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HomeMy WebLinkAbout1975-17 CRA ~ .', . .' . ~ . t . HRS :po 12-4-75 RESOLUTION 75-17 A RESOLUTION OF THE COHHUlUTY REDEVELOP!1ENT AGENCY OF THE CITY OF SAnTA ANA APPROVING A1"\ D AUTHORIZING EXECUTION OF A TRAFFIC AND PARKING STUDY AGREEMENT BETWEEN THE REDEVELOP- MENT AGENCY AIm JHK AIm ASSOCIATES WHEREAS, the Community Redevelopment Agency of the City of Santa Ana desires to retain the services of JHK and Associates, a California Corporation, to prepare a traffic and parking study for the Redevelopment Project of the Community Redevelopment Agency within the boundaries that are set out on the map attached hereto and identified as Exhibit "I"; and WHEREAS, JHK and Associates represents that it is authorized and qualified to perform said services for the Community Redevelopment Agency of the City of Santa Ana, and desires to undertake to perform such services. NOW, THEREFORE, BE IT RESOLVED that the Community Redevelopment Agency of the City of Santa Ana hereby approves the Agreement for a traffic and parking study with JHK and Associates, which Agreement is attached hereto and referred to as Exhibit "II", and authorizes the Chairman of the Community Redevelopment Agency to execute said Agreement on behalf of the Community Redevelopment Agency. PASSED AND ADOPTED by the Community Redevelopment Agency of the City of Santa Ana at its regular meeting held on the lOth day of December, 1975. ATTEST: ~.d. JO GARTHE, airman ~~ Executive Director and Recording Secretary APPROVED AS TO LEGAL FOR!1: ~¿ç KEITH L. GOW Agency Legal Counsel STATE OF CALIFORNIA) COUNTY OF ORANGE) sS.: CITY OF SANTA ANA ) I hereby certify that the foregoing Resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at a regular meeting thereof, held on the lOthday of December, 1975, by the following vote to wit: AYES: ME!1BERS: Garthe, Evans, Ward, Yamamoto !1EMBERS: Brandt MEMBERS: Ortiz, Bricken NOES: ABSENT: RICHARD GOBLIRSCH, Executive Director and Recording Secretary c fit 5..11 , ~"-:rTr-'~--"""~"-'~" . , . . MINUTES EXCERPT OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA . MEETING DATE: December 8, 1975 COUNCIL MEMBERS PRESENT: Garthe, Evans, Brandt, Bricken, Ward, . ACTION TAKEN: Yamamoto REDEVELOPMENT AGENCY PARKING AND TRAFFIC STUDY In accordance with the recommendation contained in the report dated December 1, 1975, from the Executive Director of the Redevelopment Agency, Council approved a $lS,OOO contribution from the Civic Center Commission Parking ~ Revenue Fund to the Redevelopment Agency's Parking and Traffic Study, on motion of Councilman Ward, seconded by Councilman Bricken and carried (4-2) with Councilmen Evans and Brandt dissenting, . . STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF SANTA ANA) I, FLORENCE 1. MALONE, Clerk of the Council of the City of Santa Ana, California, hereby certify the foregoing to be a full, true and cor- ., r, ect copy of the minute entry on record in this office. fN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of December, 19 7S. fLORENCE I. MALONE l Form #1 \ , . . '-. . . . =-. . HRS :po 12-1-75 . . (A.~~¡ð A TRAFFIC AND PARKING STUDY AGREEMENT FOR THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA ~ THIS AGREEMENT, executed this ~ day of iliu~~ 1975, at Santa Ana, Orange County, California, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic, hereinafter referred to as the "AGENCY", and JHK & ASSOCIATES, a California corporation, hereinafter referred to as "CONTRACTOR" WIT N E SSE T H: ---------- WHEREAS, the AGENCY desires to retain the services of the CONTRACTOR to prepare a traffic and parking study for the Redevelopment Project of the AGENCY within the bound- aries which are set out on the Map attached hereto and identified as Exhibit "I", which area is hereinafter referred to as the " Study Area"; and WHEREAS, the CONTRACTOR represents that it is authorized and qualified to perform said services for the AGENCY, and desires to undertake to perform such services; WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. EMPLOYMENT OF CONTRACTOR: AGENCY does hereby employ CONTRACTOR to perform the services hereinafter set forth for the Study Area, for the compensation and upon the terms and conditions set forth herein; and CONTRACTOR hereby accepts said employment and hereby agrees to perform each and all of said services for the compensation and upon the terms and conditions set forth herein. 1. etA if -It 2. SCOPE OF SERVICES: The CONTRACTOR agrees to perform each and all of the following tasks: A. Define Data Sources: . (1) The CONTRACTOR shall determine the kinds and amounts of data available from all sources bear- upon traffic and parking problems in the Study Area. CONTRACTOR shall initiate a meeting with representatives . . of the AGENCY, County of Orange, City of Santa Ana, and Orange County Transit District for project orientation and discussions of traffic circulation and parking con- cerns. The CONTRACTOR, with the assistance of the City of Santa Ana's Director of Public Works, shall conduct a field review of traffic and parking problems in the Study Area. (2) The City of Santa Ana's Director of Public Works will supply CONTRACTOR from its files with existing available traffic and transportation data. CONTRACTOR is responsible for the data collection from other public agencies within Orange County. Data that will be utilized by CONTRACTOR shall include, but not . be limited to, City and County Master Plans, existing traffic counts, blue line copies of aerial photographs existing and planned transit routes, traffic improve- . ment plans, and previous parking studies on file with the AGENCY. B. Assemble Data: CONTRACTOR shall assemble data concerning trip generation rates and travel patterns on file with . . various City, County, Regional and State agencies for the Study Area. The Los Angeles Regional Transportation Study (LARTS) shall be a major source of existing transportation planning data for such projections. The County of Orange Transportation Planning Study shall be a source utilized by CONTRACTOR in making said travel demand projections. CONTRACTOR 2 (UlA ~ -It . . shall assemble the following data before conduct- ing the comprehensive parking study: . . L Field inventory forms for on-street and off-street parking. 2. Aerial photographs of the Study Area. 3. Previous parking studies. 4. Existing parking prohibitions. 5. Known locations of parking meters and loading zones. CONTRACTOR shall assemble traffic operational data before conducting the circulation analysis portion ~, of the study. The data collection and analysis will include all of the following: L Traffic counts: manual count of turning movements for all signalized intersections; Major streets (arterials) : and machine counts; by direction of travel for all arterials in the Project Area. 2. Speeds on all arterials. 3. Striping diagrams. 4. Traffic signal timing and traffic signal locations. 5. Accident summaries including collision diagrams. 6. Turn prohibitions and an inventory of one-way street. 7. Pedestrian counts at signalized intersections. The CONTRACTOR shall collect data sufficient to ade- . quately support all conclusions for this study. Even . though the City and County have a data base upon which the CONTRACTOR can build and utilize, the CONTRACTOR is responsible for the correction and accuracy of all data used in reaching conclusions and recommendations called for in this AGREEMENT, except for data collected from the AGENCY and the City of Santa Ana and supplied to the .. , TRACTOR. CON- accuracy of data and report discrepencies to the AGENCY for CONTRACTOR shall make reasonable efforts to verify Clarification. AGENCY, in cooperation with the City of Santa Anæs Director of Public Works, agrees to provide to the extent available, necessary traffic counts, accident information, and traffic signal timing as needed and requested by the CONTRACTOR. 3 (!fA '5-~ ~~ I . . The product of this project task will be a compilation of existing traffic data and deficiencies. Additional data sufficient to complete the study shall be collected by the CONTRACTOR after the deficiencies in the available data have been identified. The data assembled and collected in tasks A and B shall be cbc~ntéd and summarized in tables and maps, and pre- sented in Memorandum Reports to the AGENCY. 'I C. Conduct Parking Study: CONTRACTOR shall conduct an inventory of the length and type of curb parking space on a block by block basis in, the, Study Area. CONTRACTOR shall also conduct an, inventory of all off-street parking facili- ties and shall obtain and supply the following information: Classify public and private parking facilities in the Study Area. Identify the owner or operator of all parking facilities. Identify the number of stal~available by site. Identify the number of levels for each parking structure. Indicate the business hours for each parking facility. . ldentify whether attendant or self-parking operation. Identify parking rates for each facility. Curb and off-street parking supply shall be summarized . in tabular form and on aerial photo maps. Blue line aerial photo maps and original mylar maps of the Project Area have been supplied by the City of Santa Ana's Director of Public Works. CONTRACTOR shall conduct a curb and off-street parking . 8 occupancy study during the week and on a Saturday or Sunday. Occupancy shall be determined on an hourly basis between 8:00 A.M. and 6:00 P.M. CONTRACTOR shall conduct a parking turn-over study for the Project Area south of Washington Avenue. Turn-over studies shall be conducted during the hours 4. C R~5...A L between 7:00 A.M. and 6:00 P.M. and at not more than fifteen (15) locations randomly selected by CONTRACTOR and approved as to number and location . . by the Director of the AGENCY. A limited origin and destination interview of drivers of parked vehicles shall be conducted in the vicinity of the Civic Center and the remainder of the Study Area. CONTRACTOR shall provide the AGENCY with the answers received to questions on parking and driving patterns as well as information on I ., driver's origin, destination, trip purposes and frequency. The interviews shall be conducted between 7:00 A.M. and 6:00 P.M. on week days during peak periods. The product of this task shall be two (2) Memoranda documenting the research-design and results of the study, and the availability of curb and off-street parking for the Study Area. The first Memorandum shall deal with the entire Study Area, while the second shall identify the problems in the Civic Center area only. For the purposes of the latter Memorandum, the Civic Center is defined as shown in the attached Exhibit "II", inclusive of the City, County, State and Federal building complex, Heritage Square and the OCTD Multi Modal terminal site. D. Develop Future Travel Demands: . CONTRACTOR shall develop estimates of travel demands and resultant traffic volumes based upon the planned . land uses for the Study Area for 1975-1985 based on LARTS and County of Orange sources. The traffic projection process shall consist of the following: . 8 Development of trip generation rates and modification of existing rates to represent future conditions in Santa Ana and Orange County during the period 1976-1985, inclu- sive. The study area shall be divided into appropriate transportation planning zones (not to exceed 20 in number) and utilize LARTS and the County of Orange transportation study reports. The study will estimate the number of work and non-work trip ends by zone; develop distribution of trips, set out in appropriate flow charts with traffic distri- bution curves; indicate the development of parking occupancy rates; show mode split per- centages for transit ridership projections; 5 ceh'5"'1} . . analyze the planning data developed for the Orange County Multimodal Transportation Terminal; show the comparison of public transit trips to vehicle trips for the Project Area; and develop a future traffic demand spider transportation network system. E. Conduct Circulation Analysis: CONTRACTOR, using the existing data base assembled in tasks A through D shall analyze the internal traffic . circulation for the City of Santa Ana's major arterial system as it pertains to the Project Area. Analysis shall include determination of the level of service of existing streets and intersections, operation of the existing traffic control systems, access capabilities to public and private parking facilities, and existing traffic patterns from the Santa Ana Freeway interchanges to the Civic Center. CONTRACTOR shall identify the possible methods of improving traffic circulation for the Santa Ana Boulevard corridor between the Civic Center and the Santa Ana Freeway. The reports supplied by the CONTRACTOR in this task shall present the base data for the analysis of the present transportation system, parking facilities, land uses and environmental . information such as air quality and noise conditions. Existing traffic characteristics and roadway deficiencies . shall be identified along with traffic accumulation problems. F. Test Alternative Network.: CONTRACTOR shall develop three (3) alternative street networks for the Study Area. Alternative networks . I shall be analyzed and evaluated relative to effective- ness in relieving existing traffic problems and ser- ving projected travel demands. This project task shall utilize the results of the circulat:i."pn analysts study and suggest the structuring of super blocks for the Study Area. Innovative traffic management and 61.. UI} s-iT control strategies shall be explored and evaluated. A composite street network incorporating the most . . advantageous features of the three alternative street networks shall be proposed by the CONTRACTOR. CONTRACTOR shall hold meetings with appropriate agencies, in particular the State Department of Transportation and the County of Orange. The alter- native network impact on the County's arterials and '. the State Freeway System shall be identified by the CONTRACTOR. G. Analyze Parking Conditions: CONTRACTOR shall use the parking inventory data from the above tasks to determine the existing parking conditions in the Study - Area. From the future land use and traffic projection analysis, a parking demand shall be determined. CONTRACTOR shall analyze the existing parking supply and parking demand on a block by block basis for the Study Area. The magnitude of deficiencies shall be documented in tables and maps for both the curb and off-street facilities. The need for additional parking controls in the Study. Area, such as prohibitions against parking, . the need for meters, the time limit zones for . parking, etc. shall be provided by CONTRACTOR. The adequacy of the City Zoning Ordinance shall be reviewed and off-street parking requirements in connection with new construction shall be considered. . , From the supply and demand data and summary tables presented by this study, CONTRACTOR shall determine potential locations for additional parking facilities or strategies to reduce parking demand. CONTRACTOR shall further analyze each such potential location for its ability to serve the adjacent land uses. The CONTRACTOR shall estimate the cost to provide additional parking facilities and determine possible fee schedule alternatives to arrive at estimated revenues. 7 c.. t OS" t4 CONTRACTOR shall use all available current on-street and off-street revenue data records. If available, the . . AGENCY shall supply Santa Ana's revenue data to the CONTRACTOR. CONTRACTOR shall be responsible to obtain other available revenue data from appropriate private and public sources. Recommended Improvements: CONTRACTOR shall develop specific recommendations for H. I I improving street networks. The recommendations shall include suggestions for short-range improvements and projections for an efficient long-range street net- work. Recommendations shall include major improve- ment projects such as street realignments, widenings, closures, centralization of signal control, and opera- tional strategies such as one-way streets, exclusive bus lanes, bus signal preemption, auto-free zones, bicycle and pedestrian paths and walkways. The circulation analysis recommendations, and the results of the parking study and strategies will form the initial effort towards providing a parking management plan for the AGENCY. CONTRACTOR shall make recommendations to reflect parking . management strategies that are realistic for the short term and long range needs. Management of existing parking facili- . ties, together with the need for new facilities, shall be explored. Environmental analysis of air quality and noise impacts shall be included in the parking study. CONTRACTOR shall"analyze the requirements of the Study Area both on the short and long-range basis and, in . I addition to recommendations for employee parking, shall make recommendations for additional off-street parking facili ties. CONTRACTOR shall make specific recommendations for park- ing facility locations. Sketch plans shall be developed 8 UP, '5 -~ ./ to show the location, size, access, and egress for each suggested facility. Such recommendations . . shall consider the possible future loss of curb parking space which may be required to provide increased traffic capacity within the Project Area. For any recommended parking facility, CONTRACTOR shall estimate the unit cost in current dollars, including land acquisition and facility construction 'I costs and recommend methods for potential funding for the construction of such parking facility. Recommendations for modifying the City of Santa Ana's Zoning Ordinance to reflect current parking require- ments shall also be made. In addition to the above, the CONTRACTOR shall determine the percentage of private employees in the study area who use buses in and out of the Civic Center. Recommen- dations regarding exclusive bus lanes and a bus signal pre-emption traffic program shall also be included in the study. Furthermore, the CONTRACTOR shall determine the demand for parking in the Study ~ea and how that demand will effect the Orange County Transit District's transit terminal parking facilities. . 1. Preparation of Final Report: THE CONTRACTOR shall prepare a final report document- . ing CONTRACTOR's work for the entire project. The final report will build upon the Memoranda and the progress reports generated by the CONTRACTOR during the study and shall document the following: . I Work effort and time put into study. Existing traffic and parking conditions. Traffic and parking problem identifica- tion and analysis. Parking and other related inventories conducted. 9 C. tA t¡;-It . . I . . I Alternative parking and traffic analysis. Parking management strategy development. Environmental considerations of air quality and noise impact. Financial and economic implications of recommendations. The final report shall include graphic descriptions of the data elements used in this study and recommended transportation, traffic and parking improvements. The CONTRACTOR shall develop a separate technical report for the Civic Center area. The technical report shall include all elements noted above for the final report and be specifically related to the Civic Center. The CONTRACTOR shall furnish seven (7) copies of the final report and seven (7) copies of the technical report for the Civic Center plus original photo ready copies of all single color graphics to the AGENCY. In addition to the final report and the technical report noted above, a summary report of the entire study area and one summary report specifically for the Civic Center shall also be developed. The summary reports shall each be between 10 to 16 pages in length. Graphics for the summary reports shall be camera ready and both multi color and single color. The AGENCY shall receive and~pprove all_./ preliminary and final camera ready originals and will pri~ copies. ~y~ Mockups of the final andMsummary reports shall be presented by CONTRAC~ to AGENCY on or before ~ 12, 1976, for final approval. In summary, Ji the following reports will be required to be submitted to the AGENCY by the CONTRACTOR: (1) Monthly progress reports. (2) A final report on the Project Area (seven (7) copies and a camera ready copy). (3) A technical and final report on the Civic Center area (seven (7) copies and a camera ready copy). A summary report on the Project Area (one (1) camera ready original). (4) (5) A summary report on the Civic Center area (one (1) camera ready original). A copy of each of the above items, numbers one through three (1-3) shall be mailed directly to the County of Orange. Upon receipt by the AGENCY, the AGENCY shall make distribution of items four and five (4 & 5) to the County. 10 C tA- ~ "It . . I . . , J. Meetings and Submittals: The CONTRACTOR shall attend monthly and other designated formal staff meeting of the AGENCY and other involved agencies, approved by the Director of the AGENCY, not to exceed a total of eight (8) meetings. CONTRACTOR shall also participate in formal public presentations, not to exceed a total of five (5). Additional informal meetings with staff members of the AGENCY and other involved agencies will be conducted on a weekly basis or as directed by the Director of the AGENCY. The AGENCY shall provide CONTRACTOR with reasonable notice of formal meetings and will give reasonable consideration to CONTRACTOR's schedule in arranging such meetings. 3. TERM OF AGREEMENT: The term of this Agreement shall be from the lOth day of December, 1975, to the 10, th day of June, 1976. The contract may be extended by mutual agreement of all the parties concerned from month to month thereafter or as terminated as hereinafter provided below. 4. TERMINATION: This Agreement may be mutually amended or unilaterally terminated by AGENCY upon thirty (30) days written notice to CONTRACTOR. The amount due the CONTRACTOR by reason of termina- tion shall be a percentage of the sum to which the CONTRACTOR would be entitled upon completion of all work under this Agreement equivalent to the percentage of completion of the project tasks set out in this Agreement. In the event of a partial termina- tion, the portion of said sum which is payable with respect to the work under the continued portion of the Agreement shall be equitably adjusted by an agreement between the CONTRACTOR and the AGENCY, and such adjustment shall be evidenced by amendment to this Agreement. 11. CtA'S-A . . I . . I Without limiting the generality of the foregoing, it is agreed that AGENCY may terminate the whole or any part of the Agreement if the CONTRACTOR fails to perform any of the provisions of this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and, in either of such events, does not correct such failure within a period of ten (10) days (or such longer period as AGENCY may authorize in writing) after receipt of notice from AGENCY specifying such failure. 5. PAYMENT AND FISCAL CRITERIA: The AGENCY agrees to pay to the CONTRACTOR, and the CONTRACTOR agrees to accept from the AGENCY, the total sum of Forty Four Thousand Dollars ($44,000.00) for all services to be performed by CONTRACTOR hereunder, including, but not by way of limitation, all direct and indirect expenses for administrative costs of labor and professional services such as transportation and associated expenses, office overhead, telephone, secretarial services, printing and duplication costs, special equipment rental, special project supplies, computer time, special legal fees, and subcontractor's fees, Said sum of Forty Four Thousand Dollars ($44,000.00) shall be payable in monthly installments, provided each progress billing is consistent with the percentage of work actually completed. It is expressly understood by all parties that services for which payment will be made must be supported by adequate documentation, including specification of man days and hours devoted to each task, actual salary costs as defined by the American Society of Civil Engineers and "Manuals and Reports on Engineering Practices No. 45" dated July, 1972, and subcontractor fees, at cost, plus five (5) per cent. Upon completion delivery and acceptance of services, the CONTRACTOR shall submit a requisition to the Director of the AGENCY, or his designated repre- sentative, specifying the percentage of work completed, the date completed, and describing the services performed. The AGENCY shall -12- C/(d £-Id-- . . I . . 8 make payment on approved requisition within thirty (30) days of the receipt of the requisition if said requisition is submitted by the fifth (5th) of said given month and approved in writing by the Director of the AGENCY that such work has been completed. All compensation disbursements shall be paid to CONTRACTOR at the following address: JHK and Associates 275 Fifth Street San Francisco, Ca. 94103 ~ Attention: Mr. Walter B. webfer 6. ASSIGNABILITY AND SUBCONTRACTING: By execution of this Agreement, AGENCY approves PBQ&D Inc., 2323 North Broadway, Santa Ana, California, and LeBlanc & Company, 22 Battery, San Francisco, California, as the only subcontractors of CONTRACTOR. CONTRACTOR agrees to include all the terms of this Agreement in each contract with each and every of its authorized sub~contractors. No performance of this Agreement or any portion thereof may be further assigned or sub- contracted by the CONTRACTOR without the express written consent of the AGENCY and any attempt by the CONTRACTOR to assign or sub- contract any of the terms of this Agreement without the express written consent of the AGENCY shall be null and void and shall constitute a breach of this Agreement. The CONTRACTOR shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation) without prior written approval of the AGENCY; provided, however, that claims for money due or to become due the CONTRACTOR from the AGENCY under this AGREEMENT may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer shall be furnished promptly to the AGENCY. 7. LIABILITY: It is agreed by the parties that the CONTRACTOR and its associates are independent contractors and not employees of the AGENCY. The CONTRACTOR shall be responsible for all injuries to 13 ~tA ~ -p, . . I . . 8 persons and for all damage to property of the AGENCY or others caused by or resulting from the acts or omissions of itself, its employees, or its agents during the progress of or connected with the rendition of services hereunder, and shall defend and hold harmless and indemnify the AGENCY, the City of Santa Ana, and all officers and employees of AGENCY and the City of Santa Ana from all costs, claims and suits for such damages or injuries, however caused, arising from the CONTRACTOR'S performance of work under this Agreement. The CONTRACTOR shall be fully responsible to the AGENCY for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by it, as it is for the acts and omissions of persons directly employed by CONTRACTOR. The CONTRACTOR shall insert in each subcontract appropriate provisions requiring compliance with the scope of services standard provisions of this Agreement. 8. MAINTENANCE AND INSPECTION OF CONTRACTUAL RECORDS: In accordance with generally accepted accounting princi- ples, the CONTRACTOR agrees to maintain full and complete records of the cost of services performed under this Agreement. The CONTRACTO~ agrees that the AGENCY, or any of its duly authori~ed representatives, shall have access to and the right to examine, audit, excerpt and transcri~e any directly pertinent transactions relating to this Agreement. Such materials must be kept and maintained for a period of three (3) years after termination of this Agreement, or until an audit is completed by the AGENCY and all questions arising therefrom are resolved, whichever is sooner. The CONTRACTOR agrees to keep and maintain all records prescribed by the AGENCY, and any other records that may be required by other laws or regulations of the State of California or the City of Santa Ana. 9. CORRECTION OF WORK: The performance of services by the CONTRACTOR shall not 14. C! t,¡;} '5 "1+ . . I . . I relieve the CONTRACTOR from any obligations to correct any in- complete or inaccurate work at no cost to the AGENCY, When 1 such inaccuracies are due to the negligence of the CONTRACTOR provided such work has not been accepted in writing by the Director of the AGENCY. 10. CERTIFICATION OF NON-DISCRIMINATION: The CONTRACTOR certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR agrees to take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the AGENCY setting forth the provisions of this non-discrimination clause. The CONTRACTOR will, in all solicitations or advertise- ments for employees placed by or on behalf of the CONTRACTOR state that all qualified applicants will receive consideration for employment without regard to race, color, religion, or sex, or national origin. The CONTRACTOR agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 15 UA-S-~ . . ,.. . . . Q' . 11. AGENCY'S DATA AND COORDINATION: The AGENCY'S data on parking, traffic and transportation shall be made available by the Director of the AGENCY to the CONTRACTOR when deemed necessary to fulfill the purposes of this Agreement. The CONTRACTOR shall be responsible for collecting data not available from the AGENCY. The CONTRACTOR shall be responsible for its own staffing and outside office usage. The AGENCY will in turn act as a liaison between JHK & Associates, the City of Santa Ana, the County of Orange, the Orange County Transit District, and other appropriate public agencies. 12. OWNERSHIP OF MATERIALS AND DOCUMENTS: Any and all sketches, drawings, tracings, field survey notes, computations, detail and other materials and documents prepared by the CONTRACTOR shall be the property of the AGENCY from the moment of their preparation and the CONTRACTOR shall deliver such materials and documents to the AGENCY whenever requested to do so by the AGENCY. 13. CONFLICT OF INTEREST: For the duration of this Agreement, the CONTRACTOR agrees not to act as a consultant or perform services of any kind for any person or entity other than the AGENCY or the City of Santa Ana in regard to the Study consent of the AGENCY. Area without the prior written 14. NON-DISCLOSURE : The designs, plans, reports, investigations, materials and documents prepared or acquired by the CONTRACTOR pursuant to this Agreement (including any duplicate copies kept by the CONTRACTOR) shall not be shown to any other public or private person or entity except as authorized in writing by the AGENCY. The CONTRACTOR shall not disclose to any other public or private person or entity any information regarding the activities of the AGENCY, except as authorized in writing by the AGENCY. 16 c,tl ~ .. Pr . . . . . . t . , 15. VALIDITY: The invalidity in whole or in part of any provisions of this Agreement shall not void or effect the validity of any other provisions of this Agreement. 16. NOTICES: Notices to the parties shall, unless otherwise requested in writing, be sent to the AGENCY in care of the Recording Secreatry of the AGENCY, 20 Civic Center Plaza, Santa Ana, California 92701, and to the CONTRACTOR at 275 Fifth Street, San Francisco, California 94103, Attention: Mr. Barnard C. Johnson. 17. CHANGES: The AGENCY may from time to time request changes in the Scope of Services of this Agreement to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the AGENCY and the CONTRACTOR will be incorporated in written amendments to this Agreement. The Project Manager for JHK and Associates will be Edward J. Ruzak, 1617 Seventeenth Street, Suite 30, Santa Ana. The CONTRACTOR agrees not to change project managers without receiving the written permission of the AGENCY. 18. WORKER'S COMPENSATION INSURANCE: If CONTRACTOR now or at any time during the course of this Agreement qualifies as an employer under Labor Code Section 3300, unless the employee(s) he hires come(s) within those persons excluded under the Labor Code, CONTRACTOR shall furnish AGENCY and the City of Santa Ana with an insurance certificate from his worker's compensation insurance carrier certifying that he carried such insurance, and that the policy shall not be cancelled nor the coverage reduced except upon ten (10) days prior written notice to AGENCY and the City of Santa Ana. 19. LAWS GOVERNING THE AGREEMENT: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 20. EXCLUSIVITY OF AGREEMENT: This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to employment of the CONTRACTOR by the AGENCY and contains all the covenants and agreements between the parties c,i/J- ~ -Pr 17 . , . . . , . with respect to such employment in any manner whatsoever. 1 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, and that no other agreement- shall be effective unless executed in writing and signed by both the AGENCY and the CONTRACTOR. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA BY+)8~ Jo Garth, ChaJ.rman "AGENCY" ATTEST: ~~~ Executive Director and Recording Secretary JHK & ASSOCIATES B~~ "CONTRACTOR" APPROVED AS TO FORM: ,~-t~ Keith L. Gow AGENCY LEGAL COUNSEL 18 (!, ¡¿ Þ, '5 ' 1+ P' - ..'.:: . . . . . . . . . , . EXHIBIT I REDEVELOPMENT STUDY AREA ~A'-S.A - ,-..- ..---.- - --. '1"'1 YINHO:lI1Y:) YNY YlNW ~31. N 3~ ~I^I~ 3ÐNYHO :10 AJ.Nnoo J L--J '--- "'0" - Jl Lr ~~ D~l -- m/ÆD[ , 'mull 0"" ...... ..". .. II ,LIgIHX:;¡ .. ..... - - --- ---- -- -.. - ... - - - - - --.... ......- '.- -- --.. -.. -..... --.... --.... .---'. ___'I ---- .. ,- '. "_" --.. -- .. --.. -- ..--.. .... - - - .... - ---'..... ~ --- -- - - - - - --..... - __'1- oan c---- -..... -- ..... --- - - ---.. ..... --- ..... - - -..... --- --- --- -- -.-.... --..... - -..... .... -... - - ..... - .. .... - - - - - I.~~ 1t OJ"'" DO . ... "110 . . . --- --- --.-- . ~ . .(I