HomeMy WebLinkAboutP & D CONSULTANTS, INCAGREEMENT TERMINATION
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Signature:
Date:
City of Santa Ana
Revised 3-2-07 Clerk of the Council
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
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CLERK OF COUNCIL
DATE: 5/AIp7
CONSULTANT AGREEMENT
A-2007-071
('21
THIS AGREEMENT, made and entered into this 2"d day of April, 2007 by and between
P&D Consultants, Inc., a Delaware 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 and 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, videotapes, and
computer programs, Consultant agrees, 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 by 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 B. The total sum to be expended under this
Agreement shall not exceed $246,625.00 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.
4. TERM
This Agreement shall commence on the date first written above and terminate upon
certification of the Final EIR and Notice of Determination, 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, ajoint 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, 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 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.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers,
employees, consultants, special counsel, and representatives from liability: (I) 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 effects arising from this
Agreement to the extent caused by the negligent acts, errors or omissions of the Consultant in the
performance of 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 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: P&D Consultants
Ms. Anne Pietro
999 Town & Country Road, 4"' Floor
Orange, California 92868
telefacsimile (714) 285-0740
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 terns 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 perforated 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.
fN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney IJ
By: J2 uCe
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. RE 1
City Manager
P&D CONSULTANTS
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March 8, 2007
Pedro Guillen, Associate Planner
City of Santa Ana Planning Division
20 Civic Center Plaza, M20
Santa Ana, CA 92701
Subject: Proposal for an Environment Impact Report for City Place Sky Lofts Project
P&D Consultants is pleased to provide the City of Santa Ana with this proposal for an Environmental
Impact Report (EIR) for the City Place Sky Lofts Project (Sky Lofts Project). Based on our
understanding of the project, we have provided the following information, including a scope, schedule,
and fee estimate.
Project Understanding
P&D understands that an EIR (State Clearinghouse No. 20040418) was prepared in February 2005 for
the City Place Project. Entitlements were granted for the City Place Project in 2005 via the approved
EIR, Specific Development zone, conditional use permit, development agreement, and vesting
tentative tract map to allow 57,700 square feet of commercial, 73 live/work lofts, and 112 new town
homes. P&D understands that the applicant for the Sky Lofts Project is the same as the applicant for
the previously approved City Place Project.
The City Place Project is currently under construction, with the exception of two -acres which are now
being proposed as the site for the Sky Lofts Project. The site is vacant and is located at the northwest
corner of Lawson Way and Jeanette Lane. To the south is Santiago Park, to the east a senior housing
facility, and to the north, existing development within the City of Orange, including office and
commercial uses.
In 2005, the City Place EIR was certified. However, the town homes proposed for the two acres were
not approved by the City Council. Instead, through the Specific Development zone, two single family
homes were entitled on these two acres. As part of the development agreement, the two acres were
set aside from the City Place Project to study the possibility of developing a high-rise project. The City
Place Project was not entitled for any high-rise development.
Project Description
The Sky Lofts Project would be a 29-story building above a four -level, above -grade parking structure
with 2.5 levels below grade, and would include approximately 350 residential units. The Sky Lofts
Project would also include various public utility systems.
P&D's Approach
P&D proposes to prepare an EIR for the Sky Lofts Project. The EIR will include pertinent information
from the City Place EIR and new information and analysis related to the Sky Lofts Project.
EXHIBIT A ;
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Pedro Guillen
March 8, 2007
The EIR will be prepared in accordance with the California Environmental Quality Act (CEQA) of 1970,
as amended (California Public Resources Code Section 21000, et sec.), and CEQA Guidelines
(California Code of Regulations Section 15000, et seq.). The following are the key work program
tasks required to successfully prepare and process the EIR for the proposed project.
Scope of Work
Task 1.0 Technical Studies
Technical studies will be prepared in support of the EIR for Air Quality, Noise, and Traffic. P&D
assumes that the applicant will provide the previously prepared Geotechnical Study and Hydrology
Study and that these technical studies will be sufficient to address potential impacts of the 29-story
Sky Lofts Project building related to these environmental parameters. P&D assumes that the City will
review and approve these studies.
Air Quality Impact Analysis
P&D will provide an air quality impact analysis (AQIA) study for the Sky Lofts Project. The AQIA will
primarily follow the evaluation methods and criteria developed by the South Coast Air Quality
Management District (SCAQMD) as outlined in the SCAQMD CEQA Air Quality Handbook, dated
1993, and all supplemental policies.
P&D will estimate emissions associated with the construction phase of the proposed project. Emission
estimates will be used to evaluate the Sky Lofts Project for conformity with the SCAQMD Air Quality
Management Plan (AQMP). P&D will work with the City to accumulate detailed information on the
project construction, including construction phasing and heavy equipment requirements. Emissions
will be calculated for criteria pollutants and toxic air contaminants (TAC) emissions, where information
is available. The emissions estimates will be based on information provided by the project design
team with regard to construction requirements, andiorwill be developed based on standardized
approaches as presented in the CEQA Handbook for construction of mixed -use developments. P&D
will then evaluate the significance of project emissions based on significance thresholds as presented
in the CEQA Guidelines checklist. Where required, P&D will evaluate mitigation measures that may
reduce potential impacts associated with construction activities. The proposed project will also be
analyzed for consistency with applicable air quality and transportation planning programs, as
appropriate.
Air quality analysis for the City Place Project EIR included a carbon monoxide (CO) Hot Spots analysis
for seven (7) intersections. To evaluate project compliance with short-term CO standards, the EIR will
include CO Hot Spots evaluation for the 7 intersections included in the City Place Project EIR, or as
appropriate pending the traffic analysis.
P&D will provide a preliminary draft for review and comment, a final draft for review and comment, and
a final AQIA for the EIR.
Noise Technical Study
Weiland Associates, Inc. will prepare a noise technical study for the EIR that will include the following:
• A survey of the study area to identify the location of the noise sources in the area.
• Definition of significance criteria for the project based on the CEQA Guidelines checklist, the City's
General Plan standards, and the City's noise ordinance standards.
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Pedro Guill6n
March 8, 2007
• Ambient noise measurements obtained at selected locations within the study area to identify the
existing noise environment.
• An analysis of the existing noise environment relative to the noise sources in the study area.
• An analysis of the future without -project noise environment relative to the noise sources in the
study area.
• An analysis to identify the noise levels that will be generated by the Sky Lofts Project component.
• An assessment of the impact of the future noise environment on the existing land uses within the
study area relative to the significance criteria.
• An assessment of the impact of the future noise environment on the project site relative to the
significance criteria.
• An assessment of construction noise impacts associated with the project.
Where significant impacts are assessed, methods will be identified by which the noise may be reduced
to a level of compliance with the significance criteria.
Traffic Technical Study
P&D will prepare the traffic impact study for the circulation issues related to the Sky Lofts Project. The
traffic analysis will include (1) Existing Conditions, (2) Future Traffic Conditions, (3) Traffic Impact
Analysis, (4) Mitigation Measures, (5) Site -Specific Traffic Analysis, and (6) Report Preparation.
Existing Conditions
P&D will determine the existing conditions within the study area which will be summarized in the traffic
study. P&D will conduct at least one field visit to establish the circulation characteristics within the
study area. Circulation characteristics may include, but not be limited to, the following: mid -block lane
configuration, intersection geometry/controls and pedestrian, bicycle, parking and transit facilities.
P&D anticipates the study area will be the same as the previous traffic study prepared by P&D in 2004
for City Place. The previous traffic study area was determined in conjunction with both the cities of
Orange and Santa Ana. The study area included eight road segments, three ramp segments and 21
intersections. The final study area for this traffic study will also be determined in conjunction with both
the cities of Orange and Santa Ana.
The subconsultant, Southland Car Counters, will collect the traffic counts for the study area. As of
February 2007, traffic near the proposed project site and in the anticipated study area has normalized
with completion of the major construction activities for the State Route (SR) 22 widening project near
the proposed project site.
P&D will obtain and review recently completed traffic impact studies and other pertinent information for
projects in the areas surrounding the project site from both the cities of Orange and Santa Ana.
Future Traffic Conditions
The following tasks will develop the traffic conditions for the proposed project. The traffic conditions
will be used to determine the impacts the project may have to the circulation system.
Background traffic forecasts for the Opening Year will apply an ambient regional traffic growth rate to
existing traffic volumes and add cumulative project traffic from neighboring projects. The cumulative
projects list will be determined in conjunction with both the cities of Orange and Santa Ana.
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Pedro Guillen
March 8, 2007
As included in the previous traffic study for City Place and as usually requested by the City of Santa
Ana, this traffic study will include a traffic analysis for General Plan buildout. Daily background traffic
forecasts at General Plan buildout will be supplied by the Orange County Transportation Authority
(OCTA) from the Orange County Traffic Analysis Model (OCTAM). The General Plan buildout year in
OCTAM was recently updated from 2025 to 2030. The 2030 daily background traffic forecasts will be
post -processed to determine the peak hour intersection turning volumes.
P&D will generate project traffic from the Institute of Transportation Engineers' (ITE's) Trip Generation
and other trip generation resources. The project traffic will then be distributed and assigned to the
circulation network based on OCTAM.
Traffic Impact Analysis
P&D will conduct a traffic impact analysis for the study area defined in Existing Conditions for the
following scenarios:
• Existing Conditions (2007)
• Opening Year (year to be determined [TBD]) without the Project
• Opening Year (year TBD) with the Project
• Opening Year (year TBD) with the Project with Mitigation (if needed)
• General Plan Buildout (2030) without the Project
• General Plan Buildout (2030) with the Project
• General Plan Buildout (2030) with the Project with Mitigation (if needed)
P&D will calculate the Level of Service (LOS) for each of the study road segments, ramp segments
and intersections. The road segment LOS will be determined on a daily maximum volume for each
corresponding LOS and road classification. The ramp segment LOS will be determined based on the
hourly volume -to -capacity (VIC) ratio. The LOS for signalized intersections will be based on the
Intersection Capacity Utilization (ICU) methodology. The LOS for signalized intersections at the
California Department of Transportation (Caltrans) ramps will be based on the Highway Capacity
Manual (HCM) methodology. The LOS for unsignalized intersections will be based on the HCM
methodology
P&D will identify project -related traffic impacts based on a comparison of the results of LOS analyses
between the applicable scenarios listed above. Project impacts will be based on City's standards.
P&D will conduct the peak hour signal warrant analysis for Lawson Way at Memory Lane to determine
if traffic signals are warranted at these locations for existing and future conditions. The signal warrant
analysis will be conducted using the methodology described in the California Manual on Uniform
Traffic Control Devices (CA MUTCD).
Mitigation Measures (If Necessary)
As appropriate, mitigations measures designed to reduce potential circulation impacts to acceptable
levels will be identified. Evaluation of potential mitigation measures and an analysis of their
effectiveness will be provided. The analysis may include schematic drawings of impacts and proposed
intersection layouts.
Page 5
Pedro Guillen
March 8, 2007
Site -Specific Traffic Analysis
Analysis of the following site -specific, traffic -related items will be included in the traffic analysis, unless
it is determined in consultation with the City of Santa Ana that an item is not required.
• General project access assessment.
• Geometric configuration/striping.
• On -street parking impacts.
• Parking structure operations.
• Delivery truck access.
• Neighborhood impacts.
• Pedestrian circulation.
Report Preparation
P&D will prepare three hard copies of the Draft Traffic Study. The Draft Traffic Study will be revised
(as appropriate) per City comments and three hard copies of the Final Traffic Study will be submitted.
Sewer Study
Metcalf & Eddy (M&E) wilt prepare a sewer study for the EIR that will include the following:
Assumptions
• Prior work by the M&E main sewer modeler on the Orange County Sanitation District (OCSD)
Strategic Plan Update J-101 establishes M&E's understanding of the complex nature of the
OCSD collection system.
o The main assumption for this study is that M&E will have access to OCSD's Info.
Works Model to facilitate the current and future scenario analysis.
o If the OCSD Info. Works Model is not provided, significant model -built and calibration
will be required to provide an adequate basis for analysis. M&E does not expect that
OCSD will provide a model of the entire system, rather the ability to view the entire
system in order to prune out the extent necessary to perform the analysis.
• OCSD operates many diversion structures which can route flows through their system in many
ways. The model extent will be determined such that normal operating conditions can be
simulated with the use of an inflow file at the pruned edges of the model. It cannot be expected
that the inflow files will include all of the possible upstream flow conditions.
Project Management
This task consists of drafting internal schedule and work plans, client meetings and progress reports,
and quality assurance/quality control measures.
Data Acquisition
M&E will gather and review available background data on the OCSD collection system as well as
member agency systems affected by the proposal. OCSD and member agency master plans, county
and member agency land use and general plan data and reports will be needed. If the OCSD model
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Pedro Guillen
March 8, 2007
is not provided, physical system data will be required to build the model. It is assumed that the data is
readily available and the district will assist with gathering the data.
Flow Generation
If the OCSD model is provided, M&E will review current (2005) and future model population,
employment, and commercial flow inputs and update them where they do not match current and future
conditions. Average and peak day dry weather flows, unit flow factors, and demand patterns will be
established for current and future conditions based on the OCSD model and member agency data
provided. Average and peak day wet weather flows will be based on the OCSD model or other master
plan data. M&E will develop flow scenarios to match current conditions without the proposed project,
current conditions with the proposed project; 2010 conditions with the proposed project; and
2030/Buildout conditions with the proposed project.
Model Build
If the OCSD model is provided, this task is considerably easier and only involves determining the
model extent necessary. If no OCSD model is provided, this task involves building a model with pipes,
manholes, and sewersheds that cover the member agency and OCSD sewers based on the
determined model extent.
Capacity Evaluation
M&E will perform capacity simulations with the updated Info. Works model for the following 4-6 main
scenarios (a total of 8-10 with wet weather runs):
• Current conditions without proposed City Place Sky Lofts development (2006-2007). Current
conditions with proposed City Place Sky Lofts development (2006-2007).
• Future conditions without proposed City Place Sky Lofts development (2010, and possibly 2030).
• Future conditions with proposed City Place Sky Lofts development (2010, and possibly 2030).
Present EIR Impact
A full analysis of the impacts to the OCSD and member agency sewers will be performed. The results
of the analysis will be conveyed with text, tables, graphs, figures, and maps. The deliverable of this
task will be a memorandum or short report.
It should be noted that if assumptions above hold true, it is anticipated that the study can be
completed within 30 to 45 calendar days from the notice to proceed. If assumptions do not hold true,
M&E anticipates the study will require 45 to 60 days to complete.
Water Assessment (Not Included)
A water assessment is not included in the scope of work, as P&D's review of Senate Bill (SB) 221 and
SB 610 indicates that they would not apply to the Sky Lofts Project.
Shade -Shadow Analysis
P&D will conduct a shade -shadow analysis of the Sky Lofts Project building. Figures will be prepared
with computer software that will show the shadow patterns cast by the building during summer and
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Pedro Guillen
March 8, 2007
winter seasons. Shade -sensitive receptors, generally residential uses, that would be affected by the
shadow will be identified, and the impacts of the cast shadow will be described in text.
Analysis of Airport and Federal Aviation Administration (FAA) Requirements
The project will be reviewed with respect to Federal Aviation Regulations (FAR) Part 77, Objects
Affecting Navigable Airspace and the County Airport Land Use Plan. With respect to Part 77 the
assessment will indicate if the object is considered an obstruction under Part 77 and if it will be
necessary to submit FAA Form 7460, Notice of Construction or Alteration. If it is found the submittal of
Form 7460 is required, general information on the process and likely timelines will be provided.
Task 2.0 Prepare Notice of Preparation/initial Study
P&D will prepare a Notice of Preparation (NOP) in compliance with CEQA Guidelines using the City's
standard form. The NOP will include a description of the Sky Lofts Project and a brief discussion of
the impacts that may result. In addition, P&D will prepare an Initial Study (IS) to identify potential
impacts and to inform public agencies and the general public as to the environmental parameters that
will be evaluated in detail in the EIR. All questions marked on the IS Checklist will be explained in an
attachment to the IS. During the IS development, the environmental parameters will be assessed for
project impacts and the need for mitigation. If mitigation is contemplated, it will be identified in the IS
and covered in the EIR. P&D will submit a Draft NOP/IS for review by City staff and will make required
revisions before finalizing the NOP/IS. The NOP/IS will be sent to the State Clearinghouse, all
responsible and trustee agencies, federal cooperating agencies, and other interested parties by
certified mail. The NOP/IS will be fled with the County Clerk by P&D. An NOP/IS distribution list
provided by City staff will be used. Comments received on the NOP/IS will be addressed in the EIR
Task Deliverables
• Prepare Draft NOP/IS for review and comment by City staff (electronic submittal).
• Revise Draft NOPAS based on City comments and submit for final review and approval by City
staff (electronic submittal).
• Prepare Final NOP/IS, based on comments on the revised draft, for public distribution (one
electronic copy and 30 hard copies).
• Distribute 15 copies of the NOP/IS to the State Clearinghouse.
• Distribute 15 copies of the NOP/IS as directed by the City.
• File the NOP/IS with the County Clerk.
Task 3.0 Public Scoping Meeting
Although CEQA does not normally require scoping meetings, a scoping meeting was held for the City
Place Project, and the City may want to hold a public scoping meeting for the Sky Lofts Project to gain
input from residents in order to understand their concerns. Potential concerns of nearby residents
related to the 29-story Sky Lofts Project may be different than concerns related to the original City
Place Project. For this proposal, P&D has budgeted one scoping meeting, which we recommend be
held during the NOPPS comment period. It is recommended that the scoping meeting be held during
the NOP comment period, so residents have a chance to review the NOP/IS and then provide
comments or concerns. P&D will assist the City in organizing the scoping meeting (public meeting
notices, agendas, and other scoping meeting related materials).
P&D will attend the scoping meeting, prepare a PowerPoint Presentation slideshow, and compile and
summarize all contact information and comments.
Page 8
Pedro Guillen
March 8, 2007
Task Deliverables
1. Draft and final notice of scoping meeting (electronic submittals).
2. Draft and final: one page scoping meeting agenda in electronic form for review/comment and in
hard copy for the meeting (30 copies for meeting); sign-up sheet format in electronic form for
review/comment and in hard copy for the meeting (one page; 10 copies for meeting): form for
submitting written comments in electronic form for review/comment and in hard copy for the
meeting (one page; 30 copies for meeting).
3. Draft and final PowerPoint Presentation.
4 Draft and final summary of comments made at the scoping meeting.
Task 4.0 Screencheck Draft EIR
P&D will prepare a Screencheck Draft EIR that meets the requirements of CEQA. The various
analyses and information from technical reports will be compiled into a single coherent EIR and will be
carefully reviewed for content and consistency by P&D's Technical Oversight Manager and the EIR
Project Manager, The Screencheck DER will contain the information outlined in the following
sections:
4.1 Executive Summary of Impacts and Mitigation Measures
This section will contain a brief summary of the proposed project and its consequences. The summary
will include significant effects, mitigation measures, proposed alternatives, and unavoidable adverse
impacts.
4.2 Introduction
This section will contain an overview of the CEQA process, including the statutory requirements for
preparing an EIR and the City's role in processing the EIR. This section will also include a summary of
the comments/letters received during the NOPAS 30-day public review period and the reasons for
preparing an EIR.
4.3 Project Description
This section will contain the following information:
• A regional map of the project site. Site plans of the City Place Project and the Sky Lofts Project,
as provided by the applicant, will be included in the project description.
• A list of permits and other approvals required to implement the project and related environmental
review under federal and state laws, regulations or policies.
• A description of the project's technical and environmental characteristics.
• A clearly written statement of project objectives which will assist the client in developing
reasonable alternatives to be evaluated in the EIR, as stated in Section 15124(d) of the CEQA
Guidelines.
• A statement briefly describing the intended use of the EIR.
• A list of responsible and/or trustee agencies expected to use the EIR in their decision -making.
4.4 Environmental Setting, Environmental Impacts, and Mitigation Measures
This section will contain a description of the physical environment conditions (existing conditions) in
the vicinity of the proposed project, as they exist at the time the NOP11S is circulated/filed. This
description will constitute the baseline physical conditions which will be used to determine whether an
Page 9
Pedro Guillen
March 8, 2007
impact is considered significant. In addition, this section will include regulatory policies and programs
that apply to this project, impact criteria (thresholds), potential environmental impacts, appropriate
mitigation measures, and the level of significance after mitigation is implemented. P&D anticipates
that the following environmental parameters will be analyzed in the EIR:
• Aesthetics, Light and Glare.
• Air Quality.
• Geology, Soils and Seismicity.
• Hazards and Hazardous Materials.
• Hydrology and Water Quality.
• Land Use and Planning.
• Noise.
• Public Services.
• Recreation.
• Transportation and Circulation.
• Utilities and Service Systems.
4.6 Effects Found Not to be Significant
This section will contain a discussion indicating the reasons why various effects of the proposed
project were determined not to be considered significant.
4.6 Cumulative Impacts
This section will discuss the cumulative impacts that would be created by construction and operation
of the project. P&D will consult with the City concerning methods best used to address cumulative
projects (e.g., list approach, General Plan buildout, etc.) and corresponding impacts.
4.7 Alternatives
This section of the EIR will address alternatives that would attain most of the project's basic objectives
and lessen significant impacts resulting from the proposed project. The alternatives will be developed
through the documentation process in cooperation with the City. P&D assumes that at least three (3)
alternatives will be discussed, including the No Project and two build alternatives.
4.8 Growth -Inducing Impacts
This section will discuss the growth -inducing impacts that could be created by the approval of the
proposed project.
4.9 Unavoidable Adverse Impacts
This section will discuss the significant unavoidable adverse impacts that will be created by
construction and operation of the proposed project.
4.10 Significant Irreversible Environmental Changes
This section will discuss significant adverse irreversible environmental changes that would be caused
by implementation of the proposed project. In addition, irretrievable commitments of resources will be
discussed.
Page 10
Pedro Guillen
March 8, 2007
4.11 List of Preparers
This section will include a list of personnel and consultants who were primarily responsible for
preparing the EIR or performing environmental studies.
Task Deliverables
• Submit 15 hard copies of the first Screencheck DEIR for City review.
• Submit 15 hard copies of the second Screencheck DEIR to the City with revisions from comments
received on first Screencheck DEIR.
• Address and incorporate pertinent comments and submit a final copy of the Screencheck DEIR
called a Print Check EIR to the City forfinal review prior to the publication of the DEIR.
• Incorporate any comments on the Print Check DEIR into the document by P&D and the DEIR at
that point will be ready for publishing for public review.
Task 5.0 Prepare Notice of Availability and the Notice of Completion and Print DEIR
P&D will prepare the Notice of Availability (NOA) and the Notice of Completion (NOC) in compliance
with the CEQA. The City will be sent these notices for review and approval before they are finalized
by P&D. A total of 30 hard copies of the DEIR will be printed and distributed, with the notices to the
responsible and trustee agencies, federal cooperating agencies and other interested parties identified
on the distribution list provided by the City. P&D will also create 30 CDs of the DEIR and make them
available for distribution. It should be noted that 15 of the CDs will be sent to the State Clearinghouse,
along with 15 copies of the Executive Summary.
Task Deliverables
• Prepare NOA and NOC.
• Print 15 copies of the Executive Summary along with 15 CDs of the DEIR, and overnight mail
them to the State Clearinghouse (include the NOC and 15 copies of the NOA).
• Print 65 hard copies of the NOA.
Mail out copies of the NOA as directed by the City.
• Print 30 hard copies of the DEIR and 15 copies of the DEIR on CD and distribute as directed by
the City.
• File the NOA with County Clerk and publish the NOA in the Orange County Register.
Task 6.0 Prepare Response to Comments Received on the DEIR
P&D and City staff will jointly review comments received during the 45-day public review period of the
DEIR. P&D will prepare draft written responses to appropriate comments received on the DEIR that
focus on the adequacy of the DEIR, as required by CEQA. P&D will integrate all the responses into
the Draft RTC Report and submit the RTC for City staff review. P&D will incorporate City comments
into the final RTC Report.
It should be noted that our cost estimate does not include the receipt of detailed/extensive or
voluminous comments from attorneys or special interest groups. Should an extensive number of
comments be received, these comments will be discussed with the City and appropriate scope
expansion will be made prior to beginning preparation of responses.
Page 11
Pedro GuillBn
March 8, 2007
Task Deliverables
• Provide the City with one electronic copy Draft RTC and five hard copies containing the following
o Overview/Explanation of RTC document.
c Bracketed comment letters organized by type of originator
o Corresponding responses to bracketed comment letters.
• Incorporate all revisions to the Draft RTC and submit a revised Draft RTC in electronic format to
the City.
• Incorporate revisions and comments on second Draft RTC and finalize the RTC.
• Produce 20 hard copies of the RTC.
• Send a copy of the RTC via receipt verification mail to each public agency which commented on
the DEIR in a manner by which it will be received at least 10 days prior to certification of the Final
EIR.
Task 7.0 Final EIR
7.1 Preparation of the Final EIR
P&D will prepare a Final EIR that contains a list of commentors, comment letters and responses to
comments, as well as any other pertinent information for the project record, such as any corrections,
by reference, to the DEIR. Any revised mitigation measures or addenda to the DEIR, which may be
solicited through public review or required by the City, will be incorporated by P&D into a revised DEIR
text.
Task Deliverables
• Compile and deliver 30 hard copies and 30 CD's of the Final EIR, consisting of the elements
identified below:
o DEIR.
o RTC.
o Mitigation Monitoring and Reporting Program (MMRP) as described under Task 7.2.
o Clarifications, if necessary.
o Statement of Facts and Finding/Statement of Overriding Considerations as described
under Task 7.3.
o Any other attachments identified by the City
o It is assumed that City staff will prepare the staff reports and resolutions for the
Planning Commission and City Council.
7.2 Mitigation and Monitoring Program
P&D will prepare the MMRP based on the analysis conducted in the EIR. The MMRP will be
presented for adoption at the time of the CEQA Facts and Findings. A draft MMRP will be prepared,
per City direction, during preparation of the DEIR. The Final MMRP will be prepared concurrently with
the preparation of the Final EIR and the RTC. The MMRP will be designed to ensure compliance with
adopted mitigation requirements during project implementation. In coordination with City staff, P&D
will prepare the MMRP for mitigation measures that address significant adverse project impacts or are
adopted as conditions of approval.
Page 12
Pedro Guillen
March 8, 2007
Task Deliverables
• Submit an electronic copy of the MMRP to the City for review.
• Incorporate the identified changes and finalize the MMRP for submittal with Proposed Final EIR,
7.3 Statement of Facts and Findings and Statement of Overriding Considerations
P&D will prepare the Statement of Facts and Findings (F/F) in support of findings describing each of
the significant impacts identified by the EIR and whether those impacts would be reduced to below a
level of significance by implementation of the proposed mitigation measures. In addition, P&D will
prepare the Statement of Overriding Considerations (SOC) for any unavoidable adverse impacts
identified in the Final EIR.
Task Deliverables
• Submit an electronic copy of the F/F and SOC to the City for review.
• Incorporate the identified changes and finalize F/F and SOC for submittal with Proposed Final
EIR.
Task 8.0 Certify Final EIR and Notice of Determination
P&D will prepare and file a Notice of Determination (NOD) vvith the State Clearinghouse in compliance
with CEQA (within five days of Final EIR certification). P&D will also file the NOD with the County
Clerk. At the time the NOD is filed, P&D will also complete the California Department of Fish and
Game (CDFG)'s No Effect on Fish and Wildlife form, which provides a filing fee exemption of $2,500
(due to no biological resources impacts). However, if CDFG does not concur with the No Effect on
Fish and Wildlife finding, a filing fee of $2,500 will be required.
Task Deliverables
• Submit an electronic copy of the NOD and the CDFG's No Effect on Fish and Wildlife form to the
City for review.
• Incorporate the identified changes and finalize the NOD and the CDFG's No Effect on Fish and
Wildlife form prior to filing with the County Clerk.
• File the NOD and the CDFG's No Effect on Fish and Wildlife form.
Task 9.0 Meetings/Public Hearings
The Project Manager and staff will attend a total of seven meetings with City staff related to this
project, including three Planning Commission meetings and one City Council Hearing. P&D will take
minutes of the public comments at the DER Public Testimonial Hearing during the City Council
Hearing and will summarize the comments. The Project Manager will also attend up to five requested
meetings with the applicant to discuss the environmental document. P&D's Project Manager is
available to attend as many additional meetings necessary as determined by the City on a time and
materials basis.
Task 10.0 Project Management and Coordination
The Principal in charge of the EIR will be Michael Benner, a Vice President and Director of P&D's
Environmental Practice, who has been providing environmental documentation services for 31 years.
The Project Manager will be Anne Pietro, who has 13 years of progressive CEQA documentation
experience. P&D's Project Manager will serve as the main contact with City staff on preparation of the
Page 13
Pedro Guillen
March 8, 2007
EIR. The Project Manager will also interface with City, applicant, and all P&D subconsultants on the
preparation of the EIR. The Project Manager will be responsible for scheduling, assignments, budget
control and invoicing, coordination and communication with the City, project deliverables, preparation
of status reports and other related project management activities. These activities will be billed by
P&D based on actual labor and other expenditures in each billing period.
Project Schedule
The attached project schedule illustrates P&D's estimated schedule for completion of the EIR,
apportioned by task and subtasks based on the scope of work. P&D will deliver a memorandum to the
City identifying data needs to initiate work on the EIR. The schedule is dependent upon receiving this
data and the notice to proceed in a timely fashion.
Project Fee Estimate
P&D's proposed budget for the project is attached.
Fee Schedule
P&D's fee schedule is also attached.
We appreciate the opportunity to provide our services to the City of Santa Ana. Should you have any
questions, please contact me at (714) 648-2013.
Respectfully submitted,
Anne Pietro
Senior Project Manager
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SCHEDULE OF FEES
P&D ENVIRONMENTAL SERVICES
HOURLY LABOR RATES
PRINCIPALS:
TRANSPORTATION PLANNERS:
PRINCIPAL -IN -CHARGE
$192
- $218
PROJECT TRANSP PLANNER
$161 -
$182
SR. TRANSP PLANNER
$140 -
$161
PROJECT MANAGERS:
TRANSP PLANNER
$120 -
$14D
PROJECT MANAGER
$151
- $172
TRANSP. SYSTEM ANALYST
$99
- $120
TRANSP. TECHNICIAN
$78
- $99
ENVIRONMENTAL PLANNERS
SR. ENV PLANNER
$120
- $140
ECONOMISTS:
ENV. PLANNER
$99
- $120
SR. ECONOMIST
$172
- $192
SR. RESEARCHER
$88
- $109
ECONOMIST
$130
- $161
RESEARCHER
$78
- $94
ECONOMIC ANALYST
$99
- $130
TECHNICIAN
$57
- $78
LANDSCAPE ARCHITECTS:
ENVIRONMENTAL ENGINEERS:
PROJECT LANDSCAPE ARCHITECT
$140
- $161
PROJECT ENGINEER
$161
- $182
SR. LAND ARCHITECT
$109
- $130
SR. ENGINEER
$140
- $161
LANDSCAPE ARCHITECT
$88
- $109
ENGINEER
$99
- $120
LANDSCAPE DESIGNER
$68
- $88
GIB PROJECT MANAGER
$109
- $130
SCIENTISTS:
SR. CADDIGIS OPERATOR
$88
- S109
SENIOR TOXICOLOGIST
$161
- $184
CADD/GIS OPERATOR
$68
$88
SENIOR SCIENTIST
$140
- $161
SENIOR ENV SCIENTIST
$109
- $130
SENIOR GEOLOGIST
$120
- $140
GRAPHICS
PROJECT SCIENTIST
$140
- $162
SR. GRAPHICS
$73
- $94
TOXICOLOGIST
$120
- $140
GRAPHICS
$73
- $73
ENVIRONMENTAL SCIENTIST
$88
- $109
GEOLOGIST
$78
- $99
OTHER STAFF
WORD PROCESSING
$62
- $78
URBAN PLANNERS:
ADMIN SUPPORT
$62
- $78
SENIOR URBAN PLANNER
$109
- $130
URBAN PLANNER
$88
- $109
SR. PLANNING TECHNICIAN
$68
- $88
PLANNING TECHNICIAN
$57
- $78
MAPPING TECHNICIAN
$57
- $78
REIMBURSABLE EXPENSES
HANDLING FEE'
15%
VISUAL SIMULATION
$30 !HOUR
MILEAGE
$0.445 /MILE
CADDICOMPUTER TIME
$30/HOUR
REPRODUCTION SINGLE SIDE
$0.10 /COPY
DELIVERIES
$35 /HOUR
REPRODUCTION TWO -SIDE
$0.15 /COPY
REPRODUCTION 1107
$0.30 ]COPY
'INCLUDES REPORT PRINTING/REPRODUCTION, GRAPHIC AIDS, TRAVEL (AIRFARE, MEALS, ETC) FEES BY GOVERNMENT BODIES, COMPUTER
SERVICES, PHOTOGRAPHY, SUBCONTRACT SERVICES, POSTAGE, TELEPHONE. AND DELIVERY
ICCOUNTS ARE DUE AND PAYABLE WITHIN 30 DAYS OF THE DATE OF THE INVOICE. PAST DUE ACCOUNTS WILL HAVE A FINANCE CHARGE OF 1.25!
'ER MONTH COMPOUNDED.
ILL RATES MAY BE SUBJECTED TO CHANGE AT SUCH TIME AS ADJUSTMENTS ARE MADE AS A RESULT OF AGREEMENTS, SALARYADJUSTMENTS,
IND INCREASED BUSINESS EXPENSES
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company Ve,"Pr
This endorsement modifies such insurance as is afforded by the provisions of Policy
# HDO G2372733A 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 Ff ! 6ple-- , this endorsement form as a part of
Policy# Q 1&d?ZZJ 0/¢
Issued to �Ic°' li 4�Z 4&®-Pw
Named Insured
Countersigned by �Aze�v
uthorize Representative
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As;umnt Gity Attar . .
MARSH .,
CER7�FICA7E
INSURANCE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
PRODUCER
Marsh Risk & Insurance Services
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
CA License #0437153
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
777 South Figueroa Street
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Los Angeles, CA 90017
Attn: Lori Bryson (213)-346-5464
COMPANIES AFFORDING COVERAGE
.._._
COMPANY
06510-AECOM-CAS-07-08 P&D JWHIT ORAN
CA
A ACE American Insurance Company
INSURED
COMPANY
P&D CONSULTANTS, INC.
B
999 TOWN & COUNTRY RD., 4TH FL.
COMPANY
ORANGE, CA 92868
A _ 2 OD'-') _p �,
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C Illinois Union Insurance Company
COMPANY
D N/A
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN
HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT
OR OTHER DOCUMENT MATH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN
IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDNY)
POUCY EXPIRATION
DATE (MMIODNY)
LIMITS
(A
GENERAL LIABILITY
"HOO G2372733A"
04/01/07
04/01/08
GENERAL AGGREGATE
$ 2,000,000
X I COMMERCIAL GENERAL LIABILITY
CLAIMS MADE L_J OCCUR
PRODUCTS - COMPIOP AGG
$ 4,000,000
PERSONAL &ADV INJURY
$ 2,000,0DO
EACH OCCURRENCE
$ 2,000,000
.OWNER'S& CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire)
I$ 1,000,000
MED EXP (Any ona rson
$ 5,000
A
AUTOMOBILE
LIABILITY
"ISA H08222939"
04/01/07
04/01/08
COMBINED SINGLE LIMIT
$ 1,000,000
X
ANY AUTO
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
HIRED AUTOS
NON OWNED AUTOS
$
PROPERTY DAMAGE
$
i
GARAGE VASI LITY
AUTO ONLY -EA ACCIDENT
$
OTHER THAN AUTO ONLY
ANY AUTO
I
EACH ACCIDENT
$
AGGREGATE
S
EXCESS UABWTY
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
H
TORY LIMITS ER
EL EACH ACCIDENT
$
THE PROPRIETOR) INCL
PARTNERS/EXECUTIVE --
OFFICERS ARE EXCL
EL DISEASE -POLICY LIMIT
,$
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$
EL DISEASEEACHEMPLOYEE
C
OTHER
EON G21654693002
04/01/07
04/01/08
$1,000,000
ARCHITECTS & ENG.
"'CLAIMS MADE"'
PER CLAIM/AGGREGATE
PROFESSIONAL LIAR.
DEFENSE INCLUDED
DESCRIPTION OF OPERATION$(LOCATION SNEH ICLESISPECIAL ITEMS
RE: ENVIRONMENTAL CONSULTING SERVICES. THE CITY, ITS OFFICERS, EMPLOYEES,VOLUNTEERS AND RESPRESENTATIVES ARE NAMED
AS ADDITIONAL INSUREDS FOR GL COVERAGE, BUT ONLY AS
RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED.
CERTIFICATE- HOLDER. -
` - -
- -.CANCELLATIONii�
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA (M-29)
PO BOX 1988 (
L L
DATE
OW&Y OF THE GIES DESCRIBED HEREIN BCAN
THE INSURER AFFORDING COVERAGE WILLEPE CANCELLED LBEFORE In DAYS WRITTEN HEF NOTCETOHE
CERTIFICATE HOLDER NAMED HEREIN. B(1DiN,Il.YA41Sk1bMYA4CISCX4XN0}IBBkN%RNN1461.IfCNNXIBfkk.XN�%DNti
LramiOc>r%NXxNNanRwYrr7orN+utwE
SANTA ANA, CA 92702-1988
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
RSHUSAINC. IInn ••''
BY: David Denihan �/lfA�.NCIl1/M�iN
-'
AllOT''
VALID AS OF: 04/19/07
DATE (MM/DD/YYYY)
ACORDrM CERTIFICATE OF LIABILITY INSURANCE 4/1/2009 1 4/1/2008
PRODUCER Lockton Companies, LLC-L Los Angeles
19800 MacArthur Blvd., Suite 550
License #OF15767
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
H. THISCA
ALLTLER DETHE COVERAGECATE AFFORDED BYDOESOTHE PPO IAMENDC ES BELOW
Irvine CA 92612
949-252-4400
INSURERS AFFORDING COVERAGE NAIC #
INSURED P&D Consultants, Inc. (CA)
1075642 Attn: Karen Pooler
999 Town & Country Road, 4th Floor
Orange CA 92888
A G �- - 0 7/
A
INSURER A : New Hampshire Insurance Company
23841
INSURER B : Insurance Company of the State of PA
19429
INSURER c
INSURER D
INSURER E :
COVERAGES AECTE01 OE
THE POLICIES OF INSURANCE LISTED BELUW HAvt eirrrl wain-u Iv mC ��w., .�., ..• ,•.� - -- • -•-
DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
HEREIN IS SUBJECT TO 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.
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY)
LIMITS
LTR INSRD
EACH OCCURRENCE
$ X.XX-XXXX
GENERAL LIABILITY
DAMAGE TO RENTED
$ XXXXXXX
COMMERCIAL GENERAL LIABILITY
PREMISES Ea occurence
MED EXP (Any one person)
$ XXXXXXX
CLAIMS MADE OCCUR NOT APPLICABLE
PERSONAL & ADV INJURY
$ XXXXXXX
GENERAL AGGREGATE
$ XXXXXXX
PRODUCTS - COMP/OP AGG
$ XY�X
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO -
POLICY JECT LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$ XXXXXXX
(Ea accident)
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
$ XXXXXXX
(Per person)
SCHEDULED AUTOS
NOT APPLICABLE
HIRED AUTOS
BODILY INJURY
$ XXXXXXX
(Per accident)
NON -OWNED AUTOS
-
PROPERTY DAMAGE
$ XXXXXXX
(Per accident)
AUTO ONLY - EA ACCIDENT
$ XXXXXXX
GARAGE LIABILITY
NOT APPLICABLE
OTHER THAN EA ACC
$ XXXXXXX
ANY AUTO
AUTO ONLY: AGG
$ XXXXXXX
EACH OCCURRENCE
$ XXXXXXX
EXCESSIUMBRELLA LIABILITY
AGGREGATE
$ XXXXXXX
OCCUR � CLAIMS MADE
NOT APPLICABLE
$ XXXXXXX
0-1 UMBRELLA
$ XXXXXXX
DEDUCTIBLE FORM
$ VXXXXXX
RETENTION $
---------�---.-.----.._.._------
WC1929178 (AOS)
.. __.�.r
4/1/2008
4/1/2009
WCSTATU- OTH-
X TOR LIMITS ER
A
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC1929179 (CA)
4/l/2008
4/l/2009
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
1 000 000
$ > >
A
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
WC1929181 (FL)
4/1/2008
4/1/2009
E.L. DISEASE -POLICY LIMIT
$ 1,000, 000
If yes.
No
WC1929182 (OR)
4/1/2008
4/1/2009
A
PROVISIONS
SPECIAL PROVISIONS below
SPECIAL
A OTHER WC1929184(OHWA,WI,WV,WY 4/l/2008 4/l/2009
Statutory Limits - See Above
B Worker's Compensation WC1929183 TXj 4/l/2008 4/1/2009
WC1929180 MA) 4/1/2008 4/l/2009
OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
rDEZ-1RIPTON
b: Environmental Consulting Services
T! �
-Il•A I C nvw�.�
2829870
City of Santa Ana
City Attorney
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702-1988
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
AUTHORIZED
.._ _ -�:--_,:�__._ ___._....._ .......we, r.-.en �.. m,. •a.,,d,,.�or se ion above and s cifv the rli cod AECTEor. c ACORD CORPORATION 1988
MARSH
PRODUCER
Marsh Risk &Insurance Services
CA License #0437153
777 South Figueroa Street
Los Angeles, CA 90017
Attn: Lori Bryson (213)-346-5464
6510-AECOM-CAS-08-09 - P&D
INSURED
P&D CONSULTANTS, INC.
999 TOWN & COUNTRY RD., 4TH FL.
ORANGE, CA 92868
JWHIT ORAN CA
CERTIFICATE OF INSURANCE LO&000418.2-19
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
nnERaewF5 AFFORDING COVERAGE
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
COMPANY
B
COMPANY
C Illinois Union Insurance Company
COMPANY
D NIA
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VIHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - --' '—
�T POLICY EFFECTIVE POLICY EXPIRATION LIMITS
CO TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YY) OATS (MMIPOIVY)
LTR
04/01108 '04/01109 GENERAL AGGREGATE $ 1,000,000
A GENERAL LIABILITY GLO 5965891 DO 1,006,000
PRODUCTS COMP/OP AGG $ _
X COMMERCIAL GENERAL LIABILITY $ 1,000,000
��� PERSONALBADV INJURY_ _
J CLAIMS MADE I.' OCCUR' $ 1,000_,000
EACH OCCURRENCE _
OWNER'S& CONTRACTOR'S PROT FIRE DAMAGE (Any _.lire) $ 1,000,000
ME EXP An ore person) $ 5,000
AUTOMOBILE LIABILITY BAP 5965893 00 04/01/08 04/01�109CGMENoNGLELIMIT $ 1,0D0,OD0
A X ANY AUTO -
BODILY INJURY
ALL OWNED AUTOS (Per person)
P SCHEDULED AUTOS
BODILY INJURY $
r HIRED AUTOS (Per..,,-nt)
NON -OWNED AUTOS —
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY,
H ANY AUTO EACH ACCIDENT $
A11,RFGATF $
EXCESS uAmu I r
AGGREGATE $
UMBRELLA FORM $
OTHER THAN UMFRFI I A FORM -
WORKERSCOMPENSPTIONAND TORY LIMITS ER
EMPLOYERS'UABILITY EL EACH ACCIDENT $ _-_
THE PROPRIETORI EL DISEASE -POLICY LIMIT $_
INCL
PARTNEft51EXECUTiVE EL DISEASE -EACH EMPLOYEE $
OFFICERS ARE EXCL
,HER PER C 000
EON G21654693 002 �04101108 04l01/09 '
C PER LAIMlAGGREGATE
ARCHITECTS & ENG. "'CLAIMS MADE"' DEFENSE INCLUDED
PROFESSIONAL LIAB.
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS ADDITIONAL
FE, CITY
G &DAF SANTA L COVERAGEIS S, BUT ONLYAS RESPECTSWORKNPERFORMED BY OR ON BEHALF EOF THIVES ARE NAMED E NAMED INSURED. INSURED
VOLUNTEES AND SUCHINSURANCE
AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY CERTIFICATE HOLDER & ADDITIONAL INSURED SHALL BE
EXCESS AND NOT CONTRIBUTORY INSURANCE FOR GENERAL LIABILTY COVERAGE. 'see pg.2
CITY OF SANTA ANA
CITY ATTORNEY ,
20 CIVIC CENTER PLAZA (M-29)
P,O. BOX 1988
SANTA ANA, CA 92702-1988
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 'AD DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
. 4L�NBhLn'`YFF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER OF THIS CERTIFICATE
AUTHORIZED REPRESENTATIVE w
Marsh Risk & InSUN1nDE SETVIEYE
eVt mDavid Denihan
VALID AS OF:04/01108
ADDITIONAL INFORMATION
DATE(MMIDDNY)
LOS-000418882-19 04/01/08
MPANIES AFFORDING COVERAGE _ _
PRODUCER
Marsh Risk & Insurance Services
CA License #0437153
777 South Figueroa Street
Los Angeles, CA 90017
Attn, Lori Bryson (213)-346-5464
.. nee nn no P&D JWHIT ORAN CA
INSURED
P&D CONSULTANTS, INC.
999 TOWN & COUNTRY RD., 4TH FL.
ORANGE, CA 92868
COMPANY
E
COMPANY
F
COMPANY
G
COMPANY
H
SEVERABILITY OF INTEREST/CROSS LIABILITY WORDING IS INCLUDED FOR GL & AL COVERAGES.
CITY OF SANTA ANA
CITY ATTORNEY
20 CIVIC CENTER PLAZA (M-29)
P.O BOX 1988
SANTA ANA, CA 92702-1988
Mcnh Rick & Insurcncs Sorvlces /
David Denihan ,I1:50f4 6ta"W440"
1 �
ADDITIONAL INFORMATION
PRODUCER
Marsh Risk & Insurance Services
--
COMPANY
CA License #0437153
E
777 South Figueroa Street
Los Angeles, CA 90017
Attn: Lori Bryson (213)-346-5464
COMPANY
F
06510-AECOM-CAS-08-09 P&D JWHIT ORAN CA
INSURED
COMPANY
P&D CONSULTANTS, INC.
G
999 TOWN & COUNTRY RD., 4TH FL.
ORANGE, CA 92868
COMPANY
H
POLICY NUMBER: GLO 5965891 00
DATE (MMIDDIYY)
LOS-000418882-19 04/01/08
COMPANIES AFFORDING COVERAGE _
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONALIOR DESIGNATED
ORGANIZATION
PERSON
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organizations(s)
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA (M-29) - P O BOX 1988
SANTA ANA, CA 92702-1988
CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES
Information required to complete this Schedule, if not shown above, will be shown in the Declarations
COMMERCIAL GENERAL
20 26 0704
TY
Section II - Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown our acts or omissions le,but the actsonly
o�espect to
liability for bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by y
omissions of those acting on your behalf:
A.In the performance of your ongoing operations; or
B.In connection with your premises owned by or rented to you.
CG 20 26 07 04
CITY OF SANTA ANA
CITY ATTORNEY
20 CIVIC CENTER PLAZA (M-29)
P O. BOX 1988
SANTA ANA, CA 92702-1988
Menh Risk S Insurarca SWWO- -A
David Denihan "AA-1 fatal
MARSH
PRODUCER
Marsh Risk &Insurance Services
CA License #0437153
777 South Figueroa Street
Los Angeles, CA 90017
Attn: Lori Bryson (213)-346-5464
hec,n APrnkn_r.A,4-08-09 P&D
I INSURED
P&D CONSULTANTS, INC.
999 TOWN & COUNTRY RD.. 4TH FL.
ORANGE, CA 92868
CERTIFICATE OF INSURANCE LOS000194947-2;
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIOXTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES "SCRIBED HE
cnMDAMIES AFFORDING COVERAGE
COMPANY
JWHIT ORAN CA A ZURICH AMERICAN INSURANCE COMPANY
COMPANY
B__ ----_
COMPANY
C Illinois Union Insurance Company
COMPANY
D NIA
/ERAGES
DESCRIBED HEREIN HAVE BEEN ISSUED M THE INSURED NAMED HEREIN FOR THE POLICY PERIOD E D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE OTHER DOCUMENT
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR ENT WITH RESPECT TO WHICH THE CERTIFICATE MAY ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICCIES AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
N
TYPE OF INSURANCE POLICY NUMBER
ERAL LIABILITY GLO 596589100
COMMERCIAL GENERAL LIABILITY
',I CLAIMS MADE [X j OCCUR
OWNER'S & CONTRACTOR'S PROT
IA
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE UABIUTY
—1
I ANY AUTO
UMBRELLA FORM
EMPLOYERS'LIABILITY �I
THE PROPRIETORI INCL
PARTNERSIEXECUTIVE H
ARCHITECTS & ENG. "'CLAIMS MADE
PPOFFSSIONAL LIAB.
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDONY) DATE(MM(DDNY)
Ta/01/08 04/01/09
104/01109 �r COMBINED SINGLE LIMIT
BODILY INJURY
,(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
I AUTO ONLY - EA ACCIDE
EL EACH
EL DISEI
LIMITS
$ 2,000,0UU
$ 4,000,000
$ 2,006,000
$ 2,000,000
$ 1,000,000
$ 5,000
$ 1.000,000
--L DISEASE -EACH EMPLOYEE! $
$1,000,000
PER CLAIMIAGGREGATE
DEFENSEINCLUDED
DESCRIPTION OF OPERATIONSILOCATIONSNENICLES(SPECIAL ITEMS
RE. ENVIRONMENTAL CONSULTING SERVICES. THE CITY, ITS OFFI( ;ERS, EMPLOYEES,VOLUNTEERS AND RESPRESENTATIVES ARE NAM
ED
AS ADDITIONAL INSUREDS FOR GL COVERAGE, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED.
7A It: HLILucn
SHOULD MY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF
THE INSURER AFFORDING COVERAGE IMLL Ea1V1N&A'6)IX1AbX MAIL So DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BURxkUUDRXITI4NXA11rNNdLXN%iL.51S X— nxxncwYoawaP
CITY OF SANTA ANA a�EB(nNxNE
20 CIVIC CENTER PLAZA (M-29) 8Yg187vxNXXRX
PO BOX 1988 �xxxwy,>L oxxx�oY�XXXXXxr.�r�Dcxxxxxxxxxx
SANTA ANA, CA 92702-1988
AUTHORIZED REPRESENTATIVE J•'IM Marsh Risk & InSURMa S-11S-- "d0~M
BY: David Denihan I��
MM11(3102) VALID AS OF:04/01/08