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HomeMy WebLinkAboutEIP ASSOCIATES 6AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effiaP Epi 12 € a' q5 ANA Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-52 if yon have any questions. `'' The agreement withNo.-0�1[�� l 11-67— was completed ofi 'u�r and final paymen as been O Department: Signature Date: City of Santa Ana Revised 8-7-03 Clerk of the Council INSURAW"[ ieJl M VILE A-2006-021 +Ji PROCEED OF COUNCIL CONSULTANT AGREEMENT ATE: 3 7 LTFIIS AGREEMENT, made and entered into this 6°i day of February, 2006 by and between EIP Associates, a California corporation (hereinafter "Consultant"), and the City of Cl k tr) 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 preparing Environmental Impact Reports and related technical 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: SCOPE OF SERVICES Consultant shall perform those services necessary to preparation of an Environmental Impact Report and related technical studies for the First and Fourth Streets Study Area, 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 Consultant's Fee Proposal, attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $391,200.00 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 upon certification of the final EIR, unless terminated earlier in accordance with Section 12, below. 4. WORK PRODUCT Consultant shall deliver to City all work -product which results from 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 any 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, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers also agree that (a) other 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 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. 5. 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, ajoint 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 negligence and/or willful misconduct 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 due by reason of the terms of or effects arising from this Agreement, to the extent caused by the willful or negligent misconduct of Consultant or its contractors, subcontractors, agents, employees or other persons acting on their behalf. 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, to the extent caused by the negligence or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees or other persons acting on their behalf. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. 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. 10. 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 L, and telefacsimile (714) 973-1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: EIP Associates 12301 Wilshire Boulevard, Suite 430 Los Angeles, California 90025 Telefacsimile (310) 268-8175 Attn: Terri Vitar A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. 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. 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: PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: �I A Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. R AM City Manager EIP ASSOCIATES ICe r,R �?�, 'A� - Employer ID# 94-1710558 EIP January 6, 2006 Karen Haluza 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, CA 92702 Subject: First and Fourth Street Corridors Mixed Use Overlay Zone EIR Dear Karen: Based on our meeting with the City of Santa Ana and Shea Homes on January 4, 2005, EIP is providing a bulleted list of any information that was not included in the MV&P Submittal Package dated December 8, 2005 and that would be required to complete a stable and complete project description for use in the Environmental Impact Report (EIR). In addition, we are providing a general list of potential items/events that could delay the project schedule. Lastly, we are attaching a copy of the revised schedule that projects completion of the EIR within nine months of the anticipated receipt of the development application. Necessary Infonnatron Please note that many of the items listed below may be answered by information included within the development application. However, in the interest of expediency, we are providing the following informational needs list based on the documents that EIP currently possesses (i.e., the December 8' MV&P Submittal Package): • Acreage of the Shea Homes site. Based on our estimates, the site is approximately 9 acres in size, but a more exact number is preferable. • Anticipated construction schedule (e.g., 12 months). If possible, please separate the construction period into phases, such as grading/excavation, foundations, building construction. • Anticipated opening of the proposed project to residents and businesses. • Number of new employees associated with the commercial portion of the proposed project. • Anticipated construction equipment usage during each phase of construction. To the extent possible, we would like a list of the number and types of heavy equipment to be used during construction. EIP can make general assumptions based on our experience, however certain items, such as whether pile driving (impact or vibratory) will occur, should be provided. • Anticipated number of construction workers during each phase of construction to the maximum extent possible. Again, EIP can make assumptions based on our experience, but if a more exact number is available, that would be preferable. EIP ASSOCIATES 12301 WILSHIRE 9OULEVANO SUITE 430 LOS ANGELES, CA 90025 T,I,pGonr 310 265-8132 Facri,O1, 310 263-3175 E-n�ni/ In C�rip¢rsodsru.ra n� uu n.rip n.emNnay.rom Karen Haluza January 5, 2006 Page 2 of 3 • Electronic copies of the conceptual site plan and elevation drawings. • The Phase I and soils report that have been prepared for the project site. This item was discussed in the January 4" meeting and is to be provided by Shea Homes. • Any information gleaned from meetings with local public service (Police and Fire) or utility providers (Water, Wastewater, Solid Waste, Electricity, Natural Gas). • Water Supply Assessment (to be provided by the City after preparation of the IS/NOP) • Traffic Report (to be provided by the City after preparation of the IS/NOP) Potential Causes ofDelayin the Project Schedule The following is a general list of the items/events that would cause potential delays in the attached accelerated EIR schedule: • Changes in the number/type of uses to be constructed under the proposed project • Changes in the orientation of proposed structures at the project site. • Changes in vehicular access points (both internal and external), as well as entrances to parking structures. Any modifications of this type would potentially require changes to the traffic report's future traffic volumes which would also require a subsequent reevaluation of the operational noise and air quality analyses. • When providing comments, a consolidated list of comments would be preferable. If this is not possible, EIP will need to understand whose comments will override another's should a conflict of opinion occur. • If the FAR for the Makar portion of the proposed project exceeds the City's established maximum FAR for the current zoning, additional analysis of land use issues beyond what is currently scoped out would be necessary. • Delayed receipt of final versions of the WSA and traffic report. • Executed contract between City and EIP. At the current time, we do not have an executed contract but are operating under an electronic notice to proceed with a not - to -exceed budget. • A large number of comments (greater than 150) received during the public review period for the Draft EIR. • The need for extended review of the Admin Draft EIR, Screencheck Draft FIR, or Admin Draft Final FIR by Shea Homes or the City. • Lack of response from public service or utility providers. EIP ASSOCIATES 12301 WILSHIRE BOULEVARD SUITE 430 LOS ANGELES, CA 90025 Tarp Gan,- 310 265-8132 Fnuin+if. 310 268-8175 E-nmi( !„@eipa.vuai¢ru.ra n, a„m.eipnu......,. ro,n Karen Haluza January 5, 2006 Page 3 of 3 Accelerated Schedule At Shea Homes' request, EIP has also provided the attached EIR schedule which has been accelerated to achieve completion of the EIR process within nine months. EIP believes that this schedule is possible but will require consistent and efficient coordination of the project team (City staff, EIP Associates, Shea Homes, and Makar). If you have any questions, please feel free to give Chris Mundhenk or myself a can at (310) 268-8132. Sincerely, EIP Associates Terri Vitar Regional Manager Attachments: Accelerated Schedule Chris Mundhenk Associate Manager EIP ASSOCIATES 12301 WILSHIRE BOULEVARD SUITE 430 LOS ANGELES, CA 90025 Tdnph,,,, 310 268-8132 FrsrtiraiI, 310 268-8175 E -moil In C+�ripauo�iar�. nom ...+�w. rlpnuo, inu..onm C _.1 C, B - �$�pSRSS� noN lolo! .^.BR E 3 uollwlqulwptl 8 louuap � E F' m R P Y gy Ea„ s >gI S s 8 o loaluuaai q>9 A S auola mlu•s � 3 a Falu4,a1 E 8 a valga APa•aa _R _A S_ _ »S vena � u I loalu4aay €� 8 .". LL f� T '. V•h+a Y a € a a agm.�g°oa.a s •�8 8=�s 9g��€8gag � •,�, a � o eoo� �: Ws 4�Eo gs�_g5- c o: "s FS _ �a c�f3�VF R' �" g➢ g8:9 @i'n'.a Ez :spAx� '-ami c='e'EF ` g 5 e§ < Y oy go •€ ee•�n.m_b ��s 'r8s'?�.a <` ppm ou 5'a .es �g�o _= gsoe a d abm.agy s"= 3ye< ya a'o ��_Eas`a5 •"^_________ ^EXR c`s9c� cssi° "ash e y�bda W E 2M EIP Proposal to Prepare an EIR and Provide Planning Consulting Services for The First and Fourth Street Corridors Mixed -Use Overlay Zone January 6, 2006 Section 1. PROJECT UNDERSTANDING It is our understanding that the City's objectives forth is project are to create general plan and zoning tools that will allow a mix of land uses to complement and support increased development intensity in this area. The City desires to facilitate new development consistent with this objective by completing the necessary planning and environmental analysis up front including a general plan amendment, zoning code amendment, and the required environmental review and analysis. This project was precipitated by two pending proposals for mixed use projects that include high-density residential and the need for the City to establish appropriate regulatory tools to review and evaluate these proposals within the context of a cohesive and integrated development strategy for the Overlay Zone area. Generally, we understand that the project will have the following components: • Program level of analysis for the 200+ acre planning area as well as project specific analysis for the Arnel property, currently optioned to Shea Homes, and the Capital Pacific/Makar property which is the old Racquetball World site. We understand that Capital Pacific also may look to develop other properties within the Overlay Zone though no other specific locations have yet been identified. • A 9-12 month project schedule. • Analyze the impacts of an overall FAR of 2.0 within the project area at a maximum residential density of 90 units/acre, as currently permitted in the District Center land use designation. • Analyze the short-term impacts (for project specific components), then long term impacts (to 2030) for programmatic components. • A general plan amendment and zone change. Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Section 2. SCOPE OF SERVICES AND TASK DESCRIPTIONS EIP will take responsibility for project initiation and organization, data compilation, impact assessment, development of mitigation measures, report compilation and distribution, monitoring and review for CEQA adequacy, preparation of all required notices, attendance at public meetings and hearings, response to public comments, coordination between City staff and the EIR project team, and the preparation of a mitigation monitoring plan. In addition to ourwork on the EIR, EIP will provide planning consultation services to assist the City in preparation of the General Plan Amendment and development of the Mixed Use Overlay Zone as described in Subtasks if -1 i below. Katz, Okitsu & Associates (KOA) is joining EIP on this project for the preparation of a technical traffic study. Report format and content will be in full compliance with CEQA (as amended through the date of submittal of the draft EIR), the State CEQA Guidelines (also as amended through the date of submittal of the draft EIR), and the City's environmental guidelines and procedural requirements. General EIR organization will include a discussion of existing conditions, impacts, and mitigation measures for each affected issue area. Text will be supplemented with graphics and summary tables, as necessary, to present information in a concise and easily understood format. Work products will consist of professionally photocopied reports (on recyclable paper, double -sided) in comb bindings, unless the City requests other presentation formats. All work products will also be submitted in electronic format on CDs and will be prepared using Microsoft Word for all documents. For purposes of this scope of work, schedule, and budget, it is assumed that the environmental document will be prepared at a programmatic level of detail for the majority of the mixed-use overlay zone, with the exception of two discrete projects (Arnell Properties and Capital Pacific/Makar) that will be addressed at a project -specific level of detail, to the extent that available information and data permits. Refer to Section 3 of this proposal for a detailed description of the proposed EIR schedule and associated products/deliverables, and refer to Section 4 of this proposal for our estimated fee. TASK 1: PROJECT INITIATION AND ORGANIZATION The objectives of this task are to compile the relevant background data and reports, define the proposed project for use in the environmental analysis, compile a list of cumulative projects, identify all discretionary actions, establish early communication among various project team members, and familiarize the EIP project team with the issues and concerns that the City wishes analyzed in the EIR. Subtask 1a: Refine Scope of Work Following a written notice to proceed from the City, the EIP Project Manager will meet with the City to refine the scope of the EIR, if necessary and EIP's role in the issues analysis for a General Plan Amendment and Zone Change. Any revisions to the scope of work may require a commensurate revision to the proposed cost. EIP will also work closely with City staff to develop and refine the proposed schedule. Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlav Zone Subtask 1 b_ Compile Background Data and Prepare Proiect Description EIP will work with the City to compile all relevant information describing the proposed mixed use zone (MU zone) and the two project sites, including detailed site plans, land use data, project characteristics, project objectives, site photographs, aerial photographs, graphic renderings sufficient to depict the MU zone's appearance and character, previously -prepared reports (such as those already prepared by the Applicants and/or data describing the projects). If an expedited project schedule is necessary, EIP will submit a list of required data to the City and/or the Project Applicants within five days of issuance of a written notice to proceed. By submitting the data request at project commencement, all relevant documents can be provided to EIP at the kick-off meeting, and any necessary explanatory discussion can easily occur. In the event that certain data is not readily available, EIP will work with the City to devise another approach to complete the environmental analysis with a focus on achieving the project schedule. Subtask 1c: Identify Project Alternatives and List of Cumulative Proiects EIP will work closely with City staff to develop and refine three project alternatives sufficient for use in the alternatives section of the EIR. It is expected that these alternatives will include the no -project alternative (consisting of both the no project/no development alternative and the no project/reasonably foreseeable use alternative per Section 15126 of the 2000 CEQA Guidelines), a reduced size alternative, and another alternative that will be defined at a later date. In addition, EIP will work with the City to develop a list of cumulative projects for use in the cumulative impacts analysis, which will be presented in the environmental issue area sections following each impact discussion. With the assistance of City staff, EIP will also identify all discretionary actions required for project approval. Subtask 1d: Coordinate and Attend Project Kick -Off Meeting EIP will attend a "kick-off' meeting with the City, any appropriate subconsulting team members, and the Project Applicants (if requested by the City) to disseminate the relevant project information, such as technical reports, background data, and project characteristics, and to discuss the project schedule. This meeting will also be used as a forum for discussing the key issues and concerns that confront the proposed project. The kick-off meeting is a critical step in the environmental process, as it provides an opportunity for team building, consensus building, and information exchange. In effect, this meeting "sets the tone," and provides the foundation for the successful completion of the environmental document. Subtask 1e: Prepare Sample EIR Sections As part of Task 1, EIP will also prepare a Table of Contents for the EIR and establish the format for the EIR technical sections. These products will be provided to the City for review, comment, and refinement within one week of the kickoff meeting. Subtask 1f: Review Existing Development Regulations & Overlay Zones EIP will review the City's current general plan, development regulations, and relevant policy documents for the project area. In addition, we will conduct a search to determine if there are other overlay zone approaches that may be appropriate for the circumstances of the proposed project area (mixed uses, development intensity, and status of non -conforming properties). A memorandum summarizing these findings will be prepared for use in Subtask 1g. Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Subtask 1g: Establish the Framework for a Mixed Use Overlay Zone Based upon the findings of its review and research and discussions with City staff, EIP will develop a preliminary framework for the Mixed Use Overlay Zone to include the following: • Maps showing the location of recommended land uses and development intensity • Land Uses • Building Height • Building Setbacks/build to lines • Floor Area Ratio • Lot Coverage • Status of Non -Conforming Properties and Uses; • Application of Standards (i.e. FAR by parcel or Areawide) • Review of Development Within the Overlay Zone • Other standards as recommended by City staff Subtask 1h: Prepare Components of the General Plan Amendment When the components of the Mixed Use Overlay Zone have been determined, EIP will prepare an assessment of the changes to be made to the General Plan to facilitate the proposed Overlay Zone including maps that show the changed land uses and development intensity. Subtask 11: Prepare Recommended Overlay Zone and GP Amendment Components As the final component of the Planning services, EIP will compile the City's feedback on the proposed overlay zone and general plan components and prepare recommended language for the Overlay Zone and the General Plan Amendment. The recommended language will be formatted to be integrated into the City's Zoning Code and General Plan to effectuate the proposed zoning code amendment and general plan amendment. OUTPUT 1. Submit a Scope of Work and Cost Estimate for inclusion in the contract. 2. Prepare a data request for submittal to the City and/or the Project Applicants prior to the kick-off meeting. 3. Prepare a list of contact information for all EIR project team members, including names, roles and responsibilities, addresses, phone numbers, and facsimile numbers for submittal to the City and/or the Project Applicants prior to the kickoff meeting. 4. Prepare a Table of Contents for the EIR and a sample format for the EIR's technical sections for submittal to the City and/or the Project Applicants within one week of the kick-off meeting. 5. Prepare a draft project description. 6. Recommended Overlay Zone and General Plan Amendment Components TASK 2: PREPARE INITIAL STUDY/NOTICE OF PREPARATION AND CONDUCT EIR SCOPING Subtask 2a: Prepare Initial Study and EIR Notice of Preparation As required by CEQA and the State CEQA Guidelines, EIP will prepare an Initial Study/Notice of Preparation (IS/NOP) for distribution to public agencies and private individuals. EIP will prepare an 0 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlav zone IS/NOP using the City's specified format for Initial Studies in order to narrowly focus the environmental issues addressed in the EIR. EIP will prepare and submit fifty copies of the IS/NOP to the City for public distribution. This scope of services assumes that the City will be responsible for public notice (including newspaper announcements) and mail distribution of the IS/NOP. If the City desires, EIP will revise this scope and modify the associated cost proposal to perform the IS/NOP public notice and distribution tasks on behalf of the City. Further, it is assumed that impacts to agricultural resources and mineral resources will be "scoped out" in the IS/NOP and would not be further analyzed in the EIR. If requested by the City, during the required 30 -day public review period of the IS/NOP, EIP will begin preparation of the EIR in order to reduce the overall project schedule. Subtask 2b: Participate in EIR Public Scoping Meeting During the required 30 -day IS/NOP public review period, EIP staff will participate in one EIR public scoping meeting and prepare and present an overview of the CEQA process. The focus of the scoping meeting will be to solicit the input of nearby residents, the community at -large, and local business organizations regarding the content of the EIR. EIP will facilitate, as well as answer and record public comments and input during the scoping meeting. EIP will provide a minimum of 50 copies of project information handout materials for distribution at the meeting. It is assumed that oversized graphics illustrating the proposed project would be provided by the City or the Project Applicants. After completion of the scoping process (30 -day IS/NOP public review period) and receipt of IS/NOP comments, EIP will identify issues for which no significant impacts will occur (described as Effects Found Not to Be Significant) and identify potentially significant impacts that will require further evaluation in the EIR. OUTPUT 1. Eight (8) unbound copies of the Draft IS/NOP for City staff review. 2. Fifty (50) copies of the Final IS/NOP, including one (1) camera-ready original and one (1) electronic copy. Should the City determine additional copies of the Initial Study are needed, their production would be treated as an Optional Task. 3. One (1) presentation of the CEQA process for use at the EIR Public Scoping Meeting. 4. Fifty (50) copies of project information handout materials for distribution at the EIR public scoping meeting. TASK 3: PREPARE ADMINISTRATIVE DRAFT EIR The objective of this task is to prepare a comprehensive, accurate, and objective EIR for the programmatic analysis of the MU zone and the project -level analysis of the two project properties that fully complies with CEQA, the CEQA Guidelines (as amended through the submittal of the Draft EIR), and the City's Environmental Guidelines. The main purpose of the Administrative Draft EIR will be to thoroughly and accurately analyze the environmental impacts of the proposed project. The document will be free of jargon so that the information it contains is accessible to decision -makers and the public. The methodology and criteria used for determining the impacts of the project will be clearly and explicitly described in each section of the EIR, including any assumptions, models, or modeling techniques used in the analysis. The Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone determination of impacts will be based on thresholds of significance developed in accordance with CEQA requirements, the City's environmental guidelines and requirements, and other recently approved environmental documents. Each significant impactwill be numbered, and the corresponding mitigation measures will be correlated. The effectiveness and feasibility of mitigation measures will be discussed, and the level of significance after mitigation will be identified. Subtask 3a: Develop Framework for the Administrative Draft EIR The EIP team will prepare the Administrative Draft EIR to include the following sections: ■ Table of Contents ■ Summary of impacts and mitigation measures ■ Project description (project objectives, project location, project characteristics, scope of project, required approvals, and list of cumulative projects) ■ Environmental Analysis - Environmental setting - Regulatory framework (applicable federal, state, and local plans, policies, and standards) - Environmental impacts (short-term, long-term, direct, and indirect impacts, as well as cumulative impacts) - Mitigation measures (for potentially significant environmental issues) ■ Project Alternatives ■ Long -Term Implications (including growth -inducing, significant unavoidable, and significant irreversible environmental impacts) ■ Organizations and persons consulted/List of EIR preparers ■ References ■ Technical appendices (including the IS/NOP, comments received on the IS/NOP, all technical studies [i.e., Traffic Report and Historical Analysis], and detailed data) The list of key environmental issue areas outlined below is based on EIP's general knowledge about the project area and our understanding of the project. As previously mentioned, it is our intention to prepare a comprehensive Initial Study in order to focus the analysis in the EIR. While the analysis has not yet been conducted, and we do not yet know with certainty which issue areas can also be eliminated from further consideration in the EIR, it is our assumption that the EIR will focus on aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, land use/planning, noise, population and housing, public services, recreation, transportation and circulation, and utilities and service systems. Subtask 3b: Technical Analysis Throughout this scope of work, the term project site is used to refer to the entire 200 -acre proposed mixed-use overlay zone. References to the Arnell/Shea and Capital Pacific/Makar sites refer to only those project -specific components of the proposed project. Aesthetics and Shade/Shadow The mixed-use overlay zone would convert the designated land use of a large area of the City from office, commercial, industrial, and residential (and public uses) to mixed-use development. Therefore, the visual character of the project site could change due to the development of a different type of land Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlov Zone use. While EIP has not yet received a site plan of the proposed developments, it is anticipated that they may have an impact on adjacent uses. EIP will conduct a site visit and document in photographs the existing visual character of the site and surrounding area. Views of the site from surrounding areas will be described. Long-term impacts on the visual character of the site and vicinity will be textually described and project -specific components will be depicted with illustrations provided by the project architect, if available. The analysis will focus on how the development is integrated within the surrounding land uses and conditions. In addition, a shadows analysis will be performed to determine if the proposed buildings would cast significant shadows on surrounding uses. EIP will analyze whether the proposed project would substantially degrade the existing visual character or quality of the site and its surroundings due to height, bulk, or massing; architectural style or building materials; location in a visually prominent area; degrading the visual unity of an area; detracting from the overall image of the City; degrading views from roadways or adjacent uses; or the introduction of an architectural feature or building mass that conflicts with the character of surrounding development. It is anticipated that the proposed project would result in beneficial aesthetic impacts. Existing scenic vistas will be described, and the project's impacts on any scenic vista will be analyzed, particularly if it obstructs views from a designated scenic highway or arterial roadway, or through removal of natural features or addition of man-made features or structures that degrade the visual intactness and unity of a scenic vista. Existing sources of light and glare will be described. The EIR will analyze whether the proposed project would create a new source of substantial light or glare that would adversely affect day or nighttime views in the area where the project will have outdoor illumination of more than one and a quarter foot candles from dusk to dawn, where reflective building materials will be used, or where the project will use neon or similar signage or architectural features. The EIR will analyze any potential conflicts with applicable plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect, such as development standards or design guidelines. Air Quality. EIP will prepare an air quality section for the EIR that is consistent with the recommendations of the South Coast Air Quality Management District (SCAQMD) for an air quality analysis in a CEQA document. Contribution of the proposed project to pollutant levels will be analyzed based on SCAQMD CEQA Air Quality Handbook emission thresholds of significance to determine whether the project would violate a State or federal air quality standard or contribute substantiallyto an existing or projected air quality violation. The EIR will qualitatively evaluate potential exposure of sensitive receptors to substantial pollutant concentrations where the project may cause emissions of identified pollutants in excess of the pounds per day or tons per quarter standards established by the SCAQMD. Project consistency with additional indicators as outlined in the SCAQMD CEQA Air Quality Handbook related to hazardous materials or emissions of toxic air contaminants will also be discussed in the EIR. Orange County is in nonattainment for ozone under both State and Federal standards and PM10 under State standards; therefore, these will be the pollutants of primary concern in the EIR. The air pollutants of greatest concern in the South Coast Air Basin are ozone, NOx, CO, and PM10. Because the proposed project could allow development of residential uses in proximity to industrial operations, toxic air contaminants will be addressed. Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlov Zone The EIR will provide an introductory discussion of the air pollutants of concern in the region, summarize local and regional air quality, describe pertinent characteristics of the air basin, and provide an overview of the physical conditions affecting pollutant buildup and dispersion in the City. The setting will also discuss the sources, types, and health effects of air pollutants. The air quality section of the EIR will also describe any intersections and roadways that might be affected by increased traffic due to implementation of the proposed project. The project's construction and operational emissions and odor impacts will be assessed, including local ambient CO impacts. This analysis will include the following components: ■ Construction Emissions. The construction emissions analysis will be based on the project description, information submitted by the traffic consultant, and the modeling techniques and significance criteria recommended by the SCAQMD. The analysis will considerthe limitations of the City's Building and Safety requirements and provide any necessary recommendations for minimizing emissions of dust or other pollutants (i.e., asbestos) from construction activities; ■ Operational Emissions. Estimates of mobile source emissions associated with operation of the project will be prepared using appropriate land use information, traffic study information, and SCAQMD significance criteria. Based on estimated project -generated vehicle trips described in the traffic study prepared for the EIR, vehicular emissions of carbon monoxide, ozone precursors (reactive organic gases and oxides of nitrogen), and small particulate matter (PM10) will be predicted and quantified using EMFAC emission factors and the California Air Resources Boards URBEMIS 2002 software, which will then be compared to the SCAQMD significance thresholds. The criteria pollutant emissions from future stationary sources will also be estimated in the same manner, ■ Local Ambient CO Impacts. The potential of project -related motor vehicle trips to cause localized carbon monoxide "hot spots"will be evaluated. For intersections in the immediate projectvicinity that are subject to the most severe project -induced traffic congestion, localized concentrations of carbon monoxide (CO) will be quantified at those locations. Local CO concentrations will be modeled at up to four intersections to be selected in coordination with City staff and the City's transportation consultant using the CALINE-4 program. The analysis will be based on guidance published by the Institute of Transportation Studies and available peak hour traffic and intersection geometry data; and ■ Odor Impacts. An analysis of whether the project would create objectionable odors affecting a substantial number of people will be included in the EIR. Potential conflicts with or potential to obstruct implementation of the applicable air quality plan where it may cause or contribute to emission of identified air pollutants in excess of levels stated in the plan or where it may fail to implement a remedial or mitigation measure required under the plan will be analyzed. Cumulative net increase of criteria pollutants for which the project region is in non -attainment will be analyzed to determine if the project emissions, considered cumulatively, will increase the level of any criteria pollutant above the existing ambient level. Biological Resources. It is assumed that the project has been largely, if not fully, disturbed as the result of previous development activities and consists primarily of hardscape. Little, if any, native vegetation exists, and it is assumed that no sensitive species or habitats would be located on-site. However, there are street trees throughout the area, and, to the extent that these trees are removed as part of the proposed 0 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone project, impacts to potential nesting sites for migratory birds could occur and would be evaluated in the EIR. Historic/Cultural Resources. Prehistoric resources could be present in the MU zone. There could be unanticipated subsurface resources, which could be damaged and/or destroyed during project development. The EIR will summarize the regional and site history based on research and any previous studies of the area. Known resources in the area or vicinity will be described. Archaeological or paleontological resources, if known, will be described. The EIR will summarize federal and State regulations and guidelines that address the preservation and treatment of historic resources. If any cultural resources have been identified in previous studies, the project site will be reviewed to determine whether potentially significant cultural resources would be in development areas. If any sites are to be preserved in their present location, the EIR will evaluate the need for measures to protect the resources. If resources are to be removed or destroyed, the EIR will indicate whether the existing documentation is adequate or whether additional recordation and/or removal and preservation of cultural resources should be undertaken. The EIR will discuss the extent to which areas where off-site infrastructure, if any, could be located have been surveyed for cultural resources. If necessary, the EIR will identify mitigation to ensure that unstudied portions of off-site infrastructure alignments are surveyed for cultural resources and that if such resources are found, that they are evaluated for significance and protected as appropriate. The EIR will qualitatively address the potential for project construction to damage or destroy undiscovered prehistoric, paleontological and/or historic resources, and measures to be taken to evaluate and protect such resources if they are unearthed. Geology and Solis Geologic conditions and site soils could affect the stability of structures built under the proposed project. Standard construction techniques and compliance with City and State standards (including the Uniform Building Code) can minimize such hazards. Soils reports forthe two development projects will be utilized for background information, if available. The EIR will report the type and magnitude of seismic activity typical in south Orange County, including the location of the nearest earthquake fault. The EIR will review and summarize existing soil reports and geologic data to develop a description of the site's general geologic characteristics, with special emphasis on soil constraints in areas designated for development. The EIR will evaluate potential risks to future residents and occupants due to seismic activity, soils constraints and slope instability. The Applicants' engineers will be consulted to determine what, if any, design and/or engineering techniques are anticipated to be used. The EIR will also explain how and to what extent existing laws and regulations would reduce risks associated with seismic, geologic and soils constraints. Important geological issues that would be addressed in the EIR include fault rupture, seismic groundshaking, seismic -related ground failure, liquefaction, expansive or collapsible soils Proposal to Prepare an OR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlav Zone associated with the construction and operation of the proposed project. All technical information will be referenced with proper citations, including source and date. Hazards and Hazardous Materials The mixed-use overlay zone would convert the designated land use of a large area of the City from office, commercial, industrial, and residential (and public uses) to mixed-use development. Forthe most part, potential hazards associated with locating such uses in proximity to each other can be addressed through compliance with existing laws and regulations. The hazardous materials section of the EIR will evaluate the exposure of people and property to short-term (construction -related) and long-term (existing and operational) hazardous and toxic materials, such as fuel leakage from construction equipment, the exposure of people or property to existing levels of hazardous materials in the soil or groundwater, and the operational use of hazardous materials. The EIR will describe predicted past uses of contaminants and the status of known contamination based on the results of any environmental site assessments done for the MU zone. If no environmental site assessment has been completed, the EIR will provide a discussion of the likely uses of contaminants on various portions of the site. The EIR will describe planned facilities in the project vicinity that could create hazards for existing or future residents, including public uses. The EIR will provide a summary review of regulatory controls pertaining to hazardous materials management, including federal, state, and local laws and regulations associated with hazardous waste management and site cleanup. This information will include, but will not be limited to, hazardous materials transportation routes, local hazardous materials incidents emergency response services, and local regulations and ordinances pertaining to the types of hazardous materials that may be used or stored during construction or operation of the proposed project. The impact analysis will include a review of the types of land uses and activities that would be allowed under the proposed project and will qualitatively evaluate potential effects associated with the development of the project sites, including the use, storage, or disposal of hazardous materials. The EIR will recommend appropriate mitigation measures for any significant impacts that are identified. It is assumed that all construction and operation activities would be performed in compliance with all applicable federal, state, and local laws and regulations pertaining to hazardous materials management. Hydrology and Water Quality Because the project site is currently developed and mostly impermeable, and will remain developed following construction of the proposed project, it is anticipated that impacts to surface hydrology and water quality will be minimal. A description of existing water quality conditions will be compiled based on existing studies or inquiries to local agencies. The analysis will address potential changes in surface water and groundwater quality as a result of site development and increased runoff at a broad, qualitative level. EIP will discuss the applicability of relevant water quality regulations to reduce potential effects. These requirements would include, but would not be limited to, the National Pollution Discharge Elimination System (NPDES) permit requirements for construction, local erosion and sedimentation control requirements, and NPDES Phase 2 permits for small municipalities. The State Water Resources Control Board was required to issue general permits for Phase 2 to regulate jurisdictions by December 2002. IL Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone The potential of the project to violate water quality standards or waste discharge requirements for receiving waters will be analyzed. The EIR will consider whether the project would result in an increase in any pollutant for which a water body is impaired as identified on the CWA Section 303(d) list; cause a rate of flow that exceeds any downstream facility's capacity; or result in runoff that exceeds the pre -developed condition. Land Use/Planning. The Land Use section of the EIR will describe the compatibility of the proposed land uses with the surrounding area and will address potential inconsistencies with adopted plans and policies, including the City's General Plan. The mixed-use overlay zone would expand the permitted uses of a large area of the City from office and commercial (and public uses) to mixed-use development (including residential). The EIR will describe the general plan amendment and zone change associated with the project. The EIR will describe the existing land uses, intensities, and patterns in the vicinity of the project site. Current General Plan designations and zoning forthe project site and surrounding area will be identified. The EIR will identify and summarize applicable City land use plans and policies. The EIR will evaluate any potential conflicts between project development and surrounding uses. These conflicts could include a use that would create a nuisance for adjacent properties or result in incompatibility with surrounding land uses such as difference in the physical scale of development, noise levels, traffic levels, or hours of operation. The EIR will evaluate the extent to which adopted City development standards would eliminate or minimize potential conflicts between internal and adjacent uses. The EIR will analyze the proposed project's consistency with the direction and policies of the City's General Plan as they relate to land use patterns and new development. Noise Program Analvsis The noise analysis will address the impacts of the project on background noise levels and the population's exposure to physically or psychologically damaging noise levels. The noise analysis will be based upon approximations of noise levels and associated changes in the ambient noise level that are likely to occur based on implementation of the proposed project. The environmental setting discussion will briefly summarize the nature of sound and vibration and will introduce acoustical terms that relate to the subsequent analysis. It will also describe the existing noise (and vibration) environment in the vicinity of the project. This description will include noise (and vibration) sources, such as motor vehicle traffic, as well as the identification of potentially vulnerable existing noise- and vibration -sensitive land uses, such as residential uses. To facilitate this description, existing ambient daytime noise levels will be measured at five selected locations within and around the proposed project site to establish current baseline noise levels. These locations will be identified on a map. The daytime noise levels would be measured using a Larson -Davis Model 814 precision sound level meter, which satisfies the American National Standards Institute (ANSI) for general environmental noise measurement instrumentation. Noise would be characterized in the following terms: ■ Leq, the equivalent energy noise level, is the average acoustic energy content of noise for a stated period of time; for evaluating community impacts, this rating scale does not vary, regardless of whether the noise occurs during the day or the night ■ Lm;n, the minimum instantaneous noise Iewl experienced during a given period of time • Lmax, the maximum instantaneous noise level experienced during a given period of time Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Existing 24-hour noise levels will be calculated for various roadway segments in the project vicinity using the Federal Highway Administration Highway Noise Prediction Model (FHWA-RD-77-108) and current traffic counts from the traffic study prepared for the project. The model would calculate the average noise level at specific locations based on traffic volumes, average speeds, roadway geometry, and site environmental conditions. Vehicle nose energy rates in the FWHA model will be modified to incorporate rates utilized by Caltrans, which better represent vehicle noise levels in California. After the existing noise (and vibration) environment is described, relevant State and local noise standards and guidelines—including those established in Article 6 (Chapter 18) Noise Control—will also be summarized. Potentially vulnerable existing noise -sensitive land uses in the project vicinity (e.g., residences) will be identified. In consultation with City staff, EIP will develop significance criteria that are consistent with City - recommended impact thresholds, including those included in the City's Noise Control section. EIP will document the methods used to analyze noise impacts and will incorporate relevant modeling output into a report appendix. Project Analysis EIP will evaluate potential noise (and vibration) impacts caused by the no -project versus with -project mobile noise conditions. In addition, stationary noise impacts (caused by temporary on-site construction activities) will be evaluated, as well as operational noise impacts (caused by car alarms, horns, starter motors, deliveries, etc). Noise levels generated during construction will be estimated based upon anticipated construction schedules, techniques, and building types. The potential for construction noise to impact nearby noise - sensitive land uses—both existing uses and project uses—would be characterized by quantifying anticipated noise levels (e.g., based on distance). In particular, truck noise due to construction -related trips to the project site will be analyzed. Furthermore, vibration impacts from project -related construction activities will also be evaluated. EIP will estimate future (operational) noise levels at the locations of noise -sensitive project land uses, including those that would be most exposed to noise from the proposed project. Within the context of the pre -project noise environment in the project vicinity, EIP will evaluate whether any on-site operational noise sources have the potential to substantially affect off-site noise -sensitive land uses (in particular those of the residential neighborhood north of one of the project sites). Such sources might include stationary mechanical equipment, delivery and refuse truck activities, and site maintenance/cleaning activities. The analysis of project operational and cumulative noise impacts will address future noise levels at the project site and at sensitive uses in the project vicinity. Future noise levels at the project site will be calculated for the roadways within and around the site. The noise levels at various locations at the site will be compared to City standards to ensure that the proposed land uses are planned and located appropriately from a noise perspective. Future noise levels along the roadway segments in the project vicinity will be calculated to determine whether traffic generated by the project causes a substantial increase in noise at off-site locations. The potential for other operational impacts would be described qualitatively. Traffic noise levels will be analyzed forall scenarios to be considered in the Transportation and Circulation analysis, including: 12 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone ■ Existing Traffic ■ Existing Traffic + Approved Projects ■ Existing Traffic + Approved Projects + Proposed Project ■ Cumulative Traffic (Existing Traffic + Approved Projects + Pending Projects) ■ Cumulative Traffic + Proposed Project For any noise impacts that exceed identified significance thresholds, feasible mitigation measures would be identified, which may include modification of construction techniques (subject to engineering constraints and feasibility) or hours, changes in project design or layout, or provision of temporary or long-term barriers to noise transmission. Population, Housing, and Employment Program Analysis The project site is large enough to alter the population, employment, and housing characteristics of the City. The MU Overlay Zone could increase the population of the City and result in a redistribution and/or increase of the population of the county. The MU Overlay Zone would provide for a mix of residential densities and employment -generating uses, so the EIR will report a jobs/housing ratio for the project itself. The EIR will summarize the employment and housing characteristics of the City, based on existing documentation. Applicable General Plan policies regarding population, housing, and employment opportunities will be described. The potential population increase associated with the MU zone will be estimated based on the number and type of dwelling units proposed and the employment generation will be estimated based on the proposed acreages and assumed floor area ratios (FAR) for commercial, retail, industrial and public uses. The EIR will quantify the jobs/housing ratio for the City. The EIR will evaluate the proposed residential densities to determine consistency with the General Plan, including the Housing Element. Proiect Analysis EIP will evaluate impacts related to the demolition of any existing structures on the project sites. Development of the two projects will result in changes in employment and population at the sites. Impacts related to the displacement of existing businesses could result. The characteristics and potential impacts will be evaluated, considering both direct and indirect effects. One project site is vacant and the other currently contains commercial/office uses. These characteristics will be described. Policies and forecasts pertaining to the population growth in the immediate area and greater City of Santa Ana will be identified, including census data and forecasts developed by the City and the Southern California Association of Governments (SCAG), including the Regional Housing Needs Assessment. The consistency of the projects with City and regional growth forecasts and policies will be evaluated. In addition, any population generated resulting from implementation of the proposed projects as a percentage of the City's overall growth allocation by SCAG, Department of Finance, and other sources will be calculated. Any measures to mitigate significant impacts will be identified and confirmed with City staff. 13 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Public Services Law Enforcement EIP will contact the Santa Ana Police Department (SAPD) and the California Highway Patrol to establish existing service levels. The SAPD will be contacted to update information on existing and planned service levels, staffing levels, and response times. Using factors developed in consultation with SAPD and City staff, the demand for police services will be quantified and compared to existing and planned service levels. Fire Protection EIP will contact the Santa Ana Fire Department (SAFD) for information on response times and current and planned staffing levels. Existing demand for fire services in the project area will also be described. Using factors developed in consultation with the SAFD, the EIR will evaluate the ability of the Fire Department to serve the project site. Schools Analysis will be performed to understand current and future student enrollment trends, which will lead to the development of a school mitigation plan. The EIR will describe existing and projected school enrollment for the Santa Ana Unified School District and Tustin Unified School District. Any existing or planned schools in the vicinity of the project area will be identified. New school enrollment projections will be developed through consultation with the Districts to assess potential impacts of the project on existing school facilities. The EIR will discuss the implications of sending project students to schools outside the project area. The EIR will discuss State school fee requirements and their relationship to CEQA and mitigating impacts on schools. Libraries EIP will contact the Santa Ana Library Department for information on existing and planned capacity of the library system. This information will be reported in the DEIR. Based on input from the City and County, the project demand will be evaluated, along with the need for additional facilities. Recreation The EIR will identify existing and planned park facilities in the City, and the City's park standards through consultation with the City's Parks, Recreation and Community Services Agency. The EIR will quantify the demand for parkland generated by maximum residential build -out in the project area, based on the City's park standards. The EIR will include a discussion of the types of open space and recreational facilities that could be constructed in the project area, and how the various facilities relate to the Citys standards. Transportation and Circulation Transportation and Circulation is likely to be one of the major issues to be addressed in the EIR. Katz, Okitsu & Associates (KOA) will prepare the technical transportation study. The scope of the traffic study is intended to meet the City of Santa Ana requirements for analysis of traffic impacts associated with this project. KOA will meet with City staff to discuss the project, the proposed method of analysis, and other relevant considerations. At such, time, KOA will verify the study approach and any additional specific study requirements prior to any data collection. KOAwill discuss potential traffic issues with the City's personnel to identify any additional concerns and recommendations. E Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone General Approach KOA will calculate daily and peak hour trips for the project based on the Institute of Transportation Engineers Trip Generation, Seventh Edition and previous trip generation experience. KOA will then distribute the trips generated to determine if any intersections will be impacted by the proposed project. Guidelines require analysis of any intersection of two CMP routes with a 50 -trip hourly increase. Peak - hour traffic counts will be furnished for the AM and PM peak hours at all locations required by the CMP guidelines, except where recent count data is available. Intersection traffic analysis will be based upon the City -approved methodology, unless told otherwise. KOA will perform the analysis for the surface street network using the TRAFFIX software. A regional travel forecasting model will be used to provide future traffic forecasts for the subject project. KOA will contact OCTA to obtain forecasts of future traffic for the "no project" scenarios and prepare a supplemental forecast for the 'With project" scenarios. KOA will also discuss with OCTA the feasibility of requesting additional forecasts to more accurately assess the regional impact and potential benefits of increasing housing within a job -rich sub -region. Modeling costs for this activity may result in additional expenses, however. Data Collection & Field Review Peak period intersection traffic analysis will be required for up to 36 intersections during the AM and PM Peak hours. These intersections will be determined after Task 2 is completed, but will require at least the following intersections: City of Santa Ana Intersections 1. 1st Street at Tustin Avenue 2. 1st Street at Golden Circle Drive 3. Vt Street at Cabrillo Park Drive 4. 1" Street at Elk Lane 5. 4th Street/Irvine Boulevard at SR 55 Northbound Ramps (CMP Intersection) 6. 4th Street at SR 55 Southbound Ramps (CMP Intersection) 7. 4th Street at Tustin Avenue 8. 4th Street at Park Center Drive 9. 4th Street at Golden Circle Drive 10. 4th Street at Cabrillo Park Drive 11. 4th Street at 1-5 Northbound Ramps (CMP Intersection) 12. 4th Street at 1-5 Southbound Off-Ramp/Elk Lane (CMP Intersection) 13. Tustin Avenue at 6th Street 14. Tustin Avenue at Fruit Street 15. 17th Street at Tustin Avenue 16. 17th Street at Cabrillo Park Drive 17. 17th Street at SR 55 Northbound Ramps 18. 17th Street at SR 55 Southbound Ramps 19. 6th Street at Parkcenter Drive (unsignalized) 20. Parkcourt Place at Cabrillo Park Drive (unsignalized) 15 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone 21. Fruit Street at Mabury Street (unsignalized) 22. Fruit Street at Cabrillo Park Drive (unsignalized) 23. Fruit Street at Parkcenter Drive (unsignalized) 24. Wellington Avenue at Cabrillo Park Drive (unsignalized) 25. Wellington Avenue at Tustin Avenue (unsignalized) City of Tustin Intersections 1. 1" Street at Yorba Street 2. 1" Street at B Street (unsignalized) 3. 15' Street at EI Camino Real 4. 1 s` Street at Prospect Avenue 5. 1s` Street at Centennial Way 6. 15` Street at Newport Avenue 7. 4`h Street (Irvine Boulevard) at Yorba Street S. Irvine Boulevard at B Street 9. Irvine Boulevard at Prospect Avenue 10. Irvine Boulevard at Fashion Lane 11. Irvine Boulevard at Holt Avenue 12. Irvine Boulevard at Newport Boulevard The counts will be taken by personnel of KOA or by a traffic count specialist, Traffic Data Services of Santa Ana or The Traffic Solution of Arcadia, depending upon project scheduling and availability. Once Task 3 is initiated, any additional counts that are needed will result in the fee being renegotiated. Future traffic volume information will be obtained from the most recent version of OCTAM furnished by OCTA. If the fee for their information exceeds $1,000, additional compensation will be requested by KOA (the fee for existing forecasts is nominal). KOA will also review the location and intersections in the field to observe and inventory roadway geometries, existing traffic operation, and relevant information during peak hours. Report Preparation The study will address traffic conditions at all relevant intersections required by CEQA guidelines and CMP guidelines. KOA will research information pertaining to approved projects and projects pending approval in each study area from the affected agencies. The report will include general recommendations related to circulation and accessibility to be utilized in the design and implementation of the Mixed -Use Overlay Zone. The report will also analyze potential parking intrusions into nearby business and residential neighborhoods as well as non-residential uses generated by commuter or truck traffic through residential areas that might alter their residential character. KOA will prepare a traffic study for the development proposal. The study will present all information prepared by KOA, including the following: 16 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone I. Existing Conditions II. Future Traffic Conditions a. Without Proposed Development b. With Proposed Development (including 2-3 levels of development) c. Alternatives d. Project Phasing Analysis III. Traffic Model Analysis a. Year 2006 b. Year 2008 or 2009 c. Year 2015 d. Year 2030 IV. On-site Circulation/Access Issues a. Parking Intrusions b. Commuter Through Traffic Intrusions (including Truck Traffic) V. Congestion Management Program (CMP) Monitoring Checklist VI. Required Mitigation Measures/Recommendations VII. Conclusion Future traffic volumes will be forecasted based upon information to be provided by OCTA. The study will address traffic conditions at all relevant intersections required by the City of Santa Ana, the City of Tustin, and CMP guidelines. Mitigation If necessary, KOA can develop and provide conceptual mitigation measures through restriping, signal modifications, or turning lanes. Any mitigation measure will include a discussion regarding feasibility of the implementation of said measures including potential right-of-way acquisition, parking prohibition/restriction, specific movement restrictions, and cost estimate of said measures. If mitigation requiring physical road construction at any location is required, Feld surveys and site- specific civil engineering feasibility studies will be required. These may be prepared by others and are excluded from our scope of services. Submittal and Review of Report The traffic study will be submitted to the EIR Consultant for review and forwarding to the City. Up to three bound copies and one unbound copy of the study will be furnished on each submittal. Additional copies can be furnished at our expense of reproductions. Any proper or reasonable revisions will be incorporated into the traffic study in order to be fully responsive to the Scope of Services. Reasonable revisions include any corrections to the report within the general scope of work, but exclude any traffic data collection or analysis at any locations except as specified in our proposal. Project Support and Meetings KOA will furnish the following additional services: 11A Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone ■ Estimates of project related traffic and daily traffic increases will be made available as soon as possible. This will facilitate Air Quality and Noise Analysis. ■ KOA will assist as required to incorporate our report into the EIR. ■ KOA will assist in addressing any comments that relate to traffic and circulation issues, following circulation of the screen check or the draft EIR. ■ KOA will be available to responsible parties to discuss traffic aspects of the project from our offices, as needed throughout the project. ■ KOA will also attend up to six (6) team meetings and two (2) meetings or public hearings at the City of Santa Ana to discuss project progress and issues for duration of the project. ■ Screening analysis in coordination with adjacent cities (specifically the City of Tustin) The capacity of existing and planned roadways will require thorough analysis. Access to the project site will be an important circulation issue. The transportation analysis will need to evaluate impacts on city and county roads using the appropriate model. Other issues to address within this section include potential rights -of -ways, alignments, bikeways and transit needs. EIP will then incorporate KOA's traffic report into the EIR's traffic section, cumulative analysis, and alternatives chapter. Utilities and Service Systems. The EIR will need to evaluate the ability of all utilities to serve the project area. As the project area is already developed, it is likely that existing service levels would be adequate to support new uses. However, an evaluation of the change in use and consequent effects on water supply, and wastewater treatment capacity. Supply and treatment demands for new uses will be compared to the existing designated uses to determine whether an increase in supply or treatment would be required. Water Supply The EIR will describe the City's water entitlements, treatment plant capacity and conveyance system in the project vicinity. The Orange County and Irvine Ranch Water Districts' Water Master Plans will also be discussed. Using factors developed in consultation with the City's Public Works Agency, Water Resources Division, the water demand generated by maximum new uses as projected by the MU zone will be calculated. The Orange Countyand Irvine Ranch Water Districts will be contacted. The EIR will evaluate whether proposed sources of water are available to serve the project. The effectiveness of programs intended to provide an adequate source of water in dry years, such as aggressive conservation measures, will be qualitatively evaluated based on information provided by the Applicant's and/or City's consultants. If a confirmed source is not available, the EIR will describe the current status of plans for obtaining water, and the process for identifying and securing adequate supply in wet and dry years. The EIR will evaluate the need for water treatment and conveyance infrastructure improvements needed to serve the project site. A Water Supply Assessment (WSA) is required for any subsequent development in excess of 500 residential units or commercial development of 100,000 square feet or more. Should one be required for the proposed project, the City would request the WSA with assistance, if requested, from EIP. If EIP is asked to prepare the request for a WSA, the budget and scope of work would require amendment to include this task. In Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Wastewater Collection and Treatment The EIR will analyze the existing treatment plan service areas. The EIR will describe the existing and planned capacity of the regional wastewater treatment plants, and the location of existing and planned sewage collection system. The average wastewater flow from proposed new uses will be estimated using factors provided by the services providers and/or City, and compared to existing and planned treatment capacity. The EIR will describe the phasing of the City's wastewater treatment plant expansions and will evaluate the ability of the plant(s) to serve the project and indicate any potential constraints posed by the project, particularly with respect to project phasing. Solid Waste The Orange County Integrated Waste Management Department (IWMD) owns and operates three public landfills in Orange County, California that accept municipal solid waste. These landfills include the Frank R. Bowerman Landfill in Irvine (commercial landfill only; no public dumping); the Olinda Alpha Landfill in Brea (commercial & public dumping); and the Prima Deshecha Landfill in San Juan Capistrano (commercial & public dumping). All three landfills are Class III (only non -hazardous municipal waste). The Santiago Canyon Landfill in Orange is in the process of closing and is not accepting any further municipal waste. The EIR will characterize existing and future landfill capacity at these landfills and any regulations associated with State -mandated waste reduction requirements. The amount of solid waste that could be generated at maximum build -out of the project site pursuant to the MU zone will be quantified based on factors developed in consultation with the City and landfill operators. Projected solid waste will be compared to existing and future landfill capacity to determine whether the changes in land use would substantially shorten the life of the landfill or necessitate expansion of the landfill. Electricity and Natural Gas EIP will contact Southern California Edison and the Gas Company for information concerning existing and planned energy infrastructure and sources that could serve the project site. This information will be summarized in the DER. Based on factors provided by Southern California Edison and the Gas Company, the EIR will quantify estimated energy use for the project site. This demand will be discussed with the service providers to determine whether there is ample supply. The EIR will briefly and qualitatively discuss the likely sources of supply and the potential impacts of such energy sources. Effects Not Found to Be Significant This section of the EIR will briefly describe those environmental issues "scoped out" of the IS/NOP and, therefore, not addressed in the EIR. Brief discussions will address each issue and explain whythe project would not have significant impacts associated with these issues. In some cases, standard City conditions will be identified as mitigation measures to ensure their inclusion in the mitigation monitoring program (MMP). Subtask 3c: Prepare Other CEQA Sections Summary The Summary section of the EIR will be in tabular format, and will briefly describe the impacts, level of significance of impacts, recommended mitigation measures, and level of significance after the recommended mitigation measures have been incorporated. IN Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlav Zone Other CEQA Considerations Cumulative impacts will be specified in the individual sections of the EIR, and summarized in this section of the document. The cumulative analysis will be qualitative in nature and will be based upon known projects, either approved or proposed (applications on file), within a defined area around the proposed project; therefore, the cumulative impact assessment will be based on reasonably -anticipated potential development projects that may, in combination with the proposed project, create cumulatively considerable environmental impacts. Findings of recent court cases regarding the scope of cumulative impact discussions, as well as the requirements of the CEQA Guidelines, will be used. As previously mentioned, the description of project alternatives and cumulative projects will be developed in Task 1. The EIR will discuss all significant unavoidable adverse impacts (in conformance with the State CEQA Guidelines) that can only be partially mitigated, but not to a level that is less than significant. The EIR will also discuss any potential growth -inducing and irreversible impacts of the proposed project. Potential sources of growth inducement and their corresponding impacts, such as removal of obstacles to growth, major new employment generation, or major economic influences, will be qualitatively analyzed, to the extent that they are applicable. Alternatives. The EIR will include an alternatives section to qualitatively address the environmental impacts that would result from a different project. EIP will work closely with City staff to develop up to three alternatives to the proposed project, including the: (1) no project alternative (including the no project/no development alternative and the no project/reasonably foreseeable use alternative); (2) one reduced size alternative; and (3) alternative project location (if feasible). The alternatives will be provided in sufficient detail for comparison with the proposed project. Each alternative will be evaluated with respect to each key impact category. Graphic exhibits of alternatives will be presented, if available from the Applicants. The advantages and disadvantages of each alternative and the reasons for rejecting or recommending the alternative will also be discussed, and the environmentally superior alternative will be identified. A summary of the alternatives and their associated impacts will be provided in the EIR summary. During the course of the environmental analysis, minor variations to the proposed project that could have the effect of reducing or eliminating environmental concerns may become apparent; these variations will be implemented, where feasible. re llptawm 1. Eight (8) bound copies of the 1 s` and 2nd Administrative Draft EIR for City staff review (this includes one unbound copy of the ADEIR before�roduction of the eight bound copies). 2. One (1) electronic copy of the 15` and 2" Preliminary ADEIR. TASK 4: PREPARE DRAFT EIR The purpose of this task is to respond to City staff comments on the Administrative Draft EIR, complete necessary revisions, and publish the Draft EIR for public review. Subtask 4a: Respond to City Comments on the Administrative Draft EIR EIP will obtain all comments on the Administrative Draft EIR from the City's project coordinator, whowill compile one set of unified City comments for use in revising the document. EIP will complete revisions to the Administrative Draft EIR in conformance with the City's comments, and the agreed-upon scope of work and schedule. 20 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Subtask 4b: Distribute Draft EIR EIP will provide the City with fifty (50) copies of the Draft EIR after the City approves final drafts, including the fifteen (15) copies (as required by the Governor's Office of Planning and Research/State Clearinghouse) of the Draft EIR to be filed at the State Clearinghouse. It is assumed that the City (or the Applicants) would be responsible for preparation of the Notice of Completion and any filing fees. OUTPUT 1. Distribute fifty (50) bound copies of the Draft EIR for public review (this number includes the copies of the Draft EIR that are submitted to the State Clearinghouse). Should the City determine that additional copies of the Draft EIR are necessary; their production would be treated as an Optional Task. 2. Provide one (1) clean reproducible original of the Draft EIR and one (1) electronic copy. TASK 5: PREPARE ADMINISTRATIVE FINAL BRAND DRAFT MMP RESPONSE TO DRAFT EIR COMMENTS) This task will result in the preparation of a Preliminary Final EIR, which will contain a list of commenters, comment letters, responses to comments on the Draft EIR, Draft EIR text revisions, the Draft EIR itself, and the Draft Mitigation Monitoring Program (MMP). Subtask 5a: Prepare Administrative Final EIR (Response to Comments) The City's project planner will compile and transmit all written comments on the Draft EIR throughout the public review period and as one unified set of comments following the close of the public review period. EIP will confer with City staff to review written comments on the Draft EIR, including comments from public meetings and hearings, to develop a general strategy for preparation of responses. The Administrative Final EIR will be submitted to City staff for review and comment. Subtask 5b: Prepare Draft MMP The objective of this subtask is to ensure compliance with Public Resources Code Section 21081.6, as mandated by Assembly Bill 3180 (Cortese 1988), which requires a lead agency to adopt a mitigation monitoring program (MMP) at the time an EIR is certified. EIP will prepare a Draft MMP concurrently with the preparation of the Administrative Final EIR, upon finalization of project mitigation measures. The MMP will be designed to ensure compliance with all adopted mitigation measures during project implementation. The MMP will be in table format, and will specify mitigation measures, standards of success, conditions of approval, parties responsible for implementation and monitoring, funding sources, timing and frequency, criteria to determine compliance with conditions, and provisions for remedial measures (if the success standards are not achieved). The MMP will be designed to fit into the Citys existing entitlement and project review process Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone OUTPUT 1. Distribute eight (8) unbound copies of the Administrative Final EIR and Draft MMP for City staff review. 2. One (1) electronic copy of the Administrative Final EIR and Draft MMP. TASK 6: PREPARE FINAL EIR AND FINAL MMP The objective of this task is to prepare a Final EIR that incorporates City comments on the Administrative Final EIR. Subtask 6a: Prepare Final EIR (Response to Comments EIP will obtain all comments on the Administrative Final EIR from the City's project coordinator, who will compile one set of unified City comments for use in revising the document. EIP will complete revisions to the Administrative Final EIR in conformance with the City s comments and the agreed-upon scope of work. Responses that are within this proposal's scope of work and budget consist of explanations, elaborations, or clarifications of the data contained in the Draft EIR. If new analysis, issues, alternatives, or substantial project changes need to be addressed, or if the effort exceeds the budget amount because of the number or complexity of responses, a contract amendment may be needed. The format of the Final EIR will be as a single document that includes the Draft EIR, comment letters, responses to comments, text revisions, the MMP, and any other appropriate information. It is assumed that the Final EIR will be distributed at least ten days prior to the EIR certification hearing. Subtask 6b: Prepare Final MMP After review and comment on the Draft MMP, EIP will revise the MMP, according to the comments provided, and will submit the Final MMP to the City with the Final EIR. OUTPUT 1. Distribute twenty-five (25) copies of the Final EIR and Final MMP. Production of the Final EIR is not included in the attached cost proposal. Should the City determine that EIP produce the Final EIR copies; their production would be treated as an Optional Task. 2. Provide one (1) clean reproducible original of the Final EIR and Final MMP and one (1) electronic copy. TASK 7: ATTEND PUBLIC MEETINGS AND HEARINGS The objective of this task is to participate in the public meeting and public hearing process on the Draft EIR, and attend the Planning Commission and City Council certification hearings. EIP's participation in the EIR public scoping meeting (prior to publication of the Draft EIR) is described in Subtask 2b of this workplan and not included in this task. Once the EIR is published and circulated for public review, EIP will attend up to four (4) public meetings, which may include any of the following. 22 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Subtask 7a: Participate in Draft EIR Public Hearina (if necessa If a Draft EIR public hearing is held, the EIP Project Managerwill be available to present the findings of the Draft EIR, answer technical questions regarding the Draft EIR, answergeneral questions regarding the environmental review process, and make note of significant comments raised by the interested public. It is assumed that the City will either formally record verbal testimony (and later transcribe the testimony) or request that all public comments are also submitted in writing. EIP will consider the comments collected by the City at the public hearing during preparation of the Final EIR. Subtask 7b: Attend Planning Commission Hearing The EIP Project Manager will be available at the Planning Commission certification hearing to present the findings of the Final EIR, answer technical questions regarding the Final EIR, and answer general questions regarding the environmental review process. Subtask 7c: Attend City Council Hearina If approved by the Planning Commission, the EIP Project Manager will be available at the City Council certification hearing to once -again present the findings of the Final EIR, answer technical questions regarding the Final EIR, and answer general questions regarding the environmental review process. OUTPUT 1. Attend up to four (4) public meetings or hearings, which may include neighborhood meetings and hearings before the Planning Commission or City Council, for a total of twelve (12) hours. TASK 8: PROJECT MANAGEMENT, GENERAL COORDINATION, AND MEETINGS The purpose of this task is to manage the EIP project team, manage the EIR preparation effort, and maintain close communication between City staff and project team members. This task is also intended to ensure that the project is running on time and within budget, and that all work products are of the highest quality. Subtask 8a: Perform Proiect Management and Coordination Activities The EIP Project Manager would communicate, as necessary, with the EIR project team members and City staff to ensure compliance with the schedule, scope of work, and budget. The Project Manager would coordinate the team's work and provide management liaison between the project team and the City for communication of issues, transmittal of comments, financial management, and other project management matters, such as contract processing. OUTPUT 1. Assumes an average of approximately 12 hours per month the course of the project, for a total not to exceed 144 hours. Subtask 8b: Attend Proiect Meetinas EIP's Project Manager and/or Deputy Project Managerwould attend approximately one project meeting per month during preparation of the EIR up to a maximum of 144 hours. It is assumed that one meeting would occur after City review of the Administrative Draft EIR (to discuss comments), one meeting would occur prior to preparation of the Administrative Final EIR and Draft MMP (to discuss strategies for 23 Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlav Zone response to comments and format for the MMP), and two meetings would occur as needed during preparation of the Administrative Draft EIR and/or at the direction of City staff. The project "kick-off' meeting is assumed to occur separately, as part of Task 1. Other meetings may be attended on a time - and -materials basis, additional to the proposed price and with prior authorization by the City. OUTPUT 2. Attendance at up to 12 project meetings (by the Project Manager and/or Deputy Project Manager) for a maximum of 144 hours. 0m, Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Section 3. EIR SCHEDULE EIP proposes the following schedule to complete a Final EIR by November 2006. The schedule below includes the following assumptions: ■ Receipt of a complete and firm project description at kickoff. ■ Stable project description throughout the EIR process. ■ No substantial environmental issues are raised during the IS/NOP comment period. ■ No substantial changes to the traffic report (including trip generation or additional intersections after the completion of the draft report) or other technical reports (including substantial revisions to site plan) are required. 25 § I LUk § ) § / § k Tr G / E m < K ai > LU _ R; * « c - _ /( {n { ] [ f{Ifkf\ )))\§0- { (§?\ §, \§ \\ \\\\ \\\ \ \ \ w\ 0 | } 0 2f/ 4)> 7 ® $ _{ «/ « 6 EL + - 2 ; « | 222-0 9/ * : Li { § § / b $ 0 / k ) f { 2 « \ q -) § e @f ` ) I $ { / 2 - \ (± ! /u a § _ _ ° , _ / § y 2 ! ) _ \ ( ± } 2 :ƒ ui Lu t IL ) -75 k > w0 _ =S ! e � 7ai2 \{} !LU { )kk {) 6 aD\ -, w# - / a. )-_ ( E g)�� })o))/§])( k)©�0 \ )w )7 ) /I E )( \§a E E E E \kZ2- f a CL _- ) { \{J § a)* e6/ /{/§ koe= ko # ƒ (0 \ 0,0 f( I ; )ƒ e \Ott / \ /W LU \\ 42 }{ !\ \/ Z2 §$! \ ƒm{ v v — o k k { § ƒ \ - \ ! ( ) \� } m E§ ( \ ®: f« {{ _ - / \{ \) \ \ {§ ƒ§ {) __ ui LLI {- ) EL k 0 \ 0 k )J \ / § « \ § )� F- F- / ) ) �_� \ \ _ \ _ _ , ma. — ; E } ¥ ) \ ) ))\ / /)) § {0 _ ,y� ` _ ,y, §! LU ( _ g 3 } § k f \ { / Z \ 0 \ ( ( { \ } > \ \ / \ / #) \ (e) ( ) / ) 3 CL § ) « \� ] ) ` ƒ / } CL � - a. ± ` > \ - /( / \§ � CL )/ k / Jf k m ƒ } > f/ [ k 0 5 ƒ 1_ ) k () E E § \ e E f a (If_ C) = e« a / ƒ LU k \k } 2\\f G & 3 4 CL 7: Da ) \ (0 \ 0,0 f( I ; )ƒ e \Ott / LU \\ 42 }{ !\ \/ Z2 §$! Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Section 4. FEE PROPOSAL EIP has prepared a cost estimate that is competitive, yet accurately reflective of the level of effort required to complete the scope of services and schedule requested by the City. For your convenience, we have provided a detailed cost proposal, identifying labor costs by task, by person, and by hour. We have also detailed our direct costs. If the City decides to reproduce various documents, the direct costs associated with reproduction can be reduced. Cost Assumptions The estimated cost and schedule are based on the work program outlined in the scope of work and key issues, and the following assumptions. EIP will draw from technical studies prepared for the project site to the greatest extent possible. Should additional research be deemed necessary beyond that identified in this scope of work, EIP will conduct such research upon specific direction and authorization by the City. EIP would propose to renegotiate the budget to include this additional veork. Should additional technical analysis be required in the EIR beyond that identified in this scope of work following public and agency review of the NOP, EIP would proposed to renegotiate the budget to include any additional work upon specific direction and authorization by the City. EIP will analyze a no -project alternative (consisting of both the no project/no development alternative and the no project/reasonably foreseeable use alternative per Section 15126 of the 2000 CEQA Guidelines), a reduced size alternative, and another alternative that will be defined at a later date. EIP will attend up to: • One scoping meeting. • Four public meetings, including, but not limited to, the Draft EIR public hearing, one Planning Commission, and one City Council meeting. • Twelve (12) project meetings with City staff. Additional public or project meetings EIP is requested to attend will be charged on a time -and -materials basis. EIP has assumed the following specific number of copies of various documents to be printed including: • Eight (8) unbound copies of the Draft IS/NOP for City staff review. • Fifty (50) copies of the Final IS/NOP, including one (1) camera-ready original and one (1) electronic copy. • One (1) presentation of the CEQA process for use at the EIR Public Scoping Meeting. • Fifty (50) copies of project information handout materials for distribution at the EIR public scoping meeting. • Eight (8) bound copies of the 1" and 2nd Administrative Draft EIR for City staff review (this includes one unbound copy of the ADEIR before production of the eight bound copies). • One (1) electronic copy of the 1s` and 2nd Preliminary ADEIR. • Distribute fifty (50) bound copies of the Draft EIR for public review (this number includes the copies of the Draft EIR that are submitted to the State Clearinghouse). • Provide one (1) clean reproducible original of the Draft EIR and one (1) electronic copy. Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone • Distribute eight (8) unbound copies of the Administrative Final EIR and Draft MMP for City staff review. • One (1) electronic copy of the Administrative Final EIR and Draft MMP. • Distribute twenty-five (25) copies of the Final EIR and Final MMP. Production of the Final EIR is not included in the attached cost proposal. • Provide one (1) clean reproducible original of the Final EIR and Final MMP and one (1) electronic copy. Factors that would increase the scope of work and estimated costs outlined in the proposal include: new issues to be evaluated in response to the Notice of Preparation; attendance at additional public meetings; printing of additional copies of reports or the need to distribute a second ADEIR or Screencheck version of the document; analysis of additional issues above those discussed in this proposal or a more detailed level of analysis than described in this proposal; changes in the project requiring reanalysis or rewriting of report sections; collection of data required for the EIR beyond that described in this proposal; attendance at additional in-house meetings beyond those budgeted; and excessive public comments on the DEIR, or comments on the ADEIR or AFEIR related to substantial changes to the project description. EIP would notify the City immediately (and prior to proceeding with out -of -scope work), if any of these conditions appears likely to occur. We would propose to renegotiate these items, if required, or charge on a time -and -materials basis. The breakdown of our proposed cost estimate is valid for 60 days from the date of this proposal. The estimated cost is based on all team members' standard hourly rates, as reflected in the standard Billing Rate Schedule attached. Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone EIP ASSOCIATES HOURLY BILLING RATES AND JOB CLASSIFICATIONS Principal Technical Director/ Program Manager Senior Manager / Senior Scientist /Senior Engineer Senior Planner / Senior Administrator Associate Manager / Associate Scientist / Associate Planner / Associate Administrator Environmental Professional / Planner/ Scientist / Administrative Technician/Analyst / Clerical Mileage is charged at Photocopies are charged at $145—$220/hour $130—$170/hour $100—$140/hour $75—$105/hour $55— $85/hour $35— $60/hour $.485/mile $.15/page Direct costs (i.e., travel, meals, lodging, auto rentals, printing, graphic materials, specialized computer charges, etc.) and subcontractor fees are subject to a 15% administration charge. This schedule is effective from April 1, 2005 to March 31, 2006, and subject to revision thereafter. Invoices will be submitted by Consultant monthly. Client will notify Consultant, in writing, of any objections to an invoice within ten (10 days) of the date of invoice. Otherwise, the invoice shall be deemed acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. The Client's account will be considered delinquent if Consultant does not receive full payment within thirty (30) days after the invoice date. 3. A service charge will be applied at the rate of 1.0 percent per month (or the maximum rate allowable by law) to delinquent accounts. Payment thereafterwill be applied firstto accrued interest and then to the principal unpaid by the Client. 4. EXPERT TESTIMONY: For situations requiring expert testimony, services will be provided at 1.5 times the standard hourly rates listed, with a minimum of four hours. Time spent in preparation and review of testimony will be charged at standard rates. Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone Section 5. EIP PROJECT MANAGEMENT TEAM This proposal is submitted by: EIP Associates 12301 Wilshire Boulevard, Suite 430 Los Angeles, CA 90025 Phone: (310) 268-8132 Fax: (310) 268-8175 E-mail: eipla@eipassociates.com Web Site: www.eipassociates.com EIP specializes in preparing environmental documents and associated planning, natural resources, and technical studies. In our over 30 -year history, we have prepared more than 5,000 practical, solution -oriented environmental documents, many of which have received awards at the state and national levels. Our local understanding will reflect in the quality and credibility of work on the proposed project. A complete description of our local and relevant experience is also included. EIP has assembled a uniquely qualified project team that is collectively able to provide the full range of technical and professional skills necessary for this project. Each of the members of the project team is highly regarded in their respective fields of expertise and has demonstrated experience that is directly relevant to the proposed project. The EIP Project Management Team and technical staff have the ability to provide necessary technical information, unbiased recommendations, and solutions to potential conflicts that may arise as the project moves forward. The project team members and brief summaries of their areas of expertise are described below. EIP Associates Project Management Team Preparation of an EIR for the proposed project requires the careful allocation of staff with relevant knowledge regarding mixed-use development and experience with key issues in the project area. EIP has assembled a core Project Management Team (PMT) to oversee all project tasks, direct EIP and subconsultant staff, and coordinate directly with City staff to ensure an efficient, effective process throughout the duration of the project. The PMT will oversee and coordinate all activities, including a final review of all documents to do the following: ■ Ensure compliance with CEQA guidelines, technical accuracy, and objectivity; ■ Review all technical data to ensure that it is accurately and precisely incorporated into the environmental analyses; ■ Provide consistency checks to ensure that significance thresholds are applied accurately and consistently within each topical section; and ■ Ensure that impacts and conclusions in all sections are consistently stated. Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone The PMT comprises the following people Terri S. Vitar, Project Manager. Ms. Vitar, Regional Vice -President of EIP's Los Angeles Office, is a CEQA/NEPA specialist with over 20 years of experience managing complex, high- profile, multi -disciplinary project teams. She has a solid background in environmental compliance, transportation planning, water resources planning, and natural resources management, with particular expertise in managing projects that require the integration of CEQA and NEPA with other state and federal environmental statutes, including Sections 401, 402, and 404 of the Clean Water Act; the National Historic Preservation Act; and the California Coastal Act. Ms. Vitar is currently managing the City's Land Use Element Update EIR. In addition, Ms. Vitar has obtained both a Traffic Engineering Certificate from the University of California, Berkeley, and an Urban Mass Transit Certificate from the Federal Highway Administration. Chris Mundhenk, Deputy Project Manager. Mr. Mundhenk is an Associate Manager II with extensive experience in managing environmental document development for a multitude of NEPA and CEQA compliance projects. His expertise also includes conducting biological surveys, and noise and air quality modeling and monitoring, and general construction monitoring. He has served as the Project Manager/Deputy Project Manager for several high- profile, highly -contentious projects, including the restoration of the former Ambassador Hotel as a K-12 LAUSD school facility. Mr. Mundhenk holds a B.A. in Biology and Public Policy Analysis from Pomona College. Linda F. Tatum, AICP, Technical Director Ms. Tatum has over 20 years of planning experience, including work at the city, county and State level. Her expertise includes project management for current and advance planning projects. Ms. Tatum's extensive project experience ranges from the management of development projects to the coordination of regional planning activities for local government. Her experience also includes projects ranging from comprehensive general plan updates to zoning ordinance amendments, housing elements and land use analyses. Ms. Tatum has an in-depth understanding of the needs and issues of local government based upon her extensive experience as a public sector planner and manager. Her expertise in project coordination includes resolution of issues related to internal review of documents by multiple parties, i.e., staff, consultants and legal counsel. She has also lead and/or participated in meetings with community groups, elected and appointed officials and special interest groups. Prior to joining EIP, Ms. Tatum served as Planning Manager and Housing Development Manager for the City of Culver City and as Senior Planner for the City of Santa Ana. Ms. Tatum holds a M.S. in Urban & Regional Planning and a B.S. in Government and Sociology from Florida State University. s Proposal to Prepare an EIR and Provide Planning Consulting Services for the First and Fourth Street Corridors Mixed -Use Overlay Zone EIP Associates' References City of Santa Monica Amanda Schachter; Bruce Leach; Sarah Lejeune, (310) 458-8341 Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401 2. City of Huntington Beach Mary Beth Broeren, (714) 536-5550; Jane James, (714) 536-5596; 2200 Main Street Huntington Beach, CA 92684 3. University of California, Los Angeles Tova Lelah, (310) 206-5482 Capital Programs 1060 Veteran Avenue, Suite 329 Los Angeles, CA 90095-1365 4. Linda J. Bozung DLA Piper Rudnick Gray Cary US LLP 1999 Avenue of the Stars, Fourth Floor Los Angeles, California 90067-6022 Direct: (310) 595-3054 Fax: (310) 595-3354 5. City of Santa Ana Dan Bott, (714) 667-2719 Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92702 EXHIBIT C 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 of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative DATE 'M ACORD.. CERTIFICATE OF LIABILITY INSURANCE 04/27/060 PRODUCER n THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates IT � ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR Oakland, CA 94604-2675 510465-3090 Tracy Cink INSURED -- - EIP Associates 353 Sacramento Street, Suite 1000 San Francisco, CA 94111 OVERAGES ALTER INSURERS AFFORDING COVERAGE INSURERA: United States Fidelity & Guaranty INSURER B: St. Paul Protective Insurance Co. INSURER c Greenwich Insurance Company INSURER D. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY E%PIRATION DATE MMIDD DATE M LIMITS A GENERAL LIABILITY BKO1778867 06/01/05 '106/01/06 EACH OCCURRENCE $1000,000 X COMMERCWL GENERAL LIAB ILITY SII FIRE DAMAGE (My one fire) $1,000,000 CLAIMS MADE X OCCUR 7 MED EXP (Any one person) $10,000 PERSONAL B ADV INJURY $120001000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE UMIT APR IES PER. PRODUCTS -COMPIOPAGG $2,000,000 POLICY FX PRO X LOC A AUTOMOBILE LIABILITY BA01873839 06/01/05 06101/06 IcomeweDSINGLE LIMIT $1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY BODILY INJURY $ SCHEDULED AUTOS (Per peron) s X HIRED AUTOS 'I BODILY INJURY $ X NON -OWNED AUTOS (Peracotlenq PROPERTY DAMAGE $ SII (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ 1 AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND jWVA7726264 109/01/05 09/01/06 X ggriL+Ir$ �ER _ EMPLOYERS' LIABWTY Ems. EACH ACCIDENT $1,000,000 1 1E.L. DISEASE - EA EMPLOYEE $1,000,000 I E.L. DISEASE -POLICY LIMIT $1000000 C OTHER Professional PECO016553 06/01/05 06101/06 $2,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONWLOCAnONSNEHICLEWUCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. All Operations of the Named Insured. (See Attached Descriptions) SHOULD ANYOF TH E ABOVE DESCRIBED POLICIESSE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WIKXNK f LVM TO MAIL 30 DAYS WRITTEN Attn: Tonle Zerba iNOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,XEtHXXKWXXXXXXXxki 20 Civic Center Plaza, Ross / XRRIOD(N)OMarntmeumx*xxxDogex xxx4uOrAotemneaa< axouomom Annex M-20 )mRamewuriom Santa Ana, CA 9271}2— - _. _. ...AUTHORIZED REPRESENTATNE IL i ACORD 25-S (7/97)1 of 2 o ACORD CORPORATION 198E DESCRIPTIONS (Continued from Page 1) Project Name/Number: Santa Ana MU OPverlay/#10950-01. (See attached Endorsement). a �3 AM 25.3 )U7/s7) 2 Of Z iFM1376U6 Policy Number: sxo1778867 Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 04/27/06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, CA 92702 SECTION II - WHO IS AN INSURED 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 work" for that insured by or for you. Schedule Contd: The City of Santa Ana, its officers, employees, agents, volunteers and representatives. CL/BF 22 40 03 95 C6nnNb 1a7n FID ACORD,„ CERTIFICATE OF LIABILITY INSURANCE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR 04127/ 6°" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 06/01/05 510 465-3090 Tracy Cink INSURERS AFFORDING COVERAGE INSURED EIP Associates A 353 Sacramento Street, Suite 1000 San Francisco, CA 94111 INSURER A: United States Fidelity & Guaranty INSURER B: St. Paul Protective Insurance Co. INSURER C: Greenwich Insurance Company INSURER 0: INSURER E: MED EXP (Anyone Person) $10,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDNYI POLICY EXPIRATION DATE(MI LIMITS A GENERAL LIABILITY BKO1778867 06/01/05 06/01/06 EACH OCCURRENCE $1000000 FIRE DAMAGE (Anyone fire) $1000000 X COMMERCIAL GENERAL LI ABILITY CLAIMS MADE 1XI OCCUR MED EXP (Anyone Person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMPIOPAGG $200-00-0-0- POLICYFX FX LOC JECT A AUTOMOBILE X LIABILITY ANY AUTO BA01873839 06/01/05 06/01/06 COMBINED SINGLE LIMIT a1,000,000 (Ea ao ent) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per parson) X X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per acatlen) PROPERTY DAMAGE $ (Per awdent) - GARAGE LIABILITY/// AUTO ONLY - EA ACCIDENT $ ANYAUTO Y 'L -� -, �>) OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WVA7726261 09/01/05 09,'01/06 X WRYTA II GTR IE EL EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional PECO016553 06/01/05 06/01/06 $2,000,000 per Claim Liability $2,000,000 Ann] Aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. All Operations of the Named Insured. (See Attached Descriptions) City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, CA 92702 I ACORD 25S (7/97)1 of 2 #M137608 CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WINXXXX $xxx TO MAIL 30--DAYSWRITTEN E TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,7g[I[xp)LW�m)pAppMt/N{K 0 ACORD CORPORATION 1988 `q" 'ODESCRIPTIi7 `(.Continued froi i 'P! re) �r�: ,177 Project Name/Number: Santa Ana MU OPverlay/#10950-01. (See attached Endorsement). AMS 25.3 (07/97) 2 of 2 #M137608 Policy Number: BKO1778867 Owners Lessees or Contractors (Form B) ADDITibNAL INSURED Change(s) Effective: 04/27/06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, CA 92702 SECTION II - WHO IS AN INSURED 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 work" for that insured by or for you. Schedule Contd: The City of Santa Ana, its officers, employees, agents, volunteers and representatives. CL/BF 22 40 03 95 AA ORD. CERTIFICATE OF LIABILITY INSURANCE D9A/25/06TE5/06 YY) TYPE OF INSURANCE 0 PRODUCER 1-866-220-4625 Holmes Murphy and Associates - Omaha THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2637 south 158th Plaza Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Omaha, ME 68130 INSURED Pont, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J 2001 NM 107th Avenue INSURER A: Steadfast Insurance Company/#26387 INSURERS: Zurich American Insurance Company/#16535 INSURER C: American Guarantee & Liability Ing. Co. / #16535 INSURER D: Miami, FL 33172-2507 INSURER E: // G'-0 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INLTR SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS B GENERAL LIABILITY GLO 9139458-00 09/30/06 09/30/07 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR 20 Civic Center Plaza A3 // G'-0 FIRE DAMAGE (Any one fire) $1,000,000 MED EXP (Any one person) $ 25,000 Roes Annex M-20 X Contractual Liability Xjl j KXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxx. PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AUTHORIZED REPRESENTATIVE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO X X LOC PRODUCTS - COMP/OP AGG $2,000,000 C C AUTOMOBILE X LIABILITY ANY AUTO BAP 9139457-00 BAP 9139486-00 09/30/06 09/30/06 09/30/07 09/30/07 COMBINED SINGLE LIMIT Ea accident)$ 2 000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X X Contractual Liability PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ A EXCESS LIABILITY X1OCCUR F� CLAIMS MADE AUC 508762102 09/30/06 09/30/07 EACH OCCURRENCE $25,000,000 AGGREGATE $ 25,000,000 DEDUCTIBLE RETENTION $0 B WORKERS COMPENSATION AND EMPLO EMPLOYERS' LIABILITY NC 9139459-00 09/30/06 09/30/07 X WC SLIMIT FR E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER E E ff DESCRIPTION OF OPERAMONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Named Insured Includes: SIP Associates, a division of PBS&J. General Liability policy excludes claims arising out of the performance of Professional Services. All Operations of the Named Insured - Project Name/Number: Santa Ana MU OPverlay #10950-01. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Addtional Insureds on the General Liability with respect to the operations of the insured. USA ganderson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL @WXQ14O&[MAIL 90 DAYS WRITTEN Tonia Zerba /� NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, S(M766Xn 25ZVXXMMIAXX 20 Civic Center Plaza A3 // G'-0 XAIA36if�17N�dYC]UWt1tTWYEIINXli1f•JEIf�T�W%7CiGN# >tAItX>i�47@FY.7NGCNY0�71K Roes Annex M-20 Ey��� Xjl j KXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxx. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE USA ganderson IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. N Jam/ a zo ,7/9T COMMERCIAL INSURANCE ENDORSEMENT Insurance for this coverage part provided by: Zurich American Insurance ADDITIONAL INSURED COMMERCIAL AUTOINSURANCE Policy Number BAP 9139457-00 Renewal of Number THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING: BUSINESS AUTO COVERAGE PART SCHEDULE NAME: "AS REQUIRED BY WRITTEN CONTRACT' WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON (S) OR ORGANIZATION (S) SHOWIN IN THE SCHEDULE BUT ONLY WITH RESPECT TO THEIR LIABILITY ARISING OUT OF: A) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION DESIGNATED, OR B) ACTS OR OMISSIONS OF THE ADDITIONAL INSUREDS) IN CONNECTION WITH THEIR GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCTION SHOWN IN THE SCHEDULE. FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE OR USE OF A COVERED AUTO, THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE AVAILABLE TO THE SCHEDULED INSURED. /&, l3 JLo COMMERCIAL INSURANCE ENDORSEMENT Insurance for this coverage part provided by: Zurich American Insurance COMMERCIAL AUTOINSURANCE Policy Number BAP 9139457-00 Renewal of Number U -CA -388-A (07-94) POLICY NUMBER: BAP 9139457-00 COMMERCIAL AUTO CA 20 0103 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The PBSJ Corporation Endorsement Effective Date: Name: Title: Signature: SCHEDULE Insurance Company: Zurich American Insurance Company Polic Number: BAP 9139457-00 I Effective Date: 09/30/2006 Expiration Date: 09/30/2007 Named Insured: The PBSJ Corporation Address: 5300 W. Cypress Street, Tampa, FL 33607-1764 Additional Insured (Lessor): ALL LESSORS Address: Designation Or Description Of "Leased Autos": ALL LEASED AUTOS Coverages Limit Of Insurance Liability $ 1,0o0,000 Each "Accident' Comprehensive Actual Cash Value Or Cast Of Repair Whichever Is Less, Minus $ 1,000 Deductible For Each Covered "Leased Auto" Collision Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus $ 1,000 Deductible For Each Covered "Leased Auto" Specified Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Causes Of Loss 1 $ Deductible For Each Covered "Leased Auto" Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Coverage "auto" you own and not a covered "auto" you I. Any leased auto" designated or described in hire or borrow. the Schedule will be considered a covered pA CA 20 0103 06 Copyright, ISO Properties, Inc., 2005 Gr Page 1 of 2 UNIFORM 2. For a 'leased auto" designated or described in the Schedule, Who Is An Insured is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "in- sured" only for 'bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee' or agent of the lessor, oper- ating a 'leased auto" with the permission of any of the above. 3. The coverages provided under this endorse- ment apply to any 'leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the 'leased auto', whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a 'leased auto'. 2. The insurance covers the interest of the les- sor unless the 'loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premi- ums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto leased or rented to you, including any substitute, replacement or extra "auto' needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Page 2 of 2 Copyright, ISO Properties, Inc., 2005 CA 20 0103 06 0 ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To Us y No. Ell'. Date of PoL Exp. Date of Pol. 1:11 Date of End. gency No. Addl. Prem Re. 9139457-00 19/10/2006 9/30/2007 if 1-80MO0 hm Prcm This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations. THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: The PBS] Corporation Address (including ZIP code): 5300 W. Cypress Street Tampa, FL 33607-1764 This endorsement modifies insurance provided under the: Business Auto Coverage Form Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, '['HAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident' or "loss" resulting from the ownership, maintenance, or use of a covered "auto" for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. Countersigned Date: Authorized Representative / ULA -320-B CW (4/94) Page I of I SCHEDULE OF LOSS Insurance for this coverage part provided by: ZURICH AMERICAN INSURANCE COMPANY St Veh. # Description Of Vehicle Loss Payee and Mailing Address ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE LOSS PAYABLE COVERAGE. U -CA -387-A(7/94) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed, 4-94) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the Inception date of the policy unless a different date is Indicated below. (The lollowing'attaching clause" need be completed only when this endoraemant is issued subsequent to preparation 01 the policy ) This endorsement, effective on 09/30/2006 at 12:01 A M. standard time, forms a pan of (DATE) Policy No. WC 9139459-00 of the Endorsement No, ZURICH AMERICAN INSURANCE COMPANY (NAME OF INSURANCE COMPANY) Issued to Post, Buckley, Schuh & Jernigan, Inc. dibla PBS&J Named Insured Includes EIP Post, Buckley, Schuh & Jernigan, d/b(a PBSBJ f Premium (if any) $ ZJ rWJ Authorized Represenla We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will riot enforce our right against the person or organization named In the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule The additional premium for this endorsement shall be mlum otherwise due on such remuneration. Schedule Person or Organization % of the California workers compensation pre - Job Description The City of Santo Ann, its officers, employees, agents, RE: Santa Ana MU Overlay #10950-01 volunteers and representatives Attn: Tonia Zerba 30 Civic Center Plaza Ross Annex M-20 Santo Ann CA 92702 opke; WC 252 (4-84) WC 04 03 00 (Ed. 4-84) Page I of i 2,2'd I9bI £Z6 bTL:01 62L2 66S S0£ -IU93-� fS8d:W0bd I0:91 9002-£I-n0N SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE 09/25/06 Poet, Buckley, Schuh & Jernigan, Inc. I d/b/a PBS&J Additional Insured on the General Liability & Auto Liability on a Primary & Non -Contributory basis, including completed operations "where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project. Blanket Additional Insured Lessor/Lose Payee on the Auto Liability. waiver of Subrogation on the General Liability, Auto Liability, and workers Compensation ^where Required by Contract". umbrella follows form to the Additional Insureds on the General Liability.