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HomeMy WebLinkAboutResolution - RDA 09-04 STATE OF CALIFORNIA) RESOLUTION NO. RDA 09-04 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KEETON KREITZER CONSULTING FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE AMENDMENT TO THE SAN JACINTO REDEVELOPMENT PLAN WHEREAS, the San Jacinto Redevelopment Agency ("Agency") is a public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers under and pursuant to the California Community Redevelopment Law, California Health and Safety Code, Section 33000, et seq. (the "CRL"); and WHEREAS, the City of San Jacinto ("City") has adopted a redevelopment plan (`Redevelopment Plan") for a redevelopment project area known as the San Jacinto Redevelopment Project Area (`Project Area") and all requirements of law for, and precedent to, the adoption and approval of the Redevelopment Plan have been duly complied with; and WHEREAS, the Agency is engaged in activities necessary to amend the Redevelopment Plan; and WHEREAS, an Environmental Impact Report ("EIR") may be necessary to satisfy the requirements of the California Environmental Quality Act with regard to the Amendment to the Redevelopment Plan; and WHEREAS, a Request For Proposal ("RFP") was sent for the purpose of EIR preparation for the Agency; and WHEREAS, the sole respondent to the RFP was Keeton Kreitzer Consulting ("Keeton"); and WHEREAS, the Agency may, in accordance with CRL Section 33125, make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and WHEREAS, the Agency wishes to enter into a Professional Services Agreement ("Agreement') with Keeton for the purpose of EIR preparation for the Amendment to the Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the San Jacinto Redevelopment Agency as follows: Page 1 of 4 Section 1. The Governing Board of the Agency ('Board") hereby approves the Agreement attached hereto as Exhibit A. Section 2. The Executive Director is hereby authorized to execute the Agreement on behalf of the Agency, following approval as to form thereof by the Agency Counsel, and subject to any minor changes as may be approved by the Executive Director and the Agency Counsel. Section 3. This Resolution shall be effective immediately upon approval by the Board. PASSED, APPROVED and ADOPTED, this 19"' day of March, 2009, by the following vote: Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None n a o Rede nt Agency by Dale Stubblefiel , Ch irman ATTEST: Do othy L. Ch inard, Agency Secretary APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP Jeffre . Ballinger, Agency Counsel Page 2 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) I, Dorothy Chouinard, Agency Secretary of the San Jacinto Redevelopment Agency do hereby certify that the foregoing Resolution No. RDA 09-04 was duly and regularly adopted by the Agency Board at a regular meeting thereof, held on the 19th day of March 2009, and that the foregoing is full, true and correct copy of said Resolution. By: rothy L. uinard, Agency Secretary Page 3 of 4 Exhibit A Professional Services Agreement with Keeton Kreitzer Consulting [attached behind this page] Page 4 of 4 SAN JACINTO REDEVELOPMENT AGENCY PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 19th day of March, 2009 by and between the City of San Jacinto Redevelopment Agency, a public body corporate and politic, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, CA 92583 ("Agency") and Keeton K. Kreitzer, a sole proprietorship d/bla Keeton Kreitzer Consulting, with its principal place of business at 17291 Irvine Boulevard, Suite 305, Tustin, CA 92780 ("Consultant"). Agency and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 ConsuItant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Agency on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing environmental review services and preparing Environmental Impact Reports and related documents ("EIRs") for public clients, is licensed in the State of California, and is familiar with the plans of Agency. 2.2 Project. Agency desires to engage Consultant to prepare a Draft Program EIR for the Amendment to the San Jacinto Redevelopment Project Area Plan ("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 Agency all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental review 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. RVPUMPCH01\759641.2 3.1.2 Term. The term of this Agreement shall be from March 19, 2009 to February 15, 2010, unless earlier terminated as provided herein or extended with the written consent of Agency and Consultant. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Pavment 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. Agency 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 Agency 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, Agency shall respond to Consultant's submittals in a timely manner. Upon request of Agency, 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 approval of Agency. 3.2.4 Substitution of Key Personnel. Consultant has represented to Agency 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 written approval of Agency. In the event that Agency and Consultant cannot agree as to the substitution of key personnel, Agency 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 Agency, or who are determined by the Agency 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 Agency. The key personnel for performance of this Agreement are as follows: RVPU61PCHOR759641.2 3.2.5 Agency's Representative. The Agency hereby designates Steven G. Pasarow, Redevelopment Operations Manager, or his designee, to act as its representative for the performance of this Agreement ("Agency's Representative"). Agency's Representative shall have the power to act on behalf of the Agency for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the Agency's Representative or his designee. 3.2.6 Consultant's Representative. Consultant hereby designates Keeton K. Kreitzer, Principal, or his 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 Agency staff in the performance of Services and shall be available to Agency'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. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. 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 of San Jacinto 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 Agency, 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 Agency 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 Agency, 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 al] 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 Agency, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, RVPUBIPCHOn759641.2 indemnify and hold Agency, 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. 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 Agency 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 Agency that the subcontractor has secured all insurance required under this section. 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 or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. 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 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: The following shall be required only if Consultant retains employees ,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. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) 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. RVPUBIPCHOIV59641.2 or eliminate such deductibles or self-insured retentions as respects the Agency, 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, licensed to do business in California, and satisfactory to the Agency. 3.2.10.8 Verification of Coverage. Consultant shall furnish Agency with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Agency. 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 Agency if requested. All certificates and endorsements must be received and approved by the Agency before work commences. The Agency reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safe . 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. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, 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 SIXTY-FOUR THOUSAND, FOUR HUNDRED AND FIFTY DOLLARS AND NO CENTS, ($64,450.00) without written approval of Agency's representative. 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 Agency monthly itemized statements which indicate work completed and hours of Services rendered by Consultant in accordance with the payment schedule under Exhibit "C". The statements 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. RVPUB\PCH01\759641.2 Agency shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Agency. 3.3.4 Extra Work. At any time during the term of this Agreement, Agency may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Agency 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 written authorization from Agency's Representative. Extra Work will be compensated at the rate set forth in Exhibit"C". 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 Agency 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. Agency 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, 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 Agency, 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, Agency 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 documents 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, Agency may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. RVPUB\PCHOI\759641.2 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: Keeton Kreitzer Consulting 17291 Irvine Boulevard, Ste 305 Tustin, CA 92780 Keeton K. Kreitzer, Principal Agency: Redevelopment Agency of the City of San Jacinto P.O. Box 488 San Jacinto, CA 92583 Attn: Barry McClellan, Executive 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 Agency 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"). Consultant shall require all subcontractors to agree in writing that Agency is granted a non-exclusive and perpetual license for any Documents &Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Agency has the legal 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, not prepared by Consultant under this Agreement, or provided to Consultant by the Agency. Agency shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Agency'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 Agency, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed RVPUBTCH01l759641.2 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 Agency'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 Agency. 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 Attomev's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the Agency, its officials, officers, employees, volunteers 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 attorneys 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 Agency, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Agency or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Agency and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Agency, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire A r7eement. 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. 3.5.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. In the event of litigation arising out of or relating to this Agreement, the parties consent to the exclusive jurisdiction and venue of the state courts of and federal courts in Riverside County, California. RVPU B\PCH011759641.2 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Agency's Right to Employ Other Consultants. Agency reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 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 Agency. 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. 3.5.13 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 Agency include its elected officials, officers, employees, agents, and volunteers 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. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 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. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 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. 3.5.18 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 R V PU B\PC H O I\7 59641.2 10 contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Agency shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Agency, during the term of his or her service with Agency, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 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 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 the City of San Jacinto's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 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. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement in the state of California. 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. 3.5.22 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 approval of Agency. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. RVPUBIPCHOIV59641.2 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. SAN JACINTO REDEVELOPMENT KEETON K. KREITZER, AGENCY A SOLE PROPRIETORSHIP DB/A KEETON KREITZER CONSULTING By: By: BARRY McCLELLAN KEETON KREITZER EXECUTIVE DIRECTOR PRINCIPAL Attest: Agency Clerk Approved as to Form: Best Best &Krieger LLP Agency Counsel RVPUBTCH011759641.2 12 EXHIBIT"A" SCOPE OF SERVICES RVPUB\DRDl560830 II. SCOPE OF SERVICES As indicated above, the scope of services for the Draft Program Environmental Impact Report (Draft PEIR) comprises several discrete steps that implement both the State and City of San Jacinto CEQA guidelines.:The major objective to be achieved is the certification of the Draft PEIR that will require the implementation of several tasks to be undertaken that include, but not limited to, the following: (1) project management and coordination; (2) review of the 2006 General Plan EIR and Technical Appendices; (3) preparation of the Draft PEIR; (4) PEIR processing and public participation; (5) preparation of the Final PEIR; and (6) preparation of the legal documents that support the Final PEIR, including the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Consideration, if necessary. Each work task to be undertaken is identified and described below. Task One—Proiect Management Project management will be an integral part of the planning process. As a result, this task will involve management and coordination of all work to be undertaken to prepare the Draft PER. In order to ensure that work associated with the preparation of the Draft EIR is progressing in accordance with the schedule, meetings as determined necessary will be conducted that include representatives of the EIR consultant, Redevelopment Agency of the City of San Jacinto staff, RSG, Inc. (i.e., the redevelopment consultant), and/or other agencies having an interest in the proposed project. Specifically, this task will accommodate up to ten (10) such meetings, including one (1) scoping meeting, if determined to be necessary by the Redevelopment Agency of the City of San Jacinto, which will act as the ❑lead agency" pursuant to CEQA. If it is determined that a scoping meeting is necessary, it will be conducted during the 30-day Notice of Preparation (NOP)public comment period. In summary, this task will include: • Management and supervision of the EIR consultant team; • Coordination of the proposed project and environmental document with the City of San Jacinto staff to ensure that City policy is incorporated into the Draft PEER; • Consultation with the City of Redevelopment Agency of the City of San Jacinto and Planning Department staffs and other responsible agencies as determined necessary; and • Attendance at up to ten (10) meetings with City staff and the consultant team, including a scoping meeting, as identified above. Task Two—Preparation of the Initial Study/Notice of Preparation KKC will prepare an initial study utilizing the environmental assessment form prescribed by the City of San Jacinto. If the environmental assessment form has not been updated as required by CEQA, KKC will utilize form recommended in the effective State CEQA Guidelines. The purpose of the initial study is twofold: (1) to identify those issues that will be the subject of the analysis contained in the Draft EIR; and (2) to eliminate from further analysis those environmental issues, if any, where it can be shown that potential impacts resulting from project implementation will be less than Proposal for the Preparation of a Dreg Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 3 significant. The information included in the initial study will be based on the existing data base (e.g., General Plan EIR, infrastructure master plans, EIRs prepared for projects within the existing project areas, etc.) as well as technical studies, if any, that may exist for properties and/or project located within the two existing redevelopment project areas. Where applicable, the analysis will quantify potential impacts and determine their significance. Where potentially significant impacts are identified, based on appropriate significance criteria established by or acceptable to the City of San Jacinto, the issues will be further evaluated in the Draft EIR. Once the initial study is completed and the environmental determination made, a Notice of Preparation (NOP) will be prepared by KKC. The NOP, together with the initial study, will be distributed via certified mail (return receipt) to all recipients included on a master distribution list compiled by the San Jacinto Planning Department and/or Redevelopment Agency of the city of San Jacinto, and RSG, the redevelopment consultant. The recipients will include all responsible and trustee agencies, including affected taxing agencies, as well as interested organizations and individuals as determined by the City of San Jacinto. Task Three—Subconsuitant Studies As indicated in Section IB, since the General Plan EIR was prepared, the State of California enacted A1332, which requires consideration of GHG emissions in the planning and environmental review process. Therefore, an AB32 assessment is proposed to comply with current state law. The firm of Giroux & Associates, which prepared the air quality analysis for the General Plan EIR, will conduct the AB32 analysis. Task Four—Screencheck Program EIR The most significant task to be undertaken as part of the proposed work program is that of preparing the Draft PEIR. A Screencheck PEIR will be the precursor to the Draft document and will be submitted to the City for review and comment prior to the preparation of the Draft PER This work effort will encompass both primary and secondary research to establish the ambient environmental conditions, understand in detail the environmental impacts associated with the proposed project, evaluate proposed mitigation measures and/or recommend additional mitigation measures to eliminate or reduce environmental impacts to an acceptable level. The scope of the Draft PEIR will be determined by the information presented in the initial study to be conducted by KKC in Task Two. In order to anticipate a ❑maximum0 budget, the scope of the Draft PEIR reflects a full range of issues, including those evaluated in the 2006 General Plan EIR. Therefore, a complete Draft PEIR outline is presented below, followed by a brief discussion of the information that will be included in each section of the document. As indicated previously, however, should the analysis conducted in Task Two (initial study) conclude that potential project-related impacts to one or more of the issues identified below be less than significant, the scope and budget can be refined and revised. In addition, this task assumes that a significant amount of information included in the General Plan Update EIR will be used as the basis for the analysis prepared for the proposed project. Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 4 Draft Program EIR Table of Contents Amendment to the San Jacinto Redevelopment Plan Redevelopment Agency of the City of San Jacinto San Jacinto, CA CHAPTER 1.0 -EXECUTIVE SUMMARY 1.1 Description of the Proposed Project 1.1.1 Project Location 1.1.2 Project Description 1.1.3 Project Phasing 1.1.4 Project Objectives 1.2 Alternatives 1.2.1 Summary of Alternatives 1.2.2 Environmental Superior Alternative 1.3 Areas of Controversy 1.4 Issues to be Resolved 1.5 Impact Summary Table CHAPTER 2.0 -INTRODUCTION 2.1 Purpose of the Draft EIR 2.1.1 Authority 2.1.2 Incorporation by Reference 2.1.3 Intended Uses of the Draft EIR 2.1.4 Related Approvals 2.1.5 Agencies Having Jurisdiction 2.1.6 Availability of the Draft EIR 2.2 Methodology 2.2.1 Existing Environmental Setting 2.2.2 Significance Criteria 2.2.3 Project Design Features/Standard Conditions 2.2.4 Environmental Impact Analysis 2.2.5 Mitigation Measures 2.2.6 Level of Significance After Mitigation 2.3 Definitions Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 5 CHAPTER 3.0 -PROJECT DESCRIPTION 3.1 Project Location 3.2 Definition of the Project Site 3.3 Environmental Setting 3.4 History and Evolution of the Proposed Project 3.5 Project Description 3.6 Project Phasing 3.7 Project Objectives CHAPTER 4.0 -ENVIRONMENTAL ANALYSIS 4.1 .Topography/Soils and Geology 4.2 Biological Resources 4.3 Cultural/Scientific Resources. 4.4 Drainage/Hydrology 4.5 Hazards 4.6 Traffic and Circulation 4.7 Noise 4.6 Air Quality 4.9 Land Use/Relevant Planning 4.10 Population and Housing 4.11 Aesthetics 4.12 Mineral Resources 4.13 Public Services and Facilities 4.13.1 Police Protection 4.13.2 Fire Protection 4.13.3 School Facilities and Service 4.13.4 Library Facilities 4.13.5 Recreation Facilities and Service Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 6 4.14 Utilities 4.14.1 Water Facilities and Service 4.14.2 Sewer Facilities and Service 4.14.3 Solid Waste Facilities and Service CHAPTER 5.0 -CUMULATIVE IMPACTS 5.1 Description of Cumulative Projects 5.2 Cumulative Impacts Analysis 5.2.1 Soils and Geology 5.2.2 Biological Resources 5.2.3 Cultural/Scientific Resources 5.2.4 Drainage/Hydrology 5.2.5 Hazards 5.2.6 Traffic and Circulation 5.2.7 Noise 5.2.8 Air Quality 5.2.9 Land Use/Relevant Planning 5.2.10 Population and Housing 5.2.11 Aesthetics 5.2.12 Mineral Resources 5.2.13 Public Services and Facilities 5.2.14 Utilities CHAPTER 6.0 -ALTERNATIVES TO THE PROPOSED PROJECT 6.1 Introduction 6.1.1 Purpose and Scope 6.1.2 Criteria of Alternatives 6.1.3 Identification of Alternatives 6.2 Analysis of Alternatives 6.2.1 No Project Alternative(No New Redevelopment Project Area) 6.2.2 Alternative Project Area 6.2.3 Alternative to be Determined 6.2.4 Alternative to be Determined 6.2.5 Alternative to be Determined 6.3 Summary of Alternatives 6.4 Identification of Environmentally Superior Alternative Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 7 CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED CHAPTER 8.0 - GROWTH-INDUCING IMPACTS CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED CHAPTER 12.0 - BIBLIOGRAPHY TECHNICAL APPENDIX A. Notice of Preparation/Initial Study B. Correspondence C. GHG Assessment A summary of the information and analyses to be included in each of the sections identified in the preceding table of contents is presented below. 1.0 Executive Summary A summary of the project location, description and objectives will be presented in this section as well as a summary of the potential impacts, mitigation measures, and unavoidable environmental consequences, presented in a matrix or table format. This section will also include a brief description of each alternative (including identification of the "environmentally superior" alternative), a list of potential areas of controversy, and issues to be resolved as required by the State CEQA Guidelines. 2.0 introduction This introductory section will identify the purpose and scope of the Draft PEIR, the contents of the document, the authority by which it has been required, the agencies having jurisdiction over the project, and the intended uses of the document(i.e., subsequent discretionary and/or permit approvals). 3.0 Project Description A complete description of the project, including its history and evolution, location, parameters, phasing (if available), and all actions necessary to implement the proposed project will be presented in this section. The description will include a narrative component and statistical tables as necessary and appropriate to adequately describe the nature, scope and intensity of the project. This section will also include a brief presentation of background information necessary to provide a context for the proposed redevelopment project. 4.0 Environmental Analysis The purpose of this chapter of the Draft PEIR is to describe the existing environmental conditions on the subject property and in the environs and to identify the potential impacts or consequences that may result Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 8 from implementation of the proposed project. This section will contain the environmental analysis for each issue, which has been determined to be the subject of the Draft PEIR. As previously indicated, the nature and extent of the analysis and documentation for each issue will be identified in the initial study undertaken in Task Two. In addition, comments received during a scoping meeting, if determined necessary by City and/or Agency staff, and NOP comments received during the public comment period must also be addressed in the Draft PEIR, if not already identified in the initial study. In some cases, the discussion included in the environmental analysis will be a summary of the information contained in the General Plan Update EIR or a technical study prepared to analyze the 2006 General Plan. In each case where a information from the General Plan EIR is incorporated by reference, the conclusions presented in that document will be briefly summarized in the appropriate section and a reference to that document made. When a General Plan Technical Study is used as the basis for the environmental analysis contained in the EIR, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project-related impacts, and identify/recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. The nature and extent of the analysis that will be conducted for each of the issues identified in the table of contents is presented in the initial study. In addition, information presented at the public scoping meeting, if determined necessary, could also result in the need to address concerns that were not previously identified during the preparation of the initial study. Finally, the environmental analysis will also address all of the specific concerns and issues identified in comments received not only from 1Jresponsible❑ and/or other public agencies but also those issues and concerns expressed in other comments received from the public during the NOP comment period. It should be noted that a standard format will be employed to analyze each issue identified in this proposal thoroughly. This format is presented below with a brief discussion of the information included within each topic. • Existing Environmental Setting This introductory section describes the existing environmental conditions related to each issue analyzed in the Draft PEIR. In accordance with the State CEQA Guidelines, both the local and regional settings are discussed as they exist prior to implementation of the proposed project. This documentation will serve as the baseline upon which the project-related impacts will be evaluated. • Significance Criteria Specific criteria will be identified and presented in this section of the Draft PEIR upon which the significance of the project-related potential impacts is determined, The significance criteria which are the basis of the environmental analysis contained in the Draft PEIR will be derived from the significant effects presented in the State CEQA Guidelines, adopted local (Le., City of San Jacinto, County of Riverside, etc.), State and/or federal policies and programs that may apply; and other commonly accepted technical and non-technical standards determined to be appropriate by the lead agency(i.e., City of San Jacinto Redevelopment Agency). • Environmental Impact Analysis The environmental analysis for each issue, which has been determined to be the subject of the Draft PEIR, is contained in this section of the document. The extent of the analysis and Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 9 documentation for each issue will be documented in the initial study. In some cases, the discussion will be a summary of a technical study prepared for the 2006 San Jacinto General Plan. In such case, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project-related impacts, and identify/recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. All project- related impacts, including those associated with all phases of the proposed project, will be clearly and adequately analyzed in accordance with the State CEQA Guidelines. It should be noted that any previous land use studies and/or other technical documentation prepared by/for the City of San Jacinto and/or Redevelopment Agency of the City of San Jacinto will be utilized to the extent it is applicable to the proposed redevelopment project. The analysis contained in the Draft PEIR will be based on the land uses prescribed in the adopted General Plan. As previously indicated, to the extent that the San Jacinto General Plan and General Plan EIR have current and relevant information and analysis, those documents will be utilized to evaluate the proposed redevelopment plan amendment, including the proposed list of infrastructure projects. Other technical documents prepared not only for the San Jacinto General Plan Update but also for other projects within or in the vicinity of the proposed redevelopment project area boundaries will also be used as reference documents in the environmental analysis. Mitigation Measures Where a potential significant environmental effect has been identified based on the criteria identified in analysis and that impact cannot be avoided, mitigation measures will be identified and included in this section of the document which 0... minimize significant adverse impacts . . . for each significant environmental effect identified in the EIR,❑ as prescribed in the State CEQA Guidelines. Level of Significance after Mitigation Unavoidable significant adverse impacts are those effects that either cannot be mitigated or they remain significant even after mitigation is incorporated into the proposed project. These significant effects will be identified in this section of the Draft PEIR. Prior to approval of the proposed project, the Redevelopment Agency of the City of San Jacinto will be required to adopt a Statement of Overriding Considerations that identifies and describes the public benefit(s) associated with project implementation that offset the significant impacts. 5.0 Cumulative Impacts This section of the Draft PEIR will focus on other projects that are proposed or approved in the project environs that would create demands on servicing agencies and affect the ability of those agencies to continue to provide an adequate level of service. The City of San Jacinto will identify any projects that have been proposed or are approved in the vicinity of the proposed project within its jurisdiction. In addition, KKC will query adjacent jurisdictions in an effort to identify additional projects in the vicinity of the subject property, also based on the City's criteria. These cumulative projects will be evaluated with the proposed project to determine project-related cumulative impacts. Where possible, impacts included in the cumulative analysis will be quantified, including those related to traffic, noise, and air quality. This section of the Draft PEIR will also provide a discussion of these cumulative projects and their potential impacts on the several issues analyzed in Chapter 4.0 of the document. Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 10 6.0 Alternatives to the Proposed Project Chapter 6.0 will provide a qualitative impact analysis of the alternatives identified by the City of San Jacinto. The type and number of alternatives to be analyzed in this Chapter of the Draft PEIR will be determined through discussions with the both Planning Department and Redevelopment Agency staff. The alternatives that will be identified and included for analysis will be those that are determined to be feasible and are capable of achieving (some of)the goals of the Redevelopment Agency of the City of San Jacinto. It will be necessary to evaluate the "No Project' Alternative (i.e., no amendment to the San Jacinto Redevelopment Plan), among others. 7.0 Significant Irretrievable Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented Those impacts that cannot be avoided, even with the implementation of mitigation measures, will be identified and summarized from the discussions contained in Chapter 4.0. 8.0 Growth-Inducing Impacts The manner in which the project could foster economic and/or population growth, either directly or indirectly, in the surrounding area will be thoroughly discussed. The analysis presented in this section will be particularly important given the potential significance of the proposed redevelopment plan that would, if approved, allow for potentially significant urbanization. The implications of such an action would affect not only the proposed "merged" redevelopment project area but also the remainder of the City as a result of potential infrastructure extensions, etc., into the area to serve future development and/or redevelopment within the proposed "merged" project area. Therefore, the analysis must necessarily consider the more far-reaching effects associated with the extension of infrastructure. Specifically, these effects could include future development within the City of San Jacinto where none had previously been anticipated. As a result, the characteristics of the project that may encourage and facilitate such other development activities that could significantly affect the environment, either individually or cumulatively, will also be discussed in this chapter and their potential effects identified. 9.0 Inventory of Mitigation Measures This chapter of the document will include a comprehensive listing of the mitigation measures that will be required as a result of project implementation. This listing of mitigation measures will be used to create the mitigation monitoring and reporting program that will stipulate the timing and responsibility for each mitigation measure. 10.0 Inventory of Unavoidable Significant Adverse Impacts A comprehensive listing of the potential unavoidable adverse impacts (i.e., those that cannot be mitigated to a less than significant level) that are anticipated as a result of project implementation will be presented in this section of the Draft PEIR. In addition, cumulative impacts that are significant and unavoidable will also be identified and listed. 11.0 Organizations and Persons Consulted A comprehensive listing of each individual and the organization with which the individual is associated will be included in this Chapter of the Draft PEIR to document the source of the information utilized in the environmental analysis. Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 11 12.0 Bibliography Each document used as a reference or source of information will also be identified and presented in the Bibliography, which will serve as a reference to those reviewing the Draft PEIR. In accordance with current CEQA requirements, the location(s) where each of the bibliographic references is maintained will be identified in this chapter to facilitate the review should the reference materials be needed. Upon completion of the Screencheck PEIR, the EIR consultant will print five (5) copies of the document and submit them to the Redevelopment Agency of the City of San Jacinto and City Planning Department for review and comment. Task Five—Preparation of the Draft Program EIR All comments on the information and analysis contained in the Screen check PEIR made by Redevelopment Agency of the City of San Jacinto and Planning Department staffs during their review will be forwarded to KKC for incorporation into the Draft PEIR. It is anticipated that the City's review will be completed within a four-week period. The City will review the document to ensure that the information contained within it is adequate and complete before the Draft PEIR is printed and distributed. A total of fifty (50) copies of the Draft PEIR will be printed once it is approved by the Redevelopment Agency of the City of San Jacinto and/or City Planning Department staff. Once released by City staff, KKC will distribute the Draft PEIR with the Notice of Completion (NOC) for a 45-day public review and comment period. The document will be mailed via certified mail (return receipt)or"delivery confirmation" to the entities identified on the master distribution list that also received the NOP. Task Six—Preparation of the Responses to Public Comments At the end of the State-mandated 45-day public review period, all comments received by the City from local, State and other responsible agencies and interested parties will be forwarded to the EIR consultant. Each comment will be addressed as it relates to the adequacy of the Draft PEIR. An appendix to the Draft PEIR will be prepared that includes a listing of each agency/individual commenting on the Draft PEIR, the correspondence received from the commentator, and the responses prepared for each comment. A total of fifty (50) copies of the responses to public comments appendix will be submitted to the Redevelopment Agency of the City of San Jacinto. Task Seven—Preparation of the Final Program EIR Once the Draft PEIR is certified, the Final PEIR will be prepared. That document will consist of the response to comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the Final PEIR will include "redline/strikeout" revisions that reflect changes resulting from comments received during the public review and comment period. A total of fifteen (15) copies of the Final PEIR will be printed and submitted to the Redevelopment Agency of the City of San Jacinto. Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 12 Task Eight— Preparation of the Findings of Fact and Mitigation Monitoring Program KKC will prepare the Findings of Fact and Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. These documents will be presented to the City of San Jacinto and will comply with the requirements of the State CEQA Guidelines. The MMRP will identify each mitigation measure to be carried out if the project is implemented, the entity that will be responsible for implementing the mitigation measure(s), and when each measure will be implemented. The MMRP will be presented in to the City in a form that is acceptable to the City of San Jacinto. In addition, KKC will be responsible for preparing the Findings of Fact, Statement of Overriding Considerations (if determined necessary), and the Notice of Completion, Notice of Determination. Task Nine—Public Hearings KKC will also attend all required public hearings, including those of the San Jacinto Planning Commission and City Council/Redevelopment Agency. The estimated budget proposed for this task will accommodate up to four (4) public hearings, including two (2) before the Planning Commission and two (2) before the City Council/Redevelopment Agency. The Project Manager will attend each and be responsible for making all presentations, if directed by City staff, and responding to questions raised during the public hearings. Should additional hearings be required, they will be charged at the appropriate hourly rate. Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 13 EmBir MD 11 SCHEDULE OF SERVICES RVPUBIDRD\560830 Ill. PROJECT SCHEDULE The scope of services through Task Three (i.e., submittal of the Screencheck PEIR) presented in this proposal can be accomplished in approximately 16 weeks. This schedule is presented below. Project Schedule—Draft Program EIR Amendment to the San Jacinto Redevelopment Plan Redevelopment Agency of the City of San Jacinto San Jacinto, CA Task Estimated Schedule 1 Project Management As Required 2 Initial Study/Notice of Preparation 4 Weeks 3 Sub-Consultant Studies 4 Weeks 4 Screencheck Program EIR 16 Weeks 5 Draft Program EIR 2 Weeks 45-Day Public Comment Period 6 Weeks 6 Response to Public Comments 4 Weeks 7 Final Program EIR 4 Weeks S Statement of Findings of Fact/ 2 Mitigation MonitoringProgram 4 Weeks 9 Public Hearings As Required 'Including 4 Weeks in Task 3. ZPrepared during 45-Day Public Comment Period or during Task 6. A detailed tentative project schedule reflecting meetings with staff, a scoping meeting, anticipated completion of technical studies and reports, completion of the Screencheck and Draft PEIRs, attendance at public hearings and preparation of the Final PEIR will be developed once the proposed project area and redevelopment plan have been established. Proposal for the Preparation of a Draft Program Environmental impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 14 EIMIT"C" COMPENSATION RVPUB\DRD1560830 IV. ESTIMATED BUDGET The scope of services and work project described in Section 11 of this proposal will be undertaken and completed for a fee of $58,200.00, not including printing and reproduction. This fee includes project management, preparation of several technical studies, the environmental impact analysis (including the Draft and Final PEIRs), and attendance at public hearings. In addition to the professional fees identified above, a fee of $6,250.00 has been estimated to be necessary for printing and reproduction. The total estimated budget, including printing and reproduction is $64,450.00. Estimated Budget—Draft Program EIR Amendment to the San Jacinto Redevelopment Plan Redevelopment Agency of the City of San Jacinto San Jacinto, CA Estimated Budget Task 1 Project Management $ 6,000.00 2 Initial Study/Notice of Preparation $ 4,600.00 3 Sub-Consultant Studies $ 1,500.00 3 Screencheck Program EIR $ 28,500.00 4 Draft Program EIR $ 3,500.00 5 Response to Public Comments $ 4,500.00 6 Final Program EIR $ 1,500.00 7 Statement of Findings of Fact/Mitigation Monitoring Program $ 4,500.00 8 Public Hearings $ 3,600.00 Sub-Total—Professional Fees $ 58,200.00 Printing and Reproduction $ 5,500.00 Screencheck Draft PEIR ($ 500.00) Draft PEIR(50 Copies) ($ 3,000.00) Final PEIR(20 Copies) ($ 1,500.00) Response to Comments ($ 500.00) Miscellaneous (Postage and Supplies) $ 750.00 Certified Mail for NOP and Draft FOR ($ 600.00) Supplies ($ 150.00) Total Printing and Reproduction $ 6,250.00 TOTAL ESTIMATED BUDGET $ 64,450.00 Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 15 Although the estimated budget identifies the costs anticipated to prepare the Draft PEIR as stipulated in the Request for Proposal, some of the fees are estimates only, including project management, response to public comments, attendance at public hearings, and printing costs. In addition, estimated budgets for the preparation of technical studies, if determined to be necessary, are not included in the budget estimate presented above. Should it be determined that additional efforts are required that were not anticipated and/or that exceed the total estimated budget stipulated above, the Redevelopment Agency of the City of San Jacinto will be notified in writing immediately and a supplemental budget proposed and approved to undertake the additional work efforts. Proposal for the Preparation of a Draft Program Environmental Impact Report Amendment to the San Jacinto Redevelopment Plan March 2009 16