HomeMy WebLinkAboutMICHAEL BRANDMAN ASSOCIATESCity of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
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Please complete this form when the attached agre sync longer
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Call 647-5237 if you have any questions.
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AUG 0 6 2007
SANTA ANA PLANNING DEPT
No. �q - a�77 -/&9 was completed on � h-12
and final payment has been made.
Department:
Phone/Ext.:
Signature:
Date:
Revised 07-23-07
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CONSULTANT AGREEMENT
A-2007-163
THIS AGREEMENT, made and entered into this 18"' day of June, 2007 by and between
MICHAEL BRANDMAN ASSOCIATES, 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 services and related technical studies.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall provide environmental study and related technical study services related
to analyses of the California Environmental Quality Act and the National Environmental Policy
Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated
to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and
incorporated by reference to this Agreement. Said services shall be provided at request of the
Executive Director of the Planning and Building Agency, as evidenced by a writing signed by
the Executive Director and the City Attorney.
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 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 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 project budget approved by the Executive Director as set forth in Section 1, above, which
shall be based on the rates and charges identified in Exhibit B. The total sum to be expended
under this Agreement shall be set in the writing authorizing Consultant to perform a specific
project pursuant to 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 on June 30,
2008, unless terminated earlier in accordance with Section 13, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Planning and
Building and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit C upon
execution of this Agreement and shall be approved in form by the City 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, 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 I 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 92702-1998
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building
City of Santa Ana
20 Civic Center Plaza (M-20)
and
P.O. Box 1989
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: MICHAEL BRANDMAN ASSOCIATES
Thomas F. Holm, Principal
220 Commerce, Suite 200
Irvine, CA 92602
Telefacsimile: (714) 508-4100
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. DISCRINIINATION
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:
ATRICT A E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
La a Sheedy
Assistant City Attorney
CITY OF SANTA ANA
OODAVID N. AM
City Manager
MICHAEL BRANDMAN ASSOCIATES
THOMAS F, HOLM, A P
Principal/Dir
ector of Environmental
Services
Tax ID# —I 5 �J� p-o Val
City of Santa Ana
Statement of Qualifications for
Environmental Consultants
Prepared for:
City of Santa Ana
Planning Division
20 Civic Center Plaza M-20
Santa Ana, CA 92701
Attention: Pedro Guillen, Associate Planner
Prepared by:
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
714.508.4100
Michael E. Houlihan, AICP, Manager of Environmental Services
May 21, 2007
0327.0029.Q
EXHIBIT A
EN/IRONME:N ALSERVICEs . PLANNING . NATURALREs0URC.FSMANAGEMEb"
May 21, 2007
Attention: Pedro Guillen
City of Santa Ana Planning Division
20 Civic Center Plaza, M-20
Santa Ana, CA 92701
Subject: Qualifications for Environmental Consultants
Michael Brandman Associates (MBA) appreciates the opportunity to submit qualifications for your
consideration to provide environmental consultant services to the City of Santa Ana.
Preparing legally defensible, technically precise, and objective environmental documents is a challenging
task, and there are many consulting firms from which to choose. What is even more challenging is the
consulting firm's ability to provide excellent service to each client, as dictated by the client's specific needs
and expectations. It is this ability to provide high -quality work in conjunction with outstanding client
service that sets MBA apart.
MBA has demonstrated superior client service and legally adequate environmental documentation for the
City of Santa Ana through our on -call environmental consulting services with the City, as well as through
the preparation of the Sav-On and Live/Work Lofts EIR.
Our strengths are summarized below:
• MBA understands the importance of contracting with an environmental firm that has a solid
background and understanding of CEQA Guidelines. For 25 years, MBA has provided legally
defensible environmental documents to the public and private sector clients. Many of them were
prepared for local cities and agencies.
• With more than 75 professionals in our local Irvine office, MBA's depth and breadth of available
personnel serve as valuable technical and staff resources to the City. We have a fall -service
technical editing, graphics, word processing center, reproduction department, and additional support
staff to assist management and technical staff with documentation needs. MBA is committed to
maintaining the necessary financial, technical, and staff resources for City projects.
• To assure timely project completions, Mr. Michael E. Houlihan, AICP, Manager of Environmental
Services at MBA, will be the City's primary point of contact and Project Manager responsible for
day-to-day project management. Mr. Houlihan has more than 22 years of experience providing
environmental planning services, including environmental document preparation (CEQA/NEPA),
land use compatibility analyses, and assessments of public services and utilities. Mr. Thomas F.
Holm, AICP, Environmental Services Director, with more than 30 years of public agency
experience, fills the role of Project Director to provide overall strategic planning and quality
assurance/quality control.
Bakersfield Fresno Irvine Palm Springs Sacramento San Bernardino San Ramon Santa Cruz
661.334.2755 559.497.0310 714.508,4100 760.322.8847 916.383.0944 909.884.2255 925.830.2733 831.262.1731
www.brandman.com mba@brandman.com
Attention: Pedro Guillen
City of Santa Ana Planning Division
20 Civic Center Plaza, M-20
Santa Ana, CA 92701
May 21, 2007
Page 2
. The MBA Project Team recognizes that to provide legally defensible documents, in the desired
timeframe, the team must be accessible. To ensure projects remain on schedule, this role includes
that our staff be available by phone, e-mail (office and remote), pager/cell phone, and fax, and
available for day and evening meetings. MBA has ongoing and recent experience working with a
number of public agencies on projects that require constant interaction s and local,stakehdens and federal
agencies, as well as public involvement with local community groups
As
requested in the RFP, MBA has listed projects similar to those the City may assign and encourages
u
the City to contact these references to verify our ability to produce high -quality work and provide
excellent client service.
. MBA has assembled a project team to provide a wide -range of high -quality technical work products
that comply with environmental regulations and agency requirements. In addition to MBA's in-
house environmental specialists, MBA has supplemented its team with qualified subcontractors to
provide additional technical consulting services. These qualified subconsultants include (1) Fehr &
Peers/Kaku Associates (traffic), (2) Zeizer-Kling (Geotechnical), (3) VA Consulting (Hydrology),
and (4) Galvin Preservation Associates (Historical Resources). The MBA Project Team looks
forward to working closely with City officials, staff, agencies, the project applicant, legal counsel,
community interest groups, and individuals in the successful completion of documents.
Specifically, MBA is prepared to take responsibility for project initiation and organization, preparation of
all required CEQA/NEPA notices, data compilation, impact assessments, development of thresholds of
mpilation and distribution, preparation of the mitigation
significance and mitigation measures, report co
siderations, legal monitoring and review, responseto
monitoring program and findings/overriding con
public comments, presentations at scoping and public meetings and public hearings, coordination between
City staff, and the MBA Proj ect Team.
MBA is confident that we will be able to provide the environmental services needed by the City of Santa
Ana and meet the objectives of the City of Santa Ana. We look forward to continuing our working
relationship with City staff.
If you have any questions regarding the attached qualifications, please do not hesitate to contact either
Mr. Michael E. Houlihan, AICP, or me at 714.508.4100.
Thank you for your consideration of MBA as a qualified consultant for the City.
Sincerely,
Thomas F. Holm, AICP, Principal/Director of Environmental Services.
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
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H:\a.t(PN-31'DW32T03370019.gD327W-9(Lwver k=.doc
City of Santa Ana
Statement of Qualifications for Environmental Consultants _ Contents
Firm and Personnel Experience
1
Key Service Areas
1
The MBA Approach
3
MBA Personnel
7
Project Experience
14
Project Experience and References
14
Fee Schedule
17
Insurance
18
Appendix A. Resumes
Appendix B. Attachment B Form
®� ii May 21, 2007
City of Santa Ana Firm and Personnel Experience
Statement of Qualifications for Environmental Consultants and Project Experience
Michael Brandman Associates (MBA) is pleased to provide this statement of qualifications for the City
of Santa Ana.
Since 1982, MBA has prepared thousands of environmental resource management and planning
documents for California Environmental Quality Act (CEQA) and National Environmental Policy Act
(NEPA) projects throughout California. We specialize in environmental compliance, planning,
regulatory compliance, cultural and biological resources management, and replanting and restoration
services. Our clients include local land developers, contractors, homebuilders, private- and public -
sector agencies, engineers, financial institutions, law firms, the military, and academic institutions. In
this document, we have provided information about a number of our recent projects in the City of
Santa Ana. However, our full scope of successful similar projects includes many more from our
offices located in Irvine, Bakersfield, Fresno, Palm Springs, Sacramento, San Bernardino, and San
Ramon.
MBA serves clients in the western United States with a staff of over 130 professionals. The MBA
team comprises environmental resource leaders whose skills encompass a vast knowledge of
environmental regulations, laws, and compliance issues complemented by an in-depth, technical
understanding of their individual disciplines. MBA staff is frequently called on for expert testimony, to
be instructors at technical seminars, or to provide leadership at conferences. In addition to an
outstanding staff, MBA as a company stays actively involved in professional associations, legislative
activity, and scientific research forums.
Key Service Areas
MBA's internal structure is focused on the five key service areas discussed below.
Environmental Planning
®
MBA understands the importance of providing our clients with professional, solution -
oriented, cost-effective, and timely service. Our environmental planners have the
technical credibility required for drafting high -quality project documents that meet client
expectations and agency requirements. They can address important environmental topics by
providing the following services:
• CECWNEPA Documentation
• Permit Processing
• Property Site Assessments
• Mitigation Monitoring Programs
• Legislative and Policy Analyses
• Due Diligence Assessment
• Expert Witness Testimony
• Project Review and Processing
• Phase I Environmental Site Assessment
• Air Quality Analysis
• Climate Change Analyses
• Noise Analyses
• Geographical Information Systems
• Hazardous Materials Risk Analyses
• Water Resources Management
• Environmental Documentation
• Site -Specific Community Planning
• Downtown Redevelopment
• Transportation Corridor Analyses
• Wastewater Analyses
Natural Resources Management
Whether surveying for protected species, monitoring construction, or restoring habitat,
MBA has a diverse and experienced group of natural resources management specialists
®HIS 1 May 21, 2007
City of Santa Ana
Statement of Qua]
for Environmental Consultants
Firm and Personnel Experience
to complete the task. We provide project planning and permit facilitation to residential and
commercial developers, resort and golf course sponsors, energy and power suppliers, public
agencies, and the military. Our services include:
• Biological Assessments
• Endangered Species Surveys
• Special -Status Species Surveys
• Mitigation Monitoring
• Habitat Conservation Plans
• Habitat Characterizations, Mapping, and
Impact Analyses
• Mitigation and Restoration Plans
• Construction Mitigation
• Sensitive Species Investigations
• Resource Management Plans
• Multi -Species Habitat Conservation Plans
(MSHCPs)
Cultural Resources Management
MBA's Cultural Resources team assists clients in preserving the prehistoric and historic
cultural heritages of regions undergoing development. Our archaeologists and
paleontologists conduct pre -construction site assessments through literature and archival
record searches, field surveys, and, if necessary, subsequent testing and recovery programs.
Mitigation monitoring of earthmoving construction activities ensures that significant fossils, artifacts,
and ecofacts encountered will be appropriately recorded, collected, curated, and documented in
accordance with federal and State regulations, professional guidelines, and local government
requirements and recommendations. The efforts of our Cultural Resources team ensure that these
nonrenewable resources are saved for future scientific study and public education. Our cultural
resources management services include:
• Documentation and Evaluation of Cultural
Resources under CEQA and Federal
(Section 101) Guidelines
• Archaeological Surveys, Testing, and
Salvage
• Paleontological Surveys and Salvage
• Construction Monitoring
• Architectural Historic Resources
• Site Assessment Prior to Construction
• Literature and Record Searches
• Field Surveys
• Salvage of Fossils, Artifacts, and Ecofacts
• Curation and Documentation
ElRegulatory Compliance
Recent regulatory changes have made the regulatory process highly complex. At MBA,
we are thoroughly familiar with the regulations, the regulatory process, and the regulatory
agencies. MBA's full service professional staff of regulatory specialists will help you
through the process as accurately and efficiently as possible, balancing the need for local
development while protecting the natural environment. We are skilled in identifying critical needs and
developing and implementing plans to overcome potential impediments to success and dedicated to
environmentally sensitive land development practices. Our regulatory compliance services include:
• Wetland Delineations/Permitting
• U.S. Army Corps of Engineers (USACE)
Section 404 Nationwide Permit
Applications
• USACE Section 404(b)(1) Alternatives
Analyses
• California Department of Fish and Game
(CDFG) Section 1601/1603 Agreements
Regional Water Quality Control Board
(RWQCB) Section 401 Water Quality
Certifications
U.S. Fish and Wildlife Service (USFWS)
Sections 7 and 10 Endangered Species
Consultation
Special Area Management Plans
Restoration Planting and Maintenance
MBA provides restoration planting and maintenance for a variety of public and private clients. Our
services include development of implementation -level planting plans and specifications, irrigation
®��N 2 May 21, 2007
City of Santa Ana
Statement of Qua]
Firm and Personnel Experience
as for Environmental Consultants and Project Experience
plans and specifications, planting of riparian habitat, and mitigation monitoring. The list of restoration
and planting services includes:
• Revegetation, Mitigation, Restoration,
and Enhancement Plans
• Park and Open Space Planning
• Urban Forestry Design and Planning
• Native Landscape Design, Planting,
Maintenance, and Success Monitoring
• Conceptual, Construction, and
Presentation Drawings
The MBA Approach
• Soil Amendments and Preparation
Specifications
• Plant Material Specifications
• Golf Course Mitigation
• Habitat Maintenance/Management
• Residential Development Mitigation
For the past 25 years, MBA has been dedicated to serving client needs with a project -specific,
problem -solving approach geared towards meeting project deadlines within the stated budget. MBA
staff uniquely understands the complexities of managing projects with diverse challenges, including
scheduling and logistics, public relations, long-term field efforts, and multifaceted legal and agency
compliance issues.
With a goal of providing a cost-effective, technically sound, and legally defensible product, MBA
emphasizes high levels of client and agency communication as well as concise presentations of
project information in both written and verbal formats. As testimony to MBA's success is the large
number of repeat clients who have relied on MBA's business expertise and professionalism.
General Project Approach/Methodology
MBA's experience in preparing a variety of environmental analyses has proven that the successful
and timely completion of a comprehensive environmental program is dependent on the ability to
employ the following approach:
Substantive and frequent coordination between MBA, the client, MBA's subconsultants, and
other members of the project team
• Thorough integration of multi -disciplinary planning, including environmental, architectural,
engineering, and public relations issues
• Anticipation of controversial environmental issues and development of possible resolution
methodologies early in the environmental process
• Preparation of expert technical analyses with comprehensive integration into a relevant
environmental document
• Senior management review of all work products to ensure technical accuracy, documentation
objectivity, legal defensibility, budget and schedule compliance
• Full use of existing data, previous reports, and research materials to avoid duplication of work
efforts
®UN 3 May 21, 2007
City of Santa Ana Firm and Personnel Experience
Statement of Qualifications for Environmental Consultants and Project Experience
To provide the most efficient and cost-effective project approach, MBA outlines a project -specific
methodology3 clarified by the initial scope of work. This early clarification results in document
objectivity, precise technical analysis, consistent team coordination, quality control, and schedule
responsiveness.
Expert -Level Technical Analysis
MBA's project teams include experts in key environmental fields that provide the technical credibility
to successfully produce the necessary technical studies and finalize a comprehensive environmental
document. Professional technical analyses are essential to ensure the environmental document is
deemed credible, objective, and technically sound in the eyes of the lead agency and the public.
Of equal importance to the technical ability of the team members is their previous experience working
on complex and controversial projects, which ensures that they are capable of producing the highest
quality work product. Key strengths associated with an MBA project team include:
• Established working relationships among team members and experience working with our
clients
• Technical expertise in areas specific to the project
• Ability to assign key management and senior staff immediately upon contract award with the
intent of meeting the client's schedule requirements
Document Coordination
MBA's approach to project management incorporates various avenues for integrating the expertise of
project team members. At project initiation, available documents pertaining to each project are
catalogued, and a memorandum identifying the titles of these documents, as well as a brief
description of the document's contents, is distributed to the project team. Requests for documents
are coordinated through MBA, thereby eliminating redundant reproduction efforts while allowing team
members access to existing information.
Accessibility of Staff
MBA understands the importance of having the Project Director, Project Manager, and assigned
subcontractors available to respond to client questions, devise project -related strategies, and
exchange information. To facilitate this objective, the client is given the Project Managers contact
information, including telephone and fax number, e-mail address, and cellular telephone number, in
addition to the office contact information. The office receptionist is informed daily of the location of
project staff and alternative methods of contact if there is a need for immediate client communication.
In addition, MBA commits all assigned team members to a project to be available throughout the
anticipated project period.
Although MBA's office is closed every other Friday, in observance of our 9/80 work week, the Project
Manager, Michael Houlihan is normally in the office; if not, he is available by e-mail and cell phone. If
deliverables are required on a scheduled day off, MBA requests staff to come into the office to
complete the necessary tasks.
Team Coordination and Organization
MBA assembles project teams that provide a wide range of high -quality technical services combined
with timely, cost-effective projects that meet environmental regulations and agency requirements.
The selection of team members, both in-house staff and subconsultants, is typically based on four
key factors:
1. Technical expertise in issue areas of particular concern to the client
2. Prior experience with similar projects in similar locations
3. Ability to comply with schedule constraints
Simms 4 May 21, 2007
City of Santa Ana
Statement of Qua
Firm and Personnel Experience
for Environmental Consultants and Project Experience
4. A demonstrated ability to effectively communicate and present technical information to the
public
MBA routinely conducts weekly teleconference meetings with project team members, which ensures
an effective exchange of information that leads to an integrated, high -quality, and time -efficient
environmental document. As the need for project meetings arise (e.g., kick-off, scoping, or planning
commission meetings), MBA coordinates the attendance of necessary project team members.
Furthermore, at a minimum, the project team conducts weekly teleconference calls with the client to
ensure a "no surprises' approach to preparing environmental documents and requested technical
studies. MBA will consolidate the MBA project team meetings with client meetings (via conference
call), if requested by the client.
Quality Control
MBA's system of quality control entails far more than document review prior to submittal. It includes
the coordination and quality control of each step involved in preparing the technical studies and
environmental documents. Project team members are provided with a copy of the agreed -upon
scope of work, which allows a unified understanding of the required work products, the content of the
work products, and the prevailing schedule/budget constraints. The MBA Project Director and Project
Manager will coordinate activities related to quality control/quality assurance, including a final read -
through of the document to ensure legal defensibility, technical accuracy, and objectivity by a senior
staff member expert in the required discipline. In addition, all technical data is reviewed to ensure
that it is accurately and precisely incorporated into the environmental analyses, a consistency check
is completed to ensure that significance thresholds are applied accurately and consistently within
each topical section, and impacts and conclusions are consistently stated in individual sections.
Editorial staff will be assigned to conduct a comprehensive and detailed read -through of the
document to ensure readability, grammatical accuracy, and formatting/graphic appearance,
Financial Tracking Resources
MBA Project Managers are responsible for project cost management with support from MBA's
internal job -cost accounting system. Job -cost accounting procedures foster effective budget control
by supplying data on costs incurred, which can be broken down into any level of subcategories
desired. These procedures provide project management with useful tools for tracking and controlling
project costs and project efficiency, as well as other valuable information concerning methods and
efficiency. One of the primary functions of the job -cost accounting system is to assemble and
interpret actual cost data for managing current operations and planning future budgets. Using the
immediate feedback on the job -cost status, management can take timely action to contain job costs,
as necessary. To control project costs, a budget is first established that reflects the scope of work
prepared for the project. The Project Manager is responsible for maintaining the budget and tracking
labor and other costs. Billing invoices, generated monthly, are reviewed and approved by the Project
Director prior to being forwarded to the client. The invoices can detail charges sorted by employee,
activity, billing period, or in a summary format that meets client needs.
Organizational, Technical, and Editorial Procedures
MBA's experience in preparing or reviewing a variety of environmental analyses and technical reports
has proven that the successful and timely completion of a comprehensive program is heavily
dependent upon the ability of a consultant to employ the following general approaches:
• Substantive and frequent coordination between MBA, the client, MBA's subconsultants (if any),
and any other identified members of a project team
• Thorough integration of a multi -disciplinary planning, biological, architecture, engineering, and
management team.
• Anticipation of controversial environmental issues and development of potential resolution
methodologies early in the planning process
• Preparation of expert -level technical analyses, development of appropriate methodologies, and
integration into relevant biological documentation with sufficient detail
®® 5 May 21, 2007
City of Santa Ana
Statement of Qua
for Environmental Consultants
Firm and Personnel Experience
. Provision of senior management review of all work products to ensure technical accuracy,
documentation objectivity, legal defensibility, and budget and schedule compliance
. Full use of existing data, past reports, and research materials necessary to avoid duplication of
work efforts
However, the specific methodology for any project determines the overall efficiency of the program.
MBA outlines a project -specific methodology, further clarified by the scope of work, which provides for
document objectivity, expert -level technical analysis, team coordination, quality control, staff
accessibility, and schedule responsiveness.
Expert -Level Technical Analysis
MBA's project teams are intentionally composed of experts in key environmental fields to provide the
technical credibility necessary to successfully produce and/or review all technical reports and
finalize/process the required document. Professional -caliber technical analyses are essential to
ensure the document is deemed credible, objective, and technically precise in the eyes of the lead
agency and the public.
Of equal importance to the technical ability of all team members, every project participant has worked
on complex and controversial projects and, therefore, is willing and able to provide the commitment
necessary to produce the highest quality work product. Key strengths typically associated with an
MBA project team include:
. Previous working relationships among team members; current or recent experience working
with their clients
• Technical expertise in all issue areas that may need to be addressed, coupled with the ability
to identify project/cumulative impacts in light of CEQA/NEPA requirements, thresholds of
significance, and development of enforceable mitigation measures
• Ability to assign key management and senior staff immediately upon contract award and ability
to meet the client's schedule requirements
Information Services Management
MBA's technical and corporate operations are supported by fully automated data processing and
management facilities. Anchoring these facilities is an information systems network with advanced
architecture and functionality. MBA uses sophisticated applications, including database,
scientific/engineering, and air quality monitoring programs. These resources are further enhanced by
MBA's extensive library of business, relational database, file management, budgeting, project
tracking, and word processing software, including all current Windows, ArcGIS, and AutoCAD
applications. Maintaining in-house Geographic Information System (GIS) services allows MBA to
provide our clients with a cost-effective alternative to the costly delays inherent in out -sourced GIS
support.
Report Production and Graphics Capabilities
MBA's corporate report production facilities contain a Publications Department, including word
processing, editorial, graphics, and reprographics staff. MBA's production staff uses industry -
standard versions of Windows and Microsoft Office (Word, Excel, Access, and PowerPoint). The
Graphics Department is staffed with highly skilled graphic designers who produce computer -
generated cartography, artwork, and other graphics. Our graphic designers are able to generate
artwork in illustration, slides, and page layout using Adobe Illustrator, Adobe Photoshop, and Corel
Draw. To complement our high-tech electronic publishing system, the Graphics Department provides
traditional full -service production art capabilities for oversize maps, brochures, and landscape design,
as well as producing in-house, high -quality color printing. These facilities, computers, and capabilities
are used to produce all project graphics. MBA also maintains a complete, in-house Reprographics
Department using Oce systems, a variety of automated binding options, photo -quality color printing,
and laminating for professional in-house report production, and a mass duplicator for CD production.
MEN 6 May 21, 2007
Elba
City of Santa Ana Firm and Personnel Experience
Statement of Qualifications for Environmental Consultants and Project Experience
Highly trained and dedicated Reprographics and Publications department staff ensure that document
reproduction is closely monitored for compliance to internal and external client protocols.
In -House Resources
Information is the raw material of MBA's work. To ensure the availability of materials, MBA maintains
an in-house reference library to assist project staff. The main corporate library holds thousands of
titles cataloged on a microcomputer database. This arrangement allows staff to quickly search for
information by subject, title, title words, geographic location, report number, and other parameters. In
addition to general references and standard texts, numerous government reports and hard -to -find
local planning documents are in the collection, including examples of environmental impact studies
prepared by MBA and others. The library also receives over 200journals, newsletters, and other
periodicals and maintains updated copies of appropriate regulations.
Compliance with Processing and Legal Requirements
MBA has established an excellent record of legal defensibility for environmental documents. In our
25-year history, 23 projects completed by the firm have been involved in litigation. However, none of
the MBA environmental documents has been found to be inadequate at the conclusion of litigation.
This has included successful defense of projects to the Supreme Court. In most cases, however,
litigation has generally been averted entirely because of MBA's strict adherence to regulatory content
and processing requirements. MBA exercises particular care to ensure that our environmental
documents contain thorough environmental analysis and explicit documentation of all data sources
and research contacts. This approach reduces the potential for successful legal challenge. MBA
staff are highly experienced in conducting environmental documentation for litigation -sensitive
projects and have developed research, documentation, and environmental assessment techniques in
compliance with legal requirements.
As you are aware, over the years the CEQA process has become increasingly litigious as projects
become more complex and environmental resources in California obtain increased protection under
the law. MBA has made efforts to respond to this trend in three very important ways. First, a number
of MBA staff have been involved in working closely with CEQA attorneys in providing expert
testimony for a variety of CEQA projects. Secondly, we have taken strides to retain key staff with
extensive backgrounds in law and the provision of services in the preparation and/or review of the
CEQA process. Lastly, on almost all large-scale projects in which MBA has been involved, the
project applicant or lead agency routinely included special CEQA attorneys as part of a multi -faceted
project team. This required MBA engage in considerable interaction with these attorneys in their
review and development of specific analysis included in the CEQA documents prepared for these
projects.
MBA Personnel
The following provides information on staff in the local Irvine office. MBA also has a full compliment
of resources including natural and cultural resources, regulatory permitting, restoration planting, water
quality, and air quality services in Irvine and throughout the State of California. For this project, MBA
has designated Michael Houlihan, AICP, Manager of Environmental Services, as the City's primary
point of contact.
Michael Brandman Associates
Michael E. Houlihan, AICP Mr. Houlihan has more than twenty-two years of experience preparing
Project Manager/ Aesthetics environmental documentation and performing planning studies in
California. He has managed preparation of various CEQA documents for
Availability: 50% public agencies, schools and universities, small-scale commercial
developments, large research parks, hillside developments, landfills, and
other infrastructure -type facilities. He has managed and prepared a
variety of environmental assessments, ranging from transit improvements
7 May 21, 2007
City of Santa Ana Firm and Personnel Experience
Statement of Qualifications for Environmental Consultants and Project Experience
to General Plan studies, in addition to managing NEPA/CEQA documents
for water -related projects such as conservation and conveyance. His
expertise includes management, preparation, and processing of
environmental documents, land use compatibility analyses, shade and
shadow analyses, traffic/circulation analyses, hydrology and water quality
assessments, and assessments of public services and utility purveyors.
Thomas F. Holm, A1CP Mr. Holm has twenty-nine years of diverse planning and environmental
Project Director experience on a wide variety of environmental, natural resource, and
regulatory compliance projects. He is currently a Principal with the MBA
Availability: 20% Environmental Services Division. He has broad experience in NEPA and
CEQA-related projects throughout Southern and Central California,
including large master -planned communities, major public works and
infrastructure, transportation corridors, water resources and coastal
projects. Examples of his related project experience include serving as
PrincipaVProject Director for the award -winning, 5,400-acre'The
Preserve" Master Plan and Program EIR in Chino; the Technical Review
of the California High Speed Train System Draft EIR/S for the City of
Palmdale; the Ontario New Model Colony Subarea 7 Specific Plan EIR;
the 15,000-acre Rio Mesa Area Plan and Program EIR, Madera County,
CA; various Dairy EIRs in Kern County, CA; the Eastern Transportation
Corridor Route Location Study EIR; and Resource Manager for the
planning, environmental clearance, and entitlement of the 7,200-acre
Aliso Viejo Planned Community in South Orange County, CA. Mr. Holm
holds a Masters Degree in Urban and Regional Planning from the
University of California. A former Planning Commissioner and
Transportation/Traffic Commissioner, he now serves as Legislative
Liaison and Board member for the Orange County Chapter of the
American Planning Association.
Tom Mullen, PE Mr. Mullen has been an environmental and water resource consultant for
Assistant Project Manager both private and public sector clients since 1991. His expertise includes
Engineering/ Water Quality performing water resource assessments, preparation of feasibility
NUNN 8 May 21, 2007
NONE
City of Santa Ana
Statement of Qua]
Firm and Personnel Experience
ins for Environmental Consultants and Project Experience
studies, assessment of water quality requirements, and procuring
Availability: 20% regulatory permits for development projects. He prepared feasibility
studies, master plans, reports on institutional strengthening requirements,
stormwater pollution prevention plans, and water quality management
plans. He also prepared plan and profile drawings of water supply
pipelines and detailed designs of water supply systems using AutoCAD
and Microstation software. Mr. Mullen managed several environmental
and water resource assessments and development projects within the
U.S, as well as in Latin America, the Middle East, and Africa. He is a
registered Professional Engineer in California (No. C70081).
Kenneth J. Lord, Ph.D., RPA Since 1981, Dr. Lord's professional experience has included
Assistant Project Manager/ environmental consulting, cultural resources management, and
Cultural/Bio Resources environmental assessment of major transmission and development
projects. In this capacity, he has managed multi -disciplinary teams
Availability: 20% preparing EISs and EIRs that have been used by the FERC, US Army
Corps of Engineers, and State of California agencies in licensing pipeline
projects in California and the western United States. He has been
involved in management of the construction/environmental compliance
monitoring associated with a variety of development projects. Other
experience includes assignments as project manager or deputy project
manager for State and federal projects. His experience encompasses
the reconnaissance, feasibility, and environmental impact aspects of a
variety of project types. He is knowledgeable about California county
environmental documentation procedures and regulations, as well as
other federal and State environmental laws, regulations, and guidelines.
He prepared and supervised the preparation of EIRs, EISs, and
Biological Assessments in accordance with NEPA and CEQA rules and
regulations.
As Manager of MBA's Natural and Cultural Resources departments, Dr.
Lord oversees the operations and staff responsible for performing all
cultural, historical and paleontological resource studies and fieldwork. He
provides quality assurance and control, and performs the more complex
and sensitive natural resource planning, cultural studies, and related
client services himself.
Emilie L. Johnson, AICP, REA Ms. Johnson has over fifteen years of environmental planning
Land Use Compatibility/
experience in both the public and private sectors. Ms. Johnson has
Hazards and Hazardous
extensive experience in CEQA and NEPA document preparation, Phase I
Materials
Environmental Site Assessments, public hearings and presentations, and
governmental coordination. She has broad experience in CEQA- and
Availability: 25%
NEPA-related projects throughout Southern California, including large
master planned communities, transportation facilities, government
centers, water resources, and coastal projects. She has extensive
experience in long-range planning, resource management studies, waste
management studies, and General Plan Element preparation and
updates.
Kristen M. Garcia
Ms. Garcia is experienced in the preparation of environmental
Land Use Compatibility/
assessments. She has been involved with the preparation of various
AgriculturelMineral
EIRs ranging from a large master planned community to highly
Resources
controversial retail commercial projects. She has also been involved with
small-scale residential as well as industrial projects. Ms. Garcia has
Availability: 40%
conducted land use policy analyses, assessments of public services and
"M 9 May 21, 2007
City of Santa Ana Firm and Personnel Experience
Statement of Qualifications for Environmental Consultants and Project Experience
utilities, population and housing evaluations, and population subgroups.
Elaine Yang Ms. Yang is experienced with preparing environmental documentation for
Public Services and Utilities/ a variety of projects. She has assisted in the preparation of
Recreation environmental evaluations for residential, commercial, industrial, and
mixed use projects. Ms Yang has conducted assessments of public
Availability: 40% services and utilities, reviews of geotechnical and hydrological reports,
and preparation of aesthetic evaluations. She has also assisted in the
preparation of mitigation monitoring and reporting plans and findings of
fact documents. Furthermore, she has assisted in the preparation of an
airport compatibility analysis.
Michael Hendrix Mr. Hendrix has provided services associated with environmental
Air & Noise assessments, and traffic, air quality, and noise analysis since 1999. He
performed extensive research analyzing specific technical studies as they
Availability: 25% relate to CEQA analysis. Mr. Hendrix has a comprehensive knowledge of
air quality modeling and air quality studies to support CEQA documents.
He has successfully coordinated all aspects of a CEQA project from
inception through to the adoption of findings, and he has over thirty years
of experience in CEQA/NEPA document preparation, urban planning,
development entitlement processing, redevelopment, economic
development, public real estate finance, and municipal management.
Cori Wilson
Ms. Wilson has been involved in air quality modeling, geographical
Air & Noise
information systems, and authoring technical documents since 2003. As
an Assistant Project Manager at MBA, she has authored multiple air
Availability: 30%
quality reports, airport compatibility analyses, and assisted with the
preparation of multiple CEQA documents. Ms. Wilson has completed
coursework in air quality, water quality, soil science, environmental
chemistry, ecology, and energy policy. Ms. Wilson's interdisciplinary
education has given her a unique perspective in comprehending
interactions among scientific, social, political, and economical contexts of
environmental issues
Megan Jameson
Ms. Jameson has worked as a qualified Regulatory Analyst since 2004;
Jurisdictional Delineation/
she has successfully negotiated Section 401, 404, and 1602 permits and
Permitting
mitigation requirements for projects located in Orange, Riverside, and
San Bernardino counties. She works closely with clients and regulatory
Availability: 20%
agencies to ensure efficient processing of applications, in order to find
solutions to project developments in riverine and riparian areas with
respect to environmental laws associated with the Federal Clean Water
Act, Porter -Cologne Water Quality Control Act, Federal Endangered
Species Act, and Multiple Species Habitat Conservation Plans such as
the newly-adoptedWestern Riverside County Multiple Species Habitat
Conservation Plan. Ms. Jameson is a board member of the Orange
County Chapter of the Association of Environmental Professionals.
Scott Crawford
Mr. Crawford has obtained experience conducting herpetological,
Biological Resources
mammalian, and avian surveys in Southern California since 1994. He is
experienced in conducting jurisdictional delineation surveys and sensitive
Availability: 30%
plant surveys. Mr. Crawford has a federal permit to conduct surveys for
the California gnatcatcher, Quino checkerspot butterfly, and listed fairy
shrimp species. He also possesses extensive experience in conducting
I
surveys for other sensitive wildlife species including El Segundo blue
I
10 May 21, 2007
City of Santa Ana
Statement of Qua
Firm and Personnel Experience
cations for Environmental Consultants and Project Experience
butterfly, red -legged frog, arroyotoad, Least Bell's vireo, western
spadefoot, western pond turtle and burrowing owl. Mr. Crawford is well
seasoned in GIS (Geographic Information Systems) and vegetation
mapping. In addition to his years of fieldwork, Mr. Crawford is
experienced in preparing biological sections for General Plans, Specific
Plans, and EIRs. He participated in third -party reviews for both cities and
counties. Along with preparing and reviewing written documents, Mr.
Crawford is a practiced technical expert for public hearings, including City
Council Meetings, Planning Commission meetings, and County Board of
Supervisors. Mr. Crawford currently assists in the management of the
natural resource team at MBA.
Michael H. Dice, RPA Mr. Dice, a certified archaeologist, has performed record searches,
Cultural Resources archaeological surveys, archaeological site testing (Phase 2), and data
collection (Phase 3) on private and public lands in the Southwestern
Availability: 30% United States and Southern California since 1986. During his career, he
has authored or co-authored more than 150 CEQA- and/or NEPA-level
documents, including several manuscripts for the National Park Service.
Mr. Dice is a member of the California Historical Society, a Registered
Professional Archaeologist (RPA), and a member of the National Trust for
Historic Preservation.
Galvin Preservation Galvin Preservation Associates Inc. (GPA) is a California Corporation
Associates, Inc. and a Certified woman -owned small business that specializes in historic
Historical Resources preservation planning issues, including —but not limited to —historic resource
inventories and surveys, architectural history and history, developing historic
contexts, conducting studies necessary for compliance with State and federal
cultural resource laws such as Section 106 of the National Historic
Preservation Act and the California Environmental Quality Act (CEQA),
National Register nominations, mitigation on historical resources like Historic
American Building Survey (NABS)/Historic American Engineering Record
(HAER), assisting city planning departments with local landmarks designation,
Certified Local Government (CLG) Applications and historic preservation
ordinances, among other services. GPA is a well -respected fine because of its
consistent quality reports and surveys and the dedicated and motivated staff
who are highly trained in the fields of historic preservation, architectural history,
and history. The firm currently consists of five energetic and friendly
professionals who provide both quality and efficiency to our clients. GPA
principal, Andrea Galvin, has worked for a variety of State agencies as an
architectural historian, including the Office of Historic Preservation, the
Califomia Department of Transportation and the California Department of
Parks and Recreation. Galvin Preservation Associates Inc. was founded as
Galvin & Associates Historic Preservation Planning Company in 2003 and was
incorporated in October, 2005.
PRODUCTS
• Condition Assessment Reports of Historic Properties
• Section 106 Compliance Report
• Certified Local Government Application Processing
• CEQA Cultural Resource Reports
• Due Diligence Reports
• FCC Cell Site -Section 106 Compliance Reports
• Interpretation of Historic Building Code
• HABS/HAER Documentation
• General Research/Development of Historic Context Statements
• Historic Preservation Overlay Zones
• Historic Structures Reports
INNS 11 May 21, 2007
City of Santa Ana Firm and Personnel Experience
Statement of Qualifications for Environmental Consultants and Project Experience
• Local Landmark Applications
• Mills Act Processing
• Main Street Program Processing
• Non -Profit Grant Applications
• National Register Nominations
• Local Ordinance Projects
• Preliminary Architectural Study
• Professional Witness Testimony
• Application of the Secretary of the Interior's Standards
• Historic Resource Inventories/City Surveys of Historic Properties
• Tax Credit Projects
• Training Preparation/Conferences
• Professional Peer Review of Reports
VA Consulting VA Consulting is a full -service consulting engineering firm specializing in
Hydrology the fields of water resources engineering, public works engineering,
transportation engineering, land development engineering, and land
surveying. The firm was founded in 1973 and has offices in Irvine,
Corona, and Rancho Mirage, California.
For over 30 years, VA has been providing high -quality services to private
and public sector clients throughout Southern California. This work has
benefited from the synergy within a multi -disciplinary firm that combines
the diverse talents and experience of its staff to achieve client goals.
VA's success in this approach is reflected in its repeat business rate of
over 75 percent.
VA's staff consists of over 90 professional civil engineers, traffic
engineers, planners, designers, CADD technicians, mapping
technicians, land surveyors, and administrative staff members who
satisfy a broad range of expertise needed for creative solutions to
complex problems. Its staff, coupled with the application of the latest
technical solutions, has helped VA accumulate an impressive record of
accomplishment in the fields of:
Water Resources
Drainage, Flood Control & Water Quality
Water Distribution and Pump Systems
Watershed Management/Flood Routing
Infiltration and Detention Basins
Water Quality Wetlands
Sewer Collection Systems
Water Reservoir and Tank Design
Reclaimed Water Systems
Surveying
Photogrammetric Control Surveys
Topographical Surveys and Mapping
Property Boundary and ALTA Surveys
Records of Survey and Monumentation
Global Positioning
3-D Laser Scanning
Construction Staking
Transportation
Transportation and Traffic Engineering
Project Feasibility & Concept Assessment
Street and Highway Design
Traffic Signal, Striping and Signing Design
12 may 21, 2uu'i
City of Santa Ana
Firm and Personnel Experience
for Environmental Consultants and Project Experience
Pavement Rehabilitation Design
Retaining and Sound Wall Design
Land Development
Master Planning
Entitlement Processing
General and Specific
Tract Maps
Grading, Drainage and Water Quality
Infrastructure Design
VA provides each project with professionals experienced in the required
specialty who will seek out their client's wants and needs for the project.
VA's employees strive to produce the level of engineering analysis that will
meet the project's objectives, provide innovative solutions and alternatives,
comply with agency review and approval requirements, and support a
problem -free implementation of the project.
Zeizer-Kling Consultants, Inc. Zeiser-Kling Consultants, Inc. (ZKCI) is a full service consulting firm in
Geotech Engineering the fields of geotechnical engineering and geology. From its inception in
1986, ZKCI has been committed to providing consulting services of the
highest quality. ZKCI has earned the reputation for being the "trusted
name" in geotechnical consulting from its commitment to integrity, team
workmanship, innovative solutions, and timely, cost-effective professional
services.
Headquartered in Santa Ana, California, with its second office location in
Riverside, California, the firm has worked throughout California; members
of its staff have experience in other states and internationally, enabling
ZKCI to draw from diverse technical backgrounds when providing practical
and sound geotechnical expertise. The bulk of its workload comes from
client referral based of its qualifications and cost effectiveness.
Fehr & Peers/Kaku Fehr & Peers/Kaku Associates specializes in providing transportation
Associates planning and traffic engineering services to public and private sector
Traffic clients. They emphasize the development of creative, cost-effective, and
results -oriented solutions to planning and design problems associated with
all modes of transportation.
Rather than trying to offer a multi -disciplined approach, Fehr &
Peers/Kaku Associates chooses to focus on being the best traffic
engineering and transportation planning consulting firm.
Specialized expertise includes:
• Travel Demand Forecasting
• Traffic Operations and Simulation
• Intelligent Transportation Systems
• Traffic Calming
• Bicycle/Pedestrian Planning and Design
• Transportation Systems Planning
• Transit Operations and Simulation
• Land Use/Transportation Planning
• Smart Growth Planning
• Transportation Impact Analysis
• Traffic Engineering Design
Maintaining this singular focus on transportation enables Fehr &
Peers/Kaku Associates to provide state-of-theepractice expertise to their
13 May 21, 200'1
City of Santa Ana
Statement of Qua]
for Environmental Consultants
Fee
Michael Brandman Associates
Fee Schedule
Michael Brandin= Associates (MBA) provides consulting services in environmental compliance, planning,
biological and cultural resources management Compensation is based on the following fee schedule and charges.
Hourly Labor Rates
President/CEO 5250 - 295
Puncipal/Director 160 -270
Senior Project manager/Scientist!senior Regulatory Specialist 110-175
Project ManagerlRegulatory Specialist 100 -150
Assistant ProjectManager/Assistant Regulatory Specialist 80 -120
Environmental PlamesiTroject Ecologist$iologist 70- 95
Environmental AnalystRegulatmy Analyst 60 - 90
Research AnalystlStaffEcologist 50 - 75
Sr. Archaeologiso'paleontologist 95 -135
Project Archaeologist/PaleontologisVPrincipal Investigator, Historian 85 -110
Project Coordinator 65 - 90
Aidutechnal HistorimdStaffArchaeologist 65 - 95
Field Dimctor/Supervisor 65 - 80
Laboratory Director 65 - 80
Field Crew -Chief 65 - 80
Field Momitors/Laborer 40 - 55
Laboratory Assistant 40 - 55
Publications Caordmatorf£eehnical Editor 90 -110
GIs Specialist 70 -100
Graphics DesiguerlGIS Technician 65 - 80
Word Processor 65 - 80
Administrative Assistanu'Accountmg/Clerical 55 - 80
Reprographics Assistant/Imern 55 - 60
Other tabor Rates
Labor rates for expert testimony, litigation support, and depositionsicomt appearances will be billed at a minimum
of two times the above rates. if additional services are authorized during the performance of a contract,
compensation will be based on the fee schedule in effect at the time the services are authorized
Direct Expenses
Direct expenses are billed at the amount charged, as described below, plus a 10 percent administration cost.
1. Out-of-pocket expenses - including, but not limited to, travel- messenger service, lodging, meahs, blueprint,
reproduction, and photographic services: Cost, as charged to MBA.
3 Subconnactors'fees: Asquoted.
3. Passenger ears: $0.53 per mile.
4. Font -wheel drive vehicles: $75.00 per day (SO-SO per mile).
5. Reproduction and Color copies: See Reprographics Fee Schedule provided as necessary.
6. Records checks: fees vary with facility and project.
7. USF1a1S'CDFG impacts or mitigation fees.
8. Museum cieation: fees vary with the city and project
9. Cultural resources swmgelcuration of fossil and artifaer collections: Cost, as charged to MBA.
10. Per Dieun $145.00Iper day. Lodging surcharge may apply in high rate areas.
Terms
Compensation and direct expenses are invoiced monthly and are payable upon receipt.
Rates effective ftsugh December 3L 2007.
17 lvray Z1, zt1u7
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
MIrHARRAN
ldlClll Va ^"-" '
ACDRD. CERTIFICATE OF LIABILITY INSURANCE
DATE
07126107Dm1
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Santa Ana, CA 92711.0550 A_a�o9-�63
714427-6810
INSURED
Michael Brandman Associates
INSURERA United States Fidelity & Guaranty
INSURER B: American Automobile Ins. Co.
MSURERC: U.S. Specialty Insurance Company
--
220 Commerce Center#2O0
—
INSURER D: St Fire &Marine Ins. Co.
Irvine, CA 92602
-Paul
INSURER 6
CCVEKAGts
LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
THE POLICIES OF INSURANCE
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.
OLICY EFFECTIVE POLICY EXPIRATION WITS
NBRTYPE OFINSURANCE POLICY NUMBER 1
A
GENERALLIABILITY IBKO1565071
11/15/06
11/15107
EACH OCCURRENCE_
E1,000,UOU__
_
FIRE DAMAGE(APY one firel
X CUMMERC�AL GENERAL LNBILITY
Gen. Llab. policy
$30O.00D
___
$1 D.000
]CLAIMS MADE ❑X OCCUR
excludes claims
MED EXP (Any one Perron)
PERSONAL & ADV INJURY
$1 000 000 "
arising out Of the -.
_
GENERAL AGGREGATE _
$2 000 000 ._
of
1performance
GEN'LAGGREGATELIMITAPPLIESPER:
PRODUCTS -CO MPIOP AGG
$2_,000 DOD _
prof. services
POLICY PRO- TOO
D
: AUTOMOBILE
LIABILITY
11/15106
11/111/17
COMBINED SINGLE LIMIT
COMBINED
$1,000,000
X
IBA01574185
ANY AUTO
Itlenq
ALL OWNED AUTOS
BOEaDILY INJURY
(Par Perron)
SCHEDULED AUTOS
X
HIRED AUTOS I
BODILccident)Y INJURY
—
(Por a
X
NON-OWNEC AUTOS
I
----T—
PROPERTY
$
F
--
er axdentDAMAGE
GARAGE LIABILITY
AUTO ONLY_ EA ACCIDENT
$ _
EAACC
I _
$
ANY AUTO
-
O-HERTHAN
AUTO ONLY AGG
S
A LIABILITY
BKO1565071
II 11115106
11115/07
EACH OCCURRENCE
s3094,900,
AGGREGATE
rrEXCESS
X.00WR (CLAIMS MADE
$3,000,000_
I
�
5
-"—
$
—
X RFTENI ION so
B WORKERS COMPENSATION AND
VZP80946117
11115106
11115107
X T'C STATE- OETH-
R,1__.
EMPLOYERS'LIASIUTY
EACH ACCIDENT
$$11,0O0D0O,00000
LDISE _ASE-EAEMPLOYEE
LYLMT
DISEASE - POLICY
.
$1,DDODO0DE.
C i OTHER Professional
US051188901
1111W06
11/15107
$1,000,000 per claim
lability
$3,000,000 annl aggr.
laims Made,APPR(�Vtt)_
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ORM
The City of Santa Ana, its officers, agents, volunteers and employees are
additional insureds as respects general liability as required by written
contract. acre St It S1 .;c
As, ststt City Attorney
The City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
SHOULD ANY OF TH EBBOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIWXftj067kM TO MAILWI DAYS WRITTEN
NOnCE TOTH E CERTIFICATE HOLDER NAMED TOTH E LEFTjoQ1txsaM3lxXX)9000WXK
REPRESENTATIVE
ACORD 25.5 (7197)1 of 1 #5199205IM75061Y nnm - —1— —111 —1-1 .1—
Policy Namiler. BKO1565071
Liability Coverage cnnancement—
Architect and Engineers
ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsomentmod ifies insurance provided under thefaltowmg;
LIABILITY COVERAGE PART.
The following replaces the final paragraph of
SECTION II, WHO IS AN INSURED,1.:
However, no person or organization is an insured
with respectto the conduct of any current or past
partnership; joint venture, limited liability
company or trust that is not shown as a Named
Insured in the Liability Coverage Part
Doclarations. This provision does not apply -to you,
for your participation in any past or present
unnamed joint, venture', or if that person or
organization is otherwise an insured under
Paragraph 2. beow_
2. The following is added to SECTION 11. WHO IS AN
INSURED, 2..
Person Or Organization Required By
Written Contract
Any person or organization that you agree to
add as an insured. under this Liability
Coverage Part in a written contract or
agreement that is made before, and in of fact
when, the "bodily injury" or 'property
damage" occurs or the offense that Causes
the "personal 'injury' or ".advertising injury' is
first committed, but only with respect to that
persoWs or organization's liability arising out
of "your work" for that person or
organization
However, such personororganization is not
an insured with respect any:
(a) Your negligence; or
(b) The negligence of another person or
organization for whom you are
liable;
(2) "Bodily injury" "property damage',
`'personal injury" or "advertising injury'
for which such person or organization
has assumed liability in a contract. or
agreement, extent for liability for
damages that such person or
organization would have in the absence
of "the contract or agreement;
(3) "Property damage" to:
(a) Property owned; used or occupied
by, or loaned or rented to, such
person or organization;
(b) Property over which such person or
organization is for any purpose
exercising physical control; or
(c) 'Your work" performed for the
insured; or
(4) "Bodily injury", 'property damage",
personal injury" or "advertising injury"
arising out of any architect's, engineer's
or surveyor's rendering of, or failure to
render, any professional service", when
such person or organization is an
architect, engineer or surveyor.
(1) 'Bodily injury" "property damage',
11 personal injury" or "advertising injury" g, The following Is added to SECTION 11, WHO IS AN
that does notarise out of: INSURED'
nUSr 760209IXi includes rorivrighted'metPriSi cf Insurance Services Office mth its: pBiMissib, page, l ut.3
Copyright, ;rpuiarm, Serk.ps Office, In, 20in
'Unnamed Joint Venture"
You are an insured for your participation in any
pastor present "urmamed joint venture'.
However, you are not an insured if the 'bmamed
jointvenmre' has:
a. Oireet empioyees;or
b. Owns, rents, or leases any real or personal
property
No other member or partner, or their spouses, of
any pastor present "unnamed joint venture" is an
insured
The fallowing replaces SECTION III. LIMITS OF
LIABILITY, Z h.:
b. %Vill apply separately to the sum of all:
(1) Damages because of "bodily injury" and
property damage', under SECTION L
COVERAGE; A. Liability above; and
f21 Medical payments for 'bodily injury",
under SECTION I. COVERAGE, B.
Medical Paymontsabove
arising out of each location listed in the
Schedule of Premises or each of "your
projects', and
5: The following replaces SECTION IV. CONDITIONS,
5. "Other Insurance", a Primary Insurance:121:
(2) However, this insurance will be
considered primary to, and non-
contributory with; "other insurance"
issued directly to a person or
organization added as an additional
ifieured under SECTION It. WHO IS AN
INSURED, 2.;
(a) Paragraph h. Certain Additional
Insureds By Contract or
Agreement', or
tb) Persons Or Organizations
Required By Written Contracts
insurance". This insurance will then be
applied as primary insurance for
damages for "bodily injury" "property
damage', 'personal injury" or
"advertising injury" to which this
insurance applies and that are incurred
by such person or organization; and we
will not share those damages with such
'other insurance`.
6. The following is added to SECTION IV.
CONDITIONS, 5. "Other Insurance", b. Excess
Insurance:
This insurance is excess over any 'other
insurance' whether primary, excess,
contingent or on any other bans that is
available to you for your participation in any
pastor present "unnamed:joint venture".
T The following is added to SECTION IV.
CONDITIONS; 8. Transfer Of Bights of Recovory
And Proceeds:Against Others To Us;
However, we waive any right of recovery and
proceeds we map have against any person or
organisation thatis added as anadditional insured
under the Paragraph Parson Or Organization
Required fly Written Contraet of SECTION If.
WHO IS AN INSURED,2..
a, Because of payments we make for "bodily
injury", "proerty damage "personal injury'
or 'advertising injury" arising out of "your
work" in ongoing operations or included in
the `products -completed operations hazard;
and
b. Performed under a written contract or
agreement that is made before; and in effect
when, the "bodily injury" or "property
damage` occurs or the offense that causes
the "personal injury" or "advertising injury" is
committed; and
c. You specifically agree in such written
contract or agreement to waive thoso rights
of rocovery and proceeds for such person or
organization.
if you specifically agree, in that written fl. The following are. added to SECTION V.
contract or agreement, that this DEFINITIONS:
insurance must be orimaryto, and non-
contributory with, such "other
Civet-26oan9:uJ IrcludesCoppgh'mrmatenaloflnwriorwSivicimQfrimwVihiyrpermissoli, P,vpe2,of3
CapyrighL lmrai same s:office, Im'ZO r
'Unnamed joint venture' means any joint venture
in which you are -a member or partner where:
a. Each and every one of your co -ventures in
that joint venture is an. architectural,
engineering or surveying ffrm; and
b. That joint venture is not named in the Liability
Coverage Part 0eclarations.
'Your promises' means any premises, site, or
location owned or occupied by, or ranted to, you.
"Your project".
a. Means any premises, site or location at, on,
or in which "your work" is notyet completed,
and
b. Does not include `your premises" or any
location listed in the Schedule of premises.
All other terms of your polky remain the same.
WBF3e o9 09 oa Includes wpYrnAhiad mutailat of;nsurance Syrvir,rs-Office nip, i15. pvmigkn. Pxte 3oij
nWl0106!,Ins@mnce$ehiws 2001
City of Santa Ana
Statement of Qua]
itions for Environmental Consultants Insurance
ACQ CERTIFICATE OF LIABILITY
INSURANCE
r^OO1°F'
THIS CERTIFICATE S SSUED AS A MATTER OF INFORMA110N
Dealer, Raman a AasocLmas
ONLY AND CONFERS NO RIGHTS UPON THE CERTF/CATE
P. D. Box 10660
Sank Ana, CA 9271 i-0550
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW.
714 1274810
INSURERS AFFORDING COVERAGE
rEUPFD .'M . octal" --._____
Michael B Commerce
Z20 commerce Came s200
Co er #2 0
Wine. CA 82602
IH6WIfRA Untied St aka Fidelity A Guars
IHSNRm a Amadean Automobile Ins. Co.
II618HV c: US. Insurance CD n
nMLPree D. SL Paul Flre & Marine Ina. Co.
Msuae+e
THE POJOES OF INSURANCE LISPED BELOW HAVE BEEN ISSUED TO THE INSURED NANED ABOVE FOR THE POUGY PERIOD INDICATM NOTWIIILSTANBING
ANY REOUIRENEWT TEAM OR CONO TON OF AYY OONTRA OR OTHER DOCUMENT YRH FEEPECT TO WHICH THIS CERTIMATE MAY BE ISSUED OR
MAY PERTAIN. THE WSUHANCE AFFORDED BY THE POLIOES W"MED HERI!W a 51RIECT TO Au THE TEEMS, IXGUI90NB A CONDITIONS OF SUCH
POLIOE'S- AGGRGGATELW RBBIgWH MAY HAVE aF£N REOULEO EY PAM O.VNS.
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OFHcaaIpNOFOPPMnONm11CI110a9YEMC1EegcW9lwa AOOm m aNgNmBRHPECwLPaONYW6
For Prgmaal Only
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1969
immix 18 May 21, 2007
ATTACHMENT 8
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company Dealev Renton & Associates
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 insured's
("additional insured's") 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 insured's.
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 11 / j 5 / 0 6 this endorsement form as a part of
Policy# BK01565071
Issued to Michael Brandman Associates
Named Insured
Countersigned by
Memo: bI— - - -
ACORD.,, CERTIFICATE OF LIABILITY INSURANCE oaizliroa°"'
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Santa Ana, CA 92711-0550
714 427-6810
INSURED
INSURER A Travelers Property Casualty Co of Am
INSURER a'. American Automobile Ins. Co.
Michael Brandman Associates
220 Commerce Center #200
INSURER C: U.S. Specialty Insurance Company
Irvine, CA 92602
INSURER o: Travelers Indemnity_ Co. of Connectic
INSURER E.
V V Y Cr�I�V CJ
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
T.
TYPE OF INSURANCE
POLICY NUMBER
PUATEY EFFECTIVE
POLICY ATEIM IDIDYYI ON
LIMITS
A
GENERAL LIABILITY
68060831_204
11/15/07
11/15/08
EACH OCCURRENCE
$1 000 000
FIRE DAMAGE(Anycnerim)
$300000
X COMMERCIAL GENERAL LIABILITY
Gen. Llab.policy
MEDEXP(Anyonepenon)
$5000
CLAIMS MADE OCCUR
excludes claims
PERSONAL &ADV INJURY
$1,000,000
X Contractual
arising out Of the
Liability
GENERAL AGGREGATE
s2,000,000
performance of
GENT AGGREGATE LIM IT APPL [ES PER.
PRODUCTS -COMPIOPAGG
s2000000
prof. Services.
POLICY X PRO F7 LOG
JECT
D
AUTOMOBILE
X
LIABILITY BA607BL716
ANY AUTO
11/15/07
11115/08
COMBINED SINGLE LIMIT
E. accident)
$1,000,000
BODILY INJURY
(Per person)
$
-
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Peraccident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
ANY AUTO
S
-,--__
$
AUTO ONLY'. AGG
EXCESS LIABILITYEACH
OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
S
S
DEDUCTIBLE
Is
RETENTION $
B
I WORKERS COMPENSATION AND
WZP80957165 11/15/07
11/15/08
WC STATU- OTH-
X TORY LIMITS ER
-
E.L. EACH ACCIDENT
EMPLOYERS LIABILITY
$1,000,000
E.L. DISEASE - EA EMPL OYEE
$1,000,000
E L. DISEASE -POLICY LIMIT
$1000,000
C OTHER Professional
US071188903 11/15/07
11/15/08
$1,000,000 per claim
Liability
$3,000,000 annl III
Claims Made
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
The City of Santa Ana, its officers, agents, volunteers and employees are
additional insureds as respects general liability as required by written
contract.
City of Santa Ana
Attn: Larry Yenglin
20 Civic Center Plaza
Santa Ana, CA 92701
LD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFCRE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30—DAYSWRITTEN
'ETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT, BUT FAILURE TO DOW SHALL
SE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURE R ITS AGENTS OR
REPRESENTATIVE
AGUKU ZD-0 (11a 1)1 of 1 SSZZJOb41MZUV0U4 unry — ___• _ -
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED (Section II) is amended to
include any person or organization that you agree
in a "contract or agreement requiring insurance"
to include as an additional insured on this Cover-
age Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If the injury or damage arises out of the per-
formance, by you or your subcontractor, of
"your work" to which the "contract or agree-
ment requiring insurance" applies. Such per-
son or organization does not qualify as an
additional insured with respect to their inde-
pendent acts or for "bodily injury", "property
damage" or "personal injury" for which that
person or organization has assumed liability
in a contract or agreement.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which cover- 4.
age as an additional insured specifically is
added by another endorsement to this Cover-
oe
age Part.
b. This insurance does not apply to the render-
ing of or failure to render any "professional
= services".
c. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed to provide in that "contract or agree-
ment requiring insurance", or the limits shown
in the Declarations for this Coverage Part,
whichever are less. This endorsement does
not increase the limits of insurance stated in
the LIMITS OF INSURANCE (Section III) for
this Coverage Part.
3. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL S
LIABILITY CONDITIONS (Section IV):
003799
However, 0 you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non-contributory basis, this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance". But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed.
As respects the insurance provided to the addi-
tional insured by this endorsement, the following
definition is added to DEFINITIONS (Section V):
CG D3 81 09 06 C 200e, The St. Paul Travelers Insurance companies, Inc Page 1 of 2
Induces. copyrighted material of insurance Services Office, Inc., with Rs permission.
COMMERCIAL GENERAL LIABILITY
"contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
"property damage" occurs, and the "personal in-
jury" is caused by an offense committed,
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
All other terms of your policy remain the same.
Page 2 of 2 ® 20DS, The St. Paul Travelers insurance Companies, Inc. CG D3 81 09 06
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
La rr y V
City of Santa Ana /' ? -163
Planning and Building Agency
Environmental Consultant
Authorization Form
Project Name: Town and Country Manor
Project Address (if applicable): 555 East Memory Lane
Consultant Name: Michael Brandman Associates
Agreement No. (if applicable):
Staff has carefully reviewed the proposal by the above -mentioned consultant with the revised date of
May 2, 2008. We do hereby authorize the above -mentioned consultant to commence work as
indicated within the terms and conditions of this proposal.
X Environmental Consultant Services Special Account Balance: $1,852,585.59
Staff has confirmed that the total aggregate amount ($2,000,000) of the special deposit
account for contracted environmental services (account no. 98-01-3612) has not been
overdrawn for fiscal year 2007-2008.
X Amount of Proposed Contract: $186,830.00
X Funding Source
X Private (Developer) — Account No.: 98-01-3612
❑ Public (City Agency) — Account No.:
X Agreement, Liability Insurance and Workers Compensation Insurance
Staff has confirmed that all required agreements, liability insurance and workers compensation
insurance has been submitted and is current.
X Developer/Applicant Consultant Authorization
Staff has obtained authorization from developer/applicant/City Agency to hire the above -
mentioned consulta t firm (attach authorization letter from developer/applicant).
Larry D Yenglin April 21, 2008
Planner Date
K a'a� 5— o S- o ff f2o.—
Planning Manager 0 Date APPROVED AS TO
Authorization
Assi nt City Attorney
Jay Trevino, Executive Director, City of Santa Ana Planninq & Buildina Aaencv
Name and Title
�-_06
Signature
Date
Santa Ana East Memory Lane/Town and Country Manor EIR
SCOPE OF WORK
Scope of Work
Work Program
MBA is prepared to take EIR project management responsibility and assist the City of Santa
Ana in successfully executing the following scope of work. The RFP received from the City and
this proposal will jointly become the Scope for Professional Consultant Services for this
project.
The scope of work, which assumes close coordination with the City, has been incorporated
within our estimated fees. Included will be the following responsibilities:
■ Project initiation and organization
■ Public scoping and agency coordination
■ Coordination with the City through the MBA Principal/Project Manager
■ Data compilation and technical report peer review
■ Impact assessment and formulation of effective mitigation measures
■ CEQA conformance and quality assurance
■ Report compilation and distribution
■ Responding to public comments on the Draft EIR
■ Preparation, posting and mailing of required CEQA notices
■ Public meetings and hearing attendance
■ Preparation of findings of fact and statement of overriding considerations
■ Preparation of mitigation monitoring program
■ Preparation of Final EIR
Phase I - Technical Studies
Task 1.1: MBA Technical Studies
Technical studies to be provided by MBA include ones for the following potentially significant
effects. These will be summarized in the corresponding EIR sections:
■ Visual Analysis/Shade and Shadow Analysis. To support the visual analysis, we will
perform a site photographic survey to show the visual baseline condition from
surrounding vantage points. Building elevations obtained from the project architect will be
superimposed on the photos to demonstrate the impact of the buildings on views.
Utilizing an aerial photo base, MBA will calculate and graphically display the
winter/summer solstice shade and shadow footprint of the building on surrounding
properties and any potentially sensitive receptors (i.e. residential properties, outdoor
recreational areas including relationship to nearby Santiago Park, etc.).
This assessment will also address CEQA threshold criteria such as impacts on any scenic
vistas, scenic resources, the visual character and quality of the site and surroundings,
and sources of light and glare.
■ Cultural Resources. MBA's Cultural Resources Division will prepare a Cultural Resources
Report and perform tasks necessary to support adequate cultural resources
documentation to meet CEQA requirements. The basic tasks are as follows:
Records Search
__ 3
Santa Ana East Memory Lane/Town and Country Manor EIR
SCOPE OF WORK
- Cultural Resources Survey
- Cultural Resources Phase I Report
-- SB 18 Consultation Support
MBA will perform a records check of the project site and surrounding area, and review
archival aerial photo to document the known historic and prehistoric conditions. The
Native American Heritage Commission (NAHC) will be contacted to obtain a file search
and identify any Native American concerns. Background paleontological information will
also be solicited from the Natural History Museum of Los Angeles. A complete Phase I
cultural resources survey of the site will be performed by an MBA Registered Professional
Archaeologist (RPA), The Cultural Resources Phase I Report will meet City and SHPO
standards (ARMR format), and will contain at a minimum: Introduction and Setting;
Prehistoric and Historic Background; Methods Used in the Investigation; Records Search
and Survey Results; and Findings and Recommendations.
MBA will support the City in compliance with SB 18 Native American Tribal Consultation
requirements through preparation of the consultation form and assistance with City
response to any letter from NAHC.
■ Noise. MBA will prepare an acoustical analysis that addresses short-term and long-term
noise impacts. Short-term construction noise levels from equipment and trucks will be
analyzed. Long-term traffic noise levels will be evaluated based on the Federal Highway
Administration Highway Traffic Noise Model (FHWA).
Based upon measurements of existing conditions, a comparison of the noise without and
with project -generated traffic will be provided at project buildout. Noise modeling will be
conducted using the approved FHWA Highway Noise Prediction Model or one of its
derivatives (e.g., Sound32). Impacts to proposed land uses on -site (i.e. future residents,
workers, and guests) and any existing sensitive land uses in the vicinity will then be
compared with the goals of the General Plan Noise Element and restrictions set forth in
the Municipal Code.
MBA will summarize the noise analysis within the EIR. Design and/or operational
mitigation, if necessary, will be proposed for any significant impacts. Residual impact
after mitigation will be compared with the impact criteria to assess the adequacy of the
proposed mitigation measures. The technical noise data generated to analyze the noise
emissions will be included as an appendix to the EIR.
■ Air Quality. A comprehensive air quality analysis would include an evaluation of both
localized and regional short-term (construction) and long-term (operation) air quality
impacts. The air quality analysis would judge the significance of impacts by comparing
them to South Coast Air Quality Management District (SCAQMD) localized and regional
significance thresholds. To address these thresholds, the air quality analysis requires the
following tasks.
- Data Collection. Relevant project and site background information will be collected
and reviewed to ensure that all potential emissions are included in the analysis. The
traffic study prepared for the project is required for the air quality analysis. MBA will
work closely with the traffic engineer to ensure the trip generation rates accurately
depict the project.
- Regional Analysis. Air pollutant emissions will be estimated using emission factors
and methodologies developed by California Air Resources Board (CARE), SCAQMD,
and other agencies. The pollutants that will be estimated include the following:
. 4_
Santa Ana East Memory Lane,/Town and Country Manor E1R
SCOPE OF WORK
volatile organic compounds, oxides of nitrogen, carbon monoxide, sulfur dioxide, and
particulate matter (PM10 and PM2.5). The regional impact assessment will calculate
emissions associated with construction and longterm operational activities for the
proposed project using URBEMIS2007.
- Localized Significance Analysis. A Localized Significance Threshold (LST) analysis
will need to be conducted for construction emissions pursuant to SCAQMD
methodology. Since the amount of acreage to be disturbed by grading in one day is
expected to be less than or equal to five acres, a condensed LST analysis can be
done by comparing onsite project emissions of carbon dioxide, nitrogen dioxide, and
particulate matter (PM10 and PM2.5) with localized thresholds as obtained from the
SCAQMD LST Methodology look -up tables for the project's source receptor area
- Carbon Monoxide Hot -Spot Analysis. A carbon monoxide hot -spot analysis will be
conducted of up to five intersections with the highest potential for congestion using
the California Department of Transportation Caline4 model and the CARB
EMFAC2007 model.
- Global Climate Change. A global climate change analysis will be prepared for the
proposed project. Project generated emissions of greenhouse gases will be estimated
using URBEMIS2007, California Air Resources Board methods, and/or U.S.
Environmental Protection Agency emission factors. The General Plan or other regional
planning documents will be reviewed for goals or policies that relate to global climate
change. An appropriate threshold for addressing the significance of the project's
influence on global climate change will be derived. If necessary, mitigation measures
will be recommended. A significance finding will also be determined.
- Report. A comprehensive report will be prepared that includes all necessary
components of a legally defensible analysis, including background information on air
quality. If necessary, mitigation measures will also be identified to reduce the level of
significance.
Water Quality. The MBA Water Quality specialist will prepare the water quality
management plan using guidelines set forth in the County's Model WQMP, provided in
DAMP (Drainage Area Management Plan). The WQMP will be submitted to the City of
Santa Ana Planning and Public Works departments for review. Comments and/or changes
required by the City will be addressed and the WQMP will be modified to obtain the City's
final approval. MBA assumes the following documents will be available prior to the
preparation of the WQMP:
- Project -Specific Grading and Drainage Plan
- Soils Engineering Report
Hydraulic Study determining stormwater runoff from required storm frequency
intensities
Preparation of the WQMP will include the following tasks:
Identify potential pollutants and their sources associated with the Project along with
local receiving waters, identify any California Clean Water Act Section 303(d) listed
receiving waters and evaluate associated impacts to the proposed project.
Identify Hydrologic Conditions of Concern and evaluate if post -construction runoff
volumes could have a significant impact on downstream stormwater facilities
compared to existing conditions or have significant impacts on stream habitat, alone
or as part of a cumulative impact from development in the watershed.
5
Santa Ana East Memory Lane/Town and Country Manor EIR
SCOPE OF WORK
Evaluate site structural Best Management Practices (BMPs) and determine which
BMPs will be used and provide justification for any BMPs not being used. Describe
how the selected BMPs will be implemented and the entity or party responsible for
implementation, maintenance, and/or inspection. This task assumes that preliminary
design calculations for the Project will be available for sizing treatment BMPs.
Although MBA can provide guidance on the type, location, and size of potential
treatment control BMPs, this SOW assumes that the Project engineer will integrate
those selected treatment control BMPs into the Project site plan.
Provide an evaluation of the 0&M requirements of all structural source and
treatment control BMPs included as part of the Project.
The WQMP will be summarized for use in the EIR and included in its entirety in the
Appendix.
Traffic and Circulation. The City of Santa Ana has selected Kimley-Horn and Associates,
Inc. as the traffic consultant for preparation of the traffic impact study for the EIR. In
accordance with the requirements of the City of Santa Ana, the traffic impact study for the
project will consist of the following:
- Existing Condition
- Opening Year Without the Project
- Opening Year With the Project
- Traffic Impact Analysis
- Mitigation Measures, if necessary
- Analysis of Site -Specific Issues
The specific scope of work, method and approach for the traffic impact study is provided
in its entirety in Appendix C of this proposal. Kimley-Horn will be a subconsultant to MBA
for the duration of the EIR process, including support in response to comments on the
Draft EIR and public meeting attendance.
Geology and Soils. Zeiser-Kling Consultants, Inc. will prepare a preliminary
geotechnical report to address geologic hazards, soils issues and preliminary design
recommendations for construction of the project. The report will address seismic
hazards, liquefaction, subsidence, compressible soils, groundwater, corrosivity, and
preliminary foundation requirements. Particular attention will be given to any
geotechnical issues associated with the proposed three -level subterranean parking
garage. The report will be summarized for use in the EIR.
Phase II - Environmental Impact Report
Task 2.1: Project Description and Background
The MBA project manager will meet with the City for the purpose of obtaining information
necessary for preparation of complete project and alternatives descriptions, establishing early
communication among various project team members, and familiarizing MBA with the issues
and concerns identified for analysis.
To facilitate this process, MBA will:
■ Attend an initial orientation meeting with City of Santa Ana staff and the project applicant,
if necessary, to review the proposed project scope of work and to determine which
6
Santa Ana East Memory LaneiTown and Country Manor EIR
SCOPE OF WORK
elements will be included in descriptions of the project and alternatives to the proposed
project
■ Receive project objectives (including those of the City and the applicant), and narrative
program descriptions of project alternatives that are sufficient to develop the EIR's
description of alternatives to the proposed project
■ Refine the project schedule, based on agreements reached during contract negotiations,
and on information discussed at the initial orientation meeting, if needed
■ Receive all existing reference and research materials related to the project, the project
site and vicinity, including base maps, aerial photographs, and environmental documents
for projects in the project vicinity
■ Review site -specific data, conduct a field visit, interview relevant parties (such as the City
and other agency staff) to identify available existing documentation for the project area,
and review the City's CEQA compliance procedures
■ Develop a detailed sample outline of the Administrative Draft EIR, describe format and
document style for City approval
Task 2.2: Initial Study, Notice of Preparation, and Scoping
Initial Study. MBA will prepare an IS, according to CEQA requirements, CEQA Guidelines
(Section 15063), and the City of Santa Ana CEQA Implementation Procedures. The
content of the IS will comply with the requirements of case law. Issues for which no
significant impacts are expected (for which no additional evaluation is required) and
topics that will require further evaluation in the EIR will be identified. This will narrow and
precisely define the scope of the EIR, will provide a strategic action plan for completing
the environmental process as efficiently as possible, and will determine the most
effective approach for addressing any required consultations and approvals of other
agencies.
A Draft IS will be prepared for review by the City of Santa Ana; five copies of the Draft IS
will be submitted to the City. Following receipt of one complete set of comments, MBA will
revise and prepare the Final IS.
Notice of Preparation. MBA will prepare the Notice of Preparation (NOP), which will
include a project description, project exhibits, including a topographical map, and the
Final IS. After approval from the City, MBA will provide one original copy, an electronic
version on CD, and 20 copies of the NOR MBA will prepare a distribution list for City
review and approval. MBA will distribute the documents (to the State Clearinghouse,
public agencies, and individuals identified on the distribution list). The NOP will be sent by
certified mail or overnight mail.
Community Scoping (Optional). The project does not qualify as a project of Statewide,
Regional or Areawide Significance pursuant to CEQA Guidelines 15206. However, the City
of Santa Ana may elect to have a community scoping meeting nonetheless, especially in
light of redevelopment activities underway in the City of Santa Ana and potential funding
vehicles. MBA will attend this early consultation/scoping meeting, monitor comments
received, answer questions as directed by staff, and provide a summary of public
comments with regard to any environmental concerns raised. Input will be used to focus
the issues to be addressed in the EIR. The summary of comments will be included in the
EIR Appendices.
Santa Ana East Memory Lane/Town and Country Manor EIR
SCOPE OF WORK
Task 2.3: Screencheck Draft EIR
• Screencheck Draft EIR. Seven hard copies and one CD-ROM of the Screencheck Draft
EIR in Word format will be submitted to City staff for review and comment.
■ Project Description. One of the first key actions to be performed will be the formulation
of a working description for the project and project alternatives. MBA will work closely with
the City and the project applicant to prepare a description that articulates the objectives
of the project. MBA will prepare the project description section of the EIR, based on
information provided during project initiation and on comments received on the NOR The
project description will include the following:
- Regional and local setting
- Project history
- Project objectives of the City and applicant
- Project characteristics and important project features
- Project phasing
- Intended uses of the EIR (as required by Section 15124[d] of the CEQA Guidelines),
including a list of:
a. Responsible and other agencies expected to use the EIR in decision -making
b. Approvals for which the EIR will be used
Cumulative Impacts. MBA will describe the reasonably foreseeable projects within a
defined study area approved by the City that may result in cumulative impacts associated
with the proposed project. MBA will work closely with City staff to ensure that the EIR is
prepared at the appropriate level of detail and that pertinent projects are evaluated. We
assume the City will provide to MBA information on all reasonably anticipated projects so
that cumulative projects can be adequately addressed. Findings of recent court cases
regarding the scope of cumulative impact discussions in EIRs will be relied upon to assure
all pertinent issues are addressed. Cumulative impacts will be discussed within each
environmental topic section of the EIR.
■ Growth -Inducing Impacts. Pursuant to Section 15126(g) of the CEQA Guidelines, MBA
will discuss in the EIR any potential growth -inducing impacts of the proposed project.
■ Effects Found To Be Not Significant. MBA will describe effects found to be not
significant, in accordance with Section 15128 of the CEQA Guidelines, by listing them with
brief explanations of why they are not significant. Based upon our knowledge and
familiarity with the project site and understanding of the proposed project, the following
environmental issues at a minimum may have the potential to result in no significant
impacts:
- Agricultural Resources
- Mineral Resources
- Biological Resources
■ Establishment of Thresholds of Significance. MBA will work with the City to establish
thresholds of significance for each environmental issue to be addressed in the EIR. In
addition to the general standards of significance identified in the CEQA Guidelines for
environmental issues, other established thresholds applicable to this project include
those for:
- Air Quality (South Coast Air Quality Management District)
- Traffic (City of Santa Ana)
8
Santa Ana East Memory Lane,/Town and Country Manor EIR
SCOPE OF WORK
Noise (City of Santa Ana)
The thresholds will be stated in each technical section of the EIR so the reader can clearly
understand the analytical process used to identify potential project effects.
Effects Identified as Potentially Significant. MBA will conduct an environmental analysis
of the proposed project to include the documentation of baseline conditions, project and
cumulative impact evaluations, and formulation of mitigation measures for each
environmental issue. It is assumed the EIR may need to evaluate potential impacts
associated with the following topics:
- Views/Shade and Shadows
- Air Quality
- Geology and Soils
- Hazards and Hazardous Materials
- Hydrology/Water Quality
- Land Use/Planning
- Noise
- Population/Housing
- Transportation/Traffic
- Utilities/Service Systems
■ Significant Unavoidable Adverse Impacts. MBA will discuss all significant unavoidable
adverse impacts, in conformance with the State CEQA Guidelines, Section 15126(b).
Included in the discussion will be any impacts that can be partially mitigated, but not to a
level that is less than significant. Any mitigation measures considered, but eliminated
because of new impacts associated with their implementation, will also be discussed.
Alternatives to the Proposed Project. This section will include a discussion of the
mandated no project alternative and at least two feasible project development
alternatives which would achieve the basic project objectives while minimizing or avoiding
potentially significant project impacts. Prior to proceeding with the preparation of the
project alternatives, MBA will meet with staff to review the impact analysis and determine
the alternatives in consultation with the City's Project Manager and City staff. The
purpose of the alternatives analysis is to evaluate project alternatives that effectively
reduce or eliminate significant adverse impacts without regard to attainment of project
financial/economic objectives. In determining the feasibility of alternative sites, the report
will consider site suitability, economic viability, infrastructure availability, General Plan
consistency, other regulatory limitations, and whether the applicant could reasonably
acquire, control, and/or have access to the site. A general discussion of all significant
adverse environmental impacts associated with each project alternative and a summary
matrix providing a comparative analysis of the project and project alternatives with
respect to significant environmental impacts will be included in the Draft EIR. The
environmentally superior alternative will be identified.
■ Executive Summary. MBA will prepare a summary, presenting the significant conclusions
of the EIR in a manner that is easily understood by the public, using a table format to
identify the significant impacts and the effectiveness of the recommended mitigation
measures. A summary of the alternatives analyses will also be presented, as well as
issues still to be resolved and issues subject to potential controversy as required by the
City of Santa Ana CEQA procedures.
9
Santa Ana East Memory Lane/Town and Country Manor EIR
SCOPE OF WORK
■ Other CEQA-Mandated Sections. MBA will also be responsible for the preparation of the
following sections of the EIR:
- Table of Contents
- Irreversible and Irretrievable Commitment of Resources
- List of Organizations and Persons Consulted
List of Preparers of the EIR
- References
Appendices
Task 2.4: Draft EIR
The contents will be consistent with all applicable provisions of the California Environmental
Quality Act (1970) and shall include the text of the Screencheck Draft EIR with revisions
directed by the City's project manager and environmental administrator. To facilitate this
process, the following steps will be taken:
■ Coordinate with the City project manager who will assemble comments on, and suggested
revisions to, the Screencheck Draft EIR. One set of unified City staff comments will be
provided to MBA. The City will reconcile conflicting review comments, if necessary.
■ Complete one set of revisions to the Screencheck Draft EIR, pursuant to review
comments. Revisions will be prepared in conformance with the scope of work.
■ Prepare one `proof check' copy of the Draft EIR for City review prior to distribution of the
Public Review Draft EIR.
■ Produce 20 hard copies and one CD-ROM of the Public Review Draft EIR in .pdf format,
and four hard copies plus one CD-ROM of the Technical Appendices. MBA will prepare the
notice of completion (NOC) and submit it to the State Clearinghouse with the required
copies of the Public Review Draft EIR. Using the City's approved list, MBA will distribute
the remaining copies of the Public Review Draft EIR by mail.
Task 2.5: Draft Final EIR
The contents will be consistent with all applicable provisions of the California Environmental
Quality Act (1970) and will include:
■ The text of the Public Review Draft EIR
■ Comments & Responses to Comments: A copy of all written comments received on the
Public Review Draft EIR during the mandated public review process, and appropriate
responses to comments consistent with the requirements of CEQA. Draft Responses to
Comments (RTC) will be prepared in consultation with City staff. MBA will finalize the RTC
for distribution to agencies, organizations and individuals, and City departments that
provided comments on the Draft EIR (at least ten days in advance of the hearing to
consider certification of the EIR and approval of the project).
■ Findings of Fact —Prepared for each significant effect identified in the EIR, pursuant to
Section 15091 of the State CEQA Guidelines (Section 21081 of CEQA)
■ Statement of Overriding Considerations (if applicable) —Prepared pursuant to Section
15093 of the State CEQA Guidelines
■ Mitigation Monitoring and Reporting Program (MMRP)—Prepared to comply with Public
Resources Code Section 21081.6, as mandated by Assembly Bill 3180 (Cortese 1988),
for adoption at the time of the CEQA findings
10
Santa Ana East Memory Lane,/Town and Country Manor EIR
SCOPE OF WORK
MBA will provide the City with a draft City Council Resolution of Certification and 15 hard
copies and one CD-ROM of the Draft Final EIR in .pdf format.
Task 2.6: Final EIR
MBA will file the Notice of Determination and compile the Final EIR. The contents will be
consistent with all applicable provisions of the California Environmental Quality Act (1970)
and will include the following:
■ The contents of the Draft Final EIR (see Task 2.5)
■ City Council Resolution Certifying the Final EIR
■ Copies of the Notice of Preparation, Notice of Completion and Notice of Determination
MBA will produce three hard copies and one CD-ROM of the Certified Final EIR in MS Word
format and .pdf format.
Task 2.7: Meetings and Project Management
MBA will be present at public meetings/hearings to develop an understanding of the public's
comments and concerns, answer questions on environmental issues, and make
presentations on the EIR, as directed by City staff. MBA understands the following meetings
are included:
■ Orientation/kickoff meeting with City staff (1)
■ Optional scoping meeting with City staff, applicant, and residents
■ Project status/update meetings with City staff (allow 2)
■ Planning Commission and/or other public meetings (allow 2)
■ City Council public hearing (1)
MBA will manage the preparation of the EIR and maintain communication between City staff
and project team members. This task is intended to ensure the project is running on time
within budget, is technically correct, and legally defensible.
MBA's project manager will provide management liaison between the project team and City
staff for communication of issues, transmittal of comments, financial management (e.g.,
invoices), and other project management matters. The project manager will be readily
available to the City throughout the environmental process from its inception to completion.
Following the project kickoff meeting, a total of two additional coordination and issue
resolution meetings with City staff are assumed for budgeting purposes.
Santa Ana East Memory Lane/Town and Country Manor EIR
FEE SCHEDULE
Fees
The estimated fees for the preparation of an EIR for the proposed East Memory Lane/Town
and Country Manor Tower EIR are provided below. The total fee includes all tasks discussed in
the Scope of Work and is based on the assumptions that follow.
PROFESSIONALMBA :O•
Professional Labor Fees
Phase I: Technical Studies
Task 1.1: MBA Technical Studies
-Cultural/SB 18 Support
5,500
-Air Quality/Global Climate Change
8,500
Noise
7,000
Visual/Shade and Shadow Analysis
6,000
Water Quality Management Plan
12,500
Preliminary Geotechnical Report
15,000
— Traffic Impact Study (includes 10 percent Contract
Administration Fee)
31,680
Traffic Consultant Attendance at 3 Public Hearings
3,080
Phase I Total
89,260
Phase 11: Environmental Impact Report
Task 2.1: Project Description and Background
2,000
Task 2.2: Notice of Preparation, Initial Study and Scoping
14,500
Task 2.3: Screencheck Draft EIR
35,000
Task 2.4: Draft EIR
7,500
Task 2.5: Draft Final EIR
17,500
Task 2.6: Final EIR
3,500
Task 2.7: Meetings and Project Management
8,000
Phase II Total
88,000
Total Professional Labor
177,260
MBA Direct Costs
Document Printing/ Reprographics
7,900
Mileage
300
Postage/Delivery
500
Subtotal Direct Costs
8,700
Administrative Fee (10 percent)
870
Total Direct Costs
Total Not -to -Exceed Fees
9,570
$186,830
%Whiffil
1
Santa Ana East Memory Lane/Town and Country Manor EIR
FEE SCHEDULE
Assumptions
The assumptions used in calculating the above fees are:
■ The price is valid for up to 90 days from the date of the proposal, after which it may be
subject to revisions.
■ The EIR will be prepared to comply with CEQA.
■ The EIR scope of work may need revision after receipt of all NOP and scoping comments.
■ This price is based on completion of the work within the proposed schedule. If substantial
delays occur through no fault of MBA, an amendment of the price would be warranted to
accommodate additional project management and other costs, and to reflect adjustment
for updated billing rates.
■ Printing costs are based on printing method and binding proposed, specific numbers of
copies proposed as work products, and estimated page lengths. Document printing costs
are estimated and will be finalized at the time of printing.
■ Costs have been allocated to tasks based on MBA's proposed approach. During the work,
MBA may, on its sole authority, reallocate costs among tasks, as circumstances warrant,
so long as the adjustments maintain the total price within the authorized total amount.
2
❑ � ❑ Kimley-Horn
and Associates, Inc.
May 1, 2008
Ms. Emilie Johnson, AICP
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, CA 92602
Re: Proposal to Provide a Traffic Impact Study for the Proposed Park View at Town
& Country Manor Project in the City of Santa Ana
Dear Ms. Johnson:
Kimley-Hom and Associates, Inc. ("KHA" or "the Consultant') is pleased to submit this
letter agreement (the "Agreement") to Michael Brandman Associates ("the Client") to
provide a Traffic Impact Study for the Park View at Town & Country Manor project in
the City of Santa Ana. Our project understanding, scope of services, schedule, and fee
are presented below.
Project Understanding
The Park View project will consist of 174 senior apartments in an 11-story building on
the site of the existing Town & Country Manor in the City of Santa Ana. The
development, known as Building H, will be located on the southwest corner of the Town
& Country Manor campus, at the corner of Lawson Way and Memory Lane. The project
portion of the Town & Country Manor site is currently developed with a surface parking
lot, and a lawn area. With construction of the building, the lawn area and most of the
surface parking lot will be removed. Three layers of structured parking will be provided
under Building H. The development will take access from the local street system via one
driveway on Lawson Way, and one on Memory Lane.
Scope of Services
In accordance with the traffic study requirements of the City of Santa Ana, the traffic
impact analysis for the Park View project will consist of the following:
(1) Existing Conditions,
(2) Opening Year Without the Project
(3) Opening Year With the Project
(4) Traffic Impact Analysis,
(5) Mitigation measures, if necessary,
(6) Analysis of site -specific issues.
■
TEL 714 939 1030
FAX 714 938 948E
■
suite 400
765 The City Drive
Orange, California
92868
❑�❑ KimleyHorn
and Associates, Inc. Ms. Emilie Johnson, May 1, 2008, Page 2
The traffic impact analyses will include the calculation of Level of Service (LOS) for
each of the study intersections and roadway segments. The Level of Service for
signalized intersections at Caltrans ramps will be based on the Highway Capacity Manual
(HCM) methodology. The Level of Service analysis for unsignalized intersections will
also be based on the HCM methodology. The following analysis scenarios will be
evaluated.
Existing Conditions (2007)
Opening Year without Project
Opening Year with Project
Opening Year with Project with Mitigation (if needed)
General Plan Build -out without Project
General Plan Build -out with Project
General Plan Build -out with Project with Mitigation (if needed)
The traffic analysis will provide evaluation of the following study facilities:
Study Intersections:
• La Veta Avenue at Main Street
• La Veta Avenue at SR-22 WB ramps
• La Veta Avenue at Parker Street
• Town and Country Road at Main Street
• Town and Country Road at SR-22 EB ramps/Lawson Way
• Town and Country Road at Memory Lane
• Memory Lane at Main Street
• Memory Lane at Lawson Way
Mid -block Locations:
• La Veta Avenue: between Main Street and the SR-22 WB ramps
• La Veta Avenue: between the SR-22 WB ramps and Parker Street
• Town and Country Road: between Main Street and the SR-22 EB ramps
• Town and Country Road: between the SR-22 EB ramps and Memory Lane
• Memory Lane: between Main Street and Lawson Way
• Memory Lane: between Lawson Way and Town and Country Road
• Main Street: between La Veta Avenue and Town and Country Road
• Main Street: between Town and Country Road and Memory Lane
• Lawson Way: between Town and Country Road and Memory Lane
• Parker Street: between La Veta Avenue and Town and Country Road
Existing traffic conditions will entail identifying the existing circulation characteristics
within the study area including intersection geometry and controls, and pedestrian,
bicycle, parking and transit facilities.
❑�❑ Kimley-Horn
and Associates, Inc. Ms. Emilie Johnson, May 1, 2008, Page 3
The Opening Year without the Project analysis will consist of developing traffic forecasts
for all proposed and foreseeable cumulative projects plus ambient traffic growth to the
year in which the project is anticipated to be completed. City staff will provide the
anticipated Opening Year, and the ambient traffic growth rate. Cumulative projects
information, including all necessary project information (land use, quantities, and
location) will be provided by the City of Santa Ana Planning and Building Agency.
The Opening Year with the Proposed Project represents the conditions described in the
paragraph above, plus build -out of the Proposed Project.
General Plan Build -out represents long-term build -out of the City and the region. Build -
out forecasts will be obtained from OCTA.
Kimley-Horn will develop project traffic and cumulative projects traffic estimates using
the current Institute of Transportation Engineers (ITE) Trip Generation publication. The
project trips will be distributed and assigned to the circulation network. Trip generation
estimates and trip distribution assumptions will be submitted to and reviewed by the
Public Works Agency prior to the subsequent stages of the analysis.
The project impact section of the report will identify project -related traffic impacts, based
on City of Santa Ana Level of Service standards.
If the project is found to have significant impacts, mitigation measures will be identified.
Evaluation of potential mitigation measures and an analysis of their effectiveness will be
provided. The mitigation measures section will include a conceptual drawing of the
proposed mitigation measures, and a discussion of potential impacts on adjacent
properties and the possibility of property take, if applicable.
Special Issues
The traffic study will include the following analyses:
• Signal warrant analysis for all unsignalized intersections.
• Sight distance evaluation for project driveways.
• Assessment of adequacy of proposed parking supply.
Additional Services
The foregoing scope of work assumes analysis of one version of the project site plan. If
changes to the site plan or the project description are made after analysis has begun,
additional fee and time may be necessary.
For budgeting purposes, it is assumed that mitigation measures and conceptual drawings
will be needed at no more than two locations.
Any services not specifically provided for in the above scope will be considered
additional services and can be performed at our then -current hourly billing rates.
Additional services we can provide include, but are not limited to, the following:
Kimley-Horn
and Associates, Inc. Ms. Emilie Johnson, May 1, 2008, Page 4
• Parking study
• Additional data collection
• Analysis of development alternatives
• Conceptual drawings of more than two mitigation measures
• Traffic signal design
• Signing and striping plans
• Traffic Control Plans
• Parking Management Plan
• Neighborhood Traffic Control Plan
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of all information provided
by the Client / City. The Client / City shall provide all information requested by KHA
during the project, including but not limited to the following:
A complete project description and detailed site plan, including building and
parking layouts, project access, and site quantities.
Cumulative project information, including land use, quantities, and locations; and
copies of approved traffic studies, if available.
Project Opening Year and ambient growth rate
Fee and Billing
KHA will perform the Scope of Services for a lump sum fee of S 28,900. All permitting,
application, and similar project fees will be paid directly by the Client.
Fees will be invoiced monthly based upon the percentage of services performed as of the
invoice date. Payment will be due within 25 days of your receipt of the invoice.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to,
and only to, the terms and conditions in the attached Standard Provisions, which are
incorporated by reference. As used in the Standard Provisions, the term "the Consultant"
shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to
Michael Brandman Associates.
KHA, in an effort to expedite invoices and reduce paper waste, offers its clients the
option to receive electronic invoices. These invoices come via email in an Adobe PDF
format. We can also provide a paper copy via regular mail, if requested. Please select a
billing method from the choices below:
Please e-mail all invoices to: (a,
❑ � ❑ Kimley-Horn
and Associates, Inc.
Ms. Emilie Johnson, May 1, 2008, Page 5
Please e-mail invoices to: (a, AND
provide a hard copy to the address listed above (please note below if it should be to
someone else's attention or an alternative address).
Please ONLY provide a hardcopy invoice to the address listed above (please note
below if it should be to someone else's attention or an alternative address).
If you concur in all the foregoing and wish to direct us to proceed with the services,
please have authorized persons execute both copies of this Agreement in the spaces
provided below, retain one copy, and return the other to us. Fees and times stated in this
Agreement are valid for sixty (60) days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you
have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Serine Ciandella, AICP
Vice President
Agreed to this day of
MICHAEL BRANDMAN ASSOCIATES
A Corporation
(Print or Type Name)
(Email Address)
20
President/Vice President
PARK VIEW AT TOWN & COUNTRY MANOR
MEMORY LANE AND LAWSON WAY, SANTA ANA
ESTIMATE OF COST BREAKDOWN
BY TASK
KIMLEY-HORN AND ASSOCIATES, INC.
TASK
TOTAL
HOURS
TOTAL
COST
1.
Document Existing Field Conditions / City Standards
3
$419
2.
Traffic Data Collection - Peak hour, daily
3
$419
3.
Quantify Existing Site Uses
0
$0
4.
Project Understanding, Trip Generation
4
$634
5.
Existing Conditions - Intersection Analysis
9
$1,031
6.
Existing Conditions - Roadway Analysis
5
$623
7.
Develop Cumulative Projects Trip Estimates
22
$2,710
8.
Opening Year Without Project - Intersection Analysis
6
$838
9.
Opening Year Without Project - Roadway Analysis
3
$419
10.
Project Trip Distribution - OCTA interface
6
$838
11.
Opening Year With Project - Intersection Analysis
5
$623
12.
Opening Year With Project - Roadway Analysis
3
$419
13.
Identify Project Impacts
6
$838
14.
Mitigation Measures and Concept Drawings (up to 2 locations
20
$2,806
15.
Signal warrants at unsignalized intersections
5
$623
16.
Sight distance analysis
5
$683
17.
Report Preparation
44
$5,716
18.
Response to Comments (up to 6 hours
6
$1,290
19.
Project Management
14
$2,762
TOTAL HOURS
169
$4691
EXPENSES
Office Expenses: duplicating, forms reproduction, plots, bluelines,
computer expenses, deliveries, etc.
Mileage:
Intersection Counts (4 intersections at $250 per intersection)
Roadway Counts (6 segments at $150 per segment)
Total Expenses
Sub -Total
Contingency 1 0%
Total
$1,250.00
-
1,720.00
900.00
3,870.00
$28, 807.00
$0.00
$28,807.00
5/1/2008, 11:50 AM
-' Planning & Building Agency
yl Planning Division
20 Civic Center Plaza
j P.O. Box 1988 (M-20) PLANNING DIVISION FEES
Santa Ana, CA 92702 Sheet 1 of 3
(714) 667-2700
www.santa-ana.org EnectWe 7/1/2007
1100000EUILU��N 11-5409 CASE NUMBER AMOUNT
($20,000-$49,999 or Discretionary Action) ............................................ $ 535.00 $
($50,000-$100,000)............................................................................ 815.00 $
(OVER $100,000).............................................................-............... 1,520.00 $
r - •
FCWP Fee ($20,000-$49,999 or Discretionary Action) ..................... $ 139.00 $
($50,000-$100,000)....................................................... 212.00 $
(OVER $100,000)........................................................ 395.00 $
• • •AMOUNT
DP FEE (Project Coordination Charge)
BUILDING VALUATION......................................................................... $
3/10 OF 1 % OF BUILDING VALUATION $
•AMOUNT
CATEGORICAL EXEMPTION/ENVIRONMENTAL DETER.
(required at time of site plan review submittal) ....................................... $ 215.00 $
FEE MAYBEAPPLIED TO THE FOLLOWING:
NEGATIVE DECLARATION
With studies and mitigation (No Traffic Study) .............................. 2,920.00 or $
10 % of Consultant fee, whichever is greater'
NEGATIVE DECLARATION
Requiring Traffic Study................................................................. 5,800.00 or $
10 % of Consultant fee, whichever is greater`
Withoutstudies.............................................................................. 725.00 $
ENVIRONMENTAL IMPACT REPORT ........................ ........................... 11,700.00 or
10 % of Consultant fee, whichever is greater'
' plus any other additional cost accrued
MITIGATION MONITORING
Upon Site Plan Resubmittal.......................................................... 400.00 $
Upon submission to plan check .................................................... 850.00 $
r CASE NUMBER AM—O—dMM
NEW SINGLE FAMILY RESIDENCE REVIEW ...................................... $ 415.00 $
SECOND DWELLING UNIT REVIEW ................................................... 415.00 $
• •451 CASE NUMBER•
CHANGE OF ZONE OR DISTRICT...................................................... $ 2,365.00 $
CONDITIONAL USE PERMIT............................................................... 2,370.00 $
Appeal__ ............................_..._............................................... 1,780-00 $
Condition Modification . .................. .......... 1,175.00 r r
With a PC&N Determination (ABC License) ................................ 2,370.00 - $,
Public Convenience & Necessity Determination ........................... 880.00 "-"- " ' ' ' $ �: _ , .�. � e- r r.� _:._-•,.1;,1;! ;
CONDITIONAL USE PERMIT
Coffee Houses Entertainment CUP .............................................. 192.00 r
$ .1.: .I;.I0
CONDITIONAL USE PERMIT - PRD 2,960.00`-+$
...................................................
Appeal.. ....................................... ................... ...... ....................... 2,215.00 $
DEVELOPMENT AGREEMENT/ REVIEW ($3,775.00 non-refundable ;' JI_- "" flI_;hi;:;_"i1i
deposit will be required initially) Plus Reimburse City for Actual Cost $
GENERAL PLAN AMENDMENT ....................................................
z LI'_i
MINOR EXCEPTION .......... ................................... LI' I
............................... 880.00 _: $
Appeal...........................:..................................................... 645.00
MINOR EXCEPTION FENCES............................................................. 420.00 - -
LOT LINE ADJUSTMENT...................................................................... 1,105.00 $
Appeal............................................................................................ 645.00 $
PARCEL MAP (Tentative)....................................................................... 1,110,00 + $23/lot $
Appeal.......................................................................................... 835.00 $
Extension....................................................................................... 215.00 $
SPECIFIC DEVELOPMENT ZONE ....................................................... 2,960.00 $
TRACT MAP (Tentative)........................................................................ 2,590.00 + $30/Iot $
Additional per dwelling unit............................................................ 70.00 $
Appeal............................................................................................ 1,955.00 $
Extension........................................................................... ......... 220.00 $
VARIANCE............................................................................................. 2,370.00 $
Appeal........................................................................................... 1,780.00 $ -
Conditional Modification................................................................ 1,175.00 $
APPEAL OF PLANNING MANAGER'S/Z.A.'S DECISION .................... 440.00 $
OTHER................................................................................... $
cv,
TOTAL $
PROJECT ADDRESS ''' l F -<_ DATE !
APPLICANT i 1i1 PHONE
MAILING ADDRESS BY L '/ I
WHITE -F I NAfJCE/YELLOW-APLLICANT/PINK-PLANNING
own
Countr
ManoV
The Christian & Missionary Alliance
RETIREMENT &_HEALTHCARE CENTER _
555 East Memory Lane • Santa Ana, CA 92706
' s •
CITY OF SANTA ANA $ 34,100.00 05/13/08
TOWN AND COUNTRY MANOR
555 EAST MEMORY LANE
SANTA ANA, CA 92706
EC C U 90-7337
' 3222
1111h7EALTH
955 WEST IMPERIAL HIGHWAY
BRL-A. CA 92821
RETIREMEItiT AND GENERAL ACCOUNT
HCARE CENTER
555'East i`lemory Lane Sa :ta Ana, CA 92706 714) r7-7581
PAl' EXACTLY 50788
c=THIRTY FOUR THOUSAND ONE HUNDRED AND 00/100**
[DATE CHECK NO.
SAY 05/13/08
TO THE AMOUNT
oga-eR �CITY;OF.SANTA ANA $ 34,100.00
OF
SIGNATURE
11'050.78811' -1:3 2 2 2733791: 000 L03549 20
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