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HomeMy WebLinkAboutAECOMCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements n have been satisfied prior to signing the termination form. t'LE Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. COTC Office Use only OF THE COUNCIL L 6'2I PM2:53 The agreement with Rw I i No. 7 nIT- was completed on ZI and final payment has been made. (List all amendments. Use space below if needed.) Department: P V6 n 1vM X BWAW Phone/Ext.: Signature: Date: i]agreementsiformsirform agreement termination form_goldenrod.doe by'SURANGE ON FILE WORK MAY ROCEED UNTIL INS EEXPIRF,S _ 01ERKOFCOUNCIL YY�� DATE; AGREEMENT WITH AECOM TO PROVIDE PLANNING AND ' MAR O J 2018 TECHNICAL SERVICES FOR PREPARATION OF THE 3 lkG ) COMPREHENSIVE GENERAL PLAN UPDATE �LSS� eo. MC.r'c�e,^t THIS AGREEMENT is made and entered into this AECOM, a Delaware corporation ("Consultant"), and municipal corporation organized and existinb State of California ("City"). RECITALS A-2017.360 A - day of March, 2018 by and between and the City of Santa Ana, a charter city under the Constitution and laws of the A. On July 6, 2017, the City issued Request for Proposal ("RFP") No. 17-082 seeking consultants to provide planning and technical services for the preparation of the City's comprehensive General Plan Update. B. Consultant was one of three consulting firms which submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services to the City and provide market and fiscal analysis services in furtherance of the General Plan Update. 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 perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B — Budget. The total amount to be expended under this Agreement shall not exceed $69,069.30. Consultant has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total budget amount does not increase. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Page 1 of 10 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. ` 3. TERM This Agreement shall commence on the date first written above and continue for a two (2) year term with the option for the City to grant tip to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title $, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fiilly comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Page 2 of 10 Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 3700 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 formshed to the City ,upon execution of this Agreement and shall be approved by the City. 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. Page 3 of 10 iv. Consultant shall supply City with a frilly executed additional insured endorsement. 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 affect 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement, 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 4 of 10 charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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. 12. 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. 13. 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. 14. 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 Page 5 of 10 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or 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 is not embodied herein. 15. 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. 16. 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(s) 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. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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. Page 6 of 10 19. 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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. 21. 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 fax 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 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5897 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Page 7 of 10 To Consultant: AECOM Attn: Ryan Wiggins, Principal Agent 410 West A. Street, Ste. 1200 San Diego, CA 92101 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 fax, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar Raul Godinez II Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CANDIDA NEAL Interim Executive Director Planning and Building Agency AECOM: By: 4411to Title: Page 8 of 10 10.41111 1TI1 SCOPE OF SERVICES AECOM �.... i 14 W� ,�. ` k i �I ' `• Syr I �1,4�. 1 w r I `� i11i b :. Task 1.0: Kick -Off Meeting and Project Initiation We have included an initial meeting between City and AECOM staff to refine the work plan and outline and discuss and clarify key issues, variables, and project objectives and goals. The AECOM team will then provide a detailed work plan and schedule to the City. This initial meeting along with the deliverables will serve to enhance cooperation and expectations throughout the project to achieve efficiency, cost- effectiveness, and high -quality deliverables. Due to a number of recently completed City documents such as the Santa Ana Economic Development Strategy in 2016 and the Consolidated Plan, a significant amount of the basic market information and economic development programs have been documented in just the last few years. As such, the initial phases of this work will include a review and validation of the background data for these documents as well as identify any gaps or additional research that must be done. The scope and budget assumes that much of this background data will be readily available, in a usable format, and that would only need to be updated with more recent data. We anticipate the bulk of the work will involve estimating future land use demand based off of forward looking demographic and market trends and then applying these tests to the viability of the Land Use Visioning Map, the identification of innovative land use mixes, and fiscal analysis of selected Preferred Land Use Alternatives. Deliverables: • Refined Project Workplan • Refined Project Schedule • One (1) Project Kick -Off Meeting Attended by Two (2) AECOM Team Members Task 2 -- Existing Conditions Analysis Task 2.1 Demographic Profile The market analysis will include documentation of various socioeconomic and demographic trends based primarily on data from the most current Census, American Community Survey, SCAG, and other AECQM similar sources as necessary. Where data from multiple sources is necessary AECOM will evaluate data methodology to ensure consistency between sources. Population and demographic trends will include growth and characteristics such as age distribution, gender, languages spoken, ethnicity, and education levels. Household trends will include growth and characteristics such as income distribution and sources of income, renter vs. owner tenure, household size and occupied unit distribution, and households by age of householder. A thorough documentation of Santa Ana's existing demographics and potential long-term trends is especially important for the overall market analysis given its unique characteristics. The demographic profile will be compared to Orange County as a whole, and neighboring cities. This analysis is expected to demonstrate a continuation of long-term trends in Santa Ana that include high population density, a large average household size, and per capita and household incomes that are on average lower than the county and neighboring cities. An important consideration is the distribution of household income by income category. It's not unusual to see a market that has low average incomes overall, but not realize that average incomes are low because the market analyzed has a high percentage of lower income households and low percentage of high income households, not recognizing that the market may have a comparable and growing share of moderate income households. Many credit retailers only look at the averages, not the distributions when looking at markets. It's been our experience that some markets with low averages actually have a healthy middle income population that in aggregate provides significant buying power, but is under - served. This creates opportunities for commercial economic development. Task 2.2 Employment Profile Employment profiles related to the workforce will be documented in the population profile above, with the addition of wage distribution, unemployment, and sources of income forthe workforce living in Santa Ana and surrounding communities. Destination/Origin data will be reviewed to evaluate the geographic distribution of the workforce working within Santa Ana, and the workforce living within Santa Ana and their commuting patterns. Documentation of employment within Santa Ana using U.S. Census Bureau data augmented with SCAG data will be completed and compared to Orange County as a whole, and neighboring cities: • Employment in place • Employment by firm size categories • Growth in firms by size categories • Trend data to the extent it is available • Major employers AECOM The Santa Ana employment and industry profile will be compared to the region and the nation as a whole. A location quotient and shift -share analysis of industry will be prepared. The export orientation of selected industries will be described using data sources as the Orange County Community Investments Division industry cluster analyses. Average wage of clusters by category will be documented. Existing jobs/housing balance will be compared to the county as a whole and nearby cities. Task 23 Market Trends Retail. Office, and Industrial AECOM will document and analyze retail, office, and industrial trends over time including the rental/lease rates (NNN), vacancy rates, and absorption and the competitive environment, augmented by identified planned and proposed projects using the best available data from sources such as Costar, brokerage houses, and others. Characteristics of the market will be evaluated including different categories, size and sales. Again, we will validate recent market research which will likely reveal the continuation of recent trends rates in Santa Ana as compared to Orange County and neighboring cities. For the retail sector we will estimate existing and future Santa Ana income levels and average amount spent per household to estimate the total resident buying power and the amount of retail leakage that is occurring in Santa Ana as well as potential for additional retail attraction to the market. Factors such as the growth in Internet sales will be taken into account based on national trends and accounted for in the assessment of leakage and potential retail attraction. Comparisons to neighboring cities will be made. We will add factors for worker purchases and visitor -related purchases to estimate aggregate buying power potential. Based on market share assumptions given the existing and anticipated competitive environment, we will estimate captured sales in Santa Ana by major retail category and translate these sales into supportable space and land area given sales/square footfactors, stabilized occupancy rates, and FAR assumptions. We will conduct sensitivity analysis of key variables to estimate supportable space under up to three scenarios. Again utilizing data from sources such as Costar and others, industrial and office trends of the Santa Ana area will be documented and analyzed. This will include a more detailed evaluation of the key industrial and office employers by sector. As necessary additional data will be drawn from the Census, Bureau of Labor Statistics, and similar sources if it is necessary to augment existing city background data from previous documents such as the aforementioned Santa Ana Economic Development Strategic Plan. Vacancy rates and asking rent per square foot for industrial and office space will be documented by location and by type based on secondary data sources far the Santa Ana market as a whole and the opportunity areas. Net absorption will also be documented for Santa Ana and the same opportunity areas. Potential market demand will be based on historical absorption trends and projected employment in those sectors that generate demand for industrial and office space for Santa Ana, compared to the AECOM county as a whole, and neighboring cities and also for the opportunity areas as compared to similar areas in the region. Potential industrial and office employment will be translated into demand for occupied space and land area at employment density and FAR factors. Major anticipated changes in the market that could result in significant changes in historical trends, positively or negatively, will be identified. One of the key questions to address for each of these three sectors is the extent to which market rents support new construction costs, and, if not, how much would they have to increase in real terms to support new construction. Housing Market Trends The existing housing stock will be documented to include age, type, and current market costs for ownership and rental housing based on the most recent data available from secondary data sources. Costs will include an evaluation of long-term trends in terms of housing value and absorption utilizing information from secondary data sources. Estimates of future housing costs will be projected using long term residential property appreciation assumptions. AECOM will estimate the minimum income required to afford current and potential future housing based on current standards for rental and ownership costs as a percentage of income. This will then be compared to estimated household income growth and distribution. AECOM will estimate future demand and absorption for housing units based on projected regional population and employment growth, household formation assumptions by age of householder, and size categories, and the portion that could reasonably be expected to accrue to the Santa Ana market. SCAG projections for the county and Santa Ana will augment Census and American Community Survey data where necessary. Various market share assumptions for the Santa Ana market will be applied to test different scenarios for residential, retail, office and industrial growth in the overall market. Residential absorption rates will also be applied to the Land Use Envisioning Map potential residential transition areas to estimate how much of future residential multifamily demand absorbed in those areas at different price points overtime and at the currently identified densities. We also propose two stakeholder group meetings to supplement the analysis. These meetings would include a range of stakeholders from the different sectors as well as neighborhood and community stakeholders that can share challenges of the current housing market. Deliverables: • Two (2) stakeholder group meetings • Draft Existing Conditions Report • Final Existing Conditions Report • 1 Presentation of Existing Conditions Report attended by two AECOM members AECOM • Ongoing Coordination with City (email, phone, etc.) Task 3.0 Feasibility Analysis AECOM will conduct an analysis of the economic feasibility of the baseline opportunity areas by land uses as identified in the Envisioning Land Use Map at buildout. While these are not approved land uses it will be important to provide an estimated rough sale and rental cost per unit of residential, office, and retail development to gauge whether the market can support expected rental prices per absorption projections and whether residual land values can support development. High, medium, and low development buildout densities will be evaluated to gauge reasonability. AECOM will confer with City staff to identify these densities. Once this baseline has been established our team will evaluate up to three alternative configurations that include appropriate land use mixes to gauge whether they are consistent with reasonable market absorption estimates and are economically feasible. While not called out specifically in the scope we anticipate that coordination between this task and PS 1 will be necessary in terms of outlining what types of land use configurations are economically feasible according to this market analysis. Deliverables: • Draft Market Feasibility Analysis • Final Market Feasibility Analysis • 1 Presentation of Market Feasibility Analysis • Ongoing Coordination with City (email, phone, etc.) Task 4.0 fiscal Analysis AECOM will prepare a fiscal model for up to three (3) scenarios based on the analysis of current and projected fiscal conditions. The focus of the analysis will be on the General Fund revenues and costs, but may include other funds based on discussion with City staff. Working closely with the project team, the land uses for the scenarios will be assembled into a data base for fiscal analysis, including: acres, square feet and valuation of non-residential development; housing units by value and type, persons per household and household income; and infrastructure assumptions about public works, public buildings, parks, recreation facilities, open space, fire stations and other public facilities. Public revenue and cost fiscal factors will be developed through a current budget analysis and interviews with key departmental staff based on the City's current levels of service standards. Cost factors will be established at the departmental level. AECOM The demographic and market study will inform the development of the fiscal impact model. The net fiscal impacts of the opportunity corridors will be reported as a part of the overall scenario fiscal impacts and as separate line items to illustrate the fiscal impact of different development intensities and configurations. In consultation with City staff and drawing from the proposed development plan, AECOM will create fiscal assumptions that will be integrated into the fiscal model for evaluating the preferred General Plan and up to two of the proposed alternatives. AECOM will estimate these existing and potential revenue sources for General Plan land use alternatives and will compare them to projected costs to estimate net fiscal impacts associated with General Plan alternatives. In this Subtask we will also identify potential sources of capital financing to implement the General Plan's infrastructure and public facilities, including potential development impact fees, assessments, and special taxes; EIFD tax increment; grants and loans; new financing legislation being considered in the state legislature; and existing and potential federal, state, regional, and county funding sources. As an optional task, we can project potential capital financing revenue compared to costs for additional budget. These projections would be for planning purposes only, and not for public financing instruments without additional due diligence. It is important to note that AECOM has also submitted a proposal for PS1. AECOM's land use modeling tools can be tailored to provide fiscal analysis as well. If AECOM is selected for both issue areas we can prepare a scope that would include integration of this task into that model. Deliverables: • Draft Fiscal Models for up to Three (3) Selected Scenarios • Final Fiscal Models for up to Three (3) Selected Scenarios • One (1) Presentation of Fiscal Models Attended by Two (2) AECOM Team Members • Ongoing Coordination with City (email, phone, etc.) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page 10 of 10 AECOM km:cne.xw: rmlrn�we: nL:lwnwnx: umamk r�,sn: WPrtrtMWI nanr. [uue:n: F•ttam,eWn: Et xe::n NAIunMOv panWMlna Iw4lIY:n Lneptlman FMin{ pFwM pECOM iOiN. E1.6W�.eYiprN CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDrYYYY) 02128/201 H THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Marsh Risk & Insurance Services CA Licerop,#00437153 777 South Figueroa Street Los Angeles, CA 90017 MIT: LosAngeles.CertRequost@Marsh.Com C N 101348564-STND-GAUE-17-18 INSURED AECOM AECOM Technical Services, Inc. 401 WcdA Street, Suite 1200 San Diego, BA 92101 03 2021 COVERAGES CERTIFICATE NUMBER: LOS-002319878.01 REVISION NUMBER: THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INNER TYPEOFINSURANCE AIN D DB R UO POLICYNUMBEft ab D7YYYF MMEppsyyYY LIMITS A X COMMERCIAL GENERAL LIABILITY GILD 596589109 041D112017 0410112018 EACH OCCURRENCE $ 1,000,000 � � DAMAGE 1,000,000 CLAIMS -MADE " OCCUR PREMISES Ea occurrence $ MED EXP (Any ace person $ 51000 PERSONAL & ADV INJURY GFNERALAGGREGATE $ 1,000,000 $ 2,00it'i GENT AGGREGATE LtMR' APPLIES PER: POLICY ❑ PRO- E LOC X JECT t_i PRODUCTS AGG __ $ 2,000,000 O7HER: $ A AUTOMOBILE LIABILITY BAP 596589309 04/01/2017 04101/2018 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ HIRED NON -OWNED P AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB Ll OCCUR I EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ 0FD RETENTION$ $ D WORKERS COMPENSATION SEE ACORD 101 D 01101/2019 X POrH- ER18 ANDEMPLOYERS'LIABILITY Y t NANY STATUTE ER EL EACH ACCIDENT $ 1,00i OFFiCEFUMEMBERPEXGLUDEDtECUTiVE NIA 1,000,000 (Mandatory In NH) E.L. DISEASE -FA EMPLOYEE $ Ur describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ 1,OOD,000 C ARCHITECTS& ENG. EON G21654693 04/0112017 Per ClaimlAgg $1,000,000 PROFESSIONAL LAB, "CLAIMS MADE" 7r7l Defense Included DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (ACORD 101, Additional Remarks Sohedum may be attachad If more space is requied} Re: RFP: 17-082; AECOM Project Name: Santa Ana Cnmp2hensive GP The City of Santa Ana, Its authorized officers, employees, agents, volunteers and representatives are named as additional Insured for GL coverage, but only as respects work performed by or on behalf of the named insured and where required by written contract, This Insurance Is primary and non-contributory over any existing insurance and limited to liability arlsln9 out of the operations of the named insured and where required by written contract with respect to the GL coverage. Severablllty Of INerebAross Liability is Included for General Liability coverage. City of Santa Ana 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana, CA 92702,1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services James L. Vogel �. ACORD 25 (2016103) Cc) 1 The ACORD name and logo are registered marks of ACORD All rights reserved. AGENCY CUSTOMER ID: CN101348564 _ LOC #: Los Angeles ACC) ® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk & Insurance Services AECOM AECOM Technical Services, Inc. 401 West A Street, Suite 1200 POLICY NUMBER San Diego, CA 92101 CARRIER NAIL CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation/Employer Liability cont Policy Number Insurer WC 014629625 American Home Assurance Company - NAI C #19380 WC 014629626 The Insurance Company of the State of Pen nsylvania-NAIC#19429 WC 014629527 The Insurance Company of the State of Pennsylvania - NAIC #19429 WC 014629528 The Insurance Company of the State of Pennsylvania-NAIC#19429 WC 014629529 The Insurance Company of the State of Pennsylvania - NAIC #19429 XWC 0910717 Nat'l Union Fire Ins Go-NAIC#19445 qualified States Covered CA AN, AL, AR, AZ, CO, CT, DC, DE, GA, HI, IA, ID, IL, IN, KS KY, LA, MD, MI, MN, MO, MS, MT, NO, NE, NH, NJ, NM, NV, NY, OK, OR, PA, RI, SC, SO, TN, TX, UT, VA, VT, WV MA, WI (ND, OH, WA, WI, WY - Covered for Stop -Gap EL only) FL ME OH, Ohio Qualified Self Insured (QSI) - SIR: $500,000: Only applicable to specific entitles self -insured in the state of Ohio 101 (2008/01) © 2008 ACORD fhe ACORD name and logo are registered marks of ACORD reserved. AECOM and Its Subsidiaries GLO 5965891-09 Eff 04/01/2017 POLICY NUMBER: GLO 5965891-09 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Only those where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. It coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we All pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Pagel of 1 Wolters Kluwer Financial Services I UnAorm Forms'" ro z� a g p P m — p L N 4 O Q m xp N. p b Q asa N"L�_CG U '0 Gul �? d b R: N 4-4 pGp EN GNO.0 N,cPy Z C � 12 N N C 4F ,.. V A 'G 29 a ti a e — G J ❑ f 'S N i _GP obi d w o x m g, g z° $ ❑ ^` va n 5 v 3 c c a c w cd e m LR c Q a — P o « G i ® Policy Number: CP4957-070-8 Date Entered: 07/02/2018 AG►CERTIFICATE OF LIABILITY INSURANCE DATE{MM/DDIYri^() //L/—, tt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(IGS) must have ADDITIONAL INSURED provisions or be endorsed, 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). PRODUCER interstate Trans Insurance Broker Inc. CONEACT rV. S1;C #0G22050 A PRONE (323) 728 0003 Np , (323) 888-2331 P. O. BOIL 911094 Commerce, Ca 90091 7bmoARIbs4l_a.tib2OOO@aol.com Lic# OG22050 INSURERS AFFORDING COVERAGE NAIC# INSURERA;A.'d'.A.T.DT SPECIALTY INSURANCE C0:4E'AN'X 17159 INSURED INTERITA.TIONAL BUS LINES INC. NC INSURER B:MOG"ASSSVE I NUIIAE GOLdPANxES 10243 EVANSTON :WSVE+ANCB C6iiWANY IN„_SURERC: 37352 INSURE DIS�GAtd iJR,A1G QdP 40460 2088 WEST HILLCPMST DR. B208 NEWBURY PARK, CA 91320 INsuRERE: INSURER F t L.. V V Cr[HlD CJ ctrc l iPK;AI k� N REVISION NUMBER THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE A S POLICYNOMSER POlDt7 POLIDYry EXP YYYI LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR �/ X C IP364071 07/02/2018 07/02/2019 EACH OCCURRENCE d7+MAi r FzENS`eFa` E Eaocnurre $2,000,000.00 $ 500,000.00 MED EJCP An nnn rsnn $ 5, DOD . 00 PERSONAL&ADVINJURY $ GEN'LAGGREGATE LIMIT APPLIES PER! POLICY ❑ JRCQT LOC GENERAL AGGREGATE $3,000,000.00 PRQDUGTS-CpMpIOPAGG $ $ OTHER: B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X C:P4957-070--8 06/22/2018 06/22/2D19 M 1 NGLE U.,I aaccd0 t $5 000 , 400^ BODILY INJURY(Perpersnn} ^— ^00W S BODILY INJURY (Poraactdant) S PR PERTY DAMAO ancidont) _ $ C UM9RELLA UAB OCCUR EACH OCCURRENCE $3,000,000.00 EXCESS LIAB CLAIMS•MADr XOBW7268517 EXCESS GENERAL LI.AB 07/02/2018 07/02/2019 AGGREGATE $ — DED I I RETENTION $ E.XMSS FIRE I,GL $ 50o, 000 . 00 WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY YIN ANY PROPRIETORIPARTNERIEXECUTIV6 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) DEmclo SCRIPTION OP OPERATIONS below NIA 5C%-23061.59-0:L 06J19/201$ 07/02/2018 09/19/241.9 a7/02/2019 PER, 47H- E„L. EACH ACCIDENT $ 1, 000 r 000. QO EL.DISEASE-EAEMPLOYEE $1,000,000.00 E,L, DISEASE' - POLICY LIMIT ANNUAL 1,1141T v$ 1, 000 , 000 . 00 $ 50,000.00 A BUSINESS INTERRUPTION INSURANCE (1 'YEAR. ) CIP36407:L DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, Addlttanal Remarks.Schedulo, may be attached If mare space Is roqulred) Commercial Livery Packaged Policy. *** Certificate holder is named as additional insured *** New Location: SANTA ANA, CA. 92701 Al - REVIEWEDBY: EUNICE HERED(A P m�OF CITY OF SANTA ANA, PUBLIC WORKS AGENCY SANTA "A REGIONAL TRANSPORTATION CENTER 1000 E. SANTA AM BLVD.SUITE 108 SANTA ANA, CA 92701 FAX-714-565-2692 AUORD 26 (2016103) SHOULD ANY OF THE ABOV5 DESCRIBED POLICIES BE CANCELLED BIEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED IN ACCORDANCE,WITH THE POLICY MOVISIONS. AUTHORIZED R R SENTATIVE Q 1888-2016 Che ACORD name and logo are registered marks ofACORD Produced using Farms Bass Plus software. www.FormsBoss.com: Impressive PubllshlnD 800-200-1977 All rights reservgrl ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: ATAIN SPECIALTY INSURANCE COMPANY This endorsement modifies such insurance as is afforded by the provisions of policy # CIP364071 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 insured")'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 he 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 expect 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 07/02/2018 this endorsement form as a part of Policy#. CIP364071 Issued to INTERNATIONAL BUS LINES INC._ � Named Insured Countersigned by Auth C R.eprjs�t_ative FtEV ED RY. E. NICE H REDIA PG OF