HomeMy WebLinkAboutP & D CONSULTANTS 2 - 2004
A-2004-135
.. INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: 7-é)J-tY-/
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CONSUL T ANT AGREEMENT
THIS AGREEMENT, made and entered into this {, yL day of f¿J!t ' 2004 by
and between P&D Enviromnental, a division of P&D Consultants a California torporatlOn
(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
enviromnental consulting services to update the French Park Traffic Management Plan
traffic, noise and air studies.
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:
1.
SCOPE OF SERVICES
Consultant shall prepare a traffic analysis, update the existing noise analysis and prepare
an air quality analysis for the French Park Neighborhood Traffic Plan Project, as set forth in
Exhibit A to this Agreement.
2.
COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $35,000.00 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 June 30,
2005, unless terminated earlier in accordance with Section 12, below. The term of this
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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.
s.
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. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
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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.
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
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.
(ii)
(iii)
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
¡iirsst Sf iHclÜu,t 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 o~ .WI ~
effei1ts æÜ;uõ f_u. 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
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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
telefacsimile (714) 667-2700
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
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To Consultant:
P&D Consultants
999 Town and Country Road,
Orange, California 92868
Telefacsimile (714) 285-0102
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 assigmnent, 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:
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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 ofrace, 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 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.
DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product produced pursuant to the services provided.
Said work product shall be submitted in a hard copy and in a form compatible with City's
computer system, as agreed between the Project Manager and Consultant.
In regard to all copyrightable material produced as a deliverable under the Agreement, including
but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes,
and computer programs, the Consultant understands and shall ensure that all of Consultant's
affected officers, employees, agents, contractors, and volunteer workers also understand that (a)
such material may not be copyrighted without prior review from the City and (b) the authors of
all such material, whether copyrighted or not, award to the City, and to its officers, agents and
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employees acting within the scope of their official duties, as a condition of payment to the
Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for
governmental purposes to disclose, publish, translate, reproduce, and use such materials.
17.
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:
~e"- ~'Ó
PATRICIAE.HEALY
Clerk of the Council
CITY OF SANTA ANA
r2A2fi-
DAVIDN. REAM
City Managere
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
BY:¿Ap$ ~Dd1
LaUl~ Sheedy
Assistant City Attorney
CONSULTANT
'111Ù:l<t,) ßuL IU-.--
MICHAEL BENNER
Vice President
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May 20, 2004
Mr. Dan Bott
Environmental Coordi11ator, City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
By FAX
Re:
Proposal for Traffic and Noise Technical Studies Update and 2025 Analysis for the
French Park Traffic Management Plan
Dear Mr. Bott:
Thank you for considering P&D Consultants for the preparation of an update and 2025
analysis for the traffic and noise componeots of the French Park Neighborhood Traffic
Management Plan in Santa Ana, Based on our undersÚU1ding of the project background, the
French Park Neighborhood Traffic Plan was implemented by thc City of Santa. Ana in
November 2001. The Plan included the closure of. three streets and the installation of
diverte,rs to discourage cut-through traffic in the French Park Neighborhood. Technical
studies were prepared in April 2003 that evaluated pre-project conditions (before street
closures, 2001) and post-project conditions (after street closures, 2002). The April 2003
techmca1studies also evaluated traffic conditions in 201 0 with and without the divcrters.
Based on infonnation provided by the City and data collected for this proposal, the 2003
traffic and noise technical studies wilJ be updated to include 2004 post closure l:J:à,ffic
conditions. In addition, a 2025 traffic conditions will be assessed.
For your review and consideration, P&D Consultants has prepared the attached scope of
work and cost estimate for the analysis update and 2025 analysis. Mr. Lew Garber, P.E,
Senior Vice Presi~cnt, will serve as the Prin.cipal-in-Charge and Ms. Christine Huard-
Spencer will provide NEPNCEQA coordination. Mr, Chris Pruitt will serve as Project
Manager and Transportation Planners Huabing Wang and Scott Banh will prepare the traffic
analysis. Environmental Scientist Tin CheuJ1.g will prepare the noise technical analyses.
SCHEDULE
P&D can complete the traffic and noise analyses in three weeks after receipt of field traffic
counts and collection of existing data/related reports. Typically, collection of field data and
counts takes five working days. Therefore, we anticipate that this updated analysis can be
completed in approximately one month.
EXHIBIT A
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COST
P&D is prepared to complete these ana.lysis and technical memoranda for a total cost of
$28,750, as follows:
Traffic Plan Updatcl2025 Analysis
Noise Updatel2025 Analysis
$24,750
$4,000
Total $28,750
Should you have any questions on the scope or costs, please call me at (714) 835-4447,
Sincerely,
P&D CONSULTANTS, INC.
!w~k~
Lew Garber, P.E.
SE:nÌor Vicc President
Attachments: Traffic and Noise Scopes OfWOIK.
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French Park Neighborhood Traffic Plan
City of Santa Ana, California
Traffic Scope of Work: 1\1ay ZO, 2004
P&D will prepare a traffic analysis to address circu1ati,on issues in the study area. This
analysis will include (1) document baseline conditions; (2) 2004 traffic conditions and
General Plan bui1dout traffic conditions; (3) conduct traffic analysis; (4) identification of
mitigation measures, as necessary; (5) prepare technical memorandum; and (6) project
coordination and management, as described below. .
1.0
DOCUMENT BASELINE CONDITIONS
Using an aI1nual ambient growth factor to be determined in consultation with City staff,
P&D will update the pre-project (before street closuresldiverters 2001) traffic COunts ftom
thc French Park Neighborhood Traffic Plan Study to 2004 conditions.
1.1
Document Existing Traffic Volumes
P&D will collect daily and peak hour traffic count infonnation for the study roads and
intersections identified in Tasks 1.1. It is assumed for budgeting pUtpOses that existing
(2004) traffic count data does not exist. If existing 2004 ttaffic count data is available, the
budget for data collection will be adjusted accordjngly.
1.2
Study Area Definition
The study area will include all the roads and intersections included in the 2003 French Park
Study, A total of thirty intersections will be analyzed. The intersections are:
1) Spurgeon Street & 17th Street
2) Main Street & Washington Avenuc
3) Main Strcet & 10th Street
4) Bush Street & Civic Center Drive
5) Bush Street & 17th Street
6) French Street & 1 ih Stteet
7) Main Street & 16th Street
8) Spurgeon Street & 16th Street
9) Main Stteet & 15th Street
10) Bush Street & 15 Street
11) Spurgeon Street & 15th Street
12) French Street & 15th Street'
13) Bush Street & Washington Avenue
14) Spurgeon Street & Washington Avenue
15) French Street (northbound (NB) & Washington Avenue
16) French Street (southbound) & Washington Avenue
17) Lacy Street & Washington Avenue
18) Poinsettia Street (NB) & Washington Avenue
19) French Street & Wellington Avenue
20) Lacy Street & Wellington Avenue
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21) Poinsettia Street & W elIington Avenue
22) Bush Street & 10th Street
23) Spurgeon Street & 10th Street
24) French Street & 10lh Strcet
25) Spurgeon Strect & Civic Center Drive
26) French Street & Civic Center Drive
27) Minter Street & Civic Center Drive
28) Lacy Street & Civic Center Drive
29) Garfield Street & Civic Center Drive
30) Poinsettia Street & Civic Center Drive
2.0
2004 TRAFFIC CONDITIONS AND GENERAL PLAN BUIT.DOUT TRAFFIC
CONDITIONS
The 2004 and General Plan buildout traffic conditions wìll be developed to determine
impacts, if any, associated with the in-place street closureslscmi-closures (diverters). The
2004 traffic conditions will be a comparison of before street closure conditions (2001 counts
updated to 2004) and post street closure conditions. The post street closure conditions will
be based on traffic counts collected as part of this study.
The General Plan buildout 2025 traffic conditions (without closures/semi-closures) wi1l be
developed from the latest Orange County Transportation Analysis Model (OCTAM). In the
study area, P&D will review the land uses and associated trip generations in each of the
Traffic Analysis Zones (TAZs) assumed in the OCTAM model. M 3pplvpliate, the land
uses and trip generations in the OCTAM model will be updated to include One Broadway
Plaza and/or other projects, as developed in consultation with the City, from existing traffic
studies for those projects, The 2025 traffic volumes used in this analysis wiU be compared to
recently completed traffic studies (such as Santiago Street Lofts) to insure consistency
among all recent traffic studies.
Traffic diversion volumes and distributions associated with street closuresldiverters wm be
developed based on comparisons of pre and post conditions. Working with City staff, P&D
will analyze impacts (if any) of diversion distributions when One Broadway Plaza and other
projects are included in the 2025 traffic conditions.
3.0
CONDUCT TRAFFIC ANALYSIS
P&D will conduct the traffic impact analysis of roads/intersections identified in Section
1.1 for the following scenarios:
. Scenario 1 - Pre-cIosureldiverter conditions (2001).
. Scenario 2 - Prc-c10sureldiverter conditions (updated to 2004).
. Sccnario 3 - Post-closureldiverter conditions (based on 2004 traffic counts).
. Scenario 4 - Pre-c1osure/diverter conditions (2025),
. Scenario 5 - Post-c10sureldivcrtcr conditions (2025).
. Scenario 6 - Analysis of mitigation measures for Scenarios 2, 3, 4 and 5, if needed.
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3.1
Calculate Road and Intersection Levels-of-Service (LOS)
P&D will determine daily volume-to-capacity ratios and corresponding levels of service
(LOS) for all road intersections and segments identified in Task: 1.1.
WS calculations for the roads and intersections will be conducted in accordance with the
City of Santa Ana guidelines. Analysis of signalized intersection operation will be based on
thc Intersection Capacity Utilization (ICU) methodology 11Sing parameters adopted by the
City of Santa Ana. Analysis of unsignalized intersections will bc - based on the latest
Highway Capacity Manual (HCM) methodology.
3,2
Identify Project-Related Traffic Impacts
P&D will identify project-related traffic impacts based on a comparison of the results of
LOS analysis among applicable Sce,natÌos listed in Task 3.0.
3,3
Conduct Signal Warrant Analysis
Pcak hour signal warrant analysis will be conducted for key unsignalized intersections in the
study area to determinc if traffic signals arc warranted at these locations under existing and
future conditions. The signal warrant analysis will be conducted following the Caltrans
methodology.
4.0
IDENTIFY MITIGATION MEASURES
A$ appropriate, T.1Ùtigation measures designed to reduce potential circulation impacts
associated with Scenarios 2, 3, 4 and 5 to acceptable levels (as de1ined by the City of Santa
Ana) will be identified. Evaluation of potential T.1Ùtigation measures and an analysis of their
effectiveness will be provided,
5,0
PREPARE TECHNICAL MEMORANDUM
P&D will prepare three copies oftbe screencheck draft traffic teclmical memorandum. The
sereencbeek: memorandum will be revised (as approp,riate) per City comments and threc
copies of the Final Traffic Technical Memorandum will be submitted to the City.
6.0
COORDINATE WITH CITY STAFF AND PROJECT MANAGEMENT
A P&D staff member is prepared to participate in up to two meetings called by City of Santa
Ana staff to coordinate the traffic study. Attendance at, and preparation for, additional
meetings and public hearings will be billed on a time and materiaJs basis,
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French Park Neighborhood Traffic Plan
City of Santa Ana, California
Noise Scope of Work: May 20, 2004
P&D's acoustics group w.ill provide a noise technical memorandum to update the analysis
prepared for the ex.isting Initial StudylMitigated Negative Declaration for the French Park
Neighborhood Traffic Management Plan. The analysis will focus on updating the
previous noise modeling for 2004 and 2025. These updates will include. incorporating the
traffic from projects such as the One Broadway Plaza, Bowers Museum Expansion and
other development levels in the City General Plan, as documented in the traffic technical
memorandum. To assess these potential effects, the following analysis will be
conducted:
Terminology and fundamental aspects of noise will be descn'bed to provide a basis
for the layperson to evaluate the findings of the analysis.
The City Noise Ordinance and regulations and other relevant noise standards will be
reviewed to identify the regulatory setting,
Because ambient noise measurements described in the French Park Neighborhood
Traffic Management Plan were conducted last year, they are assumed to be still
applicable and will be cited and used.
Traffic volumes, from the traffic technical memorandum, will be used to predict
project related traffic noise at locations which have the highest potential for noise
impacts. The analysis will be performed using a Caltrans approved traffic noise
model.
Increases in noise levels associated with the diverter program and increased traffic
volumes on areå streets \vill be compared with City noise regulations and appropriate
noise guidelines to determine if the diverter program has resulted in 2004 or will
result in 2025 significant adverse impacts.
General mitigation measures wiIJ be evaluated and recommended, where required, to
address any identified significant adverse noise impacts. '
P&D will prepare three copies of the screeneheck draft noise technical memorandum. The
screencheck memorandum will be revised (as appropriate) per City comments and three
copies of the Final Noise Technical Memorandum will be submitted to the City.
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May 26, 2004
Mr. Dan Bott
Environmental Coordinator
City of Santa Ana
20 Civic Center Plaza M-93
Santa Ana, CA 92702
Re:
Proposal for Preparation of CO Hot Spot update for the French Park
Neighborhood Traffic Plan Project.
Dear Mr. Bott:
Thank you for considering P&D Consultants for preparation of the air quality update for the.
French Park Neighborhood Traffic Plan Project. For YOur review and consideration, ,P&D
ConsuJtants has prepared a scope of work and cost estimate for the proposed project. Senior
Environmental Scientist Tin Cheung would prepare the Air Impact Report.
SCHEDULE
Pending receipt of the Notice to Proceed, P&D can complete the updated Air analysis in
approximately one month. '
COST
P&D is prepared to complete the CaHne4 CO Hot Spot modeling and update of the report
",ith the results for a cost of $3,000,
P&D welcomes suggestions relative to the revisions and/or deletions of tasks identified
above. Should you have any questions on the scope or costs, please call me at (714) 835-
4447.
Sincerely,
P&D CONSULTANTS, INC.
Tin Cheung
Senior Environmental Scientist
AN AECUM COMl"ANY
C:\Dnctrn'lenl'i and Sc:mjntt-c'.pruiuc\Dcsktop\lcttcrPropoMlsISanta Ana French Park\'I".l"I""" ^fW....... w- "'~A
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05/J5/2004 13:45
714-953-5989
P&D CONSULTANTS
PAGE 133/133
Air Quality
P&D will prepare aJ.1. air qualitY- analysis for the proposed projcct consisting ofthe
following components:
Local MobUe Source Emissions, consisting of analysis of traffic impacts
through comparison to the California and national one-hour and eight-hour
carbon monoxide ambient air quality standards. These impacts will be
evaluated utilizing the CALINE 4 model at up to 12 intersections.
All quantitative aJ.1.a!yses wíll be conductcd in accordaJ.1.ce to procedures set forth
by the Ca]ifomia Department of Transportation aJ.1.d the South Coast Air Quality
Management District (SCAQMD) and compared to the sigrúficance thresholds
established by SCAQMD.
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, 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 ofthe 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 ofthe
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
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
8
------
;\C~fþm.. CERTIFICATE OF INSURANCE ISSUE D¡>.TE (MMIDDIYY)
41112004
.
PRODUCER DM THIS CERTIFICATE IS ISSUED AS A MATTER Of 1NFORMATION 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
CQtilPANY
LETtER A Insurance Co. of the State of PA
CODE SUB-CODE COMPANY
INSURED .A~lq~~~ 1~¿r.A- tETTER B
P & 0 Consultants Inc. A-~3~ l<:tlp CO"",,Arft C
Altn: Judy White LI"-TTER
999 Town & Country Rd.. 4th FL. Æ~~3' ~ COMPANY
Orange, CA 92868 LETTE.R D
COMPANY E
CETT'iR
IlØV.~GE:S ,,,:-- -: :.'. ' , ' ,.X " ', . """, ,', '.., ".;; "..'
" ' " ' ,,'
,"
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ¡>.BOVE FOR THE POLICY PERIOD
INDICATED. NOTWIT11STANOING ANY REQUIREMENT. TERM OR CONDITION OF ¡>.NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTlFICATE MAY BE ISSUED OR OMY 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 NUMSER PQI)C'fef:'~lv~ PQ\,ICyeXI'IAATION ALL LIMITS IN THOUSANDS
,11< DATe(MIN.NV\ ~TE (MWDD/'N
GENERAL UABILITY GEHeAALÞ.GGR!!GATE $
COMr,e¡,CIAl GEN'EAA~ LIABLLITY PFlOOUCTS.COW/OP S AGGREG/\ TIE $
CLAlMSw.OI! """"""''''''' p~SON.I.l &ADVERT1S1NG I~Y $
OWtERS &. CON TRA<;TORS PROTECT I'IE eACH OCCURRENCE $
~ IRE DA"""G E (A!'N 0 IE FIRE) $
MliiDICAL EXPENSE (Mi'/' ONE PERfiON) $
AUTOMOBILE LIABILITY
þ"NV AUTO ""
AU.. OWNED AUTOS 60DlLYINJUFlY
scl"'iECULfO "UTDS (PERPERSC!NJ
H1RI::Do'IUTOS ~Jl~ hÄ., BOO" Y INJURY
NON-OWNED AUTOS. '1../ IPERAÇCIOe:NT)
~ U,GE LlABIU1Y 1/
PROPERT'!' OAWo,GE
EXCESS LIABILITY 5,':TY....".""".','.. EACH AGGREGATE
OCCURRENCE
\ ! UMBRELLA fORM I¡;;:"'ii/;\" "';'....'.. $ $
\"...1 OT\'ER1HI\NUM8REI.L.ÀFOf'lM
$ $
A WORKERS' COMPENSATION 621 2460 (AOS) 4/1/2004 4/1/2006 STATUTORY I~! \7,:./
A AND 521 2461 (CA) 4/1/2004 4'"12005 $ 1,000 (E.t.Ctf. ACCIDENT)
~MPLOYERS' LIABILITY 521 2462 (WI) 4/1/2004 41112005 $ 1,000 IDlWSEPOLICYLIUIT)
$ 1,000 IQISEASEEACHEUPL.O¥EE)
OTH~R
DESCRIPTION OF OPERA TIONSlLOCATIONSNEHICLESlRESTRICTIONSlSI'ECIAL ITEMS: POC"""&4
Job; Environmental ConsultIng Services
CÊ¡mFICA1,EHOLOEil .. ~'.... .".CANÇI~ÚJ\TiQN
SHOULD mv DFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Santa Ana EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City Attorney ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
20 Civlç Conter Plaza (M-29) BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
P.O. Box 1988 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
Santa Ana. CA 927D2-1988 AUTHORIZEO REPRESENTATIVE ~-
" C
ACORO 25-5-'1881 ' : . ~--- . IMCCRC CORPORATION 1988
"I,~ h t:
.'.-w.t'rr
--
.';\
MARSH
CERTI
PRODUCER
Marsh Risk & Insurance Services
CA License #0437153
777 South Figueroa Street
Los Angeles, CA 90017
Altn: Lori Bryson (213)-346-5464
NUMBER
LOS-000418882-08
THIS CERTlFICATE IS ISSUED AS A MATTER OF INFORMATlON ONLY AND CONFERS
NO RIGHTS UPON THE CERTlFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POUCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POUCIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
- -- - --- -
6510 -AECOM-CAS-2005
JWHIT ORAN CA
COMPANY
A ACE American Insurance Company
COMPANY
B
P&D
INSURED
--,-2-Dj:; ---';>;
P&D CONSULTANTS, INC.
999 TOWN & COUNTRY RD., 4TH FL.
ORANGE, CA 92868
~. - .2. ,:;.~,// ~ '3:: t) I
COMPANY
C IJlinois Union Insurance Company
THIS IS TO CERTIFY THAT OF INSURANce DESCRIBED HEREIN BEEN ISSUED THE HEREIN PERIOD
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V\IITH RESPECT TO Vv'HlcH THE CERTIFICATE MAY BE ISSUEO OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS
POUCY NUMBER
;--~O~~~ E;;~C~~~ r-;~UCY EX~;~"~~ 1-----
DATE (MM/DDIVYI ' DATE (MMIDD/VY) .
UMITS
co I
lTR,
TYPE OF INSURANCE
I
."HDO G21702316"
!
!04101105
A
GENERAL UABlUTY
COMMERCIAL GENERAL LlABlLlTY
1 CLAIMS MADE i X i OCCUR I
~~ER'S & CONTRACTOR'S PROT !
!
A AUTOMOBILE UABlUTY
!x I ANY AUTO
I ALL O~EO AUTOS
, SCHEDULED AUTOS
! HIRED AUTOS
_ J NON-OVVNED AUTOS
:'ISA H08012593"
04101105
!
,
!
r:. //.
I F.
':f
GARAGE UAB/UTY
I ANY AUTO
!-! -
'I,. I
EXCESS UABlUTY
C
I UMBRELLA FORM
i OTHER THAN UMBRELLA FORM
I WOR RS COMPENSATION AND
EMPUOYERS'UABlUTY
\ THE PROPRIETOR!
! PARTNERS/EXECUTIVE
OFFICERS ARE
H
04101105
I
I
.J INCl
EXCl
EON G21654693 001
!"'CLAIMS MADE'''
!
;ARCHITECTS & ENG.
I PROFESSIONAL LIAS.
!
04101106
\
!
!
!
04101106
I
!
104101106
I
G_~_ERf.J,_~G~~GE_E l~
I PRODUCT~- C~Pf(?? A_~(3 I~
\ _~~RSO"-AL~~Oy!t}JI..l13~ $
EACH OCCURRENCE $
1~~i~~_~~~~~1-;o~~~efir~) $
$
$
1,000,000
1,000,000
1,000,000
1,000,000
1,000,000
5,000
1,000,000
, MED EXP
one rson
I COMBINED SINGL.E LIMIT
;
! BODILY INJURY ! $
1_ {Per perso~!
i BODILY INJURY $
(Per accident}
! I
PROPERTY DAMAGE $
I. Alj!s! O~!:Y - E_~AC~IDE~_l"
i ()It'E~-.II-!AN_~!JTqgNl '!
E_f'.~HACCIDENT
i - AGGRE~ATE I $
l_EAC~i9C~RR~~_CE_ i $
I AGGREGATE 1$
j' TORY ~IMIT~ 1
!El-EACHACCIOENT --
L~~~!~~~E~~~Jf~- ~!~_IT _ __ r ~
EL DISEASE-EACH EMPLOYEE $
$1,000,000
! PER CLAIMIAGGREGATE
! DEFENSE INCLUDED
!
DESCRIP1l0N OF OPERATlONSlLOCAnONSNEHICLESlSPECIAL ITEMS
RE: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED
FOR GL & AL COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED.
CITY OF SANTA ANA
CITY ATTORNEY
20 CIVIC CENTER PLAZA (M-29)
P.O. BOX 1988
SANTA ANA, CA 92702-1988
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE IMU ENDEAVOR TO MAil -----3..0 DAYS 'v'oRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAil SUCH NOTICE SHAU IMPOSE NO OBLlGAllON OR
LIABILITY OF ANY KINO UPON THE INSURER AFFOROII:IIG COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER Of THIS CERTIFICATE
MARSH USA INC.
BY: David Denihan
.I?~AJf?..,.,MtI'_
C,f,
, ,
POLICY NUMBER: HDOG21702316
COMMERCIAL GENERAL LIABILITY
CG 20 10 03 97
THIS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF SANTA ANA
CITY ATTORNEY
20 CIVIC CENTER PLAZA (M-29)
P.O. BOX 1988
SANTA ANA, CA 92702-1988
ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND REPRESENTATIVES
(If no entry appears above, information required to complete this endorsement will be shown in the Dec/arations as
applicable to this endorsement.)
WHO /S AN INSURED (Section /I) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations for that insured.
'<<://
CG 20 10 03 97
Copyright, Insurance Services Office, Inc., 1996
.
POLICY NUMBER: ISA H08012593
COMMERCIAL BUSINESS AUTO L1AB.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL BUSINESS AUTO LIABILITY COVERAGE PART.
Name of Person or Organization:
Schedule
CITYOF SANTA ANA
CITY A TIORNEY
20 CIVIC CENTER PLAZA (M-29)
P.O. BOX 1988
SANTA ANA, CA 92702-1988
ANY AUTO
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule as an insured but only with respect to liability
arising out of your operations or premises owned by or rented to you.
/;r,i ,
/,,,) i.
///3
;_L
/
CG 20 26 11 85
Documenl3