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HomeMy WebLinkAboutJONES & STOKES ASSOCIATES 07AGREEMENT TERMINATION T !, _ 45 Please complete this form when the attached agreement is no longer e et.' Return form to the Deputy Clerk of the Council (M-30). Callw--- 2i7 if you ha#F ari questions_ Ls The agreement with L�arzQQ/ and final payment has been made. was completed oY v- Department: Signature: Date: City of Santa Ana Revised 08-28-06 Clerk of the Council v UN I IL IIYJ Vrv. nr_uFF.MF.NT INSURANCE ON FILE WORKMAY PROCEED UNTIL INSURANCE EXPIRES 16 O CONSULTANT AGREEMENT CLERK OF COUNCIL CI: 2crbn� THIS AGREEMENT, made and entered into this 16`h day of April, 2007 by and between Jones & Stokes, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental study and consulting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement. Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall prepare an Environmental Impact Report and related technical studies for the West End Lofts development, as set forth in Exhibit A to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $65,000.00 during the term of this Agreement. b. A retainer of twenty percent (20%), in the amount of $13,000, shall be paid upon execution of this Agreement. Consultant shall bill monthly. Subsequent payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on Consultant's filing of the Notice of Determination with the County Clerk, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Planning and Building 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: Jones & Stokes Mr. Chad R. Beckstrom 17310 Red Hill Avenue, Suite 320 Irvine, California 92614 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any 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: PA RICIA E. HEA Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By. - f LaLlea Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. RE City Manager JONNESS & STOKES CHAD BECKSTROM Project Director Tax ID# qq' I � 30 3 (e t oSSS a Jones & Stokes March 1, 2007 Ms. Hally Soboleske, Associate Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 Subject: Proposal to Prepare an Environmental Impact Report for the West End Lofts Project Dear Hallv Thank you for inviting Jones & Stokes to prepare an Environmental Impact Report (EIR) for the West End Lofts Project in Downtown Santa Ana. We are enthusiastic to have the opportunity to once again work with the City of Santa Ana Planning Division to prepare an EIR in accordance with the California Environmental Quality Act (CEQA) Guidelines and relevant case law. Jones & Stokes has completed numerous EIRs for projects with similar types of issues, and have previous experience working with the City staff. We are confident that our understanding of the issues, experience in perfomung and completing projects of a similar nature, and knowledge and application of CEQA make us preeminently qualified to provide the required services. The attached proposal highlights our proposed scope of work, personnel, proposed schedule, and estimated fees. As an Associate Principal and Project Director with Jones & Stokes, I am pleased to commit our team to the successful completion of this EIR. Should you have any questions, please feel free to contact me at 949/260-1080. Sincerely, Chad R. Beckstrom, AICP Project Director Attachment 17310 Red Hill My .a , Suite 320 - lmi ,, CA 9261456DO - teL 949 260.1080 • fa:: 949 260.1081 w vjonesandstokes.com EXHIBIT A Proposal for Preparation of an Environmental Impact Report for the West End Lofts Project Submitted to: City of Santa Ana Planning and Building Agency 20 Civic Centex Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 Contact: Hally Soboleske, Associate Planner 714/667-2700 Submitted by. - Jones Match 1, 2007 Proposal - EIR Preparation Services Proposal - EIR Preparation Services 1 Introduction ]ones & Stokes is pleased to provide this proposal to the City for the preparation of an Environmental Impact Report (EIR) for the West End Lofts Project in Downtown Santa Ana. Given our background as an on -call consultant to the City of Santa Ana Planning Division, we have a firm understanding of the proposed project, and the issues that need to be addressed in the EIR. Jones & Stokes understands the proposed project includes the development of a new, 16,000 square foot mixed -use building on a 4,000 square foot lot located at 320 West Fourth Street that will include 1,189 square feet of retail on the first floor, five residential units occupying the upper floors, and a 3,544 square foot basement that includes parking and storage. Parking will be provided in a garage using a mechanical parking lift The project site is located in the Central Business Artists Village (C3-A) zoning district, and has a General Plan land use designation of District Center (DC), and is located within the Downtown Historic National Register District The application includes a request for a zone change to create a Specific Development zone with development standards for the proposed project. The project also involves revision to the 1983 Disposition and Development Agreement approved for a previous project on the site. As part of the above entitlements, prior to approving and developing the project, the City must comply with the California Environmental Quality Act (CEQA) and perform an environmental review and analysis of the environmental impacts associated with the project. We are aware that the City prepared an Initial Study and Mitigated Negative Declaration ,)V D) for the proposed project, that was subsequently reviewed by the Planning Commission and recommended to the City Council for approval on September 25, 2006. On October 16, 2006, this item was brought to City Council but was continued at the request of staff to December 18, 2006, and then continued to February 5, 2007. In the interim, the applicant and staff met with property owners of adjacent structures who expressed concern regarding the safety of their historic buildings during construction, as well as potential noise and vibration caused by the proposed parking lift. To address these concerns, additional studies were completed by consultants, and the MND was amended and supplemented with these additional resources, and subsequently must be recirculated. The City has now decided to move forward with preparation of an EIR rather than adopt the MND. Based on our understanding of the project and project area, the following environmental issues will be addressed in the EIR for the proposed project: ■ Cultural resources related to compatibility of the proposed architecture with the National Register Historic District, potential impacts to the historic ghost billboard, and potential impacts to existing surrounding historic properties; ■ Aesthetics impacts associated with visual changes related to the architecture of the proposed building and potential impacts to the National Register Historic District; City ofsmy' Ana Al.mh 12, 2007 W.1Fw'f[r EIR iSt rl Jones&Stokes P1087.07 Proposal - EIR Preparation Services Proposal - EIR Preparation Services 2 Land use compatibiEry and consistency with the C3-A Zone and the Santa Ana Renaissance Specific Plan that is in progress, and the potential impacts of creating a Specific Development zone for the proposed project; and Transportation and parking issues associated with site access via the alley, and parking using the proposed lift system. The City of Santa Ana is seeking a consultant to prepare all aspects of the EIR in accordance with CEQA. Jones & Stokes is known for our ability to address complicated and controversial projects, and we have the technical capacity and legal knowledge to assist the City with anv environmental needs that arise throughout the project. Jones & Stokes is the ideal firm to provide the City with the requested environmental services because out team has previous experience working on projects for the City of Santa Ana; we have a successful track record in preparing high quality-, thorough EIRs; we have direct experience on similar types of complex and controversial mixed -use projects; and our experience on ongoing work with City staff has helped prepare us for issues that could occur on this project. Jones & Stokes Background and Qualifications Jones & Stokes is a multidisciplinary consulting firm specializing in environmental analyses and regulatory compliance, with particular emphasis in CEQA compliance. Established in 1970, the firm is one of the oldest and largest in the western United States that specializes in environmental services. We are well known for our expertise and applied knowledge of the CEQA Guidelines and are commonly retained by clients that are faced with difficult regulatory compliance issues. Jones & Stokes enjoys a reputation for producing high -quality documents in a consistent and cost-effective manner, and we are known for our ability to adhere to work plans, schedules, budgets, and deadlines that exceed our clients' expectations. Jones & Stokes' reputation is built not only on our successful project work, but also on our regulatory training classes and publications. Jones & Stokes' employees literally wrote the book on CEQA, with senior staff authoring the CEQA Deskbook: A step-by-step guide on how to comp# wth the California Environmental,Quahi v Act. Our staff members were instrumental in the early legislation on CEQA and established the foundation for the consulting practice we have today. Our experts lecture (and serve as faculty members) for numerous university extension programs, providing training to technical, legal, and administrative professionals in the planning and environmental fields. Jones & Stokes has the technical capacity and legal knowledge to assist the City with a full range of environmental consulting services. Our southern California region comprises over 100 team members of various disciplines within five different offices, including offices in Irvine, Los Angeles, Temecula, San Diego, and Bakersfield. With over 500 professionals in 16 offices companywide, we cover the breadth of services for nearly every environmental discipline with in-house personnel. Our multidisciplinary staff is made up of planners, cultural resource specialists, biologists, hydrologists, noise and air quality engineers, Cig af,nanm.9nc March !, LUU/ rutEai> fie,Fra ti,Gl Jones & Stokes PIOR1.07 FIR Preparation Services - EIR Preparation Services environmental attorneys, public involvement specialists, and other environmental planning professionals. Jones & Stokes' cultural resources professionals have extensive experience in architectural history, preservation planning, prehistoric archaeology, ethnography, historical archaeology, and history for public and private projects throughout southern California. Our cultural resources staff members are experts in all areas of cultural resources inventory, evaluation, and management, and they meet the Secretary of Interior's Standards for work in prehistoric archeology, historical archeology, history, architectural history, and preservation planning. Jones & Stokes' in-house cultural resources team includes 30 permanent, highly qualified, and experienced staff. Jones & Stokes' staff members are experts in the application of state historic preservation laws, especially those under CEQA. Key staff have been involved in the development of the state of Califomia's technical advice services for CEQA and cultural resources and contributed to the working group that developed the state's implementing guidelines for the California Register of Historical Resources (CRHR). Our team is experienced in applying the CRHR criteria of significance and has expertise in conducted consultation with the State Historic Preservation Office (SHPO) in compliance with PRC 5024. Proposed Scope of Work Our scope of services involves assisting the City with preparation of all required materials (from project description to notice of determination) in accordance with CEQA Guidelines. The EIR will cover all phases of the project and will encompass all entitlements associated with the project Our detailed approach to the tasks involved in the preparation of the EIR is described below. Task 1. Develop Project Description and Review Background Information Jones & Stokes will meet with the City and the applicant within five days of the notice to proceed initiating the project. We will gather all information and reports associated with the proposed project and the project site from the City, including technical studies, planning documents, maps, aerial photos, and other documentation and necessary data. Following the project initiation, we will conduct additional field reconnaissance of the property, and surrounding area. The project description will include a detailed narrative of the proposed project components, including phasing, infrastructure, and discretionary actions. We will also prepare appropriate graphics and maps to accompany the description of the project. We will submit a draft of the project description to the City for approval early in the process to ensure that we share a common understanding of the project being evaluated. We will also work with the City and the applicant to develop a list of project objectives that are agreed upon by both parties. This list is an important step toward development of a reasonable range of alternatives to be addressed later in the process. JlaniaAna Marrs 1, 2007 'EnALJtt EIR SS�i ` Jones & StokesPI081.07 Pronosal - EIR Preparation Services EIR Preparation Services Jones & Stokes will conduct a review and provide an assessment of the applicant -supplied reports for CEQA adequacy. If any deficiencies are identified, we will discuss these issues with the City and will provide specific comments regarding our concerns associated with CEQA adequacy. We assume that any additional technical efforts would be completed by the applicant's consultants, or that additional work required of Jones & Stokes would be subject to an expanded scope of work. Task 2. Prepare and Distribute Initial Study and Notice of Preparation Jones & Stokes will prepare a detailed Initial Study and Notice of Preparation (IS/NOP) for the project. The IS/NOP will include a preliminary, analysis of the environmental issues and will help eliminate issues for a focused discussion of potentially significant impacts in the EIR We will provide the City with an electronic copy of the administrative draft IS/NOP for internal staff review, as well as 20 hard copies of the public review IS/NOP; distribution of 20 copies of the IS/NOP via certified mail to a City -approved distribution list; post the IS/NOP at the County Clerk's office; and send 15 copies to the State Clearinghouse along with a Notice of Completion (NOC) form. Task 3. Prepare Administrative Draft EIR and Draft EIR Jones & Stokes will prepare a technically sound, objective, and legally defensible environmental impact analysis in accordance with CEQA. The EIR will include all of the required contents, including; ■ Table of Contents ■ Executive Summary ■ Introduction ■ Project Description ■ Significant Environmental Impacts (short-term, long-term, direct, indirect, cumulative, and unavoidable) ■ Cumulative Impacts ■ Mitigation Measures ■ Areas of Known Controversy ■ Alternatives Analysis a Growth -Inducing Impact Discussion ■ Significant Irreversible Changes ■ Organizations and Persons Consulted The EIR will include a discussion of the existing conditions, potential environmental impacts, levels of significance, and appropriate mitigation measures for each environmental discipline, as needed. We will use the technical reports that will be provided by the applicant and will incorporate the findings of those studies into the EIR. The list of cumulative projects will be developed in coordination with City staff. The project's contribution to the overall cumulative baseline will be evaluated and discussed, and "cumulatively considerable" impacts will be identified. Mitigation measures will be developed for any cumulatively considerable impacts, if applicable. Jones & Stokes will work closely with the City to identify and screen a reasonable range of alternatives for analysis in the EIR. We will also evaluate growth -inducing effects and determine whether the proposed project would have the potential to directly or indirectly foster economic or population growth. cig, q1U nmAna Marsh 7. 1007 W:,vEaa1,yr ErR W,, R Jones & stokes P1087.07 PrOnosal - EIR Preparation Services Proposal - EIR Preparation Services 5 The .EIR will focus on the potentially significant environmental impacts based on the previous MND and the comments received during the public review process on the MND. While these issues are subject to change, we anticipate that the EIR will address the following CEQA disciplines: ■ Aesthetics ■ Cultural resources ■ Land use and planning ■ Transportation/traffic Our scope of work and approach to each of the technical issues is described below. Aesthetics The EIR will include an analysis of the general visual conditions and impacts related to visual quality, as well as a detailed analysis related to architectural compatibility of the proposed building with the existing National Register Historic District. We will review and incorporate the results of the Aesthetic Impact Evaluation that has been prepared by Kaplan Chen Kaplan, and supplement the analysis as appropriate. The visual analysis will include a detailed qualitative description and narrative of the existing visual setting, with photographs to complement the discussion. We will analyze the existing conditions, which will include identifying the viewshed (area from where the project site can be viewed), the existing viewers (people who can see the project site and their sensitivity to visual change), important visual resources within the project viewshed (landmarks, scenic views, scenic roadways, etc.), the existing visual quality of views of the project site, and the applicable aesthetic policies in the general plan and/or zoning and grading ordinances that may be relevant to the project. Cultural Resources Jones & Stokes' qualified architectural historians and archaeologists will provide a cultural resources analysis of the proposed project, alternatives, and potential impacts to surrounding historic resources. Specifically, the analysis will examine the compatibility of the proposed new construction with the National Register Historic District, potential impacts to the historic ghost billboard, and potential impacts to other previously identified historic resources in the surrounding area. This analysis will also include a review of the Kaplan Chen Kaplan report, which considers the project's compliance with the Secretary of the Interior's Standards for Rehabilitation as they apply to infill buildings in historic districts, and incorporation of its results into the EIR. Previously completed surveys, reports, and inventories will be consulted to identify any previously recorded cultural resources that are known to exist within or near the project area, and a records search will be conducted at the South Central Coastal Information Center at the California State University at Fullerton. Jones & Stokes' qualified arch tectural historians will then conduct a visual survey of the subject property and surrounding area, and prepare a narrative development history of the cuo Oafsanla Ana M=b I, [UU/ W'wEnALaju ErR -14,f Jones&Stokes PI081.07 Prnnosal - EIR Preparation Services EIR Preparation Services property, using historic maps and other research to identify any additional historic resources. Jones & Stokesqualified archaeologists will also perform a pedestrian -level survey to determine the potential existence of any archaeological resources. All of this information will be incorporated into the EIR. Potential impacts to identified cultural resources will be considered in an impacts analysis, and mitigation measures developed. Land Use and Planning Jones & Stokes will provide an analysis of the land use and planning issues, including the project's consistency with land use plans and policies, as well as the overall compatibility with adjacent land uses and growth patterns. A narrative discussion of the existing land uses will be provided, along with an aerial photo and maps to show the project site within the context of the surrounding community. The existing General Plan, proposed Renaissance Specific Plan, and existing zoning ordinance will be described. The impact analysis will present a plan -to -plan analysis, which will evaluate the project in terms of the general plan and specific plan goals and policies. Additionally, any zoning inconsistency issues will be identified. The proposed Specific Development Zone will also be described in relation to the existing zoning, and any potential impacts that may be created as a result of the proposed zoning. The EIR will also present a plan -to -ground analysis, which will provide a qualitative evaluation of the proposed project's compatibility with the surrounding environment. Land use compatibility will take into consideration factors such as sensitivity of existing land uses, adjacent land use and zoning designations and their respective permitted uses, and the ability to continue use of adjacent lands for their designated purpose. Traffic/Transportation Jones & Stokes will review and incorporate the results of the parking analysis prepared by Kaku Associates in 2005. We will critique the report for CEQA adequacy and utilize the report to the maximum extent practical. We will also summarize the issues related to access and potential hazards, and work with the City to analyze the impacts, and identify appropriate mitigation. Cumulative Impacts Analysis The cumulative impacts analysis will focus on the potential for emironmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area. The list of cumulative projects will be developed in coordination with City staff. Significance will be determined using the same criteria defined for the project impacts and mitigation measures. The project's contribution to the overall cumulative baseline will be evaluated and discussed, and "cumulatively considerable" impacts will be identified. Mitigation measures will be developed for any cumulatively considerable impacts, if applicable. Alternatives Analysis Jones & Stokes will work closely with the City to identify and screen a reasonable range of alternatives for analysis in the EIR. These alternatives will be based on their ability to Cib gffanlo Ana MOKb 1, 2007 W'en End Laflr EIR Jones & Stokes PION1.07 EIR feasibly attain most of the project objectives, while avoiding or substantially lessening any of the significant environmental impacts of the proposed project. Some project alternatives may be rejected because they are infeasible or they do not reduce or lessen environmental impacts. As allowed by CE.QA, the alternatives will be analyzed at a reduced level of detail in comparison to the proposed project. Significant Irreversible Environmental Changes Jones & Stokes will summarize the significant unavoidable impacts resulting from the project and will identify any significant irreversible changes and irretrievable commitments of the environment. This will include a discussion of the use of nonrenewable resources, permanent conversion of land uses, improvements to an area that was previously inaccessible, and other factors that would commit furore generations to similar environmental effects. Growth-Inducinq Impacts Jones & Stokes will evaluate whether the proposed project would have the potential to directly or indirectly foster economic or population growth. This will include an assessment of whether the project or its components would directly contribute to growth or remove obstacles to population growth, such as through the extension of infrastructure. We will evaluate whether anyprojected increases in population as a result of the project would result in additional impacts to existing community resources or would encourage and facilitate other activities that could significantly affect the environment. We will evaluate growth projections according to the City's General Plan and Southern California Association of Governments' growth projections (i.e., regional housing needs assessment). Administrative Draft EIR and Draft EIR Deliverables Jones & Stokes will provide an electronic copy of the Administrative Draft EIR for internal staff review; 20 hard copies and 20 CDs (containing an Adobe Acrobat PDF) of the Draft EIR; distribution of 20 copies of the Draft EIR to a City -approved distribution list; send 15 copies of the Executive Summary along with CDs and the NOC farm to the State Clearinghouse; and post a Notice of Availability (NOA) at the County Clerk's office. We assume that the City will be responsible for newspaper notices and sending notices to surrounding property owners. Task 4. Prepare Draft Responses to Comments and Administrative Final EIR Following public review of the Draft EIR, Jones & Stokes will evaluate comments received and prepare draft responses to comments for comment letters received during the public review period. These responses to comments, along with any changes to the Draft EIR, will be submitted to the City as an Administrative Final EIR. Jones & Stokes will provide an electronic copy of the Administrative Final EIR (including compilation of comments received on the Draft EIR, draft responses to comments, and changes to the Draft EIR). Cih' oJ3cnm Ana M—h 1, 2007 m�,r E„etelr EIR �t, fii )ones &Stokes 111081.07 o. =i - PIR Pranaration Services - EIR Preparation Services Task 5. Prepare Final EIR Following the City's review, of the Administrative Final EIR, ) ones & Stokes wifl incorporate revisions, produce, and distribute the Final EIR. The Final EIR will contain comments received on the Draft EIR (or changes to the Draft EIR as an Errata), and the IS/NOP. We will also send appropriate responses to comments received from agencies at least 10 days prior to certification of the EIR, as required by CEQA. Jones & Stokes will provide up to 10 hardcopies of the Final EIR. Task 6. Project Coordination and Meeting Attendance Jones & Stokes will be available to attend necessary meetings associated with the project to support City, staff, and to review and discuss administrative draft deliverables and any issues that may arise during the process. Jones & Stokes' project management team and key technical personnel will be available to attend coordination meetings with City staff as well as public hearings before the Planning Commission and the City Council. We assume attendance by one staff members at up to 4 meetings and a second staff member at two of the meetings, including one Planning Commission meeting, one City Council meeting, one scoping meeting, and one coordination meeting with City staff. Additional meetings will be billed on a time and materials basis according to our standard schedule of fees. Task 7. Prepare Mitigation Monitoring Plan Jones & Stokes will prepare a Mitigation Monitoring and Reporting Program (I UvW) in accordance with the City's approved format. We will work with City staff to identify appropriate responsible parties, methods, and timing. Jones & Stokes will provide 10 copies and one electronic version of the MMRP. Task 8. Prepare Findings of Fact Jones & Stokes will prepare Findings of Fact in accordance with Sections 15091 and 15093 of the CEQA Guidelines, and, if necessary, a Statement of Overriding Considerations for the EIR. Jones & Stokes will provide five copies of the Findings of Fact (and a Statement of Overriding Considerations, if necessary). Task 9, Prepare and File the Notice of Determination Jones & Stokes will prepare the Notice of Determination (NOD) for the EIR following certification of the EIR, and approval of the project. Within five days following the certification of the Final EIR and project approval, Jones & Stokes will file the NOD with the County Clerk. We assume the City will furnish the $2,500 Department of Fish and Game processing fee, or file a waiver for the fees. SO J'A. March 1, 2007 and L] ftt, EIR li, ki Jones & Stokes P1081.07 - EIR Preparation Services - EIR Preparation Services Team Personnel Jones & Stokes has put together a team that will enable us to be fully responsive to the City's needs. Our team will be led by Chad Beckstrom, AICP, who is an experienced senior project manager. Chad is an associate principal with the firm and will serve as the project director and project manager for this effort. Iien Bogdan, JD, and Charles Smith, AICP, will provide quality control/ quality assurance as needed for the proposed project. Qualifications of out key team members are also provided below (full resumes and additional qualifications of other team members will be provided upon request). Chad Beckstrom, AICP—Project Director/Project Manager. Chad is a senior project manager and CEQA prac6doner with a background in urban development and comprehensive planning. projects. He has over 10 years of experience managing and -, preparing multidisciplinary environmental documents and focused studies for urban development projects, including residential communities, commercial developments, industrial facilities, mixed -use projects, and institut onal projects; comprehensive planning programs, including general plans, specific plans, and zoning amendments; open space and recreational facility plans; and regulatory compliance and permitting programs. Chad has been providing ongoing on -call consulting service to the City, including conducting CEQA training, and reviewing and preparing CEQA documents on behalf of City staff. His expertise includes analysis of land use and infrastructure impacts; identification of land use compatibility and growth -inducing issues; policy analysis; and mitigation design. Chad has worked with agencies to defend legal challenges as well as conducted peer reviews of documents on behalf of clients to ensure CEQA adequacy. He also teaches courses on CEQA topics at programs sponsored by professional environmental organizations. Chad earned a Master's in Urban and Regional Planning from California State Polytechnic University, Pomona, and a B.A. in Environmental Analysis and Design from the University of California, Irvine. Charles Smith, AICP—Project Director. Charles Smith, AICP, has over 15 years of diverse experience in private sector consulting for land development, transportation, water resources, public works, resource management, energy, oil and gas, and other development projects. Charles has authored numerous reports, including EIRs, EISs, technical studies, and general plans. He has extensive experience in CEQA/NEPA compliance, permitting, and entitlements processing with a variety of federal, state, regional, and local agencies. Charles has managed EIRs and supporting environmental permits for many projects in southern California. He has also managed on -call services contracts with the City of Los Angeles Department of Water and Power and the Los Angeles County Department of Public Works. Under these contracts, Charles managed CEQA documents for a variety of public works infrastructures. In support of these and other projects, he has supervised teams of environmental technical specialists in biological resources, cultural resources, hydrology, geology, land use and planning, air quality, noise, transportation, and related disciplines needed to ensure compliance with CEQA. His project management activities have routinely involved various regulatory compliance activities, including permit identification, processing, and acting as liaison with federal, state, and local permitting agencies. Charles earned a Master's in Urban and Regional Planning from the University of Gi,afSanln.9m March 1, 2007 W1w End Wa EIR tS, r� Jones &Stokes Pf08'.07 Pr mPI - EIR Preparation Services Proposal -EIR Preparation Services 10 Southern California, and a B.S. in Business Administration from the University of Southern California. Ken Bogdan, JD—QNQC, Environmental Counsel. Ken Bogdan, jD, is an environmental counsel with more than 13 years of experience in analyzing issues regarding compliance with environmental laws and regulations, including CEQA, NEPA, Sections 401 and 404 of the Clean Water Act, and both the federal and California endangered species acts. Ken's primary function is to assist clients and in-house staff in understanding the complexities of environmental permitting requirements. He also managed the preparation of environmental compliance handbooks for clients, such as the CALFED Bay -Delta Program and U.S. Fish and Wildlife's Anadromous Fish Restoration Program. Ken is coauthor of The CEQA Deskbook: A Step -By -Step Guide on How to Comply with the California Environmental Quality Act, published by Solano Press Books. Ken holds a J.D. from the Universitv of California, Davis, School of law, and a B.S. in Environmental Management from Rutgers University, Cook College. Richard Starzak—Principal Architectural Historian. Richard has 26 years of experience as an Architectural Historian, including 16 years as a Project Manager, specializing in consultation on behalf of public agencies for compliance with Section 106 of the National Historic Preservation Act. As of 2006, he has conducted Section 106 studies or SHPO consultation in 31 states for a variety of federal agencies including FHWA, FTA, STB, IRA, FCC, and EPA. He specializes in large-scale architectural % historical surveys required to establish National Register eligibility, and has done so in city centers as diverse as Los Angeles, Houston, Dallas, Denver, Reno, Riverside, and Tampa. He has earned a reputation for problem solving when historic properties cause constraints by developing creative alternatives, approaches, consultation documents, and mitigation. He has developed data base programs for accessing large inventories of historic resources and creating technical reports. They later were used by the California State Office of Historic Preservation, Houston METRO, City of Riverside, City of San Diego, and City of Los Angeles' Department of Planning and Bureau of Engineering. Richard meets the Secretary of the Interior's Professional Qualifications Standards in Architectural History. Beginning in 2004, he managed the preparation of a series of National Register nominations for properties owned by the U.S. General Services Administration in a variety of states, including post offices, courthouses, custom houses, and border inspection stations. Richard earned a M.A. in Architecture: History from University of California, Los Angeles, and a Sc.B. in Biology from Brown University. Christopher J. Hetzel —Senior Architectural Historian. Chris is a federally qualified professional 36 CFR 61) in the fields of historic preservation, architectural history, and preservation planning with over 10 years of experience in these areas. Christopher is knowledgeable in American urban and suburban history, and he is experienced in local, state, and federal regulatory environments, including Section 106 Review, NEPA, and CEQA. In addition, he has considerable expertise performing architectural design review, interpreting the Secretary of the Interior's Standards, and preparing historic resource surveys, rehabilitation studies, I-storic Structure Reports, and nominations to the National Register City ufswl, Ana Mush 7, 2007 W,v Eeeloyrala ;4,g Jones &Stokes rfoar.or Prnnntal- EIR Preparation Services EIR Preparation Services _ _ I 1 of Historic Places. Christopher has worked as a historic consultant in the Los Angeles area since 1999, Prior to this time, he was the Historic Preservation Officer for the City of Deadwood, South Dakota, where he administered that City's multi -million -dollar historic preservation program. Christopher has also worked as an independent historic consultant in South Dakota, Missouri, and Tennessee; and he is skilled in the use and development of digital technology to facilitate the completion of successful historic preservation projects. He holds an M.A. in Public History and H storic Preservation from Middle Tennessee State University, Tennessee, and a B.A. in History (minors in Art History and Archaeology) from Washington University, Missouri. Daniel D. Paul --Cultural Resources/Historian. Daniel has been involved in various historic preservation capacities for the last 12 years and has completed National Register of Historic Places nominations, City of Los Angeles Histotc-Cultural Monument applications, Mills Act contract applications, historic context statements, and numerous historic assessments. Daniel's multi -year research experience includes the study of self-taught "folk art environments," Los Angeles architectural history, and post -World War II architectural design trends. A U.S. Secretary of the Interior Qualified Architectural H storian, Daniel's recent work with Jones & Stokes has included the writing of historic context statements, evaluating the Port of Los Angeles historic archives, and a National Register of Historic Places nomination for the U.S. Customs House in St. Albans, Vermont. He earned an M.A. in Art History from the California State University, Northridge, and a B.A. in Art History from California State University, Fullerton, Mark Robinson --Senior Archaeologist. Mark is a cultural resources specialist with more than 19 years of experience in prehistoric and historical archaeology. He has worked extensively in California as well as in the Pacific Northwest, the Midwest, and on the Atlantic seaboard. Mark has specialized training in Ethic analysis and Ethic materials identification and sourcing, and he meets the Secretary of Interior's standards for a professional archaeologist. He has managed all phases of archaeological activities, including surveys, testing, data recovery excavations, monitoring, site evaluation, analysis, report preparation, and archival research for numerous federal and state agencies. These projects involved complex cultural resources and compliance issues as well as budget preparation and tracking, staff coordination, and writing and editing of reports and Section 106 compliance documents. Mark holds an M.S. in Anthropology from the University of Oregon, an M.A. in English from the University of Oregon, and a B.A. in H story and Geology from the University of Montana, 1981. Nicole Breznock—Environmental Planner. Niki is an environmental planner experienced in the preparation of CEQA documents. Prior to joining Jones & Stokes, Nicole worked for a law firm, which specialized in representing public agencies and water utilities in complex groundwater pollution litigation. She reviewed, analyzed, and managed the wide variety of geospatial and environmental data use to support each case. Nicole also worked an Assistant Planner for the City of Irvine. Her experience includes preparing staff va Mamb 1, 2067 EIR �S)fl Jones & Stokes MOd1.07 Proposal - EIR Preparation Services EIR Preparation Services 12 reports, zoning administrator reports, and environmental documentation and publicly presenting cases for discretionary review by the Zoning Administrator, Nicole holds a Masters of Environmental Management (M.E.Mi) from the Yale School of Forestry and Environmental Studies and a B.A in Environmental Analysis and Design and Criminology, Law and Society from the University of California, Irvine. Estimated Schedule Jones & Stokes proposes to complete the scope of work outlined above within approximately 5 months (except for the public hearings). Our proposed schedule is detailed in Figure 1. Cost Proposal Jones & Stokes proposes to complete the scope of services identified above for an estimated fee of $64,972. These costs are based on our standard schedule of fees; a breakdown of the costs is provided in Table 1. 06 afSmm Ana - Marsh 1. 2007 lrlui End lofts EIR W,`I Jones &Stokes PIO81.07 Figure 1. Proposed Schedule for Preparation of the EIR for West End Lofts Prepare draft initial�Sel�u9dyINOP t nCkh'feylr.l�.%`r-+vdf ,a;.,•?:':".T.'e^a n..}1�-'..:'tiR^Fut�S.xl-wxl=.t.�.; J&S revise Initial Study/NOP and prepare public notices Circulate Opli t'al Stu 30. aV rave ) �S s,.�ti v ..er r.. 1;ec�:s�xi.a..fte , a . e:�t&' L� :f `�' .C31gtr*it �+q'. Conduct Scraping Meeting (Optional) Review Technical Sludiell(P)ovided It Applicant), Prepare Admm Draft FIR ply review Adm7PAP,Or's1Fr3+4CF+2S.r"iiMi a.- '>'. J&S Revise `D, raft EIRICity review 2nd Saeencheck Draft EIR t Prepare public notices and su?ppod documentation Circulate NOAIDraft FIR (45 day review) Prepare Re nse_b Cpmments/Admin Fm wMlugauon Momwr r ;{ City review of Responses to CommentslAdmin Final FIR/Mitigation Monitoring PlacTindings of Fact Planning Commission Meeting Prepare NOD and submit to County Clerk ,net Estlmate for PrePeretion of an E1R TOT the West End Lofts Project, Santa Ana, CA Jones & Stokes March 8, 2007 Ms. Hally Soboleske, Associate Planner Citv of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex NI-20 P.O. Box 1988 Santa Ana, CA 92702 Subject: Proposed Budget and Billing Milestones for the Preparation of the Environmental Impact Report for the West End Lofts Project Dear Hally: Thank you for contacting me regarding the proposed billing milestones for the West End Lofts EIR project. Jones & Stokes prefers to work on a time and materials basis, and bill our clients monthly. However, we understand that this is sometimes not feasible or undesirable for our clients. For the West End Lofts EIR, we -;ill propose to complete the project for a fixed fee of $65,000 (as opposed to a time and materials not -to -exceed as originally proposed), and bill the City according to the following major milestones: Milestone /Deliverable 1. Admin Draft Initial Study/Notice of preparation 2. Distribution of IS/NOP 3. Preliminary Administrative Draft EIR #1 (33% complete) 4. Preliminary Administrative Draft EIR #2 (66% complete) 5. Complete Administrative Draft (100% complete) 6. Public Draft EIR 7. Administrative Final EIR 8. Final EIR/Mitigation Monitoring Plan 9. Public Hearing Attendance 10. File NOD/Project Complete Total Fee $8,000� i 0 5O0 $2,500 $10,000 $10,000 3G)06D $15,000 $5,000 $7,000 191600 $2,500 $2,500 2 500 $65,000 We would also require a 20% retainer upon notice to proceed ($13,000), and request that the City keep at least this same amount in the account at all times -to -account -for any sudden project stoppage, to ensure no lapse of payment for work in progress or completed and unbilled. 17310 Red HD Avenue, Sui¢ 320 • 1¢v , CA 926145600 • tel. 949 260.1080 • iax 949 260.1081 vmvv✓jonesaodstokes.corn Ms. Rally Soboleske Ms, Rally Soboleske Mach 8, 2007 Page 2 of 2 Additionally, if there are any changes to the project presented by the applicant, delays on behalf of the City, or any unforseen issues that arise which would extend the schedule for more than one month beyond the timeline shown in our proposal, we will bill the City for direct costs and expenses incurred to date without regard to the deliverable -based fee schedule. I hope that this approach satisfies both the City's and the applicant's needs. We are eager to begin work on this project and are ready upon notice to proceed. Should you have any questions, please feel free to contact me at 949/260-1080. Sincerely, Chad R. Beckstrom, AICP Project Director EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy 7i-2--7 tb-3 relating to the following: l . 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 '�%�yo �y vO , this endorsement form as a part of Policy 4 'P SLc'p 2c-a_.-t8s'3 Issued to Named Insured Countersignedby a�y Authorized Represen e HVURV,r. UtK I IrII.A I r- I LIIADILI I T IIYJIJRM$wL Page 1 or 2 I UY/AO/... -- ---- Twin rFRTIFICATE IS ISSUED AS A MATTER OF INFORMATION ACORO„ CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 1 04/2ATE 012007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE l h i IncOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Wi lie Nort Amer OR, nc. 26 Century Blvd. P. O. Box 305191 Nashville, IN 372305191 INSURED ,Tones & Stokes Associates, Inc. 2600 V Street Sacrament., CA 95818 nveewr_vc INSURERS AFFORDING COVERAGE t D: American Rome Assurance Company Ni 410- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR 00' POLICY EPFECTIV POLICY EXPIRATION LIMITS TR TYPE OFINSURANCE POLICY NUMBER M Y E 0 A X GENERALLIABILITY PROP2027883 10/1/2006 10/1/2007 EACH OCCURRENCE $ 1 kQpQ 0-00 MMERCIAL GENERAL LIABILITY PREMISET Es aNTuren e $ 5Q0 BO CLAIMS MADE �OCCUR TXPC--.-ntractual MED EXP(An one person) $ 5 QQ0 llution Liab Incl_ PERSONAL S ADV INJURY S 1 OOQ 090 Liabilit GENERALAGGREGATE $ 2,000,000 PRODUCTS -COMPIOP AGG S 1, Q00, 000 GFN L AGGREGATE LIMIT APPLIES PER. POi PRO- LOC B AUTOMOBILE LIABILITY CAS054198 10/1/2006 10/1/2007 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Eaaccident) ALLOWNEDAUTOS SCHEDULED AUTOS BODILYINJURY IPerperson) I$ HIREDAUTOS p '�i 3T LL(�(�L', �)'f!•,� �� p FOR BODILY INJURY $ �(Pera¢ltlen[) NON-OWNEDAUTOS PROPERTY DAMAGE $ CL/ (Per accident) GARAGE LIABILITY ._Ldy AUTO ONLY -EA ACCIDENT Is OTHER THAN _EAACC ANYAUTO .IIU)FUBy S AUTOONLY. AGG $ C EXCESS LIABILITY PROUB085646 10/1/2006 10/1/2007 EACH OCCURRENCE $ 3, 000 0 AGGREGATE - _ X OCCUR CLAIMSMADE 8 5 QQQ OQD DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATIONANO .California WC3423144 111/1/2006 10/1/2007 C X TORYL/MITS 'DER EMPLOYERS' LIABILITY All Other WC3423143 10/1/2QO6 10/1/2007 E.L.EACH ACCIDENT J., QQQ 400 D ANY PROPRIETORIPARTNERIEXECUTIVE _$ OFPICERIMEMHER EXCLUDED? E.L. OISEASE-EA EMPLOYEE $ 1, QQOJ QQU Ryes, describe under SPECIAL PROVISIONS below EL DISEASE POLICYLIMIT $ A OTHER IPROP2027883 1111 2006 10/1/2007 Professional Liability $3,000,000 Each Loss Claims Made $3,000,000 Aggregate Deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: West End Lofts Development The City of Santa Ana, its officers, agents, employees, volunteers and representatives shall be named as additional insured for General Liability as required by written contract. If required by insured contract, such insurance as is afforded by this policy is primary and no other insruranoe of the Ad c unr nce rANIrcI I ATVSM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Community Redevelopment Agency OE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR the City of Santa Ana REPRESENTATIVES. 20 Ci ViC Center Plaza, X-37 AUTHORIZED RESENTATIV P.O. BOX 1988 Santa Ana, CA 92702 - ACORD 25(2001108) Coll:1960292 Tpl:542217 Cert:88326 VA$.VXLJ .LI IYVKNIRJN-IBDI Page 2 of 2 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenl(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. APPRO V._ ) FORM .i:oraey ACORN 25(20011081 Co11:1960292 Tp1:542217 Cert:8854026 EFFECTIVE DATE: 10/1/2006 POLICY NUMBER: PROP2027883 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured — Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Santa Ana, its officers, agents, employees, volunteers and representatives Re: West End Lofts Development (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. APPRt � �. � TO FORM CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984 ENDORSEMENT NO. 8 ENDORSEMENT NO. 8 This endorsement, effective 12:01 AM 10/1/2006 Forms a part of Policy No: PROP2027883 Issued to: Jones & Stokes Associates, Inc. By: American International Specialty Lines Insurance C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDIPRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of $ 0.00 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you. Additional Insured: The City of Santa Ana, its officers, agents, employees, volunteers and representatives This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) APPRO'✓L, a ; 10 FORM 78123 (6/01) C11486 cr&NNFR/PRINTER —POLICE CONSENT CALENDAR 22.B. SPEC. NO. 07-034 - KODAK DIGITAL SCANNER/PRINTER — POLICE DEPARTMENT - Award a contract to Matrix Imaging Products, Inc. in an amount not to exceed $35,480 — Finance & Management Services Agency 22.C. SPEC. NO. 07-035 - STAKE BED TRUCK - Award a contract to Bob Stall Chevrolet in the amount of $36,500.32 and increase the aggregate limit in an amount not to exceed $5,000 annually- Finance & Management Services Agency 22.D. SPEC. NO. 07-039 - PURCHASE AND INSTALLATION OF TREADMILLS — POLICE DEPARTMENT - Award a contract to LA Gym Equipment in the amount of $26,590 — Finance & Management Services Agency 22.E. SPEC. NO. 07-046 - LEICA COMPARISON MACROSCOPE - DIGITAL IMAGING SYSTEM — POLICE DEPARTMENT - Award a contract to McBain Instruments in a total amount not to exceed $96,800 - Finance & Management Services Agency Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A- through 25.H.) 25.A. WEST END LOFTS DEVELOPMENT AND APPROPRIATION ADJUSTMENT — PLANNING AND BUILDING AGENCY Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT. NO. 2007-083 - ENVIRONMENTAL IMPACT REPORT (EiR) - With Jones and Stokes in an amount not to exceed $65,000, pending receipt of funding from developers 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-100 - Recognizing $65.000 in the 2006-2007 FY revenue account for environmental review fee for the West End Lofts development appropriating $65,000 to the Planning and Building Agency 2006-2007 FY budget allocation in the account for contractual services for payment to Jones and Stokes. Councilmember Benavides abstained on Item 25.A due to his participation in the matter as a member of the Planning Commission CITY COUNCIL MINUTES 139 APRIL 16, 2007 CONSENT CALENDAR CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A.) 10.A. REGULAR MEETING MINUTES OF APRIL 2, 2007 BOARDS/COMMISS ION S/COMMITTEES 13.A. VACANCY REPORT—APRIL 11, 2007 The Vacancy Report reflects only appointments made by the Council. Motion: Receive and file. BOARD/COMMISSION VACANCIES Community Redevelopment 1 Housing Commission Youth Commission - Alternate 3 Youth Commission - Regular 1 Personnel Board 1 TOTAL 6 BOARD/COMMISSION EXPIRED TERMS Historic Resources Commission 1 WARD Tenant WARD 1,3 & 5 1 5 CITY COUNCIL MINUTES 136 APRIL 16, 2007 COUNCIL ACTION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 16, 2007 TITLE: CONTRACT AWARD WITH JONES AND STOKES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE WEST END LOFTS DEVELOPMENT AND APPROPRIATION ADJUSTMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 200 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Jones and Stokes to prepare an Environmental Impact Report (EIR) and related technical studies for the West End Lofts development in an amount not to exceed $65,000, pending receipt of funding from developers. 2. Approve an appropriation adjustment recognizing $65,000 in the 2006- 2007 FY revenue account for environmental review fee for the west End Lofts development (account no. 011-01-5452-116) and appropriating $65,000 to the Planning and Building Agency 2006-2007 FY budget allocation in the account for contractual services (account no. 11-505-6291) for payment to Jones and Stokes. DISCUSSION Staff has been working with Urban+West+Strategies, Inc., who wish to pursue a residential mixed -use project at 320 West Fourth Street in the City's Historic Downtown National Register District. Staff has prepared a preliminary environmental analysis and identified potentially significant environmental impacts that could be associated with the implementation of the proposed project. Therefore the preparation of an Environmental Impact Report (EIR) for the project is required. Urban+West+Strategies, Inc. agreed to pay for the cost of these studies and will be funding the recommended contract in its entirety. Staff is recommending an agreement for this project with Jones and Stokes due to the technical expertise that they have in environmental analysis for complex projects. Jones and Stokes has previously prepared environmental documents for projects throughout the City. This contract will continue to build on that successful effort. Additionally, Jones and Stokes is included in the City's list of qualified environmental 25A-1 Agreement with Jones and Stokes April 16, 2007 Page 2 consultants and is currently under contract with the City for environmental consulting services unrelated to this project. Staff recommends that Jones and Stokes be selected to prepare the Environmental Impact Report for the West End Lofts mixed -use residential development for a total amount of $65,000. Environmental Impact The awarding of a contract for preparation of an environmental impact report is statutorily exempt from CEQA. FISCAL IMPACT The applicant for the project, Urban+West+Strategies, Inc., will deposit the full amount of the contract with the City of Santa Ana, in a special account for the proposed project. The appropriation adjustment will increase the anticipated revenue in the special revenue account for the project (account no. 011-01-5452-116) by $65,000 and increase the Planning and Building Agency allocation for contractual services by $65,000 (account no. 11-505-6291) for payment to Jones and Stokes. APPROVED AS TO FUNDS AND ACCOUNTS: Ja M. Trevino ``� Fr�ancisco Gutierrez Executive Director Axecutive Director Planning & Building Agency Finance & Management Services Agency HS:rb Re:\w at_end_1ofte\weat_End Loft EIR_contract.cc 25A-2 kCD, CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTI ONLY AND CONFERS NO RIGHTS UPOI willis North America, Inc. 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 INSURED Jones 6 Stokes Associates, Inc. Attn: Pam-Lampkin 2600 V Street Sacramento, CA 95818 DATE 10/03/2007 HOLDER. THIS CERTIFICATE DOES NOT Aft PIv. ALTER THE COVERAGE AFFORDED BY THE POLI INSURERS AFFORDING COVERAGE INSURERA: American International Specialty Lines NSURERB: Commerce and Industry Insurance Compare r..♦e...aH nnwl Specialty Lines American EXTEND OR IES BELOW. NAICR in 26883-003 19410-004 In 26883-002 19380-001 COVERAGES NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSR ADO' POLICY NUMBER TYPEOFINSURANCEDATE (MMQDrYYI PROP2027883 10/1/2007 10/1/2008 EACHOCCURRENCE $ 1,000,000 A GENERAL LIABILITY DAMAGE iORENTED $ 500 000 X I COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence CLAIMS MADE 1XI OCCUR MEDEXP(Anyoneperson) S 5,000 PERSONALS ADV INJURY $ 1,000,000 X Pollution Liao Incl. GENERAL AGGREGATE $ 2,000,000 X Contractual Liability GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPlOP AGO $ 1 OOO OOO POLICY X PRO LOC B AUTOMOBILELIABILITY CA5054198 10/1/2007 10/1/2008 COMBINED SINGLE LIMIT $ 1,000,000 (Ea acoden0 X ANY AUTO ALLOWNEDAUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS i-, 1'� .);:iil HIRED AUTOS , BODILY INJURY $ (Per accident) NON -OWNED AUTOS �..�e PROPERTYDAMAGE $ (Per accident) t '-'I' f'ItLF-_ AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY - +- ANYAUFO OTHERTHAN EAACC $ $ AUTO ONLY: AGG C EXCESSIUMBRELLA LIABILITY PROU8085646 10/1/2007 10/1/2008 EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 X OCCUR CLAIMSMADE S DEDUCTIBLE OTH- WRY $ X RETENTION $ 10 00 D WORKERS COMPENSATION AND CA WC3426107 10/1/2007 10/1/2008 X- TORV UMIT_ ER IMT- EL. EACH ACCIDENT s 1,000,000 EMPLOYERS'LIABILSCOMPIEN Y ADS WC3426106 10/1/2007 10/1/2008 EL DISEASE - EA EMPLOYEE $ 11000,000 D ANY PROPRIETOWPARTNER7EXECUTIVE OFFICERIMEMSER EXCLUDED? EL.DISEASE- POLICY LIMIT $ 11000,000 If yes, describe under SPECIAL PROVISIONS below PROP2027883 10 1 20 77 10 1 F008 A OTHER $3,DOO,OOD Each Lose l Professional Liability $3, 000,00 Aggregate Claims Made 50 000 Deductible DESCRIPTION OF OPERATONWLOCATONSIVEHICLES XCLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS Re: On -Call Services The City Of Santa Ana, its officers, agents, employees, volunteers and representatives are I£ included as Additional Insured as respects General Liability, as required by written contract. required by insured contract, such insurance as is afforded by this policy is primary and no other insurance of the Additional Insured will be called upon to contribute to a loss. DtM I I IUA I C I1 VLu nn 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 City Of Santa Ana IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Planning and Building Agency REPRESENTATIVES. 20 Civic Center Plaza, ROSS Annex M-20 AUTHORIZEDR RFSFNTATIV P.O. Box 1988 Santa Ana, CA 92702 ACORD 25 (2001/08) Co11:2129470 Tp1:690109 Cert:96J0 90 ®ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 11:2129470 Tp1:690109 Cert:9630790 EFFECTIVE DATE: 10/1/2007 POLICY NUMBER: PROP2027883 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured - Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Santa Ana, its officers, agents, employees, volunteers and representatives Re: On -Call Services (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984 �k; ENDORSEMENT NO. B This endorsement, effective 12:01 AM 10/1/2007 Forms a part of Policy No: PROP2027883 Issued to: Jones & Stokes Associates, Inc. By: American International Specialty Lines Insurance C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of $ 0.00 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you. Additional Insured: The City of Santa Ana, its officers, agents, employees, volunteers and representatives This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 78123 (6/01) CI1486