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HomeMy WebLinkAboutPLACEWORKSINSURANC[ ON FILE VVORK MAY PROCEED UNTIL INSURANCE EXI'IGRES CLERKCh1G UNOit. A-2018.283 DATEDEC � 1 20 FOR TO PROVIDE ENVIRONMENTAL SERVICES &� ' FOR THE GENERAL PLAN UPDATE �� 55 C, WTHIS AGREEMENT is made and entered into on this 20th day of November, 2018 by and between PlaceWorks, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. In August 2018, the City of Santa Ana requested proposals for technical studies and associated environmental documents required under the California Environmental Quality Act (CEQA) from the City's list of previously approved planning and environmental consulting firms previously submitted to the City Council in October 2017. A City staff Interagency Proposal Review Team (Planning Division and Public Works Agency) was created and reviewed four submitted proposals. B. Consultant submitted a responsive proposal evaluated on experience, proposal responsiveness, experience with Santa Ana, proposed work plan, thoroughness, staffing, and budget. The Consultant was selected to provide the required services because their experience with preparing environmental documents for comprehensive general plan updates allowed them to create a scope of work that best addressed the City's needs. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services Page 1 of 10 for City, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed $607,884 during the term of this Agreement, including any extension periods as detailed below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a two (2) year term until November 19, 2020, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts Page 3 of 10 provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 10 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Page 5 of 10 To Consultant: Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5897 P1aceWorks, Inc. Attn: Contracts Manager 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Fax: 714-966-9221 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement Page 6of10 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 10 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL MINH THAI Executive Director Planning and Building Agency CITY OF SANTA ANA RAUL GODINYZ II City Manager CONSULTANT By: L-Jillimm i—cL ti Title: Pr -in e pau Page 8 of 10 EXHIBIT A SCOPE OF SERVICES Page 9 of 10 SCOPE OF SERVICES City of Santa Ana General Plan Update EIR and Technical Studies Updated 10/17/18 TASK 1. TECHNICAL STUDIES FOR THE GENERAL PLAN UPDATE The City is requesting specific studies and plans to be completed as part of the General Plan Update. Additionally, other technical components of the General Plan will require updating, such as preparation of a new noise contour map. All work will meet the standards for technical supporting documents for a General Plan and Environmental Impact Report. Per the RFP, specific studies and plans that the City is requesting are: • Traffic Analysis • Air Quality/GHGAnalysis • Cultural Heritage Resource Study • Noise Analysis • Hydrology, Water Quality, and Infrastructure • Potable Water and Sanitary Sewer • Service Level Study for Fire and Police • Geology, Soils, and Natural Hazards • Biological Resources The following details our scope for preparing these technical studies 1.1 Traffic Analysis IBI Group will evaluate existing and forecast future traffic conditions for designated study intersections and study roadway segments for the General Plan update. IBI's ongoing work for the Circulation Element presents an opportunity for efficiencies in effort and cost associated with the data collection and existing conditions analysis. The traffic analysis scope assumes that the traffic impact study will include level of service analyses for both intersections and roadways, consistent with the City's current traffic Impact analysis guidelines. We have also included in the scope an analysis of vehicle miles traveled (VMT) to provide consistency with the requirements of SB 743. Project Kick-off IBI Group staff will attend a project kick-off meeting at Santa Ana City Hall. This meeting will allow the IBI Group team to learn more about the land use changes proposed as part of the General Plan update and to meet the consultants selected by the City to prepare other technical studies. Meetings IBI Group will attend project update meetings during the term of the contract as requested by the City. For budgeting purposes, IBI Group has assumed attendance at up to six in-person meetings with City staff and an additional six conference -call meetings. Additional meetings would be conducted on a time -and -materials basis. 181 Group staff will attend one Planning Commission meeting or study session, one Planning Commission hearing, and one City Council hearing. October 17, 2018 Page 1 Analysis for Existing Traffic Conditions After obtaining the pertinent traffic data, the level of service (LOS) of traffic operations at study intersections and roadway segments will be analyzed for the existing conditions and existing -with -project conditions. The LOS analysis for both intersections and roadway segments will be performed in accordance with City guidelines. IBI Group has assumed that this work scope and analysis would be initiated following City adoption of new VMT thresholds and analysis procedures, which would reduce or eliminate the intersection LOS analysis required for the EIR. Instead, intersection analysis would be focused on areas with greater forecast land use changes to facilitate city planning for roadway improvements as part of the city's traffic fee program. Based on this assumption, IBI Group has scoped to analyze up to 40 study intersections and 60 study roadway segments for this analysis. For purposes of the development of the scope of work and budget for the traffic study, data collection has been assumed to be needed on up to 50 roadway segments (24-hour traffic counts) and 30 intersections (2 -hour AM and 2 - hour PM peak period turning movement counts) for the typical weekday. It Is assumed that some of the traffic count data from the Circulation Element work can be reused. IBI Group will work with City staff to determine specifically when and where new counts should be completed, as well as the availability of count data for other locations to be included in the analysis. IBI Group will also develop estimates of VMT based on existing land uses. This effort will be developed in part using the OCTA or SCAG regional travel demand models. At the outset of the assignment, IBI Group will work with the city and OCTA to determine the most appropriate model to use for developing VMT forecasts. As part of the VMT analysis, daily VMT forecasts will be developed for the existing -no -project conditions. The Existing Conditions Analysis will be conducted for the No Project, With Project, and Modified Project Alternative scenarios. Forecast Buildout Traffic Volumes and Circulation Using the land use forecasts for General Plan buildout conditions provided by the City, IBI Group will develop future traffic forecasts for the city's roadway network. Future traffic forecasts will be developed using the latest available version of the OCTA regional model, in coordination with OCTA staff. IBI Group will provide model inputs for new socio- economic data that would correspond to the planned land use changes in order for OCTA to conduct model runs. The model forecasts will be used to generate traffic volume forecasts along major roadways within the study area and to identify changes to VMT for trips generated within the city for use in the environmental review. We have assumed that all modeling efforts will be completed using OCTAM 4.0, OCTA's regional travel demand model and that modeling will be completed by OCTA. Should OCTA decline to conduct model runs and require IBI to conduct the modeling effort, revisions to this scope and the associated budget would be required to account for this effort. This scope of work also does not assume the development of a city -specific travel demand model as part of this effort. All modeling efforts will be conducted using OCTAM. It is assumed that the following land use and roadway network scenarios would be modeled for the traffic study: • Year 2040 No Project— Existing General Plan/Socio-Economic Forecasts • Year 2040 With Project • Year 2040 With Modified Project Alternative This task will involve a complete description of the proposed land use changes in the General Plan for the Project and Modified Project Alternative, including any special transportation needs or considerations. The anticipated land use October 17, 2018 Page 2 changes will be used to develop socio-economic data forecasts to incorporate into the OCTA model to develop project trip generation forecasts for the weekday peak hour and daily trip volumes. The model forecasts will be used to account for mode split and interaction between adjacent land uses. For both alternatives, IBI Group will post -process forecast intersection volumes using a procedure based on the Transportation Research Board methodology to generate forecast turning movements at intersections. Post -processing refines the model link level forecasts to produce reasonable turning movement volumes at the intersections. VMT forecasts for the General Plan buildout condition and no -project buildout condition will be developed using the OCTA regional model. IBI Group will also provide PlaceWorks with the socio-economic data from the model used in the development of the traffic and VMT forecasts for TAZs in the City of Santa Ana. If the information is available from the regional model, IBI Group will also provide fleet mix for the VMT results. Analysis for Future Forecast Traffic Conditions After obtaining the pertinent traffic data, the level of service (LOS) of traffic operations at the 40 study intersections and 60 roadway segments will be analyzed for the buildout traffic condition. The peak hour and daily volumes, lane configurations, and controls will be presented graphically in the study report. The results of a level of service analysis based on existing lane geometry and peak hour volumes for the existing -no -project and existing -with -project conditions will be tabulated in the report. Intersection analysis will be conducted using the ICU methodology for intersections under City jurisdiction. The appropriate methodology for other agency intersections (e.g., Caltrans) will conform to those agencies' requirements. This scope of work does not assume analysis of future traffic conditions on Caltrans -operated freeway segments. Should Caltrans identify the need to analyze traffic conditions for freeway segments within or near the vicinity of Santa Ana, this scope and budget would need to be amended to incorporate this work effort. Traffic volumes for the three analysis scenarios identified above will be forecast for buildout year analysis. The future peak hour and daily volumes will be presented graphically, and the results of the level of service analysis will be tabulated in the report. Locations, if any, where the project is forecast to create significant impacts will be identified based on the appropriate agency's thresholds. At locations with identified significant impacts, IBI Group will identify specific mitigation measures to address these impacts. The intersections will be field reviewed to verify the preliminary feasibility of the proposed mitigation measures, and the resulting level of service at the impacted locations will be quantified in the report. VMT forecasts developed using the OCTA model will be analyzed consistent with OPR guidelines and any established City of Santa Ana VMT analysis guidelines. Administrative Draft Traffic Study IBI Group will prepare an administrative draft of the traffic study that will be submitted to the City for review and comment. Fallowing receipt of comments from City staff, IBI Group will revise the document. Draft Traffic Study The draft traffic study will incorporate comments received from the City on the administrative draft and will be the draft document issued for the 45 -day public review as part of the Draft EIR. October 17, 2018 Page 3 Final Traffic Study Following the completion of the 45 -day EIR review period, IBI Group will assist PlaceWorks In reviewing and responding to public and agency comments received on the Draft EIR. IBI Group has assumed up to five hours for preparing responses to comments. IBI Group will also incorporate any updates, additions, or refinements to the traffic study for inclusion in the Final EIR. Deliverable(s): 5 hard -copy administrative drafts of the Traffic Impact Analysis Technical Report 1 hard -copy final draft (and electronic version) - 1 electronic file, as noted in the RFP, of final public technical report. GIS shapeflles for all mapping to be included as applicable 1.2 Air Quality/GHG Analysis PlaceWorks will prepare an air quality and greenhouse gas (GHG) emissions analysis for the City of Santa Ana General Plan Update and EIR. The analysis will be based on the current methodology of the South Coast Air Quality Management District (SCAQMD) for projects in the South Coast Air Basin (SoCAB). The results of the technical analyses described below will be compiled into the EIR, and model outputs will be included as an appendix. Communitywide Emissions Inventories and Forecasts (Existing and General Plan Buildout) PlaceWorks' will estimate existing and future community -wide criteria air pollutant and GHG emissions associated with the proposed General Plan Update. The prepared inventory will be consistent with ICLEI's U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions (2012) for the following sectors. On -Road Transportation. Buildout of the General Plan would generate criteria air pollutant and GHG emissions from an anticipated increase in trips and VMT by passenger vehicles and trucks. VMT will be modeled using the California Air Resources Board's (CARB) latest emissions factor model (EMFAC) based on data provided by IBI Group. • Energy. Buildings in the City consume electricity and natural gas. Activity data provided by Southern California Edison (SCE) and the Southern California Gas Company (SoCal Gas) will be used to compile the criteria air pollutant and GHG emissions inventory. GHG emissions from electricity use will be based on the latest carbon intensity available from SCE. • Water Use/Wastewater Generation. Electricity is used to transport and treat water for indoor and outdoor purposes. Additionally, treatment of wastewater generates fugitive GHG emissions. GHG emissions from this sector will be based on data available from the Santa Ana Water Utility (e.g., urban water management plan). • Solid Waste Disposal. Disposal of municipal solid waste generates indirect GHG emissions from decomposition of organic materials. This sector will be based on data available from CalRecycle for the City of Santa Ana and modeled using CARB's latest landfill gas model. • Other Applicable Sources. Use of off-road equipment in the City, such as in construction activities, also generates criteria air pollutant and GHG emission. Potential regional localized air quality impacts from construction activities associated with implementation of the General Plan will be described qualitatively. An emissions inventory will be generated from the existing inventory of land uses on the ground and future buildout statistics generated for the proposed land use plan at the General Plan Horizon year. PlaceWorks will use the recent emissions inventory compiled for the Climate Action Plan (CAP) to obtain activity data for the baseline emissions inventory year, to the extent practicable. Because activity data may be outdated for the CEQA baseline, PlaceWorks will October 17, 2018 Page 4 coordinate with the City's water utility and other utility providers (e.g., SCE and SoCal Gas) to establish the baseline emissions inventory. The City's 2015 CAP identified that the City would re -inventory GHG emissions for year 2017 in year 2018. If this has not been initiated, PlaceWorks will compile the CEQA baseline emissions inventory so that it can be readily used by the City for the CAP monitoring. Air Quality Management Plan Consistency The SoCAB is designated in nonattainment of the National and/or California ambient air quality standards for ozone, nitrogen dioxide, and particulate matter (PMio and PM2.5). The project's regional emissions will be evaluated for consistency with SCAQMD's air quality management plan. The air quality impact analysis will also describe land uses in the City that have the potential to generate nuisance odors. Buffer distances and/or control measures for sources listed in the SCAQMD's guidelines will be incorporated. Consistency with GHG Reduction Plans The E I R will include a discussion of the GHG reduction targets of Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), SB 375, and Executive Order 5-03-05. The GHG impact analysis will identify GHG emissions from buildout of the General Plan Update. CARB has adopted the 2017 Scoping Plan Update to address the state's GHG reduction targets under AB 32 and SB 32. Project consistency with the Southern California Association of Governments' (SCAG) 2016 Regional Transportation Plan/Sustainable Communities Strategy will also be reviewed, in accordance with CEQA requirements. The GHG section in the EIR will discuss the City's commitment to reducing GHG emissions in accordance with the GHG reduction goals of AB 32, SB 32, SB 375, and Executive Order 5-03-05. The City of Santa Ana adopted its CAP in December 2015. The CAP identifies GHG measures to achieve a 15 percent reduction in GHG emissions by 2020 and a nearly 30 percent reduction in GHG emissions by 2035. Since the City adopted its CAP, the state has adopted an even more aggressive legislative target for year 2030. If the proposed General Plan policies are available at the time of the analysis, the consistency analysis will identify potential General Plan policies being proposed that align local GHG policies with the state. Meetings PlaceWorks Air Quality and Green House Gas technical staff will attend, as appropriate, the following meetings and public hearings: Kick-off meeting 3 progress meetings/conference calls with City Staff 1 Planning Commission General Plan & Zoning subcommittee meeting or study session 1 Planning Commission hearing • 1 City Council hearing Additional meeting attendance by PlaceWorks will be billed on a time -and -materials basis in accordance with the hourly rates for the personnel involved. Deliverable(s): 5 hard -copy administrative drafts of the Air Quality Analysis Technical Report - 1 hard -copy final draft (and electronic version) -- 1 electronic file, as noted in the RFP, of final public technical report. 1.3 Cultural Resources Analysis Chattel will prepare a Cultural Heritage Resource Report (CHRR) in support of the City of Santa Ana (City) General Plan Update Programmatic Environmental Impact Report (PEIR). The CHRR will provide the underlying evidence for the October 17, 2018 Page 5 record for the Cultural Resources analysis in the PEIR. The CHRR will address historical resources (built environment, archaeological, and Native American) and paleontological resources. Chattel's architectural historians, historians, and planners will prepare the sections of the report that will deal with the built environment and will also integrate the archaeological and paleontological studies that will be prepared by specialists in these disciplines into the CHRR. The CHRR will characterize existing conditions with respect to the current regulatory environment; historical, archaeological, and paleontological contexts; and known cultural resources. The General Plan Update will be reviewed to identify potential environmental consequences with respect to cultural resources. Avoidance and mitigation measures will be recommended for any potential substantial adverse impacts to these resources, bearing in mind the City's goal of making the General Plan Update self -mitigating. This scope of services explicitly excludes support for the development of the City's new Historic Preservation Element. It is also assumed that the City will undertake compliance with SB 18 and AB 52 and that any support for such compliance would be an addition to the specified scope of work and associated budget. • Project Initiation and Background Research. Chattel will attend a PEIR team project initiation meeting and will prepare a data needs request to be submitted to the City. Background information gathering will include built environment records searches utilizing a variety of sources: — A records search conducted at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton; — Listings in the most recently issued Historic Property Data File (also known as the Historic Resources Inventory) maintained by the State Office of Historic Preservation; The Santa Ana Register of Historical Properties; Other designations that may not be included in the above sources (e.g., recent National Register of Historic Places listings); Results of historic resources surveys of Santa Ana neighborhoods, including (as available) those performed In conjunction with Environmental Impact Reports and other studies; and Other resources that may emerge as a result of research efforts. The results of the built environment records searches will be tabulated and incorporated into a data base. Additional research will be performed in order to prepare a brief historical overview of the development of the City. • Cultural Heritage Resource Report. Chattel will prepare the Cultural Heritage Resource Report, which will include Chattel's built environment technical analysis and will integrate the separately prepared archaeological and paleontological studies (see below). The CHRR will include: Project description and location; — Regulatory framework; Characterization of built environment historical resources, including abbreviated historical narrative and description and tabulation of known resources; Characterization of archaeological and Native American resources, including relevant contexts and chronologies and results of records searches at SCCIC and with the Native American Heritage Commission (NAHC); Characterization of paleontological resources, including relevant geology, chronology, and results of records searches; Identification and analysis of potential impacts to cultural resources; Recommended avoidance and mitigation measures; — Sources; Qualifications of Preparers; and — Appendix (to incorporate relevant correspondence and other items as appropriate). October 17, 2018 Page 6 Chattel will edit, format, and produce three electronic iterations of the CHRR. The draft CHRR will be submitted to the team for review and comment. The screencheck CHRR will integrate comments and corrections. The final CHRR is intended to be included in the PEIR as an appendix and will provide the information necessary for PlaceWorks to prepare the Cultural Resources sections of the PEIR. • Reviews of PEIR and Responses to Comments. Chattel will review the draft PEIR with respect to the Cultural Resources section, the analysis of potential impacts to cultural resources, and the analysis of alternatives and will provide comments to the team. Chattel will also review the draft Responses to Comments on the PEIR that address cultural resources. It is assumed that both these documents, the PEIR and the Responses to Comments, will be prepared by PlaceWorks. • Meetings and Hearings. This task includes attendance by the Chattel Project Manager (Principal Associate) at three public hearings and two team meetings (three hours per meeting are allocated) and attendance by the Principal (Project Architect) at one meeting or hearing. Archaeological and Paleontological Studies Chattel will subcontract these studies to qualified archaeologists and paleontologists. The archaeological and paleontological studies will characterize the City's cultural heritage based on desktop records searches and existing understandings of relevant chronologies and geology. Records searches at SCCIC, NAHC, and the appropriate natural history museum will be performed. Each study will discuss existing conditions, regulatory environment, potential project impacts, and recommended mitigation. Deliverable(s): Records searches (the cost of the records search for SCCIC and the natural history museum is estimated to cost between $1,000 and $2,000). 5 hard -copy administrative drafts of the Cultural Heritage Resource Report 1 hard -copy final draft (and electronic version) 1 set of electronic files, as noted in the RFP, of final public Cultural Heritage Resource Report 1.4 Noise Analysis PlaceWorks will prepare noise and vibration technical analyses to evaluate potential impacts associated with the General Plan Update. This task will follow the City's completion of the Land Use Visioning and the associated Policy Framework. The assessment of impacts will be based on federal, state, and local ordinances, policies, and threshold standards, including those in the City of Santa Ana's updated General Plan Noise Element and Municipal Code. We understand that the EIR for the General Plan Update will be programmatic and that it will be focused on identifying the impacts on sensitive land uses from the comprehensive update of the General Plan. To support the City's compilation of the GPU EIR documentation, PlaceWorks staff will prepare a thorough Noise and Vibration Technical Study. Existing Conditions We will use our extensive experience and knowledge of the City of Santa Ana to identify the predominant sources of environmental noise, including vehicular traffic, rail traffic, aircraft operations, and stationary sources at existing land uses in the study area. To document existing ambient noise conditions, a field measurement survey will be conducted. The ambient noise measurement survey will consist of 15 short-term (15 -minute) locations and 5 long-term (48-hour) noise monitoring locations within the City. These locations will be selected by PlaceWorks, in coordination with City staff, and will take into consideration the major roadways and highways in the planning area. Major rail lines will also be investigated, as well as airport/heliport facilities (primarily John Wayne/Orange County Airport (SNA); just outside October 17, 2018 Page 7 the City limits). The field data will establish the baseline existing noise environment and will be used to validate the traffic and modeling conducted for the EIR. Construction Noise and Vibration Assessment Construction impacts with implementation of the project will be evaluated at a programmatic level for the General Plan. Future noise and vibration effects from construction activities will be discussed in terms of industry -standard analysis techniques (such as from the U.S. Federal Transit Administration) and using programmatic guidelines regarding typical scheduling, equipment mix, hauling, and truck trips for expected development. Feasible mitigation measures will be identified to minimize future construction -related impacts in the study area. Long -Term Operational Impacts An evaluation of long-term noise and vibration impacts from the operation of the proposed uses will be provided based on the proposed land use designations and future anticipated transportation improvements for the area. Future roadway-, railway-, and airway -related noise in the City will be analyzed. As with the existing conditions, future roadway -related conditions will be assessed using a version of the U.S. Federal Highway Administration Traffic Noise Model. The resulting noise level contours will rely on General Plan buildout traffic forecasts provided by IBI Group. The noise analysis will identify areas along roadway segments that would be exposed to noise level increases above the City's impact criteria. Existing and Future Noise Contour Map To graphically summarize the overall, existing and future community noise environments throughout the city, a comprehensive noise level contour map will be generated by PlaceWorks technical and GIS staff. This future conditions map will included noise levels associated with the major roadways and railways in (or near) the city as well as pertinent portions of the SNA noise levels (primarily affecting the SR -55 corridor, west of Red Hill Avenue). For rail- and aircraft - related future noise conditions, we will use published information sources concerning projected changes in rail movements and aircraft operations. Stationary Noise Impacts Noise impacts from nontransportation sources such as major commercial/light-industrial uses will be discussed in terms of potential impacts to nearby noise -sensitive receptors. Other, nontransportation noise sources in the City (such as such as HVAC units, maintenance activities, and periodic truck movements) are expected to be of secondary importance to the traffic -related impacts, and these other sources will be discussed qualitatively. Future noise environments will be discussed for the proposed uses in the plan area, and noise mitigation (include a supplemental recommendations for self -mitigating Noise Element policies) will be provided to reduce potential impacts to future sensitive land uses related to noise, if applicable. Noise and Vibration Technical Study The results of the technical analyses described above will be compiled into the Noise and Vibration Technical Study to be used in the General Plan Update EIR. Pertinent calculation/modeling details will be provided in an appendix. PlaceWorks has included up to eight hours to address comments from the City on the draft technical study report. Meetings PlaceWorks noise and vibration technical staff will attend, as appropriate, the following meetings and public hearings: Kick-off meeting 3 progress meetings/conference calls with City Staff October 17, 2018 Page 8 • 1 Planning Commission General Plan & Zoning subcommittee meeting or study session 1 Planning Commission hearing 1 City Council hearing Additional meeting attendance by PlaceWorks will be billed on a time -and -materials basis in accordance with the hourly rates for the personnel involved. Deliverable(s): -- 5 hard -copy administrative drafts of the Noise and Vibration Impact Technical Report 1 hard -copy final draft (and electronic version) - 1 set of electronic files, as noted in the RFP, of final public technical report, including GIS shapefiles of future noise contour mapping work products 1.5 Hydrology, Water Quality, and Infrastructure Fuscoe Engineering will request, obtain, and review the most current storm drain master plan covering the City of Santa Ana as well as Orange County Flood Control District (OCFCD) master plans or regional studies (Le., Specific Plans) covering the City of Santa Ana. Fuscoe will obtain and review Capital Improvement Project priorities and budgets, including any planned local or regional storm drain capital improvement projects. An evaluation of the existing storm drain infrastructure in the city and accompanying master plans will be conducted to determine overall adequacy and consistency to meet the current General Plan buildout conditions. The most current capital improvement project priorities in the city for storm drain Improvements will also be evaluated, and a summary of improvements made over the past five years will be included in the report. Fuscoe will also evaluate the effectiveness of such improvements to support future land use changes. A brief summary will be included of the City's compliance efforts for the local MS4 Stormwater Program, including any policies or objectives for water quality improvement. The report will summarize the existing conditions status and include GIS -based exhibits showing the existing storm drain system, watershed designations, OCFCD flood control facilities, and any regional water quality BMPs. Upon receipt of the preferred land use plan and maximum buildout conditions, Fuscoe will evaluate the impact of the full buildout conditions on the local storm drain system and will work with the City's Public Works Department to determine necessary infrastructure improvements to support the future land uses. Any long-term OCFCD improvements that would positively impact local drainage conditions will be identified. Based on local soil conditions, Fuscoe will identify the most suitable water quality BMPs for future redevelopment projects. Fuscoe will also assist with the analysis and feasibility of proposing multibenefit capital improvement plans and specific projects that converge storm water/watershed, parks, and streets projects to promote regional and localized stormwater capture and infiltration/reuse consistent with local watershed improvement goals. The report will analyze the CEQA thresholds (Appendix G) plus any additional required thresholds from the City of Santa Ana related to hydrology and water quality. Fuscoe will also attend meetings and participate in conference calls with City staff and team members to resolve technical issues, and will assist PlaceWorks with qualitative support for land use alternatives as requested, Fuscoe will provide technical responses to comments from City staff on the administrative draft EIR and to Draft EIR comments from the public, as needed. The budget assumes up to 20 hours for meetings, hearings, responses to comments, and alternatives analysis. October 17, 2018 Page Deliverable(s): — 5 hard -copy administrative drafts of the Hydrology, Water Quality, and Infrastructure Report 1 hard -copy final draft (and electronic version) — 1 set of electronic files, as noted in the RFP, of the final public technical report 1.6 Potable Water and Sanitary Sewer Fuscoe will request, obtain, and review the most current water and sewer master plans covering the city, including the 2015 Urban Water Management Plan. Relevant regional or master plan documentation from Orange County Water District and Orange County Sanitation District will also be obtained. Capital improvement project priorities and budgets will be obtained and reviewed, including any planned regional water and sewer system improvements by the City or loca I agencies. Fuscoe will evaluate the existing water and sewer infrastructure systems in the city and accompanying master plans to determine overall adequacy and consistency to meet the current General Plan buildout conditions. The report will evaluate the most current capital improvement project priorities in the city for water and sewer improvements and summarize improvements made over the past five years. Fuscoe will request peak flows from key OCSD trunk lines to determine capacity in the regional sewer trunk lines serving the City. A summary of the existing conditions status will be in the report, which will incorporate GIS -based exhibits showing water and sewer systems, including any OCSD trunk lines. Upon receipt of the preferred land use plan and maximum buildout conditions, Fuscoe will evaluate the impact of the full buildout of the land uses changes on the water and sewer systems. Fuscoe will calculate changes in water and sewer demands based on a locally accepted generation factors to identify peak sewer and water demands over existing conditions and current General Plan maximum buildout conditions. Fuscoe will also work with the City Public Works and Utilities department staff to determine necessary infrastructure improvements to support the future land uses. The work will be coordinated with OCSD to ensure the proposed land uses are compatible with OCSD's trunk line capacities. The report will include CEOA-level impact analyses for all thresholds related to water and sewer. The report will identify City-wide policies and strategies for reducing water demands, increasing water conservation, and promoting water reuse policies consistent with local health care agency guidelines. Fuscoe assumes that the City will provide hydraulic modeling of the City's sewer and water systems, if applicable, although this is not anticipated for the General Plan Update. Fuscoe will also attend meetings and participate in conference calls with City staff and team members to resolve technical issues and will assist PlaceWorks with qualitative support for land use alternatives as requested. Fuscoe will provide technical responses to comments from City staff on the administrative draft EIR and comments from the public on the draft EIR, as needed. The budget assumes up to 20 hours for meetings, hearings, responses to comments, and alternatives analysis. Deliverable(s): — 5 hard -copy administrative drafts of the Potable Water and Sanitary Sewer Analysis Report — 1 hard -copy final draft (and electronic version) -- 1 set of electronic files, as noted in the RFP, of final public technical report October 17, 2018 Page 10 1.7 Fire and Police The City's RFP requested a service level study for Fire and Police to support the General Plan update and the EIR. The description included a comprehensive review of existing levels of service, response times, and goals, in addition to identifying changes required to accommodate future growth. The RFP also requested that the study identify what changes, if any, are needed to meet current standards (as a baseline) as well as examine changes in standards that could be considered If those changes cannot be implemented. PlaceWorks originally teamed with Matrix Consulting to conduct a comprehensive study to respond to the RFP. Pursuant to subsequent discussions with the City, our scope of work and cost estimate has been revised and is now limited to conducting the analysis of fire and police services as necessary to prepare a defensible, programmatic General Plan Update EIR for services. PlaceWorks environmental team will conduct this analysis, and the fees for the analysis ($5,200) have been incorporated into PlaceWorks' Task 2.4, Administrative Draft EIR. PlaceWorks' will coordinate with the City's police department and Orange County Fire Authority (OCFA) to document existing facilities, resources, service standards, and basic funding mechanisms for services. Together with the police department and OCFA, and based on the standards and growth anticipated for the buildout of the proposed General Plan, the analysis will evaluate additional personnel and facilities needed to achieve desired service levels. Note that this information will be largely reliant upon survey requests and cooperation from the respective departments. 1.8 Geology, Soils, and Natural Hazards PlaceWorks will define the existing geologic, soils, and groundwater characteristics in the city, identify regional seismic influences, and note and explain the characteristics of any areas with constraints to site development. Based on the proposed General Plan Update, an analysis of project impacts will be conducted. Mitigation measures known to be successful in addressing the various geotechnical constraints affecting proposed development areas will be defined, including reference to existing geological and soils tests and plan checking requirements administered by the City of Santa Ana. PlaceWorks will: • Research and review readily available geotechnical reports and maps of the study area. • Review in detail the available geotechnical report(s) and land use plan. • Review readily available fault hazard studies and earthquake records to evaluate site seismicity. • Review readily available groundwater data. Deliverable(s): — 5 hard -copy administrative drafts of the Geology, Soils, and Natural Hazards Analysis Technical Report 1 hard -copy final draft (and electronic version) — 1 set of electronic files of final public technical report, including GIS shapefiles of future noise contour mapping work products. 1.9 Biological Resources Carlson Strategic Land Solutions (SLS) will: • Identify Parcels Considered Open Space. The city's current inventory shows approximately 68 parcels totaling 688 acres of park and open space. The first task is to confirm this inventory and ensure consistency between the land use designations and the open space inventory. • inventory of Open Space. A field biologist will survey all open space parcels using aerial imagery and visit only the parcels where further investigation is necessary. The inventory will include a general mapping of vegetation types and any noted biological resources, such as drainages. October 17, 2018 Page 11 • Inventory Graphics. SLS will prepare a GIS -based graphic of the open space parcels on base maps provided by the City. The mapping will identify the parcel, and general vegetation mapping will be provided by color. Any other noted biological resources will be recorded on the graphics. The graphics will also confirm the size of each open space parcel. • Biological Memorandum. A descriptive summary of each open space parcel will be provided. The summary will generally describe the biological resources on each parcel. October 17, 2018 Page 12 • Calculate Biological Impacts (Optional). If any impacts to biological resources are anticipated from changes in land use designation or other improvements identified in the General Plan Update, those impacts would be reported. • Meetings and Coordination. This task assumes attendance at a kick-off meeting, and participation in conference calls, as needed. Deliverable(s): 5 hard -copy administrative drafts of the Biological Resources Report — 1 hard -copy final draft (and electronic version) 1 set of electronic files of final public technical report, including GIS shapefiles of vegetation mapping. TASK 2. ENVIRONMENTAL DOCUMENTATION (PROGRAM EIR) PlaceWorks will prepare environmental documentation in accordance with CEOA, including the production of a program level EIR. The EIR will discuss environmental effects in relation to their severity and probability of occurrence. It will identify mitigation measures, as necessary, that are appropriate to a program -level EIR to minimize the significant effects of the recommended General Plan and will include an analysis of alternatives. 2.1 Project Initiation PlaceWorks will review available materials and reports (i.e., proposed General Plan Update), and our PM and assistant PM will attend one project initiation meeting at the City to discuss the proposed project and confirm the project approach, scope, and schedule. This discussion should include known issues and opportunities observed by the project team. At this meeting, we will also ask City staff for their insight regarding the history of the project site and potential environmental issues and controversies. Protocol will also be established regarding the communication between City staff, PlaceWorks, and technical consultants. Deliverable(s): ­ Attendance atone meeting (PM and assistant PM) 2.2 Preparation of Project Description A detailed project description will be prepared and distributed. The project description will include text detailing the project characteristics, land use summary tables, statistical tables comparing the existing General Plan to the proposed changes, and figures to depict the proposed land use changes. The project description will set the framework to limit environmental analysis to the incremental impacts resulting from changes between the adopted General Plan and proposed update. Figures will be included to highlight the areas affected. The project description will also include project objectives and required discretionary approvals. Deliverable(s): --- Electronic copies of the Project Description in Microsoft Word and PDF. -- 50 hard copies of the Project Description. 2.3. Notice of Preparation and Scoping Meeting 2.3.1 Notice of Preparation The City has determined that a full -scope EIR is required, so an Initial Study is not scoped under this task. PlaceWorks will prepare the draft Notice of Preparation (NOP) and submit it to the City for review and approval. The NOP will clearly identify the time period, contact person, and address established for submitting responses. After approval, PlaceWorks will distribute the NOP and Detailed Project Description to the State Clearinghouse, Orange County Clerk, state and local agencies, and other special Interest groups or individuals. October 17, 2018 Page 13 2.3.2 Scoping Meeting PlaceWorks will assist the City in organizing and conducting one public scoping meeting to present the preliminary environmental issues of the General Plan Update and to solicit comments regarding the scope and content of the environmental issues to be addressed in the EIR. We will prepare a PowerPoint presentation for the meeting to be reviewed by the City prior to finalization. The scoping meeting will be held during the 30 -day NOP commenting period. At the meeting, we will be prepared to discuss the environmental review process and to answer specific questions, as desired by the City. After the meeting, we will prepare a summary of comments that will be included in the EIR, with reference to where each comment is addressed or an explanation for why it is not addressed (e.g., not an environmental issue). Deliverable(s): — 1 electronic copy of the NOP in Microsoft Word and PDF. The PDF will be indexed and searchable 1 electronic copy of the NOC in Microsoft Word and PDF. The PDF will be indexed and searchable 50 hard copies of the NOP and NOC — Attendance at scoping meeting (PM and assistant PM) and preparation of meeting materials (comment cards, sign -in sheet, PowerPoint presentation, etc.) TASK 2.4. Prepare Screencheck Administrative Draft EIR An EIR will be prepared for the proposed General Plan Update. It will include the following sections in accordance with the CEQA Guidelines: • Executive Summary • Introduction • Cumulative Impacts • Consideration of Significant Effects • Project Description • Project Alternatives • Environmental Setting • Other CEQA-Mandated Sections • Discussion of Existing Conditions, Environmental Analysis, • Organizations and Persons Consulted and Mitigation Measures Each topical section of the document will: (a) describe existing environmental conditions and pertinent regulatory policies and programs that apply to this project, (b) define the criteria by which impacts will be determined to be significant, (c) determine the environmental changes that would result from the project, (d) evaluate the significance of those changes with respect to the impact significance criteria (thresholds), (e) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and (f) provide a conclusion as to whether significant impacts would remain, even after successful implementation of recommended mitigation measures. Each section will be supplemented with applicable GIS -based graphics to enhance the analysis and clarify the project's environmental impacts. Topical Sections. As indicated above, it is anticipated that all CEQA topical sections and impact thresholds will be addressed in the EIR. Analysis and findings of technical studies listed under Task 1 will be incorporated. Complete technical studies and/or supporting modeling information will be included In the EIR appendices. • Aesthetics. The aesthetics analysis will address the General Plan Updates' potential effect on scenic vistas, visual and community character and quality, and lighting/glare. Development standards from the General Plan Update will be helpful in portraying the visual impacts of the proposed update. This section of the EIR will also review applicable visual -related policies. October 17, 2018 Page 14 • Agriculture and Forestry Resources. eased on the Department of Conservation's California Important Farmland Finder and Orange County's Williamson Act Map, the General Plan area does not have any prime farmland, farmland of statewide importance, or unique farmland, and also does not have any Williamson Act contract lands. Therefore, an individual Agriculture and Forestry Resources section is not required. The Impact thresholds will be closed out In Chapter 8, Impacts Found Not to Be Significant, of the EIR. • Air Quality. An air quality/GHG analysis will be prepared by our in-house technical specialists (see task 1.2). Findings and mitigation measures, if needed, from the air quality study will be integrated into the EIR section and will include an assessment of consistency with the SCAQMD Air Quality Management Plan, quantified emissions for construction and operational criteria pollutants, and evaluation of potential air quality impacts. • Biological Resources. A biological resources report will be prepared by Peter Carlson (see task 1.9). Findings from the biological resources report will be summarized in this section to determine whether the project would have any impact on sensitive species and habitat, jurisdictional resources, and wildlife corridors. • Cultural Resources. As detailed in task 1.3, a cultural resources report will be prepared by the Chatelle. Historical, archeological, paleontological, and tribal cultural resources will be summarized in this section of the EIR. Mitigation measures provided within the cultural resources report will also be integrated in the EIR as necessary. • Geology and Soils. A geotechnical, soils, and natural hazards report will be prepared by our in-house technical specialist (see task 1.8). Upon City approval, this section will summarize the findings, defining the existing geologic, soils, and groundwater characteristics onsite; identifying regional seismic influences; and explaining the characteristics of any areas with constraints to site development. Mitigation measures identified in the geotechnical, soils, and natural hazards report will be integrated into the EIR. • Greenhouse Gas Emissions. Our in-house technical specialists (see task 1.2) will prepare an air quality/GHG analysis, and findings will be integrated into the EIR section. General Plan—related GHG emissions will be quantified, and project consistency with statewide GHG emissions reduction strategies will also be summarized. Mitigation measures from the AQ/GHG analysis will be incorporated, as necessary, to reduce potentially significant GHG impacts. • Hazards and Hazardous Materials. This section will evaluate the potential impacts of the proposed General Plan Update on human health and the environment due to exposure to hazardous materials or conditions. Impacts and appropriate mitigation measures or standard conditions will be included as necessary. • Hydrology and Water Quality. A Hydrology, Water Quality, and Infrastructure report will be prepared by Fuscoe Engineering (see task 1.5), and findings will be integrated into the EIR section. An analysis of existing hydrology and water quality conditions will include identification of the regulatory framework, regional and site-specific hydrological setting of the area, stormwater drainage characteristics, water quality data (both surface and groundwater), local receiving water bodies, pollutants of concern based on changes in land use, and flooding hazards. Pertinent local plans, laws, and regulations pertaining to hydrology and water quality will be identified, including regulatory requirements in the City of Santa Ana's Municipal Code, Chapter 7, Floodplain Management Regulations, and Article IV, Water Pollution. The waste discharge requirements of the MS4 NPDES No. CAS618030 and the Orange County Stormwater Program's Construction Runoff Guidance Manual will also be identified. October 17, 2018 Page 15 • Land Use and Planning. This section of the EIR will evaluate the potential impacts to land use in Santa Ana from implementation of the General Plan Update. Land use impacts can be either direct or indirect. Direct impacts result from land use plan or policy incompatibilities, divisions of communities, or conflict with other land use plans, including habitat conservation plans. This EIR section will focus on direct land use impacts. • Mineral Resources. This section will identify mineral resources in the General Plan Upgrade area and the potential for loss of availability of a known mineral resource that would be of value to the region and the residents of the state. If it is determined from initial research that there are no mineral resources in the City that could potentially be impacted, an entire section on Mineral Resources will not be prepared, and this section will be addressed in the same manner as Agricultural resources. • Noise. A noise study will be prepared by our in-house technical specialist (see task 1.4), consistent with the noise compatibility standards of the City. Findings from the study will be integrated into this section, and mitigation measures, if necessary, will be incorporated to reduce potentially significant noise Impacts. • Population and Housing. This section will analyze the potential for socioeconomic impacts associated with the General Plan Update's buildout including changes in population, employment, and housing. Public Services. This section addresses the proposed General Plan Update's impacts to public services providing fire protection and emergency services, police protection, school services, and library services. The City's fire and police service providers, as well as local schools and libraries, will be contacted at the onset for input on existing staffing and capacities and long-term plans to demonstrate their ability to serve buildout of the proposed General Plan Update. If applicable, the police and fire analysis will rely on adopted lead agency standards of service including response times and/or staffing requirements (officer/firefighters per no. of residents). Potential increased service demands related to the General Plan Update will be researched with the respective departments (City Police Department and Orange County Fire Authority (OCFA)) including facility, equipment and staffing needs. The existing funding mechanisms to support the needs will be assessed and documented in the EIR, and any shortfalls identified. This section will also incorporate the mitigating effect of any applicable, proposed General Plan policies. • Recreation. This section of the EIR will evaluate the potential for implementation of the proposed General Plan Update to impact public parks and recreational facilities. • Transportation and Traffic. Using the traffic study by IBI (see task 1.1), this section will summarize the study findings and include analysis of existing roadways and traffic conditions compared to future conditions. Traffic impacts related to General Plan Update trips and intersection levels of service will be identified, and appropriate mitigation measures will be incorporated into the EIR section. The section will also address the potential for hazardous conditions and impacts to pedestrian and bicycle travel, and include a discussion of vehicle miles traveled (VMT) to address anticipated requirements with SB 743. • Tribal Cultural Resources. Per Assembly Bill (AB) 52 and Senate Bill (SB) 18, the City is required to notify and invite Native American tribes to consult on the General Plan Update's potential impacts to tribal cultural resources. We understand the City will work with the applicable tribes to ensure proper compliance with AB 52 and SB 18. This section will summarize the City's efforts to notify and consult concerned tribes and address the updated CEQA Guidelines Appendix G checklist questions. Any mitigation measures identified in the cultural resources report and/or through consultation that reduce the project's impacts on tribal cultural resource will be integrated into the EIR. October 17, 2018 Page 16 • Utilities and Service Systems. A Potable Water and Sanitary Sewer analysis will be conducted by Fuscoe Engineering (see task 1.6), and findings will be Integrated into the EIR section. Service letter questionnaires will also be sent to the City's water, wastewater, solid waste, natural gas, and electricity providers for existing and future capacities to determine whether buildout of the General Plan Update could be accommodated. PlaceWorks will incorporate the findings into this section of the EIR. As required by CEQA, PlaceWorks will also address potential Energy impacts pursuant to Appendix F. Energy will be addressed in a separate section, "Other CEQA Considerations." Consideration of Significant Effects. As required by CEQA, the EIR will identify the significant effects of the project and include the following discussions, as required by CEQA Guidelines Section 15126.2: • Effects Found Not to Be Significant • Significant Unavoidable Impacts • Significant Irreversible Changes • Growth -Inducing Impacts Alternatives to the Proposed Project. EIR project alternatives are particularly helpful to decision makers for projects that include general plan updates. Our scope is based on the evaluation of up to three alternatives, including the No Project Alternative. In compliance with CEQA, the EIR is required to address a reasonable range of alternative that are defined and analyzed on the basis of their ability to: 1) avoid or reduce one or more of the project's significant impacts, and 2) feasibly attain most of the basic objectives of the project. Our team's expertise in design and planning provides a unique opportunity to create alternatives that address potential environmental issues, including air quality, traffic, noise, and land use compatibility issues. We will coordinate with the City and project team members to craft meaningful alternatives with the potential to reduce or eliminate significant impacts (if any). Likely land use alternatives may be based on previous alternatives considered by the GPAG or based on comments during the scoping process. Alternatives considered but eliminated from further consideration will also be documented. The environmentally superior alternative will be identified; if It is the No Project Alternative, then one of the other alternatives will be identified as environmentally superior to the others. The Screencheck Administrative Draft EIR will be submitted to the City for review. Deliverable(s): 5 hard copies and electronic copies of the screencheck administrative Draft EIR in Microsoft Word and PDF. The PDF will be indexed and searchable. 2.5 Prepare Second Screencheck Draft EIR After City staff approves the revisions made to the screencheck administrative Draft EIR under Task 2A, PlaceWorks will prepare the administrative Draft EIR for final City review. Deliverable(s): 5 hard copies and electronic copies of the screencheck administrative Draft EIR in Microsoft Word and PDF. The PDF will be indexed and searchable. October 17, 2018 Page 17 2.6 Prepare Draft EIR After City approval of the administrative Draft EIR, PlaceWorks will prepare the Draft EIR for public review. This will include final formatting, editing, CIA/QC, and printing. Deliverable(s): — 1 "photo -ready" set of original PDF files 1 hard copy of the Draft EIR in binders with appendices on a CD In the binders leeve 50 CDs of the Draft EIR and appendices in PDF format 2.7 Public Notification PlaceWorks will prepare the Notice of Completion (NOC) and Notice of Availability (NOA) for City approval and signature. Per the RFP, PlaceWorks will be responsible for distributing the NOC and NOA to the appropriate county, state, and federal agencies and provide the City with the list. PlaceWorks will also be responsible for distribution of notices to area property owners and organizations, publication in newspapers, and transmitting notices to the County for posting. Deliverables: -- 1 electronic copy of the NOA 1 electronic copy of the NOC — 50 hard copies of the NOA and NOC 2.8 Prepare Screencheck Final EIR 2.8.1 Screencheck Final EIR Responses to comments received on the Draft EIR will be prepared in accordance with CEQA Guidelines Section 15089. Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment. A Response to Comments section will be created for the Screencheck Administrative Final EIR, which will contain an introduction describing the public review process for the Draft EIR, copies of all comment letters, and written responses to all comments. Responses will focus on comments that address the adequacy of the DEIR. Comments that do not address EIR adequacy will be noted as such, and no further response will be provided unless deemed necessary by the City. Responses will be prepared by PlaceWorks with inputfrom our technical specialists, as needed. The estimated budget assumes that no additional basic research will be required to respond to comments, and that the comments will be directed at the substance and technical adequacy of the EIR. Modification to the scope of work, budget, and time frame may be necessary if any comments from agencies or the general public require substantially increasing the scope of impacts and issues addressed in the EIR. The screencheck administrative Final EIR will also include any revisions, updates, or corrections needed to respond to comments or address minor errors in the DEIR. Revisions will be made in underline and/or strike -out text. This document will be submitted to the City staff for review. 2.8.2 Screencheck Mitigation Monitoring and Reporting Program A Screencheck Administrative Mitigation Monitoring and Reporting Program (MMRP) will be prepared pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format and will identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. The MMRP will be prepared concurrently with the Final EIR and submitted to the City staff for review. October 17, 2018 Page 18 Deliverable(s): — 5 hard copies of the screencheck administrative Final EIR and MMRP. The electronic copy will be formatted in Microsoft Word and PDF. The PDF will be indexed and searchable. 2.9 Prepare Final EIR 1.9.1 Final EIR Upon approval by the City, the Final EIR will be prepared. This will include final formatting, editing, and QA/QC. Responses to comments from responsible agencies will be distributed a minimum of 10 days prior to consideration of the Final EIR by the City Council, 2.9.2 Mitigation Monitoring and Reporting Program Upon City approval, the MMRP will be finalized and submitted to the City concurrently with the Final EIR. Deliverable(s): 1 "photo -ready' set of original PDF files 1 hard copy of the Final EIR and MMRP -- 1 CD of the Final EIR and MMRP 2.10 Prepare Findings and Statement of Overriding Considerations The Findings of Fact (FOF) will be prepared consistent with the requirements of CEQA. If required, we will prepare a Statement of Overriding Considerations (SOC) for the project, consistent with the requirements of CEQA. Deliverable(s): — Electronic copies of the FOF and SOC in Microsoft Word and PDF. The PDF will be indexed and searchable. 2.11 Prepare Notice of Determination PlaceWorks will prepare a Notice of Determination (NOD); it is assumed that the City will file the NOD with the State Clearinghouse and the Riverside County Clerk. Thus, our budget does not include the county filing fee ($50) or the California Department of Fish and Wildlife filing fee ($3,168). Deliverable(s): -1. Electronic copies of the NOD in Microsoft Word and PDF. The PDF will be indexed and searchable. 2.12 Meeting Attendance Our scope of work includes meeting attendance as specified in the RFP. PlaceWorks' PM and assistant PM will attend 3 public meetings (including study sessions) with the City of Santa Ana Planning Commission and City Council. Our team will serve as an extension of City staff and will prepare PowerPoint presentations/handouts and answer all questions regarding the environmental document and impact analyses, as directed by City staff. Additionally, PlaceWorks will attend progress site meetings and progress conference call meetings every other week. The PM and assistant PM will attend one in-person meeting and one conference call meeting per month. PlaceWorks will be responsible for documenting all meetings and public hearings. The scope of work assumes the following: PlaceWorks. One kick-off meeting and three public meetings (including study sessions) with the City of Santa Ana Planning Commission and City Council, and progress meetings every other week (over 19 month schedule). October 17, 2018 Page 19 IBI. One kick-off meeting, three public meetings (including a study session), six in-person meetings with City staff and an additional six conference -call meetings. Additional meetings would be conducted on a time -and -materials basis. Chattel Inc. One kick-off meeting, three public meetings (Including a study session), six in-person meetings with City staff and an additional six conference -call meetings. Additional meetings would be conducted on a time -and -materials basis. Fuscoe Engineering. One kick-off meeting, three public meetings (including a study session), three in-person meetings with City staff and an additional three conference -call meetings. Additional meetings would be conducted on a time - and -materials basis. Carlson Strategic Land Solutions. One kick-off meeting, three public meetings (including a study session), three In- person meetings with City staff and an additional three conference -call meetings. Additional meetings would be conducted on a time -and -materials basis. 2.13 Management and Coordination Communication is key to a project's success, Therefore, PlaceWorks will be in regular communication with City staff and participate in progress updates (phone or email) related to project approach, scheduling, and other environmental issues throughout the CEQA process. Additionally, project management responsibilities include: task scheduling and assignment; management of resources; monitoring of costs and schedule adherence; management and coordination of subconsultants, including contract administration and accounting; consultation and coordination with local and state entities relative to the environmental review process; and coordination and communications with the City's project team to ensure compliance with policies, procedures, and any applicable codes. We have allocated 130 hours of time for our PM to participate In calls, meetings, and/or email correspondence. The assistant PM is allocated 60 hours for overall project management and coordination. These hours are in addition to the scoping meeting (Task 2.3.2) and project initiation meeting (Task 2.1). if additional project management or coordination by PlaceWorks or by other members of the PlaceWorks team is required, we will notify the City's project manager and upon approval, will bill on a time -and -materials basis in accordance with the hourly rates for the personnel involved. October 17, 2018 Page 20 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page 10 of 10 Fee Schedule 15 $2 70DI 62 400 $1,601 $3,8399 $6,593 0 0 D 0 0 0 15 52700 $2640 $1199 EO $0 $0 $3839 $6593 PROPOSAL - GENERAL PLAN TECHNICAL STUDIES AND PROGRAM EIR I PLACEWORKS 61 T PlaceWorks Total Hours PlaceWorks Total Labor CHATTEL HI Wr.I Rnouren IBI GROUP 4NOd NAN, FUSCOE FUSCOE Hyamlopyan4 Wotarand$ecoi Welm Daellly Mftmauemee CARLSON Biological Rmpumn Subcons. Lahor Total semi. 1ON man.„PI TOTAL TASK BUDGET 'HAM GARCIA KESSEL TECHNICAL EDITING PmI.Plnr. Intern Noi. REPORT GRAPHICS WPI CLERICAL Plar. oNramc IG 15 $115 $75 $125 $90 $35 0 $0 $65,842 $72,42 $72,426 123 157 $20,775 $0 $21,191 0 $0 $39,480 $43,428 $43,428 103 149 $20,125 $0 $20,528 0 $0 $23,744 $26,118 $26,118 0 $0 $26,270 $28,897 $28,897 0 $0 $ $0 4 56 $7,560 $0 $7,711 0 $0 $12,110 $13,332 $13,332 1231 103 0 0 4 0 362 $48,460 $43,428 $72,426 $28118 $28,89 $13,332 $184,202 $233,631 15 $2 70DI 62 400 $1,601 $3,8399 $6,593 0 0 D 0 0 0 15 52700 $2640 $1199 EO $0 $0 $3839 $6593 PROPOSAL - GENERAL PLAN TECHNICAL STUDIES AND PROGRAM EIR I PLACEWORKS 61 Fee Schedule $19,204 PROPOSAL - GENERAL PLAN TECHNICAL STUDIES AND PROGRAM EIR I PLACEWORKS 62 �� j?" CERTIFICATE OF LIABILITY INSURANCE ° 6/26/20 e°IYYYY' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE. COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Risk & Insurance Services —,_,_,r FA./C. 17901 Von Karmen Avenue, Suite 1100 JAIL Ns..Exit, _ No) (949) 399-5800; License #0437153 A ADDRESS, Irvine, CA 92614 EACH OCCURRENCE $ 5,000,000 Attn: NewportBeach.CeftRequest@marsh.com/F: 212-948-4323 INSURERSAFFORDING COVERAGE NAICN INSURER A: Crum & Forster Spedaltylnsurance Co___ 44520 CN115158923-01-01-18-19 _ -- _ INSURED PlaceWorks, Inc INSURERS Travelers Pro a Casual Com any Of America � � �= p 25674 —— INSURERC: MED EXP (Any one person CaenThePlanningCenter INSURER D dx Design Community & EnviOmment 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 INSURER E: INSURER F; PERSONAL&ADV INJURY $ 5,000,000 COVERAGES CERTIFICATE NUMBER: LOS -002212046-19 REVISION NUMBER: 9 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IXP LTR TYPE OF INSURANCE ASD WVD R pOLICYNUMBER MMDO/YOLICY EFF Y MMIDDN YV LIMITS A COMMERCIAL GENERAL LIABILITY X X EPK122995 07101/2018 0710112019 EACH OCCURRENCE $ 5,000,000 OCCUR DAMAGE TOCLAIMS-MADE1XI PREMISESEaoccu�rree $ 50,000 MED EXP (Any one person $ dx BI & PD Ded.$5,0005,000 _ PERSONAL&ADV INJURY $ 5,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY PRO- � LOC X JECT PRODUCTS-COMP/OP AGG $ 5,000,000 Contractors Pollution _ $ 5,000,000 OTHER: B AUTOMOBILE LIABILITY X X BA7E37616716CAG 07/0112018 07101/2019 COMBINED SINGLE LIMIT Ea acci ent $ 1,000,000 _ BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accidont $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Comp/Coll Deductibles _ $ $1,000 UMBRELLA LIAR I X OCCUR EX6J3287561843 0710112018 07/0112019 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 X EXCESS LIAB CLAIMS -MADE _ _ DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? N (Mandatory In Ni N/A UB7K728676184 G 0112 18 0701/2019 X PER OTH- STATUTE ER__�, E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 It yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Errors & Omissions -Claims Made EPK122995 0710112018 07/0112019 Each Claim/Aggregate 5,000,000 Retro Dates: See: nd Page DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Operations performed by the named insured for the certificate holder City of Santa Ana, its officers, agents, employees, and volunteers are Included as additional insured where required by written contract with respect to General and Auto liability. This insurance is primary and non- contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General Liability, Waiver of subrogation is applicable where required by written contract with respect to General and Auto Liability. CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza, M-36 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana, CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Rosalynda Martinez pe OO 1988.2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD BA7E37616718CAG Effective 07/01/2018 COMMERCIALAUTO This endorsement modifies Insuranre provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION Or COVERAGE -This endorsement broadens coverage, However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Pat[, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement, The following listing Is a general cover- age description only Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered, A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO M EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS r. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G, WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph AA., Who Is An Insured, of SECTION 11 —COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form clue- ing the policy period over which you maintain 50% or more ownership interest and that Is not separately insured for Business Auto Coverage, Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier, B. BLANKET ADDITIONAL INSURED The followring is added to Paragraph c. in A.I., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that Is signed and executed by you before the "bodily injury" or "property damage" occurs and that Is in effect drifting the policy period, to be named as an add!- tional Insured is an "Insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO P14YSICAL DAMAGE — LOSS OF USE — INCREASED Lim 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT JPERSONAL PROPERTY K. AIRSAGS LNOTICE AND KNOWLEDGE OF AWDENT OR Loss M, BLANKET WAIVER OF SUBROGATION M UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as on ""insured" under the Who Is An Insured provision contained in Section It, 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "Insured" while operating an "auto" hired or rented under a contract or agreement In an "erniployeels" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. In B.S., Other Insurance, of SECTION IV — SUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" tinder a contract in an "amployee's" name, with your CA T3 63 02 16 02015 The Travelers indemnity Company. All 09fits; reserved. Page I of 4 Includes copyrighted material of Insurance Services Office, Ina. with Its permission. BA7E37616718CAG Effective 07/01/2018 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in - D. EMPLOYEES AS INSURED sured" against, and investigate or set - tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who IS us advised of all proceedings and ac- An An Insured, of SECTION II -COVERED AUTOS tions. COVERAGE: Any "employee" of yours is an "insured" while us- (it) Neither ryou nor any other involved insured wilt make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs, UPPL E. SUPPLEMENTARY PAYMENTS INCREASED (III) We may, at our discretion, participate 4 in defending the "insured" against, or n the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit'. of SECTION 11 - COVERED AUTOS LIABIL- (Iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily eluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para - 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION It -- COVERED AUTOS LIABIL. SECTION II - COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for _ "Insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- °cause of time off from work. tion of such claims and your defense _ °� F. HIRED AUTO - LIMITED WORLDWIDE COV- the "insured" against any such "s uitn but only up tand included °= ERAGE - INDEMNITY BASIS -� within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph 5.7., Policy Period, Coverage Territory, SECTION II -- COVERED AUTOS ^: of SECTION IV - BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in v,� TIONS° addition to such limit. Our duty to (S) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid �= within such country or jurisdiction, for Cov- and collectible other insurance available ° areal Autos Liability Coverage for any covered to the "insured" whether primary, excess, r "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country s the United States, Its ter - partners (if you are a partnership), members ritories anndd possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 Q 2015 The Travelers Indemnity company. All rights reserved. CA T3 53 D215 Includes copyrighted material of Insurance Services Office, Inc. with its permission, 003337 BA7E376t6718C.AG Effective 07/01/2018 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to Insurance. G, WAIVER OF DEDUCTIBLE—GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage If the glass is repaired rather than replaced, H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b„ Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". 1. PHYSICAL DAMAGE _ TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.ae, Transportation Expenses, of SECTION 111 — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J, PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following Is added to Paragraph 8.3., Exclu- sions, of SECTION III -- PHYSICAL DAMAGE COVERAGE: Exclusion 3.a, does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth In Paragraphs A,1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.P.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "foss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization) ; rganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" nr "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.$., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph A.4., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tentWa will a u to $400 for "lass" to wearing a • required of you by a written contract pay p 9 P signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the "accident" or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA Ta 63 02 15 ®2015 The Travelers Indemnity Company. Allrights reserved. Page 3 of 4 Includes copyrighted material or Insurance Services Office, Inc, with its permission. BA2E37616718CAG Effective 07101/2018 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall riot rontract, prejudice your rights under this insurance. How - N, UNINTENTIONAL ERROR$ OR OMISSIONS ever this provision does not affect our right to col. The following is added to Paragraph 5.1, Can. lect additional premium or exercise our fight of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal, SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 02M The Travelers I ridernimlly company. Ail tights reserved. CA T3 53 02 15 Wiude% 00PYrIqhlied material of Insurance services Ofte Inc, With its permission. 003338 EPK122995 Effective 07/01/2018 This endorsement modifies insurance provided under the following: Name Of Additional Insured Person(s) or Organization(s) �Irere Required ay W ritten Contract. ®� A. SECTION ICI — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you; or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. & We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we snake for "damages" a rising out of "your work" performed under a designated project or contract with that parson(s) or organ ization(a). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. FN0118-0211 Page 1 of 1 EPK122995 Effective 07/01/2018 COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 0 Name of Additional Person(s) or Organizatianjs): Location And Description Of Completed Operations Where Required By Written Contract. Where Required By Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section Ill Who is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard EN0320-0211 Page 1 of 1