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HomeMy WebLinkAbout2009 CON BRG Consulting - Downtown Specific PlanAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BRG CONSULTING, INC. THIS AGREEMENT is entered into this 17th day of February 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BRG Consulting, Inc., a consultant firm (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a consultant to provide environmental consulting services. WHEREAS, the CITY has determined that the CONSULTANT is an environmental consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 percent from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Raymond Pe hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Tim Gnibus thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. Furthermore, for purposes of that Cost Sharing Agreement between the CITY and the Developer, the CONSULTANT shall allocate fees and costs proportionately to the work performed for each of the three half -blocks of the project. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement — June 2008 revision Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subconsultants, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subconsultant(s) shall require the subconsultant to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subconsultants, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by 3 City's Standard Agreement — June 2008 revision members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the 4 City's Standard Agreement — June 2008 revision CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subconsultants, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 5 City's Standard Agreement — June 2008 revision after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 City's Standard Agreement — June 2008 revision B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Raymond Pe, AICP Principal Planner City of National City 1243 National City Boulevard National City, CA 91950-4301 Tim Gnibus, AICP Vice President BRG Consulting, Inc. 304 Ivy Street San Diego, CA 92101-2030 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because 7 City's Standard Agreement — June 2008 revision of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 8 City's Standard Agreement — June 2008 revision H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: BRG CONSULTING, INC. (Corporation - signatures of two corporate officers) By: 2 Ron Morrison, Mayor (Name) APPROVED AS TO FORM: 42ki: 2,, George H. Eiser, III City Attorney Erich R. Lathers (Print) President (Title) Timothy D. Gnibus (Print) Vice President (Title) 9 City's Standard Agreement — June 2008 revision EXHIBIT A City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Overall Approach BRG's primary and ultimate goal In implementing the National City Downtown Specific Plan Amendment environmental work program is to prepare comprehensive, objective, and legally -defensible CEQA documentation. We envision implementing a stepped approach that emphasizes communication with the City and milestone "check -ins" to ensure that our project understanding, approach to analysis, and conclusions are verified and concurred with by City staff as we move through this process. This is especially critical with respect to the environmental determination - Negative Declaration vs. Environmental Impact Report. BRG's general approach can be summarized as follows: • Review - existing available data (e.g., Downtown Specific Plan Program EIR), and conduct a site visit to assess existing environmental conditions and the amount and type of development that currently existing within the project area. • Analyze - development assumptions in the Downtown Specific Plan, potential net change in development for both "ground to plan" and "plan to plan." Utilize relevant environmental data from available environmental documentation to support Initial Study preparation. Assess the conclusions of the Program EIR with respect to the proposed Specific Plan Amendment. • Report Findings - meet with City staff at appropriate phases (e.g.'s, to discuss results of initial data review and Program EIR conclusions, confirm project description and development assumptions, review and confirm technical study findings). • Prepare Project Description for "Basis of Analysis" - prepare a project description that will form the basis of environmental analysis and confirm project description assumptions with City prior to commencing certain technical study analysis (e.g., traffic). Technical Studies - where appropriate, prepare technical studies (e.g. traffic). This step will be the most critical in determining whether an EIR is required. Prepare CEQA Initial Study - a detailed Initial Study will be prepared which will be utilized either: 1) to support the finding of a (Mitigated) Negative Declaration, or to focus the environmental issues to be addressed should a determination be made that an EIR is required. Formal Environmental Determination supported by Initial Study Prepare Negative Declaration and Complete Environmental Review (if applicable) Prepare Environmental Impact Report Scope and Complete Environmental Review (if applicable) • Prepare Notices Prepare Mitigation Monitoring and Reporting Program Prepare CEQA Findings of Fact and Statement of Overriding Considerations (if applicable) BRG Consulting, Inc. -1- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Scope of Work TASK 1: DATA COLLECTION, REVIEW AND ANALYSIS, AND SITE VISIT Under Task 1 BRG will conduct initial data collection for the project (e.g., obtain current ambient air quality data, review available existing environmental document data base including the Downtown Specific Plan Program EIR, etc.). BRG will analyze development assumptions in the Downtown Specific Plan, and the potential net change in development for both "ground to plan" and "plan to plan" for the proposed Specific Plan Amendment project area. We will utilize relevant environmental data from available environmental documentation to support Initial Study preparation and assess the conclusions of the Program EIR with respect to the proposed Specific Plan Amendment. Once this work effort has been completed, BRG will meet with City staff to discuss results of initial data review and Program EIR conclusions. We will conduct a site visit to obtain a full understanding of current site conditions and existing amount of development on the site. TASK 2: PROJECT DESCRIPTION BRG will prepare a detailed Project Description that will form the basis of analysis of environmental review for the proposed project. This project description will be suitable for inclusion in either a (Mitigated) Negative Declaration or Environmental Impact Report. The purpose of this task is to ensure that City staff, and the environmental team have a complete understanding of the project prior to commencing detailed environmental analysis. We will prepare a Draft Project Description which will be provided to City staff for review and comment. The Draft Project Description will be revised based on one round of comments received by the City (i.e., there will be one review cycle for the Project Description). We will meet with the City if needed to confirm that the elements of the Project Description are accurate. TASK 3: TECHNICAL STUDIES Based on our current understanding of the project area and the proposed Specific Plan Amendment, we envision technical studies will be needed for traffic and circulation, air quality, greenhouse gas emissions, and noise, cultural resources, and hazardous materials. The following identifies the detailed scope of work associated with each of these studies. As an outcome of the technical study preparation, we would meet with City staff, if needed, to confirm the findings and conclusions of these studies. Land Use/Planning/Community Character Analysis The CEQA document will assess the potential impacts to neighborhood and community character, existing land uses, and the existing visual environment that could result from the proposed change in land use/zoning designation, density/intensity of use, building bulk and mass, and scale of development. Because the project involves a Specific Plan Amendment, and corresponding development regulations, an important aspect of the disclosure in the CEQA document will be to illustrate to the lay person the change in potential building massing and height that could occur on the project site as compared to existing regulations. Two massing studies and associated street cross -sections will be prepared, utilizing computer modeling software. It is not anticipated that a detailed visual simulation will be prepared, rather, a series of transparent building 'envelopes' would be shown. Two cross -sections will also be created to illustrate this regulatory change. 11 BRG Consulting, Inc. -2- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Traffic and Circulation BRG will utilize LOS Engineering, Inc. to prepare the traffic study. The traffic study will document the proposed changes in land use and determine the extent of traffic increase (daily and peak hours) under near -term and long-term conditions. The analysis will include intersections, segments, and arterials. The cost of a San Diego Association of Governments (SANDAG) Series 11 Select Link Assignment traffic model is included in the scope of work. The following methodology would be applied to determine if a potential significant impact would occur due to the proposed Specific Plan Amendment: 1) The SANDAG modified Series 11 traffic model being developed as part of the Westside Specific Plan will be used as the baseline for the proposed SPA. Current estimates place the availability of the modified Series 11 model within 6 weeks. Upon acceptance by City staff, the modified Series 11 model will be used to forecast the proposed SPA. 2) The SANDAG modified Series 11 traffic model parameters would be reviewed, updated, and a new model would be run with the proposed land use changes for the proposed SPA. 3) The study area has been defined by City staff that includes approximately 15 intersections and approximately 26 segments. The intersection analyses will be based on the operations analysis that is consistent with the Westside Specific Plan analysis. 4) The traffic analysis would document the long-term changes in traffic for the study area intersections, segments, and arterials. 5) The traffic study format would comply with California Environmental Quality Act (CEQA) requirements for either an Environmental Impact Report (EIR) or Mitigated Negative Declaration (MND). 6) A pedestrian connectivity analysis will be included for the 3 1 /2 block area making up the SPA. The pedestrian component will include origin/destination elements, transit, and midblock crossing applicability. TASK 1: Project Initiation and Data Collection 1) Coordinate with the client and or development team to learn the project objectives. 2) Coordinate or meet with the reviewing agency to scope the project analysis requirements. 3) Obtain from the City the intersection and segment data. If available, obtain the Synchro baseline model developed for the Westside Specific Plan. 4) Visit the project site including the surrounding area to note existing conditions with respect to: intersection control, intersection lanes, intersection signal phasing, street widths, street types, surrounding parking restrictions, and any other needed traffic control information. BRG Consulting, Inc. -3- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment 5) Obtain relevant information from approved traffic reports approved cumulative or agency requested cumulative projects. Cumulative projects are other projects that are planned but not completed but would generate traffic upon opening. TASK 2: Long -Term Analysis 1) Obtain long-term (year 2030) street segment traffic volumes from the modified Series 11 model. 2) Determine long-term street segment and intersection Level of Service (LOS) with the proposed project. 3) Determine the existing peak hour LOS at the key intersections using the 2000 Highway Capacity Manual (HCM) methodology for intersections and on the street segments using the agency's table. 4) Estimate potential long-term significant impacts based on agency criteria. 5) Recommend long-term mitigation measures if required. TASK 3: Report, Comments, Meetings, and Hearings (up to 8 hours) 1) Submit a draft traffic report to the Client for review. Make one round of editorial changes if requested by the Client and submit to the Client or reviewing agency. 2) Address the comments and letters submitted to the Planning Commission and City Council for public hearings on the project, address the traffic impact issues, and attend as needed meetings or hearings for a total of up to 8 hours. Air Quality BRG will utilize Investigative Science and Engineering (ISE) to address potential air quality, acoustical, and greenhouse gas/global warming (GHG/GW) impacts. The following identifies ISE's detailed scope of work for each of these issue areas. TASK 1: Assessment of Existing Site Levels The existing project site conditions will be quantified in the following manner: • Ambient air quality data will be collected utilizing best available data from California Air Resources Board (CARB) monitoring stations located near the project areas. Levels for ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and particulate matter (PM10) are typically available from these stations. ISE will augment this data, as ISE deems necessary, with short-term onsite ambient field monitoring using a Quest Model AQ5001 Pro air toxics meter using electrochemical sensors and/or sampling and analysis in our air/water quality lab. In house laboratory testing, should it be deemed necessary by ISE, would be performed using Tedlar®- bagged ambient air samples processed using residual gas analysis (mass spectrometry) techniques. BRG Consulting, Inc. -4- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment TASK 2: Assessment of Construction and Operational Impacts Construction -related air quality emission levels will be quantified in the following manner: • Fugitive dust issues will be addressed for construction vehicle activity, grading, and hauling operations. Overall site levels (in pounds per day) will be tabulated. Applicable diesel toxics emissions and associated health risk will be quantified. Operational air quality impacts from the proposed facility will be quantified in the following manner: Air quality impacts due to facility emissions will be cataloged and compared against applicable EPA/SDAPCD guidelines. Applicable chemical toxics will be addressed. Should exceedances be identified, dispersion screening will be performed using the EPA SCREEN3 model. ISE will perform an air toxics screening assessment consistent with past City requirements. TASK 3: Design of Mitigation Measures General mitigation measures to control onsite emissions and dust levels at the project site will be developed. The proposed mitigation would be consistent with the City air quality standards. Noise TASK 1: Assessment of Existing Site Levels The existing project site conditions will be quantified in the following manner: The ambient noise environment will be quantified based on short-term sound level measurements taken at up to six (6) locations onsite. Ambient noise level data will be recorded in hourly equivalent sound levels (or Leq-h) along with the applicable statistical metrics L10, L50, L90 and maximum and minimum observed levels. All measurements will be conducted using integrating sound level meters, which meet the American National Standards Institute (ANSI) requirements for a Type 2 meter. The sound metrics gathered would be consistent with those identified in applicable City General Plan Noise Elements. All recorded field data collected directly by ISE will be logged with annotations regarding date of test, time of test, site location (non -differential GPS mark), ambient conditions, temperature, wind speed and direction, and observer comments. Photo documentation will be made available to the client upon request at no additional charge. TASK 2: Assessment of Traffic and Operational Impacts Build -out area noise emission levels will be quantified in the following manner: • Exterior noise levels along major roadway segments servicing the area will be calculated using the TNM 2.5 Vehicular Traffic Noise Prediction model using California Noise Emission (CALVENO) Factors. Future build -out year traffic data will be obtained from the project traffic study. All noise levels will be presented in terms of Community Noise Equivalence Level (or CNEL) contours. Impacts to rt] BRG Consulting, Inc. -5- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment adjacent land uses will be quantified based upon standards established in the City General Plan Noise Element. Operational impacts will be determined from the project on the surrounding land uses using the IS3 Industrial Source propagation model. Onsite activities will be quantified upon design information provided by the project applicant. TASK 3: Design and Mitigation Measures Should noise -attenuating devices (such as walls, berms, or structural modifications) be required to mitigate exterior noise levels from related activity, they will be designed in accordance with applicable City's General Plan and Circulation Elements. The design will be such as to maximize the aesthetic quality of the attenuating device. Greenhouse Gas/Global Warming Impact Assessment TASK 1: Project related greenhouse emissions and its effect on local and global warming would be analyzed in the following manner: • ISE will provide an informative discussion of the evolution of global warming and the previous findings of the United Nations Intergovernmental Panel on Climate Change (IPCC). • ISE will quantify construction and project trip generated Greenhouse Gas (GHG) emissions (i.e., CO2 levels and equivalent gasses) using the methods commonly used during the performance of an Air Quality Conformity Assessment. • ISE will calculate the net change in solar radiative forcing due to equivalent annual CO2 levels for a thermodynamically closed system under an Urban Heat Island condition. The approach will be consistent with the findings of the Third Assessment Report of Working Group I of the Intergovernmental Panel on Climate Change (IPCC). • Finally, ISE will calculate the net annual change in temperature using the IPCC's cited surface air temperature sensitivity factors. TASK 2: Design and Mitigation Measures ISE will recommend greenhouse gas control measures currently identified by the State of California as part of AB 32. Archaeology and Historical Resources BRG will utilize ASM Affiliates, Inc. to prepare a cultural and historical resources technical report for the proposed project for compliance with City of National City CEQA guidelines. ASM's proposed scope of work will involve a search of maps and site records for the project area at the South Coastal Information Center (SCIC) at San Diego State University, followed by a pedestrian survey of the project property. All work will be performed by RPA-certified, senior staff members who met or exceed qualifications per the City of San Diego's cultural resource guidelines. n 6 • BRG Consulting, Inc. -6- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Documentation of Native American consultation will be required under Senate Bill 18 guidelines. ASM will send a letter to the Native American Heritage Commission (NAHC) requesting a review of its Sacred Lands Inventory files. NAHC will respond by either providing information on any Sacred Lands located within the project area or with a list of Native American Tribes and representatives that may be able to provide further information about such properties in relation to the project area. ASM will endeavor to make direct contact (e.g. letter followed by telephone call) with Native American representatives with interest in the project community. Native American consultation will include discussion of any potential project impacts to archaeological sites or traditional cultural places known to the Native American representative or the project archaeologist. The NAHC can recommend contacts in the Native American community if the proponent is not acquainted with interested parties. As the proposed study area is developed, the pedestrian survey will focus on the built environment. Building records will be acquired for all buildings within the study area to determine dates of construction. Each of the buildings within the study area will be photographed from the public right-of- way and notes will be taken regarding architectural features and historical integrity for each building. Following compilation of records search information and field reconnaissance, ASM will prepare the draft technical report. The technical report will be prepared in compliance with the California Office of Historical Preservation Archaeological Resources Management Report guidelines and will include a historical context for the development of National City, detailed description of each building's architecture, photo documentation for each building, and an assessment of potential eligibility to the California Register of Historical Resources (CRHR). The potential for buried archaeological resources will also be assessed. Should any buildings appear to be eligible to the CRHR, recommendations will be made for formal evaluation. We will provide an additional proposed scope of work and cost estimate for any formal evaluations. Hazardous Materials BRG will utilize Environmental Resources Management (ERM) to provide a Hazardous Materials assessment for the project area. An initial review of the existing hazardous materials information has been conducted by ERM. This information includes the Phase I Environmental Site Assessment for Block 064 (SCS Engineers, 2006) and the Hazardous Materials Technical Study. Based on the information we have at this time, ERM's work effort has been reduced to reflect available data, and Option III of ERM's scope of work will be implemented. This option assumes that the City will not require or request a full Phase I ESA for any of the subject parcels. Under this option, ERM will provide environmental consulting services and provide a professional opinion regarding the environmental conditions of the subject parcels, which would support the CEQA document being prepared for the Specific Plan Amendment. The professional opinion/assessment will be based upon a site reconnaissance visit and review of reasonably obtainable information about the subject parcels such as: BRG Consulting, Inc. -7- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment • Review of historical sources of information, as available; Review of federal, state, tribal and local government records; Visual inspections of the facility and adjoining properties; and Commonly known or reasonably ascertainable information about the subject property. Option III specifically does not include the costs associated with either an Environmental Lien or Chain - of -Title search for any of the subject parcels. Further, Option III does not propose to complete a Phase I ESA in conformance with the ASTM Standards. Option III includes the preparation of a single, "stand alone" report that will include a summary of ERM's findings and ERM's professional opinion regarding the environmental conditions of the subject parcels. TASK 4: CEQA INITIAL STUDY BRG will prepare a screencheck draft and a Draft Initial Study in accordance with State CEQA Guidelines (Section 15063[d]). The Initial Study will be completed in a manner so as to thoroughly document why all issues associated with the Specific Plan Amendment have been evaluated as not having a significant effect on the environment, or that measures have been incorporated into the project to reduce the impact to a level less than significant (or that project's mitigation measures have been included as conditions of project approval so as to reduce the level of significance). Conversely, if a determination is made that an EIR is required, the Initial Study will be relied upon as the tool to focus the environmental issues to be examined in further detail in the EIR. We will prepare a screencheck Initial Study for review and comment by City staff, and revise the Initial Study based on City staff comments. TASK 5: PREPARATION OF ENVIRONMENTAL DOCUMENTATION The following identifies the scope of work associated with either the preparation of a (Mitigated) Negative Declaration or Environmental Impact Report. If it is determined that the Specific Plan Amendment can be addressed through the preparation of a Negative (or Mitigated) Declaration, then the majority of work related to this process will have been completed during Tasks 1 through 4. The specific tasks associated with the preparation of a Negative (Mitigated) Declaration are identified below as Tasks 5A-1 through 5A-3. Related tasks also include Tasks 6, 7, and 8 below. TASK 5A: NEGATIVE DECLARATION SCOPE OF WORK (OPTION 1 FOR CEQA COMPLIANCE) Subtask 5a-1: Prepare Draft (Mitigated) Negative Declaration Based on the CEQA Initial Study completed under Task 4, BRG will prepare a Draft (M)ND consistent with State CEQA Guidelines and the City's format and content requirements for (M)NDs. A screencheck (Mitigated) Negative Declaration document, including the Initial Study will be submitted to the City for review and comment. The (Mitigated) Negative Declaration will be revised based on City comments and the public review Draft (Mitigated) Negative Declaration will be prepared. The appropriate number of copies will be provided to the City for distribution. E I I BRG Consulting, Inc. -8- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Subtask 5a-2: Prepare Final (Mitigated) Negative Declaration for City Adoption BRG and City staff will review comments received during the public review period. Although not technically required by CEQA, BRG will finalize the Draft (M)ND that will include written responses to any public comment letters received during the public review period. BRG will provide a screencheck "final" (Mitigated) Negative Declaration for City staff review. After City staff review, BRG will finalize the (M)ND and provide copies to the City. Other tasks associated with the Negative Declaration process (meetings, noticing, and mitigation monitoring and reporting program) are identified in Tasks 6, 7, and 8. TASK 5B - ENVIRONMENTAL IMPACT REPORT SCOPE OF WORK (OPTION 2 FOR CEQA COMPLIANCE) If a determination is made that an Environmental Impact Report is appropriate for the Specific Plan Amendment, the following tasks would be completed. Our approach will be to utilize the existing environmental database to the fullest extent that is available in the Downtown Specific Plan Program EIR and supplement that information with BRG's independent research and analysis and the technical studies identified in Task 3. Subtask 5B-1: Determine Scope and Appropriate Type of EIR We expect that the scope of the EIR would be determined through preparation of the Initial Study under Task 4. However, if a determination is made that a Supplemental EIR is appropriate for this project (CEQA §15163), then the format would be modified as appropriate to meet this CEQA Guideline. Subtask 5B-2 Screencheck Draft EIR BRG will prepare an EIR for the proposed project that addresses all project components as well as current and future discretionary actions associated with implementation of the project. We understand that the CEQA document must ultimately be certified as reflecting the independent judgment of the lead agency. The EIR will comply with the criteria, standards and procedures of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.) as amended, the City of National City's environmental review procedures, and the regulations, requirements and procedures of any other responsible public agency with jurisdiction by law over the project. BRG will prepare a Screencheck Draft EIR for the proposed project for review by the City. The Screencheck Draft EIR will analyze the proposed project at the level of detail provided in the Project Description. We understand that certain components of the project may not come "on-line" until a future date. The approach of the EIR analysis will be to address the whole of the project to the degree that project components are known, while providing flexibility to decision -makers and minimizing any need for future, subsequent environmental review as individual project components move forward. BRG Consulting, Inc. -9- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment We will also utilize the existing environmental database associated with the previous approval for the project site to the extent feasible. The EIR will include the following sections: • Table of Contents Introduction • Executive Summary • Project Description • Environmental Setting • Environmental Impact Analysis • Significant Irreversible Environmental Changes • Impacts Found Not To Be Significant • Cumulative Impacts • Growth -Inducing Impacts • Alternatives • References, Persons and Agencies Contacted and EIR Preparation • Technical Appendices The following sections are anticipated in the EIR. The approach to the primary technical analyses has been described under Task 3 Technical Studies. The scope of the EIR would be determined through Task 4 and 5B-1. All EIR text will be supported by figures, tables, and charts as appropriate. Subtask 5B-3: Draft EIR BRG will incorporate City comments on the Screencheck Draft EIR and provide a quality control review. We will provide one "pre-print" Draft EIR to the City for a final review and check prior to printing of the Draft EIR. BRG will be responsible for the printing of the Draft EIR. For this task we assume a total of 50 copies of the Draft EIR and corresponding technical appendices will be printed. Fifteen (15) copies of the Draft EIR will be distributed by Federal Express to the State Clearinghouse to initiate the 45-day public review period. We will also provide the City with one electronic version in a format suitable for provision on CD and/or the City's website. Subtask 58-4: Responses to Comments BRG will prepare responses to all written comments received on the Draft EIR during the 45-day public review period. Each comment letter received will be assigned a letter (e.g. Letter A, Letter B, etc.) and each individual comment will be numbered accordingly. BRG will prepare a screencheck set of responses to comments received for review by the City. Our cost estimate assumes a total of 100 individually numbered comments will be received on the Draft EIR. Please note a single comment letter may contain numerous numbered comments. 111 BRG Consulting, Inc. -10- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Subtask 5B-5: Final EIR BRG will prepare a Final EIR that incorporates the responses to comments and any modifications to the Draft EIR necessary as a result of the comments received on the Draft EIR. The Final EIR will include all required contents pursuant to CEQA Guideline 15132. Other tasks associated with the Environmental Impact Report process (meetings, noticing, and mitigation monitoring and reporting program) are identified in Tasks 6, 7, and 8. Task 5B-6: CEQA Findings of Fact/Statement of Overriding Considerations BRG will prepare the Candidate CEQA Findings of Fact pursuant to CEQA Guideline Section 15091. BRG will identify project changes, alterations, and required mitigation identified in the Draft EIR which avoid or substantially lessen the significant environmental effects. If there are mitigation measures or alternatives to the project identified in the EIR which could reduce the adverse consequences of the project but which are determined infeasible, BRG will provide the required CEQA findings, giving the specific economic, social or other conditions which render the mitigation measure or alternative infeasible. It may be necessary for the City to provide specific information to assist BRG with this task. BRG will prepare Draft CEQA Findings of Fact and the Statement of Overriding Considerations (if necessary) for review by the City. Based on City review and comment on the Draft CEQA Findings of Fact and Statement of Overriding Considerations, BRG will prepare a Final CEQA Findings of Fact/SOC document which will be adopted in conjunction with certification of the Final EIR. TASK 6: MITIGATION MONITORING AND REPORTING PROGRAM Whether a Mitigation Negative Declaration or EIR is prepared, BRG will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with Public Resources Code Section 21081.6(a) (l) and California Code of Regulations Section 15091. The components of the MMRP will include: specific monitoring activities; implementation phase or milestone; identification of the party responsible for implementation; identification of the party responsible for monitoring; criteria for evaluating the success of each mitigation measure; and, compliance verification criteria. BRG will prepare a Draft MMRP for review by the City. Based on City review and comment on the Draft MMRP, BRG will prepare a Final MMRP for adoption as part of the City adoption of the Negative Declaration, or certification of the EIR and approval of the proposed project. TASK 7: CEQA NOTICES Task 7.1: Notice of Preparation If an EIR is required, BRG will prepare the Notice of Preparation. BRG will prepare the NOP in two formats: 1) in a format appropriate for publishing in a newspaper of general circulation; and, 2) in a format appropriate for mailing to appropriate agencies and other entities or individuals. We would provide the City with the appropriate number of copies of the NOP. .o. 11 BRG Consulting, Inc. -11- December 4, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment Task 7.2: Notice of Completion, Notice of Intent, Notice of Availability Depending on the CEQA document needed, BRG will prepare the appropriate CEQA-related notices - Notice of Completion, Notice of Intent, and Notice of Availability. The Notice of Completion would be completed for any documents submitted to the State Clearinghouse. BRG will prepare either the Notice of Intent (NOI) to Adopt the (M)ND), or the Notice of Availability (NOA) and provide to the City in two formats: 1) in a format appropriate for publishing in a newspaper of general circulation, and 2) in a format appropriate for mailing to appropriate agencies. Task 7.3: Notice of Determination BRG will prepare the Notice of Determination (NOD) for the (Mitigated) Negative Declaration or EIR, and obtain signatures from the appropriate contact person at the City. We assume that the City will be responsible for paying the Department of Fish and Game -filing fee ($1,876.75, effective January 1,2008), if applicable. However, it appears that a No Effect finding pursuant to California Fish and Game Code Section 711.4(c)(2) could be obtained from the Department of Fish and Game (DFG) for this project, eliminating the need to pay the DFG filing fee. This determination will require consultation with the Department during the preparation of the (M)ND or EIR. TASK 8: MEETINGS AND HEARINGS Task 8.1: Staff Meetings BRG Senior Project Manager will attend meetings with City staff to initiate the project, review data, confirm technical report findings, review screencheck document comments, and resolve issues as they arise through the process. Our scope provides for attendance of Senior Project Manager at approximately 6 staff meetings during the course of the project. Task 8.2: Scoping Meeting (EIR Only) If an EIR is required, a public scoping meeting will be held for the proposed project to solicit input from the public and public agencies as to the scope and content of the EIR. BRG will assist the City with holding a public scoping meeting. We assume that the City will make available an appropriate meeting place for the scoping meeting. BRG will prepare scoping meeting materials and will handle the CEQA related portion of the presentation. Task 8.3: Hearings BRG Principal and/or Senior Project Manager will attend up to two public hearings for the certification of the environmental document. We will be prepared to provide necessary expert testimony to support the data and conclusions contained in the environmental document. Budget BRG proposes to complete the services described above for a not -to -exceed fixed -fee of $89,899 for a Negative Declaration and $135,729 for an EIR. The fees quoted reflect the maximum cost that would be charged, including reimbursable expenses, with the exception that, if extensive public comments are received on the Draft Negative Declaration or EIR, the task associated with preparation of responses to comments would be negotiated with the City at that time. fil• BRG Consulting, Inc. -12- December 4, 2008 Downtown Specific Plan Amendment Principal Project Manager Envkon Analyst III Emkon Analyst II CADO/ Graphics Envwon Analyst I Production Total MG Hours BRG Labor Cost TASK 1 - DATA COLLECTION, ASSESS, SITE VISIT 2 10 6 2 8 4 0 32 $4,170 TASK 2 - PROJECT DESCRIPTION 2 8 16 4 12 0 2 44 $5,260 TASK 3- TECHNICAL STUDIES (Coordination) 0 12 2 4 2 0 0 20 $2,790 TASK 4 - CEQA INRIAL STUDY 2 24 8 48 91 24 72 209 $21.295 Total Tasks 1 through 4 $33,515 TASK 5 - CEQA DOCUMENTATION TASK 5A - Negative Declaration Task 5A-1 Prepare Draft Mitigated Neg. Dec. 0 4 16 0 4 8 12 44 $4,280 $7.030 Task 5A-2 Prepare Final Mitkgated Neg. Dec. 2 16 24 0 0 8 8 58 Total Task SA (Negative Declaration) S1 ,310 TASK 58 - Environmental Impact Report Task 58-1 Scope and Type of EIR 0 4 0 0 0 0 0 4 5680 Task 58.2 Scteencheck Draft EIR 8 32 56 42 24 92 32 286 $29,240 Task 58-3 Draft EIR 2 8 24 16 8 32 16 106 $10,350 Task 5B-4 Response to Comments 2 16 0 0 0 24 8 50 $5,830 Task 58-5 Final EIR 0 8 0 0 4 8 8 28 $3.020 Task 58-6 - CEQA FINDINGS/SOC a 6 0 18 0 0 0 24 $2,640 Total Task 5B (Environmental Impact Report) $51.760 TASK 6- MMRP 0 4 8 4 0 0 6 22 $2,350 TASK 7 - CEQA NOTICES Subtask 7.1 Notice of Preparation 0 4 0 0 0 4 2 10 51,150 Subtask 7.2 NOC. NOI or NOA 0 2 4 0 0 8 2 16 $1,510 Subtask7:3 Notice of Determination-_._-_-_-_._4_._._1_._._ Subtotal Task 7 Negative Declaration Notices 0 8 2 6 ._._ o 0 ._-_.o 0 ._._. o._-_._._.1 12 5 _ . _ . 5 31 _._._5625. $2,135 Subtotal Task 7 EIR Notices 0 72 12 0 0 20 8 52 $3,285 Task 8 MEETINGS AND HEARINGS Subtask 8,1-Team/Staff Meetings 4 10 0 0 0 0 0 14 $2.960 Subtask 8.2 - Scoping Meeting 0 4 0 0 2 4 2 12 $980 Subtask8,3 _Hearings-_-_._._._-_._._._._6---_-_ Subtotal Task 8 Negative Declaration Meetings 10 6 20 ..........0 0 .._.....0 0 ._-_-0 2 .._._.0._____._. 4 0 2 _-_- 12 38 _-_- $2,910 $5,870 Subtotal Task B EIR Meetings 16 30 0 0 4 8 4 62 $6,850 Rate (S/hr) SuboonMAt tfe2TefiticeEStume,7 315 170 100 90 95 75 85 LOS Engineering, Inc. (Traffic Report) NOTE: Cost Includes SANOAG Model Investigative Science and Engineering (Air Quality, GHG, and Noise technical reports) ASM Affiliates (Cultural end Historical Resources Report) ERM (Hazardous Materials Assessment Report) Subconsultant AdMNstrative Cost Total Subeaneultent Coat S 10,000 S7,500 S6,654 56,500 S3,065 S33,719 Neg Dec Process - Mileage 6 Postage, delivery, miscellaneous printing EIR Process - Mileage S. Postage. delivery, miscellaneous printing TOTAL NEGATIVE DECLARATION COST ESTIMATE 51,000 54.250 $ 89,899 TOTAL EIR COST ESTIMATE S 135,729 BRG Consulting, Inc. December 9, 2008 City of National City - Planning & Building Department Revised Scope of Work - Downtown Specific Plan Amendment BRG Task -by -Task Work Schedule 411.60 _ ', t � , + -Days1.lgpp ai ate Completion'IDate``S. Environmental Review/Determination 1 2/9/09 Kickoff Meeting 14 2/23/09 Data Collection & Analysis 14 2/23/09 Draft Project Description 7 3/2/09 City Review Project Description 7 3/9/09 Final Project Description 42 2/9/09 - 4/20/09 Technical Reports 28 3/9/09 - 4/27/09 Screencheck Initial Study 7 5/4/09 City Review 7 5/11/09 Finalize Initial Study 1 5/12/09 Environmental Determination Negative Declaration 14 5/26/09 Screencheck Draft Neg Dec 14 6/9/09 City Review 7 6/16/09 Public Review Draft Neg Dec 30 7/16/09 30-day Public Review 7 7/23/09 Responses 7 7/23/09 Draft MMRP 7 7/30/09 City Review 7 8/6/09 Finalize ND, MMRP Environmental Impact Report 7 5/19/09 Draft Notice of Preparation 3 5/22/09 City Review 30 5/25/09 - 6/25/09 NOP Review Period Scoping Meeting 1 (during NOP 30-day) Screencheck Draft EIR 35 6/19/09 14 7/3/09 City Review Draft EIR 7 7/10/09 45 7/10/09 - 8/24/09 Public Review 14 9/7/09 Response to Comments 7 9/14/09 City Review 7 9/21/09 Screencheck Final EIR 7 9/28/09 Draft MMRP 7 9/28/09 Draft CEQA Findings 7 10/5/09 City Review 7 10/12/09 Final MMRP 7 10/12/09 Final CEQA Findings 7 10/12/09 Final EIR BRG Consulting, Inc. -13- December 4, 2008 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID LM BRGCO-1 DATE (MM/DD/YYYY) 01/27/09 PRODUCER Marrs Maddocks & Associates Insurance Svcs, Inc. #0818269 1903 Wright Place, #280 Carlsbad CA 92008 Phone:760-804-0402 Fax:760-804-0942 INSURED BRG Consulting, Inc. San DiegotCA 92101-2030 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURERA Rockhill Insurance Company 28053 INSURER8 Safeco Insurance Company INSURERC. Oak River Insurance Co. 34630 ;NSURER C ------ -----. - INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO -HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIEED HEREIN .S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRWDDTF POLICY EFFECTNE POLICY EXPIRATION I LTR INSRD TYPE OF INSURANCE i POLICY NUMBER DATE (al/FDE VY) - DATE (MM/DD/YY) ! LIMITS GENERAL LIABILITY 1 : EACH OCCURRENCE S 2000000 • :DAFIAGETO RENTEC--'..---- A i I X COMMERCIAL GENERAL LIABILITY i RPKGE001526 01/20/09 1 01/20/10 PREMISES(Eaoccurence) 5 50000 CLAIMS P.IADE X OCCUR ' - • MED EXP (Any one person) $5000 X ;Ded $2500 PERSONAL BADVINJURY S 2000000 GENERAL AGGREGATE r , GENT_ AGGREGATE LIM r APPLIES PER PRODUCTS - CCMP:CP AGG : $ 4000000 S 4000000 POLICY X 1 ,IECT -OC • , AUTOMOBILE LIABILITY SINGLE I L'T I EOMBINED B : I X !ANY AUTO 02CD11526180 07/26/08 ' 07/26/09 j ALL OWNED AUTOS I BOC%LV INJURY S 1000000 S • I SCHEDULED AUTOS (Per arson; X H.RED AUTOS • BODILY INJURY (Per accdenl) S X ; NON -OWNED AUTOS ..--_.._.... ._.-... PROPERTY DAMAGE 5 I I (Per acatlenl) GARAGE LIABILITY AUTO ONLY - EA ACC:DENT S ANY AUTO 1 EA ACC ._ .. OTHER THAN -.. S ....-.. .. AUTO ONLY AGG 5 i EXCESS/UMBRELLA LIABILITY . • EACH OCCURRENCE S • OCCUR I CLAIMS MADE . AGGREGATE S DEDUCTIBLE i ----- _-... . 5 ._... 7 RETENTION S S . WORKERS COMPENSATION AND X ORY LIMITS C SIATU- ' E H- �TORER_ EMPLOYERS' LIABILITY -- C , 2210001867-081 12/01/08 12/01/09 ! EL EACH ACCIDENT ANY PROPRIETOR/PARTNER•EXECUTIVE - .. _ - —_- . _.._. S 1000000 . OFFICER/MEMBER EXCLUDED" E L DISEASE- EA EMPLOYEE 51000000 If yes• describe under . _. _. .. ___ . .. __.. . SPECIAL PROVISIONS beiow I E L DISEASE - POLICY LIMIT. S 1000000 OTHER A Professional RPKGE001526 01/20/09 01/20/10 Aggregate 4000000 Ded $5000 Ea Limit 2000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents & employees are named additional insured including Per Project Aggregate with forms to follow form company. Additional insured incl on Auto CA7110(3/07). *10 day notice of cancellation for nonpayment of premium CERTIFICATE HOLDER CANCELLATION NATCITY City of National City c/o City Attorney's Office 1243 National City Blvd. National City CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) © ACORD CORPORATION 1988 POLICY NUMBER: 4000002623-081 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: CG20101001 (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2000 Page 1 of 1 COMMERCIAL GENERAL LIABILITY ECG 24 511 05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY PROVISION - YOUR OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If other insurance similar to this insurance is held by a third party named below, this insurance is primary to that other insurance but only with respect to liability arising out of your ongoing operations performed for that third party under a written contract. SCHEDULE Name of third party: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and if 1. That request is made prior to the date that your operations for that person or organization commenced; and 2. A certificate of insurance evidencing that request is on file with, or received by, us prior to sixty days after the end of the policy period for this insurance. ECG 24 511 05 00 Copyright, Everest Reinsurance Company 2000 PAGE 1 OF 1 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1997 Safeco o COMMERCIAL AUTO CA71100307 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS. MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED ALTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION II — LIABILITY COVERAGE — A.1. WI-0 IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50 or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage Form apply unless BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an `insured", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations. and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you cr for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one cf your em- ployees. There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. The defense of any claim or "suit" must oe tendered ny this person or organization as soon as practicaple to all other insurers which potentially provide insurance for such claim or "suit". (3) (5) Includes copyrighted material of Insurance Services Office, Inc.. with its permission. Copyright, Insurance Services Office, Inc., 1997 arj 1r' SEr?]i i n a,? cyyP, baJ:rno,l, it Sd'°:, C.:,;:o or CA 71 13 03 07 Pauof 6 EP (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The overage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are corn oleted. EMPLOYEE AS INSURED Under Paragraph A. of Section II — LIABILITY COV- ERAGE item f. is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "properly damage" on behalf of the persons or organizations added as insureds" under Section II — LIABILITY COVERAGE — A.1.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered "loss", we will pay up to S500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE cf SECTION III PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airaag. NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership. If the same model is not available bay the purchase price of the most similar model available; Pace 2c1G c. The market value of your damaged vehicle, not including any furnishings, carts or equip ment not installed by the manufacturer cr manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 Ibs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- iole is the smaller (or smallest) deduct- ible it will be waived: or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller for smallest) cleductihle; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means. a. Safecc Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas g• American States Preferred Insurance Company h. Safeco Insurance Company of Illinois LOAN/LEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE. the following is added: 4. The most we will pay for a total "less" in anyone "accident" is the greater of the following, subject to a $1,500 maximum limit: (5) a. Actual cash value of the damaged or stolen properly as of the time of the loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan nr lease that the damaged covered "auto" is subject to at the time of the "loss", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss ". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. Final payment due under a "Balloon Loan". (6) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) (8) (9) Security deposits not refunded by a lessor. All refunds payable or paid tc you as a result of the early termination of a lease agreement or any war ranty or extended service agree- ment on a covered "auto". Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PF-YSIOAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 '0 03 07 Page 3 or 6 EP "accident" applies only when the "accident" is known to: (1) Ycu, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer cr insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITICNS — B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Lnder Section IV — Business Conditions, Paragraph B.7.b.e(1) is replaced by the following: (1) The "accident" or "loss" results from the use cf an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive. Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages brovided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value cr Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Phy sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum cf $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless cf the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 Der day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on P,�;E 4 O( C Rental Reimbursement Coverage Form the manufacturer for the installation of a CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual cr data signals and that is not designed solely for the reproduction of sound. This ccverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" cr the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "less" to any accessories used with the electronic equipment descrined in paragraph A.1. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip ment Coverage form CA 99 60 cr CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does net apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGF COVERAGE, except for the exclusion relat- ing tc Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the sarre unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing cr replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will he made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equiament or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" cur obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Autc Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged cr stolen property will ne reduced ay a $1CC deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation tc pay for, repair, CA ;1 1 D 03 07 Paa,:: 3 of 6 EP return or replace damaged or stolen property will be reduced by a S1CO deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. SECTION V — DEFINITIONS is amended by adding the following: Q. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. Pare o of 6 WORKERS COMPENSATION AND EMPI OYFRS LIABILITY INSURANCE POLICY WC 99 04 10 (Ed 01-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments 7'rom anyone liable for an injury ccverec by this policy. We will not en`orce cur right against the person or organization named in the Schedule (This agreement applies only to the extert that yor. per=crm work tinder a written contract that requires you to obtain this agreement from i:s.) The additional premium tor this endorsement shall be 2 00 % of the Cali'orr•ia workers' ::ornpensatior prerrium otherwise due on such remureratior•. The minimum premium for this endcrsemert is $ 350.:CC _ Schedule Person or Organization ALL ORGANIZATIONS FOR WI -OM TI-E WAIVER OF SUBROGATION IS ISSUED Job Description ALL CALIFORNIA OPERATIONS Tiis endorsement changes the policy to which it s attached and is effective on the date issued unless otherw se stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12 / 01 / 08 Policy No. 2 210 0 018 6 7 - 0 81 Endorsement No. 1 •nsurcd BRG CONSULTING, INC. P•ernarnt S insurance Company Coolie' signed by Oak R ver insurance Company WC 99 04 10 (Ed 01-07) RESOLUTION NO. 2009 — 31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BRG CONSULTING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $135,729 TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND RELATED TECHNICAL STUDIES FOR A SPECIFIC PLAN AMENDMENT (APPLICANT: LIBRARY VILLAGE SOUTH, INC.) WHEREAS, the City desires to employ a consultant to provide environmental consulting services for an Environmental Impact Report and related technical studies for a Specific Plan Amendment; and WHEREAS, the City has determined that BRG Consulting, Inc., is an environmental consultant and is qualified by experience and ability to perform the services desired by the City, and BRG Consulting, Inc., is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the not -to -exceed amount of $135,729 with BRG Consulting, Inc., for an Environmental Impact Report and related technical studies for a Specific Plan Amendment. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of February, 2009. Ron Morrison,May ATTEST: Michael R. Dalla, 09ty Clerk APPROVED AS TO FORM: 22" George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 17, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i City erk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-31 of the City of National City, California, passed and adopted by the Council of said City on February 17, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 17, 2009 AGENDA ITEM NO. 10 ('EM TITLE Resolution of the City of National City Authorizing the Mayor to Execute an Agreement with BRG Consulting, Inc. in the Amount Not to Exceed $135,729 to Prepare an Environmental Impact Report and Related Technical Studies for an amendment to the Downtown Specific Plan (Case No. SP- 2005-3). (Applicant: Library Village South, Inc.) PREPARED BY DEPARTMENT Raymond Pe, Principal Planner (336-4421) ' Planning & Building EXPLANATION On December 6, 2005, Council initiated a specific plan amendment to realign the Downtown Specific Plan boundary by adding three half -blocks east of Roosevelt Avenue, south of Civic Center Drive, and north of 16th Street to the plan area. The applicant, Library Village South, Inc., owns most of the half block between 15th and 16th Streets and proposes to develop two multifamily residential projects totaling 45 units. On September 2, 2008, Council entered into a cost sharing agreement with the applicant for the environmental review of the specific plan amendment. The agreement would allocate approximately two-thirds of the environmental review costs to the City. The applicant has deposited $25,000 with the City as a condition precedent. Requests for proposals were sent to five environmental consulting firms, three of which responded with proposals. A staff selection committee reviewed and ranked the proposals, and the highest ranking firm, BRG Consulting, Inc., was interviewed. The committee negotiated a revised scope of work and budget with BRG Consulting, Inc., the preferred consultant. The not to exceed cost of $135,729 would be reduced to $89,899, if a Negative Declaration is determined to be appropriate for the project, and the City's share in this case would not exceed $59,933. Environmental Review The consultant agreement would initiate the environmental review for the project, which is subject to the California Environmental Quality Act. Financial Statement Approved By: Finance Director The City's share of costs, not to exceed $90,486, would be transferred from 511-445-468-213-0000 (Expert & Consultant Services) to 511-409-500-598-3215 (Downtown Specific Plan). STAFF RECOMMENDATION R4P Adopt the resolution and approve the contract for consultant services to prepare an Environmental Impact Report and related technical studies for the Specific Plan Amendment (Case No. SP-2005-3). BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Agreement 3. Map Resolution No: A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 February 19, 2009 Mr. Tim Gnibus BRG Consulting, Inc. 304 Ivy Street San Diego, CA 92101 Dear Mr. Gnibus, On February 17h, 2009, Resolution No. 2009-31 was passed and adopted by the City Council of the City of National City, authorizing execution of an agreement with BRG Consulting, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Building & Planning Department ® Recycled Paper