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HomeMy WebLinkAboutUrban Crossroads, Inc. 1• AGREEMENT TERMINATION Zgg AUG -7 IM 9- 13 Please complete this form when the attached agreement is no longer in effect. Ct j Y Of: fzANTA t' ANA Return form to the Deputy Clerk of the Council (M-30). Call 647-6520 if you havCLitRK: OF UOURGIL questons. The agreement with _ 2 t b,{2 A- v'10O3 — ®-2ZI i was completed on �t 2 and final payment has been made. Department Signature: Date: Revised 4-16-87 City of Santa Ana Clerk of the Council C )06l INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES //-%-03 CLERK OF COUNCIL DATE: 4/11 /0 CONSULTANT AGREEMENT A-2003-024 THIS AGREEMENT, made and entered into this. JC6 day of �= c 4 3 by and between Urban Crossroads, Inc., a California corporation (hereinafter "Consultant" and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic engineering, to prepare a traffic study. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. The parties anticipate that the Scope of Services may be expanded. Such anx expansion of the services will be effective only when evidenced by a writing executed by the Deputy City Manger for Development Services and the Consultant prior to the time the additional services are commenced. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $42,966.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on February 29, 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services and the City Attorney. 4. 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, to the extent caused by Consultant's negligent acts, errors or omissions arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and reimburse all costs for the defense of the City, including fees and costs for special counsel to be selected by the City arising from the same. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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, or (f) is reasonably necessary for Consultant to defend itself from suit or claim arising from this Agreement. 8. 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and, Deputy City Manager for Development Services City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 4 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Urban Crossroads, Inc. 41 Corporate Park, Suite 300 Irvine, California 92606 Telefacsimile (949) 660-1911 Attn: Carleton Waters A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date. Said work product shall be delivered in hard copy and on computer disk formatted to operate on City's computer system. 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. City acknowledges the plans prepared by Consultant as instruments of service. In the event City consents to, allows, authorizes or approves of changes to such plans, and said changes are not approved in writing by Consultant, City recognizes that such changes and the results thereof are not the responsibility of Consultant. City agrees to indemnify and hold Consultant harmless from damage, liability or cost, including reasonable attorney's fees and costs of defense, arising out of the reuse, interpretations, adjustments or modifications of the plans by City or any person or entity that acquires the plans from or through City b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of 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. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 15. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: /rJ PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Ldura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: 9144-- CYNTHIA'J. NEL ON Deputy City Manager for Development Services CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT CARLETON WATERS Principal Tax ID# `33-011329(e( EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative rcD uZ) cuu.:i ic:"jr-n Mr- anti-Kir-1 .3cuu c R ossRoaos February r-, 2003 nAr C;hakir• nnr�n Ivn. vllw e/l Vuvlwr ' CIT;' OF IE AN 11—% A'l`ti 20 Civic Center PiaZa Santa Ana, CA 92701 ,qI ihial-11- Gengvn Commons Traffic Studv 1 /Hl11 VII tll ll ll nll iwl'ri3T�r%I if-, iitwi tl,c 1 IIVtlW ti 1 IVII The firm of Urban Crossroads, inc. is pleased to submit this proposed Agreement, to provide a traffic impact analysis for the proposed Geneva h•prome-rtevommons. posioct is located on the noftheast comer of I sMcH-!LH ur Boulevard a;d, lipvric! Promenade, a.0 bounded ?V: 4.ir�T in-- n r7 �i V8y to the North. It is our understandiDgl t tat �i.F7 %ro�ri) ei? /yn�l y v y r r iLci,'C, fdeveloptenLYlll'oonsiSiofapjroxiCII vsqu refee ogroundOA f7rr+r retaliirl ir k restaurant space, LOd unit's Vi aet-rale I {lg 1-rise apa! U I (tents and u1i, units of fwo story live -work lofts in a mid -rise format. The apartments and live -work lofts will share a common podium garden deck; which will rest on the, retail] rwctn!lirant and . 8B3nrartin�g spaces located withi} three stories ox a semi-s u+�_rrQne4n parking sctur Cr LrJ4.. t\C iniittl=iLi V V 1 l.- VI •� VI \1\ _ TM following Scope of t>I`vork is proposed by Urban Crossroads, Inc. for this studv effort: 1 F-xistinnn roadway System r�_....•_.1 .. A h�i.-,F 'ii.,., n nri nf•'.,n f ho rn i•fur v natur(�rlt Tha ioviil� n m;;,- an-' b iG1 written destiription GI t1.l lu�i�rrC�ar Ilva.V11.. i I rte-.; it th er •mij F..d nllmnor nr` l^G'riev unl� lane ZA/jlt �/ nrl rl nil if:ii,�1 art ^�i! i ol!!G! IlII�Ja 4tG ItUll/1�t.1 V, r.•••••r•••• qt/� J JJ .�....\..� �!1 }, ri r�nfiFi c, r1 C'rtin?!170/� InT�r �l'•tl � r14 plans for funded roauvvays vAl be ident! l u, roadway or signauzatlon will be C!cd!Iy identified in CoirjuilCtioil �ritl, u,c. level of service analysis output. The relevant portions d ME- fi.iii.7rc network as contained in the general plan within the study area will be presented. 1 C. opxaie Ya'K Su Ie 3X - I"v,(kW, CA _22K0 . p:947.000. 11594 . f:749.66C•. i i1 1 .urt,anxroads.com rtn Uj CUU 7 1e:'t iFr•i Hr LtIJCKJC l JCUU P. a Mr. Shahir Gobran I`iTV OF A KI-i A A KI A \_ I t r Vice' S." 11 V 1 /-% to 1 `i ri r_t--.__. is nnnn f CUIUIY J, LUUJ Page 2 2. Existing Volumes r-'"1_Li__ I. L l-r-t1:_ •li L.� 4;t:.. .J _U L... tI:.. t.. ��r >rXistillla. peak (lour ttGttil� will UC idellt tICU 'l)aJCU upOil it$G'v ttaui� GGiinw 1Vi- fifteen (t 5yintersections in'the study area.' .The intersections i be studieddiC'aJ fokkows (Urban Crossroads, .Inc. v+ iii contact the Cities of Costa Men and Irvine to revise.the intersection list as needed):. e MacArthur Boulevard/Redhill Avenue a iviacAl'thur Boulevard/SR 55 Ramps No i tvlacArthur Boulevard/SR 55 Ramps SB O MacArthur Bouievard/Hutton Centre Drive a IVI mrthur Boulevard/IVlaiil Street Q MacArthur BoulevardlFlower Street rMain SIIeCVSUI IIIowtIl AVCIIUC Main Streei/Colurnbine Avenue w Main StreeJ'N lorl Parkway it tvliiilt SuCeuuyer rcoau s Columbine /1\/el 1U8/i'tdt{dUdy Street • o Dyer RoadlHalladay Street Dyer Road/SR 55 Ramps NB - Dyer RoadrSR 55 Ramr�_s SB .: Sunflower Avenue/Flower Street Daily traffic counts will be compiled based on the data available from the Cities of Santo tlna I^/Me and C�sta Mesa. Additional new traffic counts will be conducted as needed. The proposed budget assumes that discussions with Irvine and Costa Mesa will add up to 3 additional intersections to U ie list. n r..:sa: 1 t J. CXISiIng LCVCI of Service A level of service analysis will be conducted on existing intersections on the ,,.,,York; potentially impacted by the project site. Signalized intersections will be analyzed using the intersection capacity utilization (ICU) method. Unsignalizzed intersections wiii be analyzed using the appropriate rriethodoiogies presented in the most recent Highway Capacity Manual (HCM). Mid -block segments wiii be analyzed in accordance with the methodology presented ir> the County Master Plan of Arterial Highways (MPAH) and the City's Circulation Element. in uduitiGn plNnniny level ramY senynlent analysis will he performed for the on - Boulevard inter'ha `-e •lamps Cld, off -ramps at the SOI\-J5J Freeway / t.AIacArtlhUr r Cu Uv LU-.S I C: It 0r'il I r- Lr,a 1_hii- I .3 e-00 Mr. Shahir Gobran CI/ti Q A h 1 _r A AKIA 1 T1 V I VF JY1fY 1 rA f-7r 14!1 r ebruary 5, 2003 wag- n I' dl�C J .t. Gen:e, CI r lai is ;tified ,� reldl VnShlp.lV.Llle �.vu(rty aird SdjaGent.�.lty VCIIGIciI Plans Wi11 U . idcliwluu,. . including *plans for the uiiimate 'numaer of lanes, new roadways. planned fvi the future, -and other. information that provides a context for how the project site '' i L " 1 t: tur. fg1111Cd tra19S 1tation SI stem. InteliclaLes Witl1 titC.fut. G p pv y b. Traffic Forecasts vile UI LJ Ie piiitlillaity products of the ttraf traffic it i IpaCi analysis (T 11A) is the idei It;fiiatiOi 1 of mitigations re required to maintain the specified level of sefVile. Th Ctl1 l -r 4opening year analysis is needed to identity mitigations to allOw the project site to operate satlsfGvtvniy wI, h otl approved pI V�el ls. The methodology for forecasting project trai is is to generate project trips using rates from the ITE Trip Generation report or other sources accepted by the local Jurisdiction- Trips will be distributed based on the location of the project reiative to the remainder of the urban area and on the type of land use. Project site trips (inbound and outbound) will be identified on a graphic map for both the speak hrvurs being studied: The proposed residential 110s will be converted to eOuivaierL souare foutace i� 11 accordance -with the cduinal Mac4rt^ur Pla: � DR.. A 3D% travel demand management t i DINAI) reduction will be applied to tie protact Trip CI er at on, consistent with the itr'IacArrthur Place environmental ntal ililpact repo)1 L (EiRj. r-• :r'-- r n,n -q% L.L. __ L_a ffi , •.....L:..ns 1 1., a�., � LVrIg IGII�V % _/ Iula;C ll dll(l pWJ-UtlV(IJ YvIII Ue derived I1 V111 111e IIn1751 recent Olt T AM traffic model. 6. Levels of Service Urban Crossroads, Inc. will provide a summary of daily and appropriate i✓-ea': h u aruC Volumes with are projeul. The comparison i will SI tOVy volumes by direction. r'.nlr-i iinfa iC.l le fir the following scenarios: Existing plus project wiu I cw't c;olilmiuc : Existing plus project pills cumulative projects with 2vv-''r committed improvements Existing plus project pies cumulative projects with 2004 committed improvements with mitigation, if needed I Lu ate... LvvJ LG:-1TrI'l "r Ln DERJCI 0L- r :. Sha{ ill -:) IJ d{ I Ci T 1' OF SAID T A ANr; eD1 uary , 2uuo f7l- A f- d Y C 4 Buiidout of General Plan including lvlacArt hur Place Development with implementation of an nlitigatlors IIICast,I1CJ f{u{If tvlacArtthur rlacc t_HR a: 202 buiidout of Genera! *Plan including11.11 Mac \ rt,iUi Place DCVeiOpliferit t^ 'j~ iMpiementa.tion of atl 'mitigation. measures 'frol-1l MiacA t thur Place �!R at 2025 with new mitigation, if needed Urban Crossroads, Inc. will compute levels of service fur unsigr laiiZed it l r SectiOr iS based on.the procedures in the 2000 Highway Capacity I'Vilanual and subsequent modifications, where applicable. Copies of the volumes, illteisection geolf{etry, capacity analysis worksheeill ts (not just summary), and all relevant assumptions ,rill be included as appendices to the T iA repo) Urban Crossroads, Inc. wit! identify resulting levels of service 'IU-r intersections and roadway segments, as appropriate.. Ramp segment analysis will be completed for freeway ramps within the studv area. Urban Crossroads, Inc. will also describe any other imna,tc that the project may also have on the roadway network, particularly access rontliromnntc i. i (tijvva IVttttyLillili TI le k.IL.. r La A lha adopted LOS LI ICleVU! I i !C l.�lt�/ Ul Santa Ana f IdJ aUVIJ IeU t_VJ „D,. as U IC Iita%\ilil Ulill ai.VG pI.0 =::= ICYG: iJ. Sei`viCB (LOS) for all inter58CuunS and iiiiu-bIOCn {vl;auvlw, eX%c^pt in designated major development areas (IVIDHs). LOS E is Consiuereu acceptable at intersections located within designated MDAs.. A project impact wiii be identified wherever unacceptable traffic operations occur and the project adds 11% or more to the intersection ICU, or where *an acceptable LOS is identified for no project nnrti4inn and the nroiart tr f71� a{USec an {Warta tal le ca„1,....1,s h. ,.1. a.,. c. t~....ccep....b. LOS. The mitigation of project impacts is designed to tuenti, t,.;ten lat e'veef l OI SeiJice problems for the project site and to address them before they actually occur. This will. also provide a framework for negotiations between the local jurisdiction and the prniect developer regarding the timing of improvements. Impacts beyond the t.— ndar;eS of the i'urisdictinn All he identified in the came fashion as impact- within WU114 V VI Iv V. tale ji..%nsVivtirnnt hr%rinr4nn! i-rovements necessary to provide acceptable LOS will be identified 'wherever a project impact occurs. The level of service with improvements will be computed and documented, and wiii be shown on a map or table along with the traffic level of service without improvements. Delay values or other measures or level of service will be included in the resutts (could be in an appendix) @Iona with the letter A—i-n� tin, 1 tiJ 1�11Iaf1 ,. ttii Ub eUlijcum N-o 1"r. Shahir Vobran CITY OF SAN Innd. ANA February S. 2003 rayc $. r otect Access and Circulation Evaluation i The traffic study `vvfii aiSo addCess project access and internal Git,eiiati0rl. Adct�uaCy of proposed Driveways, paCking accessibility, sigiii d1starice, aridinternal cirtilia'. r't will be reviewed. 9. Conciusions and Recommendations Urban Crossroads, Inc. Will provide a sumilmlary- of uro itilpacts, p,ipoSed *mitigations, and the projects proportional shale of t1 Ilic. 'Summary list Of typical ?igures acid tables to be Included in th(e 'i IA Pert: /e rfojec tt iocatlol 11 and study area (t i taYj n_: e Project o:c_c by land use t/L aLul e J L.. 1__J I 1_ L_..�� C adjacent 1__...1 L_...ir... .., s Trips generated by Iai d use for peal hours of adjacent sucGt ttattt:, arlt: for aaidy traffic inbound. and outbound (table) v Existing intersection and link volumes. and levels Of servile (maps and tables) Distribution and assignment of projeottrips. (maps) rTT Lr_ 'LL 1 L__ nnnn •Lt. l.."Ve ,.. "cip r-' i .1�eCaSt tFa111C 4viu1 prUject JUl cvtrt 4viu1 l.t,illtl.ltdtl prOjeCta r,U�clllllg year j and 2025 conditions for daily and peak hour M11Uiti011S killaN or table) 45 Levis of service for 2004 with cumulative iojeets (opening at` ::it h t, p--j (opening � �i'a� i project and With mitigations t,la or table ►� jam„ y (..'..� s Levels of Service for areawide bulidout conditions with projt-;t—;L a,id 4 miltigations (lrnap or tauie) • Uescripttion of If IIi.JIUYeIltelllJ reqUired W Illitfyatc plUJ LA 1t111lpat;tS (,ila, anchor table) i hi e iewlt wni include all CXCcI.i LIVC JL'tllltlaly and the otuher CIGIIICIIW IIVIGU III 111G C;it}(s "General Guidelines for the Traffic Impact JLl.1dIeS". A screenchec:k drill: report Will be provided for st?ti review and comment. Based on initial comments received, a draft report vAl then be issued to ensurxthat the City staff is satisfied FEB 05 2003 12:45P1f HP LRSERJET 3200 P, ; I-Ar. Shahir Gobran Ci T V OF SAN T A ANA Febnua^_, 5, 2003 Pace 6 faith the revisions in response to the initial comments. Based on this secom r2via'r'r', it iS anticipated tii'ai additional minor revisions may be required, resultina in 2 thil d and final, version of brie traffic study rep&L. 1 . i`d+cet; ngS/Heanng s urban Crossroads, Inc. staff will attend up to 4 progress meetings with City staff, 2 coordination meetings with Caltrans, and 2 public hearings as part of the proposed woiin effort. f'KVFESS1DNAL FEES Tie fee for tfi work outlined in this proposal is based Upon personnel charges plus direct expenses as indicated in the attached Exhibit A. The "riot -to -exceed fee to accomplish the above Scope of Work is $39,O60.. if the City of Santa Ana, in consultation with Cities of Irvine and Costa Mesa requires more than eighteen (18) intersection locations to be analyzed, Urban Crossroads, Inc. would be pleased to analyze these locations for an additional fee of $11,400 per location. Exhibit B provides a blcakdovfln of tIe estii—nateu cost by man-hours- and task. Three colpieS (irry tnlul d and on ie cric inlal wl ale clie t s Use) o1 a e project repo- t woun: be plGpaled. Semi i"viontliiy biiiinlgs for urban Crossroads, Inc. wiii be based Upon the attached Exhibit'+ - BILLlivC RATES FOR URBAN CROSSROADS, INC.. The proposed fee does not include attendance ac public hear inUSimG^etii cgS, W:licii Tilaji be required to secure approval of the project. If these are required and requested; Urban Crossroads, Inc. would be pleased to attend these meetings and billing would be based upon the billina rates included in Exhibit A. t: A. fle.i, VIVA.�.• :.d eN: t: :M mini►, a 11• c .111, • t!' :1 : �:• •>,t:• c •� t: -� ►� _ Na►i .: eN �:a�r� �rq 4� :a �' : wl�n� _G � a I, i �f It�cip 1 .ari �H ? ,a% li����.1 r, n. �► ;i+ v�� _i. '��• 41,I�t► q' .H it R► In the event that a lawsuit is brought for the enforcement of anv of the terms of this a%1ccien•, `It"^ prevailing par*ty should be Ent•tie d to att orney fees and costs in t addition to any darnages. 1 i1ME SQHEDULE 11 is t• t th study take ` 1 45 working days to complete- frolil . f3 estimated ulat IIC Stuffy WiII tans approXiriiatclV the date of authorization, and date of receipt of data essential for the study. Mr. Shahir Gobran CITY r ^vF Sr;1JT% A114 FEbFuai V 5, 2003 pa`n i 1::viiG 11 y, ally delays ICJI-Ii 11 nrg ItVlll circumstances LJCylJr1U our control, Vi, such as weather, shaii extend the time schedule. - la([JA4I FiLIrk ilVINv iJ1Uan C@SSrvC:U lnc. IS iota' d`n it Vine, California and SUecial;zes in lransooilaiion planning and traffic/acoustical engineering for governmental acriencies and the business Community. The firm ptini;ipalS and associates have over 100 year; of Combined engineering and planning experience throughout Southern California at the regional, local' and lndlviduat project leveiS_ The experience of the frm's perSonnet in transportation planning and tralfiwaaouStiial engineering provides Ile Special Skills rieoe-SSa; y for deie— taint; ig practical and meaningful teal is SoljtionS. This letter can set ve as a Memorandum of Agreement and our authorization to proceed. Ploase sign n one Copy and retUi n li iv US for our files. V11'e are looking fa 4vai d t0 serving you of i this project. This proposal is valid for sixty days, if sianed by the client. if you have am., qu_=Stions reciarding this proposal, plisse give me a Cali at (949) 66-v- 4 nr% A n 'Ll llv i'teI .�Spi✓i iiiiliy SUt)IiiiiiaU. URBAN CROSSRvAD)S, liVv. Carleton Waters, Principal Cbv:RS:D1, JN:01033-01 Attac... e. i. (.VN T RACT APPROVAL: AE)proved by: T Ilia: Firm: ri T Y OF SANTA ANIA n I-,' C ae: EXHIBIT A ING IMTES I U, URBAN I rRneca� DS Ilu� f L L I f V \i 1 \/"\ I V V t V l\ V I\ Li /'\ t V V I\ V \i � f\ ADS i3 } 14C. CVI ( I.•. e n S nl:on tjr SenVi wS 11Gl IJ4CIV:I IUI \. vi The Col nkltaa- t ntS Oilill g rates lur services are as follows: Position Haudiy state Se nivr Prindbai 15IV' .0•V t lrll,..l i./ai .Ci i4G.GG ASSvCI Le PIiilCic7al 5 i 25.GG Senicjr Associate I Q•�ii i Associate S 100.Ou Serb-.- Er ginee.- Planiner/Designee S 85.V0 €ngiree,IPlan er/Desarer/Analyst S 75.00 Assistant Enaineell-Planiler $ 65.00 55 -� 8;jrlior Tt�it..l I..iCi n E W Enal1leel lna Technician l ll p 4a.GG Enciineerino Technician, 43 4i.L0 �r_ EnaiS nead a Aide 5).0un nul I I11 IiSclative ASSiSIdi ll 45.00 Administrative Aide 40.00 Cleflca! Aide $ 35,00 -eneral (1) rieimbursabie direct costs, such as reproduction; suppiies,. messenger service, long cistal�tie tatephc'na aiis, t:aveI and trade counts will be billadd at COS 'I plus tare (10; percant. (2) Houry rates a6piv to Worek tarie, traVN time and tirrl2 spent at pubiic bearings and meetings. For .f�..,g 'Cr�' } a above rates i Nr ar1 w VVVc;.;_e th above rates may b� n^ easad } w. .. (3i Clioii pam[ ent for professional services is not contingent iipcin the Elieni receiving oayrnent from vu f Ice r le(3ai u-ru.J:.... . (� Siiiing statements for work wili be submitted semi-monihiv. Statements are payable within thirty /?(�1 F fh4 Arai f 1'�n F } !o .�.i �t. ts}ern v�i: �n�3iv .s..H ri 3] 1 ti II b lvJ! days o r .,,.,pt by G� t o; s.a: m Any s..... , u.,,.... „er this }� (,�� dw � s all ,.•a subiect to interest at Ghe maximum aemmltt,�d by law. GF3i Cli 1'JGI J. 2L V= F ..— U I It Q O d d C O G Ot �co ^cc^ 0 c. O G coc '0t o„ Ij I�u F11 0 0000O00OI N O to OQOO dl Olt II Ir' ccj( OIt v v N "t r� N r t� M 47 V N( d to O 47 (N L9 � (p 1 QIt GGIO N4'n1 (s> co'). Eq cf3 cf3 I Mari Ln'l; A S3 m ba by M Y I f I C Ir-1—�i ptl I rLL n I tl I, I 11 II I GOtt cD CV CV G� N Ql V' vt d o- N(DCl) va,i li y II i s I If it I —G i li N iItI II G 1 G I li { I marl (yv�17(_a_� cl II m N� v i nt i � e tl I I it yi In to m 11 (.,N coN.- Cot tl ntt 11 I 4rLL; r'11 �C I it II u't It U C7 IIQI •- tl I � L =,{ (?'I p L eY OJ co �' N 00 N t ►- Y tl IIj G �I IIIlOirj) �'`�` 11 u a` Z Li Q� t ti t o 2 II LIJ 11 ti1 � Pit I .L �t L c� f� Q "T 00 'D co N C11 c4 CT "' -C F- m I � oil W vl a I u)11 ;I t A rJmv (.0 mmlCN -11 11 I if) 9 q c PG I � �tfltf LL I I 1 m ii jjo a o � � � cam. •- �- l 8 Ott p I ZIt ktl II C IT a :it �I II J I U "' I c%,ItI 1IuI I tl c LU I 5t II XII II �"'•2� I y M T (! u I' II II o U o f Q Q ° vl M o 11 �tl �, n. yr Q c.t= <1 Ell fit t�s u J -�'FUit it 9G i CV r CV C7 cr 4) (D t� 1 Ali NOV 13 2003 11T17RM HP LRSER.IET 3200 9316 [IRReuronB P.1 ACOB�a CERTIFICATE OF LIABILITY INSURANCE 7oi3113°°" Dealey, Renton & Associates �V -13 199 S Los Robles Ave Ste 54D N - DOd " l 7 3 - I Pat )a, CA 91101 A ..ko3 - 0:a4. THt3 CERTIFICATE IS ISSUED AS A F.V' 7R OF INFORMATION ONLY AND CONFERS NO RIGHTS OF"N THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 626c,¢3070 A _a0t73. 14�- INSURED Urban Crossroads, Inc. 41 Corporate Park, Suite 300 Irvine, CA 92606 INSURER United States Fidelity & Guaranty Naunons SL Paul Fire & Marine Ins. Co. INSURER D: INSURER D: INSURER E: THE POUGES 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" TYPE OF INSURANCE PDUCY NUMBER Cy EFFECII UCY EXPIRATION - UIl17f A r1ENEAALUAaT.1T'r BK01237806 11101/03 11/01104 EACHOCCURRElGc $2000000 X COMMERCLILGENERALLIABILRY IM CLAS MADE FiIOCCUR FIRE DAMAC£(Anyma/n) $=Do MED E%P(AiYMN Perean) $10000 PERSONAL E ADV INJURY $2 000 000 GENERAL AGGREGATE 00D OOO GEMLAiGREGATEUYITAPPLES PER: POLICY TR LOC PRODUCTS •COMPIOP AGO f4 OOO O00 ' $2,000,000 A AURCMrNMLE LU WW ANY AurD 13KO1237606 11/01103 11101/04 COMBINED swGLE uluT (Ea eccMeM ALL OWNED AlTDS ]XX SCHEDULED AUTOS BODILY KQU RY (Pa w.m) $ AUTOS NCN-OWNED AUAUTOSHIRED BODILY Ir1A$iY (Par e NuU $ PROPrsE mrnA"9 CF $ l GARAGE UAWLTY ANY AUTO AUTOONLY-EAACCIDENT $ OTHER THAN FAACC AUTOONLY: AGG S $ EXCEASUABBGT' OCCUR CLANS MADE EACH OCCURRENCE $ AGGREGATE $ S DEDUCTIBLE - --. a B RETENTION E WDwcEREcompewnoNAND EMPLOYERS' LABILITY 1NYA77359D0 11I01l03 11f01104 X MIC STATU- DTI• $ EL EACH ADCIDENT $1 000 000 E.L DISEASE• EA EMR $1000000 EL DISEASE - POUCY UNIT 1 000 000 $1,000,000 per claim 52,000,01 ,,1 aggr. B OTHER Professlonal lability CIP03804176 11/01/03 11/01/04 DE$CFWnoN OFOPERATIOMA=AnONSNEMCIEWE=UBIONS ADDED BY EN DOR9EMENTISPECIAL PROWBIONS City of Santa Ana, Its offieers, agents, volunteers and employeas are named as additional insured as respects general liability for claims arising from the operations of the named Insured. City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 02701 SHOULD ANYOFTHE ABOVE DESCRBED POLICES BE CANCELLED BEPOFETHEe :PNAnON DATE THEREOF, THE ISSON: NSlASK UMLL WMAL30_DA'SWWrMN NOBCETDTHE CERTIFICATE NCLDERNAMED TOTME LEFT, anaMarpuranlMMUM Of 1 OM94630 NLS 0 ACORD CORPORATION 1986 t ^' NOV 13 2003 11:17nM HP LRSERJET 3200 P,2 Policy Number: BKO1237606 owners Lessees or Contractors (Form B) ADDITI6NAL INSURED Change(s) Effective: 10/31/03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modes insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability prising out of "your work' for that insured by or for you, City of Santa Ana, its officers, agents, volunteers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. CUBF 22 40 03 95