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HomeMy WebLinkAboutPBS&J 3aCity of Santa. la Clerk of the Council } AGREEMENT TERMINATION FORM COTC Office Use Only Please complete this form when the attached agreement and all . ' ' 22 amendments (if any) are no longer in effect. C,T t o(� f 50a E A h tt . Return form to the Clerk of the Council Office (M-30). # ? ` nr P, 1 F1 Call 647-6520 if you have any questions. The agreement with 1 f S ,/� tag) (3a) No. /*^�(jo�— )2 oO Oo was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: w02y1 Phone/Ext.: A27-12 Signature:/ Date: Revised 08-23-10 b1/ MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero January 12, 2010 Rita Kshirsagar Thomas PBS&J 12301 Wilshire Blvd, Ste. 430 Los Angeles, CA 90025 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 • Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org A-2008-128-001 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar Re: Agreement No. A-2008-128 with the City of Santa expiring June 30, 2009 ("the Agreement")/Extension of Term Dear Rita Kshirsagar Thomas Pursuant to the provisions of paragraph 3 of the Agreement referenced above, the term of the Agreement is hereby extended from June 30, 2009, to and until June 30, 2010. Except as provided in this letter, all terms and conditions of the Agreement shall remain in full force and effect. Very truly yours, 1 1-// 1�� JA M. VINO, AICP ECUTIVE DIRECTOR PLANNING AND BUILDING AGENCY Approved As To Form: JOSEPH W. FLETCHER, CITY ATTORNEY By Benj in finan, C of Assistant City Attorney cc:; B Apple, Associate Planner Tonia Zerba, Senior Accounting Assistant Clerk of the Council's Office ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE 1 Y) 9/30/2010 PRODUCER Lockton Companies, LLC-1 Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED POST, BUCKLEY, SCHUH AND JERNIGAN, INC. 1307320 DBA PBS&J 2001 NW 107 AVENUE MIAMI FL 33172-2507 INSURER A: LLOYDS OF LONDON A XV INSURER B: INSURER C: INSURER D: INSURER E: Dn THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS , AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. 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. INSRIADD'LI LTR INSROI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE XXXXXXX DAMAGE TO RENTED PREMISES Ea occurence $ XXXX{X COMMERCIAL GENERAL LIABILITY NOT APPLICABLE MED EXP (Any one person) $ XXXXXXX CLAIMS MADE MOCCUR PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED LIMIT $ XXXXXXX ANY AUTO NOT APPLICABLE )INGLE ccid Eaa accident) ALL OWNED AUTOS BODILY INJURY $}Q{Xj{j{ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ XXXXXXX NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ H(Per accident) XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE EA ACC $ XXXXXXX OTHER THAN $ XXXXXXX AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX AGGREGATE $ }_{}Q{XXX OCCUR F—ICLAIMS MADE NOT APPLICABLE $ XXXXXXx a UMBRELLA $ XXXXXj x DEDUCTIBLE FORM $ }{XX}{xxx RETENTION $ WORKERS COMPENSATION AND NOT APPLICABLE WC STATU- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ XXXXXXX ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ XXXX7O{X OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT $ XXXXXXX SPECIAL PROVISIONS below A OTHER LDUSA0900811 9/30/2009 9/30/2010 $1,000,000 EACH CLAIM & A CLAIMS -MADE FORM $1,000,000 ANNUAL AGGREGATE. PROFESSIONAL/POLLUTION 11/11/1961 RETRODATE. LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: PBS&J JOB NO. 100012896 AppgOV,ED TO FO� EX-0 O CERTIFICATE HOLDER /1, / / 1/ f AWgri LATION 10784393 1 AM N p�/ A �SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SANTA ANA ,r Ch Att rDATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: LUCY LINNAUS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 20 CIVIC CENTER PLAZA M20 J IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. BOX 1988 REPRESENTATIVES. SANTA ANA CA 92702 AUTHO�PRESENTATIVE ACORD 25 (2001108) For questions regarding this certificate, contact the number listed in ths'Producer'se�tlen above. dr, or © ACORD CORPORATION 1988 ACORD2/01M CERTIFICATE OF LIABILITY INSURANCE MIDDIYY) 02/0l/10 PRODUCER 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Omaha, NE 68130 INSURERS AFFORDING COVERAGE INSURED INSURERA:Zurich American Insurance Com an /#16535 Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J INSURER _B:American Guarantee and Liability Ins. Cc / #26247 2001 NW 107th Avenue INSURER C:Steadfast Insurance Company/#26387 Miami, FL 33172-2507 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY GLO 9139458-03 09/30/09 09/30/10 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 25,000 CLAIMS MADE 1�1 OCCUR PERSONAL BADVINJURY $1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO X LOC B AUTOMOBILE X LIABILITY ANY AUTO BAP 9139457-03 09/30/09 09/30/10 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ X Contractual Liability GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG C EXCESS LIABILITY AUC 508762104 09/30/09 09/30/10 EACH OCCURRENCE $ 25,000,000 AGGREGATE $25,000,000 X OCCUR � CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ 0 A WORKERS COMPENSATION AND WC 9139459-03 09/30/09 09/30/10 X WCSTATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER E $ $ - DESCRIPTION OF-OPERATIONS}LOGATIONSIVEHICLESIEXCLUSIONS ADDEDBYENDORSEMENTISPECIAL. PROVISION$. RE: Environmental Study and Related Technical Study Services. Environmental Study and Related Technical Study Services, The City of Santa Ana it officers, employees, agents, volunte volunteers and representatives are Additional Insureds on the General Liability, if required by contract, with respect to the operations of the insured on the above listed project. GEKTII-IUA I E FIULUEK I I ADDITIONAL INSURED; INSURER LEI IEK: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Santa Ana, City Of APPROVED + a f� D7�/� DATE THEREOF, THE ISSUING INSURER WILL 'KY4 MAIL 30 DAYS WRITTEN APROV D AS TO FORM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WACJ AM"31IK XV00mo:KX Attn: Bill Apple 1G1i K1f#�SXI�i61iXA41iN11WIIf1f�AEi24>�]tlii'�BiiX 20 Civic Center Plaza P.O. sox 1988 M-20 r' I J�� XIEtiWEiCXXXXXXXXXXXXXX,XhXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Santa Ana, CA 92702 / AUTHORIZED REPRESENTATIVEj�y,<�/� BE JAMMAKAUFMAN ACORD 25-5 (Tl9T) eaornn SIS an I ttOCney ®ACORD CORPORATION 1988 14JZDZgI I 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. 25-S (7/97) J DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 02/01/10 I NAME OF INSURED; Post, Buckley, Schuh & Jernigan, Inc. I d/b/a PBS&J Additional Insured on the General Liability & Auto Liability on a Primary & Non -Contributory basis, including completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project Blanket Additional Insured Lessor/Lose Payee on the Auto Liability. Waiver of Subrogation on the General Liability Auto Liability, and Workers Compensation "Where Required by Contract". Umbrella follows form to the Additional Insureds on the General Liability. NOTICE OF CANCELLATION WORDING: SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE. SUPP( Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b/a/ PBS&J ICI ZURICH Policy No, Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AWL Prem Return Prem, GLO9139458-03 09/30/09 1 09/30/10 09/30/09 $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2 We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and U-GL-I 175-A CW (9/03) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page I of 2 b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: l . We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. Name of Person or Organization: Environmental Study and Related Technical Study Services, The City of Santa Ana it officers, employees, agents, Volunteers and representatives 20 Civic Center Plaza M20 PO Box 1988 Santa Ana, CA 92702 RE: Environmental Study and Related Technical Study Services. U-GL-1175-A CW (9/03) Page 2 of 2 /Z"//'/� City of Santa Ana Planning and Building Agency Environmental Consultant Authorization Form Project Name: Transit Zoning Code (revision to Renaissance Specific Plan) Project Address (if applicable): Consultant Name: PBS&J Agreement No. (if applicable): A-2008-128-001 Staff has carefully reviewed the Scope of Work proposal by the above -mentioned consultant dated January 2010 (attached). We do hereby authorize the above -mentioned consultant to commence work as indicated within the terms and conditions of this proposal. ® Environmental Consultant Services Special Account Balance: BALANCE AMOUNT Staff has confirmed that the total aggregate amount ($2,000,000) of the special deposit account for contracted environmental services (account no. 96-&-36'1Z) has not been overdrawn for fiscal year 2008-2009. ® Amount of Contract: $186,816, plus reimbursables ® Funding Source ❑ Private (Developer) - Account No.: ® Public (City Agency) - Account No.: Various - TBD ❑ City Attorney Review / Approved as to Form Date ® Agreement, Liability Insurance and Workers Compens tion Insurance Staff has confirmed that all required agreements, liability insurance compensation insurance has been submitted and is current. and workers ® Developer/Applicant Consultant Authorization Staff has obtained authorization from developer/applicant/City Agency to hire the above - mentioned consultant firm (attach authorization letter from developer/applicant). Project Planner / Manager Date 42_� t- 2tp - to Department Manager 0 Date Authorization: Jay Trevino, Executive Director, City of Santa Ana Planning & Building Agency --Z(o -[O Date Attachment A Proposal to Prepare the Transit Zoning Code (SD 84A and SD 84B) EIR January 2010 SECTION 1 Project Understanding This attachment and revised scope of work and fee presents a means to complete a major revision to the existing Administrative Draft EIR for the Renaissance Specific Plan that was completed in 2007. The update will reflect the fact that the project no longer consists of a specific plan, but rather two combined Specific Developments (84A and 84B), as well as the demolition of approximately 30,000 square feet of existing structures, the construction of 220 affordable housing units and a community center on 7.5 acres of land. The revised project is known hereafter as Transit Zoning Code (SD 84A and SD 84B). The Transit Zoning Code (SD 84A and SD 84B) consists mainly of the same project area as the former Renaissance Specific Plan with the exception that the area located on the south side of the planning area that was carved out in the previous plan, is now being analyzed in this EIR and is seeking approval as SD 84B. The revised project includes the preparation of a revised Traffic Study (to be performed by KOA Corporation), new air quality and noise modeling, a complete revision of the Water Supply Assessment, and new Greenhouse Gas analysis. In addition, the changes in land use and densities, buildout assumptions, the aforementioned demolition and construction project, as well as the revised project boundary will be reflected throughout the EIR as necessary. During the revision, PBS&J will also update each section as necessary to reflect any changes in regulatory framework or new conditions not previously analyzed. The following scope of work includes the aforementioned revisions to the EIR and starts where the former project left off; after the delivery of the Renaissance Specific Plan Administrative Draft EIR version 1. Unbilled fees remaining in the former contract that are required to complete the EIR as well as fees for the revisions to the Administrative Draft EIR and revised technical analysis are included. SECTION 2 Scope of Services and Task Descriptions PBS&J had previously prepared the Administrative Draft EIR for the project. PBS&J will take responsibility for the required revisions to the EIR, revised technical analyses, data compilation, impact assessment, development of mitigation measures, report compilation and distribution, monitoring and review for CEQA adequacy, preparation of all required notices, attendance at public meetings and hearings, response to public comments, coordination between City staff and the EIR project team, and the preparation of a mitigation monitoring plan. Katz, Okitsu & Associates (KOA) will revise their original traffic study prepared for the project at the request of the City. Report format and content will be in full compliance with CEQA (as amended through the date of submittal of the draft EIR), the CEQA Guidelines (also as amended through the date of submittal of the draft EIR), and the City's environmental guidelines and procedural requirements. General EIR organization will include a discussion of existing conditions, impacts, and mitigation measures for each affected issue area. Text will be supplemented with graphics and summary tables, as necessary, to present information in a concise and easily understood format. Work products will consist of professionally photocopied reports (on recyclable paper, double -sided) in comb bindings, unless the City requests other presentation formats. All work products will also be submitted in electronic format on CDs and will be prepared using Microsoft Word for all documents. For purposes of this scope of work, schedule, and budget, it is assumed that the environmental document will be prepared at a programmatic level of detail for the Transit Zoning Code (SD 84A and SD 84B) as well as at a project -level for the proposed housing development, to the extent that available information and data permits. Refer to Section 3 of this proposal for a detailed description of the proposed EIR schedule and associated products/deliverables, and refer to Section 4 of this proposal for our estimated fee. a. Task 1 Project Initiation and Organization The objectives of this task are to compile the relevant background data and reports, outline revisions to the project, compile a list of updated cumulative projects, identify all discretionary actions, establish early communication among various project team members, and familiarize the PBS&J project team with the issues and concerns that the City wishes analyzed in the EIR. The PBS&J Project Manager will meet with the City to revise and refine the scope of the EIR. Any revisions to the scope of work may require a commensurate revision to the proposed cost. PBS&J will also work closely with City staff to develop and refine the proposed schedule. b. Task 2 Prepare REVISED Administrative Draft EIR The objective of this task is to prepare a comprehensive, accurate, and objective revised EIR for the programmatic and project -level analysis of the Transit Zoning Code (SD 84A and SD 84B) that fully complies with CEQA, the CEQA Guidelines (as amended through the submittal of the Draft EIR), and the City's Environmental Guidelines. The main purpose of the revised Administrative Draft EIR will be to thoroughly and accurately analyze the environmental impacts of the proposed project as amended. The document will be free of jargon so that the information it contains is accessible to decision -makers and the public. The methodology and criteria used for determining the impacts of the project will be clearly and explicitly described in each section of the EIR, including any assumptions, models, or modeling techniques used in the analysis. The determination of impacts will be based on thresholds of significance developed in accordance with CEQA requirements, the City's environmental guidelines and requirements, and other recently approved environmental documents. Each significant impact will be numbered, and the corresponding mitigation measures will be correlated. The effectiveness and feasibility of mitigation measures will be discussed, and the level of significance after mitigation will be identified. It should be noted that due to the extremely tight schedule for the project, PBS&J may submit the revised Administrative Draft EIR in two parts; the first part containing those areas of analysis that do not depend on the results of the traffic study, which will likely be the critical path item upon which the schedule hinges. The second part would include those sections of the EIR that must reflect the results of the traffic study (transportation/traffic, noise, air quality, global climate change). The list of key environmental issue areas outlined below is based on the IS/NOP that was issued for the proposed project and EIP's general knowledge about the project area. As previously mentioned, a comprehensive Initial Study that focuses the analysis in the EIR was issued for public review in August of 2006. Based on the results of the Initial Study, the EIR will focus on aesthetics, air quality, cultural resources, hazards and hazardous materials, hydrology and water quality, land use/planning, noise, population and housing, public services, recreation, transportation and circulation, and utilities and service systems. Subtask 2b Technical Analysis Throughout this scope of work, the term "project site" will refer to the proposed Transit Zoning Code (SD 84A and SD 84B). Aesthetics and Shade/Shadow The Aesthetic and Shade/Shadow section will be revised based on changes to the project description. It is anticipated that the photographic inventory prepared previously will remain valid. No major revisions are expected to occur in this section. Air Quality PBS&J will prepare a revised air quality section for the EIR that is consistent with the recommendations of the South Coast Air Quality Management District (SCAQMD) for an air quality analysis in a CEQA document. Contribution of the proposed project to pollutant levels will be analyzed based on SCAQMD CEQA Air Quality Handbook emission thresholds of significance to determine whether the project would violate a State or federal air quality standard or contribute substantially to an existing or projected air quality violation. The EIR will qualitatively evaluate potential exposure of sensitive receptors to substantial pollutant concentrations where the project may cause emissions of identified pollutants in excess of the pounds per day or tons per quarter standards established by the SCAQMD. Project consistency with additional indicators as outlined in the SCAQMD CEQA Air Quality Handbook related to hazardous materials or emissions of toxic air contaminants will also be discussed in the EIR. Orange County is in nonattainment for ozone under both State and Federal standards and PM10 under State standards; therefore, these will be the pollutants of primary concern in the EIR. The air pollutants of greatest concern in the South Coast Air Basin are ozone (O,), ROGs, NO, CO, PM10 and PMz 5- The EIR will provide an introductory discussion of the air pollutants of concern in the region, summarize local and regional air quality, describe pertinent characteristics of the air basin, and provide an overview of the physical conditions affecting pollutant buildup and dispersion in the City. The setting will also discuss the sources, types, and health effects of air pollutants. The air quality section of the EIR will also describe any intersections and roadways that might be affected by increased traffic due to implementation of the proposed project. The project's construction and operational emissions and odor impacts will be assessed, including local ambient CO impacts. This analysis will include the following components: ■ Construction Emissions. The construction emissions analysis will be based on the project description, information submitted by the traffic consultant, and the modeling techniques and significance criteria recommended by the SCAQMD. The analysis will consider the limitations of the City's Building and Safety requirements and provide any necessary recommendations for minimizing emissions of dust or other pollutants (i.e., asbestos) from construction activities. The emissions generated by the demolition and construction of the developer project component will be analyzed as well. Localized Significance Threshold (LST) modeling will also be conducted for the developer project. LST analysis measures localized pollutant concentrations of CO, NOZ, PM,,, and PM25 emissions during construction; ■ Operational Emissions. Estimates of mobile source emissions associated with operation of the project will be prepared using appropriate land use information, traffic study information, and SCAQMD significance criteria. Based on estimated project -generated vehicle trips described in the traffic study prepared for the EIR, vehicular emissions of carbon monoxide, ozone precursors (reactive organic gases and oxides of nitrogen), and small particulate matter (PM,,,) will be predicted and quantified using EMFAC emission factors and the SCAQMD recommended URBEMIS 2007 version 9.2.4 software, which will then be compared to the SCAQMD significance thresholds. The criteria pollutant emissions from future stationary sources will also be estimated in the same manner; ■ LocalAmbient CO Impacts. The potential of project -related motor vehicle trips to cause localized carbon monoxide "hot spots" will be evaluated. For intersections in the immediate project vicinity that are subject to the most severe project -induced traffic congestion, localized concentrations of carbon monoxide (CO) will be quantified at those locations. Local CO concentrations will be modeled at up to ten intersections to be selected in coordination with City staff and the City's transportation consultant using the simplified CALINE screening methodology developed by the Bay Area Air Quality Management District and accepted by SCAQMD. The analysis will be based on guidance published by the Institute of Transportation Studies and available peak hour traffic and intersection geometry data; and ■ Odor Impacts. An analysis of whether the project would create objectionable odors affecting a substantial number of people will be included in the EIR. Potential conflicts with or potential to obstruct implementation of the applicable air quality plan where it may cause or contribute to emission of identified air pollutants in excess of levels stated in the plan or where it may fail to implement a remedial or mitigation measure required under the plan will be analyzed. Cumulative net increase of criteria pollutants for which the project region is in non -attainment will be analyzed to determine if the project emissions, considered cumulatively, will increase the level of any criteria pollutant above the existing ambient level. Global Climate Change PBS&J will prepare a new Global Climate Change section based on revisions to the project as well as regulatory changes that have occurred since the Renaissance Specific Plan EIR was completed. PBS&J will update relevant project information including direct and indirect greenhouse gas emission sources generated by the project. Direct emission sources include exhaust emissions from construction equipment during construction of the project, and motor vehicles during operation of the project; natural gas combustion for household heating/cooking; and exhaust emissions from landscape equipment. Indirect emission sources include the use of electricity, potable water use, and the generation of wastewater and solid waste. PBS&J will review the latest global climate change planning documents from state agencies for goals and policies that may relate to project (i.e. building efficiency requirements etc.). PBS&J will update the description of global warming concept and the science that supports it. A description of each of the greenhouse gasses (GHGs) and the project's participation (or lack of) in the formation of these gases will be included in the analysis. The analysis will also update descriptions of California law AB-1493 (Pavley 2002), the court challenges to AB-1493, and AB-32 (Nunez 2006) limiting greenhouse gas emissions from autos and stationary sources, and the science behind these laws. Currently, CEQA threshold for GHGs have not been established by any state or local agency. However, the absence of an established threshold does not relieve the Lead Agency under CEQA from analysis of impacts or establishing a threshold to determine significance of a project's participation in environmental impacts. PBS&J will assist in determining significance by analyzing the Project based upon the two questions in Appendix G of the Revised CEQA Guidelines. Those questions are: 1) Will the Project generated GHG emissions in amounts that significantly impact the environment? 2) Does the Project comply with a local, regional or statewide plan for the reduction of GHG emissions? PBS&J will update the consistency analysis of the Project with reduction measures recommended by the California Climate Action Team and reduction rates found in AB-32 and Executive Order S-3-05. This analysis will use the suggested guidance found in the Association of Environmental Professionals White Paper on Evaluating Climate Change Impacts and Greenhouse Gas Emissions in CEQA Documents and the California Air Pollution Control Officers Association White Paper on Evaluating Greenhouse Gas Emissions in CEQA Documents. PBS&J will review and update as appropriate the calculations of mobile source carbon dioxide (CO2) emissions for future project buildout conditions using California Air Resources Board (ARB) EMFAC2007 model. Mobile source methane (CH4) and nitrous oxide (N2O), as well as stationary and indirect sources of COZ, CH4 and N20 emissions for project buildout conditions will be calculated using the U.S. Environmental Protection Agency (US EPA) and California ARB published emissions factors. PBS&J will review the existing analysis of the Project and update and/or recommend mitigation that will lower GHG emissions and are consistent with the State's GHG emission reduction strategies found in AB 32 and Executive Order S-3-05. A significance determination will be made as described above. Historic/Cultural Resources PBS&J will update the existing Cultural Resources Section 4.4 of the EIR. PBS&J will review the regional and site history based on research and any previous studies of the area and analysis of the demolition and construction of the developer project. PBS&J' cultural experts will work with the City to ensure that the revised EIR section is defensible and sets forth feasible and effective mitigation measures. PBS&J will conduct site visits and new records searches (including NAHC), if necessary. Hazards and Hazardous Materials PBS&J will update the existing Hazards and Hazardous Materials Section 4.5 of the EIR. Changes to the regulatory setting (if necessary) will be incorporated as well as any changes that result from the revised project description and planning area boundary. Analysis will also cover the developer project. No major revisions are expected to occur in this section. Hydrology and Water Quality Revisions to the Hydrology and Water Quality Section 4.6 will include an update based on the revised project description and planning area boundary changes. All figures previously prepared will be updated as necessary. No major revisions are expected to occur in this section. Land Use/Planning The revisions to the Land Use section of the EIR will include the new land uses proposed under the Transit Zoning Code (SD84A and SD 84B). It will re-examine the compatibility of the proposed land uses with the surrounding area and will address potential inconsistencies with adopted plans and policies, including the City's General Plan, SCAG's Regional Comprehensive Plan (RCP) and Regional Transportation Plan (RTP). Since SCAG has revised both of their aforementioned plans, a new consistency analysis will be required. The EIR revision will evaluate any potential conflicts between project development and surrounding uses as a result of the revised project description. These conflicts could include a use that would create a nuisance for adjacent properties or result in incompatibility with surrounding land uses such as difference in the physical scale of development, noise levels, traffic levels, or hours of operation. The EIR will evaluate the extent to which adopted City development standards would eliminate or minimize potential conflicts between internal and adjacent uses. Noise PBS&J will prepare a revised noise and vibration analysis based on changes to the project description, new traffic analysis, and new ambient conditions in the project area. The noise analysis will address the impacts of the project on background noise levels and the population's exposure to physically or psychologically damaging noise levels. The noise analysis will be based upon approximations of noise levels and associated changes in the ambient noise level that are likely to occur based on implementation of the proposed project. PBS&J will re -measure ambient conditions in the field. PBS&J will use the significance criteria that were used in the previous analysis. PBS&J will document the methods used to analyze noise impacts and will incorporate relevant modeling output into a report appendix to the EIR. Population, Housing, and Employment The project site is large enough to alter the population, employment, and housing characteristics of the City. The Transit Zoning Code (SD 84A and SD 84B) could increase the population of the City and result in a redistribution and/or increase of the population of the county. The proposed project would provide for a mix of residential densities and employment -generating uses, so the EIR will report a jobs/housing ratio for the project itself. The EIR will summarize the employment and housing characteristics of the City, based on existing documentation. Applicable General Plan policies regarding population, housing, and employment opportunities will be described. The potential population increase associated with the project will be estimated based on the number and type of dwelling units proposed and the employment generation will be estimated based on the proposed acreages for commercial, retail, industrial and public uses. The EIR will also quantify the jobs/housing ratio for the City. Finally, the EIR will evaluate the proposed residential densities to determine consistency with the General Plan, including the Housing Element. Public Services Law Enforcement PBS&J will revise the section to include new information regarding law enforcement. PBS&J will contact the Santa Ana Police Department (SAPD) and the California Highway Patrol (if necessary) to verify existing service levels. The SAPD will be contacted to update information on existing and planned service levels, staffing levels, and response times. Using factors developed in consultation with SAPD and City staff, the demand for police services will be quantified and compared to existing and planned service levels. Fire Protection PBS&J will revise the section to include new information regarding fire protection. PBS&J will contact the Santa Ana Fire Department (SAFD) for information (if necessary) on response times and current and planned staffing levels. Existing demand for fire services in the project area will also be described. Using factors developed in consultation with the SAFD, the EIR will evaluate the ability of the Fire Department to serve the project site. Schools PBS&J will revise the section to include new information regarding schools. Analysis will be performed to understand current and future student enrollment trends, which will lead to the development of a school mitigation plan. The EIR will describe existing and projected school enrollment for the Santa Ana Unified School District. Any existing or planned schools in the vicinity of the project area will be identified. Libraries PBS&J will revise the section to include any new information regarding the Santa Ana Library Department, its capacity, or plans for expansion. This information will be reported in the DEIR. Based on input from the City and County, the project demand will be evaluated, along with the need for additional facilities. Recreation The EIR will revise and identify existing and planned park facilities in the City, and the City's park standards through consultation with the City's Parks, Recreation, and Community Services Agency. The EIR will quantify the demand for parkland generated by maximum residential build -out in the project area, based on the City's park standards. Transportation and Circulation Transportation and Circulation is likely to be one of the major issues to be addressed in the EIR. Katz, Okitsu & Associates (KOA) will prepare a new technical transportation study. The scope of the traffic study is intended to meet the City of Santa Ana requirements for analysis of traffic impacts associated with this project. KOA will meet with City staff to discuss the project, the proposed method of analysis, and other relevant considerations. At such, time, KOA will verify the study approach and any additional specific study requirements prior to any data collection. KOA will discuss potential traffic issues with the City's personnel to identify any additional concerns and recommendations. Study Orientation and Scope Refinement KOA senior staff would meet with City staff to discuss the revised project, the proposed method of analysis, and other relevant considerations. We will verify our approach and any additional specific study requirements prior to any data collection. We will discuss potential traffic issues with the City staff to identify any additional concerns and recommendations. Study Scope KOA will calculate daily and peak hour trips for the Project based on the Institute of Transportation Engineers Trip Generation, Seventh Edition, and previous trip generation experience. We will then distribute the trips generated to determine if any intersections will be impacted by the proposed project. The scope of the project will be similar to the previous study which included 50 intersections, including about 35 in the study area and 15 at key access points to the study area, such as freeway interchanges. KOA will perform the analysis for the surface street network using the TRAFFIX software. The analysis will be based upon the City -approved methodology for City intersections. The Freeway ramps or intersections controlled by Caltrans, within the area, will be based upon the Caltrans-preferred HCM methodology, unless told otherwise. A regional travel forecasting model will be used to assist in providing future traffic forecasts for the subject project. KOA will coordinate with OCTA to obtain forecasts of future traffic for the "no project" scenarios. KOA will also prepare a supplemental forecast for the "with project" scenarios. Data Collection & Field Review Traffic Data Peak period intersection traffic analysis will be required for up to 50 intersections during the AM and PM Peak hours. These intersections will be determined after consultation with the City and analysis of project related traffic generation increases, but the locations will generally consist of selected signalized and unsignalized intersections with the Study Area and northeast toward the I-5 Freeway interchanges at Main Street, 17th Street, Grand Avenue, and First/Fourth Street. The traffic counts will be taken by a traffic count specialist, Traffic Data Services of Santa Ana or The Traffic Solution of Arcadia, depending upon scheduling, and availability. Future traffic volume information will be obtained from a traffic model maintained by OCTA. Field Review KOA will review the location and intersections in the field to observe and inventory roadway geometrics, existing traffic operation, traffic signal parameters, and relevant information during peak hours. Report Preparation & Definitions KOA will prepare a traffic study similar to the previous study that will include the following (at a minimum) : I. Existing Conditions > Intersections > Mid -Block Segments II. Project Related Traffic Volumes III. Traffic Changes Based Upon Circulation System Improvements IV. Ultimate Build -Out Scenario V. Traffic Impact Analysis > Existing Conditions (2010) > Opening Year 2030 without the Project > Opening Year 2030 with the Project > Opening Year 2030 with the Project with Mitigation (if needed) > General Plan Build -out without the Project > General Plan Build -out with the Project > General Plan Build -out with the Project with Mitigation (if needed) VI. On -site Circulation VII. Mitigation Measures (If Necessary) VIII. General Issues IX. Conclusions Existing Conditions Existing traffic conditions include establishing the circulation characteristics within the study area including mid -block lane configuration, intersection geometry/controls, and pedestrian, bicycle, parking, and transit facilities. Mid -Block Locations Analysis Mid -block segment analysis associated with the intersections identified in Task 2 shall be included in the analysis. Interim Traffic Analyses Interim traffic analyses include traffic forecasts for all project phases and the associated proposed and foreseeable cumulative projects plus ambient traffic growth. The cumulative projects list will be developed by the City of Santa Ana. KOA will generate project and cumulative projects traffic using ITE trip Generation. Trip forecasts will be reviewed by the City prior to the subsequent stages of the analysis. The trips will then be distributed and assigned to the circulation network. Ultimate Build -Out Scenario Ultimate build -out assumes full build -out of the proposed plan together with all approved project within the study vicinity at time of this proposal. Traffic Impact Analysis The Traffic Impact Analyses will include the calculation of LOS for each of the study road segments, ramp segments, and intersections. The road segment LOS will be determined using the methodology presented in the County MPAH. The LOS for signalized intersections at Caltrans ramps will be based on the Highway Capacity Manual (HCM) methodology. The LOS for unsignalized intersections will be based on the HCM methodology. Mitigation Measures Mitigation measures will identify project -related traffic impacts based on a comparison of the results of LOS analyses between the applicable scenarios listed above. Project impacts will be based on City's standards and will be identified based on the various project phases and the full build -out scenario. As appropriate, mitigations measures designed to reduce potential circulation impacts to acceptable levels will be identified. Evaluation of potential mitigation measures and an analysis of their effectiveness will be provided. The mitigation measures section will include an assessment of the potential impact on adjacent properties. Schematic drawing illustrating said impacts and the possibility of property takes will be prepared for up to ten locations, where appropriate. If additional schematic drawings are required, additional fees may apply. Any mitigation measure will include a discussion regarding feasibility of the implementation of said measures including potential right-of-way acquisition, parking prohibition/restriction, specific movement restrictions, and cost estimate of said measures. Mitigation measures will be shown on a scale graphical drawing. The City of Santa Ana does not need full-scale drawings, but they need conceptual figures in sufficient detail to relay visual looks to the reader to understand the exact nature of the mitigation measure (i.e., drawn on an aerial photo). Specific Analysis Specific analyses section shall provide appropriate mitigation measures for the following issues: ■ General project access assessment ■ Geometric configuration/striping ■ On Street parking impacts ■ Truck access, if applicable ■ Neighborhood impacts ■ Pedestrian accessibility ■ Traffic Signal Warrants analysis (all applicable warrants shall be considered) ■ Queuing assessment ■ Assessment of on -site circulation regarding turning radius ■ Determining number of lanes needed to accommodate ingress/egress ■ Location of entry gates and emergency vehicle access points General Issues General issues for implementation throughout the study include: ■ The project phases, if any, must be clearly defined and the issue of alternatives, if applicable needs to be taken into consideration. ■ The final number of intersections and segments must be determined based on sensitivity analysis. ■ The traffic study should include the provision of conceptual layout plans for major intersections within the study area. This is essential to validate the feasibility of implementing improvements. ■ Determination whether streets within site will be private and designed to City of Santa Ana Standards for street design. ■ The study is to include locations of possible signals or signal modifications. PBS&J will then incorporate KOA's traffic report into the EIR's traffic section, cumulative analysis, and alternatives chapter. Utilities and Service Systems The EIR will need to reevaluate the ability of all utilities to serve the project area as a result of the Project revisions and changing regulatory and environmental conditions. Water Supply The EIR will describe the City's water entitlements, treatment plant capacity and conveyance system in the project vicinity. The Orange County Water District's Water Master Plan will also be discussed. Due to the recent changes in the availability of water in California, a new water supply assessment (WSA) will be prepared in compliance with SB 610. Water supply planning under SB 610 requires reviewing and identifying adequate available water supplies necessary to meet the demand generated by the project, as well as the cumulative demand over the next 20 years, under a range of water conditions. Tasks within this effort include such issues as (1) Analysis of past, current, and projected future water demand; (2) Past, current, and projected water supply; (3) Consideration of variability in demand and supply figures based upon hydrologic conditions; (4) Identification of potential water shortages based upon this analysis; (5) Coordination with the local community, as well as other affected agencies; and (6) Consideration of social, geographic, and economic factors of an area. Based on the results of the WSA, the EIR will evaluate whether proposed sources of water are available to serve the project. The effectiveness of programs intended to provide an adequate source of water in dry years, such as aggressive conservation measures, will be qualitatively evaluated based on information provided by the Applicant's and/or City's consultants. If a confirmed source is not available, the EIR will describe the current status of plans for obtaining water, and the process for identifying and securing adequate supply in wet and dry years. The EIR will evaluate the need for water treatment and conveyance infrastructure improvements needed to serve the project site. Wastewater Collection and Treatment The EIR will re -analyze the existing treatment plan service areas. The EIR will describe the existing and planned capacity of the regional wastewater treatment plants, and the location of existing and planned sewage collection system. The average wastewater flow from proposed new uses will be estimated using factors provided by the services providers and/or City, and compared to existing and planned treatment capacity. The EIR will describe the phasing of the City's wastewater treatment plant expansions and will evaluate the ability of the plant(s) to serve the project and indicate any potential constraints posed by the project, particularly with respect to project phasing. Solid Waste The EIR will characterize existing and future landfill capacity resulting from the revised project at local landfills and any regulations associated with State -mandated waste reduction requirements. The amount of solid waste that could be generated at maximum build -out of the project site pursuant to the project area will be quantified based on factors developed in consultation with the City and landfill operators. Projected solid waste will be compared to existing and future landfill capacity to determine whether the changes in land use would substantially shorten the life of the landfill or necessitate expansion of the landfill. Electricity and Natural Gas PBS&J will revise previous electricity and natural gas supply/demand to reflect changes in the project as well as availability of the aforementioned per Southern California Edison and the Gas Company for information concerning existing and planned energy infrastructure and sources that could serve the project site. This information will be summarized in the DEIR. Based on factors provided by Southern California Edison and the Gas Company, the EIR will quantify estimated energy use for the project site. This demand will be discussed with the service providers to determine whether there is ample supply. The EIR will briefly and qualitatively discuss the likely sources of supply and the potential impacts of such energy sources. Effects Not Found to Be Significant This section of the EIR will briefly describe those environmental issues "scoped out" of the IS/NOP and, therefore, not addressed in the EIR. Brief discussions will address each issue and explain why the project would not have significant impacts associated with these issues. In some cases, standard City conditions will be identified as mitigation measures to ensure their inclusion in the mitigation monitoring program (MMP). Subtask 2c Prepare Other CEQA Sections Summary The existing Summary section of the EIR will be revised per the revised project and reflect any changes to the impacts, level of significance of impacts, recommended mitigation measures, and level of significance after the recommended mitigation measures have been incorporated. Other CEQA Considerations Cumulative impacts will be specified in the individual sections of the EIR, and summarized in this section of the document. The cumulative analysis will be qualitative in nature and will be based upon known projects, either approved or proposed (applications on file), within a defined area around the proposed project; therefore, the cumulative impact assessment will be based on reasonably - anticipated potential development projects that may, in combination with the proposed project, create cumulatively considerable environmental impacts. Findings of recent court cases regarding the scope of cumulative impact discussions, as well as the requirements of the CEQA Guidelines, will be used. As previously mentioned, the description of project alternatives and cumulative projects will be developed in Task 1. The EIR will discuss all significant unavoidable adverse impacts (in conformance with the State CEQA Guidelines) that can only be partially mitigated, but not to a level that is less than significant. The EIR will also discuss any potential growth -inducing and irreversible impacts of the proposed project. Potential sources of growth inducement and their corresponding impacts, such as removal of obstacles to growth, major new employment generation, or major economic influences, will be qualitatively analyzed, to the extent that they are applicable. Alternatives The EIR will revise the existing alternatives section or create a new section (if necessary) to qualitatively address the environmental impacts that would result from a different project. PBS&J will work closely with City staff to develop up to three alternatives to the proposed project, including the no project alternative (including the no project/no development alternative and the no project/reasonably foreseeable use alternative) and one reduced size alternative. The alternatives will be provided in sufficient detail for comparison with the proposed project. Each alternative will be evaluated with respect to each key impact category. Graphic exhibits of alternatives will be presented, if available. The advantages and disadvantages of each alternative and the reasons for rejecting or recommending the alternative will also be discussed, and the environmentally superior alternative will be identified. A summary of the alternatives and their associated impacts will be provided in the EIR summary. During the course of the environmental analysis, minor variations to the proposed project that could have the effect of reducing or eliminating environmental concerns may become apparent; these variations will be implemented, where feasible. Output 1. Four (4) loose copies of the Revised Administrative Draft EIR for City staff review 2. One (1) electronic copy of the Revised ADEIR. C. Task 3 Prepare Draft EIR The purpose of this task is to respond to City staff comments on the Administrative Draft EIR, complete necessary revisions, and publish the Draft EIR for public review. Subtask 3a Respond to City Comments on the Administrative Draft EIR PBS&J will obtain all comments on the Administrative Draft EIR from the City's project coordinator, who will compile one set of unified City comments for use in revising the document. PBS&J will complete revisions to the Administrative Draft EIR in conformance with the City's comments, and the agreed -upon scope of work and schedule. Subtask 3b Distribute Draft EIR PBS&J will provide the City with fifty (50) copies of the Draft EIR after the City approves final drafts, including the fifteen (15) copies (as required by the Governor's Office of Planning and Research/State Clearinghouse) of the Draft EIR to be filed at the State Clearinghouse. It is assumed that the City would be responsible for preparation of the Notice of Completion and any filing fees. Output 1. Distribute fifty (50) bound copies of the Draft EIR for public review (this number includes 15 copies of the Draft EIR that are submitted to the State Clearinghouse). Should the City determine that additional copies of the Draft EIR are necessary; their production would be treated as an Optional Task. 2. Provide one (1) clean reproducible original of the Draft EIR and one (1) electronic copy. d. Task 4 Prepare Administrative Final EIR and Draft MMP (Response to Draft EIR Comments) This task will result in the preparation of a Preliminary Final EIR, which will contain a list of commenters, comment letters, responses to comments on the Draft EIR, Draft EIR text revisions, the Draft EIR itself, and the Draft Mitigation Monitoring Program (MMP). Subtask 4a Prepare Administrative Final EIR (Response to Comments) The City's project planner will compile and transmit all written comments on the Draft EIR throughout the public review period and as one unified set of comments following the close of the public review period. PBS&J will confer with City staff to review written comments on the Draft EIR, including comments from public meetings and hearings, to develop a general strategy for preparation of responses. The Administrative Final EIR will be submitted to City staff for review and comment. Subtask 4b Prepare Draft MMP The objective of this subtask is to ensure compliance with Public Resources Code Section 21081.6, as mandated by Assembly Bill 3180 (Cortese 1988), which requires a lead agency to adopt a mitigation monitoring program (MMP) at the time an EIR is certified. PBS&J will prepare a Draft MMP concurrently with the preparation of the Administrative Final EIR, upon finalization of project mitigation measures. The MMP will be designed to ensure compliance with all adopted mitigation measures during project implementation. The MMP will be in table format, and will specify mitigation measures, standards of success, conditions of approval, parties responsible for implementation and monitoring, funding sources, timing and frequency, criteria to determine compliance with conditions, and provisions for remedial measures (if the success standards are not achieved). The MMP will be designed to fit into the City's existing entitlement and project review process. Output 1. Distribute eight (8) unbound copies of the Administrative Final EIR and Draft MMP for City staff review. 2. One (1) electronic copy of the Administrative Final EIR and Draft MMP. e. Task 5 Prepare Final EIR and Final MMP The objective of this task is to prepare a Final EIR that incorporates City comments on the Administrative Final EIR. Subtask 5a Prepare Final EIR (Response to Comments) PBS&J will obtain all comments on the Administrative Final EIR from the City's project coordinator, who will compile one set of unified City comments for use in revising the document. PBS&J will complete revisions to the Administrative Final EIR in conformance with the City's comments and the agreed -upon scope of work. Responses that are within this proposal's scope of work and budget consist of explanations, elaborations, or clarifications of the data contained in the Draft EIR. If new analysis, issues, alternatives, or substantial project changes need to be addressed, or if the effort exceeds the budget amount because of the number or complexity of responses, a contract amendment may be needed. The format of the Final EIR will be as a single document that includes the Draft EIR, comment letters, responses to comments, text revisions, the MMP, and any other appropriate information. It is assumed that the Final EIR will be distributed at least ten days prior to the EIR certification hearing. Subtask 5b Prepare Final MMP After review and comment on the Draft MMP, PBS&J will revise the MMP, according to the comments provided, and will submit the Final MMP to the City with the Final EIR. Output 1. Distribute twenty-five (25) copies of the Final EIR and Final MMP. Production of the Final EIR is not included in the attached cost proposal. Should the City determine that PBS&J produce the Final EIR copies; their production would be treated as an Optional Task. 2. Provide one (1) clean reproducible original of the Final EIR and Final MMP and one (1) electronic copy. f. Task 6 Attend Public Meetings and Hearings The objective of this task is to participate in the public meeting and public hearing process on the Draft EIR, and attend the Planning Commission and City Council certification hearings. Once the EIR is published and circulated for public review, PBS&J will attend up to four (4) public meetings, which may include any of the following. Subtask 6a Participate in Draft EIR Public Hearing (if necessary) If a Draft EIR public hearing is held, the PBS&J Project Manager will be available to present the findings of the Draft EIR, answer technical questions regarding the Draft EIR, answer general questions regarding the environmental review process, and make note of significant comments raised by the interested public. It is assumed that the City will either formally record verbal testimony (and later transcribe the testimony) or request that all public comments are also submitted in writing. PBS&J will consider the comments collected by the City at the public hearing during preparation of the Final EIR. Subtask 6b Attend Planning Commission Hearing The PBS&J Project Manager will be available at the Planning Commission certification hearing to present the findings of the Final EIR, answer technical questions regarding the Final EIR, and answer general questions regarding the environmental review process. Subtask 6c Attend City Council Hearing If approved by the Planning Commission, the PBS&J Project Manager will be available at the City Council certification hearing to once -again present the findings of the Final EIR, answer technical questions regarding the Final EIR, and answer general questions regarding the environmental review process. Output 1. Attend up to four (4) public meetings or hearings, which may include neighborhood meetings and hearings before the Planning Commission or City Council, for a total of sixteen (16) hours. g. Task 7 Project Management, General Coordination, and Meetings The purpose of this task is to manage the PBS&J project team, manage the EIR preparation effort, and maintain close communication between City staff and project team members. This task is also intended to ensure that the project is running on time and within budget, and that all work products are of the highest quality. Subtask 7a Perform Project Management and Coordination Activities The PBS&J Project Manager would communicate, as necessary, with the EIR project team members and City staff to ensure compliance with the schedule, scope of work, and budget. The Project Manager would coordinate the team's work and provide management liaison between the project team and the City for communication of issues, transmittal of comments, financial management, and other project management matters, such as contract processing. Output 1. Assumes an average of approximately 8 hours per month the course of the project, for a total not to exceed 40 hours. Subtask 7b Attend Project Meetings EIP's Project Manager and/or Deputy Project Manager would attend approximately one project meeting per month during preparation of the EIR up to a maximum of 16 hours. It is assumed that one meeting would occur after City review of the Administrative Draft EIR (to discuss comments), one meeting would occur prior to preparation of the Administrative Final EIR and Draft MMP (to discuss strategies for response to comments and format for the MMP), and two meetings would occur as needed during preparation of the Administrative Draft EIR and/or at the direction of City staff. The project "kick-off" meeting is assumed to occur separately, as part of Task 1. Other meetings may be attended on a time -and -materials basis, additional to the proposed price and with prior authorization by the City. Output 1. Attendance at up to 4 project meetings (by the Project Manager and/or Deputy Project Manager) for a maximum of 16 hours. SECTION 3 EIR Schedule PBS&J proposes the following schedule to complete a Final EIR, including Planning Commission recommendation and City Council certification, by May 2010. Target dates: 1. Kickoff Meeting......................................................................................................December 14, 2009 2. 1st submittal of ADEIR (not traffic study dependent) .......................................... January 16, 2010 3. Submittal of draft traffic study to City/PBS&J by KOA...................................... January 18, 2010 4. Receipt of City comments by KOA.......................................................................... January 19, 2010 5. 2nd submittal of ADEIR............................................................................................ January 25, 2010 6. Receipt of City comments by PBS&J on ADEIR.................................................. January 27, 2010 7. Public Review of DEIR..............................................................................................February 2, 2010 8. Submittal of AFEIR to City............................................................................................. April 5, 2010 9. Receipt of City comments by PBS&J on AFEIR....................................................... April 12, 2010 10. Submittal of FEIR to City.............................................................................................. April 19, 2010 11. Planning Commission Meeting...................................................................................... April 26, 2010 12. City Council Meeting.........................................................................................................May 17, 2010 The schedule below includes the following assumptions: ■ Receipt of a complete and firm draft Project Description at kickoff ■ Stable project description throughout the EIR process ■ No substantial changes to the traffic report (including trip generation or additional intersections after the completion of the draft report) or other technical reports are required SECTION 4 Fee Proposal PBS&J has prepared a cost estimate that is competitive, yet accurately reflective of the level of effort required to complete the scope of services and schedule requested by the City. For your convenience, we have provided a detailed cost proposal, identifying labor costs by task, by person, and by hour. We have also detailed our direct costs. If the City decides to reproduce various documents, the direct costs associated with reproduction can be reduced. h. Cost Assumptions The estimated cost and schedule are based on the work program outlined in the scope of work and key issues, and the following assumptions. PBS&J will draw from technical studies prepared for the project site to the greatest extent possible. Should additional research be deemed necessary beyond that identified in this scope of work, PBS&J will conduct such research upon specific direction and authorization by the City. PBS&J would propose to renegotiate the budget to include this additional work. PBS&J will analyze a no -project alternative (consisting of both the no project/no development alternative and the no project/reasonably foreseeable use alternative per Section 15126 of the 2000 CEQA Guidelines), a reduced size alternative, and another alternative that will be defined at a later date. PBS&J will attend up to: ■ Four public meetings, including, but not limited to, the Draft EIR public hearing, one Planning Commission, and one City Council meeting. ■ Twelve (12) project meetings with City staff. Additional public or project meetings PBS&J is requested to attend will be charged on a time -and - materials basis. PBS&J has assumed the following specific number of copies of various documents to be printed including: ■ Four (4) unbound copies of the 1" and 2"' Administrative Draft EIR for City staff review. ■ One (1) electronic copy of the 1" and 2"`' Preliminary ADEIR. ■ Distribute fifty (50) bound copies of the Draft EIR for public review (this number includes 15 copies of the Draft EIR that are submitted to the State Clearinghouse). ■ Provide one (1) clean reproducible original of the Draft EIR and one (1) electronic copy. ■ Distribute four (4) unbound copies of the Administrative Final EIR and Draft MMP for City staff review. ■ One (1) electronic copy of the Administrative Final EIR and Draft MMP. ■ Distribute twenty-five (25) copies of the Final EIR and Final MMP. Production of the Final EIR is not included in the attached cost proposal. ■ Provide one (1) clean reproducible original of the Final EIR. and Final MMP and one (1) electronic copy. Factors that would increase the scope of work and estimated costs outlined in the proposal include: new issues to be evaluated; attendance at additional public meetings; printing of additional copies of reports or the need to distribute a second ADEIR or Screencheck version of the document; analysis of additional issues above those discussed in this proposal or a more detailed level of analysis than described in this proposal; changes in the project requiring reanalysis or rewriting of report sections; collection of data required for the EIR beyond that described in this proposal; attendance at additional in-house meetings beyond those budgeted; and excessive public comments on the DEIR, or comments on the ADEIR or AFEIR related to substantial changes to the project description. PBS&J would notify the City immediately (and prior to proceeding with out -of -scope work), if any of these conditions appears likely to occur. We would propose to renegotiate these items, if required, or charge on a time -and -materials basis. The breakdown of our proposed cost estimate is valid for 60 days from the date of this proposal. The estimated cost is based on all team members' standard hourly rates. See attached Estimated Budget. The total cost to complete the EIR through certification is $186,816. This figure represents $77,980 to complete the project revisions (including technical analyses) plus the remaining un-billed $69,736 in the Santa Ana Renaissance Specific Plan EIR. TASK HOURS COST 3 0I i d v e e G a 0 V `o A o 2 ig a a E Q a PBS&j r Task Grp o ,n KOA Toal $I80 $145 $135 $115 $95 $115 UPDATEa e• s Draft Environmental Impact Report 0 $59,500 2.0 Retrise Administrative Draft EIR 2 $5, I50 $5, I50 2. Revise Project Descriptionl8uildout Numbers _ _ 8 24 26 Technical Analysis/Update - -- $1.570 AestlreticslVistal Resources Air Q,sdity Biological Resources Cultural Resources Hamrds and Hazardous Matenals 4 4 8 �- 8 8 2 _ 32 8 12 8 8 2 2 2 $1,570 $6.430 $2,240 $3,770 $290 $6.430 $2,240 $3,770 $290 Hydrology and Water Quality Land Use/Planning _ 2 -2--- 8- - - -2 ---1 $22990� $1,600 $290 $1.600 Noise 16 32 2 $6,870 $6.870 Population, Housing and Employment _ 4 8 2 $1,890 $1,890 Public Services 4 8 2 $1,570 $1,570 Transportation and Tragic Utilities and Service Systems Global Wannmg- - -- --- 2c Other CEQA Sections 8 _ 8 6 2 8 16 24 -- 24 8 -- 24 4 2 2 4 $3,900 $4,310 $4,840 $3,900 $3,900 $4,310 $4,840 $3,900 3.0 Prepare Draft EIR 3. Respond to City Conments on ADE7R 16 8 16 40 16 $10,880 $10,880 Project Management and Team Meetings $8,120 7.0 Project Management, General Coordination, and Meetings 7a Project Coordination Activities 7b Attend Project Meetings '� q0 1 16 $5,800 $5,800 $2.320 $2.320 Total EIR Hours 18 124 I48 16 120 44 470 Water Supply Assessment $10,360 Revise 2007 WSA 8 80 $10,360 $10,360 TOTAL EIR LABOR $3.240 $I7.980 $19,980 $1,840 $11.400 $5.060 $78.450 $78,450 577,980 Previous Un-Billed Labor and Direct Casts from OD2136700 $69,716 UPDATE TECHNICAL STUDIES Revise Traffic Study (Katz, Okitsu3 Associates) $34,000 Revise 2007 Traffic Study Prepared by KOA _ $ 34,000 $34,000 $34,000 Administrative Fee (15% of wbcontmctom labor) $5.100 p�L.E�Ft�. SJsa,aJ PBS&J December 15, 2009 ATKINS November 1, 2011 Ms. Tonia Zerba Senior Accounting Assistant City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Re: City of Santa Ana Master Services Agreement PBSU Name Change Dear Ms. Zerba: Atkins North America, Inc. 12301 Wilshire Boulevard, Suite 430 Los Angeles, California 90025 Telephone: +1.310.268.8132 Fax: +1.310.268.8175 www.atkinsgIobal.com/northamerica Effective April 1, 2011, PBSU officially became Atkins North America, Inc. as a result of an acquisition that took place in 2010. The Federal Tax ID number, banking information, insurance coverages and company management, however, remain unchanged. This letter is to provide notice of the name change. The Consultant identified as PBSU in the current Master Services Agreement with the City of Santa Ana, is now Atkins North America, Inc., a Florida corporation. Please be assured that this name change will result in no changes of personnel assigned to the contracts, nor will it result in any decrease in services to the City of Santa Ana. We highly value our relationship with the City and will continue to provide the kind of service that you expect and deserve. Please let me know if you have any questions or concerns. Sincerely, (�f Ruta K. Thomas, REA CEQA/NEPA Senior Group Manager Form W'9 Request for Taxpayer Give Form to the (Rev. January 2011) Identification Number and Certification fequestef. Do not Department of the Treasury send to the IRS. IMemat Reverie Service Name (as shown on your income tax return) Atkins North America, Inc. m r$ Business namddianigarded entity name, It different from above (formerly Post, Buckley, Schuh it Jernigan, Inc. or PBS&J) Check appropriate box for federal tax classification (required): ❑ IndividuaVeole proprietor ✓❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Umtted liability company. Enter the tax classification (C=C corporation, S-S corporation, P=partnership) ► jJ Other (am Instructions) ► Address (number, street. and apt or suite no.) 4030 W. Boy Scout Blvd., Suite 700 City, state, and ZIP code Tampa, FL 33607 Ust account number(s1 name and address ❑ Exempt payee Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line 1 8ociaf secui ty number to avoid backup withholding. For individuals, this is your social security number However, for a - m - resident alien, sole proprietor, or disregarded entity, see the Part I instructions onn page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see !-low to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer idorNMioation number number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions o1 page 4. rere .&a«ro of Hn► A- &0� Date► qNZ-01/ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (rIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA Use Form W-9 only 9 you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Speoial rules for partnerships. Partnerships that conduct a trade or business In the United States are generally reputed to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, If you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev.1-2011)