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HomeMy WebLinkAboutHOGLE-IRELAND, INC. 5City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. The agreement with r �LERX u No. Q- cy?,0Off was completed on and final payment has been made. Revised 07-23-07 Department: 062Y7 Phone/Ext.: 2. ` Z Signature: - Date: 7::131 )3 ,INSURANCE ON FILE A-2008-W WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OFR'LCi 4 2008 DATE: fill 0 PP,.A (`) CONSULTANT AGREEMENT c r) i C, Zz- r }-', THIS AGREEMENT, made and entered into this 2nd day of June, 2008 by and between HOGLE-IRELAND, INC., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of 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 the 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 rates and charges identified in Exhibit A. 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. C 104 R 051 This Agreement shall commence on the date first written above and terminate on June 30, 2009, 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 B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and 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: Hogle-Ireland, Inc. Mr. Michael Thiele 2860 Michelle Drive, Suite 100 Irvine, California 92606 Telefacsimile 949-553-0935 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 proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. PATRICIA E. HEA Y Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: La Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager HOGLE-IRELAND, INC. Tax ID# 33"�s`a'4"'- EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEDULE Irvine Riverside Palm Springs Pasadena April 11, 2008 Mr. Pedro Guille'n City of Santa Ana Planning Division, M-20 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Dear Mr. Guille'n: Hogle-Ireland, Inc. is pleased to present this proposal to provide Environmental Services for the City of Santa Ana. We are confident that you will find that our proposal demonstrates that we are extremely well qualified to provide the City with the services it needs in an efficient and cost effective manner. Hogle-Ireland, Inc. has an established reputation of providing high quality and responsive services to cities. We presently have planning support staff assigned to the cities of Rancho Santa Margarita, Mission Viejo, Orange, San Clemente, Laguna Beach, Laguna Woods, Newport Beach, Hawaiian Gardens, Adelanto, Desert Hot Springs, Hemet, Hesperia, and Riverside County. It is our understanding that the City requires the assistance of a consultant firm to provide on -call environmental services to assist the City's Planning division in the processing of projects requiring environmental clearance. The anticipate tasks include any and all work efforts related to the analysis of projects subject to the California Environmental Quality Act (CEQA), and/or National Environmental Policy Act (NEPA). We are confident that our proposal effectively demonstrates our specialized services, which are tailored to cities, and the extensive issues that confront them. Each member of the Hogle-Ireland team is highly qualified and knowledgeable of all facets of city planning and environmental review processes and is looking forward to becoming a part of helping the City of Santa Ana reach its goals. I hereby declare that the only person, persons, company, or parties interested in the proposal as principals are named herein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; and that it is in all respects fair and in good faith - without collusion or fraud. I will serve as the firm's representative authorized to represent and bind the firm to our proposal. I can be reached at (949) 553-1427 if you should require any additional information or clarification regarding our proposal. Sincerely, Michael Thiele, Partner EXHIBIT A www.hogleireland.com Section 1 'Hogle-Ireland, Inc. has been providing contract planning services to cities for twenty 'years. During that period of time the firm has grown from a one -person firm to the ,._:.:.present size of 75 professional planning staff with the ability and expertise to provide a complete range of contract planning services to cities. We have planning staff available ranging from those experienced with planning counter operations to management/director capabilities. We have staff with expertise in all areas of planning, including advance planning, current planning, and environmental review and document preparation services. Because many of our staff have been exposed to all aspects of planning, and in particular, planning within California jurisdictions, they are uniquely qualified to assist cities and counties in providing effective and expeditious service to project applicants in those jurisdictions. Our staff can develop General Plans and Zoning Codes, prepare Specific Plans, prepare CEQA and NEPA' documentation for projects, develop Geographic Information Systems (GIS) for jurisdictions, update development processing fee programs, and develop Quimby Act (park fee) programs. We consider ourselves a "full service" city contract planning firm. Our firm is uniquely qualified to provide services in these and other planning areas because of the background and professional experience of the Partners, Principals and staff. The Partners and Principals bring extensive experience as Community Development/Planning Directors of California cities. Six members of our staff have served in Planning/Community Development Director positions for California cities. In n-- addition, all senior staff of Hogle-Ireland, Inc. have served in managerial positions in Planning Departments. Hogle-Ireland, Inc. is committed to providing superior, high-level service to our clients. We do so by maintaining a core of highly qualified staff possessing a wide range of skills that we match with our client's needs. Responsiveness and Flexibility One of the keys to our staffing proposal is "flexibility." As the City's need for environmental planning services fluctuates up and down, we will respond to the actual demand for services and increase or decrease our staffing level. City of Santa Ana - Statement of Qualifications 1 April 2008 Ex erience Section 2 Firm and PersonnelpMini For the City of Santa Ana, we have assembled a team of highly experienced planners with expertise in the preparation of environmental documents for a wide variety of planning projects, ranging from comprehensive General Plan updates, to specific detailed development projects. The Project Manager for our team is Randy Nichols, AICP. Randy has 29 years of professional planning experience in more than 35 jurisdictions throughout southern California. He has specialized in environmental planning, specifically CEQA and NEPA compliance, for 22 years. Many projects have involved compliance with federal and state resource agencies requirements, including endangered species and their habitats, wetlands and riparian environments, and water quality management. He is a persistent and tenacious problem solver who strives for excellence. Skills and experience include research, analysis, preparation and editing of reports, team and project management, development, communication and implementation of scopes of work, budget and schedules, client and agency liaison, strategic planning, workshop participation, and presentations before a variety of public agencies. As a former local government planner and a municipal planning consultant, Randy is familiar with the regulatory perspective on community development and with the challenges and responsibilities faced by local planning, engineering and building departments. Mr. Nichols has written or been responsible for the preparation of numerous planning studies and technical reports required for CEQA or NEPA compliance. These include: • Initial Studies and Environmental Assessments • Negative Declarations and Mitigated Negative Declarations • Environmental Impact Reports and Environmental Impact Statements • Notices of Preparation, Intent, Availability and Determination • Air Quality and Noise Studies • Biological Resource Assessments • Cultural and Historical Resource Surveys/Assessments • Geological Investigations/Soils Studies • Hydrology/Water Quality Studies • Water Supply Assessments • Storm Drainage, Water and Sewer Master Plans • Traffic Impact Assessments • Relocation Impact Study • Mitigation and Monitoring Programs • Response to Comments on Draft Initial Studies and EIRs • Facts and Findings for Resolutions to Certify EIR • Statement of Overriding Considerations • Finding of No Significant Impact • Record of Decision `\v Randy was a key member of a strategic planning team that completed general plan scoping projects for the Cities of Ontario and Adelanto, and for the County of San Bernardino. Recently, he provided land use City of Santa Ana - Statement of Qualifications 2 April 2008 2 — Experience €� and environmental planning expertise on behalf of a business owner impacted by the Dana Point Harbor Revitalization Plan and Local Coastal Plan Amendment. Supporting Randy in the provision of environmental services to the City of Santa Ana are a number of staff with varying levels of experience and expertise. Our support team will include the following staff who will be assigned specific duties as required by the specific projects that they will need to provide environmental documents for: Laura Stetson, AICP — Principal: Laura Stetson, AICP has 23 years of experience as a planning professional, both as a public sector planner and a consultant. During this time, she served as project manager on general plans, zoning codes, specific plans, and special planning studies for diverse cities throughout California, and has directed preparation of the associated CEQA documents. Representative program -level EIRs include those prepared for the Claremont General Plan, Brea General Plan, Vernon General Plan and Zoning Ordinance, and for Pasadena, the Land Use and Mobility Elements, Central District Specific Plan, and Zoning Ordinance Amendments Program EIR. In addition, she has directed project -level CEQA documents for such projects as the Del Mar Station Mixed -Use Development EIR (Pasadena), the Temecula Regional Hospital EIR, the Raymond Theater Reuse EIR (Pasadena), Atlantic Times Square EIR and Addendum (Monterey Park), and Initial Studies/Mitigated Negative Declarations for over 15 Housing Elements. Nelson Miller, AICP — Principal: Nelson Miller, AICP — Principal: Nelson Miller has 29 years planning and management experience in nearly every aspect of planning and community development. He has served as a Community Development Director and Planning Director for several cities and also provided a variety of consulting services. He has supervised or directed the preparation of a wide variety of Environmental Impact Reports and other environmental documents for General Plans; City Master Plans for Sewer, Water, and Drainage; numerous large-scale Specific Plans; major industrial projects; and controversial commercial projects, including Wal-Mart stores. Lisa Brownfield, Project Manager: Lisa Brownfield, has 24 years of planning experience in both the public and private sectors. Throughout her career, she has served as project manager on general plans, zoning codes, specific plans, and special planning studies for a variety of cities throughout California, and has prepared and managed the preparation of EIRs and EISs. Most recently, she has prepared or directed the preparation of program EIRs including but not limited to Maywood Land Use and Circulation Elements EIR, Huntington Beach General Plan EIR, Rosemead General Plan EIR, Azusa General Plan and Development Code EIR, Ontario Sphere of Influence EIR, and Westlake Village General Plan EIR. Ms. Brownfield is, currently, under contract to prepare the City of Huntington Beach Circulation Element EIR and to direct the Redwood City General Plan EIR. In addition to these documents, Ms. Brownfield has prepared numerous project -level EIRs, Initial Studies, Negative Declarations, Mitigated Negative Declarations, and EIR Addenda. Luis Lopez, Senior Associate Project Manager: Luis Lopez worked as a planner for the cities of Indio and Pasadena on numerous environmental documents. While with the City of Indio, Luis worked on several master -planned communities with complex Initial Studies/Mitigated Negative Declarations including "Indian Springs Golf & Country Club", "Plantation at Polo", and "Terra Lago". Luis processed fan Environmental Impact Report for the "Sun City Shadow Hills" project. Additionally, Luis worked on the Mitigated Negative Declarations for the 30-acre "Boulders West" project and the 28-acre "Spectrum" project which contain some of the largest industrial buildings in the Coachella Valley. Luis worked with the Cabazon Band of Mission Indians on theFantasy Springs Casino & Resort project which straddles .the City of Indio and tribal lands and involved NEPA procedures. While with the City of Pasadena, Luis worked on several Mitigated Negative Declarations including the Heritage Walk Condominiums project, of Santa Ana - Statement of Qualifications 3 April 2008 I the Huntington Hospital expansion project, and several hillside residential subdivisions. Additionally, Luis was involved with Environmental Impact Reports for the TELACU Senior Housing project, the South Fair Oaks Innovation Corridor Specific Plan, and the Raymond Theater Conversion project. Ilona Dahlke, Associate Project Manager II : Ms. Dahlke has planning experience in both the public and private sector arenas. Her public sector experience includes local, county and regional jurisdictions throughout California. Her experience includes writing/updating local zoning ordinances, planning case processing, staffing the public counter, demographic analysis, creating GIS maps and reviewing residential and commercial plan checks. She is also experienced in interpreting zoning code provisions, working with the public, and has familiarity with local, state, and federal data sources. Ms. Dahlke participated in the team for the comprehensive update of Riverside County's Land Use and Development Ordinance, as well as the hard zoning of the Town of Pahrump, Nevada, along with the creation of new zoning districts. She also developed Town Center Design Guidelines for the future development of a civic center for Pahrump. Most recently, Ms. Dahlke has worked on critiquing and providing comment letters on behalf of the Cities of Newport Beach and Tustin on Draft EIR's for high density residential projects in the City of Irvine. She is tasked with reviewing Irvine's General Plan policies, subdivision code, local parks code, and other relevant documents to determine whether the city is meeting their parks and recreation requirements on specific projects, and whether their mitigation measures are adequate. Christopher Brown, Associate Project Manager I : Mr. Brown provides services to both private development clients and public agencies and is particularly skilled in environmental review and analysis. Private development services include the preparation of Specific Plans, Planned Developments, and the full range of CEQA analysis and documentation. Key projects include the EIR Addendum to the Rancho Royale Specific Plan for Mission Creek Trails (2,220 unit mixed -use development), the Mitigated Negative Declaration for the Christian Center (44,496 sq. ft. religious complex), and the Mitigated Negative Declaration for the Garnet Street Bridge Replacement Project (demolition and replacement of a 159 foot bridge). Additionally, Mr. Brown has prepared air quality assessments utilizing the latest URBEMIS software and specializes in water quality and environmental health issues. His contract planning services includes all aspects of entitlement processing, counter assistance, and code enforcement. Highlights include entitlement processing and Initial Study preparation for the Jones Industrial Project (8,863 sq. ft. industrial building) and the Desert Son -Shine Pre -School and Kindergarten (10,000 sq. ft. daycare). Mr. Brown also served as the City of Rancho Santa Margarita's NPDES Authorized Inspector. He has provided support services to the City of Desert Hot Springs, the City of Palm Springs, the City of Rancho Santa Margarita, the City of Twentynine Palms, and the County of San Bernardino. All of our team members are knowledgeable and familiar with federal, state, and local regulations, policies and procedures as they pertain to CEQA and NEPA requirements. In addition they have a proven track record of quickly becoming familiar with and adhering to local jurisdictional requirements and we are confident that they will be able to quickly adapt to the Santa Ana way of doing business. Our team members all have experience working with stakeholders on projects and are able to coordinate with city staff, other consultants, applicant/developers, neighborhood and civic groups, and other interested agencies to achieve satisfactory anq timely delivery of work products. 2. I City of Santa Ana - Statement of Qualifications 4 April 2008 Fee Section 4 The following outlines Hogle-Ireland Inc.'s fee schedule for 2008. As indicated below our hourly rates are updated periodically, typically in February of each year. As outlined in the Request for Qualifications, Hogle-Ireland Inc. will negotiate the fee for each assigned project based upon a detailed scope of work. HOGLE-IRELAND, INC. HOURLY RATES Effective February 1, 2008 CLASSIFICATION RATE Partner 160.00 to 190.00 Principal 150.00 to 170.00 Director of Environmental Planning 140.00 Senior Designer 140.00 to 150.00 Senior Project Manager 135.00 to 150.00 Project Manager 125.00 to 140.00 Senior Associate Project Manager 115.00 to 125.00 Associate Project Manager II 105.00 to 115.00 Associate Project Manager I 100.00 Assistant Project Manager II 90.00 Assistant Project Manager I 75.00 Project Technician 65.00 Word Processing 65.00 All hourly rates include normal overhead. Reimbursable expenses, including blueprints, etc., will be billed at cost plus 10%. Hourly rates are updated periodically. Expert Witness for deposition &r testimony will be billed at $350.00/hour. t. -ity of Santa Ana - Statement of Qualifications 8 April 2008 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative Client#: 9058 Hn[y1 FIRF ACORDT. CERTIFICATE OF LIABILITY INSURANCE 07/09108D'YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UnionBanc Insurance Svcs, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2415 Campus Drive, Suite 200 A-2008-117 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92612-8530 949 833-2462 INSURERS AFFORDING COVERAGE NAIC # INSURED A: American Casualty Co. of Reading, PA 20427 HoglINSURER Ireland Inc INSURER B: Transportation Insurance Co. 20494 2860 860 Michelle Drive, Ste 100 INSURER a Employers Compensation Insurance Co 11512 Irvine, CA 92606 INSURER D: Lloyd's of London 99999 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDT NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDffYI POLICY EXPIRATION DATE (MM/DDffYI LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51OCCUR B2082828476 04/01/08 04/01/09 EACH OCCURRENCE $2 000 000 DAMAPRIEMGE TO RSES (E.ENTED $300 000 MED EXP (Any one person) $1 Q 000 PERSONAL & ADV INJURY s2,000,000 X OCP GENERAL AGGREGATE s4,000,000 GEWL AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG s4,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS B2082828526 04/01/08 04/01/09 COMBINED SINGLE LIMIT (Ea accident) $1'000'000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE HDEDUCTIBLE X RETENTION $ 10000 B2082828574 04/01/08 04/01/09 EACH OCCURRENCE $1 000 000 AGGREGATE $1,000,000 $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below FN30629806 04/01/08 04/01/09 WC ORY LIMIT OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 D OTHER Prof Liab Claims Made form LE00001337 Retro dte 3/2/99 04/01/08 04/01/09 1,000,000 Each Claim 2,000,000 Aggregate 10,000 DED or SIR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS See Additional Insured Endt Form No. CG2010 (10/93) attached City of Santa Ana; Planning Division P. 0. Box 1988, M-20 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .I0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE PA%,umU AD tLUU7/Ut$) 1 of 2 #S449251/M435534 TLFIN © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. NI.VKU LO-A tLUU-1/Uif) 2 of 2 #S449251/M435534 POLICY NUMBER: B2082828476 COMMERCIAL GENERAL LIABILITY CG20101093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS FORM B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana; Planning Division P. O. Box 1988, M-20 Santa Ana, CA 92702 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG20101093