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HomeMy WebLinkAboutP & D CONSULTANTS, INCAGREEMENT TERMINATION Est AIr" 015 R1 t-z Please complete this form when the attached agreement is no longer in effect. '� i Ur -AN i4l AAA Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647� J$ �f o V emery_ questions. The agreement with%t) / -- r NoY--bO7 UW was completed on <�� "/ and final payment has been made. Department. Signature: Date: City of Santa Ana Revised 3-2-07 Clerk of the Council INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES �_/—O� CLERK OF COUNCIL DATE: 5/AIp7 CONSULTANT AGREEMENT A-2007-071 ('21 THIS AGREEMENT, made and entered into this 2"d day of April, 2007 by and between P&D Consultants, Inc., a Delaware corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental study and consulting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall prepare and Environmental Impact Report and related technical studies for the West End Lofts development, as set forth in Exhibit A to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review by 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. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $246,625.00 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. 4. TERM This Agreement shall commence on the date first written above and terminate upon certification of the Final EIR and Notice of Determination, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 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, 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, employees, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of effects arising from this Agreement to the extent caused by the negligent acts, errors or omissions of the Consultant in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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: and Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 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: P&D Consultants Ms. Anne Pietro 999 Town & Country Road, 4"' Floor Orange, California 92868 telefacsimile (714) 285-0740 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 terns 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 perforated 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 its 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. fN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney IJ By: J2 uCe Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. RE 1 City Manager P&D CONSULTANTS -U146144, . 9"VLe,, 7tML z W+R-(4-M f(-04 EL- A 150V1,t1 ft2-- Sr- ProJeVt e F pltr%SI 1) F_ N r- Tax ID# 9S-y`%73/0/ TCB 1 AECOM NIL March 8, 2007 Pedro Guillen, Associate Planner City of Santa Ana Planning Division 20 Civic Center Plaza, M20 Santa Ana, CA 92701 Subject: Proposal for an Environment Impact Report for City Place Sky Lofts Project P&D Consultants is pleased to provide the City of Santa Ana with this proposal for an Environmental Impact Report (EIR) for the City Place Sky Lofts Project (Sky Lofts Project). Based on our understanding of the project, we have provided the following information, including a scope, schedule, and fee estimate. Project Understanding P&D understands that an EIR (State Clearinghouse No. 20040418) was prepared in February 2005 for the City Place Project. Entitlements were granted for the City Place Project in 2005 via the approved EIR, Specific Development zone, conditional use permit, development agreement, and vesting tentative tract map to allow 57,700 square feet of commercial, 73 live/work lofts, and 112 new town homes. P&D understands that the applicant for the Sky Lofts Project is the same as the applicant for the previously approved City Place Project. The City Place Project is currently under construction, with the exception of two -acres which are now being proposed as the site for the Sky Lofts Project. The site is vacant and is located at the northwest corner of Lawson Way and Jeanette Lane. To the south is Santiago Park, to the east a senior housing facility, and to the north, existing development within the City of Orange, including office and commercial uses. In 2005, the City Place EIR was certified. However, the town homes proposed for the two acres were not approved by the City Council. Instead, through the Specific Development zone, two single family homes were entitled on these two acres. As part of the development agreement, the two acres were set aside from the City Place Project to study the possibility of developing a high-rise project. The City Place Project was not entitled for any high-rise development. Project Description The Sky Lofts Project would be a 29-story building above a four -level, above -grade parking structure with 2.5 levels below grade, and would include approximately 350 residential units. The Sky Lofts Project would also include various public utility systems. P&D's Approach P&D proposes to prepare an EIR for the Sky Lofts Project. The EIR will include pertinent information from the City Place EIR and new information and analysis related to the Sky Lofts Project. EXHIBIT A ; Page 2 Pedro Guillen March 8, 2007 The EIR will be prepared in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended (California Public Resources Code Section 21000, et sec.), and CEQA Guidelines (California Code of Regulations Section 15000, et seq.). The following are the key work program tasks required to successfully prepare and process the EIR for the proposed project. Scope of Work Task 1.0 Technical Studies Technical studies will be prepared in support of the EIR for Air Quality, Noise, and Traffic. P&D assumes that the applicant will provide the previously prepared Geotechnical Study and Hydrology Study and that these technical studies will be sufficient to address potential impacts of the 29-story Sky Lofts Project building related to these environmental parameters. P&D assumes that the City will review and approve these studies. Air Quality Impact Analysis P&D will provide an air quality impact analysis (AQIA) study for the Sky Lofts Project. The AQIA will primarily follow the evaluation methods and criteria developed by the South Coast Air Quality Management District (SCAQMD) as outlined in the SCAQMD CEQA Air Quality Handbook, dated 1993, and all supplemental policies. P&D will estimate emissions associated with the construction phase of the proposed project. Emission estimates will be used to evaluate the Sky Lofts Project for conformity with the SCAQMD Air Quality Management Plan (AQMP). P&D will work with the City to accumulate detailed information on the project construction, including construction phasing and heavy equipment requirements. Emissions will be calculated for criteria pollutants and toxic air contaminants (TAC) emissions, where information is available. The emissions estimates will be based on information provided by the project design team with regard to construction requirements, andiorwill be developed based on standardized approaches as presented in the CEQA Handbook for construction of mixed -use developments. P&D will then evaluate the significance of project emissions based on significance thresholds as presented in the CEQA Guidelines checklist. Where required, P&D will evaluate mitigation measures that may reduce potential impacts associated with construction activities. The proposed project will also be analyzed for consistency with applicable air quality and transportation planning programs, as appropriate. Air quality analysis for the City Place Project EIR included a carbon monoxide (CO) Hot Spots analysis for seven (7) intersections. To evaluate project compliance with short-term CO standards, the EIR will include CO Hot Spots evaluation for the 7 intersections included in the City Place Project EIR, or as appropriate pending the traffic analysis. P&D will provide a preliminary draft for review and comment, a final draft for review and comment, and a final AQIA for the EIR. Noise Technical Study Weiland Associates, Inc. will prepare a noise technical study for the EIR that will include the following: • A survey of the study area to identify the location of the noise sources in the area. • Definition of significance criteria for the project based on the CEQA Guidelines checklist, the City's General Plan standards, and the City's noise ordinance standards. Page 3 Pedro Guill6n March 8, 2007 • Ambient noise measurements obtained at selected locations within the study area to identify the existing noise environment. • An analysis of the existing noise environment relative to the noise sources in the study area. • An analysis of the future without -project noise environment relative to the noise sources in the study area. • An analysis to identify the noise levels that will be generated by the Sky Lofts Project component. • An assessment of the impact of the future noise environment on the existing land uses within the study area relative to the significance criteria. • An assessment of the impact of the future noise environment on the project site relative to the significance criteria. • An assessment of construction noise impacts associated with the project. Where significant impacts are assessed, methods will be identified by which the noise may be reduced to a level of compliance with the significance criteria. Traffic Technical Study P&D will prepare the traffic impact study for the circulation issues related to the Sky Lofts Project. The traffic analysis will include (1) Existing Conditions, (2) Future Traffic Conditions, (3) Traffic Impact Analysis, (4) Mitigation Measures, (5) Site -Specific Traffic Analysis, and (6) Report Preparation. Existing Conditions P&D will determine the existing conditions within the study area which will be summarized in the traffic study. P&D will conduct at least one field visit to establish the circulation characteristics within the study area. Circulation characteristics may include, but not be limited to, the following: mid -block lane configuration, intersection geometry/controls and pedestrian, bicycle, parking and transit facilities. P&D anticipates the study area will be the same as the previous traffic study prepared by P&D in 2004 for City Place. The previous traffic study area was determined in conjunction with both the cities of Orange and Santa Ana. The study area included eight road segments, three ramp segments and 21 intersections. The final study area for this traffic study will also be determined in conjunction with both the cities of Orange and Santa Ana. The subconsultant, Southland Car Counters, will collect the traffic counts for the study area. As of February 2007, traffic near the proposed project site and in the anticipated study area has normalized with completion of the major construction activities for the State Route (SR) 22 widening project near the proposed project site. P&D will obtain and review recently completed traffic impact studies and other pertinent information for projects in the areas surrounding the project site from both the cities of Orange and Santa Ana. Future Traffic Conditions The following tasks will develop the traffic conditions for the proposed project. The traffic conditions will be used to determine the impacts the project may have to the circulation system. Background traffic forecasts for the Opening Year will apply an ambient regional traffic growth rate to existing traffic volumes and add cumulative project traffic from neighboring projects. The cumulative projects list will be determined in conjunction with both the cities of Orange and Santa Ana. Page 4 Pedro Guillen March 8, 2007 As included in the previous traffic study for City Place and as usually requested by the City of Santa Ana, this traffic study will include a traffic analysis for General Plan buildout. Daily background traffic forecasts at General Plan buildout will be supplied by the Orange County Transportation Authority (OCTA) from the Orange County Traffic Analysis Model (OCTAM). The General Plan buildout year in OCTAM was recently updated from 2025 to 2030. The 2030 daily background traffic forecasts will be post -processed to determine the peak hour intersection turning volumes. P&D will generate project traffic from the Institute of Transportation Engineers' (ITE's) Trip Generation and other trip generation resources. The project traffic will then be distributed and assigned to the circulation network based on OCTAM. Traffic Impact Analysis P&D will conduct a traffic impact analysis for the study area defined in Existing Conditions for the following scenarios: • Existing Conditions (2007) • Opening Year (year to be determined [TBD]) without the Project • Opening Year (year TBD) with the Project • Opening Year (year TBD) with the Project with Mitigation (if needed) • General Plan Buildout (2030) without the Project • General Plan Buildout (2030) with the Project • General Plan Buildout (2030) with the Project with Mitigation (if needed) P&D will calculate the Level of Service (LOS) for each of the study road segments, ramp segments and intersections. The road segment LOS will be determined on a daily maximum volume for each corresponding LOS and road classification. The ramp segment LOS will be determined based on the hourly volume -to -capacity (VIC) ratio. The LOS for signalized intersections will be based on the Intersection Capacity Utilization (ICU) methodology. The LOS for signalized intersections at the California Department of Transportation (Caltrans) ramps will be based on the Highway Capacity Manual (HCM) methodology. The LOS for unsignalized intersections will be based on the HCM methodology P&D will identify project -related traffic impacts based on a comparison of the results of LOS analyses between the applicable scenarios listed above. Project impacts will be based on City's standards. P&D will conduct the peak hour signal warrant analysis for Lawson Way at Memory Lane to determine if traffic signals are warranted at these locations for existing and future conditions. The signal warrant analysis will be conducted using the methodology described in the California Manual on Uniform Traffic Control Devices (CA MUTCD). Mitigation Measures (If Necessary) As appropriate, mitigations measures designed to reduce potential circulation impacts to acceptable levels will be identified. Evaluation of potential mitigation measures and an analysis of their effectiveness will be provided. The analysis may include schematic drawings of impacts and proposed intersection layouts. Page 5 Pedro Guillen March 8, 2007 Site -Specific Traffic Analysis Analysis of the following site -specific, traffic -related items will be included in the traffic analysis, unless it is determined in consultation with the City of Santa Ana that an item is not required. • General project access assessment. • Geometric configuration/striping. • On -street parking impacts. • Parking structure operations. • Delivery truck access. • Neighborhood impacts. • Pedestrian circulation. Report Preparation P&D will prepare three hard copies of the Draft Traffic Study. The Draft Traffic Study will be revised (as appropriate) per City comments and three hard copies of the Final Traffic Study will be submitted. Sewer Study Metcalf & Eddy (M&E) wilt prepare a sewer study for the EIR that will include the following: Assumptions • Prior work by the M&E main sewer modeler on the Orange County Sanitation District (OCSD) Strategic Plan Update J-101 establishes M&E's understanding of the complex nature of the OCSD collection system. o The main assumption for this study is that M&E will have access to OCSD's Info. Works Model to facilitate the current and future scenario analysis. o If the OCSD Info. Works Model is not provided, significant model -built and calibration will be required to provide an adequate basis for analysis. M&E does not expect that OCSD will provide a model of the entire system, rather the ability to view the entire system in order to prune out the extent necessary to perform the analysis. • OCSD operates many diversion structures which can route flows through their system in many ways. The model extent will be determined such that normal operating conditions can be simulated with the use of an inflow file at the pruned edges of the model. It cannot be expected that the inflow files will include all of the possible upstream flow conditions. Project Management This task consists of drafting internal schedule and work plans, client meetings and progress reports, and quality assurance/quality control measures. Data Acquisition M&E will gather and review available background data on the OCSD collection system as well as member agency systems affected by the proposal. OCSD and member agency master plans, county and member agency land use and general plan data and reports will be needed. If the OCSD model Page 6 Pedro Guillen March 8, 2007 is not provided, physical system data will be required to build the model. It is assumed that the data is readily available and the district will assist with gathering the data. Flow Generation If the OCSD model is provided, M&E will review current (2005) and future model population, employment, and commercial flow inputs and update them where they do not match current and future conditions. Average and peak day dry weather flows, unit flow factors, and demand patterns will be established for current and future conditions based on the OCSD model and member agency data provided. Average and peak day wet weather flows will be based on the OCSD model or other master plan data. M&E will develop flow scenarios to match current conditions without the proposed project, current conditions with the proposed project; 2010 conditions with the proposed project; and 2030/Buildout conditions with the proposed project. Model Build If the OCSD model is provided, this task is considerably easier and only involves determining the model extent necessary. If no OCSD model is provided, this task involves building a model with pipes, manholes, and sewersheds that cover the member agency and OCSD sewers based on the determined model extent. Capacity Evaluation M&E will perform capacity simulations with the updated Info. Works model for the following 4-6 main scenarios (a total of 8-10 with wet weather runs): • Current conditions without proposed City Place Sky Lofts development (2006-2007). Current conditions with proposed City Place Sky Lofts development (2006-2007). • Future conditions without proposed City Place Sky Lofts development (2010, and possibly 2030). • Future conditions with proposed City Place Sky Lofts development (2010, and possibly 2030). Present EIR Impact A full analysis of the impacts to the OCSD and member agency sewers will be performed. The results of the analysis will be conveyed with text, tables, graphs, figures, and maps. The deliverable of this task will be a memorandum or short report. It should be noted that if assumptions above hold true, it is anticipated that the study can be completed within 30 to 45 calendar days from the notice to proceed. If assumptions do not hold true, M&E anticipates the study will require 45 to 60 days to complete. Water Assessment (Not Included) A water assessment is not included in the scope of work, as P&D's review of Senate Bill (SB) 221 and SB 610 indicates that they would not apply to the Sky Lofts Project. Shade -Shadow Analysis P&D will conduct a shade -shadow analysis of the Sky Lofts Project building. Figures will be prepared with computer software that will show the shadow patterns cast by the building during summer and Page 7 Pedro Guillen March 8, 2007 winter seasons. Shade -sensitive receptors, generally residential uses, that would be affected by the shadow will be identified, and the impacts of the cast shadow will be described in text. Analysis of Airport and Federal Aviation Administration (FAA) Requirements The project will be reviewed with respect to Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace and the County Airport Land Use Plan. With respect to Part 77 the assessment will indicate if the object is considered an obstruction under Part 77 and if it will be necessary to submit FAA Form 7460, Notice of Construction or Alteration. If it is found the submittal of Form 7460 is required, general information on the process and likely timelines will be provided. Task 2.0 Prepare Notice of Preparation/initial Study P&D will prepare a Notice of Preparation (NOP) in compliance with CEQA Guidelines using the City's standard form. The NOP will include a description of the Sky Lofts Project and a brief discussion of the impacts that may result. In addition, P&D will prepare an Initial Study (IS) to identify potential impacts and to inform public agencies and the general public as to the environmental parameters that will be evaluated in detail in the EIR. All questions marked on the IS Checklist will be explained in an attachment to the IS. During the IS development, the environmental parameters will be assessed for project impacts and the need for mitigation. If mitigation is contemplated, it will be identified in the IS and covered in the EIR. P&D will submit a Draft NOP/IS for review by City staff and will make required revisions before finalizing the NOP/IS. The NOP/IS will be sent to the State Clearinghouse, all responsible and trustee agencies, federal cooperating agencies, and other interested parties by certified mail. The NOP/IS will be fled with the County Clerk by P&D. An NOP/IS distribution list provided by City staff will be used. Comments received on the NOP/IS will be addressed in the EIR Task Deliverables • Prepare Draft NOP/IS for review and comment by City staff (electronic submittal). • Revise Draft NOPAS based on City comments and submit for final review and approval by City staff (electronic submittal). • Prepare Final NOP/IS, based on comments on the revised draft, for public distribution (one electronic copy and 30 hard copies). • Distribute 15 copies of the NOP/IS to the State Clearinghouse. • Distribute 15 copies of the NOP/IS as directed by the City. • File the NOP/IS with the County Clerk. Task 3.0 Public Scoping Meeting Although CEQA does not normally require scoping meetings, a scoping meeting was held for the City Place Project, and the City may want to hold a public scoping meeting for the Sky Lofts Project to gain input from residents in order to understand their concerns. Potential concerns of nearby residents related to the 29-story Sky Lofts Project may be different than concerns related to the original City Place Project. For this proposal, P&D has budgeted one scoping meeting, which we recommend be held during the NOPPS comment period. It is recommended that the scoping meeting be held during the NOP comment period, so residents have a chance to review the NOP/IS and then provide comments or concerns. P&D will assist the City in organizing the scoping meeting (public meeting notices, agendas, and other scoping meeting related materials). P&D will attend the scoping meeting, prepare a PowerPoint Presentation slideshow, and compile and summarize all contact information and comments. Page 8 Pedro Guillen March 8, 2007 Task Deliverables 1. Draft and final notice of scoping meeting (electronic submittals). 2. Draft and final: one page scoping meeting agenda in electronic form for review/comment and in hard copy for the meeting (30 copies for meeting); sign-up sheet format in electronic form for review/comment and in hard copy for the meeting (one page; 10 copies for meeting): form for submitting written comments in electronic form for review/comment and in hard copy for the meeting (one page; 30 copies for meeting). 3. Draft and final PowerPoint Presentation. 4 Draft and final summary of comments made at the scoping meeting. Task 4.0 Screencheck Draft EIR P&D will prepare a Screencheck Draft EIR that meets the requirements of CEQA. The various analyses and information from technical reports will be compiled into a single coherent EIR and will be carefully reviewed for content and consistency by P&D's Technical Oversight Manager and the EIR Project Manager, The Screencheck DER will contain the information outlined in the following sections: 4.1 Executive Summary of Impacts and Mitigation Measures This section will contain a brief summary of the proposed project and its consequences. The summary will include significant effects, mitigation measures, proposed alternatives, and unavoidable adverse impacts. 4.2 Introduction This section will contain an overview of the CEQA process, including the statutory requirements for preparing an EIR and the City's role in processing the EIR. This section will also include a summary of the comments/letters received during the NOPAS 30-day public review period and the reasons for preparing an EIR. 4.3 Project Description This section will contain the following information: • A regional map of the project site. Site plans of the City Place Project and the Sky Lofts Project, as provided by the applicant, will be included in the project description. • A list of permits and other approvals required to implement the project and related environmental review under federal and state laws, regulations or policies. • A description of the project's technical and environmental characteristics. • A clearly written statement of project objectives which will assist the client in developing reasonable alternatives to be evaluated in the EIR, as stated in Section 15124(d) of the CEQA Guidelines. • A statement briefly describing the intended use of the EIR. • A list of responsible and/or trustee agencies expected to use the EIR in their decision -making. 4.4 Environmental Setting, Environmental Impacts, and Mitigation Measures This section will contain a description of the physical environment conditions (existing conditions) in the vicinity of the proposed project, as they exist at the time the NOP11S is circulated/filed. This description will constitute the baseline physical conditions which will be used to determine whether an Page 9 Pedro Guillen March 8, 2007 impact is considered significant. In addition, this section will include regulatory policies and programs that apply to this project, impact criteria (thresholds), potential environmental impacts, appropriate mitigation measures, and the level of significance after mitigation is implemented. P&D anticipates that the following environmental parameters will be analyzed in the EIR: • Aesthetics, Light and Glare. • Air Quality. • Geology, Soils and Seismicity. • Hazards and Hazardous Materials. • Hydrology and Water Quality. • Land Use and Planning. • Noise. • Public Services. • Recreation. • Transportation and Circulation. • Utilities and Service Systems. 4.6 Effects Found Not to be Significant This section will contain a discussion indicating the reasons why various effects of the proposed project were determined not to be considered significant. 4.6 Cumulative Impacts This section will discuss the cumulative impacts that would be created by construction and operation of the project. P&D will consult with the City concerning methods best used to address cumulative projects (e.g., list approach, General Plan buildout, etc.) and corresponding impacts. 4.7 Alternatives This section of the EIR will address alternatives that would attain most of the project's basic objectives and lessen significant impacts resulting from the proposed project. The alternatives will be developed through the documentation process in cooperation with the City. P&D assumes that at least three (3) alternatives will be discussed, including the No Project and two build alternatives. 4.8 Growth -Inducing Impacts This section will discuss the growth -inducing impacts that could be created by the approval of the proposed project. 4.9 Unavoidable Adverse Impacts This section will discuss the significant unavoidable adverse impacts that will be created by construction and operation of the proposed project. 4.10 Significant Irreversible Environmental Changes This section will discuss significant adverse irreversible environmental changes that would be caused by implementation of the proposed project. In addition, irretrievable commitments of resources will be discussed. Page 10 Pedro Guillen March 8, 2007 4.11 List of Preparers This section will include a list of personnel and consultants who were primarily responsible for preparing the EIR or performing environmental studies. Task Deliverables • Submit 15 hard copies of the first Screencheck DEIR for City review. • Submit 15 hard copies of the second Screencheck DEIR to the City with revisions from comments received on first Screencheck DEIR. • Address and incorporate pertinent comments and submit a final copy of the Screencheck DEIR called a Print Check EIR to the City forfinal review prior to the publication of the DEIR. • Incorporate any comments on the Print Check DEIR into the document by P&D and the DEIR at that point will be ready for publishing for public review. Task 5.0 Prepare Notice of Availability and the Notice of Completion and Print DEIR P&D will prepare the Notice of Availability (NOA) and the Notice of Completion (NOC) in compliance with the CEQA. The City will be sent these notices for review and approval before they are finalized by P&D. A total of 30 hard copies of the DEIR will be printed and distributed, with the notices to the responsible and trustee agencies, federal cooperating agencies and other interested parties identified on the distribution list provided by the City. P&D will also create 30 CDs of the DEIR and make them available for distribution. It should be noted that 15 of the CDs will be sent to the State Clearinghouse, along with 15 copies of the Executive Summary. Task Deliverables • Prepare NOA and NOC. • Print 15 copies of the Executive Summary along with 15 CDs of the DEIR, and overnight mail them to the State Clearinghouse (include the NOC and 15 copies of the NOA). • Print 65 hard copies of the NOA. Mail out copies of the NOA as directed by the City. • Print 30 hard copies of the DEIR and 15 copies of the DEIR on CD and distribute as directed by the City. • File the NOA with County Clerk and publish the NOA in the Orange County Register. Task 6.0 Prepare Response to Comments Received on the DEIR P&D and City staff will jointly review comments received during the 45-day public review period of the DEIR. P&D will prepare draft written responses to appropriate comments received on the DEIR that focus on the adequacy of the DEIR, as required by CEQA. P&D will integrate all the responses into the Draft RTC Report and submit the RTC for City staff review. P&D will incorporate City comments into the final RTC Report. It should be noted that our cost estimate does not include the receipt of detailed/extensive or voluminous comments from attorneys or special interest groups. Should an extensive number of comments be received, these comments will be discussed with the City and appropriate scope expansion will be made prior to beginning preparation of responses. Page 11 Pedro GuillBn March 8, 2007 Task Deliverables • Provide the City with one electronic copy Draft RTC and five hard copies containing the following o Overview/Explanation of RTC document. c Bracketed comment letters organized by type of originator o Corresponding responses to bracketed comment letters. • Incorporate all revisions to the Draft RTC and submit a revised Draft RTC in electronic format to the City. • Incorporate revisions and comments on second Draft RTC and finalize the RTC. • Produce 20 hard copies of the RTC. • Send a copy of the RTC via receipt verification mail to each public agency which commented on the DEIR in a manner by which it will be received at least 10 days prior to certification of the Final EIR. Task 7.0 Final EIR 7.1 Preparation of the Final EIR P&D will prepare a Final EIR that contains a list of commentors, comment letters and responses to comments, as well as any other pertinent information for the project record, such as any corrections, by reference, to the DEIR. Any revised mitigation measures or addenda to the DEIR, which may be solicited through public review or required by the City, will be incorporated by P&D into a revised DEIR text. Task Deliverables • Compile and deliver 30 hard copies and 30 CD's of the Final EIR, consisting of the elements identified below: o DEIR. o RTC. o Mitigation Monitoring and Reporting Program (MMRP) as described under Task 7.2. o Clarifications, if necessary. o Statement of Facts and Finding/Statement of Overriding Considerations as described under Task 7.3. o Any other attachments identified by the City o It is assumed that City staff will prepare the staff reports and resolutions for the Planning Commission and City Council. 7.2 Mitigation and Monitoring Program P&D will prepare the MMRP based on the analysis conducted in the EIR. The MMRP will be presented for adoption at the time of the CEQA Facts and Findings. A draft MMRP will be prepared, per City direction, during preparation of the DEIR. The Final MMRP will be prepared concurrently with the preparation of the Final EIR and the RTC. The MMRP will be designed to ensure compliance with adopted mitigation requirements during project implementation. In coordination with City staff, P&D will prepare the MMRP for mitigation measures that address significant adverse project impacts or are adopted as conditions of approval. Page 12 Pedro Guillen March 8, 2007 Task Deliverables • Submit an electronic copy of the MMRP to the City for review. • Incorporate the identified changes and finalize the MMRP for submittal with Proposed Final EIR, 7.3 Statement of Facts and Findings and Statement of Overriding Considerations P&D will prepare the Statement of Facts and Findings (F/F) in support of findings describing each of the significant impacts identified by the EIR and whether those impacts would be reduced to below a level of significance by implementation of the proposed mitigation measures. In addition, P&D will prepare the Statement of Overriding Considerations (SOC) for any unavoidable adverse impacts identified in the Final EIR. Task Deliverables • Submit an electronic copy of the F/F and SOC to the City for review. • Incorporate the identified changes and finalize F/F and SOC for submittal with Proposed Final EIR. Task 8.0 Certify Final EIR and Notice of Determination P&D will prepare and file a Notice of Determination (NOD) vvith the State Clearinghouse in compliance with CEQA (within five days of Final EIR certification). P&D will also file the NOD with the County Clerk. At the time the NOD is filed, P&D will also complete the California Department of Fish and Game (CDFG)'s No Effect on Fish and Wildlife form, which provides a filing fee exemption of $2,500 (due to no biological resources impacts). However, if CDFG does not concur with the No Effect on Fish and Wildlife finding, a filing fee of $2,500 will be required. Task Deliverables • Submit an electronic copy of the NOD and the CDFG's No Effect on Fish and Wildlife form to the City for review. • Incorporate the identified changes and finalize the NOD and the CDFG's No Effect on Fish and Wildlife form prior to filing with the County Clerk. • File the NOD and the CDFG's No Effect on Fish and Wildlife form. Task 9.0 Meetings/Public Hearings The Project Manager and staff will attend a total of seven meetings with City staff related to this project, including three Planning Commission meetings and one City Council Hearing. P&D will take minutes of the public comments at the DER Public Testimonial Hearing during the City Council Hearing and will summarize the comments. The Project Manager will also attend up to five requested meetings with the applicant to discuss the environmental document. P&D's Project Manager is available to attend as many additional meetings necessary as determined by the City on a time and materials basis. Task 10.0 Project Management and Coordination The Principal in charge of the EIR will be Michael Benner, a Vice President and Director of P&D's Environmental Practice, who has been providing environmental documentation services for 31 years. The Project Manager will be Anne Pietro, who has 13 years of progressive CEQA documentation experience. P&D's Project Manager will serve as the main contact with City staff on preparation of the Page 13 Pedro Guillen March 8, 2007 EIR. The Project Manager will also interface with City, applicant, and all P&D subconsultants on the preparation of the EIR. The Project Manager will be responsible for scheduling, assignments, budget control and invoicing, coordination and communication with the City, project deliverables, preparation of status reports and other related project management activities. These activities will be billed by P&D based on actual labor and other expenditures in each billing period. Project Schedule The attached project schedule illustrates P&D's estimated schedule for completion of the EIR, apportioned by task and subtasks based on the scope of work. P&D will deliver a memorandum to the City identifying data needs to initiate work on the EIR. The schedule is dependent upon receiving this data and the notice to proceed in a timely fashion. Project Fee Estimate P&D's proposed budget for the project is attached. Fee Schedule P&D's fee schedule is also attached. We appreciate the opportunity to provide our services to the City of Santa Ana. Should you have any questions, please contact me at (714) 648-2013. Respectfully submitted, Anne Pietro Senior Project Manager tl` e S €s S u€ f • E` € s E 5 u� €apStLL_ —' a , 5 3 a S ' atpExdaE`E S�Yi s.f 0 EXHIBIT 93 p § @ S`U S � i rI as =s yyssgsg$sssa�x €s $ gssses,§ d�a8aada a�add1 ea F.1 t ad £a 8. .a .:.d 5 I g a a � � YY{ J P&D Environmental A Division of P&D Consultants, Inc. SCHEDULE OF FEES P&D ENVIRONMENTAL SERVICES HOURLY LABOR RATES PRINCIPALS: TRANSPORTATION PLANNERS: PRINCIPAL -IN -CHARGE $192 - $218 PROJECT TRANSP PLANNER $161 - $182 SR. TRANSP PLANNER $140 - $161 PROJECT MANAGERS: TRANSP PLANNER $120 - $14D PROJECT MANAGER $151 - $172 TRANSP. SYSTEM ANALYST $99 - $120 TRANSP. TECHNICIAN $78 - $99 ENVIRONMENTAL PLANNERS SR. ENV PLANNER $120 - $140 ECONOMISTS: ENV. PLANNER $99 - $120 SR. ECONOMIST $172 - $192 SR. RESEARCHER $88 - $109 ECONOMIST $130 - $161 RESEARCHER $78 - $94 ECONOMIC ANALYST $99 - $130 TECHNICIAN $57 - $78 LANDSCAPE ARCHITECTS: ENVIRONMENTAL ENGINEERS: PROJECT LANDSCAPE ARCHITECT $140 - $161 PROJECT ENGINEER $161 - $182 SR. LAND ARCHITECT $109 - $130 SR. ENGINEER $140 - $161 LANDSCAPE ARCHITECT $88 - $109 ENGINEER $99 - $120 LANDSCAPE DESIGNER $68 - $88 GIB PROJECT MANAGER $109 - $130 SCIENTISTS: SR. CADDIGIS OPERATOR $88 - S109 SENIOR TOXICOLOGIST $161 - $184 CADD/GIS OPERATOR $68 $88 SENIOR SCIENTIST $140 - $161 SENIOR ENV SCIENTIST $109 - $130 SENIOR GEOLOGIST $120 - $140 GRAPHICS PROJECT SCIENTIST $140 - $162 SR. GRAPHICS $73 - $94 TOXICOLOGIST $120 - $140 GRAPHICS $73 - $73 ENVIRONMENTAL SCIENTIST $88 - $109 GEOLOGIST $78 - $99 OTHER STAFF WORD PROCESSING $62 - $78 URBAN PLANNERS: ADMIN SUPPORT $62 - $78 SENIOR URBAN PLANNER $109 - $130 URBAN PLANNER $88 - $109 SR. PLANNING TECHNICIAN $68 - $88 PLANNING TECHNICIAN $57 - $78 MAPPING TECHNICIAN $57 - $78 REIMBURSABLE EXPENSES HANDLING FEE' 15% VISUAL SIMULATION $30 !HOUR MILEAGE $0.445 /MILE CADDICOMPUTER TIME $30/HOUR REPRODUCTION SINGLE SIDE $0.10 /COPY DELIVERIES $35 /HOUR REPRODUCTION TWO -SIDE $0.15 /COPY REPRODUCTION 1107 $0.30 ]COPY 'INCLUDES REPORT PRINTING/REPRODUCTION, GRAPHIC AIDS, TRAVEL (AIRFARE, MEALS, ETC) FEES BY GOVERNMENT BODIES, COMPUTER SERVICES, PHOTOGRAPHY, SUBCONTRACT SERVICES, POSTAGE, TELEPHONE. AND DELIVERY ICCOUNTS ARE DUE AND PAYABLE WITHIN 30 DAYS OF THE DATE OF THE INVOICE. PAST DUE ACCOUNTS WILL HAVE A FINANCE CHARGE OF 1.25! 'ER MONTH COMPOUNDED. ILL RATES MAY BE SUBJECTED TO CHANGE AT SUCH TIME AS ADJUSTMENTS ARE MADE AS A RESULT OF AGREEMENTS, SALARYADJUSTMENTS, IND INCREASED BUSINESS EXPENSES EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Ve,"Pr This endorsement modifies such insurance as is afforded by the provisions of Policy # HDO G2372733A 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 Ff ! 6ple-- , this endorsement form as a part of Policy# Q 1&d?ZZJ 0/¢ Issued to �Ic°' li 4�Z 4&®-Pw Named Insured Countersigned by �Aze�v uthorize Representative ATPRt3'J 1: � s2r As;umnt Gity Attar . . MARSH ., CER7�FICA7E INSURANCE . .. 1 1 - " -V`I- ,OF 1- c7li R/11Y V G LDS-000194947-21 LOS-000194947-2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE CA License #0437153 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 777 South Figueroa Street AFFORDED BY THE POLICIES DESCRIBED HEREIN. Los Angeles, CA 90017 Attn: Lori Bryson (213)-346-5464 COMPANIES AFFORDING COVERAGE .._._ COMPANY 06510-AECOM-CAS-07-08 P&D JWHIT ORAN CA A ACE American Insurance Company INSURED COMPANY P&D CONSULTANTS, INC. B 999 TOWN & COUNTRY RD., 4TH FL. COMPANY ORANGE, CA 92868 A _ 2 OD'-') _p �, /"� C Illinois Union Insurance Company COMPANY D N/A COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNY) POUCY EXPIRATION DATE (MMIODNY) LIMITS (A GENERAL LIABILITY "HOO G2372733A" 04/01/07 04/01/08 GENERAL AGGREGATE $ 2,000,000 X I COMMERCIAL GENERAL LIABILITY CLAIMS MADE L_J OCCUR PRODUCTS - COMPIOP AGG $ 4,000,000 PERSONAL &ADV INJURY $ 2,000,0DO EACH OCCURRENCE $ 2,000,000 .OWNER'S& CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) I$ 1,000,000 MED EXP (Any ona rson $ 5,000 A AUTOMOBILE LIABILITY "ISA H08222939" 04/01/07 04/01/08 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON OWNED AUTOS $ PROPERTY DAMAGE $ i GARAGE VASI LITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO I EACH ACCIDENT $ AGGREGATE S EXCESS UABWTY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY H TORY LIMITS ER EL EACH ACCIDENT $ THE PROPRIETOR) INCL PARTNERS/EXECUTIVE -- OFFICERS ARE EXCL EL DISEASE -POLICY LIMIT ,$ --- - $ EL DISEASEEACHEMPLOYEE C OTHER EON G21654693002 04/01/07 04/01/08 $1,000,000 ARCHITECTS & ENG. "'CLAIMS MADE"' PER CLAIM/AGGREGATE PROFESSIONAL LIAR. DEFENSE INCLUDED DESCRIPTION OF OPERATION$(LOCATION SNEH ICLESISPECIAL ITEMS RE: ENVIRONMENTAL CONSULTING SERVICES. THE CITY, ITS OFFICERS, EMPLOYEES,VOLUNTEERS AND RESPRESENTATIVES ARE NAMED AS ADDITIONAL INSUREDS FOR GL COVERAGE, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE- HOLDER. - ` - - - -.CANCELLATIONii� CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M-29) PO BOX 1988 ( L L DATE OW&Y OF THE GIES DESCRIBED HEREIN BCAN THE INSURER AFFORDING COVERAGE WILLEPE CANCELLED LBEFORE In DAYS WRITTEN HEF NOTCETOHE CERTIFICATE HOLDER NAMED HEREIN. B(1DiN,Il.YA41Sk1bMYA4CISCX4XN0}IBBkN%RNN1461.IfCNNXIBfkk.XN�%DNti LramiOc>r%NXxNNanRwYrr7orN+utwE SANTA ANA, CA 92702-1988 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX RSHUSAINC. IInn ••'' BY: David Denihan �/lfA�.NCIl1/M�iN -' AllOT'' VALID AS OF: 04/19/07 DATE (MM/DD/YYYY) ACORDrM CERTIFICATE OF LIABILITY INSURANCE 4/1/2009 1 4/1/2008 PRODUCER Lockton Companies, LLC-L Los Angeles 19800 MacArthur Blvd., Suite 550 License #OF15767 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE H. THISCA ALLTLER DETHE COVERAGECATE AFFORDED BYDOESOTHE PPO IAMENDC ES BELOW Irvine CA 92612 949-252-4400 INSURERS AFFORDING COVERAGE NAIC # INSURED P&D Consultants, Inc. (CA) 1075642 Attn: Karen Pooler 999 Town & Country Road, 4th Floor Orange CA 92888 A G �- - 0 7/ A INSURER A : New Hampshire Insurance Company 23841 INSURER B : Insurance Company of the State of PA 19429 INSURER c INSURER D INSURER E : COVERAGES AECTE01 OE THE POLICIES OF INSURANCE LISTED BELUW HAvt eirrrl wain-u Iv mC ��w., .�., ..• ,•.� - -- • -•- DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY- HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS LTR INSRD EACH OCCURRENCE $ X.XX-XXXX GENERAL LIABILITY DAMAGE TO RENTED $ XXXXXXX COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence MED EXP (Any one person) $ XXXXXXX CLAIMS MADE OCCUR NOT APPLICABLE PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XY�X GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXXXXXX (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ XXXXXXX (Per person) SCHEDULED AUTOS NOT APPLICABLE HIRED AUTOS BODILY INJURY $ XXXXXXX (Per accident) NON -OWNED AUTOS - PROPERTY DAMAGE $ XXXXXXX (Per accident) AUTO ONLY - EA ACCIDENT $ XXXXXXX GARAGE LIABILITY NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX ANY AUTO AUTO ONLY: AGG $ XXXXXXX EACH OCCURRENCE $ XXXXXXX EXCESSIUMBRELLA LIABILITY AGGREGATE $ XXXXXXX OCCUR � CLAIMS MADE NOT APPLICABLE $ XXXXXXX 0-1 UMBRELLA $ XXXXXXX DEDUCTIBLE FORM $ VXXXXXX RETENTION $ ---------�---.-.----.._.._------ WC1929178 (AOS) .. __.�.r 4/1/2008 4/1/2009 WCSTATU- OTH- X TOR LIMITS ER A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC1929179 (CA) 4/l/2008 4/l/2009 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1 000 000 $ > > A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? WC1929181 (FL) 4/1/2008 4/1/2009 E.L. DISEASE -POLICY LIMIT $ 1,000, 000 If yes. No WC1929182 (OR) 4/1/2008 4/1/2009 A PROVISIONS SPECIAL PROVISIONS below SPECIAL A OTHER WC1929184(OHWA,WI,WV,WY 4/l/2008 4/l/2009 Statutory Limits - See Above B Worker's Compensation WC1929183 TXj 4/l/2008 4/1/2009 WC1929180 MA) 4/1/2008 4/l/2009 OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS rDEZ-1RIPTON b: Environmental Consulting Services T! � -Il•A I C nvw�.� 2829870 City of Santa Ana City Attorney 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED .._ _ -�:--_,:�__._ ___._....._ .......we, r.-.en �.. m,. •a.,,d,,.�or se ion above and s cifv the rli cod AECTEor. c ACORD CORPORATION 1988 MARSH PRODUCER Marsh Risk &Insurance Services CA License #0437153 777 South Figueroa Street Los Angeles, CA 90017 Attn: Lori Bryson (213)-346-5464 6510-AECOM-CAS-08-09 - P&D INSURED P&D CONSULTANTS, INC. 999 TOWN & COUNTRY RD., 4TH FL. ORANGE, CA 92868 JWHIT ORAN CA CERTIFICATE OF INSURANCE LO&000418.2-19 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. nnERaewF5 AFFORDING COVERAGE COMPANY A ZURICH AMERICAN INSURANCE COMPANY COMPANY B COMPANY C Illinois Union Insurance Company COMPANY D NIA COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VIHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - --' '— �T POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YY) OATS (MMIPOIVY) LTR 04/01108 '04/01109 GENERAL AGGREGATE $ 1,000,000 A GENERAL LIABILITY GLO 5965891 DO 1,006,000 PRODUCTS COMP/OP AGG $ _ X COMMERCIAL GENERAL LIABILITY $ 1,000,000 ��� PERSONALBADV INJURY_ _ J CLAIMS MADE I.' OCCUR' $ 1,000_,000 EACH OCCURRENCE _ OWNER'S& CONTRACTOR'S PROT FIRE DAMAGE (Any _.lire) $ 1,000,000 ME EXP An ore person) $ 5,000 AUTOMOBILE LIABILITY BAP 5965893 00 04/01/08 04/01�109CGMENoNGLELIMIT $ 1,0D0,OD0 A X ANY AUTO - BODILY INJURY ALL OWNED AUTOS (Per person) P SCHEDULED AUTOS BODILY INJURY $ r HIRED AUTOS (Per..,,-nt) NON -OWNED AUTOS — PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY, H ANY AUTO EACH ACCIDENT $ A11,RFGATF $ EXCESS uAmu I r AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMFRFI I A FORM - WORKERSCOMPENSPTIONAND TORY LIMITS ER EMPLOYERS'UABILITY EL EACH ACCIDENT $ _-_ THE PROPRIETORI EL DISEASE -POLICY LIMIT $_ INCL PARTNEft51EXECUTiVE EL DISEASE -EACH EMPLOYEE $ OFFICERS ARE EXCL ,HER PER C 000 EON G21654693 002 �04101108 04l01/09 ' C PER LAIMlAGGREGATE ARCHITECTS & ENG. "'CLAIMS MADE"' DEFENSE INCLUDED PROFESSIONAL LIAB. DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS ADDITIONAL FE, CITY G &DAF SANTA L COVERAGEIS S, BUT ONLYAS RESPECTSWORKNPERFORMED BY OR ON BEHALF EOF THIVES ARE NAMED E NAMED INSURED. INSURED VOLUNTEES AND SUCHINSURANCE AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY CERTIFICATE HOLDER & ADDITIONAL INSURED SHALL BE EXCESS AND NOT CONTRIBUTORY INSURANCE FOR GENERAL LIABILTY COVERAGE. 'see pg.2 CITY OF SANTA ANA CITY ATTORNEY , 20 CIVIC CENTER PLAZA (M-29) P,O. BOX 1988 SANTA ANA, CA 92702-1988 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 'AD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR . 4L�NBhLn'`YFF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE AUTHORIZED REPRESENTATIVE w Marsh Risk & InSUN1nDE SETVIEYE eVt ­mDavid Denihan VALID AS OF:04/01108 ADDITIONAL INFORMATION DATE(MMIDDNY) LOS-000418882-19 04/01/08 MPANIES AFFORDING COVERAGE _ _ PRODUCER Marsh Risk & Insurance Services CA License #0437153 777 South Figueroa Street Los Angeles, CA 90017 Attn, Lori Bryson (213)-346-5464 .. nee nn no P&D JWHIT ORAN CA INSURED P&D CONSULTANTS, INC. 999 TOWN & COUNTRY RD., 4TH FL. ORANGE, CA 92868 COMPANY E COMPANY F COMPANY G COMPANY H SEVERABILITY OF INTEREST/CROSS LIABILITY WORDING IS INCLUDED FOR GL & AL COVERAGES. CITY OF SANTA ANA CITY ATTORNEY 20 CIVIC CENTER PLAZA (M-29) P.O BOX 1988 SANTA ANA, CA 92702-1988 Mcnh Rick & Insurcncs Sorvlces / David Denihan ,I1:50f4 6ta"W440" 1 � ADDITIONAL INFORMATION PRODUCER Marsh Risk & Insurance Services -- COMPANY CA License #0437153 E 777 South Figueroa Street Los Angeles, CA 90017 Attn: Lori Bryson (213)-346-5464 COMPANY F 06510-AECOM-CAS-08-09 P&D JWHIT ORAN CA INSURED COMPANY P&D CONSULTANTS, INC. G 999 TOWN & COUNTRY RD., 4TH FL. ORANGE, CA 92868 COMPANY H POLICY NUMBER: GLO 5965891 00 DATE (MMIDDIYY) LOS-000418882-19 04/01/08 COMPANIES AFFORDING COVERAGE _ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONALIOR DESIGNATED ORGANIZATION PERSON This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations(s) CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M-29) - P O BOX 1988 SANTA ANA, CA 92702-1988 CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES Information required to complete this Schedule, if not shown above, will be shown in the Declarations COMMERCIAL GENERAL 20 26 0704 TY Section II - Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown our acts or omissions le,but the actsonly o�espect to liability for bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by y omissions of those acting on your behalf: A.In the performance of your ongoing operations; or B.In connection with your premises owned by or rented to you. CG 20 26 07 04 CITY OF SANTA ANA CITY ATTORNEY 20 CIVIC CENTER PLAZA (M-29) P O. BOX 1988 SANTA ANA, CA 92702-1988 Menh Risk S Insurarca SWWO- -A David Denihan "AA-1 fatal MARSH PRODUCER Marsh Risk &Insurance Services CA License #0437153 777 South Figueroa Street Los Angeles, CA 90017 Attn: Lori Bryson (213)-346-5464 hec,n APrnkn_r.A,4-08-09 P&D I INSURED P&D CONSULTANTS, INC. 999 TOWN & COUNTRY RD.. 4TH FL. ORANGE, CA 92868 CERTIFICATE OF INSURANCE LOS000194947-2; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIOXTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES "SCRIBED HE cnMDAMIES AFFORDING COVERAGE COMPANY JWHIT ORAN CA A ZURICH AMERICAN INSURANCE COMPANY COMPANY B__ ----_ COMPANY C Illinois Union Insurance Company COMPANY D NIA /ERAGES DESCRIBED HEREIN HAVE BEEN ISSUED M THE INSURED NAMED HEREIN FOR THE POLICY PERIOD E D THIS IS TO CERTIFY THAT POLICIES OF INSURANCE OTHER DOCUMENT NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR ENT WITH RESPECT TO WHICH THE CERTIFICATE MAY ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICCIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N TYPE OF INSURANCE POLICY NUMBER ERAL LIABILITY GLO 596589100 COMMERCIAL GENERAL LIABILITY ',I CLAIMS MADE [X j OCCUR OWNER'S & CONTRACTOR'S PROT IA ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABIUTY —1 I ANY AUTO UMBRELLA FORM EMPLOYERS'LIABILITY �I THE PROPRIETORI INCL PARTNERSIEXECUTIVE H ARCHITECTS & ENG. "'CLAIMS MADE PPOFFSSIONAL LIAB. POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDONY) DATE(MM(DDNY) Ta/01/08 04/01/09 104/01109 �r COMBINED SINGLE LIMIT BODILY INJURY ,(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE I AUTO ONLY - EA ACCIDE EL EACH EL DISEI LIMITS $ 2,000,0UU $ 4,000,000 $ 2,006,000 $ 2,000,000 $ 1,000,000 $ 5,000 $ 1.000,000 --L DISEASE -EACH EMPLOYEE! $ $1,000,000 PER CLAIMIAGGREGATE DEFENSEINCLUDED DESCRIPTION OF OPERATIONSILOCATIONSNENICLES(SPECIAL ITEMS RE. ENVIRONMENTAL CONSULTING SERVICES. THE CITY, ITS OFFI( ;ERS, EMPLOYEES,VOLUNTEERS AND RESPRESENTATIVES ARE NAM ED AS ADDITIONAL INSUREDS FOR GL COVERAGE, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. 7A It: HLILucn SHOULD MY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF THE INSURER AFFORDING COVERAGE IMLL Ea1V1N&A'6)IX1AbX MAIL So DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BURxkUUDRXITI4NXA11rNNdLXN%iL.51S X— nxxncwYoawaP CITY OF SANTA ANA a�EB(nNxNE 20 CIVIC CENTER PLAZA (M-29) 8Yg187vxNXXRX PO BOX 1988 �xxxwy,>L oxxx�oY�XXXXXxr.�r�Dcxxxxxxxxxx SANTA ANA, CA 92702-1988 AUTHORIZED REPRESENTATIVE J•'IM Marsh Risk & InSURMa S-11S-- "d0~M BY: David Denihan I�� MM11(3102) VALID AS OF:04/01/08