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HomeMy WebLinkAbout25H - ENGINEERING SVCSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 3, 2008 TITLE: AGREEMENT WITH URS FOR ENVIRONMENTAL ENGINEERING SERVICES FOR GRAND AVENUE WIDENING BETWEEN FIRST ST AND FOURTH ST (PROJECT 08-1732) / CITY MANAGER MEN CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with URS, subject to non-substantive changed approved by the City Manager and City Attorney, to provide engineering services for the preparation of the environmental documents for the widening of the Grand Avenue between First and Fourth Streets in the amount not to exceed $229,600 including a 15~ contingency. DISCUSSION In 2002, a traffic analysis for Grand Avenue between First and Seventeenth Streets concluded that Grand Avenue would operate at an unacceptable Level of Service F by 2020. A Focused Environmental Impact Report (FEIR) was prepared in accordance with the requirements of California Environmental Quality Act (CEQA) to determine and evaluate the impacts of widening Grand Avenue from four lanes to six lanes. The FEIR, which was approved in 2002, concluded that the widening project would substantially improve the traffic operation to an acceptable Level of Service B or better by 2020 and would not have any significant adverse impacts on the environment. The initial phase of the construction (Phase I) will entail the widening of Grand Avenue between First and Fourth Streets (Exhibit A). In November 2007, the Public Works Agency issued a Request for Proposal (REP) to several consulting firms to obtain engineering services for the preparation of environmental documents for CEQA and National Environmental Policy Act (NEPA) since this project has received federal funding. Two proposals were received in response to the RFP and evaluated by the project team consisting of City staff. Each firm was rated according to its qualifications, past experience, and capacity to 25H-1 Consultant Agreement with URS Project No. 08-1732 March 3, 2008 Page 2 perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: 1. URS 2 . P &D FIRM RATING FEES 81 $199,687 74 $239,902 The fee schedules for these firms were compared. The fee for URS is consistent, reasonable and in line with staff's estimate. Because of the experience of key personnel, client satisfaction and competitive rate, it is recommended that the firm of URS be retained for the required services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Measure M Turnback (account no. 32-551-6631, project 08-1732), Regional Surface Transportation Program (account no. 59-551-6631, project 08-1732), and Area C-2 funds (account no. 48-631- 6631, project 08-1732). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency . ~ ~/~ Francisco Gutierrez t" Executive Director Finance & Management Services Agency 25H-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 3`d day of March, 2008 by and between URS CORPORATION, a Nevada 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 engineering services to provide environmental assessment and clearance documents in relation to the Grand Avenue widening project. 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 in relation to the Grand Avenue widening project, as set forth in Exhibit A, attached hereto. 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, aroyalty-free, 25H-3 nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Consultant's Fee Proposal, attached hereto as Exhibit B. The total sum to be expended under this Agreement not exceed $229,600, during the term of this agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on completion of the services, unless terminated earlier in accordance with Section 13, below. 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: 25H-4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) 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. 25H-5 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) 4 25H-6 P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-21) P.O. BOX 1988 Santa Ana, California 92702 Telefacsimile (714) 647-5635 Attn: Souri Amirani 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: URS Corporation Dennis Papilion 2020 East First Street, Suite 400 Santa Ana, CA 92705 Telefacsimile: (714) 667-7147 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, 25H-7 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. 25H-8 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. CITY OF SANTA ANA ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager URS CORPORATION DENNIS PAPILION Vice President Tax ID# 25H-9 EXHIBIT A SCOPE OF WORK The following scope of work represents the proposed work plan for execution of the tasks listed in Section IV (Scope of Work) provided in the City's RFP. The scope of work discussion included below is provided as outlined in the City's RFP for ease of reference and consistency. 1. MANAGEMENT AND ADMINISTRATION Management and Coordination -URS has performed many successful contracts for projects that require preparation of simple to complex CEQA and NEP A documents and the wide range of supporting technical studies to meet, among others, Caltrans and FHWA requirements. We too are working with the City as an on-call contractor providing environmental documentation services and are very knowledgeable in the administrative procedures used by the City. We understand that early, consistent and effective communication with the stakeholders is critical to a project's success. URS will maintain ongoing communications with the City's Project Manager and other affected agencies to promote effective coordination during the course of project development. A Project Management Plan (PMP) will be created under this activity. The specific elements that are typically included in the PMP are further detailed in Section D. Meetings -Project Development Team (PDl) meetings will occur monthly for the duration of the project with all stakeholders at the City. PDT meeting agendas and associated communication will be distributed a minimum of two business days in advance. PDT meeting minutes, including disposition to previous meeting action items and new action items, will be distributed within five business days after the meeting to all attendees and invitees. As necessary, additional coordination meetings with the City and other representatives from affected agencies will be held throughout the project duration. The Consultant will hold akick-off meeting with the City and Caltrans to confirm the project scope, establish lines of communications, and establish a schedule for project coordination meetings and technical reviews. The kick-off meeting will address the start-up activities to initiate project work. Progress Reporting- Monthly progress reports will be submitted, indicating progress achieved during the reporting period in relation to the project schedule. Two copies of the progress reports will be provided to the City at least four working days before the PDT meeting. Project Schedule -Subsequent to the project kick-off meeting, a detailed project schedule will be prepared in Microsoft Project format utilizing Caltrans' Work Breakdown Structure (WBS). URS has prepared such schedules to meet Caltrans' current WBS. The project schedule will be our primary management tool to ensure that the project meets all critical milestones, is properly staffed, and stays within budget as the studies progress. Our preliminary project schedule is shown in Section D. Research and Data Collection URS will research and collect information related to the proposed project to support preparation of the environmental studies, including conducting detailed site reconnaissance and obtaining project-related reports, as-builts and record drawings; agreements, right-of--way data, and future improvements plans adjacent to or affecting the project site. 2. ENVIRONMENTAL DOCUMENTATION PREPARATION Provided below is a description of the separate CEQA and NEPA compliant documents that are proposed for this project. 25H-10 CEQA Compliance -The RFP suggests that a Supplemental EIR to the originally certified EIR (2002) may be required for the project described herein. Based on conversations with City staff, it is URS' understanding that the description of the project alternatives included in the originally certified EIR have not changed for the proposed widening of Grand Avenue between First and Fourth Streets. It too is understood that there are no other reasonable or feasible alternatives beyond what were analyzed in the previous EIR. Section 15162(a) of the CEQA Guidelines states that when an EIR has been certified for a project, no Supplemental or Subsequent EIR shall be prepared for that project unless the Lead Agency determines, on the basis of substantial evidence in light of the whole public record, one of the following: - Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; - Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant impacts• -New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of the previous EIR was certified as complete, shows any of the following: • The project will have one or more significant effects not discussed in the previous EIR; or • Significant effects previously examined will be substantially more severe than shown in the previous EIR; or • Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternative; or • Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Based on our understanding of the project at this time, the widening of Grand Avenue between First and Fourth Streets, as originally analyzed in the previously certified EIR, would not meet any of the above listed criteria pursuant to CEQA Guidelines Section 15162 or 15163 requiring preparation of a Subsequent or Supplemental EIR, respectively. The updated analyses prepared for the NEPA document, as applicable, would be incorporated by reference into the CEQA Addendum. As described in Section 15164(e) of the CEQA Guidelines, a brief explanation (e.g., memorandum report) of the decision not to prepare a Subsequent EIR pursuant to Section 15162 of the CEQA Guidelines shall be included in the EIR Addendum - the Addendum does need not be circulated for public review. If the City ultimately elects to prepare a . Supplemental EIR based on the updated analyses (e.g., traffic, air quality, etc.), that document would be approved within the same timeline as the NEPA EA thereby not negatively affecting the project schedule. NEPA Compliance - As stated in the RFP, it is assumed that the project will require prepazation of a NEPA EA, leading to issuance of a FONSI, and supporting technical studies pursuant to pertinent Caltrans and FHWA guidelines. Because the project is located off the SHS, preparation of the NEPA EA will be coordinated with Caltrans' District 12 Local Assistance Office, as further described in Chapter 6 of Caltrans' LAPM, to meet current reporting requirements pursuant to Caltrans' SER and applicable Environmental Handbooks. Provided below is a flow chart that illustrates the key milestones for preparation and approval of a NEP A-compliant EA for a project off the SHS. A description of each milestone that will be conducted is described in the below tasks following the flow chart. Dele Colleclionl Site Vllh PrepSle Pnllminary EnNronmentll Stutlies (PES) Fonn Coordinttian Meeting wtth City end Dllldni District 12 • Air duality Report Tragic Impaq Report • Hazardous Waste/I SA 25H-11 • Ndse Study Report • Guttural Resources (ASR, HPSR) • Relodtion Impact Study Circullte Dtafi EN Public Helring Task 1-PES Form The initial task will include prepazation of the PES Form in coordination with Caltrans' District 12 Local Assistance Office Chief in accordance with Chapter 6 (Environmental Procedures) of the LAPM; an updated PES Form was adopted by Caltrans in November 2007. The PES Form is utilized exclusively for local federally aided projects off the SHS, and is used to confirm the types of technical studies and the ultimate required NEPA-compliant document. URS and the City's project representative will prepare the PES Form, and sign the document for transmittal to Caltrans. The PES Form will require signatures from Caltrans' professionally qualified staff regarding the level of required cultural resources (i.e., Section 106) documentation for the project. Caltrans' District Senior Environmental Planner and Local Assistance Engineer also will review and sign the PES Form. Final confirmation of the technical studies and NEPA document required will be documented through review and signature by the Environmental Coordinator at Caltrans' Headquarters Division of Environmental Analysis. Task 2 -Prepare Environmental Technical Studies Based on review of pertinent and available information related to the project (e.g., originally certified EIR) and initial field reconnaissance, it is assumed that technical studies for the topics listed below will be prepazed to support the NEPA EA. As stated previously, the technical studies described below will use, to the extent possible, analyses performed as part of the City's originally certified EIR. It is assumed that all other resources for which technical studies aze not prepared will be addressed through documentation in the NEPA document itself (i.e., no separate technical study is required). Finally, an External Quality Control Certification will be signed by the author of each respective technical study for submittal to Caltrans to confirm conformance with applicable reporting requirements. Air Oualit~Study -The proposed project is not exempt from the requirement to demonstrate air quality conformity pursuant to applicable state and federal regulations. An important component of the air quality assessment, pazticulazly in light of recent legislation, will be to determine if the project is a Project of Air Quality Concern (POAQc) pursuant to 40 CFR 93.123(b)(1) as it relates to PMZ.Sand PMIO.In coordination with the City and Caltrans, URS will submit the necessary analyses to SCAG's Transportation Conformity Working Group (TCWG) to ascertain the project's conformity status. URS has recently coordinated with Caltrans to navigate projects successfully through the TCWG's POAQC determination process. A sepazate air quality conformity analysis, pursuant to Section 6005 Pilot Program under SAFETEA-LU also will be prepared for submittal to Caltrans and FHWA to assess potential operational-related impacts for key criteria pollutants (including, but not limited to, CO, PMio, and PMZS)pursuant to applicable local, state, and federal regulations. Cultural Resources (Section 106) Studies - A HPSR, including Area of Potential Effects (APE) Map and ASR, will be prepared pursuant to guidelines set forth under Caltrans' SER, Volume 2 (Cultural Resources). Consultation with the Native American community, including the Native American Heritage Commission (NAHC) and pertinent tribes recommended by the NAHC, also will be performed as part of the cultural resources documentation. Based on the findings of the City's originally certified EIR, there are no previously documented archaeological sites within the project azea. Furthermore, no sites listed, or eligible for listing, on the National Register, State Register, or Santa Ana Register have been identified along the segment of Grand Avenue between First and Fourth Streets. As of January 1, 2004, cultural resource studies must be prepared and processed in accordance with the Programmatic Agreement (FA) among FHWA, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and Caltrans regarding compliance with Section 106 of the National Historic Preservation Act, as it pertains to the administration of the Federal Aid Highway Program in California. A qualified azchitectural historian will conduct a field survey of each proposed project azea to record buildings, structures, and historic features through photography and written descriptions. However, in 10 25H-12 accordance with the Section 106 PA, and based on findings included in the originally certified EIR, it is anticipated that all affected structures can be exempted from further evaluation and that a Historic Resources Evaluation Report will not be required. Initial Site Assessment (1SA1 Report - An ISA report will be prepared in accordance with Caltrans' SER, Volume 1, Chapter 10 (Hazazdous Waste) to confirm potentially hazardous material and waste impacts and any need for further assessment/remediation. This scope of work does not include any investigation or reporting beyond that required as part of the ISA report. It could be that demolition of the affected structures/buildings require further follow-up investigation (e.g., asbestos, lead-based paint, etc.). If required, URS could perform such follow-up investigations under an amendment to the contract. Noise Study Report -The proposed project is a "Type I" project as defined by 23 CFR 772 because it will add through lanes of travel. Therefore, noise impacts, and the potential need for noise abatement (e.g., soundwalls) would be assessed in accordance with guidelines set forth in Caltrans' Traffic Noise Analysis Protocol (2006) and Technical Noise Supplement (1998). URS will conduct a field noise study to quantify and assess existing noise conditions at the potential noise sensitive areas. It is estimated that sound level data will be collected at up to eight selected locations throughout the day. In addition, continuous 24-hour noise monitoring will be conducted at up to three locations in the project area if secure measurement locations can be identified. URS will conduct traffic noise modeling related to the proposed project using the FHWA Traffic Noise Model (I Iv 1VI) Version 2.5 and traffic data to be provided by the project traffic engineer. TNM will be used to model highest noise hour conditions at representative modeled receiver locations under existing conditions and design yeaz conditions with and without the proposed project. Traffic noise impacts of the proposed project under 23 CFR 772 will be assessed by determining if implementation of the project is projected to result in traffic noise levels under design year conditions that approach or exceed the FHWA noise abatement criteria or if implementation of the project is predicted to result in a substantial increase in noise at noise sensitive uses. If traffic noise impacts aze projected to occur, information on the preliminary feasibility and reasonableness of noise abatement as defined in the Protocol will be evaluated and presented for use by decision makers in considering noise abatement. URS will also evaluate potential construction noise impacts using methods recommended by the u.s. Department of Transportation. Relocation Impact Study - It is expected that Draft and Final Relocation Impact Study (DRIB and FRIS, respectively) will be prepazed pursuant to FHWA guidelines to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and policies set forth in Caltrans' Division ofRight-of--Way Procedural Handbook, Chapter 602. traffic Impact Analysis Traffic Impact Anal will be conducted and prepared to meet City and Caltrans' requirements. The analysis for this project will, to the extent possible, utilize information developed as part of the traffic analysis conducted as part of the originally certified EIR. The Traffic Impact Analysis will evaluate the project alternatives for consistency with the City's General Plan Circulation Element, City's Master Plan of Bikeways, Orange County Transportation Authority Master Plan of Arterial Street and Highways, and SCAG's Regional Comprehensive Plan and Regional Mobility Element. Project alternative impacts will also be evaluated with respect to on-street parking and during the construction of the street widening improvements. Initially, a field review will be conducted to document the existing features of the affected roadway segment and key study intersections within the limits of the project. URS also will review available traffic count data from the City to determine if any recent counts have been conducted within the study azea. New traffic counts will be collected as needed to supplement older or missing traffic data. It is assumed that all relevant and applicable cumulative projects will be identified and will be provided by City staff. Finally, URS will collect all applicable (approved) improvements at the study roadway segment and intersections that will by implemented within the traffic analysis scenarios (i.e., existing and future analyses). The traffic analysis will evaluate two key study intersections (i.e., Grand Avenue/Fourth Street, and Grand 11 25H-13 Avenue/First Street), and roadway segment along the Grand Avenue between First Street and Fourth Street. Study limits and locations will be confirmed in consultation with City and Caltrans staff. Intersection analyses for both a.m. and p.m. peak hour conditions will be conducted utilizing City traffic impact analysis guidelines and prescribed analysis methodologies. Roadway segments will be analyzed using the City's maximum roadway capacity LOS tables, and the study intersections will be analyzed using the Intersection Capacity Utilization method. URS will develop future baseline (No Project) traffic volumes using the latest approved City traffic model projections. Future No Project Alternative LOS analysis will be conducted at the study intersections and roadway segment. Based on the proposed build alternatives, URS also will conduct Future Build Project Alternatives LOS analysis at the study intersections and roadway segment. The traffic analysis also will provide, as necessary, traffic mitigation measures at impacted locations for inclusion in the CEQA and NEPA documents. Assumptions/Deliverables: A total of five copies each of the draft and final technical studies will be delivered. Draft technical studies will be reviewed no more than once each by the City and Caltrans (allowing for one round of revision per comments issued by the City and Caltrans). Task 3- PrepareDr~ NEP f~ EA Per the City's RFP, aNEPA-compliant EA will be prepared pursuant to Caltrans' SER, Volume 1, Chapter 31 [Environmental Assessment (EA) and Finding of No Significant Impact (FONSI)]. The separate EA will be prepared and conform to the current annotated EA outline included on Caltrans' SER. Preparation of the EA also will conform to the reporting requirements and procedures (e.g., Environmental Document Review Process) pursuant to the SAFETEA-LU NEPA Pilot Program Section 6005 MOU as set forth in Volume 1, Chapter 38 (NEPA Delegation) of Caltrans' SER. It is assumed that the EA will address the same build and no build altematives addressed in the City's originally certified EIR; it is assumed that no additional build alternatives will require assessment than that addressed in the 2002 EIR. If a higher level NEPA document is determined to be required, then this will be communicated to the City and ascope/cost amendment for this work will be provided. Using the information contained in the technical reports, along with additional information and analyses that are performed as necessary, a Screencheck Draft EA will be prepared and submitted to the City and Caltrans for concurrent review. The document will be submitted with the NEPA QA/ QC signature sheet and Environmental Document Review Checklist for Draft Environmental Documents. Following the City and Caltrans review of the Screencheck EA, URS will revise the document as necessary. Following a comment resolution meeting with the City and Caltrans, URS will prepare the Draft EA with a response to comment matrix and submit the document to the City and Caltrans for final concurrence. It is assumed that no additional comments will be received as part of the concurrence review. It too is assumed that the project will be consigered a "routine" EA, and, therefore the Draft EA will not require review by Caltrans Headquarters. After approval and signature of the Draft EA by Caltrans, the document will be circulated for public review and comment. Assu m ptions/Deliverables: A total of 10 copies of the Screencheck Draft EA will be delivered. A total of 10 copies of the Draft EA will be delivered following the revisions workshop. A total of 10 copies and two electronic PDF copies of the Final Draft EA will be delivered to the City and Caltrans. No more than 40 copies of the Draft EA will be delivered for public circulation to interested parties and agencies. 12 25H-14 Task 4 -Circulate Drcift EA l Public Hearing URS will coordinate with the City to update the project agency and general public list and identify those agencies and members of the public who will receive the Draft EA and/or public notices regarding the availability of the Draft EA and the public meeting. Responsible, participating, and interested public agencies groups and organizations, utility and service providers, businesses, and members of the general public will be included in the distribution list. URS will prepare a Notice of Opportunity for Public Hearing in accordance with Caltrans requirements for publication in a newspaper of local circulation, for posting at the Orange County Clerk's office, and for distribution to affected parties and property owners. A draft notice will be provided to the City and Caltrans for concurrent review. Upon receipt of comments from the City and Caltrans, a final notice will be prepared and provided to the City and Caltrans. It is assumed that all transmittals of the notice will be done electronically. URS will assist the City and Caltrans with publishing the notice, but it is assumed that the cost of publication will be the responsibility of the City. It is assumed that the Draft EA will require a 30-day public review period. It is also assumed that the City will hold one public hearing during the 30-day public review period to solicit input on the Draft EA. This task will include the planning and support of the public hearing for the project. It is assumed that the City will make all necessary requirements to reserve the public hearing venue. URS responsibilities related to this task are assumed to include the following deliverables. Assu m ptions/Deliverables: - Record of public hearing - Meeting materials - Documentation of attendance - Recording of comments - Handouts, displays, etc. (in both English and Spanish) - Court reporter - Translator Task 5- Response to Comments l Prepare Final EA Public and agency comments received on the Draft EA are part of the record of the environmental documentation for the project and are considered in the identification of the preferred alternative, and the FONSI for the Final EA. URS will review and respond to all comments received and will work with the City and Caltrans to resolve all responses to comments as necessary. The responses to comments will be provided to the City and Caltrans for review and approval prior to making any changes to the EA. It is assumed that no comments requiring new analyses or requests requiring extensive revisions to the Draft EA will be received. New analyses are assumed to be analyses beyond those included in the Draft EA or extensive reanalysis of evaluations contained therein. Upon approval of the responses to comments, the EA will be updated to reflect input and any new information received during the public review period. The draft Final EA and FONSI will be submitted for review, along with a completed Environmental Document Review Checklist. The environmental commitments record (ECR) will be prepared in a table format for inclusion in the Final EA. The matrix table will include a description of each avoidance, minimization, and mitigation measure from the EA and technical studies, organized by topic and numbered to correspond with the impacts. For each measure, the Reporting Process, Timing of Measure, Responsible Party, and Verification of Compliance will be identified. The ECR will be included in each Final EA and reviewed as part of those documents. 13 25H-15 Assumptions/Deliverables: ,o Draft and final responses to comments submitted to the City and Caltrans for review and concurrence (5 copies plus electronic fl les). ,a Draft Final EA/FONSI for final concurrence by the City and Caltrans (10 copies). ,o.Final EA/FONSI (30 copies and one electronic PDF copy). ,a~Final technical studies bound (10 hard copies and one electronic PDF copy). The PMP will also contain an entire chapter on the project-specific quality control procedures that are expected to be applied to this particular project. These procedures include detailed checking "checklists," independent technical reviews (ITRs), and back-checking procedures, and editing requirements to ensure that each deliverable is properly checked for accuracy and appropriate communication methods (clear and grammatically correct) for the intended audience. The URS Quality Assurance/Control Officer is responsible for auditing and spot-checking the quality control process for conformance with the established procedures. Many projects are audited quarterly to maintain a high level of visibility for quality control functions, which in turn creates an office culture that considers quality control to be an element of equal importance to design development, technical report writing or field review surveys. The Project Manager also plays an active role in anticipating the quality control staffing needs for projects and assigning the staff with the appropriate skills and experience to perform various technical reviews. Again, the schedule is an important tool for quality control since many quality assurance programs will fail unless the time for quality control efforts is factored into the scheduled deadlines so that quality control is not sacrificed to meet a critical submittal date. Responsibility for maintaining the project schedule and budget is a team effort, but the Project Manager is ultimately responsible for managing these elements of the project. One method that will be employed by URS to manage the schedule and the budget will be through strict observance of the critical milestone activities identified in the schedule. Projects that stay on schedule generally stay within budget. Therefore, development of a realistic schedule, as shown in the previous section, and weekly monitoring of that schedule, will ensure that the project meets the critical milestones and that the project remains on budget. Also, staying on top of cost accounting and invoicing will allow for the eazly identification of any activities that may be lagging behind and accruing more costs than budgeted. Finally, the key ingredient to maintaining schedule and budget control is timely identification of issues or events that could cause schedule and budget problems. This requires a seasoned Project Manager that can proactively forecast activities that appear to be affecting the schedule so that workarounds can be initiated at a point in the process where they will be implemented in time to avoid a schedule delay. The same is true for the budget. Certain activities are consistently the ones that are at risk for overrunning their respective budgets, including, but not limited to: data collection, traffic analysis, noise studies, administrative draft environmental document, and responses to comments. By focusing management on the tasks that aze historically prone to scope creep and cyclical reviews, the URS team will be able to pro actively address the potential overruns. Our cost accounting system is specifically designed for use by Project Managers and Task Leaders, who all have unlimited access to the entire cost accounting system, to monitor progress and identify trends in each task and subtask. One element that we regularly check is the average hourly rate for each task or subtask as calculated from the hours and dollazs spent each period and to date. By comparing this actual "bum rate" to 14 25H-16 the average budgeted hourly rate, the Project Manager can decide if the appropriate staff are assigned to the project and if they appear to be working efficiency. FIRM WORKLOAD One benefit of hiring a firm the size of URS is our resource base and our corresponding ability to surge up and down to respond to project needs. Also, our team is largely local and very accessible. Furthermore, our local staffis supported by an additional 600 personnel in Southern California alone. We are confident in our ability to meet the City's needs and to perform and tasks outlined in our scope of work on time. The following table highlights the specific availability of our proposed project team for the Grand Avenue Widening effort. Team Member/Role CurrentAvailability Court Morgan, Project Manager 30% Paul Ryan, Principal-in-Charge 30% Jeffry Rice, QA/QC 30% Leonard Malo, Biology Lead 25% Laurie Solis, Cultural Resources 25% Paul Nguyen, Air Quality 30% Chris Goetz, Geology/Soils 35% Youji Yausi, Community/Relocation Impacts 25% Ted Lindberg, Noise 20% Cynthia Gabaldon, Water Quality 30% Angela Lieba, Visual/Aesthetics 25% Douglas Smith, Traffic Study 25% Janet Tentler, Hazardous Materials 25% Sylvia Novoa, Public Involvement 25% E. PROJECT TEAM, ORGANIZATIONAL CHART AND RESUMES URS has not only worked side-by-side with City personnel on several recent city projects, but we aze also geogrnph;cal~y by your side. Our location in Santa Ana gives us the ability to offer local resources and communicate with the City in a timely manner. Plus, the URS team is highly trained in prepazing CEQA/NEPA documentation. Additionally, with over 55,000 employees world wide, and more than 1,600 available in California, URS has immense talent to draw upon for each aspect of this project. For this contract, URS is particularly excited to offer our depth of resources to the City. After decades of working with Caltrans, the URS staff has honed a keen knowledge of their processes. This coupled with URS' experience in CEQA/NEPA documentation, brings strength to the partnership of URS and the City allowing for a more fluid and streamlined approach to compliance procedures. The table below highlights the Califomia personnel who have expertise required for this contract. For this project, URS has assembled a local team ofhighly-skilled professionals who are not only qualified in all areas set forth in the RFP, but also have an intricate understanding of the required documentation for the Grand Avenue Widening project. Furthermore, our team's QA/QC leader, Jeffry Rice, worked for 15 years with the City. He was involved in the planning and land use impacts of this project, as well as the initial EIR as part of his role as principal planner. 15 25H-17 Cate>?orv California-Based Experts Biology 26 Archeology, Paleontology/Ethnology/I-Iistory 30 Geology/Seismology 78 Water Quality 11 Socioeconomics 1 AestheticsNisual Resources 21 Air Quality 66 Noise 5 Traffic/Transportation 34 Environmental Planner 19 Others 1,247 Total 1,641 With yeazs of experience working on road and highway widening projects, the URS staff, especially this proposed competent team, understands what it takes to achieve compliance with Caltrans and local agency standards, policies, and procedures. For preparation of CEQA/NEP A documentation for the proposed widening of Grand Avenue, we know that communications and familiarity with city, county, state, and federal procedures and standards are important to the City of Santa Ana and that is the reason we assembled this team to meet your particular needs. We can offer the City of Santa Ana an intricate understanding of the Caltrans, NEPA, and CEQA processes and the associated technical reports that must be prepared as part of these efforts. Moreover, our proximity to the City and our vast available resources make the URS team the best combination of talent, resources, and ideas. We are pleased to offer our commitment to the City of Santa Ana. 16 25H-18 EXHIBIT B L~E ~,~ 2t?20 ~~st ~ ~ rest. Suite ~Ou Santa ,~ ~>" X75 Tel: 71~.&33.Ei 3 t"~ax:. `4.~'c' . `~' January 7, 2008 Souri Amirani Deputy Senior Engineer City of Santa Ana Public Works Agency, Office of the Executive Director 20 Civic Center Plaza -Ross Annex (M-36), 3~d Floor Santa Ana, California 92701 Re: Fee Proposal for the Request for Proposal for Environmental Document for Grand Avenue Widening Project Dear Ms. Souri Amirani: URS Corporation Americas (URS) is pleased to submit our fee proposal for the proposed widening of Grand Avenue between First and Fourth Streets. For the year 2009, the rate will increase 5%. We look forward to working on this exciting project with the City. If you have any questions during the evaluation period, please contact our Project Manager, Court Morgan at 714-433- 7603. Sincerely, URS Corporation Americas Dennis Papilion Court Morgan Vice President Project Manager 17 25H-19 URS 2008 Schedule of Fees and Charges The following describes the basis for compensation for service performed during the fiscal year 2008. This Schedule of Fees and Charges will be adjusted annually on January 1 of each subsequent year to reflect merit and economic salary increases, and changes in the expected level and mode of operations for the new year: The new Schedule of Fees and Charges will apply to existing and new assignments. PERSONNEL CHARGES The charge for all time required in the performance of the Scope of Service, including office, field and travel time, will be at the Unit Price Hourly rates set forth below for the labor classifications indicated. Labor Classification-Professional Staff Hourly Rate Graduate Engineer, Geologist, Scientist, Architect $115 Engineer, Geologist, Scientist, Architect $125 Senior Engineer, Geologist, Scientist, Architect $140 Project Manager $175 Project Engineer, Geologist, Scientist, Architect $180 Senior Project Manager $195 Principal Engineer, Geologist, Scientist, Architect $235 Project Director $295 Office Technicians Hourly Rate Drafter/Illustrator $85 Senior Drafter/Illustrator $100 Designer $105 Senior Designer $110 Lead Designer $120 Field Technicians Hourlv Rate Environmental Technician $95 Senior Technician $105 Senior Project Technician $115 Project Superintendent $125 Proiect Administrators Hourlv Rate Clerical $65 Project Assistant $80 Project Administrator $95 Senior Project Administrator $100 Principal Project Administrator $115 Overtime (hours worked in excess of eight (8) hours per day) by exempt personnel will be charged at the above straight time rate. Overtime by non-exempt personnel will be charged at 1.3 times the above hourly rates. When URS staff, appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings and depositions will be charged at the standard labor rate. LABORATORY SERVICES & EQUIPMENT CHARGES Charges for laboratory services and equipment will be charged at standard usage rates. Rate schedules are available upon request. OTHER PROJECT CHARGES Subcontractors and Equipment Rental The cost of services subcontracted by URS to others and other costs incurred by URS will be charged at cost plus 15%. Communications The cost of communications including telephone, pagers, cell phones, network communications, facsimile, routine postage and incidental copying costs will be charged a flat rate of 4% of total gross labor charges. COmputerS The charge for use of in-house computers for spreadsheets, word processing, and other similar functions is $15.00 per hour. The charge for use of Computer Aided Design and Drafting (CADD), Graphics generation, Geographic Information Systems (GIS) modeling applications, and similar technical computing is $30.00 per hour. There will be a charge of $7.00 for each non-color and $20.00 for each color plot generated by CADD and GIS systems. Document Rearoduction In-house reproduction will be charged at $.10 a page for black and white and $1.50 a page for color. Vehicles and Mileage Leased field vehicles (pick-ups, vans, trucks, etc.) used on project assignments will be charged at $85.00 per day. The mileage charge for personal autos will be the current mileage rate established by the Internal Revenue Service. This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal. 18 25H-20 URS 2008 Schedule of Fees and Charges The following describes the basis for compensation for service performed during the fiscal year 2008. PERSONNEL CHARGES The charge for all time required in the performance of the Scope of Services, including office, field and travel time, will be at the rate of 3.75 times the raw salary of the URS staff performing the work or times the rate charged by contract personnel under URS supervision and using URS facilities. Overtime (hours worked in excess of eight (8) hours per day) by exempt personnel will be charged at the above straight time rate. Overtime by non-exempt personnel will be charged at 1.3 times the above hourly rates. When URS staff, appear as expert witnesses at court trials, mediation, arbitration hearings, and depositions, their time will be charged at 2.0 times the standard rate. All time spent by personnel preparing for such trials, hearings, and depositions, will be charged at the standard 3.75 times raw salary rate. Special project accounting reporting and financial services, including submission of invoice support documentation will be charged. LABORATORY SERVICES & EQUIPMENT CHARGES Charges for laboratory services and equipment will be charged at standard usage rates. Rate schedules are available upon request. OTHER PROJECT CHARGES Subcontracts and Equipment Rental The cost of services subcontracted by URS to others and other costs incurred by URS will be charged at cost plus I S%. Communications The cost of communications including telephone, pagers, cell phones, network communications, facsimile, routine postage and incidental copying costs will be charged a flat rate of 4% of total gross labor charges. Comuuters The charge for use of in-house computers for spreadsheets, word processing, and other similar functions is $15.00 per hour. The charge for use of Computer Aided Design and Drafting (CADD), Graphics generation, Geographic Information Systems (GIS) modeling applications and similar technical computing is $30.00 per hour. There will be a charge of $7.00 for each non-color and $20.00 for each color plot generated by CADD and GIS systems. Document Reproduction In-house reproduction will be charged at $.10 a page for black and white and $1.50 a page for color. Vehicles and Mileage Leased field vehicles (pick-ups, vans, trucks, etc.) used on project assignments will be charged at $85.00 per day. The mileage charge for personal autos will be the current mileage rate established by the Internal Revenue Service. This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal 19 25H-21 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 20 Authorized Representative 25H-22