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HomeMy WebLinkAboutP & D CONSULTANTS 1bCity of Santa . la Clerk of the Council AGREEMENT TERMINATION FORM C 2001- Use Only Please complete this form when the attached agreement and all amendments (if any) are no longer in effect.'" Ir Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with No. ``"1 I "I ✓"1 ct1P2 was completed on 7� and final payment has been made. �y (List all amendments. Use space below if needed.) Department: 1j�j�Ut1 �1 � r�p 191� taw' 1 Phone/Ext.: F4 7iJU3 I�lo �)p� Signature: 20p3 ZS��Id Date: Revised 08-23-10 y M'SURMOE CPl FILE gh Wo !( MAY PilX-1 ED UtiTiL ItiSU"mow= ,.A. ES _.....Y _ r -- CLEnK OF O3Ji �i DATE: CONSULTANT AGREEMENT • A-2001-0 15 OA ' P, ✓THIS -AGREEMENT, made and entered into this :; .r day of 6 , 2001 by between P&D Environmental, a division of P&D Consultants a California Co ration (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental consulting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. 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 consulting 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: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. The Scope of Services of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building, the City Attorney, and Consultant, to include additional studies as needed. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as payment for its initial services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $123,000.00 during the term of this Agreement. b, Payment by City shall be made within thirty (30) 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 which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on ,(L_, 200,unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building 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. 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. 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 provisions of Section 3300 of the 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. 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 in form by the City Attorney. (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. 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 effect 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. 6. INDEMNIFICATION Consultant agrees to 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, 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. 7. 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. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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 telefacsimile 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 Santa Ana CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 and, telefacsimile (714) 667-2700 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: P&D Consultants 999 Town and Country Road, Orange, California 92868 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 nor 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. 11. 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 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. 12. 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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 15. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: MIA '.Jwl Michael Vigliott Deputy City Attorney APPROVED AS T CONTENT: DAVID N. AM City Manager CONSULTANT Employer ID # or Individual SS # February 15, 2001 Mr. Dan Bott Environmental Cpordinator CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92701 P&D Environmental A Division of P&D Consultants 999 TOWN 6 COUNTRY ROAD, 4TN FLOOR ORANGE, CALIFORNIA 92868 714/835-4447 714/953-6989 FAX ww w. p d c o n s u l t a n t s. c o m SUBJECT: REVISED BUDGET FOR ONE BROADWAY PLAZA EIR Dear Dan, As you know, P&D has consistently sought to cooperate with the City on the One Broadway Project in the past and, until recently, has been working on an accelerated schedule using the project applicant's limited site plans to prepare the project EIR. The unfortunate need for P&D to assume preparation of the project traffic study part way into the planning process resulted in our absorption of $9,000 in costs and for PBQ&D to absorb $8,000 in costs. However, both firms were willing to absorb these costs in order to keep the project EIR and trafficstudy moving. We do not intend to try to recover these costs, but will absorb them since we agreed with the City to work with the previous traffic subcontractor in the first place. As you requested, I have compiled the following list of out of scope work completed by P&D on the One Broadway Plaza project. This work has been prepared in response to specific requests by City staff in order to provide additional studies necessary to complete the EIR for the One Broadway Plaza project. The funds to complete this work were transferred from budget allocations for later EIR tasks. As a result there are insufficient funds remaining in the budget to complete the EIR process. Also addressed in this letter is additional work deemed necessary to complete the EIR due to the changes in the project including the relocation of the parking garage and the addition of a heliport on top of the project office building. As you know, the garage as now designed will impact an additional historic building along Broadway Street due to the garage exit onto Broadway Street. The footprint of the garage has also been expanded onto a portion of Sycamore Street adjacent to the project site. The heliport would create noise impacts on land uses adjacent to the project site and along its approach path and may potentially interfere with planes accessing local airports. Changes will need to be made to the various sections of the EIR to reflect these revisions to the parking garage plan and the new heliport. ADDITIONAL WORK ON THE PROJECT EIR PREVIOUSLY APPROVED BY THE CITY A memo dated April 26, 2000 from the City authorized P&D to spend an additional $7,000 from the One Broadway Plaza EIR budget to study the impacts that the Orange County High School of the Arts (High School of the Arts) would have on cumulative projects that were to be considered .? I EXHIBIT A Mr. Dan Bott • ! January 15, 2001 City of Santa Ana Page 2 in the project traffic analysis. This work has been completed and the traffic analysis was sent to the City's Public Works Department for review and comment. It is noted that the new exit from the parking garage and the location of the garage on Sycamore Street will affect the results of the traffic study. Funds to pay for this additional analysis were taken out of the EIR Response to Comments task budget. These funds will have to be replaced so responses to comments on the project Draft EIR can be prepared when they are received. Please note that the original budget for the Response to Comments task was a placeholder until all the comments were received and a realistic estimate of the budget could be made. Should a significant number of comments be received on the Draft EIR, additional funds could still be needed for completing the responses to comments since only $9,930 was originally budgeted for this task. Given the project's impacts to the historic structures along Broadway Street, it is now very likely that this will be the case. The City's Public Works Department also requested that a sewer flow study be completed to determine if there was sufficient capacity in the sewers in Broadway Street, Civic Center Drive West and Main Street to handle flows from the One Broadway Plaza. P&D retained the services of ADS Environmental Services to prepare the requested sewer flow study. P&D spent a number of hours negotiating a contract with ADS and coordinating with them before, during and after the Study was completed. This work was never budgeted in the project EIR budget. Great difficulty was also encountered in meeting City insurance requirements before the Study could even be started which required additional coordination time by P&D. Cost for this time is included in the Project Management task discussed below. The sewer flow study has been completed and it found that there is sufficient sewer capacity to handle flows from One Broadway Plaza. The Study was sent to the City's Planning and Building Agency and Public Works Department for review and approval. Information from the Study will be included in the project EIR. Funds to pay for ADS' time were taken from the Other Direct Costs budget for the project EIR and need to be reimbursed so that the Draft and Final EIRs can be printed. Coordination time was taken out of the Project Management Budget for preparation of the EIR. Cost for the sewer flow study was as follows; ADS (Sewer Flow Study) $6,200 The total of the work previously approved by the City on the proj ect EIR was $13,200. ADDITIONAL OUT OF SCOPE WORK NECESSARY TO COMPLETE THE PROJECT EIR As you recall, P&D sent the City the first screencheck Draft EIR on March 17, 2000 for review. Comments were made on this document by you and Charles View, with other City departments to review the second screencheck Draft EIR. We met to discuss your comments that were to be incorporated into the next screencheck Draft EIR. P&D had a second Screencheck Draft EIR almost ready for City review when we were asked by the City to stop work on this document because the project applicant was proposing additional Mr. Dan Bott • • January 15, 2001 City of Santa Ana Page 3 changes to the project. By the time work was stopped, P&D had already revised the document to address your and Mr. View's changes. The air quality and noise sections had been compiled and were ready_ to be integrated into the EIR. EIR figures were in the process of being revised to reflect changes to the project. At the time, the traffic section was the only section of the EIR that had not been completed. P&D was waiting on the completion of the final traffic study, based on review comments to be received from the City's Public Works Department. As the City knows, the changes made to the project since then will ripple throughout the EIR. A thorough check of all EIR sections and text must be made to ensure consistency. The following additional out of scope work will be necessary to complete the EIR for the revised project. This work is in addition to the $4,415.89 that we still have in the project EIR budget to prepare another screencheck EIR. Section 1.0 Executive Summary The project summary will have to be revised to reflect changes to the project description created by the change in the exit from the parking garage which will impact some of the structures along Broadway Street and the revised garage footprint. Changes will also have to be made to Table S-1 (Summary of Project Impacts, Mitigation Measures and Residual Impacts) to reflect changes to the cultural resource impacts and traffic/circulation mitigation measures caused by the increased impacts to these resources by the project parking garage. The discussion on the project scoping meeting will need to be revised to include a discussion of the additional scoping meeting to be held on this project. Cost to do this work is estimated to be as follows: Bob Rusby 2 Hrs. @ $125 Hr. $250, Env. Planner 6 Hrs. @ $65 Hr. $390 Total $640 Section 2.0 Project Description and Purpose and Need of the Project The project description will have to be modified to reflect the revised project as described under Section 1.0. The discussion on "Rehabilitation of Existing Residential Uses" will also have to be revised to reflect that many of the buildings along Broadway Street will be removed and that a portion of the parking garage will be located on Sycamore Street. Figure 2-4 (Conceptual Site Plan) will have to be revised to reflect the expanded footprint for the parking garage and removal of additional structures along Broadway Street. An additional exit from the parking garage onto Broadway Street will also be shown to reflect the revised plans. P&D assumes that the City will now seriously consider this change to the garage. Figure 2-5 (Parking Structure Elevations) will have to be revised to show the elimination of additional structures along Broadway Street. Figure 2-6 (Exterior Elevations) will be revised based on the removal of additional structures along Broadway Street and changes in the appearance of the project office building and garage. These figures will have to be completely replaced with new office building and parking garage graphics. Mr. Dan Bott • • January 15, 2001 City of Santa Ana Paee 4 Cost to do this work is as follows: Bob Rusby 2 Hrs. @ $125 Hr. $250 Env. Planner 4 Ifrs. @ $65 Hr. $260 Graphics 3 Hrs. @ $60 Hr. $180 Total $690 Section 3.0 Environmental Setting, Impacts and Mitigation Measures Land Use and Planning The Land Use and Planning section of the EIR was written to reflect existing City plans and policies that would be impacted by the proposed project. P&D has been advised by City staff that revisions to this section will be based on the findings of the City's design review process when the City's Advanced Planning staff will closely scrutinize the project and make decisions on what plan and policy amendments will be needed to allow for the development of the project. We currently understand that the project will require an amendment to the Midtown Specific Plan, a General Plan amendment and a street abandonment since a portion of the project parking garage is now proposed to be built on a portion of Sycamore Street. Comments on the Land Use Section were also received from Charles View and they will be incorporated in the EIR. Table 3.1.1 (Consistency with General Plan Goals and Policies) will also need to be revised based on specific input from the City's Advanced Planning Division and changes required by the revised parking garage plot plan. P&D recently obtained a copy of the City's Circulation Element which will be reviewed and appropriate goals and policies added to this Table. As requested by City staff, P&D will also work with the City on the land use thresholds of significance to be used in this section of the EIR. Cost to do this work is as follows: Bob Rusby 2 Hrs. @ $125 Hr. $250 Env. Planner 8 Hrs. @ $65 Hr. $520 Total $770 Utilities and Service Systems The discussion of the project's impacts on wastewater was written to indicate that a sewer flow study was being prepared to determine whether there was capacity available in the sewers that would serve the project site. This subsection will have to be revised to reflect the results of the sewer flow study. It is now known with certainty that adequate sewer capacity is available to serve the project. Appropriate information in this study will be summarized and added to the EIR. The Level of Significance After Mitigation discussion will also have to be revised to reflect the availability of adequate sewer capacity in the sewer system that would serve the project site. Mr. Dan Bott • City of Santa Ana • January 15,2001 Page 5 Cost to do the above work is as follows: Env. Planner 2 Hrs. @ $65 Hr. $130 Air Quality This section of the EIR was prepared by P&D based on the air quality analysis prepared by our air quality subconsultant. We were ready to drop the study into the second screencheck Draft EIR. However, because of changes in the One Broadway Plaza Project, the air quality analysis will need to be revised. As discussed in the attached scope of work from Mestre Greve, local air pollution concentrations will be recalculated using the CALINE4 program and the revised traffic data. Any new impacts will be identified and mitigation measures developed, if required. Construction emissions will be re -calculated as required based on the new site plan. Construction emissions impacts and mitigation will be reassessed as required. Long-term regional pollutant emissions from the project will be recalculated based on the new site plan and traffic data. Project impacts and required mitigation will be reassessed as required. Cost to do this work is as follows: Bob Rusby 1 Hrs. @ $125 Hr $ 125 Env. Planner 4 Hrs. @ $ 65 Hr. $ 260 Mestre Greve $1,800 Total $2,185 Aesthetics The Aesthetics section was completed in the previously prepared screencheck Draft EIR. This section will have to be revised to reflect the change in the footprint of the parking garage. It will also address the visual effect of removal of a different configuration of structures along Broadway Street. Figure 3.11.1 (Photo Point Key) will have to be replaced to show the expanded parking garage plot plan and the elimination of most of the structures along Broadway Street. Figure 3.11-3 (Proposed and Existing Elevations) will also have to be revised to show the remaining structures along Broadway Street and changes to the facade of the project office building and garage. The project shade shadow analysis has also been completed and will need to be revised to reflect the relocated parking garage. Figure 3.11-5 (Winter Parking Garage Shadow) and Figure 3.11-7 (Summer Parking Garage Shadow) will have to be revised to show all of the area covered by the enlarged parking garage. Figure 3.11-4 (Winter Office Tower Shadow) will also need to be revised to show all of the area covered by this shadow. The discussion of the project's light and glare impact will be revised to discuss the fact that the office building will be lighted at night and the steel/aluminum accents on the building facade may cause some light reflection off the building. Mr. Dan Bott • • January 15, 2001 City of Santa Ana Page 6 Cost to do this work is as follows: Bob Rusby 04 Hrs. @ $125 Hr. $ 500 Env. Planner 08 Hrs. @ S65 Hr. $ 520 Anne Pietro 20 Hrs. @ $75 Hr. $1,500 Jeff Post 10 Hrs. @ $60 Hr. $ 600 Total $3,120 Noise The noise section for the EIR had been prepared by P&D based on a noise study prepared by Mestre Greve. However, the noise study will need to be revised based on changes to the project site plan and traffic. Construction noise impacts will be recalculated based on the new site plan. Impacts and mitigation measures will be reassessed. Future with and without project traffic noise levels will be recalculated based on the revised traffic data. Off -site traffic noise impacts will be recalculated. Any new impacts will be identified and mitigation measures will be developed. Traffic noise impacts on the project site will be reassessed along with the required mitigation measures. Potential noise impacts from the proposed heliport will be assessed. Both daily coverage (i.e. CNEC) and single event (i.e. maximum) noise levels will be examined. Any significant impacts or sensitive receptors will be identified. The exhibit showing noise contours in the noise study will be updated to show the new site plan. P&D will revise the noise section of the EIR based on the revised noise study. Cost to do this work is as follows: Bob Rusby 2 Hrs. @ $125 Hr. $ 250 Env. Planner 4 Hrs. @ $ 65 Hr. $ 260 Jeff Post 2 Hrs. @ $ 60 Hr. $ 120 Mestre Greve $7,200 Total $7,830 Cultural Resources Discovery Works, Inc. completed the project Cultural Resources Report and this section was included in the first screencheck Draft EIR, Since that time it has been determined that another exit from the parking garage onto Broadway Street will be developed which will result in the removal of another historic structure along Broadway Street. As a result, the Cultural Resources Report will need to be rewritten to discuss the direct impacts to the historic structures along Broadway Street, review alternatives to their removal, and develop mitigation measures to reduce project impacts to the extent possible. Discovery Work's scope to revise the Report is attached to this letter for your information. Mr. Dan Bott • • January 15, 2001 City of Santa Ana Page 7 Discovery Work's scope also includes time to analyze the feasibility of moving three historically significant structures. This feasibility report will assist with the planning process of the project and examine the possibility of moving the historic structures off the project site. The feasibility report includes research and analysis of each structure, preliminary recommendations for upgrades, constriction cost budgets and a general discussion of the impact of relocation on historic designation for the structures that would need to be moved to make way for the project. Discovery Works will work with an architect that deals with historic structures on the feasibility report. The EIR subsection will have to be rewritten to include information on the removal of additional structures and the feasibility of moving these structures to another location. Cost to do this work is as follows: Bob Rusby 3 Hrs. @ $125 Hr. $ 375 Christine Huard -Spencer 4 Hrs. @ $135 Hr. $ 540 Discovery Works (Revise the Cultural Resources Report) $ 5,500 Discovery Works (Feasibility of moving historic structures )$ 9,025 Total $15,440 Section 5.0 Unavoidable Adverse Impacts The Unavoidable Adverse Impacts section of the EIR has been completed. However, the Cultural Resources discussion in this Section will have to be revised to indicate that the project will now result in the removal of most of the historic structures along Broadway Street. It may be possible to reduce this impact to less than significant levels if these structures can and are moved off the project site. Cost to do this work is as follows: Env. Planner 1 Hr. @ $65 Hr. $ 65 Section 6.0 Cumulative Impacts This section of the EIR has been completed and will have to be revised to add the Orange County Junior High School and High School of the Arts as cumulative projects. Figure 6.1-1 (Cumulative Project Location Map) will have to be revised to add the schools to the Figure of cumulative projects. The discussion on cultural resources will also have to be revised to reflect the revised project Cultural Resources report. Any other revisions necessary as a result of the updated traffic, air quality, and noise studies will also be incorporated. Cost to do this work is as follows: Bob Rusby 1 Hr. @ $125 Hr. $125 Env. Planner 6 Hrs. @ $65 Hr. $390 Jeff Post 2 Hrs. @ $60 Hi. $120 Total $635 Mr. Dan Bort • • January 15, 2001 City of Santa Ana Page 8 Section 8.0 Project Alternatives The discussion of cultural resources in the Project Alternatives section will have to be revised to reflect additional project impacts on these resources. Cost to do this work is as follows: Christine Huard -Spencer 2 Hrs. @ $135 Hr. $270 Project Management The continuing changes to the project have resulted'in the need for additional coordination with City staff. A project kickoff meeting, two EIR Scoping meetings and five general coordination meetings were budgeted for in the EIR scope of work: P&D's EIR Project manager has actually attended the following meetings on this project: September 23, 1999 (EIR kickoff meeting), October 18, 1999 (prepare for EIR Scoping Meeting), October 21, 1999 (EIR Scoping meeting), November 4, 1999 (Team meeting), November 12, 1999 (Team meeting), December 9, 1999 (Team meeting), December 22, 1999 (Team meeting), January 31, 2000 (Team meeting), February 2, 2000 (Team Meeting), March 2, 2000 (Team Meeting), March 13, 2000 (Team meeting), May 1, 2000 (discuss progress on project), May 18, 2000 (Team meeting), July 17, 2000 (Review first SCEIR comments), July 28, 2000 (Meeting on project invoices) and December 1, 2000 (Team Meeting). Therefore, the Project Manager has already attended eight meetings that were not included in the EIR budget. These additional meetings required 18 hours of his time. There have also been at least three meetings with P&D's project Principal in Charge (Sylvia Salenius) and the City's Planning and/or Public Works staff on the project traffic study that were not anticipated when the EIR budget was put together. These meetings were held on June 9, June 26 and July 3 of 2000. These meetings required 7 hours of her time. The issue of the project's impacts on structures along Broadway Street has also required additional coordination with the applicant's architect and the cultural resources subconsultant. Numerous phone calls have been made and two meetings were held with the subconsultant on this matter. This required an additional 5 hours of the Project Manager's time. A P&D Engineer also had to coordinate preparation of the project sewer flow study with City staff and the subconsultant preparing this study which required 4 hours of his time. The EIR project manager also attended one meeting with ADS on the sewer flow study. He also had numerous conversations with the P&D Engineer working on this study and reviewed the study for its adequacy before it was sent to the City for review and approval. This work took 4 hours of his time and one hour of the Project Manager's time. P&D also foresees the need for additional coordination meetings with City staff and the project developer's architect before the project EIR is approved by City decision makers. Therefore, it Mr. Dan Bott • • January 15, 2001 City of Santa Ana Page 9 will be necessary to augment the EIR project management budget by an additional 13 hours for the Project Principal in Charge and 16 hours for the Project Manager. Cost to do this work is as follows: Kerry Bokenkamp 4 Hrs. @ $105 Hr. $ 420 Sylvia Salenius 20 Hrs. @ $140 Hr. $ 2,800 Bob Rusby 40 Hrs. @ $125 Hr. $ 5,000 Total $ 8,220 The total of the cost necessary to revise the project EIR is $39,995. ADDITIONAL WORK NEEDED TO COMPLETE THE PROJECT TRAFFIC STUDY As discussed above, in our efforts to cooperate with the City and expedite the project, P&D and PBQ&D have jointly absorbed some $17,000 in project costs. We had not anticipated having to take over preparation of the traffic study for this project, but felt obligated to do so in response to the City's concerns about the performance of the prior traffic subconsultant. As a result, we absorbed coordination costs and other costs associated with re -doing some of the prior subconsultants's work. P&D's Traffic Engineers sent the City's Public Works Department a draft copy of the One Broadway Plaza Traffic Study on June 2, 2000 for their review and comment. We received preliminary comments on the Report on August 8, 2000. Based on Public Work's comments on the Report and the modification to the site plan made by the developer, it is estimated that additional funds will be necessary to complete the traffic study. The additional budget amount is attributable to the increased effort necessary to complete the study in precise accordance with the City's recent direction and revision to the parking garage. The specific work tasks that were not envisioned when P&D initially took over this project and agreed to work within the original traffic budget are described below: Mitigation Analysis: The basis for the work effort P&D envisioned were the Grand Avenue and Maple -Halliday traffic studies P&D previously prepared for the City. Both of these studies used a 5% increase in the ICU value as the threshold for determining significant impacts. At the time it took on the work, P&D had no basis from which to assume the City would require mitigation at the single project trip level. This more stringent threshold resulted in a substantial increase (approximately 300%) in the number of intersections requiring mitigation analysis. Costs incurred to complete this work were as follows: Ron Siecke 4 Hrs. @ $95 Hr. $ 380 Scott Barnhart 20 Hrs. @ $90 Hr. $1,800 Jose Mortero 8 Hrs. @ $80 Hr. $ 640 John Dorado 24 Hrs. @ $65 Hr. $1,560 Total $4,380 ADDITIONAL INSURED ENDORSEMENT .FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company National Union Fire Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # RMGL6122667 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees,XV= volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or. on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 2/28/01 this endorsement form as a part of Policy # RMGL6122667 Issued to P&D Consultants, Inc. Named Insured Countersigned by . Authorized INsuRnrtCH COMPANY CERTIFICATE OF INSURANCE ISSUE 4/1/2004DD Y) PRODUCER DM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Aon Risk Services, Inc. of Southern California RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 707 Wilshire Boulevard, Suite 6000 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Los Angeles, California 90017 (213) 630-3200 COMPANIES AFFORDING COVERAGE COMPANY LETTER A Insurance Co. of the State of PA CODE SUB -CODE COMPANY LETTER B . INSURED d ^ I ({6C` �'�,g i COMPANY LETTER C !' P & D Consultants Inc. Attn: Judy White'3 ��� 999 Town & Country Rd., 4th FL. A—A003- X58 COMPANY Orange, CA 92868 LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE (MWDDM') DATE (MM/DD") GENERAL LIABILITY GENERALAGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OPS AGGREGATE $ CLAIMS MADE OCCURRENCE PERSONAL& ADVERTISING INJURY $ OWNERS& CONTRACTORS PROTECTIVE EACH OCCURRENCE $ FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ AUTOMOBILE LIABILITY ANY AUTO GEL BODILY INJURY ALL OWNED AUTOS SCHEDULEDAUTOS (PER PERSON) BODILY INJURY HIRED AUTOS 7 NON -OWNED AUTOS (PERACCIDENT) GARAGE LIABILITY /L C✓ PROPERTY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE UMBRELLA FORM $ $ OTHER THAN UMBRELLA FORM $ $ A WORKERS'COMPENSATION 5212460(AOS) 4/1/2004 4/1/2005 STATUTORY IJ, A AND 521 24 61 (CA) 4/1/2004 4/1/2DO5 $ 1000 (EACH ACCIDENT) EMPLOYERS'LIABILITY 5212462(WI) 4/1/2004 4/1/2005 $ 1,000 (DISEASE POLICY LIMIT) $ 1,000 (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIRESTRICTIONS/SPECIAL ITEMS: PDCICA335,I Job: Environmental Consulting Services CERTIFICATE HOLDER ' . CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of Santa Ana 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City 6y BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 20 Civic vic Center Plaza (M-29) P.O. Bon 1988 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. �® Santa Ana, CA 92702-1988 AUTHORIZED REPRESENTATIVE ACORD 25-S. (3188 ©ACORD CORPORATION 1988