HomeMy WebLinkAboutPLANNING CENTER, THE 2•
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect
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Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 ifl�e, any A rM VA
questions.
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The agreement with., L�\`���CVICx
was completed on gzo %l O ,y , and final payment has been made.
Revised 8-7-03
Department:
Date: Z
City of Santa Ana
Clerk of the Council
N, A-2006-317
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�AiE"2.ai 07 CONSULTANT AGREEMENT
?AGO THIS AGREEMENT made and entered into this 41h day of December, 2006 by and
(T ZEi between The Planning Center, a California corporation (hereinafter "Consultant"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing pursuant to the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
environmental studies.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall prepare an Environmental Impact Report and related technical studies
for the Village Green mixed -use residential development, as set forth in Consultant's Proposal
dated November 14, 2006, attached as Exhibit A to this Agreement.
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 B. The total sum to be expended under this
Agreement shall not exceed $245,000.00 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. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and produced in a form compatible with
City's computer system, as agreed between the Project Manager and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement,
including but not limited to books, reports, plans, photographs, drawings, Consultant agrees, for
itself and all of it's affected officers, employees, agents, contractors, subcontractors and
representatives that (a) other such material may not be copyrighted without prior review from the
City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and
to its officers, agents and employees acting within the scope of their official duties, as a
condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license
throughout the world for governmental purposes to disclose, publish, translate, reproduce, and
use such materials.
4. TERM
This Agreement shall commence on the date first written above and terminate on City's
acceptance of the final EIR, unless terminated earlier in accordance with Section 13, below. The
term of this Agreement may be extended upon a writing executed by the Executive Director of
Planning and Building and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain
commercial general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Consultant's operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single limit
coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City
with a fully executed additional insured endorsement in substantially the form attached hereto as
Exhibit C upon execution of this Agreement and shall be approved in form by the City Counsel.
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 Counsel.
(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.
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, 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.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the 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:
Planning and Building Agency
and
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973-1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: The Planning Center
1580 Metro Drive
Costa Mesa, California 92626
telefacsimile (714) 966-9221
Attn: Rachel Struglia
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST'
r r
PATRICIA E. HEAL
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Lau heedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REA
City Manager
THE PLANNING CENTER
Tax ID #
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
aconia CERTIFICATE OF LIABILITY INSURANCE OP ID
PLANN-1
DATE(MMIDDYYYY)
07/07/06
PRODUCER
Austin Cooper 6 Price
Ins Agency Inc (Lic-0546677)
Box 3280
_, Bernardino CA 92413-3280
Phone: 909-886-9861 Fax:909-886-2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
Planning Center Inc
1580 Metro Drive
Costa Mesa CA 92626
INSURER A: National Fire Ins Co (CNA)
INSURERS: Praetoriam Ins Co (KRM)
INSURER C: Valley Forge Ins CO (CNA)
INSURER D: wastchester Surplus Lines (Len
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE(MMODPOUCVrFFECrM)
MIFUVA
DATE MM% DM
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
PREMISES(Ea occurence)
$1,000,000
A
X
X COMMERCIAL GENERAL LIABILITY
2090701722
07/01/06
07/01/07
MED EXP (Any one person)
$ 10 , 000
CLAIMS MADE OCCUR
PERSONAL &ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
$2,000,000
POLICY PRO
JECT LOG
C
AUTOMOBILE
LIABILITY
ANY AUTO
BUA2088127377
07/01/06
07/01/07
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTYDAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
ANY AUTO
IS
EXCESS MSRELLA LIABILITY
EACH OCCURRENCE
$4,000,000
A
X OCCUR �CLAIMSMADE
2088126939
07/01/06
07/01/07
AGGREGATE
$4,000,000
$
DEDUCTIBLE
$
X RETENTION $ 10 , 000
WORKERS COMPENSATION AND
X TORY LIMITS ER
E.L. EACH ACCIDENT
$1,000,000
B
EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
01KR0033085
07/01/06
07/01/07
E.L. DISEASE- EA EMPLOYEE
$1,000,000
if yes, describeunder
SPECAL PROVISIONS below
E. L. DISEASE -POLICY LIMIT
$1 000, 000
r
OTHER
A
Property
2090701722
07/01/06
07/01/07
Prof $1,000,000
D
Prof/Pollution
IG22067291002
Pollution $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
Operations pertaining to named insured for certholder.
Certholder its officers, agents, employees and volunteers are add'l insd as
respects gen'l liab per SB146968A 01/06, as required by written contract.
30 day N O C except 10 day for nonpayment.
CARRIER WILL NOT MODIFY CANCELLATION CLAUSE/NO XXX OUT.
CERTIFICATE HOLDER CANCELLATION
City of Santa Ana
20 Civic Center Plaza, M-20
Santa Ana CA 92701
CITYSAO I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
PV
988
SB146968A 0106
Page 1 of 2
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as
an insured any person or organization whom you are required to add as an additional insured on this policy
under a written contract or written agreement; but the written contract or written agreement must be:
1. Currently in effect or becoming effective during the term of this policy, and
2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury."
B. The insurance provided to the additional insured is limited as follows:
1. That person or organization is an additional insured solely for liability due to your negligence specifically
resulting from "your work" for the additional insured which is the subject of the written contract or written
agreement. No coverage applies to liability resulting from the sole negligence of the additional insured.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or
written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are
inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY
AND MEDICAL EXPENSE DEFINITIONS — "Insured Contract" (Section F.9.) within the
Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising
out of the "products -completed operations hazard" unless required by the written contract or written
agreement.
4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage,"
"personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or
failure to render any professional services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications by any architect, engineer or
surveyor performing services on a project of which you serve as construction manager, or
b. Inspection, supervision, quality control, engineering or architectural services done by you on a project
of which you serve as construction manager.
5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury"
arising out of:
a. The construction or demolition work while you are acting as a construction or demolition contractor.
This exclusion does not apply to work done for or by you at your premises.
C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense,
Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following:
An additional insured under this endorsement will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this
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insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage
Part;
3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for
a toss we cover under this Coverage Part; and
4. Agree to make available any other insurance which the additional insured has for a loss we cover under
this Coverage Part.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive written
notice of a claim or "suit" from the additional insured.
D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted
and replaced with the following:
2. This insurance is excess over any other insurance naming the additional insured as an insured whether
primary, excess, contingent or on any other basis unless a written contract or written agreement
specifically requires that this insurance be either primary or primary and noncontributing to the additional
insured's own coverage. This insurance is excess over any other insurance to which the additional
insured has been added as an additional insured by endorsement.
3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional
insured against any "suit" if any other insurer has a duty to defend the additional insured against that
"suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional
insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss,
if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance;
and
(b) The total of all deductible and self -insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess
Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in
the Declarations of this Coverage Part.
E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners
Common Policy Conditions is deleted and replaced with the following:
2. We waive any right of recovery we may have against any person or organization against whom you have
agreed to waive such right of recovery in a written contract or agreement because of payments we make for
injury or damage arising out of your ongoing operations or "your work" done under a contract with that person
or organization and included within the "products -completed operations hazard."
http://fo=et-ci.cna.com/nDohtrn/scna5359.htm 7/7/2006
lf-JON THE
N PLANNING
November 14, 2006
Ms. Ann Ni
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza, Ross Annex M-20
P.O. Box 1988
Santa Ana, CA 92702
Governmental Services
Planning & Urban Design
Environmental Studies
School Facilities Planning
1580 Metro Drive
Costa Mesa, CA 92626
Phone: 714.966.9220
Fax: 714.966.9221
www.planningcenter.com
Subject: Proposal to Prepare an Environmental Impact Report (EIR) for the Village Green Mixed
Use Residential Community, City of Santa Ana, California
We look forward to working with the City that constitutes "Orange County's downtown." Because
you are the County's government and administrative center, one of the County's first cities, and are
centrally located, you are faced with many exciting and challenging planning opportunities that we
look forward to being a part of. The Planning Center staff has extensive experience with controversial
residential developments having prepared numerous environmental documents, each with particular
issues, physical constraints, and community concerns similar to those facing the development of the
Village Green project.
Key staff and resources are proposed for this project. Dwayne Mears, Principal -in -Charge, will act as
a Senior Advisor on this project, providing input as needed. JoAnn Hadfield will serve as Co -Project
Manager with Rachel Struglia. JoAnn's 25 years of experience in project management on many large
controversial EIRs combined with Rachel's familiarity with issues of infill development, create a
strong project management team for this project.
This proposal shall remain valid for a period of ninety (90) days from the date of submittal. We look
forward to working with the City of Santa Ana to bring about the successful completion of the Village
Green EIR. If you have any questions regarding the contents of this proposal, please feel free to call
me at (714) 966-9220 or e-mail me at rstrugli@planningcenter.com.
Respectfully submitted,
THE PLANNING CENTER
Rachea, PhD, CP
Associate Director, Environmental Services
Enclosures
EXHIE31T
Proposal
Environmental Impact Report for the Village
Green Mixed Use Residential Community
submitted by:
r&nTHE
CPLANNING
OCENTER
www.planningcenter.com
COSTA MESA
1580 Metro Drive I Costa Mesa, CA 92626 1714.966.9220
Contact: JoAnn C. Hadfield Contact: Rachel Struglia, PhD, AICP
Director, Environmental Services Associate Director, Environmental Services
E-mail:jhadfeld@planningcenteccom E-mail:rtruglia@planningcenteccmm
with:
FUSCOE ENGINEERING, INC.
DISCOVERY WORKS, INC.
NOVEMBER 14, 2006
1. PROJECT UNDERSTANDING
R
1. Project Understanding
the reQuest of the City of Santa Ana, The Planning Center is
pleased to respond with a scope of work and cost estimate for a
At
380-unit mixed use residential development at 2833 North
Bristol Street in Santa Ana. The project is already developed with
multifamily and commercial entities and is surrounded by residential,
commercial and park uses. The project applicant is Sun Cal -Heritage
Village, LLC. The proposed project will reQuire a Tentative Tract Map, a
zone change to create a new specific development district, a general
plan amendment and a development agreement. Due to the size and
scale of the project as well as the fact that demolition of existing
buildings will be reQuired, an Environmental Impact Report (EIR) is
needed to address potentially significant impacts associated with the
"The, 5ukea a n+ EIK was wr,ll—
project.
conS+rociad, raSaar�hod, coordinaiu!
We understand that the applicant has already conducted the following
and reflc�fod We'll on the Gt� a5
studies that would be available for use in the EIR analysis:
+he. 'Fmpamr' of -Mir, aloarmon+ "
—Pam Davis, AICP
• Phase I Environmental Site Assessment -
Senior
City of Irvine
. Geotechnical Study
• Hydrology Study
The Planning Center is prepared to provide the following technical
analyses in support of the EIR. These studies are included in this scope
of work:
• Air Quality Analysis
• Cultural Resources Records Check
• Noise Analysis
• Shade and Shadow AnalysisNisual Simulations
• Water Quality Analysis and Hydrology Report Peer Review
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 1-1
2. Methodology and Scope of Work
he Environmental Impact Report'(EIR) will be prepared in
conformance with the California Environmental Quality Act
"The, walifrl of work iS ezc4rrf..
(CEQA), State CEQA Guidelines, and City of Santa Ana CEQA
The, knowle r of en✓ironm"fal
Guidelines. The proposed contents of the EIR and the methodology for
law and Procedures IS rwidutt
its preparation are described in the following pages:
This knowlede� iS eSSe,nt al when
de,alin$.wifh land esG
Preparation of the EIR
iSSve,S and The, Planning Gonfer
Task 1: Initial Study/Notice of Preparation
Sfaff iS wall vrwSe, in fha laws.
If *hero was a gVe, 'ion re?rdinaa
Brief written responses will be prepared for all items included on the
law, Plannin5-6enfer staff did no*
City's standard Initial Study checklist. Each response will explain the
heSifafe io reSaarch issvaS in the
basis for the No Impact, Less Than Significant Impact, Less Than
Significant With Mitigation Incorporation, or Potentially Significant
sfafufe,S. That is a $nod thin "
Impact response and will clearly indicate why a particular issue would not
—Mr. Ken Miller
result in a significant impact and does not require further evaluation, as
Director of Facilities Planning
Rialto Unified School District
y well as those issues that require further anal sis in an EIR in order to
fully determine the extent and significance of potential impacts and to
identify mitigation measures that could avoid or reduce such impacts to
a level of less than significant. Given the City's decision to prepare an
EIR for the proposed project, it is assumed for the purpose of this
proposal that checklist responses will consist mainly of short statements
that lead to further analysis to be prepared within the EIR. A complete
list of reference sources used to prepare the Initial Study will be
provided.
A Notice of Preparation (NOP) will be prepared, using the City's
standard form. A copy of the Initial Study will be attached to provide an
immediate explanation of the preliminary scope of issues to be included
in the EIR. After City approval of the NOP, The Planning Center will
copy and distribute the NOP via certified mail to state and local
agencies, surrounding property owners and other special interest groups
or individuals identified by the City. It is assumed that the City will
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-1
provide addresses of surrounding property owners and residents ,
selected to receive copies of the NOP. A brief cover letter will be
prepared to explain the purpose and content of the NOP and to clearly
identify the time period, contact person, and address established for
submitting responses.
Products:
"f%Xoollcnt mport and follow-up.
Draft IS/NOP (3 review copies plus digital copy)
'this is cXa�tlry how this Prow -SS
• Final IS/NOP (So copies to and one reproducible original and digital
Should work. and fha..fcam iS fo bt
Copy)
commemalrO &mat micro -focus
wifh local conccrn. Thanks fa fhc
Task 2: Public Scoping Meeting
tnfirt 1-5 Tcam...Iou art th-- modcl
The Planning Center will assist the City in organizing and conducting
for how fo makc this all worm for
one public scoping meeting (with Responsible Agencies and the general
our commvnificS!"
public) to present the main characteristics of the proposal and to solicit
—Fred Latham, City Manager
comments regarding the scope and content of the environmental issues
City of Santa Fe Springs
to be addressed in the EIR. Pre -meeting assistance will include
scheduling the meeting, preparing public notices and agendas for City
staff review, and mailing and publishing the final notices. At the meeting,
we will be prepared to discuss the environmental review process and to
answer specific Questions, as desired by the City. If reQuested, we will
also prepare informational items to be distributed at the meeting, such
as:
• Flowchart defining the entire environmental review process,
highlighting opportunities for public input;
• Selected reduced -sized copies of applicant's master plan exhibits
and textual summary of project characteristics;
• Questionnaire designed to obtain focused responses to identify
environmental concerns
It is assumed that the scoping meeting will be held early in the 30-day
public review period.
Products:
• Scoping meeting (1) attended by up to 2 Environmental Consultant
members
• Scoping meeting agendas and minutes
Page 2-2 Proposal to the City of Santa Ana
3DOLDGY i scnpF nF wnp
Task 3: SB 18 Consultation
Senate Bill 18's implementation into law, effective March 1, 200S,
places new rectuirements on cities to consult with Native American tribes
when a General Plan Amendment is reQuired. The first task is to submit
an "SB 18 tribal consultation list" reQuest to the Native American
Heritage Commission (NAHC) in Sacramento. This list can vary slightly
from other lists provided by the NAHC. The NAHC has 30 days to
respond with a list of tribes to contact for consultation. If the City has
already reQuested this list, the City can then proceed with a reQuest for
consultation with each tribe, which should be sent by formal letter via
return receipt and with a follow-up call from a City Department
Director/Head. (We have examples of this letter that we can provide to
the City). Once the tribes receive the City's reQuest, each tribe has up to
90 days to respond. We envision the tasks for compliance with SB 18 as
follows:
Task 3.1: Tribal Consultation List Request
Send tribal consultation list reQuest to the NAHC on behalf of the City
The following Tasks are only necessary if meetings are reQuested by the
tribes. Therefore, they are included in the scope and budget, but will be
performed only at the reQuest of the City:
Optional Task 3.2: Initial Face -to -Face Consultation (Meeting 1)
• If NAHC response includes tribes responding to the reQuest for
consultation, assist the City in setting up initial face-to-face
consultation with City staff and tribal representatives (Meeting I ) -
• Preparation for and attendance at Meeting I (assumes attendance by
a Director of Environmental Services/Environmental Project
Manager)
Optional Task 3.3: Meeting 2
• Incorporate comments into map/plan document/EIR from Meeting I
(Assumes 4 hours)
• Assist in setting up second meeting with City staff and tribal
representatives (Meeting 2 or Tribe 2)
• Preparation for and attendance at Meeting 2 (assumes attendance by
a Director of Environmental Services/Environmental Project
Manager)
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-3
Optional Task 3.4 Continuing Consultation and Final Revisions
In our experience with tribal consultation, the reQuirements of SB 18 can
usually be met in one, and at most, two meetings per tribe. This scope
of work and budget assumes a maximum of two meetings. Any additional
meetings would be attended on a time -and -materials basis.
Task 4: Screencheck Draft EIR
Task 4.1: General Information
Introduction
This section is intended as a convenience to the reader who is not
familiar with CEQA, EIRs or the environmental review process. The
purpose and standards of adeQuacy for an EIR will be defined. A
discussion the environmental review process for this project will be
presented. Characteristics of an EIR and the reasons for preparing an
EIR for this project will be described, and the intended use of this
document as the master environmental clearance for the proposed
project.
Executive Summary
"Thi6 is one, of fhe, ie4t draff This section will consist of a concise summary of the information
presented in the main body of the EIR. This will include (a) a brief
roPortS that I have, had the, I lug project description; (b) a tabular summary of findings regarding project
Of rcvie,win�-over fhe, Past four and cumulative impacts, mitigation measures and any unavoidable,
rlcarS—a mode,) mport in e-Vew l significant impacts; (c) a summary of discretionary approvals reQuired for
scnse,. It is we,ll—wriitrrt and has the project: (d) a brief description of the alternatives considered, noting
obvioudl alre,aell be,e,n vorrl wall which one was considered the environmentally superior alternative; and
Proofu," (e) areas of controversy and issues to be resolved.
—Paul Hughes Project Description
Environmental Services, Inc
The project applicant will be identified, along with a statement of project
objectives. Specific characteristics of the project will be defined,
including the proposed tentative tract map, zone change, general plan
amendment and development agreement. Rectuired discretionary
approvals and anticipated uses of the EIR will be identified. Illustrations
will include regional and site location maps, and the proposed land use
plan.
Environmental Setting
A general description of the regional and local setting will be provided to
establish the environmental and planning context within which this
project occurs. In addition to physical characteristics that comprise the
Page 2-4 Proposal to the City of Santa Ana
2. METHODOLOGY i SCOPE OF WORK
environmental setting, relevant regional and local planning programs will
be discussed to establish whether this project is consistent or
inconsistent with applicable planning policies and programs. More
detailed descriptions of existing conditions and pertinent policies will be
provided, where appropriate, as part of the discussions under each of
the specific impact topics in the main body of the EIR. Surrounding land
uses will be identified on a vicinity map. Based on information readily
available from the City of Santa Ana, development trends occurring in
this general area will be described, and any other major development
projects planned or proposed in the vicinity will be highlighted. Planned,
pending and approved/not built projects throughout Santa Ana will be
listed and total development by land use category will be Quantified.
Other relevant projects such as infrastructure improvements or
community facilities which could have a direct effect upon this project or
local growth trends, and which are planned to occur during the time
frame of the proposed project, will also be identified.
Task 4.2: Discussion of Existing Conditions, Environmental
Impacts and Mitigation Measures
Each topical section of the document will: (a) describe existing
environmental conditions and pertinent regulatory policies and programs
that apply to this project, (b) define the criteria by which impacts will be
determined to be significant, (c) determine the environmental changes
that would result from the project, (d) evaluate the significance of those
changes with respect to the impact significance criteria, (e) define
mitigation measures to reduce or avoid all potentially significant adverse
impacts, and (0 provide a conclusion as to whether significant impacts
would remain, even after successful implementation of recommended .
mitigation measures.
The EIR will be clearly written and will avoid the use of technical jargon
so that the document is easily understood. If technical terms need to be
introduced for accuracy, they will be clearly defined. The analysis of
issues will be thorough,yet concise. Practical and feasible mitigation
measures will be formulated which relate directly to the primary and
secondary effects identified in the impact sections of the document.
Analytical approaches to each of the EIR topics that we anticipate
needing to analyze are described in the following pages.
Aesthetics/Visual Impact/Shade and Shadow Analysis
The proposed project increases the density of the residential uses
allowed in the area and allows building heights up to 35 feet adjacent to
existing residential uses. As a result, The Planning Center will perform
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-5
the following tasks to determine potential aesthetic and lighting impacts
associated with the project:
A
-- X
Conduct a shade/shadow analysis to define
the portions of the area that could be
impacted by adjacent land uses. Scaled
information from the architectural drawings
will be translated into a simplified three-
dimensional computer model. This model
will be placed on the precise site, per
specific GPS coordinates, and the desired
date and time of day will be input to
generate an image that will show the
expected shadow caused by the proposed
structure. A series of 10 images will be
created to show the shadows produced at
various times and on various dates.
The Planning Center reviewed the
. Architectural visualizations, or view simulations, will be created for
shadow analysis contained in the EIR
further visual information about the proposed project. A maximum
prepared for this Santa Monica project.
of four visual simulations will be prepared. The elevation drawings
Our analysis found that the EIR
for the project will be incorporated into actual site photographs.
overstated the impact of the shadows
Additional "environment" will be added in terms of landscape,
cast by this multistory project by
ignoring shadows already cast by
streetscape, and appropriate human activities.
existing buildings and by not excluding
. Document pertinent Santa Ana General Plan policies as they relate
areas that are not sensitive to shade,
to the proposed project zoning.
such as parking lots, streets, and
commercial areas. Our critique resulted
. Review the allowable building heights in relation to existing and
in a change in the EIR's conclusion
proposed uses and adjacent roadways.
regarding the significance of the
buildings'shadows.
. Discuss any potentially significant aesthetic impacts associated with
project implementation.
• Specify mitigation measures that will reduce significant impacts to
the maximum extent feasible. Measures could include landscaping,
setbacks, height limits, or shielding of proposed lighting to reduce
the visual impact of the project.
It is assumed that the City will provide the following materials reQ-uired
for the shade/shadow analysis and visual simulations:
• Scaled architectural renderings
• Roof plan
• Elevations (preferably in color)
• Site plan
• Landscape plan
Page 2-6
Proposal to the City of Santa Ana
2. METHODOLOGY i SCOPE OF WORK
CPS coordinates for the project
Times and dates for which the City would like to see shadows
generated
Air Quality
Tin Cheung, a Senior Environmental Scientist, is a specialist in the
preparation of air Quality and noise studies for the firm. He will prepare
an air Quality study for the proposed project. The results, findings and
recommendations will be incorporated into the EIR, and the study will be
included in its entirety as an appendix. The proposed project will have
the potential to generate air pollution from the demolition, construction,
and operational phases. Demolition could generate air Quality impacts if
any of the buildings contain asbestos. If asbestos is present, hazardous
materials procedures are reQuired in order to reduce potential impacts.
The construction phase will generate air pollutants from construction
vehicles, including fugitive dust and pollutants that contribute to smog.
The operational phase will include emissions from project -related
vehicles and from energy consumption by the proposed residences. The
following information will be included in the EIR:
• Describe the environmental setting, which will include local
meteorology and air pollution monitoring data provided by the
California Air Resources Board.
• Use computer modeling to Quantify project -related construction
emissions using procedures approved by the South Coast Air Quality
Management District (SCAQMD).
• Conduct an inventory of regional emissions for the project using the
SCAQMD's approved URBEMIS2002 computer model. This model
will be used to calculate the mobile and stationary sources of
emissions that occur during the operational phase of the project.
• Evaluate the potential for any microscale air pollution "hot spot"
formation at the four most congested project area intersections,
using the CALINE4 line source dispersion model.
• 'Discuss project consistency with the Air, Quality Management Plan in
terms of land use planning consistency.
• Identify any potentially applicable mitigation measures, including any
relevant transportation control measures incorporated into the South
Coast Air Basin portion of the California State Implementation Plan
(SIP).
tnvironmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-7
I
• Discuss the potential effects on air Quality of cumulative
development in the area.
• Compare air Quality impacts of alternatives to those of the proposed
project.
Cultural Resources
Even though the site is developed, Discovery Works will conduct an
archaeological and paleontological resources archival review, which will
be used for the EIR and to assist in tribal consultation. The proposed
project is subject to California Environmental Quality Act (CEQA)
review, but not our understanding is that none of the buildings would
reQuire review under the National Historic Preservation Act, Section
106. Discovery Works will provide the following services to comply with
CEQA historical resources reQuirements and professional standards.
M
Discovery Works will conduct a records review at the archives of the
state -designated, regional center for archaeological records, the
South Central Coastal Information Center, located at the
Anthropology Department, California State University, Fullerton. For
this archival research, will: (1) determine if parts, or all, of the
project area have been surveyed: (2) evaluate any previous
archaeological surveys in relationship to current professional j
standard reQuirements; (3) obtain copies of pertinent site records
and survey reports of the immediate vicinity; and (4) determine what
types of sites might be expected to occur within the proposed
project, based on the existing data from archaeological sites located
within two kilometers of the project.
Discovery Works also will contact the Natural History Museum of
Los Angeles County to conduct a paleontological records review for
fossil sensitivity of this project site. The Vertebrate Paleontology
Department of the Natural History Museum maintains the records
for fossil localities in Orange County.
The purpose of this research is to obtain the background information
necessary for an initial identification of issues: to develop
Preservation and mitigation strategies; to provide an inventory of all
recorded archaeological and paleontological resources: to identify
areas that have not been surveyed for these resources; and to
identify areas that may have a high potential for buried prehistoric
archaeological remains and for paleontological resources.
A brief letter report for the project will be prepared at the
conclusion of the archival research. The letter report will include: ( I )
Page 2-8 rFUPUsJi w UIC i Ity U1 11-
2. METHODOLOGY I SCOPE OF WORK
the results of the record search; (2) the results of the background
research and documentation; (3) an inventory of known resources;
(4) an analysis of potential impacts to the prehistoric, historic, and
paleontological resources within the project, and (5)
recommendations for further study or a field survey, is needed.
It is Discovery Works' understanding that the 17-acre property in
Santa Ana contains several standing structures that are not SOyears
and older. Therefore, this scope of work does not include an
historical structure study for the project. If such a study is needed.
Discovery Works would provide a separate scope and budget.
Discovery Works anticipates that project coordination will be
conducted by telephone, mail, or e-mail. Time for project meetings,
if reQuested, is not included in our cost estimate; if client meetings
are reQuested, then time will be charged at $95 per hour, in
addition to this budget.
Geology and Soils
To assess the geotechnical impacts of the proposed project. The
Planning Center will review available geotechnical information, including
the geotechnical report to be provided by the applicant. We will review
the geotechnical study to determine if any new significant impacts would
be associated with the proposed project. After review, the results,
findings, and recommendations will be incorporated into the EIR. This
section will define the existing geologic, soils, and groundwater
characteristics that occur on -site; identify regional seismic influences;
and note and explain the characteristics of any areas containing
constraints to site development. We assume that the geotechnical study
will adeQuately address geotechnical issues upon which we can develop
mitigation measures, if needed.
Hazards and Hazardous Materials
This section will evaluate existing and past uses and proposed
construction and development activities to determine whether the area
currently contains materials that are hazardous to human health or the
environment, and whether the proposed uses could result in such
hazards. Based on the Phase I Environmental Site Assessment to be
provided by the applicant, The Planning Center will identify businesses
within the area that use and generate hazardous materials, as well as any
users that emit hazardous air emissions. Based on the Phase I. The
Planning Center will prepare a narrative discussion of the
presence/absence and significance of hazardous waste risks and
mitigation measures, if needed, that will be included in the EIR. We
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-9
assume that the Phase I provided will sufficiently address issues, and if it
does not, that the project applicant will provide subseQuent information.
Hydrology/Water Quality
To assess potential hydrology/water Quality impacts of the proposed
project, Fuscoe Engineering will prepare a water Quality study for the
project area and will review the hydrology study prepared by the
applicant for conformance with CEQA and stormwater reQuirements.
Fuscoe's scope of work includes attendance up to five meetings with the
City and/or project team. A technical water Quality report will be
prepared to be included as an appendix to the EIR-
► Hydrology Report Peer Review. Review the applicant's hydrology
report and verify existing and proposed runoff analysis in
conformance with the Orange County Hydrology Manual guidelines.
Prepare a Letter of Findings identifying any additional calculations,
clarifications and/or modifications to the hydrology report for CEQA
compliance.
► Water Quality Analysis. Review and summarize available water Quality
data (surface and ground water) for the local area; identify local
receiving water bodies, pollutants of concern based on land use
potential and local water Quality data and local regulatory concerns.
Evaluate the proposed project impacts on water Quality in
conformance with CEQA guidelines and the local NPDES County-
wide Storm Water Permit. Identify applicable site design, source
control and treatment control BMPs to be implemented into the
proposed project to satisfy water Quality reQuirements. Treatment
control BMPs will be sized according to the OC Drainage Area
Management Plan and City of Santa Ana sizing reQuirements.
Land Use and Planning
The proposed project increases the density from 7 dwelling units per
acre allowed in the General Plan to approximately 22 dwelling units per
acre. A general plan amendment to create a new mixed -use land use
designation is reQuired. A commercial/live work component is also
included as part of this project.
Past and present land use conditions will be documented, and the local
land use patterns will be described. Analysis of project impacts will focus
on project consistency with the goals and policies of the City's General
Plan and the proposed General Plan Amendment, Zone Change and
-Development Agreement. Specifically, The Planning Center will:
Page 2-10 Proposal to the City of Santa Ana
2. METHODOLOGY I SCOPE OF WORK
Analyze recent development trends within the general area and
assess the consistency of the proposed project with current
development trends as well as relevant local and regional land use
planning programs (i.e., City of Santa Ana General Plan, Zoning
Code, etc.).
Provide a nexus between the project's environmental impacts in
aggregate and the environmental compatibility of the proposed
project with surrounding uses.
Propose mitigation measures to reduce potential conflicts between
the residential uses and surrounding users to the maximum extent
feasible.
Noise
Due to the increase in allowable units, the proposed activities associated
with project implementation have the potential to substantially increase
noise levels near existing sensitive receptors, and may expose future
residents to adverse noise levels from adjacent major roadways. A noise
section will be prepared by our in-house noise specialist, Tin Cheung.
His scope of work will include the following:
• Perform up to four on -site ambient noise monitoring as needed to
develop a baseline noise characterization and to provide input data
to prepare a site -specific calibration of the Federal highway
Administration's (FHWA) Traffic Noise Prediction Model (FHWA-
77-108).
Develop a baseline noise exposure profile in terms of the CNEL
noise metric, using the FHWA Traffic Noise Model. The computer
modeling of existing conditions will be calibrated with the project
site noise monitoring.
Prepare a no -project versus with -project mobile noise impact
comparison, including any viable project alternative development
scenarios. Identify specific sensitive receiver locations where mobile
source noise impacts may adversely affect City of Santa Ana
residents.
• Evaluate stationary noise impacts from temporary on -site
construction noise sources.
Relate project noise impacts to the noise/land use compatibility
guidelines in the City of Santa Ana General Plan Noise Element and
other applicable noise exposure regulations.
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-1 1
Develop a noise impact mitigation plan for any predicted noise
impacts that exceed target noise exposure limits.
Population and Housing
Total residential population will be Quantified based on the proposed
amount and mix of residential densities, and compared with the
maximum allowable under the City's General Plan intensity tables to
determine whether the potential population would exceed the level of
growth included in adopted population projections used by the City and
regional planning agencies. The proposed mix of housing densities and
anticipated occupancies will be described and consistency with the City's
Housing Element will be evaluated.
Public Services
Public service agencies serving the proposed project will be contacted
to identify existing facilities that would be affected by the project, existing
service levels and capacities available to serve the proposed land uses,
and intensity of proposed development. The demand placed on these
services and utilities will be identified on the basis of standard planning
factors provided by each agency or from the City's General Plan, and the
ability of the agencies to accommodate this growth will be assessed. The
need for additional public facilities or personnel to serve the proposed
project and maintain adeQuate levels of service will be determined in
consultation with the agencies. Measures to avoid or reduce the
significance of project -related public service impacts will be developed
and included in the EIR. The public services to be addressed will
include:
• Fire Protection
• Police Protection
• Schools
• Public Library Services
Recreation
Demand for parkland and recreation facilities associated with the
potential population on -site will be estimated. Proposed parks, trails and
any other private or public recreational uses included in the proposed
project will be identified, and consistency with applicable parks, trails or
other recreation plans or programs will be assessed. Satisfaction of
parkland dedication reQuirements will also be discussed. Mitigation
measures will be developed for any significant impacts.
Proposal to the City of Santa Ana
Transportation/Circulation
A complete traffic impact analysis (TIA) will be prepared by a traffic firm
to be selected by the City and is not included in this scope of work. We
would be happy to provide input on the scope of work.
Utilities and Service Systems
Utility companies serving the proposed project will be contacted to
identify existing facilities, service levels, and capacities available to serve
the proposed land uses and intensity of proposed development. The
demand placed on these utilities will be estimated and the ability of the
agencies to accommodate this growth will be assessed. Because the
project has fewer than 500 residential units, a Water Supply Assessment
per SB 610 is not reouired. Based on the findings of these inQuiries, the
need for possible extensions and upgrading of public facilities to service
the project will be identified in the EIR. Measures to avoid or reduce the
significance of project -related utility impacts will be developed and
included in the EIR. The utilities to be addressed will include:
• Water
• Sewer
• Solid Waste
We assume we will be able to address the following utilities in the Initial
Study and close out the potential for any significant impacts with regard
to:
• Electricity
• Natural Gas
• Telephone
• Cable Service
Task 4.3: Alternatives to the Proposed Project
In compliance with Section 15126(d) of the State CEQA Guidelines, the
EIR will evaluate a reasonable range of alternatives. The Planning Center
will consult with City staff for assistance in defining the alternatives to be
analyzed in the EIR. Alternatives will be selected on the basis of their
ability to (1) avoid or reduce one or more of the project's significant
impacts and (2) feasibly attain most of the basic objectives of the project.
The rationale for selecting each alternative will be explained, along with
the principal features and environmental effects of each one. If any
alternatives were considered during the project scoping process but
rejected, reasons for rejecting those alternatives will be provided.
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-13
Analyses of up to three alternatives in addition to the "No Project"
Alternative are included in the cost estimate for the EIR. Potential
alternatives scenarios include ( I ) No-Project/Existing Conditions
Alternative: (2) Reduced Intensity Alternative 1; and, (3) Reduced
Intensity Alternative II and 4) an Alternative Land Use Plan Alternative.
Impacts associated with each alternative will be compared to proposed
project impacts, for each of the environmental impact categories
included in the preceding sections of the EIR. The environmentally
superior alternative will be identified; if it is the No-Project/Existing
Conditions Alternative, then one of the development alternatives will be
identified as environmentally superior to the others.
Task 4A CEQA-Mandated Sections
In addition to the topical issues discussed above, the following sections
will be prepared as mandated by CEQA:
Environmental effects found not to be significant during the Initial
Study Scoping process.
Adverse environmental impacts that cannot be avoided if the project
is implemented. This section will summarize those adverse project
impacts that cannot be mitigated to a level of less than significant.
Cumulative Impacts. A discussion of cumulative impacts will be
presented for each of the impact topics evaluated at length in the
preceding sections of the EIR. These discussions will be concise,
Quantified where appropriate, and will evaluate cumulative impacts
within an appropriate context for each issue.
Any irreversible environmental changes that will occur if the
proposed project is implemented.
• Growth -Inducing Impacts. This discussion will identify ways in which
the project could foster population or employment growth in this
area, either directly or indirectly.
Products:
Screencheck EIR plus technical appendices (5 review copies and
digital copy)
Page 2-14 Proposal to the City of Santa Ana
Z, METHODOLOGY I SCOPE OF WORK
Task 5: Draft EIR
Task 5.1: Screencheck Review/Revision
It is presumed that all City comments concerning the Screencheck EIR
will be transmitted in writing to The Planning Center at the same time.
The Planning Center will meet with City staff to discuss and resolve any
major areas of concern or to clarify areas of misunderstanding, etc.
Follow-up with City departments or other agencies will be conducted as
necessary to respond to City staff comments. Fifty copies of the Draft
EIR will be printed and distributed by The Planning Center to the local,
state and federal agencies, as well as other special interest groups and
individuals identified on a distribution list to be developed in
consultation with the City. The documents will be transmitted via
certified mail so there is a record that the documents were mailed and
received by the recipients.
The Planning Center will prepare the Notice of Completion (NOC) for
City approval and signature and will transmit the NOC with all copies
of the Draft EIR.
Products:
• DEIR (SO hard copies including digital appendices, 10 CD copies,
and I reproducible original, including 15 copies of the Executive
"The board approved both prjets
Summary plus digital copy to the State Clearinghouse)
with no problems. The No&,r/ of
Task 6: Final EIR/Responses to Comments
Determination were filed last- wee{.,
and both proje, t are out to
A Final EIR will be prepared in accordance with CEQA and will contain
bid. Thanks for all your work to help
the City's reQuired elements, as follows.
Ff these pnojects launched. We
Task 6.1: Response to Comments
couldnf have done it wifhovf The
Plannl%. Gertte00
Following receipt of all comments on the Draft EIR, written responses
—Paul Davis, Environmental
al
will be prepared for each comment. A Response to Comments section
parnlist
City of Los Angeles Recreation &Parks Departrnent
Parks
will be created for the Final EIR which will contain an introduction
describing the public review process concerning the Draft EIR, copies of
all comment letters received and minutes from public meetings where
oral comments were taken, plus written responses to all comments.
Responses will focus on comments that address the adeQuacy of the
Draft EIR. Comments that do not address EIR adeQuacy will be noted as
such and no further response will be provided, unless deemed necessary
by the City. Responses will be prepared by The Planning Center, with
input from our technical specialists, as needed.
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-15
A not -to -exceed budget for responses to comments has been
established to cover efforts by any member of the consulting team
needed. Up to 72 hours of professional time by The Planning Center has
been included in our scope. _If an unexpectedly large volume of
comments is received, or if certain comments result in the need for
substantial additional responses, or new research or analysis, the initial
budget may not be sufficient. Should this situation become apparent, we
will discuss this concern with the City before the responses budget is
consumed and determine an appropriate course of action. Responses to
Comments by responsible agencies will be provided to those agencies,
as well as to any other commenters identified by the City, a minimum of
10 days prior to consideration of the Final EIR by the City Council.
Task 6.2: Mitigation Monitoring Program
A Mitigation Monitoring Program (MMP) will be prepared, pursuant to
Section 2 108 1.6 of the Public Resources Code. It will be presented in
standard City format, and will identiy the significant impacts that would
result from the project, proposed mitigation measures for each impact,
the times at which the measures will need to be conducted, the entity
responsible for implementing the mitigation measure, and the City
department or other agency responsible for monitoring the mitigation
effort and ensuring its success. A draft MMP can be prepared for
consideration by the Planning Commission, if desired, so that any
comments they may have can be incorporated into the MMP for
approval by the City Council at the time they certify the Final EIR.
Task 6.3: Statement of Overriding Considerations/
Facts & Findings
Section 15091 of the CEQA Guidelines reQuires that no public agency
approve or carry out a project for which an EIR has been completed
which identifies one or more significant effects unless the public agency
prepares findings for each significant effect. As reQuested by the City,
The Planning Center will prepare findings and facts in support of findings
describing each of the significant impacts identified by the EIR and the
determination as to whether those impacts would be reduced to below a
level of significance by proposed mitigation measures. These facts and
findings will be incorporated into the resolution to be prepared by City
staff. Additionally, Section 15093 reQuires that when an agency
approves a project which will have significant adverse environmental
effects that are unavoidable, the agency must make a statement of its
views on the ultimate balancing of the merits of approving the project
despite the environmental damage. The Planning Center will prepare the
Page 2-16 Proposal to the City of Santa Ana
mm nry i srnrF of w[
Statement of Overriding Considerations for any unavoidable significant*
impacts that may be identified by the Final EIR.
Products:
• Responses to comment letters (I original and digital copy of each)
• Final EIR (30 hard copies, 30 CDs, one original and digital copy)
• Mitigation Monitoring Program (20 copies)
• Statement of Overriding Considerations/Facts & Findings (20 copies)
Task 7: Public Hearings/Meetings
"Thank% again for lour parfiuPafion
The Planning Center will coordinate closely with City staff to ensure that
in the Public, hcarin$.. All mporfS
the EIR and associated documents delivered to the City are legally
indiaafc +hat iovr con+ribvfion was
defensible, accurate and will serve as useful tools for decision makers
of vQYcat valve in movinff,+hiS matfar
when considering the approval of the project. In an effort to achieve this
fo a sati6fa&+orl cort&lvsion."
level of communication, our estimated budget assumes that The
Planning Center's Project Manager will attend two meetings with staff
—Steven Den A.Preevelopmennon, AICPt Director
Community D
and four public hearings during the course of the environmental review
City of Le Verne
process. The City may select any combination of meetings/hearings for
the six meetings. Additional meetings or attendance by other members
of the Consultant team will be billed on a time -and -materials basis. Costs
for meeting attendance would be billed in accordance with the hourly
rates for the personnel involved.
Products:
• Staff meetings (up to 2)
• Public Hearings (up to 4 in addition to the Public Scoping Meeting)
Task 8: Project Management and Coordination
As the lead consultant, The Planning Center will direct and manage all
subconsultants included on the project team, and will act as the primary
contact with the City of Santa Ana. Our responsibilities will include: (1)
task scheduling and assignment, management of resources, monitoring
of costs, and schedule adherence: (2) management and coordination of
subconsultants, including contract administration and accounting;
(3) consultation and coordination with local and state agencies relative
to the environmental document and the environmental review process;
(4) coordination and communications with the City's project team to
ensure compliance with City policies, procedures and any applicable
codes and, where applicable, that such policies and procedures are
incorporated into the EIR; (5) ensuring that the environmental review
process and the EIR satisfy the statutes and guidelines of CEQA, and the
City of Santa Ana CEQA Procedures: (6) representing the Consultant
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 2-17
Learn in public meetings and project progress meetings as reQuested by 1
the City.
The Planning Center will be responsible for all mailings including the
notice of preparation, scoping meeting notice, the notice of availability,
Draft EIR, and Final EIR. This proposal assumes that the City will provide
address lists for the property owners/interested parties.
Task 9: Notice of Determination I
Within five days of EIR certification, The Planning Center will file an
NOD with the State Clearinghouse and County Clerk.
Products:
• Notice of Determination
Page 2-I8 Proposal to the City of Santa Ana
3. Statement of Offer
The Environmental Impact Report for the Village Green —including
the Screencheck Draft EIR, Draft EIR, and Final EIR—will be
prepared in accordance with the scope of work, schedule, and
terms and conditions presented in this proposal.
The scope of work and budget are subject to the following terms and
conditions:
► Preparation of the EIR in accordance with the work program outlined
in this proposal.
► The screencheck Draft EIR fee and Final EIR budget will be subject
to review and modification if additional work is reQuired and/or costs
are incurred as a result of any of the following:
• Completion of the Draft EIR is extended more than 60 days
beyond the schedule presented in the proposal (or alternative
schedule agreed upon with the City at contract execution) for
reasons beyond the control of The Planning Center;
• Information developed during the refinement of the Initial Study
and scoping process reQuires the scope of work to be modified;
or
o Modifications are made to the project by the City or the Client,
subsectuent to the approval of the contract, which necessitate
making substantial and material changes in the EIR analysis, text,
tables, maps, or figures.
► The proposed budget includes up to two iterative revisions of the
screencheck Draft EIR; these revisions are assumed to be primarily
editorial and do not include revisions due to changes to the project
description, modeling, or technical analyses.
The budget for the Final EIR is an estimate only, based on approximately
72 hours for preparation of Response to Comments. The estimated
' Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 3-1
budget assumes that no additional'basic research will be reQuired to
respond to comments, that the comments will be directed at the
substance and technical adeQuacy of the EIR, and that the comments
will be compiled by the City and transmitted in writing to the consultant.
Modification to the scope of work, budget, and time frame may be
necessary if comments received from agencies or the general public
reQuire substantially increasing the scope of impacts and issues that the
EIR has addressed. In addition, the budget for reimbursable expenses for
document binding and printing is an estimate only and will be billed at
cost plus 12.5 percent.
Page 3-2 Proposal to the City of Santa Ana
n
4. Project Schedule
Preparation of the Village Green EIR will be accomplished through a
"Tho yualifrl of work pywidod bi team effort between The Planning Center and its subconsultants.
The, 1lannin5. Cantor mot our The full -service capabilities of these firms will be available to
cxpfafionS, eSP allj as it was complete the project successfully and on time. The Planning Center and
dolivorod on fima...on a vorrl fish+ its subconsultants are fully capable of complying with the 9-month
T molino." schedule, which follows.
—George Buell
City of San Clemente
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 4-1
NMI
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S. Cost Estimate
"Thc Planning Gcnfer iS tho onli
aonSvlf n� firm I've, hired that
�omPlcfcd the PnoIcC.i- w thin budr,
and on f mc.»
— Phil Testa
Community Development Director
City of Modesto
n hourly rates schedule follows. In addition, we have provided
an overall summary of our cost proposal by task and firm to be
involved in the project, as well as a detailed breakdown of The
Planning Center's budget for our proposed scope of services by task and
staff member.
THE PLANNING CENTER
2006 STANDARD FEE SCHEDULE
Staff Level
Hourly Rate
Principal
$165—$250
Director/Team Leader
$1504200
Sr. Planner/ScientisUDesigner II
$125—$200
Sr. Planner/ScientisUDesigner 1
$100—$150
Associate Planner/Scientist/Designer II
$85—$115
Associate Planner/Scientist/Designer 1
$80—$85
Assistant Planner/ScientisUDesigner II
$70—$85
Assistant Planner/ScientisUDesigner 1
$60—$70
GIS/CAD Operator II
$804110
GIS/CAD Operator 1
$65—$80
Graphic Artist II
$75—$125
Graphic Artist 1
$55—$75
Planning Technician/Intern
$45460
Technical Editor
$75
Word Processing
$60
Clerical
$55
Third -Party CEOA Review
$200
Expert Witness
2 x Normal Hourly Rate
umer direct costs are puled at cost plus 12.5%.
Mileage reimbursement rate is the standard IRS -approved rate of $0.485 per mile.
EXH!RI { B 1
Environmental Impact Report for the Village Green Mixed Use Residential Community THE PLANNING CENTER I Page 5-1
Budget
City of Santa Ana
Village Green
THE PLANNING CENTER
Task
Description SA
Cc -PM
Cc -PM
AO/N
Via Sims
AQ/N
Assoc Planner
Assist Planner
GR
Editing
WP
TOTAL HOURS
IVIAL
BUDGET
TASK l'
If .. ,..
,
a:..
, r ..�..,
LI
Task 1- Subtotal 0
4
B
0
0
32
24
4
4
2
78
$B,420
ASK'-PU8'IDSCOBiN M "s. rh: • , T=+ „
'a.+ r
,"q;fi;! •,
r + ,1±t.'t. +ra
, !
1. t
vu
..
_
..I:.,u +
�c:
21 Pre am for Scopin Meetin
8
4
4
4
2
22
$2680
AII
tot
TASKS'=8B 8C0 UETA 1nro+• .: .,.
"WINIfitinifimp,,
i,.
31
Tribal Consultation List Request
1
2
2
$230
3.2
Initial lace-lo-lace consultation
8
0
1
9
$1420
33
Meeting2
8
0
8
1360
34
ConVnuln consultation/revisions
8
0
2
2
12
$1,680
Task 3-Subtotal
0
24
0
0
0
2
0
2
0
3
37
4690
TASK A'-
41
9CRFENONEOKORAAT A
Evacutive Suri
' 4 n , n
.Ai, ii ,H +1„ Rl
1 2
h 131I 1
nt ? 1
S
24
S"
v m
1
't ,8 fi%: (r""
1
+
28
" " '
42
Protein Descri tioMnVoduciicn
4
40
4
1
1
50
43
Environmental SelHn
4
24
1
1
32
E235
4,4
Aesthetics
8
24
2
1
1
3fi
4.5
Shade Shash�Niew Sims
B
40
1
49
4.6
AliQualit
4
16
16
1
1
38
4575
4.7
Resources
4
8
2
1
I
16
1.695
4.8
.8.1olottical
Culheal Resources
4
16
I
I
22
2175
4.9
Grue B Soils
4
32
1
1
38
3.535
4.10
hydrology and Water Quality
0
24
2
2
1
37
3810
4.11
Land Use A Relsranl Returning
24
6
1
1
34
$5A35
4 12
11 trarlsion and hrru5urn
4
16
1
I
1 1
22
2.655
413
INDIse
4
16
16
2
I
39
4650
4.14
Public Health and Safet Rlsk of Upset
2
16
1
1
20
1.835
4.15
Public Service
4
32
1
1
38
3.535
4.16
Recreation
2
16
1
1
20
2.315
4.17
Trial and Circulation
40
0
2
1
43
$7,010
4.18
Utilities
4
24
1
1
30
2.855
419
Impacts Found Not to be SI0nl8cant
2
8
1
1
12
1 SIG95
4 20
Growth aducing Impacts of the Prdecl
4
2
1
1
8
$1,045
4.21
Cumulative Impacts
2
2
2
1
7
$780
4.22
Alternatives 4
32
16
1
1
50
1 $7.415
423
UnavoirstrIOAdverse Impacts
8
232
24
2
1
35
$4330
4.24
Misholanenus/Olher Betlhtrs
16
8
0
2
1
35
$5,690
Task4-Subtotal
1fi
190
0
32
212
152
12
30
23
739
09150
TASKS=DRAFTEIR A` '+111i1 ,,,, ,w.;g
, , in=d�¢u
r,.'#'XS
(Gr,S.-ttt lN9( Ir
11, U,
I
11:
.RI, tit
II 'N ci,
.. p. ..( 11 .,.
'
51 Screencheck Review nd Revision
32
24
4
8
70
$9,320
T5- o
TASK -FINAL EI 3ti
.
.
�:
6.1
Pre ore Res Dose m Comments
16
16
40
0
4
84
110,56
6.2
Miu anon Monitorin Pm ram
4
4
8
4
0
2 run
63
Fmdinos FacuSlale of venidin Con Ideraepni
16
0
0
4
2
22
3.140
TA ,_ .;1 nai f!i, Ili a .,, f,
hi +. a ..., :
• :
1
1.
: 1
77
Pubhc Hearin c 4
8
8
25
57
6300
7.2
Meetn s1214
8
20
1 Ilin
�a�
T ?P-MWFi' Y{ .nV •
�:, • vtgn
f
..,'r �.a
., .t ..+, t.l
..
1. 1. �., ..0
.Lr
1`fs,
f. a..rc ✓d l.,
r" ,nl.�
8.1
Prdecl Manaement
20
20
1
40
6400
Task 8 - Subtotal
e1 i e+ q
r J'
1 - .
.
9.1
e
21
2
1
4
$570
Task 9- Subtotal
0
2
1 0
0
0
2
0
0
0
0
4
1 $570
TOTATBN•;-a jeW'PrQl W114i,J ,. tl, ti.4;{.y{.L, f
i. .. ,.
t.1
..
1,
. r.
,
Whylefloi
r.. +v1w. it
.. v,
n
TOTAL HOURS
28
336
48
32
0
32
348
180
26
58
63
1.191
N/A
BILLING RATES
$200
$170
$150
$150
$100
$85
$115
$85
$100
$75
$60
A
A
PERCENTAGE OF PARTICIPATION
2%
28%
4%
3%
0%
3%
29%
15%
2%
5%
5% 1
100% 1
WA
1ABOA TOTAL
5 600
57120
$7,200
$4 800
0
$2,720
1140,020
$15,300
E2 Ann
$4 350
$3 780
A
143 490
REIMBURSABLES
E15767
TOTAL
$159257
,
UBCONBIIL ANTS {.:•:Hl t ++'P+ ., S171117
'.d },.., t „rrelptai
-_ .
Discovery Works Inc.
$3994
- FUSCOE Engineering Water Quality Studyl
$40950
Subconsultants Subtotal
1 1
44 944
iI metuuyetmr mennucu. isan esv re" only testa orlapymxnnarety rnmutsmt prcpatatmt m nerpun lilt entilludleuUUUyttdtildtlIU4UUUwinamyunuvuayouu.'unwell., nmr um woune�na wni ue mm.au ai
21 The rombursables budget is an natural only and will be billed at cast plus 12 5%. If additional copies are requested by the Citythey will be billed at cost plus 12.5%and are War to contract.
SA = Senior Advisor
PM = Project Manager
PMA = Pmjecl Manager Assistant
PP = Project Planner
GIS = GIS/CADD Technician
GEO = Geologist
GR = Graphics Technician
AO/N = Air Quality / Noise Specialist
BID = Biologist
PAM = Environmental Project Manager
EPII = Environmental Planner ll
EPI = Environmental Planer)
WP = Word Processing/Technical Editing
PWN➢N60FFNNA OWENTA' Kti{BNt +ttt,:
Draft NOP/Initial Stutl - 3 co ies at 55 each + I digital copy
Final NOP/IS- 50 copes at$5 each+ 1 unbound Gr icat i 1digital
SCEIR-5copies at $200 each +l digital
OEIR - 50 hard copies at $200 each + 1 original + 1 digital
7$2..
Dri 10com actdiskm issat$l0each
Res Doses to Comment Letters -1 o..final + 1 tli Ilal
FEIR - 30 bard co ies at $25 each + 1 on final + 1 di ited
FEIA-30 compact disk copies at$1D
MMP 20 copies at $10
Facts and Findings 20 copies at 10
Subtotal
IS 12015
Mile. a $0.485 permlle1 '• ""•' "
*$40
f00
Postage for documema/miscellaneous postage
f1000
Subtotal
$1400
aTa eimbursa a Expenses
I
November 2006
From: Kenai) Goad At Austin, Cooper & Price FaAD. 909-886-2013 To: Tonia Zerba
Date: 02/072007 01:50 PM Page: 2 of
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID X
DATE IMME)D/VYYY)
eLANN-1
02 07 07
PRODUCEfl
Alliant Insurance Services, Inc
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(Lie-OC36861)
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 3280
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Bernardino CA 92413-3280
Phone: 909-886-9861 Fax:909-886-2013
INSURERS AFFORDING COVERAGE
INSURED
NAIC#
I.
9at1 er,o ma co oY ea,r (CNA,
FFr'NSURERA-.
NSURER& clarenaon Nac ina co (XRN)
20532
P arming Center Inc
1
SURER-C_Valley FOr(le Ins Co (CNA)
- -----
80 Metro Drive
Costa Mesa CA 92626
INSURER D. wastchalters MMus Lanes (>En
--------
INSURER E.
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 PERTARI, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
____._.._.- _ ......._..._. —
LTR N TYPE OF INSINANCE POLICY NUMBER
.. _.._
tiICVEFPEC"fl GCRP EXP'IRAriDN
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GENERAL
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EACH OCCURRENCE
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$1,000,000
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GENERAL AGGREGATE
$2,000,OOD
AGGREGATE LIMIT APPLIES PER.
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PRODUCTS-COMP'OPAGG
$2,000,000
POLICY PRO-
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ANY AUTO
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$ 1 DO
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A Property 2090701722
07/01/06 07/O1/07 Prof
$1,000,000
D Prof/Pollution W2067291002-CLAIW mD,
DESCRIPTION
07/01/06 07/O1/07 Pollution
$1 000,000
OF OPERATIONS I LOCATDNIS I VEHICLES 1 EXCLUSION8 ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Operations pertaining to named insured for
certholder; professional Liab
includes E S O Coverage.Certholder its officers,
agents, employees and
volunteers are addrl insd as respects gen'1
liab per SE146968A 01/06, as
required by written contract. *Except 10 day for nonpayment. CARRIER WILL
NOT MODIFY CANCELLATION CLAUSE/NO XXX OUT,
Replaces prior cert 07/07/06
CERTIFICATE MTw nPR
.....__.. __._..
L`ITY!!'SSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
_ " I 1 DATE THEREOF, ME ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN
City of Santa Ana TjE/itQ,QD / /� NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
20 Civic Center Plaza, M,rLL UV / IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIM UPON THE INSURER, ITS AGENTS OR
Santa Ana CA-92701 REPRESENTATIVES.
AUTHOR EP z;n E
(2001108)
From: Kennail Goad At: Austn. Cooper 8 Price FaAD. 909-886-2013 To: Tonia Zerba Date: 02/072007 01:50 PM Page: 3 of 4
SB 146968A 0106 Page i of 2
PoldeyLHolder: Planning Center Inc
Policy Humber: 2090701722
w�A Policy Effective Date: 07/01/06
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE
8�
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as
an insured any person or organization whom you are required to add as an additional insured on this policy
under a written contract or written agreement; but the written contract or written agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury-"
B. The insurance provided to the additional insured is limited as follows:
1. That person or organization is an additional insured solely for liability due to your negligence specifically
resulting from "your work" for the additional insured which is the subject of the written contract or written
agreement. No coverage applies to liability resulting from the sole negligence of the additional insured.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or
written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are
inclusive of, and not in addition to, the Limits of insurance shown in the Declarations.
3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY
AND MEDICAL EXPENSE DEFINITIONS — "Insured Contract" (Section F.9.) within the
Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising
out of the "products -completed operations hazard" unless required by the written contract or written
agreement.
4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage,"
"personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or
failure to render any professional services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications by any architect, engineer or
surveyor performing services on a project of which you serve as construction manager, or
b. Inspection, supervision, quality control, engineering or architectural services done by you on a project
of which you serve as construction manager.
5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury"
arising out of.
a. The construction or demolition work while you are acting as a construction or demolition contractor.
This exclusion does not apply to work done for or by you at your premises,
C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS— Duties In The Event of Occurrence, Offense,
Claim or Suit(Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following,
An additional insured under this endorsement will as soon as practicable
1. Qjvq written ,n3otice of an occurrence or an offense to us which may result in a claim or "suit" under this
From: Kennad Goad At: Austin, Cooper & Price FaAD'. 909-886-2013 To: Tonia Zerba Date: 02/072007 01:50 PM Page: 4 of
SB146968A 0106
Page 2 of 2
insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage
Part;
3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for
a loss we cover under this Coverage Part; and
4. Agree to make available any other insurance which the additional insured has for a loss we cover under
this Coverage Part
We have no duty to defend or indemnity an additional insured under this endorsement until we receive written
notice of a claim or "suit" from the additional insured.
D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted
and replaced with the following:
2. This insurance is excess over any other insurance naming the additional insured as an insured whether
primary, excess, contingent or on any other basis unless a written contract or written agreement
specifically requires that this insurance be either primary or primary and noncontributing to the additional
insured's own coverage. This insurance is excess over any other insurance to which the additional
insured has been added as an additional insured by endorsement.
3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional
insured against any "suit" if any other insurer has a duty to defend the additional insured against that
"suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional
insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss,
if any, that exceeds the sum of
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance;
and
(b) The total of all deductible and self -insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess
Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in
the Declarations of this Coverage Part
E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners
Common Policy Conditions is deleted and replaced with the following:
2. We waive any right of recovery we may have against any person or organization against whom you have
agreed to waive such right of recovery in a written contract or agreement because of payments we make for
injury or damage arising out of your ongoing operations or "your work" done under a contract with that person
or organization and included within the "products -completed operations hazard"