and draft documents, plan presentations, and maintain clear channels of communication. We will also prepare monthly progress reports that will summarize the current status of the work effort. This task includes regularly scheduled calls between Hogle- Ireland's project manager and the City's project manager to review project status, milestones, project needs, etc. Work Products City staff meetings, with a budgeted meeting allowance Monthly progress reports 1.3 — Branding and Program Notebooks To create a recognizable identity for the General Plan program, we will create a unique logo that will be used on the website and all materials published. Our budget includes an allowance for this task. We will prepare program notebooks for use by staff and the General Plan Advisory Committee to help keep materials organized throughout the course of the program. Work Products • General Plan logo • Project notebooks (30 total) TASK 2 - COMMUNITY ENGAGEMENT Our approach to community engagement in planning programs is rooted in collaborative plamung. We strongly support engaging members of the community who may not have ever been involved in planning activities, or any city activity for that matter. Therefore, the community engagement program we have designed specifically for Arcadia residents and the business community looks to involve people from a much broader spectrum. To address the diverse language capabilities of Arcadians, we will include Veronica Tam, who speaks Cantonese and Mandarin, and Diana Gonzalez, who speaks Spanish, in the outreach activities. 2.1 — Refine and Finalize Public Participation Program This task, which will occur as part of the scope refinement process (task 1.1), will allow us to work with City staff to determine whether the participation program requires any changes. As a separate follow-up meeting, once the work scope has been fully defined, we will, based on discussions with City staff and additional research, identify specific groups to be included in the stakeholder /affinity group interviews, set preliminary dates for community workshops, define relations with the local media, etc. Work Products 9 Draft and final public participation program and schedule 2.2 — General Plan Website Support The City will design and host a wwebpage on the City of Arcadia website that provides 24 -hour access to information about the General Plan program. Hogle- Ireland will provide to the City background reports and other materials published for the City to post on the webpage. Our budget indicates an allowance for this task. Any time required beyond this allowance will be billed on a reimbursable basis with prior authorization from the City. Work Product M General Plan products in format suitable for posting on the City's website 2.3 — Stakeholder /Affinity Group Interviews We will conduct interviews with key City staff, community leaders, community service providers, and groups we term "affinity groups ". Affinity groups are existing local community organizations with a focused interest, such as historic preservation, children's sports (for example, AYSO or Little League), the Chamber of Commerce, or an ecumenical group. This approach will provide insight into what these opinion leaders see as the needs and priorities for the City's future, and will help us plan and prepare for the community workshops and public opinion survey. Hogle- Ireland will work with City staff to identify individuals and groups to participate in interviews. The task will be accomplished through a series of group and individual interviews over several days. The budget includes an allowance for this task. Work Products Several days of interviews within the established budget, including one -on -one interviews with City officials and stakeholders, and group interviews with affinity groups, as designated by City staff Memorandum outlining results of the interviews 2.4 — General Plan Advisory Committee (GPAC) A GPAC will be formed to provide ongoing and specific guidance throughout the update process. The GPAC should be comprised of representatives of existing City commissions and committees, community organizations, citizen groups, youth, seniors, and ad hoc resident membership. We will work with you to identify the best way to determine membership. City staff will be responsible for putting the GPAC together. The GPAC will consist of no more than 25 members. Upon formation of the GPAC, Hogle- Ireland will meet with the group and work with them to review and revise goals and objectives, alternatives, and draft reports. Meetings will be attended by two or more Hogle- Ireland staff. The project schedule indicates the timing of the GPAC meetings. Work Product • GPAC meetings (6 total meetings) • Agendas, handout materials, maps, and visual presentations 2.5 — Focused Land Use and Urban Design Charrette for Downtown Arcadia We will conduct a focused, intensive land use and design charrette for Downtown Arcadia. This will be a one -day event. While these session will be open to and advertised to the entire community, we will make a specific effort to bring into the discussion those property owners and neighbors of downtown. The City will be responsible for identifying participants to receive a direct mailing. We will prepare the invitation for distribution by the City. This focused exercise will be separate and distinct from the broader community -wide workshops described below and will occur during the land use/circulation alternatives phase of the work program. 2.6 — Community Workshops We will conduct two community -wide workshops. 2.6.1 - Issues and Ideas Workshop The first workshop will be conducted early in the work program and will serve as the initial opportunity for the public at large to learn about the General Plan program and to share their concerns and ideas on all issues. Our goal is to identify key community issues and ideas that will form the basis of a General Plan vision or guiding principles (to be reviewed and affirmed by the GPAC). The workshop ideally should be conducted on a Saturday. We envision a three -hour event held at an easily accessible community facility or school. City staff will be responsible for securing the venue. Our budget for the workshop includes an allowance for publicity. Work Products • One Issues /Ideas Workshop • Workshop publicity (allowance) • Agenda, handout materials, exhibits, and visual aids for the Workshop • Workshop summary 2.6.2 - Confirmation Workshop Once the preliminary draft General Plan has been completed and reviewed by the GPAC, we will conduct a Confirmation Workshop to ask Arcadians the question: "Does this draft Plan represent the ideas you have expressed and your vision for the community ?" We recommend that this workshop consist of a half -day "drop -in" open house to allow the community to see and • r learn more about the preliminary draft Arcadia General Plan. A continually running PowerPoint presentation will provide an overview of the process, while illustrative exhibits, handouts, and displays will provide more detail on the Land Use Plan and the new General Plan elements. Members of the consultant team will be on hand to engage in discussions with the community and answer any questions. City staff will be responsible for securing the venue. Our budget for the workshop includes an allowance for publicity. Work Products • One Open House • Handout materials, exhibits, and visual presentations • Memorandum summarizing input received at the open house 2.7 — Joint Planning Commission and City Council Study Sessions We will conduct three joint study sessions with the Planning Commission and City Council at key "check -in" points in the work program: 1) to confirm issues and ideas, 2) to review and get concurrence on the GPAC's preferred land use and circulation alternatives, and 3) to review the entire Draft General Plan and EIR prior to formal public hearings. Work Products • Three Joint Planning Commission/City Council study sessions • Handout materials and visual presentations TASK 3 — UNDERSTANDING ISSUES AND CONDITIONS Focusing on the identification of issues is an important, upfront task that will provide the framework for the entire General Plan Update. This task will incorporate the input received from stakeholder, /affinity group interviews, initial meetings with the GPAC, the first PC /CC study session, independent background research, and the initial community workshop. We will produce a series of Background Technical Reports and Issues /Policy Papers structured around the General Plan element topics. For the Housing Element, we will prepare a separate background report, as described in task 5.1. 3.1 — Data Collection With assistance from City staff, Hogle- Ireland will assemble the background information and existing documents to support the Arcadia General Plan Update. This will include documents such as the current General Plan and EIR, Local Hazard Mitigation Plan, recently completed master plans for circulation and City utilities, planning documents and the EIR for the Shops at Santa Anita, any specific plans, the City Budget and Capital Improvement Program, redevelopment plans, GIS shapefiles, and any recent fiscal or economic studies. We will also assemble documents as needed from other service providers, such as utility companies, County of Los Angeles, and the State. 3.2 — Bus Tour To acquaint key members of the entire General Plan team with Arcadia and understand issues and conditions from City staffs perspective, the team and staff will go on a half -day van or bus tour of the City. We will work with staff to develop the tour route. City staff will be responsible for securing the transportation. Following the tour, we will provide a summary report. 3.3 — Land Use Survey Mapping and GIS General Plan Map (Existing) We understand the City recently had completed a comprehensive existing land use survey (by a planning class at Cal Poly Pomona), with land uses specified to the assessors parcel level in an Excel database. We will use this information to create a GIS -based existing land use map. As needed, we will field check data on a limited basis. The mapping and data represent important baseline data for the EIR and for understanding inconsistencies between on- the - ground land use and the current General Plan land use policy map. We will also digitize the City's existing General Plan Land Use Policy Map to create a GIS -based map. Work Products • Review Draft and Final Existing Land Use Map • Existing General Plan GIS -based land use policy map 3.4 — Background Technical Reports The team will prepare a series of background technical reports as follows. Our scope provides for two rounds of review for each report. Our scope does not include background reports for City utility systems since master plans were recently prepared. Also, we understand that the City is currently preparing a Parks Master Plan. Thus, we have limited the background reports to those described below. If the City believes that additional reports would be useful to the process, we can discuss those as part of the scope refinement task. For example, the City may wish to prepare report focused on historic preservation, including an updated inventory of historic properties. We have not included this effort in our work program, as we plan to rely upon published sources to address historic resource issues in the General Plan. However, if this issue rises in importance as part of the scope refinement or community outreach tasks, we can work with staff to determine the best way to achieve your objectives. 3.4.1- Traffic /Circulation Per our discussions with the City, the work scope does not include a comprehensive background report for traffic and circulation, as significant work has been completed recently as part of the Shops at Santa Anita EIR, the 2005 Transportation Master Plan, and the 2004 ITS Master Plan. Thus, for the background report, The Mobility Group's effort will involve reviewing the existing General Plan Circulation Section, as well as available existing information and recent transportation studies (including those referenced above), and will also conduct field visits of the City. The Mobility Group will use this available information to synthesize an updated summary description of existing transportation conditions. This will include documenting: existing roadway classifications and characteristics, existing transit service, and existing bicycle facilities. The report will also identify existing and future transportation issues facing the City. 0 3.4.2 - Geotechnical 0 Nilson Geosciences will prepare this technical report. To comply with State Guidelines for EIRs and General Plan documents, it is necessary to look at a wide range of potential geology, soils, and seismic related topics, including: • Strong Earthquake Groundshaking • Landslides and Surficial Slope Stability • Surface Fault Rupture Potential from Active and Potentially Active Faults • Compressible, Collapsible, or Expansive Soils • Liquefaction and Shallow Groundwater • Flooding From Dam Failure • Differential Compaction and Settlement • Flooding From Tsunami and Seiche • Subsidence • Ground Lurching and Cracking The report will address each topic, and define the constraints and opportunities that can be used to evaluate proposed land uses and development /redevelopment alternatives. The report will form the technical basis for the General Plan Safety Element and the Existing Conditions sections for the EIR. The San Gabriel Mountains and the bordering foothills and alluvial fans valleys in and near the City are bounded by numerous regional and local faults (e.g., San Andreas, Sierra Madre, Raymond, Clamshell- Sawpit, Whittier, Puente Hills, and Upper Elysian Park) capable of producing severe earthquakes, those of moment magnitude 6.0 or greater. There is much known about their earthquake potential and their potential maximum shaking effects. Active and potentially active faults cross the City and have some potential for future ground surface rupture, which is dependent on the recency of their latest surface rupture (e.g., Holocene or Pleistocene activity). These faults could affect the several dams along the foothills above the City. Faults in the Raymond fault zone within the City have been classified as Alquist- Priolo Earthquake Fault Zone and work is currently proceeding for possible zoning of the Sierra Madre fault zone. Groundwater basin investigations and current APEFZ investigation activity along the Raymond and Sierra Madre fault zones will be incorporated into the study as this information becomes available. These fault conditions may be important factors in land use planning. Wilson Geosciences will review and assess the published (e.g., USGS, CGS) geologic, soils, seismic, groundwater and other data available for the City, and concentrate on any geology, fault, groundwater, and soils reports, EIRs and land development reports that may be available for the City and immediately surrounding areas. Any more recent local technical and engineering reports on file with the City will serve as the basis for applying the regional data to specific geology, soils, and seismic issues in this portion of the San Gabriel Valley. These readily available data will be assembled and analyzed to define geologic and seismic development constraints, and grading and soil stability environmental impacts. The report will describe the geologic, seismic, topographic, drainage, soils engineering and groundwater conditions and document hazards. Using the latest most accurate maps of the City, data and results will be provided for inclusion in the digital database. Products of this task will be a detailed written, tabular, and graphical description of existing conditions, including maps of geology /soils conditions and hazards. r i 3.4.2 - Noise Team member Urban Crossroads will prepare the noise technical report, consisting of the following subtasks. • Review the existing noise element documentation. • Identify transportation- related noise sources such as the Interstate 210 Freeway, major arterial roadways, bus stops, railroads and aircraft overflights. In addition, identify any stationary (non - transportation related) noise sources such as commercial and industrial noise impacts. • Discuss with Hogle - Ireland and City staff the specific locations to perform noise monitoring and identify any noise - related issues to address in the noise analysis. • Review the existing and proposed land uses in the City's General Plan and identify the noise- sensitive land use locations. • Obtain ambient short -term noise measurements throughout the study area at up to 12 locations and 24 -hour noise level measurements at up to 4 locations quantify the existing noise environment. • Review recent traffic studies to determine the appropriate input parameters for evaluating existing and future conditions. • Calculate the existing noise contours at up to 20 roadway segments. This will include vehicle classification counts at 2 key roadway segment locations. The vehicle classifications counts will then be used to establish the City's vehicle mix. This vehicle mix should be used for all future noise impact studies. • Identify potential noise impacts associated with aircraft overflights. Obtain future noise contours from the El Monte airport based upon existing published data. No new noise contours will be developed. • Develop existing and future noise contours for areas near the railroads based on existing and future rail activity. Rail operation data will be provided by City staff. • Discuss potential noise impacts associated with the proposed Gold Line light rail line included BAPLD on published EIR documents. • Identify any major stationary noise sources located within the study area and determine potential noise impacts. 3.4.4 - Economic Conditions Team member Keyser Marston Associates (KMA) will complete three complementary tasks that include the collection and review of background data, identification of the current market opportunities and constraints, and financial feasibility analyses (with this third component conducted once land use alternatives have been selected). For the purposes of this analysis, KMA will rely on its independent research, studies previously conducted by the City, analyses prepared by other consultants, and any relevant research conducted by the project team. Background Data Collection and Review The background data collection will include a review of socio- economics data, business, and employment. For the purposes of this analysis, KMA will collect data for the market area, the City, the regional area, and the County. The regional and County data will be utilized as a benchmark against which the other data sets can be measured. Typically, the KMA analysis relies on data from private data suppliers, with governmental data utilized to corroborate these findings. The use of private data suppliers is integral to the analysis, as these suppliers are r 0 utilized by developers throughout the Country. These suppliers have a consistent methodology, thus, enabling developers to compare areas under identical assumptions. Socioeconomic Data - KMA will detail the makeup of both the market area and City residents. There are a number of important demographic and economic characteristics that will profoundly impact both residential and commercial markets. Included among these are number of households, household formation, population, income levels, age, education, and ethnicity. This information can be obtained through agencies such as the State Department of Finance, local governmental agencies and private firms specializing in demographic data. Business Data - Working with the City and project team, KMA will identify the predominant retail and commercial land uses. KMA will discuss the City businesses in the context of the City, market areas and County. Sources of information will include a market area reconnaissance, a review of the general land use plan, any inventory studies the City has performed to date and building permit data. Assessment of Market Conditions The assessment of market conditions will consider the current market and the strengths and weaknesses embodied by the present uses. Residential - The historic and current market area residential market will be analyzed. The analysis will include a review of residential land sales, new home prices, existing home prices, proposed /current developments, sales activity /absorption in the region, current rents achieved and vacancy levels. Sources of this information include the Hanley Woods, Metroscan, and Dataquick. Commercial - KMA will perform a detailed analysis of the market characteristics of City establishments. This analysis will identify general rent levels, vacancy rates, land and building values, major transactions and proposed developments. Based on the information compiled, KMA will evaluate the strengths and weaknesses embodied by the existing uses. Sources of this information include brokers active in the area, city sales tax information, assessors information and public agencies. Assessment of Opportunities Based on the assessment of market conditions, KMA will identify current and future market opportunities. Residential - Potential unit types will be considered given rents and sales prices achieved by existing and new product in the region. The compatibility and/or synergy of residential and commercial activities (e.g. ground floor retail with residential above) will also be considered. Commercial - The advantages and constraints of the City will be noted, based on perceptions of real estate industry professionals, income levels, households, potential expenditures and the advantages of the market area, KNIA will identify opportunities for new commercial development. Particular attention will be given to identifying voids in the marketplace and the potential overbuilding of some types of commercial space. 3.4.5 - Hazardous Materials Hogle- Ireland will work with the City Fire Department and consult on -line databases to report hazardous materials producers and sites in the City. A brief background report will be prepared. I0 0 r Work Products Draft Background Reports for Traffic, Geotechnical, Noise, Economic Conditions, and Hazardous Materials Final Background Reports for Traffic, Geotechnical, Noise, Economic Conditions, and Hazardous Materials 3.5 — Issues /Policy Papers Emerging issues to be addressed in the updated General Plan are best identified after review and analysis of the issues, opportunities, and constraints identified in the background reports and based on initial interview and outreach tasks. We will prepare a series of Issues /Policy papers for each of the General Plan Elements (except the Housing Element) that summarizes the physical conditions described in the background technical reports, presents issues identified through the initial steps of the community outreach program, and indicated possible policy choices to investigate during the balance of the work program. After review and discussion of this important information with City staff, we will the present a General Plan Update Issues /Policy Papers to the City Council and Planning Commission at the first joint study session. Based on direction from the City decision - makers, we will proceed with subsequent tasks necessary for the preparation of the General Plan. We will utilize an Issues Matrix as an organizational tool for tracking issues as they are translated into policies and implementation. The work scope provides for one preliminary draft of the Issues /Policy Papers, followed by final Papers incorporating City staffs comments on the preliminary draft. Work Products Draft Issues /Policy Papers for each element Final Issues /Policy Papers for each element 3.6 — SB 18 Consultation Assistance Per SB18, the City will be required to consult with interested Native American tribes as part of the General Plan Update process. S1318 requires that this be a City -driven process, but Hogle- Ireland staff will assist City staff with the consultation. Our budget provides an allowance for this task. TASK 4 — LAND USE /DESIGN AND MOBILITY ALTERNATIVES During this task, we will work with the GPAC and the community to develop and review a series of land use alternatives for those areas of the community identified as in transition. As described above in task 2.5, we will undertake an exercise with the GPAC to identify stable versus transitional areas, and to focus land use policy discussion on those transitional areas, which we will refer to as focus areas for purposes of discussion with the broader public and decision - makers. This task also involves exploring circulation and mobility alternatives to support various land use options. 11 r 0 4.1 — Develop Land Use and Design Alternatives for Focus Areas Based on work completed to date with the GPAC, the community, and decision - makers, and based on the team's collective experience, we will prepare a series of land use alternatives for up to 10 focus areas. (This number can be adjusted as part of the scope refinement process.) Particular attention will be given to the Downtown area and the area surrounding the planned Gold Line station, as we understand that the City is considering developing a Specific Plan for Downtown, and it appears that the Gold Line will be a reality within the life of this General Plan. The General Plan will establish clear policy direction for Downtown. Thus, we will need to explore intimately the scope, scale, and intensity of land use the community will find appropriate. Important considerations to balance as part of this discussion will be the City's long -tern economic goals and the role industrial properties will play in the economic future. The alternatives we develop will not consist simply of land use colors on a land use map. Rather, we will fully explore the overall urban form of the focus area and will prepare appropriate exhibits for the charrette, workshops, and GPAC meetings to lead to informed recommendations. 4.2 — Market Analysis of Key Focus Areas KMA will work with the Citv and consultant project team to evaluate the financial feasibility of development prototypes at three selected locations within the City. Specifically, the KMA analysis will consider at least one scenario for downtown. To this end, KMA will accomplish the following: Focused Market Summary - For a selected area(s), KMA will prepare a focused market summary based on the data acquired in our scope of services described above. In addition, K1vIA will contact real estate professionals to gain their insights into the specific market conditions of the focus area. Land Use - Working with the team, KMA will assist in identifying alternative land uses for the site(s) specified site(s). Development Scope - Working with the team, KMA will assist in estimating supportable developments on specified site(s). Pro Forma Analysis - Given the identified land uses and development scopes, KMA will estimate the financial feasibility of the proposed project(s). 4.3 — Circulation and Mobility Alternatives The Mobility Group will coordinate and strategize circulation options to respond to the land use alternatives, particularly with regard to potential changes to land use intensities in focused areas of the City. This effort will also include an assessment of whether the preferred land use program would result in significantly different trip levels than those assumed in the Transportation Master Plan. 12 • 0 We will not look just at the roadway system. This analysis of alternatives will look at how people may otherwise move within Downtown, around the Gold Line Station, and between major destinations in Arcadia. 4.4 — Selection of Preferred Land Use /Design and Mobility Plan Based on the results of the charrette and GPAC meetings, the recommended preferred Land Use /Design and Mobility Plans will be presented to the City Council and Planning Commission in a joint workshop for their affirmation, as these choices will serve as the basis for preparing the Draft General Plan. Work Products Land use, design, and mobility maps and illustrations for public outreach tasks Preferred Land Use, Design, and Mobility Plans for presentation at the PC /CC study session TASK 5 — DRAFT GENERAL PLAN Based on work tasks completed to date, we will prepare a complete Draft General Plan structured as follows: • Land Use, Community Design, and Economic Development • Circulation /Mobility • Housing • Open Space • Conservation (to include historic resources) • Noise • Safety For each of the written products described below, the work scope and budget allow for two rounds of review by City staff and two rounds of revision by the consultant team. 5.1 —Preliminary Draft General Plan We will prepare a complete preliminary Draft General Plan for review by City staff. The elements will be focused on issues identification, policy direction, and implementing actions. Land Use, Community Design, and Economic Development Element We will develop goals, policies, and programs for the Land Use, Community Design, and Economic Development Element, identifying key development focus areas along the way. The Element will also present the preferred land use alternative and will provide quantified explanations of desired development densities and intensities in both graphic and tabular form. Special attention is to be paid to urban design issues within the focus areas. Urban design issues will be interwoven throughout the Element. Specific ideas for various neighborhoods will be illustrated, as well as overall goals and policies for the improved aesthetic appearance of streetscapes and new development. 13 One important product of this element is the creation of a land use policy map that identifies how land use categories are applied to each parcel in the City. Hogle- Ireland will use the GIS parcel base map to complete a full -color parcel- specific map identifying the preferred land use plan. The attribute table within the ArcGIS parcel coverage will contain the General Plan land use designation for each parcel. This approach allows for efficient quantification of dwelling units, population, and square footage of commercial development. Circulation /Mobility Element The Mobility Group will prepare the Circulation /Mobility Element. In addition to streets and roadways, this will also address multi -modal transportation options, including transit and bicycles /pedestrian circulation. We will incorporate and integrate the provisions of the Transportation Master Plan, as well as plans for the Westfield Santa Anita Shopping Center and the Shops at Santa Anita Specific Plan. We will also include planned transit improvements (including the Gold Line Extension). We will explore the potential for identifying and developing a citywide bicycle/pedestrian network linking neighborhoods to open space, schools, and commercial /institutional centers. The element will include the updated goals, policies and objectives, as well as maps /diagrams of: the roadway classification, truck routes, transit service streets /corridors /facilities, and bicycle facilities. It will also include the identification of implementation actions for each of the major goals /policies, which will provide a clear direction for actions to implement the element and help make it more understandable and user - friendly. We anticipate that many of the implementation actions will be drawn from the existing body of recent studies conducted in the City. Housing Element The Housing Element, per State law, must clearly identify and address, at a minimum, each component listed below: An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. A statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. A program which sets forth a five -year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element. State law also requires the City to identify adequate sites for housing, including rental housing, factory-built housing, and mobile homes, and make adequate provision for the existing and projected needs of all economic segments of the community. Our experience with recent housing elements in other jurisdictions has shown that the Department of Housing and Community Development (HCD) asks for detailed information regarding exactly where in a community housing sites are available to meet projected housing needs, and what sources of funding will be used to help meet these needs. Due to the built -out nature of the City, this part of the Housing Element may pose a challenge. For the 2008 -2014 SCAG housing element cycle, SCAG has established the following housing allocation (Regional Housing Needs Allocation, or RHNA) for Arcadia: 14 Income Category Number of Units Very low income 549 Low income 340 Moderate income 368 Above moderate income 892 Total Units 2,149 The Housing Element will establish policies, procedures and incentives aimed toward the maintenance and expansion of the housing supply to adequately accommodate the City's existing and future households. The Housing Element update will institute policies that will guide decision - making, and will establish an action program to implement housing goals through 2014. The Housing Element cycle for the SCAG region requires adoption of an updated Housing Element by June 30, 2008. We have put together the following approach based on our experience preparing numerous housing elements and knowing that HCD will look closely at the analysis of sites available to meet the current RHNA allocation of 2,149 units at the specified income levels. The Housing Element involves these basic components: 1) an assessment of the City's housing needs; 2) analysis of the constraints to meeting identified housing needs; 3) identification of specific and adequate sites to meet existing and projected housing needs; 4) prepare a housing implementation strategy; 5) drafting the housing element; and 6) revising the draft for review by the HCD. Project Initiation and Review Existing Documents We will initiate the Housing Element update by meeting with City staff to refine the work program, confirm communication protocol, and explore tentative dates for study sessions and meetings. Specifically, objectives for the kick -off meeting may also consist of obtaining a level of understanding regarding the City's involvement, obtaining recommendations regarding the document format, and developing a clear understanding of established roles and responsibilities. Hogle- Ireland will review City documents to aid in understanding local conditions and the community's housing needs. The following documents will help us understand current conditions: • Current Housing Element • Annual General Plan/Housing Element Progress Reports to the State • Zoning Ordinance and Municipal Code • Information of the City's development review process • Housing units (affordable and market rate) Built since 1998 by year and type • List of affordable housing units and affordability covenant expiration date • List of residential projects entitled or under construction (by type and affordability) A preliminary potential housing sites inventory 15 0 0 Existing Housing Element Progress Report As required by State law, this task will produce a report on the progress the City has made in implementing the existing Housing Element. In general, the task will include a review of the following: The City's progress in implementing the Housing Element. The results will be quantified where possible, but may be qualitative where necessary. The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the stated housing goat The effectiveness of the Housing Element in attaining community housing goals and objectives Hogle- Ireland will produce a data request for City staff of quantifiable data that is required for the progress report, including but not limited to new construction, rehabilitation, and housing assistance. Completion of this task is contingent on timely receipt of information Housing Needs Assessment A thorough needs assessment is important to develop responsive housing programs. The Housing Needs Assessment section of the Housing Element will be comprehensively updated with the most current data available, providing an overview of historical data to illustrate demographic, household, and housing trends. Sources of data include but are not limited to: + 1990 and 2000 Census 2007 State Department of Finance Population and Housing Estimates O 2006 American Community Survey, U.S. Census Bureau * SCAG O State Employment Development Department labor market and wage statistics Developing a housing program requires critically evaluating data. The housing needs assessment reviews population and household characteristics, housing characteristics, and special needs groups to identify and determine the extent of housing need. The housing needs assessment identifies existing and projected needs. Analysis of population trends, employment trends, documentation of population projections, and employment projections provide this information. The housing needs assessment also looks at the number of households overpaying for housing expenses, living in overcrowded conditions, or with special housing needs (e.g. elderly, large families, homeless), number of housing units needing rehabilitation, and assisted affordable units at -risk of converting to market -rate. Constraints Analysis Having identified priority housing needs, the second task will be to identify any constraints to addressing the City's housing needs. This includes constraints to the maintenance, improvement, and development of housing affordable for households of all income levels and those with special needs. Governmental constraints to be analyzed include land use controls, development standards, fees, and permit processing. Local efforts to remove governmental constraints will be also be included. Market constraints to be analyzed include land availability and costs, market demand for housing, construction costs, and financing. We will also review infrastructure master plans and environmental documents to determine, as required by state law, the availability of public services, facilities, and infrastructure needed to address the City's housing needs. This includes the provision of water, sewer service, and other necessary public services. 16 0 0 With passage of SB520 in 2002, jurisdictions must also analyze housing opportunities for persons with disabilities, including building, zoning, land use, and permitting processes that affect housing. We are uniquely qualified to prepare this analysis, having prepared numerous fair housing assessments for jurisdictions throughout California. Housing Sites /Resources Analysis We will conduct an analysis of resources to meeting housing needs. The primary focus of this section will be to determine the land and financial resources available to address the RHNA goal. Components of the assessment include: 1) Quantifying RHNA Credits Since the RHNA uses January 1, 2006 as the baseline for growth projections for the Housing Element planning period of 2008 -2014, jurisdictions may count the new units built or issued certificates of occupancy since January 1, 2006 toward the RHNA. Based on City data Hogle- Ireland will quantify the City's credits toward the RHNA obligation. The remaining RHNA must be met by designating sites at appropriate densities. 2) Inventory of Development Capacity We will work with staff to identify vacant and, if necessary, underutilized land suitable for new housing. Through the parallel effort on the Land Use Element, we will work to identify vacant, underutilized, and sites to be redesignated to determine housing capacity. 3) Analysis of Site Suitability Following the sites inventory, the suitability of proposed sites for new housing will be analyzed. Based on information and work on the Land Use Element and working with City staff, we will analyze the capacity of each site based on existing and potential zoning and development standards. We will also use information on potential sites to characterize potential environmental and other constraints chat could affect development potential, and to verify whether they provide sufficient incentive to facilitate and encourage the production of a range in housing types and prices in the community. 4) Inventory of Financial and Administrative Resources This section will include an inventory and review of financial resources (includes federal, state, and local resources) available for program implementation. Also included will be an inventory of administrative resources (such as City departments and agencies and local nonprofits) available to help the City preserve at -risk housing. As required by state law, resources also include opportunities for energy conservation which will describe the role of energy conservation in reducing long -term housing costs, conservation techniques and programs, and local, State, and federal policies and regulations for energy conservation. Housing Plan Earlier chapters of the Housing Element establish housing needs within the City and describe constraints and resources to meeting those needs. The Housing Plan represents the tangible steps the City will undertake to address the housing needs. The Existing Housing Element Progress Report will facilitate an evaluation of the effectiveness of the housing programs contained in the most recent Housing Element. This evaluation will assist 17 0 0 in assessing the need to modify existing programs, introduce new housing programs, and eliminate obsolete programs for the updated Housing Element. We will revise and develop Housing Goals and Policies related to the affordability, availability, and adequacy of the City's housing. Quantified objectives relative to the maintenance, preservation, and construction of housing will be provided. We will ensure that Housing Element goals build upon and are consistent with the goals and policies of other City housing studies. With input from City staff and policymakers, we will develop a Housing Plan to implement the goals and policies of the Housing Element. For each program in the Plan, we will establish the time frame for implementation, specific objectives, funding sources, and responsible agencies. We are sensitive to formulating programs that are relevant to meeting the community's needs, practical and feasible, and acceptable to decision- makers. Draft Housing Element We will prepare a preliminary draft Housing Element containing all of the components described above. Based on City staff's review and comment, we will prepare a draft version suitable for public review and transmission to HCD. This draft will be reviewed with the Planning Commission and City Council as part of the second study session. Department of Housing and Community Developmen t Review The City must submit the Housing Element to HCD for formal review and comment. We will transmit the draft Housing Element to HCD and will coordinate communications with HCD staff to address any issues during the course of the review. HCD has established a 60 -day period for review of elements submitted to them. Upon receipt of HCD's review letter, we will work with staff to draft changes to the Housing Element to respond to HCD concerns. All proposed changes to the Housing Element will be prepared in underline, /strikeout format. Typically, two reviews by HCD are required (each of which may take up to 60 days) to achieve certification. Our budget includes an allowance for consultation /negotiation with HCD staff. Any time required beyond this allowance to address HCD's comments and concerns will be billed on a reimbursable basis with prior authorization from the City. In some cases, HCD may require changes to the Housing Element that are not consistent with local policy direction and thus HCD certification cannot be achieved. In that event, we can assist the City in preparing written findings to be included in the resolution of adoption to provide the reasons justifying how the Housing Element substantially complies with the requirements of state law. Such services will be provided at an additional cost. Open Space Element The Open Space Element will function as an equivalent of a parks and recreation element, identifying areas for active and passive recreation. Other areas of improved or passive open space - public and private - will also be addressed. While generally overlap can occur between the Open Space and Conservation Elements, our goal is to focus the Open Space Element on active, usable resources. We will draw from the Parks Master Plan and related documents now being prepared, to the extent they are available. 18 0 0 Conservation Element As noted, this element parallels the Open Space Element. We envision this element addressing the conservation of resources such as the urban forest, air quality, mineral resources, groundwater basins, energy conservation, and habitat in fringe areas of Arcadia, among others. The Conservation Element will also include policies for historic preservation and other cultural resources important to Arcadia. Pursuant to A1332, the General Plan needs to address issues related to global warming. We recommend that the Conservation Element serve this purpose. Noise Element Existing and future noise contours will be produced. The noise contours will include traffic and railroad noise sources. The noise contours presented should be used as a guide for land use planning. By knowing the land use within these contours, appropriate approaches can be used to minimize existing impacts and future incompatibilities. As noted above, Urban Crossroads will prepare the technical component to present background information on noise, health effects of noise, methodologies, monitoring results and data used to project noise contours, as well as supporting information for policy development. Future noise contours will be prepared based on traffic data and other major noise sources. Future noise contours associated with Gold Line operation will be drawn from materials available from the Gold Line Authority and Metro. Safety Element The team wilt formulate issues, policies, and programs for implementation. Issues that will be addressed include: • Surface Geologic Conditions • Faults and Fault Zones • Areas of Potential Geotechnical Concern • Flooding and Inundation Hazards • Fire Hazards • Hazardous Materials Management We will prepare hazard maps in a GIS platform. Glossary We will prepare an updated Glossary to include new terms not contained in the 1996 General Plan. Implementation Plan Implementation measures for the General Plan are a diverse set of regulations, guidelines, procedures, financing and funding programs, intergovernmental coordination, use of new technology, or community organization. We will utilize the knowledge, experience and practical creativity of all members of the consultant team to evaluate existing implementation measures and to identify opportunities for new strategies, especially as they relate to sustainable 19 development and healthy communities, and other important issues that are identified by City staff and the community. We will review the issues discussion and policies, and propose updates where appropriate to incorporate current thinking. We will work closely with City staff throughout the review and update of this component. Work Products • Preliminary Draft General Plan for initial City staff review • Preliminary Draft General Plan showing staff revisions in track changes 5.2 — Draft General Plan for Public Review Following City staff review of the second version on the preliminary Draft General Plan, we will prepare a pre -press copy of the Draft General Plan. Once staff has approved this version, we will prepare the document for publication and release for public review, Work Products • Pre -press Draft General Plan • Draft General Plan for public circulation TASK 6 — CEOA DOCUMENTATION Team member BonTerra Consulting will lead the CEQA documentation task. 6.1 — Task Initiation BonTerra Consulting will attend a CEQA kick -off meeting with the City, Hogle- Ireland, and other appropriate team members to ensure concurrence with the project description, scope of work, and approach on the technical analysis. 62 — Initial Study /Notice of Preparation BonTerra Consulting will prepare a screencheck draft Initial Study (IS) for review by the City of Arcadia using the CEQA checklist format found in Appendix G of the State CEQA Guidelines. Following receipt of comments from the City, BonTerra Consulting will revise the IS for mailing to appropriate agencies and community groups. In compliance with Section 15063 of the CEQA Guidelines, the IS will contain a description of the proposed General Plan Elements, including: location; a discussion of the environmental setting; an identification of potential environmental effects; and a discussion of identified mitigation measures. This scope of work assumes that the draft General Plan elements will contain the necessary information to prepare the project description. The discussion of the environmental setting will be based on review of existing literature and information included in the draft General Plan elements. An explanation for all checklist answers will be included to provide the public with an understanding of how the IS conclusions were reached. For purposes of this scope of work, it is assumed that the `proposed project" to be evaluated in the EIR consists of the goals, objectives and policies included within the proposed General Plan elements. 20 • 0 In compliance with Section 15082 of the CEQA Guidelines, BonTerra Consulting will prepare a draft Notice of Preparation (NOP) that includes the IS as supporting documentation. Should the City elect not to prepare an IS, the NOP will be prepared as a stand alone document. The NOP will identify the issues to be addressed in the EIR and will also provide an announcement of the date, time and location of the CEQA Seeping Meeting (which is assumed to occur during the 30- day NOP review period). This scope assumes that appropriate issues will be focused out of the General Plan EIR. The draft NOP will be submitted to the City for review and comment along with the draft IS. Once comments have been received, the document will be revised and submitted to the City for approval to circulate. BonTerra Consulting will distribute up to 50 copies of the NOP via overnight delivery to all responsible and interested agencies, including 15 copies to the State Clearinghouse. The City will provide the NOP mailing list. All newspaper notices for the project will be prepared by the City. Work Products • 5 copies Screencheck Draft Initial Study/Notice of Preparation (IS /NOP) • 50 copies of the City - approved IS /NOP for public distribution 6.3 — Public Scoping Meeting A General Plan update is classified in Section 15206(b) of the State CEQA Guidelines as a project of "statewide or regional significance," and as such, a public Scoping meeting must be held, pursuant to Assembly Bill 1532, which amended Sections 21081.7, 21083.9, and 21092.2 of the Public Resources Code. BonTerra Consulting will conduct a seeping meeting pursuant to CEQA. The Project Manager from BonTerra Consulting will lead the meeting and will describe the process to be followed in developing the EIR for the proposed project. This proposal assumes that City staff and /or Hogle- Ireland will participate in the meeting to present a synopsis of the General Plan update program and answer questions. Comments and issues to be addressed in the EIR will be requested from all meeting attendees. BonTerra Consulting will prepare a summary of the meeting for inclusion in the EIR and will ensure that the issues raised at the meeting will be addressed in the EIR document. Work Products • Conduct 1 Public Scoping Meeting • Meeting Summary of Public Comments Received 6.4 — Prepare Administrative Draft EIR All environmental issues determined to be potentially significant or significant during the Initial Study process will be addressed. Existing conditions will be described in narrative, numerical, and graphic form, as appropriate to a particular issue. Potential impacts will be identified on an individual and cumulative basis, as appropriate. '`Mitigation will be proposed to reduce impacts from implementation of each of the seven mandatory General Plan elements to insignificant levels to the extent feasible. Finally, the level of significance after mitigation (including City policies) will be identified. The EIR will be organized into various analysis sections broken into environmental issues. Each section will include a discussion of existing conditions related to the subject environmental issue; section formatting would be organized according to the thresholds of significance, and there would be an emphasis on cumulative analysis not found in the Initial Study. BonTerra Consulting will submit the Administrative Draft EIR to the City of Arcadia for 21 two rounds of review and comment. After two rounds of review and comment, BonTerra Consulting will revise the EIR and will submit an Approval Draft EIR for the City's final approval prior to reproduction and distribution. Following is a description of the work effort for assessing potential environmental effects relative to each topical issue. Aesthetics BonTerra Consulting will assess potential visual changes resulting from implementation of the draft General Plan. BonTerra Consulting will conduct a general survey to document existing significant or prominent views in the City and qualitatively address the anticipated effects on both public and private viewsheds including scenic vistas, potential degradation of visual character, and anticipated light and glare issues associated with buildout of the General Plan. Air Quality An air quality assessment will be prepared by Urban Crossroad addressing the potential air quality impacts related to General Plan buildout will be prepared. Baseline conditions will be established to reflect current conditions for air quality and related Federal, State, and local air quality regulations. Air quality analysis will be focused on both short -term, construction - related impacts as well as long -term impacts related to General Plan buidout. Appropriate mitigation measures will be recommended to reduce air quality impacts to the extent practicable. BonTerra Consulting will summarize the findings of the Air Quality Assessment for inclusion in the EIR. Cultural Resources BonTerra Consulting will assess cultural resource impacts (including archaeological and paleontological resources) using a combination of existing documentation on file with the City and newly acquired data where necessary. Information regarding potential historic resources will be provided by Chattel Architects. Existing conditions will be summarized, tabulated and described; potential impacts will be described and a mitigation program will be established to address future project developments. Upon the City's direction, BonTerra Consulting will update the existing records search data with the local Archaeological Information Center. Geology and Soils The geotechnical background report prepared for the Safety Element will provide a description of the geologic hazards and seismicity within the City's total planning area. BonTerra Consulting will summarize the information in the Technical Report to generally address geological constraints throughout the City and determine the potential for impacts related to General Plan buildout. Mitigation will be identified as needed. Hazards and Hazardous Materials The Hazardous Materials background report will provided the basis for the description of the hazardous material conditions within the City's planning area. The findings of this report will be summarized in the EIR. 22 1, „ • 0 Hydrology and Water Quality Water quality issues for the proposed General Plan update project will be addressed with respect to evolving regulatory requirements and recognized Best Management Practices for both construction and operations phases and current requirements of the City. A general analysis of the City's hydrology will be based on information available from existing literature and previous environmental documents prepared for the City. BonTerra Consulting will summarize the available technical information for water quality and hydrology in the Draft EIR. Land Use /Planning Based on the preferred Land Use Plan proposed by Hogle - Ireland for the General Plan update, BonTerra Consulting will discuss land use compatibility with respect to character of use, scale, and land use intensity. The consistency of the preferred land use plan with applicable planning and policy documents will also be addressed. Mineral Resources Using available information from the U.S. Geological Survey and the California Department of Mines and Geology Maps, BonTerra Consulting will update the acreage of known mineral resources within City limits. The potential impacts of the proposed General Plan elements upon these resources will be evaluated in the EIR. Noise The noise background report prepared for the Noise Element will be summarized in the EIR. The Noise Assessment will include noise measurements from locations throughout the City as well as existing and future traffic noise levels. Population /Housing BonTerra Consulting will document direct and indirect impacts that the proposed General Plan elements would have on population, housing, and employment figures based on the preferred Land Use Plan. These topics will be evaluated within the local context and in correlation with regional trends and growth management policies set forth by the City and other governing agencies, such as SCAG. The population and housing projections prepared by Hogle- Ireland in cooperation with City staff will serve as the basis for other environmental issues, such as the Public Services impact projections. Public Services BonTerra Consulting will summarize applicable City policies, as provided by City staff, to identify any potential impacts to public services. Buildout of the General Plan would result in an increase in City population and would therefore have the potential to increase the demand for public services (fire, police, schools, parks, and libraries). The EIR will address any changes in assumptions between the Citys existing General Plan and the new proposed Land Use Plan to assess potential effects related to the provision of adequate service levels and the need to upgrade and /or provide additional facilities to serve the project. BonTerra Consulting will coordinate with service providers to determine if any increases in emergency personnel or any physical 23 changes to the environment (such as a new fire station) would be required to accommodate General Plan buildout. Recreation BonTerra Consulting will coordinate with the City Parks Department to document potential impacts to existing recreation facilities (including parklands) and /or if changes in the General Plan buildout assumptions would create additional demand for recreational facilities. The FIR will document existing conditions and discuss how buildout of the General Plan would create an impact, have no impact, or assist in the expansion of recreational opportunities within the community to meet City goals. Transportation and Traffic Based on existing and recently prepared traffic study documents (primarily the Transportation Master Plan), the Mobility Group will prepare documentation for the Environmental Report on the General Plan Update. New traffic studies are not anticipated in the preparation of this document. However, we recommend updating the existing conditions traffic database (existing intersection level of service analysis) to 2008 conditions. This would be accomplished through conducting new traffic counts at the 27 intersections in the Transportation Master Plan. It is assumed for this proposal that updating of existing conditions would not alter the future traffic forecasts — which would remain unchanged. Also, if the updated Land Use Element includes changes to land use that would lead to significantly different trip totals than those contained in the Transportation Master Plan, then the quantitative analysis of future conditions may also need updating. The need for such work would have to be addressed at that time in the General Plan Update. For the purposes of this proposal it is assumed that the future traffic forecasts in the Transportation Master Plan would not be updated. BonTerra Consulting will review and summarize the findings of the traffic documentation as part of the EIR. Utilities and Service Systems BonTerra Consulting will evaluate potential impacts on utility and service providers to determine if the changes in the General Plan buildout assumptions would conflict with any existing utilities in the study area. Areas of evaluation would include, but not be limited to, power and natural gas, communications, water treatment and distribution facilities, sewer, storm water, and water supplies. Coordination with utility purveyors would be done, as necessary, to ensure a full analysis. CEQA Required Sections The Draft EIR will contain various CEQA - required sections identified in Article 9 of the CEQA Guidelines and including the environmental setting, project description, consideration of alternatives, and effects found not to be significant. Work Products • 5 copies First Administrative Draft EIR 24 5 copies Second Administrative Draft EIR 5 copies Approval Draft EIR 6.5 — Prepare and Distribute Draft EIR In consultation with the City, BonTerra Consulting will develop a distribution list for public review of the Draft EIR. BonTerra Consulting will provide Hogle- Ireland with a camera -ready Draft EIR; Houle Ireland will be responsible for distribution to the public, the State Clearinghouse, and the Arcadia Planning Commission and City Council. BonTerra Consulting will prepare a Notice of Availability for the City to use to publicize the availability of the Draft EIR for public review. Any changes will be made and the City will publish the notice in the legal notice section of a local newspaper. The newspaper publication would be sufficient notice pursuant to CEQA. Should the City decide to send notices to property owners within 300 feet of the project limit, it is assumed that the City would be able to provide mailing labels from the current tax roles. Cost for mailing to property owners is not assumed in this scope. Work Products • 1 camera -ready copy of the City - Approved Draft EIR 6.6 — Draft Response to Comments Once the public review period has ended, BonTerra Consulting will review the comments received and will develop an approach to respond to all environmental comments. A draft Response to Comments document will be submitted to the City for one round of review. This scope includes 50 technical staff hours will be used for the preparation of responses to comments, a track changes version of the EIR to respond to public comments is not assumed to be necessary. Work Products 5 copies of the Draft Responses to Comments City - Approved Responses to Comments (1 camera -ready original) 6.7 — Mitigation Monitoring Program In compliance with Public Resources Code 421031.6, BonTerra Consulting will prepare a mitigation monitoring program (NIMP) for review by the City. The MMP will be prepared at the same time as the Response to Comments document. BonTerra Consulting will coordinate with City staff to refine the format and the content of the MMP. If the City Council modifies the project and/or recommends conditions of approval /mitigation measures for the proposed General Plan elements, BonTerra Consulting will revise the MMP accordingly. The MMP will be designed to ensure compliance with adopted mitigation requirements during implementation of the General Plan. 25 0 0 Work Products • Draft Mitigation Monitoring Program • City- Approved Mitigation Monitoring Program 6.8 — Notice of Determination Following certification of the EIR by the City, BonTerra Consulting will prepare the Notice of Determination (NOD) and Fee Exemption to be filed with the County Clerk and the State Clearinghouse. BonTerra Consulting will coordinate the necessary NOD filings on behalf of the City. Necessary filing fees are assumed to be provided by the City. Work Products Notice of Determination 6.9 — Findings of Fact and Statement of Overriding Considerations BonTerra Consulting will prepare written findings for each significant effect identified in the EIR, pursuant to Section 15091 of the State CEQA Guidelines (Section 21081 of CEQA). As required by the State CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. BonTerra Consulting will submit the Draft Findings to the City of Arcadia for review and comment. After one round of review and comment, BonTerra Consulting will revise the Findings and will submit a final version for use during EIR certification. If the Draft or Final EIR identifies any significant impacts that cannot be avoided, even with implementation of all reasonable and feasible mitigation measures, the City will need to adopt a Statement of Overriding Considerations (SOC) prior to project approval, pursuant to Section 15093 of the State CEQA Guidelines, Work Products • Draft Findings of Fact and Statement of Overriding Considerations • City- Approved Findings of Fact and Statement of Overriding Considerations 6.10— Final EIR Should it be determined necessary based on the public comments received on the Draft EIR, BonTerra Consulting will prepare an Errata addressing any revisions to the Draft FIR text. BonTerra Consulting will provide Hogle- Ireland with a camera -ready errata, Hogle Ireland will be responsible for compilation of the Final EIR with the following components: Draft EIR, Response to Comments, Errata, and Mitigation Monitoring Program. Work Product e 1 camera -ready copy of the Errata 26 11 11 TASK 7 - GENERAL PLAN ADOPTION 7.1 - Public Hearings Hogle- Ireland will attend hearings for Planning Commission recommendation to City Council on General Plan and EIR, and public hearings for City Council certification of the EIR and adoption of the General Plan. Our budget provides an allowance for hearings. If additional time is required beyond this allowance, the additional time will be billed on a reimbursable basis with prior authorization from the City. Key members of the technical team are budgeted to attend hearings, with additional time available on a reimbursable basis. Work Products Attend Planning Commission hearings (allowance) Attend City Council hearings (allowance) TASK 8 - FINAL GENERAL PLAN 8.1 - Pre -press Final General Plan Following final City Council action on the General Plan, Hogle- Ireland will revise the Plan per the Council's direction. We have provided an allowance for this task, as we cannot predict the level of changes that may be directed. Any time required beyond this allowance will be billed on a reimbursable basis with prior authorization from the City. We will prepare a pre -press version for City staff review. 8.2 - Final General Plan Following staffs review of the pre-press final General Plan, we will incorporate the revisions and deliver the final document, as well as the electronic files. TASK 9 - DELIVERABLES AND PROJECT MANAGEMENT 9.1 - Deliverables The work program includes an overall allowance for deliverables, all of which will be billed on a direct cost/reimbursable basis. We use this approach, as we do not know at this time the extent to which color reproduction will be used, how many printed versus electronic copies of various deliverables will be required, nor the size of documents. For budgeting purposes, we have assumed delivery of the following products. If additional copies are required or the City wishes for full-color copies, the allowance for deliverables may be exceeded. For all documents, electronic reproducible (PDF) versions will be provided. • Program notebooks - 30 copies • Draft and Final Technical Reports - 5 copies • Draft Issues and Policy Papers - 5 copies, plus master copy of Final Papers • Administrative Draft and Revised Administrative Draft General Plan - 5 copies • Administrative Draft EIR - 5 copies • Draft EIR for public circulation - 50 copies, master reproducible, and 50 electronic copies • Final EIR - 50 copies, plus master reproducible 27 • P Materials for study sessions, workshops, charretres, and GPAC meetings General Plan Maps and Diagrams (in appropriate platforms) Final General Plan - 20 copies, master reproducible 9.2 - Project Management Hogle- Ireland will serve as project manager for the Arcadia General Plan team. We will maintain communications with all sub - contract consultants and between and among the sub - consultants and representatives of the City. This task includes regularly scheduled project management meetings and phone calls with City staff to review draft documents, plan presentations, coordinate work, and maintain clear channels of communication. Hogle- Ireland will coordinate with and manage all technical staff, support staff, and document production staff toward the timely completion of the General Plan Update and environmental documentation. Our management responsibilities include review and editing of draft and final documents prepared by all consultant team members. We will ensure that writing styles and document format are consistent throughout the General Plan and EIR documents. Hogle- Ireland will be responsible for timely delivery of work products in formats as approved in consultation with City staff. 28 Exhibit "B" SCHEDULE OF SERVICES SEE ATTACHED DOCUMENT iE 2008 Work Scope I Understanding Issues Refinement and Conditions in Arcadia • Data Gathering • Review of Documents and Plans • Background, Issues Reports 2009 Documenting Environmental Issues • NOP,Scoping,Consultation • Administrative Draft Program EIR • Public Review Draft EIR • Responsesto Comments/FinaI EIR • Findings of Fact /Statement of Overriding Considerations a Issues and Ideas • Meeting with Stakeholders • Capturing Community Ideas in Affinity Groups • Establish Guiding Principles Planning Arcadia's Future • Imagining Alternative Pathways to the Future (Land Use and Circulation Ahernatives) • Conduct Fiscal Analysis • Prepare Preliminary Dtaft General Plan • Prepare Public Review Draft Plan GPAC Meetings e ! 0 Chanettes Community Workshops PC /CC Study Sessions Q Q W 1: Adopting Arcadia's Plan • Planning Commission Hearings • City Council Meetings • Final General Plan a i • Exhibit "C" COMPENSATION SEE ATTACHED DOCUMENTS C -1 /. i , • Exhibit C - Compensation Arcadia General Plan 0 0 f L •