Loading...
HomeMy WebLinkAboutP & D CONSULTANTS 1dC 20� AGREEMENT TERMINATION Please complete this form when the attached agreement is no loner in effect. CITY OF :,AqTA Return form to the Sr. Deputy Clerk of the Council (M-30). CAL 6 TSON questions. ------------------------------------------ The agreement with ��� ��/i��� UJ _ No. c��JJ c;5 was completed on L� ; and final payment has been made. z A-Iggq•j2-q COM CI)' r # It-1i)Op-pls Clb)` C1 Department: Signature: / Date: IIr City of Santa Ana Revised 8-7-03 Clerk of the Council rkuGEED A-2003-258 Ui�l n.�URANCE EXPIRES CLERK OF COUNCIL DATE: /-(P-o,' THIRD AMENDMENT TO CONSULTANT AGREEMENT � Cf THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT "Third Amendment," made and entered into this 17th day of November, 2003, by and between 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) and P&D Consultants, a California corporation (`Consultant'). RECITALS A. City and Consultant entered into Consultant Agreement A-] 999-129, dated August 2, 1999 whereby Consultant agreed to prepare an Environmental Impact Report (EIR) for the One Broadway Plaza Project (hereinafter " said Agreement.") The contract amount was $357,366.00. B. On February 2, 2001, the parties entered into an amendment for additional environmental services in response to changes in the project description and increasing the amount of compensation by $123,000.00 for a total contract amount of $480,366.00. C. On September 2, 2003, the Parties entered into a Second Amendment to said Agreement for Consultant to provide additional environmental services for the One Broadway Plaza project, including distribution of the Draft EIR and attendance at community meetings and public hearings, and to increase the amount of compensation by an additional $30,000.00 for a total contract amount of $510,366.00. D. The Parties now desire to enter into a Third Amendment to said Agreement to pay for costs associated with the Final Environmental Impact Report for the One Broadway Plaza project, and increase the compensation by an additional $42,485.00 for a total contract amount of $552,851.00. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions of the Agreement, as amended, the parties hereby agree as follows: 1. Exhibit A-2 attached to this Third Amendment shall be included in the Scope of Services. Section 1 of the Amendment is amended to read as follows: "Consultant shall perform those services as set forth in Exhibit A, Exhibit A -land Exhibit A-2 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. Section 2(a) of the Agreement is amended to read as follows: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, A-1 and A-2. The total sum to be expended under this Agreement shall not exceed $552,851.00 during the term of this Agreement." 3. Except as hereinabove modified, the terms and conditions of said Agreement and Amendments remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By LaArl�(�jj edy Assistant City Attorney CONSULTANT MICHAEL A. BENNER Vice President owMD Environmental A Division o(P&D Consultants. Inc. 999 TOWN AND COUNTRY ROAD, 4T" FLOOR ORANGE, CALIFORNIA 92868 (714) 835-4447 PHONE (714) 285-0102 FAX w .pdconsul!ants.com October 1, 2003 By email Mr. Dan Bott Environmental Coordinator City of Santa Ana Planning Department 20 Civic Center Plaza Santa Ana, CA 92702 RE: REVISED PROPOSAL TO PREPARE THE COMPLETE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE ONE BROADWAY PLAZA PROJECT Dear Mr. Bott: P&D Environmental, a division of P&D Consultants, is pleased to provide this letter proposal to prepare the complete Final EIR for the One Broadway Plaza Project (Project). The fee estimate for this work is also attached. Preparation of the Complete Final EIR would involve P&D performing the tasks outlined below. The "complete" refers to the areas of work that P&D will prepare for the Final EIR. This scope assumes the P&D and not the City will prepare the Facts and Findings (F&F), Statement of Overriding Considerations (SOC) and the Notice of Determination (NOD). Task 1: Draft and Final Responses to Draft FIR Comments This task is to prepare written responses to comments received on the Draft EIR and submit the Responses to Comments (RTC) Report to the City of Santa Ana for review by staff and the project applicant. This task does not include the investigation of new issues, new analytical investigations or analysis of new alternatives which may require a more intensive level of effort. This task does not include any additional sewer studies or analysis. The responses to comments will be prepared based on the requirements of the CEQA Guidelines and City of Santa Ana CEQA requirements, as follows: 1. The City's Environmental Coordinator will compile and transmit to P&D all written comments on the Draft EIR. This has been completed and P&D now has a complete copy of all written comments and the testimony from the Planning Commission public hearing. This includes written comments received on the Draft FIR, written comments EXHIBIT A 2 w Mr. Dan Bert October 1, 2003 Page 2 received at the 9/2 and 9/3 public workshops and written and verbal comments received at the 9/8 Planning Commission public hearing. 2. P&D's Project Manager will discuss with the Environmental Coordinator the written comments received on the Draft EIR and the comments received at the Planning Commission public hearing and the two public workshops in order to develop a general framework and strategies for preparing responses to the comments. It is anticipated that the City may need to assist in either writing responses (particularly related to policy issues) or providing direction to P&D on how to best respond to certain comments. 3. P&D will prepare responses to the comments received on the Draft EIR in a format acceptable to the City. To the greatest extent feasible and as appropriate for each response, the responses will refer to appropriate sections and analyses in the Draft EIR. P&D will submit 10 copies of the RTC Report to the Environmental Coordinator for City and applicant review. It is anticipated that these responses will consist of explanations, elaborations or clarification of the data contained in the Draft EIR. At this time, this scope and fee assume that no new analysis, issues, alternatives or substantial project changes need to be addressed. 4. The Environmental Coordinator will provide copies of all the City's requested changes to the RTC Report to P&D. P&D's Project Manager shall attend one meeting with the Environmental Coordinator if necessary to go over all requested changes. All changes will then be made and 75 copies of the RTC Report will be printed for distribution to the persons and agencies who provided written comments on the Draft EIR (not the persons who provided comments at the Planning Commission public hearing) and for City staff and the applicant. As required by the CEQA Guidelines, P&D will send a copy of the RTC Report to all those who provided written comments on the Draft EIR (48 letters in the package provided by the City) by regular mail at least 10 days before decision makers consider approval of the Final EIR. Task 2: Written Findings of Fact and Statement of Overriding Considerations The purpose of this task is to prepare the F&F for each significant effect identified in the EIR, pursuant to Section 15091 of the State CEQA Guidelines (Section 21081 of CEQA), and the SOC, pursuant to Section 15093 of the State CEQA Guidelines, as follows: 1. P&D will prepare draft F&F for each significant adverse impact identified in the EIR and prepare an SOC if unavoidable significant impacts after mitigation occur. P&D will solicit input from the City of Santa Ana and the project applicant on the benefits of the project to be included in the SOC. As required by the State CEQA Guidelines, one of three findings will be made for each significant adverse impact (as identified in the Draft EIR based on the identified thresholds of significance), which will be supported by substantial evidence in the project record. The F&F and SOC will be provided in the City of Santa Ana's format, as established in the City's EIR Handbook. It is assumed that the City Environmental Coordinator will provide P&D a sample of the City's desired format for the F&F and the SOC. Mr. Dan Bott October 1, 2003 Pale 3 2. Five (5) copies of the F&F and the SOC will be provided to the City's Environmental Coordinator for review by City and applicant staff. P&D's Project Manager will also attend one meeting with City staff to review the draft F&F and SOC to finalize these documents. 3. One review copy of the revised F&F and SOC will be sent to the City's Environmental Coordinator for City review and approval. Any additional changes will be made as required by the City before being finalized by P&D. P&D will provide five hard copies of the F&F and five hard copies of the SOC to the City. In addition, P&D will provide these documents on a CD for City staff use in preparing the project staff report and the administrative record. Task 3: Preparation of the Mitigation Monitoring and Reporting Plan The purpose of this task is to comply with Public Resources Code Section 21081.6 as mandated by Assembly Bill 3180 to prepare a final Mitigation Monitoring and Reporting Plan (MMRP) for adoption at the time the F&F and the EIR are adopted by the City Council, as follows: 1. P&D will revise the draft MMRP table in the Draft EIR if any of the existing measures are revised or any new measures are added based on comments received on the Draft EIR. P&D will prepare the final MMRP table in accordance with the State and City CEQA requirements. The MMRP table will be designed to ensure compliance with adopted mitigation requirements. 2. P&D will submit five copies of the draft MMRP to the City's Environmental Coordinator for City and applicant review and comment. After review and comment on the Draft MMRP, P&D will revise the MMRP according to the comments provided by the City and the applicant. P&D will provide one hard copy of the MMRP in the Final EIS and the MMRP on a CD for the City's use in preparing the staff report and the administrative record Task 4: Prepare the Final EIR and Notice of Determination This task includes the preparation of the Final EIR and Notice of Determination (NOD), as follows: 1. The Final EIR will consist of the Final EIR (the Draft EIR with the revised final MMRP), the Appendices to the Draft EIR, the Response to Comments Report, the F&F and the SOC. The Final EIR and all other supporting documents will be bound together in one or more volumes to form the Final EIR. P&D will submit one copy of the proposed Final EIR to the City's Environmental Coordinator for review and comment. Any City - required changes will be made to this document and 10 copies of the Final EIR will be given to the Environmental Coordinator for City use. This scope does not assume any changes will be made to the Draft EIR. Mr. Dan Bott October 1, 2003 Page 4 2. P&D will prepare a draft Notice of Determination (NOD) for review by the City's Environmental Coordinator, using the City's NOD form. P&D will revise the NOD as requested by the City. P&D will file the final NOD with the State Clearinghouse and the County Clerk. A copy of the NOD will also be sent to the Environmental Coordinator for the City's records. Task 5: Project Management, General Coordination and Meetings The purpose of this task is to manage the Final FIR preparation effort and to maintain close communication between City staff and project team members. This will include phone, fax and email correspondence and up the three meetings with City staff. It will also include providing quality control/quality assurance on all documents and preparation of monthly invoices. If you have any questions regarding this scope and fee, please call me at 7814-835-4447. P&D ENVIRONMENTAL Christine Huard -Spencer Principal Attachment: Cost Estimate to Prepare the Complete Final EIR for the One Broadway Plaza Project F:\PROJ-ENV\OneBroadway\Reponse to Comments\OBP-Complete Final EIR Proposal.doc V d .O L a R N d a W 3 0 d c O d s W n c LL V d a 0 U d L w L R a d a` 0 d w d E d W Y d O U `m t U h OOOOOOONO �00 �O p m�nrnnWoa:oo� W U N N N OI O O O N V M <t �y m V LO W R Cr H ww V3 viA wMwO m w w w F- W N N N O N N W R M� o N � C O_ m N C N N c p EE p E E o U c U o w - c O N C E N U> C O q u C - O a N U N a> c w JcEm U VI �. > d mu- U drz L' N U C N C l0 - d 0 o(XU) 0 0 0 0 0 0 0000� w M o 0 o M w w w W m N O a� m y o E d d m c uo M U 2 O U N O L d O U N o O� a o m o F ATE (MM CERTIFICATE OF INSURANCE ISSUE 4/1/2004DD/YY) 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 B LETTER INSURED 1 gG2q _ ��9A P & D Consultants Inc. ^a��, iq,(p Attn: Judy White 999 Town & Country Rd., 4th FL. A-AW3 - A58 COMPANY C LETTER 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. 0o TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE (MM/DD/YY) DATE (MWDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ CLAIMS MADE OCCURRENCE PERSONAL &ADVERTISING INJURY $ OWNERS B CONTRACTORS PROTECTIVE EACH OCCURRENCE $ FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ AUTOMOBILE LIABILITY ANYAUTO DEL ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PER PERSON) BODILY INJURY HIRED AUTOS 1 NON -OWNED AUTOS (PERACCIDENT) GARAGE LIABILITY } �✓ PROPERTY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE UMBRELLA FORM $ $ OTHER THANUMBRELLA FORM $ A WORKERS'COMPENSATION 5212460(AOS) 4/1/2004 4/1/2005 S'FATUIORY i1/ A AND 521 2461 (CA) 4/1/2004 4/1/2005 $ 1,000 (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 OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONSISPECIAL ITEMS: PDC)CA3354 Job: Environmental Consulting Services CERTIFICATE HOLDER '.' CANCELLATION -. SHOULD ANY OF THE 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 Attorney BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 20 CivicCenter Plaza (M-29) P.O..Bon 1988 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. o Santa Ana, CA 92702-1988 AUTHORIZED REPRESENTATIVE L---� ACORD 25-S. 3/88 ©ACORD CORPORATION 1988 )