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HomeMy WebLinkAboutJONES & STOKES ASSOCIATES, INC. 09City of Santa Ana y ' Clerk of the Council 1 AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. The agreement with No. A - c200 2- /,5 % was completed on and Final payment has been made. Revised 07-23-07 AUG 0 6 20SM SEP 22 PH P 9 SANTAANAPIANN RT ANA Department: MA Phone/Ext.: 27,6L7 Signature: Date: {� d A-2007-157 INSURANCE ON FlIF WORK MAY PROCEED UNTIL INSURANCE EXPIM io-/-0� CONSULTANT AGREEMENT DOME'. %7OOUNC/�� O�PbA CZi /kss�eie�ees_SiJe. vrf:5 Jb-r,0 ZCY'04 THIS AGREE MENT, made and entered into this 181h day of June, 2007 by and between JONES & STOKES, a California 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 services 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 provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 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, films, recordings, 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 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. 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 be set in the writing authorizing Consultant to perform a specific project pursuant to 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 on June 30, 2008, unless terminated earlier in accordance with Section 13, 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, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 famished 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 due to negligent acts, omissions or willful misconduct in the performance, 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 the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. S. 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 and City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1989 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: JONES & STOKES Chad R. Beckstrom, AICP 17310 Red Hill Avenue, Suite 320 Irvine, California 92614-5600 Telefacsimile: (949) 260-1081 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 properly 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. IN 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 By. Layfa 8heedy Assistant City Attorney CITY OF SANTA ANA 6< DAVID N. REA City Manager JONES & STOKES A-o5oci024-- +T- - CUk - CHAD R. BECKST ICP Associate Principal/ Project Director Tax ID# 9y-1i302SG I 4S Jones & Stokes May 21, 2007 Mr. Pedro Guillen, Associate Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 Subject: Statement of Qualifications for Environmental Consulting Services Dear Mr. Guillen: Jones & Stokes welcomes the opportunity to submit our Statement of Qualifications (SOQ) for Environmental Consultant Services to the City of Santa Ana. We are enthusiastic to have the opportunity to continue our working relationship with the City of Santa Ana Planning Division and provide our expertise related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) on behalf of City staff. The attached SOQ provides background and qualifications of our firm, personnel experience, relevant project experience, and references in response to the RFQ. We are confident that our understanding of issues in and around the City of Santa Ana, our experience in performing and completing high profile and complex multidisciplinary environmental projects, and our knowledge and application of environmental laws and regulatory programs make us preeminently qualified for this effort. As an associate principal and project director with Jones & Stokes, I am authorized to bind the company and am pleased to offer our services to the City of Santa Ana. Should you have any questions, please feel free to contact me at 949/260-1080. Sin ely�, Q Chad R. Beckstrom, AICP Associate Principal/Project Director 17310 Red Hill Avenue, Suits 320 • Irvine, CA 926143600 • tel. 949 260.1080 • fax 949 260.1081 www.jonesandstokes.com EXHIBIT A Statement of Qualifications for Environmental Consulting Services Submitted to. - City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 Contact: Mr. Pedro Guillen, Associate Planner Telephone: (714) 667-2700 Submitted by: Jones & Stokes 17310 Red Hill Avenue, Suite 320 Irvine, CA 92614 Contact: Chad Beckstrom, AICP Telephone: (949) 260-1080 May 21, 2007 Section 1 Jones & Stokes Backqround and Qualifications Jones & Stokes is a multidisciplinary consulting firm specializing in environmental analyses, planning, and regulatory compliance, with particular emphasis in the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Established in 1970, Jones & Stokes is one of the oldest and largest environmental planning firms in the country, with particular expertise in the application of CEQA and NEPA for government agencies. We are often retained by clients that are faced with difficult regulatory compliance issues because our staff has vast experience with a variety of complex and controversial projects. Jones & Stokes is an employee -owned company, which motivates each member of our staff to provide the highest quality client service. A partial list of out services that are relevant to the proposed project includes the following. ■ CEQA/NEPA documentation. ■ Endangered Species Act compliance. ■ Conservation planning. ■ Wildlife management programs. ■ Botanical surveys and inventories. ■ Wetland ecology and permitting. ■ Land development planning. ■ Public involvement and facilitation. ■ Cultural resources management. ■ Air quality and noise assessments. ■ Aesthetic and visual resource analyses. ■ GIS/CAD/database applications. As recognized leaders in CEQA and NEPA, our project managers and on -staff environmental attorneys keep abreast of the most up-to-date CEQA and NEPA guidelines and current court decisions. In addition to CEQA and NEPA compliance, our staff expertise covers the gamut of regulatory requirements that will be involved in this project, including federal and state endangered species acts, California Fish and Game Code, Clean Water Act, Clean Air Act, National Historic Preservation Act, and everything in between. Jones & Stokes currently has 16 offices located across the country, including a local Orange County office in Irvine and four other southern California offices located in Los Angeles, Riverside, San Diego, and Kern Counties. Our talented multidisciplinary staff is made up of nearly 500 qualified professionals companywide, with over 100 staff members in southern California. Our in-house personnel encompass nearly every environmental discipline, providing a wide breadth of services, including planners, biologists, hydrologists, soil scientists, cultural resource specialists, air quality/noise/traffic engineers, environmental attorneys, and public involvement specialists. We also have a team of technical editors who are instrumental in producing consistent, well -written, and understandable documents. Jones & Stokes' reputation is built not only on our successful project work, but also on our regulatory training classes and publications. Out employees have authored the CEQA Deskbook: A Step -by -Step Guide on How to Comply with the California Environmental Qua(sty Act. In addition to our published textbooks, we have also conducted more than 200 workshops, seminars, and training programs covering CEQA compliance, environmental impact assessment, mitigation measure development and monitoring, and regulatory compliance. Gg ofSaala Ana pp pp yy Mq 21, 2007 SoQfor Hnnironmrntal Cwan/liq,5e iw %UII Jones&Stokes P1274.07 Section 2 Personnel Experience Team Introduction and Organization Jones & Stokes has identified a team that will enable us to be fully responsive to the RFP requirements and the City's needs. Jones & Stokes has selected Chad R. Beckstrom, AICP, to serve as the principal -in -charge and project director for the City of Santa Ana contract. Chad is the team leader for our local government team in Irvine and will serve as the main point of contact for City staff. He is one of our strongest senior project managers in the region, bringing extensive experience managing environmental documents for development and planning projects on behalf of local government planning departments. Chad is a committed project manager who brings prior experience working on behalf of the City of Santa Ana Planning Division staff. A qualified team of planners and environmental scientists will complement Chad on individual projects as needed. The following are brief descriptions of qualifications for the key professionals who would most likely be working on projects on behalf of the City. The organizational chart below shows our entire team personnel structure and roles. Full resumes will be provided upon request. The percentage of time availability for each staff member is estimated in Table 1. QA/QC - Legal Review Ken Bogdan, JD Air Quality Tim Rimpo Keith Cooper, AICP NoiseNibration Mike Greene, INCE Hydrology/ Water Quality Tom Trexler Megan Robinson Key Personnel City of Santa Ana Planning Division J Principal in Charge Project Director Chad Beckstrom, AICP Biological Resources Regulatory Compliance/Permitting Tricia Campbell Shelah Riggs Ted Lee Cultural Resources (Archaeology/ History) Stacey Jordan, Ph.D. Richard Starzak Chris Hetzel Geology/Soils Anna Buising, Ph.D. Environmental Analysis Charles Smith, AICP Jennifer Hobbs Traffic Jennifer Barnes Chad is an associate principal and senior project manager, specializing in CEQA compliance for urban development and comprehensive planning projects. He will be the main point of contact with the City of Santa Ana as the program manager and principal -in -charge for projects on behalf of the City. Chad has over 11 years of experience managing and preparing multidisciplinary environmental City of Santa Ana /��(tt� pp .1fay 21, 2007 SQQ for Hnvimnmeatal Camulting.fen•ims ¢)h 2 Jones & Stokes PI274.07 Section 2. Personnel documents and focused studies for a wide range of projects, including residential communities, commercial developments, industrial facilities, and mixed -use master plan projects. He brings a firm working knowledge and understanding of CEQA to his clients and works tirelessly with agencies to defend legal challenges. As a university instructor on CEQA topics, he stays up-to-date on the latest environmental trends, legislation, and case law to bring an added layer of security to his clients. Chad has provided ongoing training and environmental consulting services to the City of Santa Ana Planning Division staff, providing on -call services to advise staff on CEQA issues and to review reports prepared by City staff. Chad earned an M.U.R.P., Masters of Urban and Regional Planning, from California State Polytechnic University, Pomona, and a B.A. in Environmental Analysis and Design from the University of California, Irvine. As environmental counsel at Jones & Stokes, Ken Bogdan provides assistance to clients regarding compliance with CEQA, NEPA, Clean Water Act Sections 404 and 401, National Historic Preservation Act Section 106, federal Endangered Species Act Sections 7 and 10, California Endangered Species Act, and California Fish & Game Code Sections 1600-1616. Ken's principal responsibility is to work with clients and staff to provide in-house guidance on environmental documents prepared atones & Stokes. Ken was one of the primary authors of several Solano Press publications, including Endangered Species Regulation, The NEPA Book: A Step -By -Step Guide on How to Comply with the National Environmental Policy Act, and The CEQA Derkbook: A Step -By -Step Guide on How to Comply with the California EnvironmentalQuala'ty Act. Ken earned J.D. from the University of California, Davis, School of Law, and a B.S. in Environmental Management from Rutgers University, Cook College, New Brunswick, New Jersey. Charles Smith is a principal and project director with Jones & Stokes, where he serves as branch leader for the Irvine office and environmental planning team leader for the southern California region, Charles has over 16 years of diverse experience in private sector consulting for land planning, energy services, public works infrastructure, transportation, and other development projects. His responsibilities include program and project management; business development; operations, staff, and workload management; and branch administration. Charles has authored numerous reports in compliance with CEQA and NEPA, and he has extensive experience in impact analysis, permitting, and entitlements processing with a variety of federal, state, regional, and local agencies. Charles maintains professional certification in the American Institute of Certified Planners (AICP). He earned an M.Pl. Urban and Regional Planning from the University of Southern California, and a B.S. in Business Administration from the University of Southern California. Tim manages and prepares environmental studies focusing on air quality analysis for a wide variety of projects. His areas of expertise include point-, area-, and mobile -source air quality impact studies; air quality permitting; analyses of air quality regulations; emissions inventory development; development and modification of air quality computer models; and environmental, econon-c, and regulatory impact studies. Tim manages preparation of environmental reports for energy projects concentrating Gy o?U= a Ann ��((� p� } ,1,1,y 21, 2007 .SO�Jforl:nr�,mmrad0a,uhi, V,f '&,, - �UJR TQI]eS OC SIO�P.S P127407 Section 2. Personnel Experience Page 4 on issues related to energy, industry, and air quality. He has worked with several major air quality management districts throughout the state and was a key contributor for the development of the URBEIVIIS Model on behalf of the South Coast AQMD and San Joaquin Valley Unified APCD. He also consulted with the SJVUAPCD on the indirect source review program and assisted the SCAQMD on the development of the CEQA Air Quality Handbook. Tim earned an M.S. in Economics (natural resources and environmental specialization) from Colorado State University, Fort Collins, and a B.A. in Economics from the University of Virginia, Charlottesville. Keith has more than 9 years of experience as an environmental planner, with specialization in air quality assessments. He has prepared numerous air quality impact assessments for various public infrastructure and private development projects. Keith has a thorough understanding of the national and state Ambient Air Quality Standards, as well as the rules and regulations adopted by many local air districts such as the SJVUAPCD. His expertise includes a comprehensive background in emissions inventory development, construction- and operations -period air quality impact analyses, and air toxics human health risk assessments. Keith holds a B.S. in Business Administration from California State University, Dominguez Hills, and is an M.A. Candidate in Urban Planning at UCLA. Mike has spent over 18 years in the field of acoustical analysis and noise control engineering. His expertise is in analyzing future noise and vibration impacts from and on proposed transportation, residential, commercial, and industrial projects. Mike also designs control measures for noise effects and has prepared numerous reports presenting the results of field measurements, analytical modeling, and noise control measures to meet federal, state, and local noise standards. He is skilled in modeling roadway noise impacts using the Federal Highway Administration's Traffic Noise Model UNMO). Mike is board certified by the Institute of Noise Control Engineering. He holds a B.S. in Applied Mechanics from the University of California, San Diego. Tricia has over 12 years of experience as an active field biologist specializing in ornithology, with special emphasis on sensitive species. Her expertise also includes resource regulations, ecology, and conservation biology issues. Tricia has conducted general biological field investigations and reporting for EIR documents, including impact analyses, and has conducted focused surveys and habitat evaluations for listed special -status species. Tricia has extensive knowledge and experience with southern California flora and fauna, including vegetation mapping and oak tree studies. She holds a B.A. in Biology from California State University, Long Beach. Ted has been active in ecological research and field studies for more than 10 years and currently specializes in natural resource management and agency consultation. He has an expert knowledge of preparing a wide range of biological studies in compliance with CEQA, NEPA, federal and state endangered species acts, Clean Water Act, California Fish and Game Code, as well as numerous Gry of Santa Ana .tOQfar Amumimienm/Conndtinbfg2f, 2007 lrY1D4.07q Jones & tk Section 2. Personnel other local, state, and federal guidelines. Ted's experience includes agency consultation, conducting wetland delineations and biological studies, performing sensitive species surveys, coordinating large- scale environmental compliance and ecological restoration programs, and preparing CEQA documentation. He earned an M.S. in Ecology and Evolutionary Biology from the University of Arizona, and a B.S. in Biology from the University of Michigan. Stacey has been involved in the fields of archaeology and history for over a decade, with specialization in historical archaeology. She has extensive experience in archival research and historical writing and has worked on projects spanning from early colonial contact to the recent past. In addition, Stacey has served on a variety of prehistoric and historic excavations both in the United States and abroad. Supplementing her work in cultural resources management, she conducts research on ceramics, community development, and identity construction in colonial South Africa. Stacey earned a Ph.D., M.Phil., and M.A. in Anthropology from Rutgers University, New Brunswick, New Jersey, and a B.A. with High Distinction in Anthropology from the University of California, Berkeley. Richard Starzak has 26 years of experience as an architectural historian, including 16 years as a project manager, specializing in consultation on behalf of public agencies for compliance with Section 106 of the National Historic Preservation Act. He specializes in large-scale architectural/historical surveys required to establish National Register eligibility. Richard has earned a reputation for problem solving when historic properties cause constraints by developing creative alternatives, approaches, consultation documents, and mitigation. He has developed database programs for accessing large inventories of historic resources and creating technical reports. Richard meets the Secretary of the Interior's Professional Qualifications Standards in Architectural History. He earned an M.A. in Architecture: History, Criticism & Analysis from the University of California Los Angeles. architectural history, and preservation planning with over 10 years of experience in these areas. Chris is knowledgeable in American urban and suburban history, and he is experienced in local, state, and federal regulatory environments, including Section 106 Review, NEPA, and CEQA. In addition, he has considerable expertise performing architectural design review, interpreting the Secretary of the Interior's Standards, and preparing historic resource surveys, rehabilitation studies, historic structure reports, and nominations to the National Register of Historic Places. Christopher has worked as a historic consultant in the Los Angeles area since 1999. Prior to this time, he was the Historic Preservation Officer for the City of Deadwood, South Dakota, where he administered that City's multi -million -dollar historic preservation program. He holds an M.A. in Public History and Historic Preservation from Middle Tennessee State University, Tennessee, and a B.A. in History (minors in Art History and Archaeology) from Washington University, Missouri. cry oJSa w a„a �(� T {{ Ahy 2;, 2007 .r0%JJor hevimnnrcnfa/Con,rthi,rQ S,,;rer 4»%f TOIIeS&SLOkPS P1274.07 Section 2. Personnel Experience Page 6 Anna Buising is an environmental planner with extensive experience in geological sciences. She specializes in preparation of technical sections related to geology/seismicity/soils, hydrology/water quality, and various other topics. She is also active in geohazards abatement planning work. She also developed a rave -reviewed workshop in writing for geoscience professionals. She and her students were among the first researchers to use the Neogene stratigraphic record to test quantitative reconstructions of past movement on the San Andreas fault system. Anna earned a Ph.D. in Geological Sciences from the University of California, Santa Barbara, and a B.S. in Geology from the University of California, Los Angeles. Tom has over 15 years of professional and academic experience in project management, hydrology, analytic chemistry, water resource issues, riparian water quality sampling, laboratory analysis, and hydrologic flow measurement. He is expert in hydrologic and water quality modeling, fluvial geomorphology; evaluating watersheds, total maximum daily loads, and best management practices for pollution prevention plans; flow analyses; water use/demand calculations; and impact/mitigation analyses. He is proficient at hydrologic and water quality modeling. Tom conducts interdisciplinary analyses of water quality at a variety of scales, ranging from microscopic to meso-scale catchments. He earned an M.S. in Hydrology and Aquatic Chemistry from Yale University, and a B.A. in Geography (Fluvial Geomorphology with a minor in Environmental Studies) from the University of Southern California. Megan is a hydrologist and water quality specialist with over 5 years of experience. She has authored numerous water resources sections for environmental documents, as well as water supply assessments and technical baseline water quality studies. She has described the hydrologic, water quality, water supply, and wastewater impacts for a variety of residential and commercial development projects throughout California. Megan has assisted with and performed hydrologic and water quality modeling and a variety of fieldwork tasks, including longitudinal surveys, river and lake water quality sampling, algae collection, and groundwater quality sampling. She holds an M.S. in Hydrology from the University of Nevada, Reno, and a B.S. in Environmental Sciences from the University of California, Riverside. Shelah Riggs is an accomplished project manager with over 6 years of experience preparing CEQA/NEPA documents and regulatory permitting under the Federal Clean Water Act, State Porter -Cologne Act, State Fish and Game Code, and federal and state endangered species acts. Her technical work includes preparing Section 401, 404, 1602, Waste Discharge Requirement, and Section 7 Permit applications; 404(b)(1) Alternatives Analyses; and Conceptual Mitigation Plans. Shelah has conducted numerous wetlands and streambed delineations in accordance with the USACE 1987 wetland delineation manual methodology throughout southern California. She maintains an excellent rapport with resource agency staff and has successfully negotiated and assisted in implementing City of Santa Ana I p 21, 2007 SOOfar E"'mnmenlalCmcrdtint; Srmrar a/� �Sf� Jones&Stokes 111274.07 Section 2. Personnel favorable mitigation conditions for a variety of public and private projects located within environmentally sensitive areas. Shelah earned an M.S. in Environmental Studies from California State University, Fullerton, and a B.A. in Geography from California State University, Fullerton. Jennifer Hobbs is an environmental scientist specializing in environmental hazards and risk assessment. Jennifer has participated in water quality studies, Phase I Environmental Site Assessments, risk assessments, and analysis of recreation resources takes in transportation studies specifically related to Section 4(f) analyses (federal requirement related to recreation, historical, and cultural resources). She also has experience using GIS software such as ESBI's ArcView and ArcINFO and the application of these tools in planning and environmental document preparation. She is routinely involved in the preparation of environmental documents pursuant to CEQA and NEPA. She holds a B.S. in Geography, emphasis in GIS and Hydrology, and a B.S. in Environmental Studies from the University of California at Santa Barbara. Jennifer has over 15 years of transportation planning and engineering experience in the public, private, and academic sectors. Her duties include all analytical aspects of transportation planning, engineering, and impact analysis. Jennifer's experience includes development of the transportation element of city and county comprehensive plans, environmental impact analyses, traffic analyses for site impact studies, transit and nonmotorized analyses, traffic signal design and analyses, and geometric design of transportation infrastructure. She earned an M.S. in Civil Engineering/Transportation from the University of Washington, and a B.S. in Civil Engineering from Iowa State University. Cite of Santa Ana �� .11,y 21, 2007 S07for F:nrumzmntal C.mvdline,fen•irer mROJones &Stokes P1274.07 Section 3 General Scope of Services Overview of Jones & Stokes' Approach The City of Santa Ana Planning Division will be processing a potentially wide range of projects, each of which will require environmental documentation of a potentially equally wide range. Regardless of the type of environmental document that is ultimately produced or the complexity of the clearance process that would need to be successfully negotiated, one clear objective that must be observed is the ability of the document to communicate analytical findings in a clear, concise, and easily understood manner, bearing in mind that the reading audience may include detail-otiented interest groups, political representatives, and the general public. It is the purpose of environmental documents to disclose potential impacts, not to obscure them. Jones & Stokes prides itself on the quality and clarity of its environmental documents. Jones & Stokes believes that it "brings to the table" a broad range of expertise, a desire to work closely with City staff, and a depth of understanding of the City's needs and project objectives that cannot easily be matched, all of which will be necessary to ensure the successful completion of environmental processes under the direction of the City. Each project managed by Jones & Stokes will have the full attention of the designated project manager, and continuing coordination will be maintained between Jones & Stokes' and the City's project manager throughout the process. Key milestones will be identified at which project decisions may be needed. Problems will be communicated as soon as they are discovered because oftentimes resolution of problems during the course of project development can alleviate much larger difficulties later on. Review cycles will be conducted until such time as the City is pleased with the products being produced. Document preparation schedules, delivery of interim and final products, and key steps in the public comment and subsequent document finalization stages will be identified and thoroughly discussed. Our project management team will provide quality control review and strategic oversight and will work closely with the City as an extension of staff. Dtawing on our understanding of the project issues and required work products, we will assemble a team of professionals greatly experienced in issues similar to those for a given proposed project. Because Jones & Stokes is able to use a high proportion of in-house staff with minimal use of subconsultants, our firm can ensure a high degree of quality control and efficient coordination. Jones & Stokes also assigns seniot-level task leaders for all technical disciplines, which gives us the ability to maintain a high level of quality throughout the work assignment and ensure logistic efficiency in our work efforts. Technical review will be accomplished by senior task leaders and our project management team, including one of our in- house environmental counsel, prior to delivering our work products to the City, Jones & Stokes employs a team of CEQA technical editors and graphic artists to ensure that the reports are readable, concise, and visually appealing. Our administrative procedures require that all deliverables be thoroughly proofread and edited before they are submitted to the client. Our graphic artists create graphs, maps, diagrams, and other illustrations (n color when needed) to amplify text discussions. City of Santa Ana �((�� OO� J.Nap 21, 2007 C� Sfor Hnniznmenld Cwvdtinq.kmi" 9U11:1 Jones P1274.07 Section 3. General Scope of Services Our general approach is based on the following key guiding principles: ■ Jones & Stokes will serve as an extension of the City's staff and will work closely with the City to produce an unbiased, objective evaluation of the potential environmental impacts associated with a given project. The close coordination which naturally occurs as a result of this management philosophy will aid in identifying problems as they arise and then finding answers, thus making for a more efficient and less costly process overall. ■ Jones & Stokes proposes to provide a range of environmental consulting assistance to the City that will allow for successful and timely production of all forms of environmental documents that may be required. In order to do this, Jones & Stokes has identified a full range of in-house multi -disciplinary professionals that can be called upon when needed to perform required analyses and to offer counsel on resolution of various technical issues of one kind or another. ■ We will prepare legally defensible and easily understandable environmental documents that will enable the City and the public to make informed decisions because they understand the environmental consequences of their decisions. ■ Jones & Stokes will identify and resolve potential problems throughout the environmental review process by including expert staff that have up-to-date working knowledge of regulatory standards and related case law and legislation. ■ We will advise the City, as appropriate, in the development of feasible mitigation measures to reduce potential environmental impacts to the extent feasible. ■ Our project management team recognizes the most important element in controlling quality, budget, and schedule involves good communication among team members and with our clients. Approach for Environmental Impact Analysis (CEQAINEPA) Jones & Stokes will use the same basic technical approach in preparing CEQA/NEPA documents as we have on the thousands of projects over the past 37 years. All EIRs and Negative Declarations will be prepared in accordance with State CEQA Guidelines, as well as all up-to-date CEQA-related legislation and case law. All EISs and EA/PONSIs will be prepared in accordance with the specific federal lead agency NEPA Guidelines. The environmental analysis will focus on the project, as delineated in the project description, preliminary engineering designs, and other information provided by the City. Special studies may be required as part of these projects. We will also support City staff in responding to comments received on any environmental documents prepared utilizing Jones & Stokes' technical studies. Responses to the public agencies and the general public will be prepared and the technical studies will be modified, as appropriate. We will also provide support to City staff during the preparation of findings and address any other issues that may arise. Jones & Stokes understands that our scope of work for environmental review and technical support services for the City of Santa Ana Planning Division will involve some combination of the tasks outlined below. We have provided our general approach to how we will address each of these tasks as they arise. Ciq' of s,nr Aim 11_ifg21, 207 S00for Fnt..fd ConndtgE Swirtr Jones & Stokes M274.07 Section 3. General Scope of Services Page 10 Task 1. Project Initiation/Develop Project Description and Objectives Our project management team will meet with the City's project team within S days of the notice to proceed to discuss the critical project issues, refine our scope if necessary, and gather all relevant data and materials to conduct the environmental analyses. Jones & Stokes will review existing data related to the proposed project and the project site, interview relevant parties to gain a firm understanding of the project and the issues, and our project management and necessary technical staff will conduct field visits to review the site and the overall context of the surrounding area. We will work with the City to develop the project objectives and a detailed project description. As part of the project description, it is important to develop an accurate baseline setting that will serve as the basis for the environmental analysis in providing a suitable evaluation of the potential impacts that may result from the proposed project. The objectives must be developed in a way that allows the selection of a reasonable range of alternatives to evaluate within the environmental document. Clear project objectives will also assist decision -makers in making appropriate findings. Task 2. Prepare Initial Studies/Negative Declarations/Mitigated Negative Declarations Jones & Stokes will prepare detailed Initial Studies to identify the potentially significant environmental impacts associated with a project in accordance with the City's CEQA Environmental Checklist. The Initial Studies will include a description of the environmental setting for each environmental discipline and will substantiate impact conclusions with factual data and scientific results. Technical studies may be included to support the Initial Studies impact conclusions. Mitigation measures will be developed for all significant impacts in an attempt to reduce impacts to the extent feasible. Jones & Stokes will submit administrative draft Initial Studies and Proposed Negative Declarations (NDs)/Mitigated Negative Declarations (MNDs) to the City for review and concurrence prior to distribution to agencies and the public for the formal public review period. Following the public review of the Initial Studies, Jones & Stokes will prepare the NDs/MNDs in accordance with the City's approved format for adoption by the decision makers. The Initial Studies may also be used as a scoping tool for EIRs to attach to a Notice of Preparation (NOP). The Initial Studies would identify environmental issues that should be addressed in detail in an EIR process and may serve to eliminate issues where impacts are less than significant. Task 3. Prepare Environmental Assessments/FONSIs Jones & Stokes will prepare an Environmental Assessment (EA) that will include the purpose and need, proposed action, alternatives, affected environment, and environmental consequences. Jones & Stokes will ensure that the EA is reviewed and approved by the City prior to publication. Jones & Stokes will prepare the Decision Notice and Finding of No Significant Impact (FONSI) and will ensure that they are reviewed and approved by the City prior to publication. Task 4. Prepare Draft EIRsIEISs Jones & Stokes will prepare technically sound, objective, and legally defensible Draft EIRs/EISs for projects brought forth by the City. This task will involve preparing technical studies, reviewing existing technical studies, synthesizing technical information, and supplementing additional technical Cib, of Santa Ana .ice dlop 27, zua/ .ro/Qfor Emdrmunental ConrulBnq.Svrz fret ofR Jones &Stokes P1274.07 Section 3. General Scope of Services Page 11 analyses to support the preparation of the EIRs/EISs. The EIRs/EISs will include all of the required components as outlined in the CEQA Guidelines and the agency -specific NEPA Guidelines and will document conclusions with "substantial evidence" as appropriate. During the preparation of the EIRs/EISs, Jones & Stokes will also consult with responsible agencies, review available information, and prepare the appropriate analysis for the respective issues. The EIRs/EISs will include a discussion of the existing conditions/affected environment, environmental impacts, levels of significance of the impacts, and appropriate mitigation measures for each environmental discipline, as needed. As requited, the documents will include a discussion of direct, indirect, growth -inducing, and cumulative impacts. The cumulative impacts analysis will focus on the potential for environmental impacts from this project along with other proposed and reasonably foreseeable projects in the area. Additionally, each environmental document will evaluate a reasonable range of alternatives. Jones & Stokes will work closely with the City and federal lead agency to identify and screen a reasonable range of alternatives for analysis in the EIRs/EISs. For NEPA projects, the alternatives analysis will normally take on a "co -equal" level of analysis for each alternative, whereas for CEQA only projects, the alternative analysis may be conducted at a reduced level of detail as allowed by CEQA. We will submit administrative and screencheck draft documents to the City for review prior to distribution of the documents for a formal public review period. Following the City's review and approval of the screencheck draft documents, Jones & Stokes will incorporate the City's comments and will revise the document accordingly. Jones & Stokes will prepare and distribute the public draft EIR to agencies and interested parties as directed by the City. Task 5. Prepare Final EIRslEISs Jones & Stokes will work closely with City staff to prepare responses to comments for comment letters received during the public review periods. These responses to comments, along with any changes to the draft environmental document, will be submitted to the City first as a screencheck final EIR/EIS. Jones & Stokes will prepare the final EIR/EIS according to City -approved Format, which may include either a separate document that includes only the changed text or a reproduction of the draft EIR/EIS with redline and strikeout text. Following the City's review and approval, we will provide copies of the final EIR/EIS to the City, federal lead agency (as applicable), and commenting agencies. Task 6. Prepare Mitigation, Monitoring, and Reporting Programs Whenever mitigation measures are identified in either an FIR or MND, a Mitigation Monitoring and Reporting Program (MMRP) is required. We will prepare an MMRP that will identify mitigation measures, timing, responsibility for implementation, and monitoring methods. Jones & Stokes will provide the MMRP in conjunction with the screencheck final EIR/EIS. We will work with City staff to identify appropriate responsible parties, methods, and timing. The plan will include all accepted mitigation measures and an indication of the following. ■ the project time period to which the measure applies (i.e., construction, operation, pre -/post - occupancy), cry ofsu„ro A. �� M5, zr, zoo? .tQ2for 1:/'(/(X/NJAyI(iIM1� CO111ilr(I.SPI)'[RS 4®RJones&S4.okes P1274'07 Section 3. General Scope of Services 12 ■ future review or reporting requirements involved in a measure, ■ responsible party for cost of mitigation, ■ responsible party for implementing and enforcing the mitigation, ■ requirements for monitoring by outside agencies, and ■ monitoring and reporting frequency. Task 7. Prepare CEQA Findings of Fact and Statement of Overriding Considerations/ NEPA Record of Decision Jones & Stokes will draft a findings of fact, and, if necessary, a statement of overriding considerations for the decision makers prior to certification of the final EIR. For projects involving NEPA, we will prepare a draft Record of Decision on behalf of the federal lead agency. Task 8. Prepare Public and Media Notices Jones & Stokes will prepare all public notices required for the CEQA/NEPA process. These may include but would not be limited to: ■ Notice of Preparation (NOP). ■ Notice of Completion (NOC). ■ Notice of Availability (NOA). ■ Notice of Intent (NOI). ■ Notice of Determination (NOD). ■ Meeting notices. ■ Newspaper publications. Task 9. Public Outreach/Scoping Meetings Jones & Stokes will work with the City to facilitate any required public meetings or community outreach. These may include scoping meetings to gather input on the environmental issues from the local community and affected agencies or meeting with stakeholder groups. Should the City desire, these may also include holding public hearings on the draft environmental documents. We will work with City staff to develop an appropriate format for any public meetings, and Joncs & Stokes can take responsibility for preparing agendas and presentation materials, sign -in sheets, comment cards, meeting minutes, and facilitating public involvement Task 10. Attend Meetings Jones & Stokes will be available to attend any project meetings and assist City staff, at their direction, through the public comment and certification processes, briefings to elected representatives, and other means of support as may be appropriate. Jones & Stokes' project management team, key technical personnel, and subconsuttants will be available to attend meetings with City staff as well as public hearings before the planning commission and the city council. Jones & Stokes will prepare graphics and audio-visual materials, as necessary, for these meetings. Our team will take, produce, and keep minutes of all project meetings and furnish meeting minutes to the City. ofSana A„a �(p J} Alg2v,tam )for Timvmrnnentd Ce+i...Xq S,,,wes fii ones& Stokes P1274'07 Section 3. General Scope of Services Page 13 IApproach for Technical Support Services As discussed previously in this SOQ, Jones & Stokes has the technical capacity to address nearly every environmental issue that arises. We will prepare appropriate technical reports to support environmental documentation or as stand-alone studies, as necessary. These may include but would not be limited to the following: I ■ Aesthetics/visual resources (light and glare, shade/shadow studies). ■ Air quality. ■ Biology (plants/wildlife, aquatic, wetland). I■ Cultural resources (archaeology/architectural history/paleontology). i ■ Geology/soils. ■ Hazardous materials. ■ Hydrology and water quality. ■ Land use/policy analysis. ■ Mineral resources. ■ Noise/acoustics/vibration. ■ Population/housing/socioeconorrcs/environmental justice. ■ Public services and utilities. ■ Traffic/circulation/parking. General Time Schedule The schedule for any given project will vary based on complexity of the project, number and magnitude of technical studies that may be required, public controversy, and review requirements. Additionally, where NEPA is involved, the City is subject to the federal lead agency's staff availability, review schedules, and other factors beyond the City's control that will impact the schedule. In general terms, the following represents a range in the possible schedules for different environmental processes: ' ■ Negative Declaration/Mitigated Negative Declaration: 60 days-4 months ■ Environmental Assessment/FONSI: 4 —6 months ■ EIR: 6 months-1 year ■ EIS: 1 year-18 months (depending on federal lead agency) Fees Comparable to the variability in schedules for the different environmental processes, the fees associated with the reviews will also vary based on complexity of the project, number and magnitude QY of Sena Ana r^�. ,Nnf 21, 2007 SOOf" EnrimnnrenadCo,... Sne,S'enirer Q)n Jones&Stokes P/274.07 Section 3. General Scone of Services Pace 14 of technical studies that may be required, public controversy, and review requirements. In general terms, the following represents a range in the possible fees for different environmental processes: ■ Negative Declaration/Mitigated Negative Declaration: $10,000 — $50,000 ■ Environmental Assessment/FONSI: $25,000 — $75,000 ■ EIR: $50,000 — $200,000 ■ EIS: $200,000 — $400,000 C"g, of Sant Ana /� May 21, 2007 Soofor Hnnimnmmta/con"'It'gs""a+ oRIa Jones &Stokes P1274.07 Section 6 Fee Schedule Jones & Stokes will complete project task orders on behalf of the City on a time and materials basis in accordance with our standard schedule of fees (attached). We will provide workplans and cost estimates for individual projects upon solicitation by the City that utilize our approved schedule of fees. We are also willing to work on fixed -fee, deliverable- or milestone -based fee schedules. City of Smetn Ana ® S02for iim+imnmmklCaxra/tine,fenirei Jones &Stokes AIg 21, 2007 111274.07 EXHIBIT g Attachment A: Jones & Stokes Fee Schedule Effective January 1, 2007 Project Director Technical Director Managing Consultant/Senior Technical Analyst Senior Consultant III Senior Consultant II Senior Consultant l Associate Consultant III Associate Consultant II Associate Consultant I Lead Editor Support Editor Graphic Artist Librarian Publications Specialist Technician Administrative Technician Intern Report Production: 8.5" x 11 ° color photocopying $0.161page Report Production: 8.5" x 11" black & white photocopying $0.08lpage $0.4851mile Automobile mileage: at current IRS rate or i Laptop computer (field projects only) $10.00/day Cellular telephone (field project only) $10.00/day A general and administrative charge of 10%will be applied to all other direct costs, inclusive of subcontractor charges. Per diem is charged at $160.00/day. A lodging surcharge will apply in high rate areas. Jones & Stokes Associates clients may reduce any current invoice by 1 % of the billed amount if payment is made within 10 business days of receipt of said invoice. 7=1ingrates are subject to revision effective January 1 of each year EXHIBIT B CONFIDENTIAL oO'i Jones&Stokes 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 ACORD. CERTIFICATE OF LIABILITY INSURANCE page I of 3 05/24/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Willie North America, Inc. 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE - NAIC# INSURED Jones & Stokes Associates, Inc. INSURERA'. American International Specialty Lines In. 26883-003 2600 V Street INSURERB: Commerce and Industry Insurance Company 19410-004 Sacramento, CA 95818 INSURER C: American International Specialty Lines inj 26883-002 INSURPRn American Home Assurance Company 19380-001 t Uvtnwura LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJPCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, POLICIES. AGGREGATE LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICYEXPIRATION LIMITS PEOFINSURANCE POLICYNUMBER T 0 Y ABILRY PROP2027883 10/1/2006 10/1/2007 EACH OCCURRENCE $ 1 000 000 DAMAGETORENTED PREMIS G E..Murence $ 500 000 ERCIAL GENERAL LIABILITY MED EXP(My one person) $ 5 000 LAIMS MADE EXOCCUR 7j_GGEN'L PERSONAL&ADV INJURY $ 1 000 000 ution Li ab Incl. GENERAL AGGREGATE 8 2 000 000 rActual Liability PRODUCTS-COMP/OPAGG S 1 000 000 REGATE LIMIT APPLIE;PEI PRa71LOD , POL(CYFx7 $ AUTOMOBILE LIABILITY CA5054198 10/l/2006 10/1/2007 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO ALLOWNEDAUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED, BODILY INJURY $ (Per eccitlenl) NON -OWNED AUTOS PROPERTYDAMAGE $ (Peracdoent) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ S ANY AUTO OTHERTHAN EAACC $ AUTOONLY: AGG O LIABILITY PROUB085646 10/1/2006 10/1/2007 EACH OCCU RRENCE $ 5 00O 000 AGGREGATE $ S ODD,OOO —EXCESS X OCCUR CLAIMS MADE $ DEDUCTIBLE' S X RETENTION $ 10 00 WORKERS COMPENSATION AND D California WC3423144 10/1/2C06 10/1/2007 WC $TATU- OTH- X RY R EL. EACH ACCIDENT $ 1 000 000 EMPLOYERS'LIABILITY D ANY PROPRIETORIPARTNERIEXECUTIVE All Other WC3423143 10/1/2006 10/l/2007 E.L. DISEASE -EA EMPLOYEE. $ 1 000,000 OFFICERIMEMBER EXCLUDED? I Ryes.IALP PROVISIONS SPECIAL Pibouncer below E.L. DISEASE -POLICY LIMIT $ 1 ODO 000 A OTHER PROP2027883 10 1 2006 10 1-29.07, _. /'>•' ` ., Professional Liability r y _- „Ji-,. I k'$'3;Oi,O,D00 Each Loss ,Claims Made $3,000,000 Aggregate IS I P All 00,000 Deductible DESCRIPTION OF OPERAnONS/LOCAnONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECUu PROVISIONS Re: Environmental Training and Consulting Serviaea---- --- --- - THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE' },.�i:: t! �.'6v ;�•(°i'•`� The City of Santa Ana, its officers, agents, employees, volunteers and representatives shall be named as additional insured for General Liability if required by written contract. YGll 11r 1Y,11 G 1 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 City Of Santa Ana IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Planning and Building Agency REPRESENTATIVES. 20 Civic Center Plaza, ROSS Annex M-20 AUWORREDp RESENTATIV P.O. Box 1988 Santa Ana, CA 92702 ACORD 25(2001108) uclace W11hS CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 05/2DATE 4/2007 PRODUCER B77-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED ,Tones & Stokes Associates, Inc. INSURER A'. Amerlcea International Specialty Lines In 26883-003 2600 V Street Sacramento, CA 95818 INSURER S. Commerce and Industry Insurance Company 19410-004 INSURER C. American International specialty Lines In 26883-002 i INSU R ERD: Amer ican Home Assurance comn.nv ioasn_nm OEJCRIPTIDN OF OPEMnONWLOCATIONMEHICLEStEXCLUSION5 ADDED BY ENDORSEMENTISPECIAL PROVISIONS If required by insured contract, such insurance as is afforded by this policy is Primary insurance and no other insurance of the Additional Insured will be called upon to contribute to a loss. Coll:1993945 Tpl:542217 Cert:8986523 Page 3 of 3 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. Cert:8986523 EFFECTIVE DATE: 10/1/2006 POLICY NUMBER: PROP2027883 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured - Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Santa Ana, its officers, agents, employees, volunteers and representatives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company A"A61,S ���1 4-;AJES, � This endorsement modifies such insurance as is afforded by the provisions of Policy # -PRop 2v27 saw 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 insured's ("additional insured's") 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 insured's. 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 insured's. 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 q/: 0/6-7 this endorsement form as a part of Policy # ?may Issued to a11< Named Insured Countersigned by O� Authorized Repres roe INSURANCE REQUIREMENTS FOR CONSULTANTS IMPORTANT - YOU MAY NOT COMMENCE WORK FOR THE CITY OF SANTA ANA UNTIL APPROPRIATE INSURANCE HAS BEEN APPROVED BY THE CITY ATTORNEY'S OFFICE. TYPES OF INSURANCE REQUIRED: CGL (Commercial General Liability) — CGL insurance is required when the Consultant will be performing services on City property or receiving City grant funds. A $1,000,000.00 per occurrence policy is required. The certificate of insurance must provide 30 days notice of cancellation or material reduction in policy limits. Additionally, the City of Santa Ana, its officers, agents, volunteers and employees shall be named as an additional insured via an additional insured endorsement. The additional insured endorsement shall provide that the Consultant's insurance is primary to any insurance or self-insurance carried by the City as well as a separation of insured's clause. As an alternative, the City of Santa Ana offers vendor's liability insurance. Please call Rosa Flores at 647-5340 for more details. Automobile - Automobile insurance is required when the Consultant will be driving from one City site to another City site in a non -City vehicle. A $1,000,000.00 per occurrence policy for owned, hired and non -owned automobiles is required. Worker's Compensation — In accordance with the provisions of Section 3300 of the California Labor Code, any Consultant with employees must maintain employer's liability insurance with limits not less than $1,000,000.00 per accident. Worker's Compensation is not required for sole proprietors or a partnership with no employees. However, these Consultants must complete a "Worker's Compensation Declaration." This form may be obtained from City staff. Professional Liability — Professional liability insurance is required for state licensed professionals, such as, engineers, architects, CPAs, attorney and medical professionals. A $1,000.000 policy is required. Jones & Stokes Transmittal Date: July 25, 2007 To: Tonia Zerba City of Santa Ana 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 From: Chad Beckstrom Subject: Contract for Environmental Study and Related Technical Study Services Related to CEQA/NEPA Method of Transmission: Mail ■ Overnight Courier Items Being Quantity Description Transmitted: 3 Signed Contracts Tonia, Enclosed are 3 signed contracts for the Environmental Study and Related Technical Study Services. Regards, Chad RECEIVED JUL 262007 SANTA ANA PLANNING DEPT 17310 Red Hill Avenue, Suite 320 • Irvine, CA 92614-5600 . te!. 949 260.1080 • fax 949 260.1081 :ww,x]cnesandstokeseom DATE (MM/OD/VV) I ACORD.. CERTIFICATE OF LIABILITY INSURANCE o3/14/uu THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT ION ONLY' PRODUCER ADD Risk Services Northeast, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS fka ADD Risk services, Inc. of New York DOES NOT AMEND, EXTEND OR ALTER THE 199 water Street CERTIFICATE COVERAGE AFFORDED BY THE POLICIES BELOW. New York NY 10039-3551 USA INSURERS AFFORDING COVERAGE PHONE1866),283-7122 FAx- 847 953-5390 Insurance Company INSURERA Federal INSURED )ones & Stokes Associates, Inc. INSLRER e. Steadfast Insurance Company and Subsidiaries 9300 Lee Highway msuxcR c. Fairfax VA 22031-1207 USA - wsuaeR D: 9 COVERAGES This.:Certificate Is not itl[ended b- 'B3i ep DtsuHllcnts, INSURER E. !L May ApY. cdndition'; ;1 exclusiaBs of the hciea shhxa+.: "- ' - I d 'o ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING o THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY y ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR l'YPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDD\VV) DATE(NID1`,1UD\YV) N 35812409 06/25/07 06/25/06 eACH (lCcuRRENCE $1,000,00000 A GENERAL LIABILITY Package -Domestic N FIRE DAMAGEIAnv one fie) $1,000,000 X COMbRCIALUF`ERA[ LIABILITY M O $SO, O00 M11ED EXP IMy one Person) CLAINIS MADI:n OCCUR PERSONAL & ADV INJURY $S,000,000 GENERALAGGREGATE $2,000,000 " O GEN'L AGGREGATL LIMIT APPLIES PER PRODUCTS-COMPIOP AGG 52,000,000PRO ❑ ❑ z roucv IECIEci LDc „ R V A 73522955 06/Z5/07 06/Z5/08 COMBINED SINGLE LIMIT $1,000,000 w AUTOMOBILE. LIABILITY Automobile All slates IEu e<cidcn0 NY AUTOLL OWRJED:VI FOS BODILY INJURY ICHEDULED AUTOSIRED JX AUTOSON OWNED AUTOS PROPERTY DAMAGE (Pcr uccidrn0 AUTO ONLY - EA ACCIDENT GARAGE LIABILITY OTHER"THAN LA ACC ANY AUTO AUTO ONLY AGG _ _ O6/25/O7 EACH OCCURRENCE 85,000,000 A EXCESS LIABILITY Umbrella Liability AGGREGATE $5,000,000 OCCUR ❑ CLAINIS MADE DEDUCTIBLE x RETFNTION $10,000 W'C ST ATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER E.L. EACH ACCIDENT EMPLOYERSLIABILITY ' E.L. DISEASE -POLICY LIMIT E.L. DISEASE -EA EMPLOYEE - $3,000,000 �y PEC 913140700 06/25/07 66/25/08 Pf Of Llab Agg - A11 Errors & OIIMiSsionS - CertS Or overall policy aggre $3,000,000 &O Cvg PERAFIONS,LOCATIONShVEHICLFS/EXCLUSIONS ADDED BYENDORSEMENTISPECIAL PROVISIONS EDESCRIPTIONOT its agents, employees, volunteers and representatives are l Services. The City of Santa Ana, officers, General Liability, as required by written contract. If required by Additional insured as respects of the Additional_ as is afforded by this policy is primary and no other in tract, such insurance SHOULD ANY OF THE ABOVE DESCRIBEDPOLICIESBECANCELLEDTLEDBEFORE THE EXPIRATION i City of Santa Ana DATE THEREOF.THEE ISSUING COMPANY WILL ENDEAVOR MAIL 20 Civic Center Plaza, ROSS Annex M 20 M iO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. Box 1988 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Planning and Building Agency Ana CA 92702 USA OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Santa AUTHORIZED REPRESENTATIVE��,v .r. ...". '1 .. .:. :.. z Attachment to ACORD Certificate for Tones & stokes Associates, inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the Insureds). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy INSURED Jones & stokes Associates, Inc. and subsidiaries 9300 Lee Highway Fairfax VA 22031-1207 USA If a policy below does not include limit information, reter to the corresponamg poriuy all lny A nnrTTnN AI. P01.1CIES ------ I-- c,., ..,.n,.., I;—;t< yyPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE. LIMITS INSR LTR DESCRIPTION OF OPERATIONSILOCArIONSIOCHICLLSILXCLUSIONS ADDED BY LNDORSEMLNT/SPECIAL PRO"S"Ns Insured will be called upon to contribute to a loss. Cer ifigate No : 570027428292 kCD, CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTI ONLY AND CONFERS NO RIGHTS UPOI willis North America, Inc. 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 INSURED Jones 6 Stokes Associates, Inc. Attn: Pam-Lampkin 2600 V Street Sacramento, CA 95818 DATE 10/03/2007 HOLDER. THIS CERTIFICATE DOES NOT Aft PIv. ALTER THE COVERAGE AFFORDED BY THE POLI INSURERS AFFORDING COVERAGE INSURERA: American International Specialty Lines NSURERB: Commerce and Industry Insurance Compare r..♦e...aH nnwl Specialty Lines American EXTEND OR IES BELOW. NAICR in 26883-003 19410-004 In 26883-002 19380-001 COVERAGES NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR HEREIN IS SUBJECTTO 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. POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSR ADO' POLICY NUMBER TYPEOFINSURANCEDATE (MMQDrYYI PROP2027883 10/1/2007 10/1/2008 EACHOCCURRENCE $ 1,000,000 A GENERAL LIABILITY DAMAGE iORENTED $ 500 000 X I COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence CLAIMS MADE 1XI OCCUR MEDEXP(Anyoneperson) S 5,000 PERSONALS ADV INJURY $ 1,000,000 X Pollution Liao Incl. GENERAL AGGREGATE $ 2,000,000 X Contractual Liability GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPlOP AGO $ 1 OOO OOO POLICY X PRO LOC B AUTOMOBILELIABILITY CA5054198 10/1/2007 10/1/2008 COMBINED SINGLE LIMIT $ 1,000,000 (Ea acoden0 X ANY AUTO ALLOWNEDAUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS i-, 1'� .);:iil HIRED AUTOS , BODILY INJURY $ (Per accident) NON -OWNED AUTOS �..�e PROPERTYDAMAGE $ (Per accident) t '-'I' f'ItLF-_ AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY - +- ANYAUFO OTHERTHAN EAACC $ $ AUTO ONLY: AGG C EXCESSIUMBRELLA LIABILITY PROU8085646 10/1/2007 10/1/2008 EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 X OCCUR CLAIMSMADE S DEDUCTIBLE OTH- WRY $ X RETENTION $ 10 00 D WORKERS COMPENSATION AND CA WC3426107 10/1/2007 10/1/2008 X- TORV UMIT_ ER IMT- EL. EACH ACCIDENT s 1,000,000 EMPLOYERS'LIABILSCOMPIEN Y ADS WC3426106 10/1/2007 10/1/2008 EL DISEASE - EA EMPLOYEE $ 11000,000 D ANY PROPRIETOWPARTNER7EXECUTIVE OFFICERIMEMSER EXCLUDED? EL.DISEASE- POLICY LIMIT $ 11000,000 If yes, describe under SPECIAL PROVISIONS below PROP2027883 10 1 20 77 10 1 F008 A OTHER $3,DOO,OOD Each Lose l Professional Liability $3, 000,00 Aggregate Claims Made 50 000 Deductible DESCRIPTION OF OPERATONWLOCATONSIVEHICLES XCLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS Re: On -Call Services The City Of Santa Ana, its officers, agents, employees, volunteers and representatives are I£ included as Additional Insured as respects General Liability, as required by written contract. required by insured contract, such insurance as is afforded by this policy is primary and no other insurance of the Additional Insured will be called upon to contribute to a loss. DtM I I IUA I C I1 VLu nn 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 City Of Santa Ana IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Planning and Building Agency REPRESENTATIVES. 20 Civic Center Plaza, ROSS Annex M-20 AUTHORIZEDR RFSFNTATIV P.O. Box 1988 Santa Ana, CA 92702 ACORD 25 (2001/08) Co11:2129470 Tp1:690109 Cert:96J0 90 ®ACORD CORPORATION 1988 Page 2 of 2 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. 11:2129470 Tp1:690109 Cert:9630790 EFFECTIVE DATE: 10/1/2007 POLICY NUMBER: PROP2027883 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured - Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Santa Ana, its officers, agents, employees, volunteers and representatives Re: On -Call Services (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984 �k; ENDORSEMENT NO. B This endorsement, effective 12:01 AM 10/1/2007 Forms a part of Policy No: PROP2027883 Issued to: Jones & Stokes Associates, Inc. By: American International Specialty Lines Insurance C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of $ 0.00 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you. Additional Insured: The City of Santa Ana, its officers, agents, employees, volunteers and representatives This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 78123 (6/01) CI1486 Jones & Stokes June 21, 2007 Mr. Vince Fregoso, Senior Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 Subject: Proposal to Prepare an Initial Study and Mitigated Negative Declaration for the Alton Court Project Dear Vince: Thank you for inviting Jones & Stokes to prepare an Initial Study and Mitigated Negative Declaration (NE\TD) for the Alton Court Project in the City of Santa Ana. We appreciate the opportunity to continue our working relationship with the City of Santa Ana Planning Division to prepare an Initial Study and MND in accordance with the California Environmental Quality Act (CEQA) Guidelines. We have detailed our proposed scope of work, cost estimate, and schedule within this letter. Proposed Scope of Work We have developed a scope of work based on our current understanding of the project and anticipated level of effort to complete the documentation. Our scope of work follows accordingly. Task 1. Initiation of the Project/Kick-Off We will attend a kick-off meeting to discuss the project with Citystaff within 5 working days of receiving the notice to proceed. At this time, we will gather the available information about the project, discuss any project constraints and issues, and refine our scope and responsibilities, if necessary. Task 2. Prepare Administrative Draft Initial Study/Proposed MND Jones & Stokes will prepare an administrative draft Initial Study/Proposed MND, which will include an evaluation of the environmental resources contained in the City's CEQA Environmental Checklist. The Initial Study will include discussions of the existing conditions, impacts and magnitude of the impacts, and the level of significance for each environmental discipline, as appropriate. Mitigation measures will be developed to reduce potential impacts to less than significant levels, where necessary. This scope of work assumes that the noise study prepared by Mestre Greve Associates will be adequate for CEQA purposes and acceptable to the City. Our 17310 Red Hill Avenue, Suite 320 • Irvine, CA 92614-5600 • tel. 949 260.1080 • fax 949 260.1081 www.jonesandstokes.com Mr. Vince Fregoso June 21, 2007 Page 2 scope includes a critical review of the existing studies being prepared and provided by the applicant, and incorporation of the results into the IS/MND. Should these studies be determined to be deficient during our review, we will advise the City accordingly, and the applicant will update the studies to address our concerns. No other technical studies or analysis is anticipated to be required. Task 3. Prepare Mitigation Monitoring Plan In accordance with State law, Jones & Stokes will prepare a Mitigation Monitoring Plan (NIIVIP) for the proposed project. The MMP will include all accepted mitigation measures and an indication of the following: ■ mitigation measure, ■ the project time period to which the measure applies, ■ party responsible for implementing the mitigation, and ■ method of monitoring. Task 4. Finalize and Circulate Initial Study/Proposed MND Following the Cit 's review and comment on the Administrative Draft Initial Study/Proposed MND, Jones & Stokes will revise the document to incorporate comments as appropriate. We will circulate the Initial Study/Proposed MND for public review to interested parties, as directed by the City. For budget purposes, we will assume reproduction and distribution of up to 20 copies. We will also assume responsibility for posting the Notice of Intent to Adopt an MND at the County Clerk's Office. We do not foresee the need to send copies to the State Clearinghouse. The City win be responsible for publishing any newspaper notices and/or mailing notices to surrounding property owners. Task 5. Respond to Comments and Prepare Final Mitigated Negative Declaration Following the public review period of the Initial Study/Proposed MND, Jones & Stokes will respond to agency and public comments. These responses, along with the comments, will be incorporated into the document and the MND will be finalized for consideration by the City Planning Commission/City Council. Jones & Stokes will provide up to 10 copies of the Final MND. Following adoption of the document we will file the Notice of Detemunation with the County Clerk's Office. We assume that the City will provide the Department of Fish and Game Filing Fee or the No Effect Waiver for filing fees. Task 6. Attend Meetings Jones & Stokes' project manager and applicable technical staff will attend any necessary meetings, including public hearings and project coordination meetings. Our budget includes attendance at a kick-off meeting (shown in Task 1) and two meetings to support staff at City Council and Planning Commission meetings. Mr. Vince Fregoso June 21, 2007 Page 3 Schedule We propose to complete the Administrative Draft Initial Study/Proposed MND within approximately weeks from the kick-off meeting. Our proposed schedule for the entire process is anticipated to be approximately 3 months, including City reviews and public review periods. Cost We propose to perform the scope of work identified in this proposal on a time -and -materials basis, for a not -to -exceed cost of $19,500. Additional work outside of the scope of services identified in this proposal would be billed on a time -and -materials basis according to our standard schedule of fees and with prior approval from the City. We look forward to the opportunity to continue our successful working relationship with the City of Santa Ana. As an Associate Principal and Project Director with Jones & Stokes, I am pleased to commit our team to the successful completion of this EIR Should you have any questions, please feel free to contact me at 949/260-1080. Sincerely, Approved and consented to on aL, 2007 by. City of Santa Ana Chad R. Beckstrom, AICP Project Director , 6 7 ame Date Attachment S ENic , f04'r'WaL Title l J ALTON,LLC City of Santa Ana Check Number: 1080 1080 Check Date: Aug 10, 2007 Check Amount: $19 , 5 0 0. 0 0 Item to be Paid - Description Discount Taken Amount Paid Reimbursement to city for outside (3rd party) .9,500.00 CITYNATIONAL { ( 18111 VON K R MAN, SUITE 100 1080 IR N BANK kpl 92612 T­­. ALTON, LLC DATE 20151 S.W. BIRCH STREET, SUITE 150 16-1606/1220 Aug 10, 2007 NEWPORT BEACH, CA 92660 AMOUNT ***$19, 500.00 Memo: PAY TO THE Nineteen Thousand Five Hundred and 00/100 Dollars ORDER OF: City of Santa Ana 20 Civic Center Plaza p4�J"po a29� P.O. Box 1988 Santa Ana, CA 92702 nP f90 NP II'00 10601" 1: 1 2 20 160 L 6II: 0 2 3­13 48 78 311' Planning & Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) PLANNING DIVISION FEES Santa Ana, CA 92702 Sheet 1 of 3 (714) 667-2700 www.santa-ana.org Effective 7/1/2007 REVIEWSITE PLAN 0. • ($20,000-$49,999 or Discretionary Action) ............................................ $ 535.00 $ _ ($50,000-$100,000)............................................................................... 815.00 $ (OVER $100,000).._....... ..................................................................... 1,520.00 $ - • FCWP Fee ($20,000-$49,999 or Discretionary Action) ..................... $ 139.00 $ ($50,000-$100,000)....................................................... 212.00 _ $ (OVER $100,000)........................................................ 395.00 $ • -• its • DP FEE (Project Coordination Charge) BUILDING VALUATION......................................................................... $ 3110 OF 1 % OF BUILDING VALUATION $ -• • CATEGORICAL EXEMPTION/ENVIRONMENTAL DETER. +( (7F .t4- 1 � -- _f /;2- (required at time of site plan review submittal) ................................:...... $ 215.00 $ FEEMAYBEAPPLIEDTOTH FOLLOWING: NEGATIVE DECLARATION . '� f 't ' �+ $ With studies and mitigation No Traffic Stud g ( Y) - ---- - • 2,920.00 or c� 10% of Consultant fee, whichever is greater' NEGATIVE DECLARATION Requiring Traffic Study-............................................................... 5,800.00 or _ $ 10% of Consultant fee, whichever is greater` Without studies.............................................................................. 725.00 _ $ ENVIRONMENTAL IMPACT REPORT ................................................... 11,700.00 or $ 10% of Consultant fee, whichever is greater' ' plus any other additional cost accrued MITIGATION MONITORING Upon Site Plan Resubmittal.......................................................... 400.00 $ Upon submission to plan check .................................................... 1 850.00 $ _kIWOUNT NEW SINGLE FAMILY RESIDENCE REVIEW .... _................................ $ 415.00 $ SECOND DWELLING UNIT REVIEW ................................................... 415.00 _ $ ilRiUIETIONARY ACTIONAMOUNT CHANGE OF ZONE OR DISTRICT...................................................... $ 2,365.00 _ $ CONDITIONAL USE PERMIT............................................................... 2,370.00 _ .... $ - Appeal....... .................................................................................... 1,780.00 1 U h Condition Modification............................................................... 1,175.00 With a PC&N Determination (ABC License) .................................. 2,370.00 h ... ._:_._- i•;._+._+. _ 'GI':�=_` it •^�i - _ Public Convenience & NecessityDetermination ........................... 880.00 li(� CONDITIONAL USE PERMIT Coffee Houses Entertainment CUP ............................................... 192.00 $ CONDITIONAL USE PERMIT - PRD................................................ 2,960.00 ' `i. :., $ Appeal ........................... ............................. ...................... ............. 2,215.00 $ DEVELOPMENT AGREEMENT/REVIEW ($3,775.00 non-refundable i` a 7 ,. fri<iu:f deposit will be required initially) Plus Reimburse City for Actual Cost GENERAL PLAN AMENDMENT......................................................... 2,960.00 MINOR EXCEPTION......_........._.......................................................... 880.00 _ Appeal.........__............................................................................... 645.00 $ MINOR EXCEPTION FENCES............................................................. 420.00 _ $ LOT LINE ADJUSTMENT.................................................................... 1,105.00 $ Appeal........................................................................................... 645.00 ;, ;: ., $ ; J [_ PARCEL MAP (Tentative)....................................................................... 1,110.00 + $23/lot - $ Appeal........................................................................................ 835.00 _ $ Extension....................................................................................... 215.00 $ _ SPECIFIC DEVELOPMENT ZONE ....................................................... 2,960.00 _ $ TRACT MAP (Tentative)........................................................................ 2,590.00 + $304ot _ $ _ Additional per dwelling unit............................................................ 70.00 $ Appeal............................................................................................ 1,955.00 - $ Extension........................................ •....................................... 220.00 _ $ VARIANCE............................................................................................. 2,370.00 - $ Appeal........................................................................................... 1,780.00 $ Conditional Modification................................................................ 1,175.00 _ $ APPEAL OF PLANNING MANAGER'S/Z.A.'S DECISION._ ................ 440.00 $ OTHER.................................................................................................. $ TOTAL $ PROJECTADDRESS DATE APPLICANT ?: i L; ! L,C PHONE' MAILING ADDRESS i ✓ f +'; a BY �f r ...__ .............. Jones & Stokes August 14, 2007 Mr. Sergio Klotz, Senior Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 r _:sip:€''L Cii v attorney Subject: Proposal to Prepare an Initial Study and Notice of Preparation for the Santa Ana State Enterprise Zone Application Dear Sergio: Thank you for inviting Jones & Stokes to prepare an Initial Study and Notice of Preparation (IS/NOP) for the Cite of Santa Ana State Enterprise Zone (SEZ) in accordance with the California Environmental Quality Act (CEQA) Guidelines. We understand that the City of Santa Ana is proposing that areas within the City be designated an SEZ, which would make available incentives to attract and retain businesses and jobs in economically distressed areas of the City. The proposed project would allow businesses located within the SEZ area to take advantage of state performance - based tax credits and incentives as well as city benefits. The zone designation would not result in sition or development projects. We have detailed our proposed specific construction, land acqui scope of work, cost estimate, and schedule within this letter. Proposed Scope of Work We have developed a scope of work based on our current understanding of the project and anticipated level of effort to complete the documentation. Our scope of work includes only preparation and distribution of the IS/NOP and does not include preparation or processing of an Environmental Impact Report, which would be subject to a revised scope and budget. Our proposed scope of work is as follows. Task I. Initiation of the Project/Kick-Off We willattend a kick-off meeting to discuss the project with City staff within 5 working days of receiving the notice to proceed. At this time, we will gather the available information about the project, discuss any project constraints and issues, and refine our scope and responsibilities, if necessary. 17310 Red Hill Avenue, Suite 320 � Irvine, CA 92614-5600 ' tel. 949 260.1080 .. fax 949 260.1081 www.jonesandstokes.com Mr. Sergio Klotz August 14, 2007 Page 2 Task 2. Prepare Administrative Draft Initial Study Jones & Stokes will prepare an administrative draft Initial Study, which will include an evaluation of the environmental resources contained in the City's CEQA Environmental Checklist. The Initial Study will include discussions of the existing regional environmental conditions, potential impacts and magnitude of the impacts, and the level of significance for each environmental discipline, as appropriate. Our approach will involve utilizing existing available planning documents and reference materials, and does not include conducting any detailed technical studies. Based on the nature of the proposed project, it is not likely to result in any specific, known or projected development projects. However, the proposed SEZ designation has the potential to indirectly result in increased development activity within the project area, which may or may not result in impacts to environmental resources. The impact discussion will be broad based and programmatic, and will address potential indirect impacts to the greatest extent practicable. We will identify whether or not the proposed project could generate potentially significant impacts, requiring an Environmental Impact Report (EIR), or whether impacts would all be less than significant. Task 3. Finalize Initial Study Following the City's review and comment on the Administrative Draft Initial Study, )ones & Stokes will revise the document to incorporate comments as appropriate. We will prepare the Initial Study for circulation for public review Task 4. Prepare NOP Jones & Stokes will prepare the Notice of Preparation in accordance with the CEQA Guidelines. The NOP will contain all of the required contents, including a description of the project, location, and potential environmental impacts. Task 5. Circulate ISMOP Upon review and approval of both the Initial Study and NOP, we will circulate the IS/NOP to a City -approved distribution list. For budget purposes, we will assume reproduction and distribution of up to 50 copies. We will also assume responsibility for posting the NOP at the County Clerk's Office, and submitting 15 copies of the IS/NOP to the State Clearinghouse. The City will be responsible for publishing any newspaper notices and/or mailing notices to property owners. Schedule We propose to complete the Administrative Draft IS/NOP within approximately 30 days from the kick-off meeting. Cost We propose to perform the scope of work identified in this proposal on a time -and -materials basis, for a not -to -exceed cost of $17,500. Additional work outside of the scope of services identified in Mr. Sergio Klotz August 14, 2007 Page 3 this proposal would be billed on a time -and -materials basis according to our standard schedule of fees and with prior approval from the City. We look forward to the opportunity to continue our successful working relationship with the City of Santa Ana. As an Associate Principal and Project Director with Jones & Stokes, I am pleased to commit our team to the successful completion of this project. Should you have any questions, please feel free to contact me at 949/260-1080. Sincerely, Chad R. Beckstrom, AICP Project Director City of Santa Ana Planning and Building Agency Environmental Consultant Authorization Form Project Name: Santa Ana State Enterprise Zone — Neg. Dec. (amend current scope on file) Project Address (if applicable): Consultant Name: Jones and Stokes Agreement No. (if applicable): A-2007-157 Staff has carefully reviewed the proposal by the above -mentioned consultant dated DATE OF AGREEMENT. We do hereby authorize the above -mentioned consultant to commence work as indicated within the terms and conditions of this proposal. ® Environmental Consultant Services Special Account Balance: BALANCE AMOUNT Staff has confirmed that the total aggregate amount ($2,000,000) of the special deposit account for contracted environmental services (account no. 98-01-3612) has not been overdrawn for fiscal year 2007-2008. ® Amount of Proposed Contract: $1,876.75 ® Funding Source ❑ Private (Developer) — Account No.: ® Public (City Agency) — Account No 570-932-6223 PWA ® Agreement, Liability Insurance and Workers Compensation Insurance Staff has confirmed that all required agreements, liability insurance and workers compensation insurance has been submitted and is current. ® Developer/Applicant Consultant Authorization Staff has obtained authorization from developer/applicant/City Agency to hire the above - mentioned consultant firm (attach authorization letter from developer/applicant). SPrnin Klnt7 Planner Date Planning Manager Authorization Date Jay Trevino, Executive Director, City of Santa Ana Planning & Building Agency Name and Title Sign S' —: =o& Date ............... Jones & Stol-ces February 27, 2008 Mr. Sergio Klotz, Senior Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 Subject: Proposal to Distribute and File the Negative Declaration for the Santa Ana State Enterprise Zone Dear Sergio: Jones & Stokes is pleased to submit this proposal to complete the California Environmental Quality Act (CEQA) compliance for the Santa Ana State Enterprise Zone Project. This proposal outlines the remaining tasks through approval of the project and filing the Notice of Determination on the Negative Declaration (ND). The detailed scope of work and cost estimate are contained within this letter. We propose to complete the work within our remaining authorized budget for this project. Proposed Scope of Work Our proposed scope of work is as follows. Task 1. Prepare ND Form and Notice of Intent to Adopt a Negative Declaration (NOI) Jones & Stokes will use information from the previously prepared Initial Study and complete the City's ND form, as well as the NOI for the proposed project. Task 2. Print and Distribute the IS/ND and NOI Jones & Stokes will print and distribute up to 50 copies of the IS/ND and NOI for the project. We will work with the City to develop a distribution list and will send one copy of the IS/ND along with the NOI to the recipients on the Distribution list, including 15 copies to the California State Clearinghouse. Task 3. File NOI Jones & Stokes will file the NOI with the Orange County Clerk and the State Clearinghouse. This process will start a 30-day public review period in accordance with CEQA. There is a $50 processing fee for the County that is included in our budget. 17310 Red Hill Avenue, Suite 320 • Irvine, CA 92614-5600 • tel. 949 260.1080 • fax 949 260.1081 www.jonesandstokes.com Mr. Sergio Klotz February 27, 2008 Page 2 Task 4. Finalize IS/ND Following the 30-day public review period, Jones & Stokes will respond to comments received on the IS/ND (if applicable), and will prepare a Final IS/ND for adoption by the City Council. Task 5. File Notice of Determination (NOD) Upon adoption of the ND, Jones & Stokes will file an NOD with the Orange County Clerk and the State Clearinghouse. There is a $1,876.75 fee for filing the ND with the County that is required to be paid to the California Department of Fish and Game. It may be possible to get a waiver, and we will work with the City to request a waiver for this fee. Our scope and budget currently includes payment of this fee, along with the County's processing fee. Cost We propose to perform the scope of work identified in this proposal on a time -and -materials basis, for a not -to -exceed cost of $6,750. We propose to complete the work within our remaining authorized budget for this project of $17,500, and are not requesting additional budget at this time. Additional work outside of the scope of services identified in this proposal would be billed on a time -and -materials basis according to our standard schedule of fees and with prior approval from the Cite. This may include attendance at public hearings or other meetings. Should you have any questions, please feel free to contact me at 949/260-1080. Sincerely, Chad R. Beckstrom, AICP Project Director K 0 A C o r p o r a t i o n CONCLUSION KOA looks forward to working with you on this important project. If you wish to discuss this proposal further, you may contact me at my office. If you wish to expedite authorization of the project, you may sign a copy of the proposal on the approved line and return to our office at my attention. This proposal is valid for 120 days. AUTHORIZATION If convenient, you may fill out and sign a copy of this authorization proposal on the indicated line and return it with a copy of the proposal complete to our office. We have carefully reviewed the proposal dated May 25, 2007 by KOA. We do hereby authorize KOA to commence work as indicated within the terms and conditions of this proposal. Date Print or Type Name & Title Address (if different than letter addressee) G:120071StudieslSA MerioEast-Addendum-rev.MA73077.doc a s�lsta �;iy f�ttor_.et, TRAFFIC IMPACT STC`D}- PROPOSAL — ADDENDUM FOR THE S Drag EJR Meiro Easr .ilixed l_1.se Zone Dverlav Project in the City of Santa Ana April 23, 2007 JPA Amendment and Agreement Between Santa Ana and Tustin Metro East Mixed Use (MEMU) Overlay Zone 1. The terms below constitute the third Amendment to the Tustin/Santa Ana JPA, originally adopted in 1989. 2, Creation of a new Area G, which would be co -extensive with the Metro East Mixed Use Overlay Zone (attached), as may be amended from time to time. All TSIA fees generated by new development in Santa Ana developed pursuant to the Overlay Zone would be deposited into the TSIP. 3. TSIA funds so generated from the new Area G would be deposited in the TSIP immediately and continue until 2030 (the build -out assumption in MEMU Overlay Zone EIR). 4. TSIA fees generated from development pursuant to the MEMU Overlay Zone shall go to fund capital projects identified in the MEMU Overlay Zone EIR and/or in the Additional Traffic Analysis called for in this agreement ("ATA") as mitigating traffic impacts, whether in Santa Ana or Tustin. >. Existing and unencumbered TSIA funds held by the JPA shall immediately be eligible to be used to perform the ATA. Santa Ana shall reimburse the TSIA accounts used to fund the ATA from Santa Ana's share of any TSIA generated from the new Area '1 The scope of the ATA shall be substantially consistent with the Tim Serlet letter of 4pril 11, 2007 to George Alvarez, subject to the approval of either (1) the JPA Board or '2) the City Manager of Santa Ana and the City Manager of Tustin. t. To the extent that the ATA demonstrates that development within the MEMU Overlay Zone will cause additional traffic impacts in Santa Ana or Tustin, the Area G TSIA funds will be dedicated to undertake capital project identified in the ATA to mitigate these impacts. The parties will cooperate to seek additional, third -party funding for these projects. 7. Santa Ana will not approve any development entitlement within the Metro East Mixed Use Overlay Zone other than the First and Cabrillo Mixed Use Development Project ("First and Cabrillo Project") until the sooner of (1) completion and acceptance by Tustin of the ATA and identification of capital projects per the ATA, or (2) 6 months from the date of this agreement. In no event, however, shall Santa Ana approve any further development project (beyond the 374 residential unit project at First and Cabrillo) pursuant to the MEMU Overlay Zone which utilizes the MEMU Overlay Zone EIR as the controlling environmental document pursuant to CEQA, until the completion and acceptance by Tustin of the ATA and identification of capital projects per the ATA. 8. Tustin agrees not to sue or support third party lawsuits over MEMU EIR. Santa Ana shall discuss and consult with Tustin regarding the scope of subsequent CEQA April 23, 2007 requirements for any future amendments to the MEMU Overlay Zone affecting location of density within Area G to determine the need to modify the capital improvement schedule to reflect any operational effects such modifications may have on traffic circulation. Either party may sue to enforce the provisions of this Agreement or for breach of this Agreement. 9. All preliminary costs of traffic mitigation capital projects, including without limitation, CEQA compliance, appraisal, and design, shall be eligible as costs of improvements paid for by TSIA funds. 10. The City Councils will authorize City Manager execution of an agreement consistent with the provisions of this outline and approved as to form by the City Attorneys and such agreement shall be effective without further review or approval by the City Councils. The Agreement can only be amended by further act of both City Councils; the JPA Board shall not have any power to alter the terms of the Agreement. CITY OF SANTA ANA ATTEST: PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager .APPROVED AS TO FORM: .JOSEPH W. FLETCHER City Attorney ATTEST: trPAMELA STOKER City Clerk APPfZf D A TO F RM: D UG S C. HOLLAND City Attorney 2 CITY OF TUSTIN WILLIAM A. HUSTON City Manager 2Katz, Okitsu & Associates WO Planning and Engineering May 25, 2007 Mr. George Alvarez, P.E. City Engineer 17852 E. Seventeenth 5t. City of Santa Ana — Public Works Agency Suite 102 20 Civic Center Plaza M-21 Tustin, CA Santa Ana, California 92702 92780-2142 714.573.0317 Subject: TRAFFIC IMPACT STUDY PROPOSAL (REVISED) for the Draft EIR Metro fax: 714.573.9534 East Mixed Use Overlay Zone in the City of Santa Ana — Addendum koaoc@katzokitsu.com www.katzol(itsu.com Dear Mr. Alvarez: KOA Corporation (KOA) is pleased to receive a request for proposal to provide additional information for the Draft EIR traffic analysis for the Metro East Mixed Use Overlay Zone project in the City of Santa Ana. We are interested in assisting with this project and submit this proposal accordingly. This proposal was based upon the information your City provided, the letters dated April 11, 2007 and May 14, 2007 sent by the City of Tustin, and the meeting of May 20, 2007. The Scope of Services, cost estimate, and schedule for this project are presented in the attachment to this letter. Los Angeles 323.26es KOA has earned a reputation for high quality work, fulfillment of deadlines, and reasonable fax: 323.260.4705 costs. The firm has offices in Tustin, San Diego, Ontario, Oakland, and Monterey Park. The firm has coverage in the following areas: Professional Liability ($2 million), Automobile Liability ($1 million) and General Liability ($5,000,000). Our Worker's Compensation Oakland coverage meets the insurance requirements of California State law. We have successfully 510.839.0061 completed similar projects for numerous public agencies and private parties. References for fax: 510.834.0964 specific rpk--d projects will be provided upon request. You may authorize this project by endorsing the proposal on the final page and returning a Ontario copy of the proposal to our office by mail or fax. We look forward to working with you on 909.890.9693 this important project. This proposal is valid for 120 days. fax: 9D9.890.9694 Please be aware that in May 2007, our firm officially changed its name from Katz, Okitsu & Associates to KOA Corporation. San Diego 619.683.2933 Sincerely, fax: 619.683.7982 Rock E. Miller, P.E. Vice President G:20070udieslSA MertoEast-Addendum-rev.AvL473077.doc K O A C o r p o r a t i o n PROPOSED SCOPE OF SERVICES for the Traffic Impact Study Proposal for the Draft EIR Metro East Mixed Use Overlay Zone In The City Of Santa Ana -Addendum The following scope of services, schedule and fee apply to a traffic study update to analyze additional concerns that the City of Tustin has raised within the letters sent to the City on April 11, 2007 and May 14, 2007; specifically: QL Prepare an exhibit that shows the traffic volume distribution in trips on arterial links within the Old Town Tustin area — namely El Camino Real, Pacific Street, Myrtle Avenue, "B" Street, and Amaganset Way. Also show project trips on arterial streets bounded by Newport Avenue, 17th Street, SR 55 Freeway, and 1-5 Freeway. 4- Include an analysis of Main Street between Elk Lane and Newport Avenue. This street segment is identified as a Secondary Arterial roadway in the Tustin General Plan. This arterial was not in the original SOW for the Draft EIR, but the City of Tustin wishes it to be analyzed at this time due to the constrained right-of-way where Main Street traverses under the 1-5 Freeway Bridge (which results in a narrow configuration). 4- Provide traffic counts and analysis of the following intersections: Main Street/Pacific Street, Main Street/"B" Street, Main Street/El Camino Real, Main Street/Newport Avenue, and Seventeenth Street/Prospect Avenue These items are included in the Scope of Services provided below. SCOPE OF SERVICES The Scope of Services is intended to mutually meet both Cities' requirements for analysis of traffic impacts associated with the proposed development. Task 1 — Study Orientation and Scope Refinement KOA senior staff will discuss the normal and unique traffic aspects of the project and study requirements with the City Traffic Engineer. Task 2 — Data Collection Peak period intersection turning movement counts will be collected for 5 intersections during the AM and PM Peak hours: 4- Main Street at Pacific Street 4- Main Street at "B" Street 4- Main Street at El Camino Real TRAFFIC IMPACT STI-DY PROPOSAL — ADDENDUM FOR THE I�rujt EIR dletro East _,WjXed U.Se Zone Overlay Project in the City of Santa Ana K O A C o r p o r a t i o n 4- Main Street at Newport Avenue 4- Seventeenth Street at Prospect Avenue Twenty-four hour traffic counts will be obtained on the following streets: 4, El Camino Real between First Street and Newport Avenue 4, Pacific Street between First Street and Main Street i- Myrtle Avenue between First Street and Main Street Q.- "B" Street between First Street and Main Street Q;- Amaganset Way between Prospect Street and Yorba Street 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. If any additional arterial intersections must be analyzed, extra work compensation may be requested. Traffic counts and forecasts for other intersections in the area of concern will be obtained from the Metro East Mixed Use (MEMU) Overlay Zone EIR study. 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. Task 3 — Analysis Methodology In order to produce properly calibrated Level of Service results, the Level of Service analysis will be based upon SYNCHRO, a traffic signal operations analysis tool. This is expected to include Irvine Boulevard/4th Street from Tustin Avenue to Yorba Street and all signalized intersections in Tustin to be analyzed. Task 4 — Report Preparation KOA will prepare a traffic study for the development proposal. The study will present all information prepared by KOA, including: I. Existing Traffic Conditions II. Project Related Traffic Volumes III. Future Traffic Conditions IV. Traffic Impact V. On -site Circulation VI. Mitigation/Recommendations VII. Conclusion The future traffic conditions will include the Draft EIR Metro East Mixed Use Overlay Zone project. The study will address traffic conditions at all relevant intersections required by the County Congestion Management Plan and City guidelines. TRAFFIC' IMPACT STI.D}PROPOSAL — ADDENDUM FOR THE Z Draft Elk :Metro East Mixed Use Zone Overlay Project in tke Ci7)l of Satrta Ana K O A C o r p o r a t i o n Em Task 5 — Mitigation If necessary, we can develop and provide conceptual mitigation measures through restriping, signal modifications, or turning lanes. If mitigation requiring physical road construction at any location is required, field 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. Task 6 — Submittal and Review of Report Advance copies of the completed traffic study would be submitted to you for initial review. Upon your approval, the study would then be submitted to the City as directed. 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. Task 7 — Project Support KOA will be available to you and the City of Santa Ana to discuss traffic aspects of the project from our offices. We will also attend up to three (3) meetings at the City of Santa Ana or the City of Tustin to discuss the project. PERSONNEL ASSIGNED Mr. Ronn Knox will be the Project Manager for this project. Mr. Knox is an Associate Transportation Planner of KOA and has experience with projects of this type. He will be responsible for coordination with you and preparation of the report. Mr. Rock Miller, P.E., will be the Principal -in -Charge for this project. Mr. Miller will perform Quality Assurance and will sign the report. SCHEDULE Prior to the start of work, KOA will discuss with the Client to determine a mutually agreeable project schedule. Typically, studies of this nature can be submitted initially in 5-6 weeks. Revisions are normally completed approximately 10 business days following receipt of comments. PROPOSED FEE Our proposed total estimated fee is $16,500, lump sum. The increased fee is due to the use of SYNCHRO for Level of Services assessments. The lump sum is based upon the cost of time, materials, and reprographic expenses for KOA for projects of this type and scope. Invoices would be submitted monthly based upon project progress (percentage). Accounts are past due after 30 days. A finance charge of 1.5% per month after invoice date may be assessed on accounts more than 60 days past due. TRAFFIC IMPACT STUDY PROPOSAL — ADDENDUM FOR THE 3 Draft EIR Metro East Mixed Use Zone Overlay Projecl in the City of Santa Ana K O A C o r p o r a t i o n {� EXCLUSIONS These exclusions describe the situations that most frequently result in the need for extra work and additional compensation. ■ The proposed scope of work and fee does not include any public hearing or meeting attendance, except as specifically indicated in the Scope of Services. Attendance at additional meetings is billed up to $210 per hour for a Firm Principal, with a four-hour minimum for night meetings. ■ If the project description or size should change after the project is initiated, or if traffic studies are required at additional locations, not addressed in this letter or included in the Metro East Mixed Use (MEMU) Overlay Zone EIR, it may be necessary to revise the study extensively, and renegotiate the proposed budget. Costs would increase by approximately $2000 for each additional intersection. ■ The proposed fee does not include any costs or fees charged by any public agency for its review of traffic modeling services, additional, or new traffic model runs by any Agency. The project applicant will pay these directly to the Agency. This typically costs between $900 and $4000. : The traffic study will be based upon timely traffic information. It must be submitted to the City for initial processing within 60 days following preparation, or City requirements and data needs may change. Also, if the project schedule becomes extended for any reason, City requirements may also change. ■ Once the study is underway any earned fees due to KOA Corporation will be fully payable. = The proposed scope of services and fee does not include study of traffic conditions at any location except as specifically outlined in the scope of services. This excludes traffic studies at any nearby intersections or driveways that might be affected by project traffic. ■ KOA reserves the right to ask for extra work fees if the City comments exceed what is reasonable. Unreasonable comments, include (but not limited to) any traffic data collection, analysis, or surveys at any locations except as specified in our proposal, added meetings, excessive surveys and qualifications of said surveys, gratuitous delays in processing study or report, and unwillingness to work with Consultant in reaching a consensus of comments. ■ If the traffic study is approved for public circulation by the City Staff, and subsequent legal actions result in challenges in the study or further revisions, all KOA costs to address said legal challenges shall be considered extra work and additional compensation will be requested. ■ KOA shall not be held financially responsible for costs of legal delays that relate to our work, except in the case of sole and gross negligence on our part. INDEMNIFICATION KOA Corporation and the Client mutually agree to the fullest extent permitted by law, to indemnify and hold each other harmless from any and all damage, liability or cost, including reasonable attorney's fees and cost of defense arising from their own negligent acts, errors, and omissions in the performance of their services under this agreement, to the extent that each party is responsible for such damages, liabilities, and costs on a comparative basis of fault. TRAFFIC IMPACT STUD1 PROPOSAL — ADDENDUM FOR THE 4 Druft ETR Metro East Mixed U.re Zone Overlay Project in the Cite of .S'a111a Ana K O A C o r p o r a t i o n CONCLUSION KOA looks forward to working with you on this important project. If you wish to discuss this proposal further, you may contact me at my office. If you wish to expedite authorization of the project, you may sign a copy of the proposal on the approved line and return to our office at my attention. This proposal is valid for 120 days. AUTHORIZATION If convenient, you may fill out and sign a copy of this authorization proposal on the indicated line and return it with a copy of the proposal complete to our office. We have carefully reviewed the proposal dated May 25, 2007 by KOA. We do hereby authorize KOA to commence work as indicated within the terms and conditions of this proposal. 0-6-0�-- Date Print or Type Name & Title Address (if different than letter addressee) G:120071StudieslSA MertoEast-Addendum-rev.MA73077.doe TRAFFIC INIPACT STUDS PROPOSAL — ADDENDUI7 FOR THE 5 Droji EIR Metro East Mixed U.se Zone Overlav Project in the City of :Santa Ana CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY MEMORANDUM To: Honorable Mayor and Councilmembers ;t+roni: Joseph W. Fletcher, City Attorney gate: April 23, 2007 Re: Settlement Agreement -Tustin Metro East =s_: City Manager, Asst. City Manager, Planning Director am pleased to report that we have reached agreement with the City of Tustin on settlement of their objections to the Metro East EIR. The final settlement, attached to this memo, calls for Tustin to agree to forego any challenge to the Metro East EIR [and therefore the Cabrillo Towers Project] in exchange for Santa Ana's agreement to extend the Santa Ana -Tustin TSLA Joint Powers Agreement in the Metro East area. The TSIA fees will be used to conduct supplemental traffic studies in Tustin to determine if the I ong-term buildout of the Metro East Plan will have any unforeseen impacts. If:so, we will use traffic fees from Metro East to pay Santa Ana's fair share of those impacts. The TSIA JPA board will approve the final scope of the studies and the specific improvements. Tustin and Santa Ana expect to complete those studies in less than six months. In the meantime, Santa Ana has agreed not to approve any other Metro East projects utilizing the Metro East EIR. According to Planning, there is only one project in the entitlement pipeline which is far enough away from approval to avoid any problems. THIS DOCUMENT IS CONFIDENTIAL AND SUBJECT TO T HE ATTORNEY CLIENT AND/OR ATTORNEY WORK PRODUCT PRIVILEGES. DISCLOSURE OF THIS DOCUMENT OR THE CONTENTS THEREOF MAY BE A VIOLATION OF LAW. [/ATE, OKITSU & ASSOC r, 55 +145?35534 PAGE 02 M�,,, KOA� CORPORATION 4 PLANNING & FNGINFERING November 20, 2007 Mr. George Alvarez, P.E. City Engineer City of Santa Ana — Public Works Agency 20 Civic Center Plaza M-21 Santa Ana, CA 92702 17852 E, Seventeenth St., Suite 102 Tustin, CA 92780 t:714.573.0317 f:714.573.9534 www, koac o rpo ra ti on. corn Subject: EXTRA WORK PROPOSAL to Draft EIR Metro East Mixed Use Overlay Zone in the City of Santa Ana (Addendum ) in the City of Santa Ana Dear Mr. Alvarez: Katz, Okitsu & Associates (KOA) is pleased to provide engineering services to you for the work in the City of Santa Ana. You have requested additional services that were not in the original Scope of Services. We are most interested in performing the necessary services and submitting this proposal accordingly. This letter presents our cost estimate for the project and requests your written authorization. KOA will revise the traffic study addendum to collect traffic counts for several intersections that were not in the original analysis. KCIA will also analyze up to 10 of the study intersections in the City of Tustin using both the ICU and HCM methods as requested by the City of Tustin. A fee increase of $3,300 would be sufficient to cover these requests. The additional fee will increase the total budget from $16,500 to $19,800, Please contact me if you have any questions or if you require additional information regarding the subject project. If you concur with the terms of this proposal and authorize KOA to commence work, you may sign the appropriate line below and return it to our office. The proposal is valid for 90 days, Sincerely, Approved by: City of Santa Ana — Public Works ,agency Rock E. Miller, P.E. Principal Date G:'20071Ezrra Workn M-rRUAddendwn.Xwk].J.473077,DOC I_OS ANGELES OAKLAND ONTARIO ORANGE COUNTY SAN DIEGO ENVIRONMENTAL CONSULTANT SCOPE OF SERVICE AUTHORIZATION?,, We have reviewed the attached scope of service (proposal) dated May 14, 2008 by KOA Corporation. We do hereby authorize KOA Corporation to commence work as indicated within the terms and conditions of this scope of service (proposal), not to exceed $25,000. SCOPE OF WORK APPROVED �_-2-1-be JAYIREVINO Date Executive Director Planning and Building Agency RECOMME DED FOR AP P VAL DAMES. RO S Date Executive Director Public` Works Agency APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By. Laura Sheedy Assistant City Attorney KOA CORPORATION �' FiF�.NhIINI= � cNC�IIJEEkI!VG May 14, 2008 Mr. Jay Trevino City of Santa Ana — Public Works Agency 20 Civic Center Plaza M-21 Santa Ana, California 92702 1 120 Wet La Veta Avenue. Suite 660 Orange•, CA 92868 719.573.0317 f- 719.573.9534 www.koaCorporatioil. coin Subject: EXTRA WORK PROPOSAL for the Addendum for the Draft EIR Metro East Mixed Use Overlay Zone in the City of Santa Ana Dear Mr. Trevino: KOA Corporation (KOA) is pleased to provide engineering services to you for the work in the City of Santa Ana. The City has requested additional services that were not in the original Scope of Services. We are most interested in performing the necessary services and submitting this proposal accordingly. This letter presents our cost estimate for the project and requests your written authorization. KOA will prepare the following: ■ Analysis of additional arterial intersections and street segments per the City of Tustin request, specifically within the Old Town Tustin area: A Street, C Street, and Prospect Street south of I-, Street. Intersections to be analyzed include the intersections of Ist Street and Main Street with A Street, C Street, and Prospect Street. ■ Analysis of Irvine Boulevard/4th Street between Tustin Avenue and Yorba Street using Synchro and SimTraffic traffic simulations has been requested to verify cause of traffic congestion and delay and to verify benefits of proposed mitigation measures. ■ Analysis of 1761 Street between Tustin Avenue and Yorba Street using Synchro and SimTraffic traffic simulations has been requested to verify cause of traffic congestion and delay and to verify benefits of proposed mitigation measures. ■ The report will be modified to include graphics showing traffic conditions before improvements and traffic conditions after improvements on Irvine Boulevard and 17th Street. ■ Additional meetings have been requested to demonstrate SimTraffic simulations to City of Santa Ana and City of Tustin staff (3 meetings). The additional work will require a fee increase of $8,500. This will increase the total budget from $16,500 to $25,000. LGSArJGELES OAKLAND ONTARIO COUNTY' SAhi GIE'.GG KOA CORPORATION PLANNING E ENGINEERING Please contact me if you have any questions or if you require additional information regarding the subject project. If you concur with the terms of this proposal and authorize KOA to commence work, you may sign the appropriate line below and return it to our office. The proposal is valid for 90 days. Sincerely, k�-� Allllcze�- Rock E. Miller, P.E. Principal G:�20081Exrra WorkIS.A-TU MEMUAddendani.Xwk.JA73077.DOC Approved by: City of Santa Ana Signed Date PcKOA CORPORATION PLANNING & ENGINEERING November 19, 2008 Mr. Jay Trevino & Mr. Jim Ross City of Santa Ana — Public Works Agency 20 Civic Center Plaza M-21 Santa Ana, California 92702 1120 West La Veta Avenue. Suite 660 Orange. CA 92868 t 714.573.0317 f: 714.573.9534 www.koacorpor;ation.com Subject: EXTRA WORK PROPOSAL for the Addendum for the Draft EIR Metro East Mixed Use Overlay Zone in the City of Santa Ana Dear Mr. Trevino and Mr. Ross: KOA Corporation (KOA) is pleased to provide engineering services to you for the work in the City of Santa Ana. The City has requested additional services that were not in the original Scope of Services. We are most interested in performing the necessary services and submitting this proposal accordingly. This letter presents our cost estimate for the project and requests your written authorization. KOA will prepare the following: ■ Additional field review of study intersections for which City of Tustin consultant recommended changes in Synchro model lane geometry. ■ Revise Synchro model signal timing to match non-standard signal timing parameters specified by City of Tustin consultant ■ Report revisions required for Level of Service tables due to changes in Synchro signal timing parameters. ■ Evaluation of the change from the .03 to .01 levels of significance for all impacted intersections. ■ A "Traffic Calming Tools" section will be added to the report ■ A "Neighborhood Traffic Calming" category and fair share analysis will be added to the fair share cost estimate. i The report will recommend a traffic calming program for systematic mitigation of impacts in the City of Tustin. ■ Attend two (2) additional meetings. LOSANGELES OAKLAND ONTARIO ORANGE COUNTY SAN DIEGO FPKOACORPORATION PLANNING & ENGINEERING The additional work will require a fee increase of $8,750. This will increase the total budget from $25,000 to $33,750. Please contact me if you have any questions or if you require additional information regarding the subject project. If you concur with the terms of this proposal and authorize KOA to commence work, you may sign the appropriate line below and return it to our office. The proposal is valid for 90 days. Sincerely, Recommended By: City of to Ana Rock E. Miller, P.E. Principal gned Date GA2008\Extra Work\SA-TU_MEMUAddendum Xwk JA73077-2.D Approved By: City of Santa Ana o10 igned Date