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HomeMy WebLinkAboutSAPPHOS ENVIRONMENTAL 2City of Santa Ana Clerk of the Council AGREEMENT TERMINATION IMB I -7 IIM 15R Please complete this form when the attached agreement is no longer in effect Return form to the Clerk of the Council Office (M-30). P i ''>xANA Call 647-6520 if you have any questions. 6L A t CnUNCIL The agreement with J AM2 Lu,7,y40-) L�Q l // , �LyyA , No. A-2008- /v -/1 was completed on 13D 7,00q and final payment has been made. f 9 ,n Department: �f Phone/Ext.: 2 )2— Signature: Azi!�M Date: 1� 13 Rc d 12.07L7 INSURANCE ON FILE WORK MAY PROCEEC A-2008-134 UNTIL INSURANCE EXPIRES CLERK OF,GpUI 1C 2008 nnTF: �JJUULL O P13Q (<) CONSULTANT AGREEMENT lUl�1q 7kfV4c1 THIS AGREEMENT, made and entered into this 2"d day of June, 2008 by and between SAPPHOS ENVIRONMENTAL, 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 the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. 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, 2009, 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 B 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building and City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Sapphos Environmental, Inc. AA a-,[ Li_ �aCN�w�el I_11U&K4n-A+1ey 430 u, HAIW4d sf P t�a�sad+^{ta, C �ZllO Telefacsimile (626) 683-3548 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 proposal 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. ATE PATRICIA E. HE ALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: La a he. Assistant City Attorney CITY OF SANTA ANA i DAVID N. REAM City Manager SAPPHOS ENVIRONMENTAL, INC. G- MARIE C. AMPBE President Tax ID# -at J` "/-/ EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEDULE FIRM EXPERIENCE Sapphos Environmental, Inc. has more than 15 years of experience providing professional environmental and technical services to clients. Since the founding of the firm in 1992, Sapphos Environmental, Inc. has provided approximately $36 million in environmental and technical services for projects. Approximately 70 percent of those services, more than $21 million, have been in support of capital improvement projects and related operations and maintenance activities for public -sector clients. Although services have been provided to more than 100 public entities, 10 public -sector clients account for the majority of the services performed pursuant to as -needed contracts: • California Department of Transportation (Caltrans), District 8, San Bernardino and Riverside Counties • Metropolitan Water District of Southern California • Great Basin Unified Air Pollution Control District • Imperial Irrigation District • Los Angeles World Airports (LAWA) • County of Los Angeles, Chief Executive Office (CEO), Department of Parks and Recreation, Fire Department, and Department of Public Works • City of Los Angeles Bureau of Engineering • City of Long Beach • City of Huntington Beach • City of Irvine The remaining 30 percent of the firm's environmental and technical services have been in support of capital improvement projects and related operations and maintenance activities for more than 100 private -sector clients. Sapphos Environmental, Inc.'s relevant experience includes a host of services that the firm has completed for the types of services likely to be requested by the City of Santa Ana: • Environmental compliance, planning, and resource management services relating to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) • Planning, feasibility, and opportunities and constraints analyses • Preparation and implementation of Mitigation Monitoring Plans • Preparation of environmental and technical documents • Consultation with state and federal agencies in support of project compliance with applicable environmental regulations Sapphos Environmental, Inc. is committed to providing the City of Santa Ana (City) with the environmental consulting services required to support the sustained growth and development of the City. The following section of the Statement of Qualifications identifies Sapphos Environmental, Inc. key personnel and provides a summary table of key staff availability. This section includes a brief description of the managerial staff responsible for Sapphos Environmental, Inc.'s expertise in planning, resource management of biological resources and cultural resources, environmental compliance, hazardous materials compliance, and geographic information system (GIS), agency coordination, and quality control and quality assurance program, which ensures that all work efforts and products are procedurally and technically accurate. 1.1 KEY PERSONNEL, QUALIFICATIONS, AND RESUMES This section of the Statement of Qualifications identifies Sapphos Environmental, Inc. key personnel and subconsultants who would be available to the City to perform the as -needed environmental services, including specialized services related to environmental compliance, planning, air quality, biological resources, cultural resources, hazardous materials management, geology, GIS, hydrology, traffic, and noise assessments. The entire Sapphos Environmental, Inc. staff and technical professionals will be available to provide environmental services to the City of Santa Ana (Figure 1.1-1, Organization Chart). All technical work will be overseen by Ms. Jessica Rappaport, manager of the environmental compliance group, who will serve in the capacity of project manager for all work efforts completed for the City. She will be supported in the performance of these duties by Ms. Eimon Raoof, assistant project manager; Mr. Eric Charlton, manager of the planning and GIS group; Mr. Andre Anderson, manager of the hazardous materials compliance group; Dr. Irena APRIL 1 1. 2008 _ SAPPHOS ENVIRONMENTAL, INC. M:\QUALS\2008\0 147 1 -003\SEcnoN I FIRM EXPERIENCE.DOC EXHIBIT A i PAGE I - I 1 � - Mendez, manager of the biological resources group; Ms. Leslie Heumann, manager of the cultural resources group. and Ms. Marie Campbell, principal of Sapphos Environmental, Inc. and a state -recognized expert in the California Environmental Quality Act (CEQA) and National Environmental Policy Ad (NEPA). In addition, Sapphos Environmental, Inc. has retained subconsultants to provide technical support in the provision of environmental consulting services to the City. Resumes for key personnel are attached to this proposal (Resumes). 1.1.1 Project Manager Ms. Jessica Rappaport, manager of the environmental compliance group at Sapphos Environmental, Inc., would serve as the program manager for City work efforts. Ms. Rappaport has more than 10 years of experience in the environmental compliance field, including more than 8 years of experience preparing environmental compliance documents pursuant to CEQA and NEPA. She has managed the preparation of the environmental compliance documentation for more than 50 projects, including the Hyundai Automotive Test Course Environmental Impact Report (EIR) (California City, Kern County, California),,,the Owens Valley PM,o Planning Area Demonstration of Attainment State Implementation Plan (SIP) EIR (Bishop, Inyo County, California), and more than 30 new school construction projects for the Los Angeles Unified School District. Ms. Rappaport is currently managing a variety of projects for the County of Los Angeles, including the Vasquez Rocks Natural Area Park Interpretive Center EIR and the Marina Del Rey Affordable Housing Policy Negative Declaration (ND), and she is currently serving as the program manager for environmental compliance work efforts supporting the Rancho Los Amigos Specific Plan EIR for the County of Los Angeles. 1.1.2 Assistant Project Manager Ms. Eimon Raoof, environmental compliance coordinator, would serve as the assistant project manager for the City projects. With more than 4 years in the consulting industry, Ms. Raoof has served as a liaison to various agencies during projects that required her to assess their compliance with state and national environmental policies and standards. Ms. Raoof has led and provided support to research projects and to staff conducting site assessments and evaluating potential opportunities for mediation, program, and site development. While at Sapphos Environmental, Inc. Ms. Raoof has assisted in the preparation of EIRs, review of technical reports, and has contributed to the completion of other environmental documents critical to the environmental process. Ms. Raoof's project management expertise and ability to plan, develop, and execute activities and othet agency events has led to the successful completion of a significant number of projects over the years. Currently, Ms. Raoof is serving as the assistant project manager for a diverse group of projects, including an elementary school in the community of North Hollywood, a recreational facility in the City of Long Beach, a hospital in the City of Long Beach, and a wind energy project located in Kern County. 1.1.3 Strategic Consultant Ms. Marie Campbell, principal of Sapphos Environmental, Inc., is an environmental compliance specialist with more than 25 years of experience in managing all aspects of public- and private -sector projects requiring strategic planning, environmental compliance documentation, and resource management planning. In the past 15 years as president of Sapphos Environmental, Inc., Ms. Campbell has successfully coordinated more than 30 open-end contracts for environmental services for Caltrans, District 8; the Metropolitan Water District of Southern California; the County of Los Angeles Department of Parks and Recreation; the County of Los Angeles Department of Public Works; the City of Los Angeles Bureau of Engineering; LAWA; the City of Long Beach; the Great Basin Unified Air Pollution Control District; Southgate Recreation and Park District; and hundreds of individual contracts for both private -and public - sector clients. These contracts have involved coordination of multidisciplinary teams, including architecture and design firms, structural engineering, civil engineering, marketing and image consultants, geotechnical firms, hazards and hazardous materials, and traffic, transportation, and parking. Ms. Campbell has provided strategic advice and guidance to these clients related to compliance with CEQA and NEPA; demonstration of conformance with the federal Clean Water Act; consultation and permitting pursuant to the California Endangered Species Act (ESA), California Fish and Game Code, and the federal ESA; preparation and implementation of Mitigation Monitoring Programs (MMPs); and preparation and analysis of technical environmental reports, legislation, and regulations. Although the majority of projects for which environmental compliance documents have been prepared have not involved litigation, the strategic planning and compliance advice provided by Ms. Campbell has been critical to the APRIL 1 1, 2008 MAQUALS\2008\0I47I-003\SECTION I FIRM EXPERIENCE.DOC SAPPHO$ ENVIRONMENTAL, INC. PAGE 1-2 r. 1 I 1 J success of Sapphos Environmental, Inc.'s clients in each of the 11 cases ton 9 projects) that were subject to litigation. In each case, Sapphos Environmental, Inc.'s client prevailed and the project was able to proceed as analyzed. Ms. Rappaport and Ms. Campbell along with the assistance of Ms. Raoof, have access to all the resources of the firm to serve as key personnel to provide as -needed environmental services to the City, including in-house specialized expertise in biological resources, cultural resources, .hazardous materials management, GIS and planning, and production. 1.1.4 Subconsultants The subconsultant team will be led by Sapphos Environmental, Inc., which will be responsible for overall project management and administration of this services contract and will serve as the prime consultant providing environmental services including environmental consultation, NEPA and CEQA documents, technical documents (i.e., air quality studies, biological studies, cultural studies, hydrology and water quality studies, geological / soil studies, noise impact studies, and traffic studies) and other environmental services as requested. Sapphos Environmental, Inc. has selected key subconsultants to assist on an as -needed basis to enhance the team's capabilities for meeting the needs of the City (Table 1.1.4-1, Subconsultants). TABLE 1.1.4-1 SUBCONSULTANTS Diamond West, Inc. Leighton Consulting, Inc. Hydrology and water quality Geology and soils Terry Hayes and Associates LLC (TAHA) Noise Katz Okitsu Associates WON Corporation Transportation and traffic Diamond West, Inc. Diamond West, Inc. has been retained to evaluate issues related specifically to water quality and hydrology. Diamond West, Inc. has specialty teams that provide services for flood control and drainage, water and wastewater, land use planning, construction management, program management, traffic engineering, surveying and mapping, and subdivision and commercial development. Diamond West, Inc.'s water resources staff has extensive experience in drainage and flood control projects including hydrologic and hydraulic studies and analyses, master plans, and planning and designing facility infrastructure. Diamond West, Inc. prides itself in providing excellent service, immersing its services in document preparation as project partners with clients, and providing local and disciplinary expertise to successfully completing projects in accordance with the projects' objective. Leighton Consulting, Inc. Leighton Consulting, Inc. has been retained to assess any geotechnical-related analysis for the City. Leighton Consulting, Inc. has provided on -call geotechnical consulting services to the City of Santa Ana and is staffed with capable engineers and geologists who are prepared to offer innovative geotechnical solutions for difficult sites through detailed geological investigation, creative engineering design, and cost-effective construction of remedial measures. These services have been applied to private and public land development and construction sites for 46 years. The firm utilizes background information from years in practice to evaluate the conditions at a project quickly and accurately, based in part on the knowledge gained from work that was successfully completed in the past. TAHA TAHA has been retained to provide specialized services related to characterization and assessment of anticipated noise levels from construction, operation, and maintenance of City projects. Sapphos Environmental, Inc. has extensive experience working with TAHA for delivery orders prepared for various clients. TAHA has been providing public- and private -sector clients with environmental impact assessment services for more than 24 years. TAHA has extensive experience in the preparation of noise analysis for all types of environmental compliance documents required pursuant to CEQA and NEPA, including Initial Studies, EIRs, Environmental Assessments, and Environmental Impact Statements. With regards to acoustical studies, TAHA maintains certified and calibrated integrating sound - level meters to provide accurate field measurements, including noise equivalent and peak noise levels. TAHA estimates mobile source noise levels using the Federal Highway Administration RD-77-108 model, predicts stationary SAPPHOs ENVIRONMENTAL, INC. M:\pUALS\ZOOS\q 147 I -003\SECTION I FIRM EXPERIENCE.DOC PAGE 1-3 D. source (e.g., construction) noise levels using United States Environmental Protection Agency (USEPA) noise levels, and discusses noise / land use compatibility for sensitive land uses. KOA KOA has been retained to assist in the characterization and assessment of issues related to traffic and circulation. KOA's services will also be integral to the vehicular fleet and transportation components of the greenhouse gas emission analysis. Sapphos Environmental, Inc. has partnered with KOA on comparable studies prepared for the Los Angeles Unified School District. Founded in 1987, KOA is one of the leading traffic engineering and transportation planning and design firms in Southern California. KOA provides consulting services to the public and private sectors, and has five offices to serve California clients. KOA has provided engineering services for many of the largest public works and transit planning projects in California. With nearly 110 employees, the staff includes California -registered civil and traffic engineers. KOA traffic staff members are available to provide services in transportation planning and analysis, highway and infrastructure design, construction management, traffic signal and lighting design, storm drainage and design, intelligent transportation systems design, signing and striping plans, transit and rail planning, circulation and parking studies, parking design and analysis, traffic and parking impact studies, pedestrian and bikeway design, transportation modeling, travel demand forecasting and modeling, and work -site traffic control. 1.1.5 Staff Availability Table 1.1.5-1 presents the availability of the key personnel included in this section, as well as the Sapphos Environmental, Inc. managers who lead staff in the GIS / planning, cultural resources, hazardous materials, biological resources, environmental compliance, and production teams shown in their entirety in Figure 1.1-1. TABLE 1.1.5-1 STAFF AVAILABILITY Marie Campbell, Principal 25% Jessica Rappaport, Environmental Compliance Manager 45% Eimon Raoof, Environmental Coordinator 55% Eric Charlton, Planning and GIS Manager 35% Leslie Heumann, Cultural Resources Manager 25% Andre Anderson, Hazardous Materials Compliance Manager 20% Irena Mendez, Biological Resources Management Man a er 20% David Lee, Production and Information Technology Manager 25%° Michael Harrison, Vice President 15% Daniel Kim, Associate Engineer 60% Djan Chandra, Principal En ineer 25% Edward Burrows, Principal Geolo ist 25% Sam Silverman, Senior Environmental Scientist 25% Michael Sullivan, Assistant Planner 45% JeremX Ste hens, Assistant Planner 45% Rock Miller, Vice President/ Principal Engineer 10% Min Zhou, Senior Transportation Engineer 25% APRIL 1 1, 2008 M:\QUALS\2008\Q 1471-003\SECTION I FIRM EXPERIENCE -Doc SAPPHOS ENVIRONMENTAL, INC. PAGE 1-4 SCOPE OF SERVICES PROJECT UNDERSTANDING Sapphos Environmental, Inc. understands that the City of Santa Ana (City) requires the services of an environmental consulting firm to provide environmental services for the City of Santa Ana, Orange County, California. The proposed scope of services will include all work efforts related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). The proposed services will include the preparation of environmental and technical documents related to specified City projects and the coordination with the City as well as other consultants and agencies. A scope of work has been prepared in response to the details specified in the Request for Qualifications (RFQ) from the City of Santa Ana dated March 19, 2008. Project Approach At the beginning of each project, Sapphos Environmental, Inc. will evaluate the environmental implications of the project. This environmental characterization process will provide the firm and the City of Santa Ana with an initial and significant understanding of the project. As part of its project initiation process, Sapphos Environmental, Inc. will identify any environmental constraints and opportunities associated with each of the proposed projects that may be relevant to the development of that project. Sapphos Environmental, Inc. will ensure coordination with any and all interested parties as well as those parties identified by the City, to ensure that relevant parties are involved in the project and to guarantee the successful completion of each project. SCOPE OF WORK TASK 1 PROJECT INITIATION Work Efforts Upon receipt of written authorization to proceed, the Sapphos Environmental, Inc. senior project manager and project manager will attend a project initiation meeting with the City. The objective of this meeting will be to review the proposed scope of work for the specified project and to finalize the project schedule. At this same meeting, the City would be expected to provide Sapphos Environmental, Inc. with all previously prepared documentation (e.g., technical reports, environmental documents, aerial photographs, and site maps) relative to the proposed project. Sapphos Environmental, Inc. will prepare a Memorandum for the Record (MFR) for the proposed project that summarizes the project description, goals, and objectives as discussed in the project initiation meeting. Sapphos Environmental, Inc. will provide the City with weekly status e-mails and monthly status reports, accompanying the monthly invoice, which will define completed and upcoming work efforts and any significant issues and action items throughout the preparation of the environmental documents. Work Products • One (1) hard copy and one (1) electronic copy in portable document format (PDF) of the project initiation MFR • Weekly status a -mails • Monthly status reports TASK 2 NOTICE OF PREPARATION / NOTICE OF INTENT AND INITIAL STUDY / ENVIRONMENTAL ASSESSMENT Work Efforts Categorical Exemptions / Categorical Exclusions The first step in the environmental process under both CEQA and NEPA is to determine if an activity constitutes a project. Sapphos Environmental, Inc. will review the proposed activity with the City to determine if the activity constitutes a project requiring a discretionary action by a lead agency under CEQA or NEPA. Where an activity APRIL 1 1, 2008 SAPPHOS ENVIRONMENTAL, INC. M:\QUALS\2008\Q 1 47 1-003\SECTION 2\2A - SCOPE.DOC PAGE 2-1 constitutes a project, the second step in the process is to determine if the activity is adequately exempt under CEQA or categorically excluded under NEPA, and its eligibility to qualify under the exemption or exclusion. Initial Study / Environmental Assessment Where a project is not categorically exempt or categorically excluded, the third step in the environmental process is to determine the appropriate environmental document to be prepared to support the lead agency decision -making process. The Initial Study is the tool used under CEQA to assess the potential for a project to result in significant impacts requiring the consideration of mitigation measures, or the potential for significant impacts that may not be r able to be reduced below the level of significance thereby requiring the consideration of alternatives. The Environmental Assessment is the comparable assessment tool under NEPA. Under CEQA, a project with no significant impacts can be addressed in a Negative Declaration (ND), a project where impacts can be reduced below the level of significance with mitigation measures may be addressed in a Mitigated Negative Declaration (MND), projects with the potential for impacts that may not be able to be reduced below the level of significance require preparation of an Environmental Impact Report (EIR). Under NEPA, a project with no significant impacts may be addressed in a Finding of No Significant Impact (FONSI), a project where impacts can be re duced educed to below the level of significance with mitigation measures can be addressed in a Mitigated Finding of No Significant Impact, projects where impacts may not be able to be reduced to below the level of significance require preparation of an Environmental Impact Statement. Sapphos Environmental, Inc. will prepare an Initial Study (IS) on that responds to the Environmental Checklist Form consistent with the State CEQA Guidelines. The IS will address the 16 areas of analysis identified in Appendix G of the State CEQA Guidelines. Sapphos Environmental, Inc. would then submit a Screen Check Draft IS to appropriate internal commenting parties for review and comment. The City will provide one composite set of comments on the Screen Check Draft IS. As with the IS, an Environmental Assessment (EA) will be prepared for projects requiring federal discretionary permits, entitlements, authorization, federal funding or occurring on federal land. As required by NEPA regulations (40 CFR 1508.9), the EA will include a description of and the need for the proposed project; alternatives, the environmental impacts of the proposed project and alternatives, and a listing of agencies and persons consulted or coordinated with during the preparation of the EA. Sapphos Environmental, Inc. would then submit a Screen Check Draft EA to appropriate internal commenting parties for review and comment. The City will provide one composite set of comments on the Screen Check Draft EA. Sapphos Environmental, Inc. will respond to the comments provided by the City and prepare the IS / EA for public distribution and review. Sapphos Environmental, Inc. will conduct a galley proof meeting of the IS / EA with the City to ensure that their comments have been adequately addressed. Notice of Preparation / Notice of Intent Sapphos Environmental, Inc. will also prepare a Notice of Preparation (NOP) or Notice of Intent (NOI) of an EIR or Environmental Impact Statement (EIS) that fulfills the City's responsibilities as the Lead Agency pursuant to CEQA or NEPA, respectively. The NOP / NOI will include a brief description of the proposed project that the City expects to carry forward for detailed consideration. It will identify potentially significant environmental impacts associated with the proposed project that are expected to require the consideration of mitigation measures (as required). As with the IS / EA, Sapphos Environmental, Inc. will provide the City with one Screen Check Draft NOP / NOI and for review and comment and address any comments that the City may have. Sapphos Environmental, Inc. will review the NOP / NOI with the City during the same galley proof for the IS / EA to ensure that their comments have been adequately addressed. Sapphos Environmental, Inc. will be responsible for distribution of a Notice of Availability (NOA) of the NOP to local organizations, interested parties, and adjacent property owners within the vicinity of the proposed project site. Sapphos Environmental, Inc. also recommends that site posting and posting at one other location be performed to ensure maximum visibility of the NOP and encourage public participation in all City projects. APRIL 1 1. 2008 M:\QUALS\2008\Q 147 1 -003\SECTION 2\2A -SCOPE. DOC SAPPHOS ENVIRONMENTAL, INC. PAGE 2-2 J, - Negative Declaration, Mitigated Negative Declaration, Finding of No Significant Impact, Mitigated Finding of No Significant Impact Following the completion of the IS, it may be determined that a project is not expected to have any significant impacts in relation to CEQA or NEPA requirements. In the event that the project has no significant impacts, Sapphos Environmental, Inc. will coordinate with the City to prepare the relevant public notice to explain why the proposed project will have no expected significant impacts. For CEQA, this document is a ND or MND and for NEPA, this document is a FONSI or a Mitigated FONSI. Work Products • One (1) hard copy and one (1) electronic version in PDF of the Screen Check Draft NOP/IS for review and comment • One (1) hard copy and one (1) electronic version in PDF of the Screen Check Draft NOI/EA for review and comment • One (1) hard copy and one (1) electronic version in PDF of the final NOP/IS • One (1) hard copy and one (1) electronic version in PDF of the final NOI/EA TASK 3 DRAFT ENVIRONMENTAL IMPACT REPORT / DRAFT ENVIRONMENTAL IMPACT STATEMENT Work Efforts The scope of the EIR and/or EIS will be based on the findings of the Initial Study and/or Environmental Assessment. Those issues identified in the Initial Study or Environmental Assessment as having the potential for significant impacts will be called forward for detailed analysis. The Draft EIR will further evaluate the proposed project's potential significant environmental impact and identify mitigation measures and alternatives to avoid potential effects. The focus of the Draft EIR will be the potentially significant impacts to aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, utilities and service systems, and any feasible mitigation measures capable of avoiding, reducing, or compensating for the significant impacts of the proposed project. The Draft EIR will contain an introduction, project summary, environmental setting, environmental impacts (direct, indirect, and cumulative), and a discussion of alternatives and mitigation measure as described above. In addition, the report will include report preparation resources and appendices. Sapphos Environmental, Inc. will complete and transmit the Notice of Completion (NOC) to both the City and the Governor's Office of Planning and Research (OPR). Following the completion of the EA, the Draft EIS will include in detail a description of the proposed project (action), the purpose and need for the proposed action, discussion of alternatives, the affected environment, environmental consequences of the proposed action' and alternatives to the consequences, and the required mitigations or recommendations for best management practices (BMPs). The Draft EIS will be similar to the EIR in content and scope, although its focus is described as the potential for the proposed project to have impacts to land development, socioeconomics, community facilities and services, natural features, and other factors. Furthermore, per NEPA requirements, the EIS will thoroughly evaluate all reasonable alternatives to provide a clear basis for the choice of action, avoid discussion of impacts that are considered too speculative, and assess the potential socioeconomic impacts of the proposed project. Sapphos Environmental, Inc. will ensure that coordination with all federal agencies and environmental laws to ensure compliance with any and all actions that require federal review. For each of the 16 technical issue areas determined to have the potential for significant impacts, Sapphos Environmental, Inc. will provide a detailed scope of services that will describe: • Regulatory Framework: federal, state, and local statutes and regulations that will be considered in the environmental analysis • Baseline Conditions: literature review, agency consultation, outreach to stakeholders, field work, and modeling that will be undertaken to characterize baseline conditions of the proposed project site APRIL 1 1, 2008 SAPPHOS ENVIRONMENTAL, INC. MAQUALS\2008\0 1 47 1-003\SECnON 2\2A - SCOPE.DOC PAGE 2-3 Significant Thresholds: qualitative and quantitative thresholds that will be used to assess the significance level of the direct, indirect, and cumulative impacts of the proposed project Impact Analysis: description of the processes, including use of computer simulation and models and general plan consistency determinations that will be used to qualitatively and quantitatively characterize the anticipated impacts of the proposed project Mitigation Measures: the scope of feasible attributes that will be considered to reduce the impacts of the proposed project to below the level of significance The City will be provided with a Screen Check Draft EIR / EIS and will provide Sapphos Environmental, Inc. with a composite set of comments on the EIR / EIS. Sapphos Environmental, Inc. will respond to the City's comments and the City will have an opportunity to ensure that their comments have been adequately addressed during a galley proof of the Draft EIR / EIS. Sapphos Environmental, Inc. will also prepare a notice of the Draft EIS to be filed with the Environmental Protection Agency (EPA) and the Federal Register will be notified. Work Products • One (1) hard copy and one (1) electronic version in PDF of the Screen Check Draft EIR for review and comment • One (1) hard copy and one (1) electronic version in PDF of the Screen Check Draft EIS for review and comment • One (1) hard copy and one (1) electronic version in PDF of the final Draft EIR • One (1) hard copy and one (1) electronic version in PDF of the final Draft EIS TASK 4 RESPONSES TO COMMENTS Work Efforts This scope of services includes response to a maximum of fifty (50) substantive public or agency comments. Coordination will be undertaken with City and Sapphos Environmental, Inc. staff in the preparation of responses to the comments received on the Draft EIR / EIS. The format of the Final EIR /EIS will feature clarifications and revisions to the Draft EIR / EIS developed as a result of the public review period and letters of comment organized by federal, state, regional, and local agencies and organization, followed by individual and topical responses to the issues raised. The Final EIR / EIS will include all correspondence with a double cross-reference system, whereby there is a response to each comment submitted during the public review and comment period. The Final EIR / EIS shall include clarifications and revisions to the Draft EIR / EIS resulting from response to comments. Sapphos Environmental, Inc. will provide the City with a Screen Check Response to Comments for review and comment. The City will provide Sapphos Environmental, Inc. with a composite set of comments on the Screen Check Response to Comments. Sapphos Environmental, Inc. will respond to any City comments and prepare the Final Response to Comments. The City will have the_ opportunity to verify that their comments have been adequately addressed in a galley proof meeting. Work Products One (1) hard copy and one (1) electronic version in PDF of the Screen Check Response to Comments for review and comment One (1) hard copy and one (1) electronic version in PDF of the final Response to Comments TASK 5 FINAL ENVIRONMENTAL IMPACT REPORT / ENVIRONMENTAL IMPACT STATEMENT Work Efforts At the close of the 45-day Draft EIR review period, Sapphos Environmental, Inc. will meet with the City to review comments on the EIR. The Draft EIS will include a 30-day public review period during which time agencies and interested parties can provide comments to the Lead Agency regarding the Draft EIS. APRIL 1 1 , 2008 $APPHOS ENVIRONMENTAL, INC. M:\QUALS\2008\Q 147 1-003\SECTION 2\2A -SCOPE. DOC PAGE 2-4 Sapphos Environmental, Inc. will provide the City with a Screen Check Final EIR / EIS for review and comment. The City will provide Sapphos Environmental, Inc. with a composite set of comments on the Screen Check Final EIR / EIS. Sapphos Environmental, Inc. will respond to any City comments and prepare the Final EIR /EIS. The City will have the opportunity to verify that their comments have been adequately addressed in a galley proof meeting. Sapphos Environmental, Inc. will prepare the Notice of Determination (NOD) for distribution to the required parties. Sapphos Environmental, Inc. will submit a Screen Check NOD to the City for review and comment. Sapphos Environmental, Inc. will incorporate comments and prepare the NOD. The City will have the opportunity to verify that their comments have been adequately addressed in a galley proof meeting. Sapphos Environmental, Inc. will attend the final public hearing regarding the certification of the EIR. Work Products • One (1) hard copy and one (1) electronic version in PDF of the Screen Check Final EIR for review and comment • One (1) hard copy and one (1) electronic version in PDF of the Screen Check Final EIS for review and comment • One (1) hard copy and one (1) electronic version in PDF of the Final EIR • One (1) hard copy and one (1) electronic version in PDF of the Final EIS TASK 6 FINDINGS OF FACT AND STATEMENT OF OVERIDING CONSIDERATIONS Work Efforts Sapphos Environmental, Inc. will prepare the Findings of Fact and Statement of Overriding Considerations (FOF/SOC) (if unavoidable significant impact occurs) for each significant effect identified in the EIR, pursuant to Sections 15091 and 15093 of the State CEQA Guidelines. As required by the State CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. The SOC, if required, will rely on input from the City regarding the public benefits of the proposed project. Copies of the Screen Check FOF/SOC will be provided to the City for review and consideration. The Screen Check FOF/SOC will be prepared and reviewed concurrent with the preparation of the Final EIR. The City will provide Sapphos Environmental, Inc. with a composite set of comments on the Screen Check FOF/SOC. Sapphos Environmental, Inc. will'respond to any City comments and prepare the Final FOF/SOC. The City will have the opportunity to verify that their comments have been adequately addressed in a galley proof meeting. Work Products One (1) hard copy and one (1) electronic version in PDF of the Screen Check FOF/SOC for review and comment One (1) hard copy and one (1) electronic version in PDF of the final FOF/SOC TASK 7 RECORD OF DECISION Work Efforts Sapphos Environmental, Inc. will prepare the Record of Decision (ROD) to explain why the federal agency has taken a particular action. The ROD will include a statement explaining the decision; explanation of other alternatives that were considered and rejected; a description of social, economic, and environmental factors considered by the agency in making its decision; a summary of any mitigation measures that were adopted and an explanation for any that were not adopted; and a monitoring / enforcement program for any adopted mitigation measures. Work Products One (1) hard copy and one (1) electronic version in PDF of the Screen Check ROD for review and comment One (1) hard copy and one (1) electronic version in PDF of the final ROD APRIL 1 1 , 2008 SAPPHOS ENVIRONMENTAL, INC. M:\QUALS\2008\Q 147 1 -003\SECTION 2\2A - SCOPE.DOC PAGE 2-5 . t TASK 8 MITIGATION MONITORING PROGRAM Work Efforts The Screen Check Mitigation Monitoring Program (MMP) will be prepared concurrently with the preparation of the Final EIR or EIS as required. The Screen Check MMP will be designed to ensure compliance with mitigation. In coordination with the City, the Screen Check MMP will be prepared for mitigation measures that address significant impacts or are proposed to be adopted as conditions of approval. The Screen Check MMP will include alternatives that will 1) eliminate adverse impacts requiring mitigation and provide recommended mitigation measures; 2) identify the net unmitigated adverse impacts; 3) identify the responsible implementation agency; and 4) identify the enforcement agency, monitoring agency, and monitoring phase. Sapphos Environmental, Inc. will provide the City with copies of the Screen Check MMP. The City will prepare a composite set of comments on the Screen Check MMP. The City will have the opportunity to verify that their comments have been adequately addressed in a galley proof meeting. Work Products One (1) hard copy and one (1) electronic version in PDF of the Screen Check MMP for review and comment One (1) hard copy and one (1) electronic version in PDF of the final MMP TASK 9 TECHNICAL REPORTS Work Efforts Sapphos Environmental, Inc. will prepare environmental documents, and technical reports for City projects as required. The scope of the technical reports will be refined according to the project. The technical reports will be attached as appendices to the appropriate environmental document. The following is a brief description of the technical reports that Sapphos Environmental, Inc. will prepare in-house or facilitate. Air Quality Study Sapphos Environmental, Inc. will review and prepare an air quality technical analysis that evaluates potential direct, indirect, and cumulative air quality impacts in order to ensure compliance with all regional, state, and federal air quality standards. The study would include a review of all local and regional guidelines and thresholds of significance for criteria pollutants. The air quality technical analysis will also evaluate potential impacts to global climate change The California Air Resources Board's land use emission model, URBEMIS 2007, will be used for calculating air emissions. Biological Study Sapphos Environmental, Inc. will prepare all biological resources analyses required for City projects. Biological studies will analyze whether the proposed project would have a substantial adverse effect on any species identified as listed, sensitive, or candidate, as well as on riparian habitat or other sensitive natural plant community, federally protected wetlands as defined by Section 404 of the Clean Water Act, wildlife corridor movement, and any local policies, ordinances, habitat conservation plans or natural community conservation plans. The biological studies will entail site surveys as necessary, and will evaluate biological resources in accordance with goals and policies contained in the Orange County General Plan, California Natural Diversity Database (CNDDB), California Department of Fish and Game (CDFG), U.S. Geological Survey (USGS), and the City general and community. plans as required. Cultural Resource Study Sapphos Environmental, Inc. will assess cultural resources related to City projects. Cultural resources studies will include a records search and literature review to determine the presence of any known cultural resources and unique paleontological resources, a field visit of the proposed project area to define the area of potential effects and inspect the proposed project site, preparation of the appropriate California Department of Parks and Recreation forms (DPR APRIL 12008 M:\DUALS\2008\0 147 1 -003\SECTION 2\2A - SCOPE.DOC SAPPHOS ENVIRONMENTAL, INC. PAGE 2-6 s 523 Series), and consultation with the Native American Heritage Commission. The cultural resources technical report will be evaluated based upon relevant cultural / historical data and guidelines and will conform to all CEQA standards. Geological / Soil Study Leighton Consulting, Inc. has been retained to evaluate and prepare all .geological and soil technical data related to projects within the City. The geotechnical assessment must be performed in general accordance with the guidelines set forth by the California Geological Survey (CGS) in Notes 46 (Guidelines for Geologic/Seismic Considerations in Environmental Impact Reports, for preparation of Environmental Impact Reports and with CEQA guidelines. The California Geological Survey Note 46 includes a preliminary assessment of the seismic and geologic hazards that might affect a site and any proposed development. The assessment will include a review of available geotechnical reports and photographs pertinent to the site and geologic reconnaissance of the site. From this data and review, general geologic maps of the site conditions and a report to providing a general summary of the geologic conditions at the site pertinent to the proposed development will be prepared. The summary report will address the following: • Description of the site, proposed development, and general site geology; • Geologic mapping of the site based on regional map. Based on generalized data, the potential for the presence of expansive soils will be discussed; • Identification of potential geologic and seismic hazards including compressible soils, strong ground shaking, soil liquefaction, lateral spreading, seismically induced settlement, landslide and faulting Hydrology / Water Quality Study or Water Assessment Study Diamond West, Inc. has been retained to complete any hydrology or water quality studies or reports pursuant to relevant environmental standards and those designated by City, regional, state and federal guidelines. Projects will also be analyzed against current and pending National Pollutant Discharge Elimination System (NPDES) permits relative to Standard Urban Stormwater Mitigation Plan (SUSMP) (MS4 permit) and construction activity issues. The hydrology / water quality study or water assessment study prepared by Diamond West, Inc. would include an assessment of flood control and drainage, water and wastewater, drainage and flood control, and hydrologic and hydraulic studies and analyses as required. These reports would utilize the technological resources to prepare simple design reports using the Orange County Rational method or large scale analysis utilizing the Orange County Unit Hydrograph methodology. All of the work will be prepared using a GIS-based approach to more clearly disseminate information to local agencies or to the public. Noise Study Terry A. Hayes and Associates (TAHA) has been retained to survey and analyze noise and vibration with regards to City projects. The studies prepared by TAHA will be in accordance with established City, state, and federal guidelines and requirements for noise and vibration levels. The assessment of noise will focus on the potential for the proposed project to result in exceedance of the standards for noise established in local ordinances, exposure to excessive ground -borne vibration, substantial permanent increase in ambient noise levels, substantial temporary increases in noise levels, or exposure of people residing or working in new structures to excessive noise from public or private airports. Ambient noise levels will be characterized in accordance with the Community Noise Compatibility Criteria established in the California Department of Health Guidelines for the Preparation and Content of Noise Elements of the General Plan. Modeling will be undertaken to assess anticipated noise levels in association with the proposed project. The location of the proposed project in relation to the nearest public and private airstrip will be established. Noise modeling will be undertaken in areas of the proposed project site that are located within 2 miles of a public or private airstrip to assess the exposure of people residing or working in proposed structures to aircraft noise. Traffic Study Katz Okitsu Associates (KOA) Corporation has been retained to analyze transportation and traffic in relation to City projects. The tasks conducted by KOA will be consistent with the study requirements per the City, state, and federal APRIL 1 1, 2008 SAPPH05 ENVIRONMENTAL, INC. MAQUALS\2008\Q 147 I -o03\SECTION 2\2A - SCOPE.DOC PAGE 2-7 guidelines and procedures for traffic studies. The assessment of transportation and traffic will focus on the potential for implementation of the proposed project to result in a substantial increase in traffic, exceed the established level -of - service standards, result in impacts on existing air traffic patterns, create traffic hazards (such as sharp curves or dangerous intersections), result in inadequate emergency access, or result in inadequate parking capacity. KOA will complete a traffic study documenting impacts associated with construction and operation of the proposed project. KOA will take the appropriate existing traffic counts that will be used to identify project impacts. KOA will also collect related project information in the vicinity of the proposed project area. Short-term impacts of construction on traffic during implementation of the proposed project will be analyzed and addressed in conformance with the defined construction scenario. The traffic study will be prepared in conformance with the local jurisdiction's requirements. Work Products One (1) hard copy and one (1) electronic version in PDF of the Screen Check Technical Reports for review and comment One (1) hard copy and one (1) electronic version in PDF of the final Technical Reports TASK 10 MEETING ATTENDANCE AND DATA COLLECTION Work Efforts Sapphos Environmental, Inc. will attend project -related meetings at the request of the City. Sapphos Environmental, Inc. understands that these meetings will be scheduled by the City. Sapphos Environmental, Inc. will also attend appropriate City Commission, City Council, and neighborhood meetings as required. Sapphos Environmental, Inc. has extensive experience preparing for and facilitating city and community meetings. Sapphos Environmental, Inc. will prepare a meeting MFR for each meeting attended, which will describe the meeting outcome and action items as discussed during the meeting. The meeting MFR will be provided to the City for their records. In addition, Sapphos Environmental, Inc. will be responsible for the retention of any project -related documents and data provided by the City or attained by Sapphos Environmental, Inc. staff or consultants during the course of the contract with the City to provide a centralized and cohesive source to collect and dispel information. Work Products Meeting MFRs APRIL 1 1, 2008 SAPPHOs ENVIRONMENTAL, INC. MAQUALS\2008\0I 47 1-003\SECTION 2\2A - SCOPE.DOC PAGE 2-8 2006 STANDARD SCHEDULE OF FEES Sapphos Environmental, Inc. provides consulting services in planning, resources management, and environmental compliance. Sapphos Environmental, Inc.'s schedule of fees reflects a commitment to continue providing clients with high -quality technical expertise at competitive rates. Compensation will be based on the following schedule of fees and charges: HOURLY LABOR RATES Principal $200.00 COO $200.00 Biological Resources and Cultural Accounting Resources Management Group Senior Accountant $75.00 Director $175.00 Lead Accountant $65.00 Manager $160.00 Accountant $60.00 Senior Specialist $140.00 Assistant Accountant $55.00 Specialist $115.00 Senior Coordinator $95.00 Production Coordinator $80.00 Manager $120.00 Analyst $65.00 Senior Technical Editor/ Intern $55.00 Senior Graphic Designer $90.00 Technical Editor/Graphic Designer $70.00 Environmental Compliance, Planning, Assistant Technical Editor/ Hazardous Materials, GIS Group Assistant Graphic Designer $60.00 Director $175.00 Manager $160.00 Administration Senior Specialist $140.00 Manager $90.00 Specialist $115.00 Specialist $65.00 Senior Coordinator $95.00 Associate $60.00 Coordinator $80.00 Assistant $55.00 Analyst $65.00 Intern $55.00 Intern $55.00 Information Technology Analyst $90.00 DIRECT EXPENSES Direct expenses are bille&at the amount charged. 1. Out-of-pocket expenses (such as, but not limited to, travel, teleconference, messenger service, lodging, meals, blueprint, reproduction, photographic services, postage, research fees, lease or rental of specialized job specific equipment): cost, as charged to Sapphos Environmental, Inc. 2. Subcontractors fees plus 10-percent management fee. 3. Vehicle mileage: Four -wheel -drive vehicles at $0.70 per mile; passenger cars at $0.505 per mile. 4. Photocopy/printing (black and white): $0.11 per page (8.5" x 11 "), $0.16 per page (8.5" x 14"), or $0.25 per page (11" x 17"). 5. Photocopy/printing (color): $1.00 per page (8.5" x 11 "), $1.50 per page (8.5" x 14"), or $2.00 per page (11" x 17"). 6. Plotter: $1.00 per square foot (black and white) or $ 8.00 per square foot (color) 7. Facsimile: $1.00 per page. Charge does not apply to materials received via facsimile from client. 8. Technology: global positioning system (GPS) equipment: $80 per day; sound -level meter kit: $75 per day; digital projector: $25 per day; notebook computer: $10 per day; digital camera: $5 per day; large -format camera equipment: $175 per day. 9. Overnight delivery: $25 flat rate per delivery. This does not include messenger service. PAYMENT TERMS Sapphos Environmental, Inc. invoices are due for payment at the time when they are issued to the client. Sapphos Environmental, Inc. allows 30 days from the issue of invoice to resolve client questions and for timely processing and handling. Interest is charged for late payments in accordance with the following schedule: • 30 days (or any portion thereof) past due: 1.8 percent • 60 days (or any portion thereof) past due: 3.6 percent • 90 days (or any portion thereof) past due: 5.4 percent • 120 days or greater past due: referred to collections. Interest accrues at 1.8 percent for each 30-day period (or portion thereof) that the invoice remains unpaid. APRIL 1 1, 2008 SAPPHOS ENVIRONMENTAL, INC. M:\QUALS\2008\Q 147 1-003\SECTION 2\2C - SCHEDULE OF FEES.DOC PAGE 2-1 1 EXHIBIT B 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 , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM/DD/YYYY) SAPPH-2 07 03 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo of California (enc) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ins Services, Inc. Lic#0352275 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15303 Ventura Blvd., 7th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sherman Oaks CA 91403-3197 Phone:818-464-9300 Fax:818-464-9398 INSURERS AFFORDING COVERAGE NAIC# INSURED A-2008-134 INSURER A: Golden Eagle Insurance Corp. INSURER B: Peerless Ins Co INSURERC: Granite State Insurance Co Sappphos Environmental, InC. INSURERD: Houston Casualty 43D N. Halstead St. Pasadena CA 91107 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDI POLICY EXPIRATION DATE MMlDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FRI OCCUR BOP9866444 06/20/08 06/20/09 PREMISES(Eaoccurence) $500,000 MED EXP (Any one person) $ 5 , O O O PERSONAL & ADV INJURY $ INCLUDED GENERAL AGGREGATE $ 2, OOO, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 X POLICY PRO LOC JECT El B AUTOMOBILE LIABILITY ANY AUTO IRA9868118 06/20/08 06/20/09 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 � � X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLALIABILITY EACH OCCURRENCE $4,000,000 A X I OCCUR EICLAIMSMADE CU9866644 06/20/08 06/20/09 AGGREGATE $4,000,000 $ DEDUCTIBLE X RETENTION $ 10 , 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC5560277 03/01/08 03/01/09 X TWG LIMITS ER E.L. EACH ACCIDENT $ 1 000 000 i i E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER D Professional H70813516 06/21/08 06/21/09 Limits $3,000,000 Liability Ded $10,000 DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: City of Santa Ana Planning Division. *10 days notice of cancellation for non-payment. lets 7111111 Pft11 I ----m;Lai A■JP: ovu, rNa m w,% I rdbi., CCCCCCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana Planning Division Attn: Bill Apple DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. BOX 1988 M-20 REPRESENTATIVES. Santa Ana CA 92702 ATIVE/A AnOR12 REPRESEt{T[(/ //W. --wmV 40 `LVV 1/VOI V ACORU CORPORATION 1938 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. MVVRV L.71LVV Iluo)