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HomeMy WebLinkAboutLSA ASSOCIATES, INC. 2City of Santa Ana a� Clerk of the Council AGREEMENT TERMINATION 2 PH Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). N .A A Call 647-5237 if you have any questions. CLER6U,L The agreement with 10111071 MOW and final payment has been made. Department: Phone/Ext.: I'7 Signature: Date:' �9'+ Revised 07-23 07 A-2007-162 INSURANCE NOT ON FILE WORK MAY NE PROCEED CLERK OF COUNCIL CONSULTANT AGREEMENT DATEAUG 2 9 20Q7 0%P16A W Tonic Z. THIS AGREEMENT, made and entered into this 181h day of June, 2007 by and between LSA, ASSOCIATES INC., 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: 1. 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 project budget approved by the Executive Director as set forth in Section 1, above, which shall be based on 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 furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. 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. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Consultant: LSA ASSOCIATES, INC. 20 Executive Park, Suite 200 Irving, California 92614-4731 Telefacsimile: (949) 553-8076 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of 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. PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Atto ey By: Laura Sheedy Assistant City Attorney CITY OF S TA ANA DAVID N. REAM City Manager LSA ASSOCIATES, INC. .,�.; a� Tax ID# 4-7Z34 16 /`i � LSA 1 IMay 21, 2007 LSA ASSOCIATES, INC. BERKELEY RIVERSIDE 20 EXECUTIVE PARE, SUITE 200 949.553•o666 TEL PT. RICHMOND ROCKLIN IRVINE, CALIFORNIA 92614-4731 949.553.8076 FAX FT. COLLINS SAN LUIS OBISPO Pedro Guillen, Associate Planner City of Santa Ana Planning Division 20 Civic Center Plaza M-20 Santa Ana, CA 92701 Subject: City of Santa Ana On -call Environmental Review Services Prequalified Consultant List Dear Mr. Guillen: On behalf of LSA Associates, Inc. (LSA), I am pleased to respond to the of City of Santa Ana's (City) request for proposals for placement on the City's prequalified list of environmental consultants to prepare Environmental Review Services. Preparation and review of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents has been LSA's core service since the founding of the firm in 1976. LSA staff has prepared thousands of environmental documents for clients throughout California and would consider it a privilege to assist the City in preparing and reviewing environmental documents for its future projects. LSA would offer the City a strong team of talented and experienced individuals with the knowledge and enthusiasm to provide the specialized services necessary to ensure the successful completion of all projects assigned by the City. LSA has staff experts in CEQA and NEPA regulations and requirements, acoustical and air quality analyses, natural resources impact assessment and restoration, cultural resource surveys, community planning, and circulation impact assessment. LSA has assembled and organized a highly qualified team to effectively address environmental documentation needs in a timely manner as it is received. We have included a subconsultant, Mission Geoscience, on the team to complete geotechnical, hydrology, water quality, and mineral resources tasks. This will ensure that LSA can meet all of the City's needs. LSA has adequate qualified staff to complete multiple projects simultaneously or within a short period of time. As Principal in Charge, it will be my responsibility to evaluate each project as it is received; assign responsibilities; provide oversight; and manage the workload, schedule, and deliverable products. Thank you for this opportunity to submit this proposal. LSA looks forward to working with the City of Santa Ana. Should you require further information or have any questions on the enclosed material, please don't hesitate to contact me at (949) 553-0666 (telephone), (949) 553-8076 (fax), or rob.balen@lsa-assoc.com. TES, INC. 4Robert fBa Principal Attachments: Statement of Qualifications (3 copies) 05/21/07 <<LAPR0P0SAL\ZZZ1384A1 - Santa Ana On -call Env Srvcskoverletterl.doc» - PLANNING I ENVIRONMENTAL SCIENCES I DESIGNXHIiT A LSA ASSOCIATES. INC. MAY 2007 FIRM/TEAM DESCRIPTION STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES INTRODUCTION LSA Associates, Inc. (LSA), is excited at the potential opportunity to work with the City of Santa Ana (City) to provide environmental review services for a variety of City projects on an on -call basis. Preparation and review of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents has been an LSA core service since the founding of the firm in 1976.Over the years, LSA has expanded the services offered to include virtually all environmental planning -related services to provide a "one stop" firm to complete all technical studies in support of CEQA and NEPA documentation. LSA provides professional services in the following disciplines: Environmental Analysis, Biology and Wetlands, Habitat Restoration, Resource Planning and Management, Urban Design, Community and Land Use Planning, Geographic Information Systems (GIS), Transportation, Cultural and Paleontological Resources, Noise, and Air Quality. This Statement of Qualifications provides detailed information on these services and projects worked on by the LSA Team. COMPANY BACKGROUND LSA is a diversified environmental, transportation, and community planning firm that evolved from a small consulting firm formed by Larry Seeman in 1976, then called Larry Seeman Associates. In 1985, LSA formed an employee stock ownership program and is now a 100 percent employee -owned company. Since its founding, LSA has advanced from a small firm of a few biologists, archaeologists, and environmental analysts to a full -service environmental consulting firm with- 10 offices in California. Currently, LSA employs more than 250 full-time employees. LSA assigns skilled professionals (many are recognized experts in their fields) to provide the required consultant services. All projects are overseen by a Principal in Charge throughout the life of the contract to ensure a high level of expertise and quality control. To ensure that our quality control program is implemented, and all substantial work products are reviewed at the Principal level. As part of this Principal oversight, LSA utilizes MS Project scheduling and cost control measures to monitor contracts from award to completion. LSA has a proven track record in project management and preparation of planning and environmental documents involving challenging technical, political, and community issues. LSA MISSION STATEMENT Our mission is to provide services in the environmental disciplines to public and private clients who have the ability and capacity to affect the existing physical environment. The leadership of the firm is '— L:TR0P0SAL\zzz1384A1 - Santa Ana On -call Env Srvcs\Proposa1.doc «05/18/07» E n .1 LSA ASSOCIATES, INC. MAY 2007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES provided by its Principals. They maintain substantive involvement with projects as a means of assuring high -quality products and balanced professional consultation. Our clients select LSA because we provide them with the following: • Expertise and experience • Integrity and trust • Service and responsiveness EMPLOYEE OWNED The foundation of LSA's success lies in its ownership; we are 100 percent owned by our employees. Each employee owner has a personal stake in the success of the clients we serve. LSA realizes clients do not hire companies, they hire people. The LSA staff is a diverse group of highly skilled professionals, many of whom are recognized experts in their fields. The long tenure of LSA Principals (15 years average) and other staff (6 years average) is unrivaled in the industry. As a result, our clients feel comfort in knowing they are in the hands of a stable company that will follow through on their projects. Below we present the specific capabilities of the LSA disciplines that would provide services in support of projects assigned by the City of Santa Ana. Environmental Planning has been the cornerstone of LSA's professional practice and continues to be one of the firm's key practice areas. LSA's environmental staff includes expert practitioners of CEQA and NEPA and has prepared hundreds of Environmental Impact Reports (EIRs) and Environmental Impact Statements (EISs). LSA's multidisciplinary project teams are assembled to fit the specific needs of each client and project. LSA often provides recommendations on project design refinements and creative alternatives to avoid or reduce significant impacts. We provide documentation required to help regulators make informed decisions and to protect the project from litigation. Working with specialists across disciplines, LSA's environmental planners offer deep knowledge of science and regulations, solid problem -solving skills, and well-rounded solutions. Our balanced approach has earned LSA a reputation for thorough, credible, and objective reports. Our Natural Resources staff is known for its outstanding expertise in evaluation, management, and restoration of biological resources. Our staff of scientists prepares biological resource inventories, constraints analyses, and impact assessments. LSA's extensive experience in wetlands analysis, special status species evaluation, and environmental permitting is respected by both clients and regulatory agency staff. LSA designs habitat restoration plans and mitigation banks, implements and monitors revegetation programs, and facilitates successful completion of permitting assignments. Extensive use of GIS and global positioning system (GPS) has become a regular part of our work. LAPROPOSALIZZZ1384A1 - Santa Ana On -call Env Srvcs\Proposal.doc «05/18/07» 2 IL 0- LSA ASSOCIATES. INC. MAY 2007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES In Noise and Air Quality, LSA offers complete assessment modeling and monitoring of noise/air quality impacts for residential, commercial, and industrial development; General Plan/Specific Plan studies; and transportation projects. These services include modeling of construction and operational emissions with mobile and stationary sources. LSA's Transportation staff offers comprehensive planning and engineering services for all aspects of development and transportation projects. Our services include preparation of traffic impact assessment reports, modeling for regional transportation networks, identifying roadway funding and cost -sharing opportunities, and assessing traffic and parking conditions. LSA's Cultural Resources staff provides field surveys, testing, laboratory services, resource evaluation, and historical assessments. When required to offset significant impacts, we will develop cost -sensitive and practical mitigation for cultural resource protection and preservation. LSA's Geographic Information Systems staff utilizes up-to-date technology to map and analyze environmental data and information. We apply GPS technology to locate resources and geographic reference points for surveys. Spatial data are used to generate digital maps and aerial photographic overlays to facilitate project planning, augment environmental impact assessments, and enhance public presentations. LSA's Graphics staff is critical to our success, presenting complex information in visually appealing presentations. Accurate and clear mapping, visual simulations, shade/shadow analyses, and photography are essential components of our presentation of environmental analyses and planning projects. ' SUBCONSULTANT SERVICES Mission Geoscience (Mission) has been added to the project team to address probable project technical needs. Mission, founded in 1991, brings professional management, technical expertise, and a wide range of project experience together to provide innovative solutions to environmental, water resources, geotechnical, geophysical, mining, and litigation support/expert witness needs facing our clients. Through our synergistic approach of combining experts from several disciplines, Mission professional staff are able to provide multi -faceted solutions for our client's technical and legal challenges. Unlike more traditional consultants, the principals of Mission take an active role in all projects conducted by the firm. This ensures the highest possible professional standard for services we provide. Mission's team is multidisciplinary and consists of licensed Engineering Geologists, Engineers, Hydrogeologists, Geophysicists, Geochemists, Hydrologists, Seismologists, Toxicologists, and Industrial Hygienists. Our professional staff provides a wide variety of credentialed and experienced consulting services for both private clients and local, State, and federal governmental agencies. LAPROPOSAUZZZ1384A1 - Santa Ana On -call Env SrvcsTroposal.doc <�05/18/07» LSA ASSOCIATES. INC. MAY 2007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES WORK APPROACH PROJECT UN DERSTANDING NDERSTANDING AND APPROACH At LSA, we understand that an on -call assignment requires an "on -call" obligation. The team must act quickly; it must be responsive, knowledgeable, ready to use its experience for myriad possible requests, and be solution oriented. Our experience has led us to one common denominator when working under an on -call services contract: constant, clear, productive communication. If selected for this contract, LSA will be responsive and efficient, with frequent and purposeful communication with County staff. Since this assignment is for on -call services to be performed on a task order basis, a specific work plan cannot be presented at this time. However, this section presents LSA's general approach to this contract. It would be essential that there be a clear understanding between City staff and the LSA Team regarding each assignment's goals and objectives. The appropriate lines of communication and reporting will be established to assure that the work progresses on schedule as planned. LSA's basic management plan for each task order is to provide a well-defined budget, schedule, scope of work, staffing, progress reporting, and quality control procedures based on LSA's Quality Control Plan. This work plan will ensure that a proactive approach to project management is provided to City staff. Our goal is to function as an extension of City staff throughout the duration of the contract. We will work with the City to establish the best possible staffing arrangements for each task order. It should be noted that the only persons, companies, or parties interested in this proposal as principals are named therein; that this proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that this is in all respects fair and in good faith without collusion or fraud; and that the signer of this proposal has full authority to bind the principal proposer. WORKING RE LATIONSHIPS LSA's project management approach is to assign responsibility for the delivery of a quality project on time and within budget to the Project Manager. Mr. Rob Balen, LSA's Principal in Charge/Project Manager, will have total responsibility for maintaining an effective working relationship with the City and maintaining the technical performance of all team members throughout the life of this consulting engagement. Mr. Balen will ensure that the City is kept informed of all significant project information on a timely basis throughout the life of this assignment by way of informal and formal reporting via e-mail or phone conversations. TEAM ORGANIZATION As shown later in this proposal, the LSA Team members' expertise covers a broad spectrum of environmental disciplines. Our management team is set up with Mr. Balen as the overall Project Manager and primary point of contact and five senior staff available to function_ as Task Managers. Mr. Balen will be responsible for quality assurance and will ensure that LSA's Quality Control Plan LAPROPOSA=1384A1 - Santa Ana On -call Env SrvcsTroposal.doc <<05/18/07» 4 LSA ASSOCIATES, INC. MAY 2007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES is implemented on all aspects of this contract. LSA's depth of staffing resources beyond this core project team will enable us to respond to any number of task orders that may be requested over the 3-year period of the contract. GENERAL APPROACH LSA's approach to successful environmental project delivery involves organizing the project team and the tasks to achieve the following objectives: • Work in coordination with the City staff to minimize project environmental impacts to the maximum extent practicable to reduce project mitigation costs and streamline environmental approvals. • Ensure that all procedural steps required by CEQA (and NEPA, if required) are met, and that all applicable guidances are followed. • Incorporate early involvement of and coordination with State and federal regulatory and resource agencies to resolve issues and confirm assessment methodologies. • Maximize use of existing information to limit the need for new or supplemental studies. As identified in the Request for Proposal (RFP), specific task orders are not known at this time, but a range of potential environmental documents is anticipated. These environmental documents range from Initial Studies (IS), to Negative Declarations (ND), to MRS and various technical studies. The timetable for these types of environmental documents are wide-ranging, depending on the public review, outreach, and political climate as they relate to the proposed project. STAFFING LSA's Irvine location maintains an environmental staff of three Principals, two Associates, six Senior Environmental Planners, and six Assistant Environmental Planners. Teams are formed using key staff at various levels with the skill sets necessary to successfully complete any assignment. Availability of staff ranges from Principal (Rob Balen or Mike Amling) 15-20 percent to Senior Environmental Planner (Nicole Dubois) 20-30 percent depending on the project requirements and schedule. The bottom line is that LSA will allocate staff resources to accomplish the City's schedule on any assignment given to us. Considerable time can be saved in preparing environmental documents if the project planners and engineers work closely with the environmental planners. The time savings comes with simultaneous conceptual engineering/planning and preparation of the environmental document. This also allows for the environmental planners to influence the design of a given project to potentially reduce environmental impacts. Integration of resource avoidance and impact minimization measures early in the design process can help streamline the environmental review process as well as reduce project mitigation costs. We will use our prior experience in developing mitigation plans and programs to assist the City in defining reasonable, feasible, and cost, -effective mitigation measures. LAPR0P0SAL\ZZZ1384A1 - Santa Ana On -call Env Srvcs\Proposal.doc <<05/18/07» I LSA ASSOCIATES, INC. STATEMENT OF QUALIFICATIONS MAY 2007 TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES PROJECT MANAGEMENT/QUALITY CONTROL APPROACH While we pride ourselves on our technical document preparation skills, we believe that the most important aspect of our overall services is our project management skills. Rob Balen, the Principal in Charge and Project Manager assigned to this project, provides the City with 26 years of experience in preparing and processing environmental documents, including 5 years working in Santa Ana's Planning Division in the early 1980s. Our track record of producing quality products, meeting demanding schedules, and our reputation with past and current clients provide the best indication of success in meeting the City's need for on -call environmental services. L.\PR0P0SAL\=1384A1 - Santa Ana On -call Env SmsTroposal.doc u05/18/07» 6 J LSA ASSOCIATES, INC. MAY 4007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES QUALIFICATIONS OF KEY PERSONNEL LSA ASSOCIATES, INC, is proud to submit the qualifications of one of the top consultant teams available for port water -side and land -side environmental services. Preparation and review of CEQA and NEPA documents has been LSA's core service since the founding of the firm in 1976. Over the years, LSA has expanded the services offered to include virtually all environmental planning -related services to provide a "one -stop" firm to complete most technical studies in support of CEQA and NEPA documentation. LSA provides professional services in the following disciplines: Environmental Analysis, Biology and Wetlands, Habitat Restoration, Resource Planning and Management, Urban Design, Community and Land Use Planning, Geographic Information Systems (GIS), Transportation, Cultural and Paleontological Resources, Noise, and Air Quality. LSA offers the City of Santa Ana a strong team of talented and experienced individuals to provide the specialized services necessary for environmental clearance. Below are brief profiles of LSA's key team members who will be assigned to the City projects, all of whom are located in LSA's Irvine office. An organization chart is presented on the following page. Our depth of staffing resources beyond this core project team will enable us to respond to any number of task orders that may be requested over the duration of the contract. It is our intent that these individuals will remain assigned to the City on -call environmental review services contract for the duration of each project and will not be replaced without written notification to the City of Santa Ana. Full resumes are presented in Appendix A. PRINCIPAL IN CHARGE/OVERALL PROJECT MANAGER Robert Balen will serve as the Principal in Charge and Overall Project Manager of projects for the City. Operating out of LSA's Irvine office, Mr. Balen will have contract oversight for City projects and will be responsible for ensuring contract compliance and implementation of LSA's quality control program. Mr. Balen has been with LSA for 21 years and brings 30 years of professional environmental planning experience to the City. Mr. Balen oversees CEQA and NEPA document preparation. He has successfully managed environmental documents for a full range of controversial large-scale project EIRs and small project Negative Declarations and Categorical Exemptions. Mr. Balen served in this role on the Santa Ana College EIR, all Long Beach projects, the Dana Point Headlands EIR, the Burbank Empire Center/Lockheed B-1 Site Redevelopment project EIR, two NBC Studios EIR Addenda, and the balance of commercial development project environmental documents highlighted in this submittal. Mr. Balen is a California Certified Mediator. L ArxUVUSALVZZ1384A1 -Santa Ana On -call Env SrvcsTroposal.doc a05/18/M 14 AAAAAAAA Transportation Projects MICHAEL AMLING L S A LSA ASSOCIATES, INC. General/ Environmental USA WILLIAMS NICOLE WEST NICOLE DUBOIS PRINCIPAL IN CHARGE/ OVERALL PROJECT MANAGER 1 Technical Support Staff Air Quality/ Noise TONY CHUNG, PH.D. Cultural & Paleontological Resources STEVE CONKLING Subconsultant 1 Mission Geoscience JAMES R. ASHBY, JR. - GEOLOGY ERIC HENDRIX — HYDROLOGY DA RONAL O LMERO - GEOLOGY SUMAN GHOSH, PH. D. — HYDROLOGY JOHN JAY ROBERTS - GEOLOGY Biological Resources ART HOMRIGHAUSEN Traffic Studies KEN WILHELM City of Santa Ana As -Needed Environmental Services Project Organizational Chart LSA ASSOCIATES, INC. MAY 2007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES CEQA ENVIRONMENTAL DOCUMENTATION Senior Environmental Planner Nicole Dubois contributes to project planning for large land use proposals and development projects. Her responsibilities include research and preparation of environmental documents pursuant to CEQA and NEPA. Her recent projects include the Orange County Fair and Exposition Center Master Plan, Santa Ana College Master Plan, Santiago Canyon College Master Plan, the Long Beach Sports Park, and Long Beach Home Depot. Lisa Williams, Senior Environmental Specialist, is a Registered Environmental Health Specialist and a Registered Environmental Assessor I with more than 15 years of experience involving project management and expertise related to hazardous waste and water quality issues. In addition to redevelopment projects, her project management experience includes infrastructure, new residential, and commercial and school projects. Ms. Williams' technical experience includes Phase I Environmental Site Assessments, Soil and Groundwater Investigations, Water Quality Assessments Reports, and National Pollutant Discharge Elimination System (NPDES) Permit Compliance. Environmental Engineer Nicole West assists in the preparation of environmental assessments with a focus on water quality. She has participated in all aspects of Environmental Engineering in water and wastewater with an emphasis in Ecological Engineering (i.e., constructing treatment wetlands, reservoir management, river restoration). Ms. West possesses applied experience in both fisheries (Sacramento Delta) and pesticides/weed management. TASK MANAGERS The following key LSA staff will serve as Task Managers responsible for conducting quality control/peer review (as needed), technical evaluations, and preparation of technical reports. AIR QUALITY AND NOISE ANALYSES Dr. Tony Chung, Principal and Director of Acoustical/Air Quality Services, will serve as Task Manager for Air and Noise Studies. Dr. Chung has over 16 years of experience in environmental studies, specializing in noise and air quality impact analyses. He is a Board -certified member of the Institute of Noise Control Engineering (INCE) and a certified acoustical consultant in Orange and San Diego Counties. Dr. Chung has conducted more than 400 noise impact analyses for highways/freeways, airports, railroads, landfills, industrial/manufacturing plants, schools, hospitals, and residential communities. Dr. Chung has conducted more than 100 air quality studies for highways/freeways, airports, seaports and bays, landfills, commercial and industrial developments, schools/universities, and residential communities in numerous air quality management/control districts throughout the State of California and the southwestern United States. BIOLOGICAL RESOURCES Art Homrighausen will oversee preparation of the biological resources analysis and permitting services. As Manager of the Natural Resources unit in LSA's Irvine office, Mr. Homrighausen directs a variety of biological studies and preparation of reports, including impact assessments, vegetation and wildlife surveys, riparian and coastal wetlands analyses, endangered species analyses, and L:\PROPOSAL\Z.ZZ1384A1 - Santa Ana On -call Env SrvcsTroposal.doc «05/18/07» 16 LSA ASSOCIATES, INC. MAY 2007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES mitigation planning. He also works extensively with planning and regulatory agencies to secure various approvals and permits, including subdivision approvals, CUPS, Sections 1601-1603 and Section 404 authorizations, endangered species authorizations, and CDPs. Mr. Homrighausen has considerable experience with the Central/Coastal Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP). Mr. Homrighausen has extensive knowledge and experience in ecological studies, surveys, wetlands analysis, mitigation planning, and CEQA/NEPA documentation. In addition, Mr. Homrighausen successfully processed Section 7 consultations or Section 4(d) authorizations (pursuant to the federal Endangered Species Act) for the threatened California gnatcatcher on dozens of projects in Southern California. CULTURAL AND PALEONTOLOGICAL RESOURCES Steve Conkling is an LSA Principal and Director of the Cultural and Paleontological Resources Management Group for LSA's Irvine office. Mr. Conkling has over 20 years of field experience in cultural and paleontological resource management, the last 13 of which were with LSA. As manager, Mr. Conkling's responsibilities include directing archaeological field activities and coordinating Section 106 compliance with the United States Army Corps of Engineers (Corps). He reviews all cultural resources reports and conducts paleontological resource evaluations for EIRs, including field surveys, literature reviews, and development of mitigation measures. Mr. Conkling also directs field monitoring and salvage operations. Mr. Conkling has conducted many cultural and paleontological resource evaluation studies and supervised cultural and paleontological salvage operations throughout California. TRANSPORTATION PROJECTS Michael Amling is a Principal in the Environmental Planning Unit and Manager of the GIS Group in Irvine. Mr. Amling will serve as leader of environmental documents for transportation projects. Mr. Amling has 17 years in the environmental and urban planning profession and 10 years with LSA. Mr. Amling is widely recognized for his management of environmental documents on numerous Orange County transportation projects. Recent projects include the Orange County Gateway EIS/EIR for the City of Placentia; Orange County CenterLine EIS/EIR for the Orange County Transportation Authority (OCTA); and West Orange County Project Definition Study. Mr. Amling's experience includes project management, environmental impact assessment, policy analysis, and site planning. He has researched and written technical sections in environmental documents, General Plans, Specific Plans, and urban design programs. His expertise in technical environmental issues includes land use consistency, air quality, noise, aesthetics, light and glare, and public services and utilities. His background and expertise in policy and urban planning analyses include preparation and analysis of General Plans and Speck Plans and preparation of open space, recreation, and urban design programs. idLAPROPOSAUZZZ1384A1 - Santa Ana On -call Env Srvcs\Proposal.doc <<05/18/07» 17 ■ LSA ASSOCIATES, INC. MAY 2007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES TRAFFIC STUDIES Tony Petros, Principal and Manager of the Transportation Group, has been with LSA for 20 years. Mr. Petros will be responsible for traffic and circulation technical analysis issues for projects with the City of Santa Ana. Mr. Petros' primary responsibilities at LSA include managing transportation engineering services, reviewing comprehensive traffic and parking studies, and assisting in the preparation of environmental documents. Mr. Petros has conducted traffic studies throughout the State of California, applying the Caltrans Traffic Manual, Highway Design Manual, and Project Development Process guidelines and requirements. He has developed numerous traffic and parking management plans for both public and private projects. Mr. Petros has expertise in large-scale transportation projects and operational analysis. He also specializes in coordinating transportation projects with municipal agency administrators. Mr. Petros has managed the traffic and circulation tasks of various State highway projects using advanced analytical methodologies to assess freeway mainline operations, ramp merge/diverge, weaving sections, ramp metering, and ramp/terminal operations. In addition, Mr. Petros has a working knowledge of transit -oriented developments and their relationship to redevelopment projects. L:\PROPOSAL\ZZZ1384A1 - Santa Ana On -call Env Sms\Proposai.doc «05/18/07» 18 77 LLSA ASSOCIATES, INC. MAY 2007 Planner Planner Planner STATEMENT OF TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVIOCES LSA HOURLY BILLING RATES EFFECTIVE AUGUST 2006 Job Classification Environmental Principal Transportation Air/Noise Cultural Resources Associate Princi al Associate Princi al A ssociate Princi al G; Princi alAssociate Environmental Senior Transportation Senior Air Quality/ Senior CulturalPlanner 7P- Associateenior Noise Specialist Resources Manager otanist/ / Senior GIPlanner/Engineer Specialistcoogst/Soil Scientist/ 1ransportanon Air Quali Planner/Engineer Specialist Assistant Assistant Transportation Air Qua Environmental Planner Planner/Engineer Analyst Cultural Resources Biologist/Botanist/Wildlife GIs Spec Manager Biologist/Ecologist/Soil Scientist/Herpetologist/ Arborist Cultural Resources Assistant Biologist/ Assistant Analyst Botanist/Wildlife Biologist/ Specialist Ecologist/Soil Scientist/ XThe hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $250 per hour regardless of job classifications. W L:\PROPOSAL\ZZZ1384A1- Santa Ana On -call Env Srvcs\Proposal.doc «05/18/07» Hourly Rate $75-175 25 5 W LSA ASSOCIATES. INC. MAY 2007 STATEMENT OF QUALIFICATIONS TO PROVIDE ON -CALL ENVIRONMENTAL REVIEW SERVICES LSA IN-HOUSE DIRECT EXPENSES Unit Cost Re reduction � Color Re roduction (8.5 x 11) 1 $0.0 er a e $1.0 er Color Re roduction (11 x 17) a e $3.00 er Milea e a e $0.485 er mile $0.635 er mile $1.00 er a e on k(developing $5.00 er CD $5.00 er linear ft. $0.20 per s ft. in billed separately as a direct cost) . $5.00 per roll Disposable camera and film. (developing billed se aratel as a direct cost) $10.00 per camera of Specialized Data Bases $100.00 inquiry nit$100.00 per er daPhotos $200.00 per photo LAPROPOSAL1ZZz1384A1 - Santa Ana On -call Env Srvcs\Proposal.doc <<05/18/07» 21 MISSIOM +G EOSCI,I=IVCF, INC ENWROMMENTAL & GEOTECHNfCAL CONSULTANTS® 2082 MICHELSON DRIVE - SUiTE 400 - IRViNE, CALIFORNIA 92612 TEL: (949) 955-9086 - FAX: (949) 955-908B FEE SCHEDULE PROFESSIONAL CONSULTING SERVICES Staff Classification Hourly Rate Principal $195 Associate 180 Senior 158 Project 145 Senior Staff 138 Staff 108 Technical Illustrator 78 Technician 67 Word Processing 60 Secretarial Services 52 Expert Deposition and Testimony Rates for professional services of senior level personnel during the review of documents for litigation support will be charged in accordance with the above hourly rates. Depositions, presentations, and expert testimony will be charged at $400 per hour for all MISSION professionals, with a 4 hour minimum per appearance. Direct Costs / Contractors / Outside Services Direct costs, equipment, and contractors such as the rental of drilling rigs and other heavy equipment, and Outside Services such as laboratory testing not provided by MISSION's staff professionals shall be invoiced at our cost, plus 20%. Travel and Related Direct Costs Projects which necessitate that our staff travel to and from a project location shall be invoiced in accordance with the above hourly rates, plus mileage. Travel to locations greater than 100 miles from our nearest office overnight, shall be invoiced at MISSION's cost, plus 20 %. Mileage is reimbursed at the current tax-deductible rate, plus 20 %. Fee Schedule 2007.doc Mission Geoscience, Inc. 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 Client#: 652 I RAeCCnrI9 ACORD- CERTIFICATE OF LIABILITY INSURANCE ' 8 51'07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 T I 9 00`7 — / 602 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 465-3090 INSURERS AFFORDING COVERAGE NAIC # INSURED LSA Associates, Inc. INSURER A: Greenwich Insurance Company INSURER B: American Automobile Ins. Co. 20 Executive Park, Suite 200, INSURER c: Hartford Fire Ins. Co. Irvine, CA 92614 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DDN NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMfDDfYYI POLICY EXPIRATION DATE fMMIDDrCn LIMITS A GENERAL LIABILITY GECO01940401 09/30/06 09/30/07 EACH OCCURRENCE $1,000,000 MCOM MERCIAL GENERAL LIABILITY CLAIMS MADE 51OCCUR General Liabnce Excludes Claims DAMAGE TO RENTED $300 000 MED EXP (Any one person) $rj 000 PERSONAL & ADV INJURY $1,000,000 Arising Out Of GENERAL AGGREGATE s2,000.000 The Performance GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2.000.000 Of Professional X POLICY JEC7 LOC Services C. AUTOMOBILE LIABILITY ANY AUTO 57UUNIF1488 09/30/06 09/30/07 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND WZP80944142 09/30/06 09/30/07 X WC STATU. OTH- FR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 SPECIAL PROVISIONS below A OTHER Professional PECO01275804 09/30/06 09/30/07 $2,000,000 per claim Liability $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: On -Call Services for the City of Santa Ana. See attachment. - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL jtjC9tMAIL -'A0_ DAYS WRITTEN Attn: Tonia Zerba NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AJQt]t9t IC 20 Civic Center Plaza M-20 xee�1>:xasxnlnxmxxlen xxnettwtxelcmtxAxo�p[ecxx P.O. Box 1988 xwxlleeJaxxe�l►xeta Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ^, wmU L.7ILVV I/Vol 'I of 1 VM173188 CCB 0 ACORD CORPORATION 1988 POLICY NUMBER: GECO01940401 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): Location(s) Of Covered Operations City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza M-20 P.O. Box 1988 Santa Ana, CA 92702 Schedule Cont.: City of Santa Ana, Its Officers, Employees, Agents, Volunteers and Representatives Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A B Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrator engaged in performing operations for a principal as a part of the same project. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM POLICY NUMBER: GECO01940401 GOMMtKGIAL UhNLKAL LIAMILI I T POLICY NUMBER: GECO01940401 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR (Continued from page 1.) ORGANIZATION WRITTEN NOTICE WILL BE SENT TO THE ABOVE. Client#: 652 LSAASSOCII "700 %` W ACORD,M CERTIFICATE OF LIABILITY INSURANCE 8/15/07/DD/YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Oakland, CA 94604-2675 510 465-3090 INSURED LSA Associates, Inc. 20 Executive Park, Suite 200, Irvine, CA 92614 r6Ti11F1d-T1Td�9 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Greenwich Insurance Company INSURER B: American Automobile Ins. Co. INSURER c: Hartford Fire Ins. Co. INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE (MMIDDIYYI LIMITS A GENERAL LIABILITY MERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR NEC:` GECO01940401 General Liab Excludes Claims Arising Out Of The Performance Of Professional Services 09/30/06 09/30/07 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $300 Q00 MED EXP (Any one person) $5 00Q PERSONAL & ADV INJURY $I 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG s2,000,000 C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 57UUNIF1488 09/30/06 09/30/07 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO - C AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WZP80944142 09/30/06 09/30/07 X WC STALIMTU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A I OTHER Professional Liability - : I PECO01275804 09/30/06 I 09/30/07 $2,000,000 per claim $4,000,000 annl aggr. - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: On -Call Services for the City of Santa Ana. See attachment. r c nv�w=m City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza M-20 P.O. Box 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ItR7MARJtJt MAIL _.3.Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,"Jtg* N M9PMRXAJ0J bMA31ROt1FRXMILKXl01 "XxxwyA JQNXKRMUtIMUiA"RKNXXXXX REPRESENTATIVE AL,UKU Za ILUUT/Uu► 1 of 1 #M173188 CCB 0 ACORD CORPORATION 1988 ., POLICY NUMBER: GECO 0194 04 O1 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR (Continued from page 1.) ORGANIZATION WRITTEN NOTICE WILL BE SENT TO THE ABOVE. Q '7i7/17-1/17 \. r- t CERTIFICATE OF LIABII Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604.2675 510 465-3090 INSURED LSA Associates, Inc. 20 Executive Park, Suite 200, Irvine , CA 92614 LJAHJJVI.II — — DATE (MMIDDNY) LITY INSURANCE D9114167 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALTISO ERLDE RTHEHCOOR VERAGE AFFORDED BYCERTIFICATE DOESOTHE POLLIICIESTEND BELOW. INSURERS AFFORDING COVERAGE EINSURERrich American Ins. Co. erican Automobile Ins. C.O. rtford Fire Ins. Co. COVERAGES ANY MAY POLICIES. LTR A REQUIREMENTS TERM ORS CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN TYPE OF INSURANCE GENERALLIABILITY TO THE OF ANY CONTRACTDOR OTHER NDOCUME BY THE POLICIES DESCRIBED HEREIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY NUMBER GL09157444 TMWITH�RE IS SUBJECT EFFECTIVE D TE MIDD 09/30/07 PECOVE FOT TOEWHICH TO ALL THE TERMS, POLICY EXPIRATION DATE M D YTHIS IOCERTIIFCA CERTIFICATE MAY BE I DI ISSUED EXCLUSIONS AND CONDITIONS OF SUCH LIMITS 09130/08 EACH OCCURRENCE $1 000 000 FIRE DAMAGE(Any one fre) $100000 MEOEXP(AM -- Person) $5000 X COMMERCIAL GENERALLIABILITY CLAIMS MADE Fj] OCCUR PERSONAL BADV INJURY $1 OOO OOO GENERAL AGGREGATE $2 000 000 PRODUCTS-COMPIOP AGG $2 000 000 GENL AGGREGATE LIM ITAPPI.IES PER', X POLICY PRO LOC AUTOMOBILE LIABILITY 57UUNIF1488 09/30/07 109130108 COMBINED SINGLE LIMIT (Ea awident) $1,000,000 C X ANY AUTO ALL OWNED AUTOS (PeressonM)) I (Per Par $ SCHEDULED AUTOS X HIRED AUTOS r°V� BODILY INJURY (Per awdent) S X NON-OWNEDAUTOS 'q �3'" PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO j .:) AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ $ EXCESS UABIUTV OCCUR F7, CLAIMS MADE /- !Y ` EACH OCCURRENCE $ AGGREGATE $ $ 8 DEDUCTIBLE RETENTION $ WORXERSCOMPEN SATIONAND EMPLOYERS' LIABI WZP80954268 09130/07 09130108 WC STATU- OTH- X B E.L. EACH ACCIDENT $1,000,000 EL. Oi3EASE EA EMPL CYEE'$1_000,DDD �E L. DISEASE -POLICY LIMIT I $1,000,000 A OTHER Professional EOC916093500 09/30/07 09130/08 $2,000,000 per claim $4,000,000 annl aggr. !ability DESCRIPTION OF OPERATIONWLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Project: On -Call Services for the City of Santa Ana. See attachment. HOLDER ADDRIONALMSURED INSURERLETTER: CANCELLACERTIFICATE HOOD ANYOFTTH E ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 20 Civic Center Plaza M-2ION City of Santa Ana Attn: Tonic Zerba DATE THEREOF, THE ISSUING INSURER "WXWKXV$tRlx TO MAIL 311 DAYSWRIITEN NOPCE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,Jpu'(x�$BkR �grX0L0.tCRR%CDI P.O. Box 1988 AUTHORIZE REPRESENTATIVE Santa Ana, CA 92702 _ KNImN .........,.:,nu . eos JLN 9 ACORD ACORD 25S (7197)1 of 1 #M204203 POLICY NUMBER: GL09157444 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organziatlon(s): City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza M-20 P.O. Box 1988 Santa Ana, CA 92702 SCHEDULE Location(s) Of Covered Operations Schedule Cont.: City of Santa Ana, Its Officers, Employees, Agents, Volunteers and Representatives Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor orsubcontrator engaged in performing operations for a principal as a part of the same project. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTENLL CANCELLEDE SENT OFORTHE NON-PAYMENTCERTIFICATE OFHOLDER N THE PREMIUM, 10 DAYS Copyright, ISO Pro Properties, Inc., 2004 Page 1 of 1 CG 20 10 07 04p UNIFORM POLICY NUMBER: GL09157444 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED ORGANIZATION PERSON OR (Continued from page 1.) WRITTEN NOTICE WILL BE SENT TO THE ABOVE. Project Name City of Santa Ana Planning and Building Agency Environmental Consultant Authorization Form Minter Court (Prime Urban) Project Address (if applicable) 601 East Santa Ana Boulevard Consultant Name: LSA Associates, Inc. Agreement No. (if applicable): N/A Staff has carefully reviewed the proposal by the above -mentioned consultant dated 2/19/08. We do hereby authorize the above -mentioned consultant to commence work as indicated within the terms and conditions of this proposal. ® Amount of Contract: $29,800.00 ® Environmental Consultant Services Special Account Balance: $1,852,585.59 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. ® Funding Source ® Private (Developer) — Account No.: 98-01-3612 ❑ Public (City Agency) — Account No.: ® 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- men.LQned consultant firm (attach authorization letter from developer/applicant). Planner Date Planning Manager (J Date APPROVED AS O ForM Authorization 12 Jay Trevino, Executive Director, City of Santa Ana Planning & Building AgencyE3vuAi�lA KAUrMAN Name and Title City Attorney Sidnature Date m u rba q- February 25, 2008 Pedro Guillen 20 Civic Center Plaza Santa Ana, CA 92702 RE: Minter Court Environmental IS/MND LSA Proposal Dear Mr. Guillen: PrimeUrban is authorizing the City of Santa Ana to engage in a contract with LSA to prepare and process all of the CEQA documentation for an MND on our Minter Court development. PrimeUrban has reviewed the proposal and is looking forward to working with the City and LSA. If you should have any questions please contact Greg Olson at (714) 542-9412. Brian Lucas Principal I .'A I AI.. tip If, '5I 2ef,��i.IX ic i)i I . I'Ai , SU li i S A I N( AI:FURNIA '12f16 February 19, 2008 Mr. Pedro Guillen Associate Planner City of Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Via Fax and E-mail rit.I:NEt1:y ��P(),I' l I CUL INS L.VI.RSIllt. ;.t ,'I[l. t.,•, R I_.I A1) A— '. `: I'I:IrG` LC c. K L i N i1 �.,9.Mi71� 1'AX (,01.MA POINI RI(. i I M() NR SAN I.UIS ORI51'0 Subject: Revised Proposal to Prepare an Initial Study and Negative Declaration for the Minter Court Development Project Dear Mr. Guillen: LSA Associates, Inc. (LSA) is pleased to provide this revised proposal to the City of Santa Ana to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed General Plan Amendment (GPA), rezoning, Tentative Tract Map (TTM), and site plan review of property development at Minter Street and Santa Ana Boulevard. This proposal is based on our knowledge of the project area, our experience with similar projects, our understanding of the adaptive reuse of one of the structures, the overall project involving I 1 dwelling units, and your comments on the original proposal faxed to LSA on February 19, 2008. I will act as the Principal in Charge/Project Manager of this project. Project Understanding The City of Santa Ana will be evaluating a proposal to construct a courtyard complex of I I residential units and utilizing an existing commercial structure to construct two-story dwelling units utilizing the existing structure. This project would require the following discretionary actions: site plan approval for the project, a GPA, a Tentative Tract Map, and rezoning. The project involves demolition of existing structures that are older than 50 years old and remodeling of one structure older than 50 years old for adaptive reuse as residences. Surrounding land uses include primarily residential uses on both sides of Santa Ana Boulevard, a church on Minter Street, and limited commercial use along frontages of Santa Ana Boulevard. As such, sensitivity to the adjacent residential uses must be addressed in the environmental analysis. Our proposed scope of work, schedule, and budget are attached. Our proposal is based on direction from the RFP and LSA's preliminary finding that an MND will likely be the appropriate environmental document required by the California Environmental Quality Act (CEQA) to analyze the project's impacts. Should we determine through our work on the IS that an Environmental Impact Report (EIR) is required instead of an MND.. adjustment in the scope of work would be appropriate. LSA will independently review CEQA requirements in making the determination as to which level of documentation is needed and will make a recommendation to the City of Santa Ana after preparation 02/19/08 «,f L\ROSES\PILES\NEGDMMinter Santa Ana MND Proposal_doc» 11I.A NN I NG I L N VI 1, 0 NM E NIA I. S(:I [:N(: ES I ICI-:�],N LSA ASSOCIATES. INC. of the IS is complete. It is understood that the City has independent review authority of this matter. At this time. clearance under the federal National Environmental Policy Act (NEPA) is not anticipated. Therefore. the scope of work does not address NEPA documentation. Should you have any questions, please call me at (949) 553-0666. Thank you for the opportunity to assist you with this project. This Submittal is made in accordance with the requirements of the City through the RFP and the signed master contract between LSA and the City of Santa Ana. Sincerely, LSA ASSOCIATES, INC. Robert W. Balen Principal Attachments: A: Scope of Work, Schedule, and Budget B: Schedule of Standard Contract Provisions and Billing Rates 02/19/08 «H \ROBS\FILES\NEGDEC\Minter Santa Ana MND Proposal doe» LSA ASSOCIATES. INC. ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND BUDGET FEBRUARY 2008 H \ROBBTlLES\NEGDEC\Minter Santa Ana MND Proposal.doc «02/19/OSn LSA ASSOCIATES. INC. ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND BUDGET FEBRUARY 2008 TASK 1. ENVIRONMENTAL ISSUE IDENTIFICATION AND ANALYSIS Start-Up/Information Required LSA Associates, Inc. (LSA) will assemble all pertinent data provided by the City of Santa Ana for preparation of the Initial Study (IS).. as well as other appropriate informational documents prepared for projects in the vicinity. A Screencheck IS will be prepared for review by the City of Santa Ana team to evaluate potential impacts of the proposed project as required by the California Environmental Quality Act (CEQA). The IS/Mitigated Negative Declaration (MND) will be prepared in compliance with CEQA and the State CEQA Guidelines, and adopted City CEQA Guidelines, if applicable. The IS/MND will utilize the Environmental Checklist Form (Appendix G of the State CEQA Guidelines) or the appropriate City form, and will include thorough responses to each of the Checklist questions to determine the potential environmental effects of the proposed project. To enable LSA to proceed with this first task, the following information is needed from the City of Santa Ana to clearly define the project description and conduct the environmental analysis: • Copy of the City of Santa Ana General Plan and Environmental Impact Report (EIR) • Complete site plans and elevations, including the proposed parking • Cross sections of the proposed development illustrating the existing and proposed conditions on site and extending to adjacent residential properties • A conceptual lighting plan indicating type, location, intensity, and height of lighting standards proposed, and a photometric analysis prepared by the developer's lighting consultant • Conceptual landscape plans • Conceptual grading plans and drainage plans, including any proposed Structural Best Management Practices (BMPs) • Water quality and sediment control methods to be used during construction • Phase I Survey and Report indicating the presence/absence of hazardous waste • Other available studies/documentation pertinent to the environmental analysis • Completed application required by the City The Screencheck IS submitted to City of Santa Ana will contain all applicable environmental components required by CEQA, including project description, IS Checklist and responses, and mitigation measures, as necessary. All environmental topics contained in the Checklist will be H_AROBB\FILES\NEGDEC\Minter Santa Ana MND Proposal.doc u02119/08» A-1 LSA AsSOCIATES. IN':. addressed as required by CEQA. A description of key topics anticipated is provided in the following sections. Environmental Topics The methodology for addressing key environmental issues is addressed below. For each of the environmental checklist sections, the existing environmental setting will be the baseline for determining project impacts. Aesthetics. This section will evaluate potential visual impacts of the proposed project and will address potential light and glare issues, focusing on the effects on the adjacent residences. This scope does not include the preparation of visual simulations. Elevations of the proposed buildings and landscaping will be provided by the City of Santa Ana and/or the development team to enable LSA to assess the visual impacts of the project. The view from Santa Ana Boulevard in consideration of the adjacent residences is a key component of this analysis, as height differentials are evident. Detailed cross sections of the site, in its existing and proposed conditions, and conceptual landscape plans are also desirable. As noted previously, a conceptual lighting plan is also desirable in order to fully evaluate potential light and glare impacts. Aesthetic impacts will be described in the context of physical conditions on site and in the surrounding area, as appropriate under CEQA. Compatibility with the existing and proposed General Plan land uses and zoning designations will also be addressed as applicable to potential aesthetic impacts. Because the Renaissance Specific Plan is officially on file, analysis of the project's compatibility with the proposed plan will be provided. Air Quality. LSA will prepare a qualitative air quality analysis of the proposed project, which will be based upon the existing City General Plan EIR or a more recent analysis of air quality along the Santa Ana Boulevard corridor. The project is so small as to be inconsequential in the regional or local air environment. Construction impacts will be analyzed and preparation of mitigation measures, consistent with South Coast Air Quality Management District (SCAQMD) guidelines, will be proposed. Hazards and Hazardous Materials. This proposal specifies that there will be no hazards or hazardous materials to be addressed in the IS. The project applicant shall provide a Phase I records check/site survey to document property conditions. Land Use and Planning. This section will describe the existing land use setting and will include an in-depth analysis of the project's compatibility with surrounding land uses, as well as its conformance with the City's General Plan Land Use Element, Zoning Ordinance, and other applicable plans and policies. The analysis will specifically address potential land use conflicts with adjacent residential uses. Findings from the General Plan and the EIR for the General Plan will be utilized where appropriate and will be used to address transition of use of the property from its current setting to the proposed development. The project would also be assessed for compatibility with the proposed Renaissance Specific Plan now being prepared. H:AROBB\FILES\NEGDEC\Minter Santa Ana MND Proposal. doe,, 02/19/08,, A-2 LSA ASSOC TATES. INC:. Noise. LSA will prepare a qualitative acoustical analysis of the proposed project, primarily focusing on the construction effects on the nearby residences. The analysis will also address potential noise impacts on the proposed dwelling units fronting on Santa Ana Boulevard, based on General Plan EIR findings or more recent available studies. Population and Housing. LSA will rely on General Plan EIR results, combined with more recent project approvals and cumulative projects, to assess implications on housing and population. Analysis will be addressed within the policy context of the City's General Plan and, specifically, the requirements of the Housing Element. Findings adopted by the City Council for adoption of the City's General Plan/Housing Element and certification of the EIR (analysis within the current General Plan adoption documentation) will be utilized as appropriate. Transportation/Traffic/Parking. LSA will prepare an analysis of the addition of net vehicle trips to and from the site after consideration of removal of existing development on the site is balanced against the addition of 11 proposed dwelling units. Because the project only involves construction of I I units, a full traffic impact assessment is not triggered by City traffic study protocols. A qualitative analysis will be provided utilizing the roadway capacities of the two frontage roads, driveway access requirements of the City of Santa Ana, and current traffic counts obtained from the City. In addition, the proposed parking plan will be compared to existing zoning code requirements to determine the level of deficiency in the proposed parking program. Cultural Resources/Historic Resources. LSA will contact the South Central Coastal Information Center (SCCIC) located at California State University, Fullerton to obtain a cultural resources records search for the project area. The SCCIC is the State -designated repository for records concerning cultural resources in Orange County. The objectives of this research will be to establish the status and extent of previous cultural resources studies and surveys in the project area and to note what types of resources might be expected to occur. Data sources that will be consulted at the SCCIC include archaeological site and artifact records; historic maps; reports from previous studies; and the State Historic Resource Inventory (HRI), which contains listings for the National Register of Historic Places (National Register), the California Register of Historical Resources (California Register), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). In addition, LSA architectural historians will conduct archival research on the history and development of the property. Research locations will include, but not be limited to, the City of Santa Ana, the Orange County Assessor's Office, and the Santa Ana Public Library (History Room). In addition, interested groups such as the Santa Ana Historical Preservation Society will be contacted. Research will utilize primary and secondary sources of information such as building permits, historic maps and photographs, newspaper articles, City directories, and written histories of Santa Ana. An LSA architectural historian will conduct an intensive -level historic resources survey of the property to record buildings and associated features. Digital photographs will be taken of all building elevations, character -defining features, and context views. 1i \ROBB\FILES\NEGDEC\Minter Santa Ana MND Proposal.doc a02/19/08» A-3 LSA ASSOCIATES, INC. An LSA archaeologist will conduct a pedestrian field survey of portions of the property that are not obscured by asphalt, concrete, or buildings for evidence of prehistoric (Native American) or historic (non -Native American) archaeological materials. Negative findings are stipulated for archaeological resources. If archaeological resources are identified, LSA will advise the client and prepare a contract amendment. LSA will re-evaluate the property for significance in accordance with California Register and local criteria for designation. The buildings and associated features will be recorded on State of California Department of Parks and Recreation (DPR) forms (523A, Primary Record; and 523B, Building, Structure, and Object Record). LSA will prepare a technical report that will describe the research and field methods used, provide a historic context, evaluate historic resources identified in the project area, and assess the potential of the project to impact any historic resources. In addition, the report will provide mitigation recommendations if appropriate. The completed DPR forms will be attached as an appendix. LSA will provide two (2) bound copies and one (I) electronic copy of the final report. LSA key staff involved in this project will be Casey Tibbet, M.A., who will act as task manager and lead architectural historian and Bill Bell, who will conduct most of the research. Ms. Tibbet meets the Secretary of the Interior's Professional Qualification Standards in the fields of architectural history and history. Other Issues: Agricultural Resources, Biological Resources, Geology and Soils, Hydrology and Water Quality, Mineral Resources, Public Services, Recreation, and Utilities/Service Systems. Given the project location and the nature/intensity of the use proposed. these environmental topics are not anticipated to result in potentially significant impacts, although some level of impact may be identified and must be analyzed. LSA will describe the existing conditions and provide a limited assessment of these impacts on the environment. Analyses of these topics will be based on readily available existing information contained within the City's General Plan and other applicable City plans/EIRs or available studies relevant to the general project area. TASK 2. DRAFT INITIAL STUDYINEGATIVE DECLARATION LSA's Project Manager will meet with City staff to receive comments on the Administrative Draft Screencheck IS/Negative Declaration (ND). LSA will make the necessary revisions to the draft document and supporting technical studies, and prepare an IS/ND for public review. LSA will provide a preprint version/revised screencheck of the IS/ND to the City for a limited final review prior to printing. The purpose of this review will be to verify that the City is satisfied with the new and revised text. At the preprint stage, no substantive changes to technical analyses or conclusions are provided for in the schedule or budget. Legal advertising, reproduction, and distribution of the IS/ND and filing of the Notice of Intent will be conducted by LSA. H \ROBLITILL-S\NEGDECNinter Santa Ana MND Proposal-doc 02/19/08rn A-4 LSA ASSOCIATES, INC. TASK 3. FINAL INITIAL STUDY/NEGATIVE DECLARATION Responses to Comments LSA will take the lead in preparing written responses to comments received during the public review period. LSA will assist the City in preparing responses only if directed by City of Santa Ana. CEQA does not require responses to comments for an ND: however, LSA has included this task to help address any CEQA-related concerns. Ten hours of professional staff time for preparation of responses to comments have been budgeted. This task and the associated budget are provided based upon receipt of an average number- and average complexity of comments received for this type of project. Should additional time be required to respond to unanticipated comments, LSA will seek authorization to bill on an hourly basis for additional services. Mitigation Monitoring Program The Mitigation Monitoring Program (MMP) will be prepared by LSA. Notice of Determination LSA will prepare and file the Notice of Determination (NOD) with the County Clerk after approval of the IS/MND. TASK 4: MEETINGS LSA will attend up to three public meetings and/or public hearings before the City's decision -making bodies. LSA has budgeted to attend two meetings with staff during preparation of the IS. Attendance at additional meetings may require a budget adjustment or can be authorized on an hourly basis, consistent with the attached provisions. LSA DELIVERABLES/PRODUCTS This scope of work specifies that LSA will prepare and post notices, other than the NOD, which will be prepared by LSA. LSA will be responsible for printing and distribution of the CEQA documents. Therefore, LSA will provide the following products: • City/Developer Review Draft Screencheck IS/MND (6 copies) • Screencheck Technical Studies - Cultural/Historic Resources (3 copies) • City Review Administrative Draft IS/MND (6 copies; 4 copies to the City of Santa Ana and 2 copies to the developer, at the direction of City staff) • Preprint IS/MND and Appendices (4 copies) to the City of Santa Ana H \R0BB'1HLES\NEGDEC\Minter Santa Ana MND Proposal.doc «02,119/08» A-5 LSA ASSOCIATES. INC. • LSA will print and distribute IS/MND for State Clearinghouse, public agency, and interested party reviews. • LSA will prepare and distribute and/or file the Notice of Intent and Notice of Determination, as required by CEQA and the State CEQA Guidelines. • The Notice of Determination filing fee shall be paid to the County by the developer. SCHEDULE LSA can complete the scope of work according to the following schedule, contingent upon receiving all required materials prior to initiating Task 1. Significant changes in the project design or scope of work, or delays in receiving the requested materials, can affect the project budget and schedule. LSA can prepare a more specific schedule with milestone dates, once the project is underway. Estimates below reflect only LSA tasks and do not account for developer/City of Santa Ana review of the Draft IS or other tasks where the developer/City of Santa Ana takes the lead role, as noted in the preceding scope. Estimated Time Task Required Task 1: Project Start-up — Further define scope of IS Start-up and Information Collection 2 weeks Technical Studies Historic Structures Assessment Report 4 weeks Air/Noise Studies 4 weeks All other Environmental Topic Sections 5 weeks (Concurrent with tech studies) Task 2: Draft IS (after receipt of all City comments 1 week and City of Santa Ana comments) (Dependent upon City of Santa Ana team review/City review) Task 3: Public Review Period and Final lS/MND 4 weeks Task 4: Meetings as needed Ongoing ESTIMATED BUDGET LSA has estimated that $29,800 in fees and reimbursable expenses will be necessary to complete the scope of services. These fees include direct costs or reimbursable costs. Reimbursables include, but are not limited to, mileage, photocopying, blueprints, certified mail and delivery service, photography, equipment rental, and facsimile services. Direct costs and reimbursables will be billed at cost plus 10 percent, or in accordance with the master contract with the City of Santa Ana. Should the scope of services be amended prior to or during the project, the estimated fees may warrant revision. A breakdown of the budget by task is as follows: H \ROBB\FILES\NEGDEC\Minter Santa Ana NINE) Proposal.doc a02/19/08,, A-6 LSA ASSOCIATES. INC_ Task Budget Task 1: Start-up and Admin Screencheck IS $8,500 Technical In ut/Studies Cultural and Historic Resources $6,000 Air Quality Qualitative Analysis $1.000 _ Noise Qualitative Analysis $1.000 Subtotal $8,000 Task 1 Subtotal $16,500 Task 2: Draft IS/ND and Notice of Intent $3,800 Task 3: Response to Comments/Notice of Determination _ $2,900 Task 4: Meetings $3,500 Fee Subtotal $26,700 Reimbursable Expenses $3,100 Budget Estimate $29.800 This fee is based on past experience with the level of effort needed to complete the CEQA process for a relatively small project within a previously built environment. LSA will aggressively identify strategies for reducing the overall work effort while maintaining CEQA objectives and the defensibility of the work products. LSA proposes to conduct this work under an hourly contract, as described in the attached Schedule of Standard Contract Provisions and Billing Rates (Attachment B). LSA's budget estimate will not be exceeded without your authorization. H \ROBB\F]LES\NEGDEC\Minter Santa Ana MND Proposal.doc a02 l9/08» A-7 LSA ASSOCIATES, INC, ATTACHMENT B SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES H \ROBB\FILES\NEGDEC\Minter Santa Ana MND Proposal. doc a02/19/08» LSA ASSOCIATES, INC. ATTACHMENT B SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fixed -Fee Contracts If a fixed -fee proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided for the fixed fee noted in the proposal. All other professional services are considered extra services. Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts, unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided on a time and materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached, or can be made available. Hourly rates are subject to review at least annually on or about August I of each year, and may be adjusted to reflect changing labor costs, at our discretion. at that time. (A schedule can be made available upon request.) Direct costs (including cost of subeonsultants) shall be reimbursed at cost plus ten percent, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. The total estimated amount of time and expenses noted in the proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client. INVOICING Monthly invoices shall be submitted for progress payment based on work completed to date. Clients requesting changes to LSA's standard invoice may be billed for the time to develop the invoice and monthly administration of the billing. PAYMENT OF ACCOUNTS Terms are net 30 days. LSA offers a one percent discount on invoices paid within 30 days of the invoice date. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the client. L. %CORP\contract doc a01 / I4/08» H-1 LSA ASSOCIATES. INC. STANDARD OF CARE Services provided by LSA under this Agreement will be performed in a manner consistent with the decree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. INDEMNIFICATION Client and consultant each agree to indemnify and hold the other harmless and their respective officers, employees, agents, and representatives from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, and expenses are caused by the indemnifying party's negligent acts, errors, or omissions. ELECTRONIC FILE DATA CHANGES Copies of documents that may be relied upon by client are limited to the printed copies (also known as hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data, graphic, or other types that are furnished by LSA to client are only for convenience of client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, LSA makes no representations as to long- term compatibility, usability. or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those of LSA at the beginning of the assignment. FORCE MAJEURE Neither party shall be deemed in default of this Agreement to the extent that any delay in performance of its obligation results from any cause beyond its reasonable control and without its negligence. LITIGATION In the event that either party brings action under the proposal for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgment. NOTICES Any notice or demand desired or required to be given hereunder shall be in writing, and shall be deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and addressed to the parties as set forth in the proposal or to such other address as either parry shall have previously designated by such notice. Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed. L\CORP\contract doc a01/14/08» B-2 LSA ASSOCIATES. INC. TERMINATION OF CONTRACT Client may terminate this agreement with seven days prior notice to LSA for convenience or cause. Consultant may terminate this Agreement for convenience or cause with seven days prior written notice to client. Failure of client to make payments when due shall be cause for suspension of services, or ultimately termination of the contract, unless and until LSA has been paid in full all amounts due for services, expenses, and other related charges. REVOCATION If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal. LICORP\contractdoc (01/14/08), B-j i i II •• a' � 69 6R b� 69 i i 65 69 i 69 65 69 69 ^O - - .G 3 _ _ �� W _✓ cr�;` L � 5 � ofY I u u U i I i I I j L < f << V V L — I _ - C U G bn U � C � G N r= r y C = y � ` < [n L 77 �-- .- < L I r v i � t r 1. J ^J U <sc :v <� I I c I bn c u 75 IT a� I.SA ASSOCIATES. INC. LSA IN-HOUSE DIRECT EXPENSES Unit Cost Reproduction $0.10 per page _ Color Reproduction (8.5 x l 1) $1.00 per page Color R�production (11 x 17) $3.00 per_pa e Mileage Road _ _ _ _ $0.505 per mile Off -Road $0.655 per mile Facsimile $1.00 per page CD Production $5.00 per CD _ Plotting $5.00 per linear ft. Diazo Printing $0.20 per s . ft. Film (developing billed separately as a direct cost) $5.00 per roll Disposable camera and film (developing billed separately as a direct cost) $ 10.00 per -camera Search of Specialized Data Bases $100.00 per inquiry GPS Unit $100.00 per day Aerial Photos $200.00 peLpLoto L\CORPycontractdoc ,01/14/08>, B_5