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HomeMy WebLinkAboutEDAW, INC 1City of Santa Ana Clerk of the Council • AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. 203 Ali% —7 AM 9s 13 Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. CITY OF :, HTA ANS, _ -------C- K---f1F--=QLW,-- The agreement with No. A _200g, j`r) was completed on (_ 130 I7,M� and final payment has been made. x/ Department: Phone/Ext.: (7 2 112, �l Signature: dY� /< Date: 7131113 Revised 07-23-07 INSURANCE ON FILLE A-2008-110 WORK MAY PROCEED UNTIL INSURANCE EXPIRE //-i -019 CLERK OF COUNCIL CONSULTANT AGREEMENT DATE: G r A ()U� 2 4 2008 1�,r lc, THIS AGREEMENT, made and entered into this 2nd day of June, 2008 by and between EDAW, Inc., a Delaware corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental 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: 1. 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. Consultant shall not be responsible for claims arising out of City's extraction or modification of Consultant's work product, or for claims arising out of the use of work product by City for any purpose than that which is expressly set forth herein. 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. 4. TERM 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, and designated 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, and representatives from liability: (1) for bodily injury, damages, judicial or equitable relief to the extent arising out of claims for bodily injury and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the 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 injury, damages, judicial or equitable relief is due by reason of the terms of or effects to the extent 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 reasonable costs for the defense of the City, including fees and costs for counsel to be selected by the City, regarding any action by a third party asserting that injury, damages, judicial or equitable relief due to 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. 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: 4 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: EDAW, Inc. Mr. Thomas Ryan 2737 Campus Drive Irvine, California 92612 Telefacsimile 949-660-1046 A parry 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 either party 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, upon payment for services embodying the work product, shall become 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. 0 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: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager EDAW, INC. STEVE SCOTT Principal/Vice President Tax ID# _ _ , _ '3 q,4 q.2 G_3 EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEDULE IrE EDAW I AECOM EDAW Inc 2737 Campus Drive, Irvine, California 92612 T 949.660.8044 F 949.660.1046 www.edaw.com April 10, 2008 Mr. Pedro Guillen City of Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA 92702 Subject: Submittal to the City of Santa Ana for the Statements of Qualifications Dear Mr. Guillen, EDAW, Inc. is pleased to submit three copies of this qualification package for environmental services. We are excited about the possibility of developing a working relationship with the City of Santa Ana on future opportunities. The qualification package includes our exemplary outline of work, firm and personnel experience, schedule of fees, and other requested information. The exemplary outline of work lays out the typical components of an EIR. The projects included are an overview of EDAW's specific capabilities for environmental compliance services. Our regionally diverse environmental experience enables us to tailor our services to our clients' distinctive needs. Our southwestern capabilities lie in our Los Angeles, Irvine, and San Diego offices. Our offices, regionally, nationally, and worldwide share an integrated culture that connects in-house, project, and client teams to solve problems, and often, discover valuable new possibilities. We have assembled a highly experienced team of professionals for this qualification package that provides the City with the best combination of experience, technical expertise, cost-effectiveness, and quality control. The proposed staff has sufficient capacity in their current project assignments to begin work immediately upon authorization. Mr. Thom Ryan will be the Principal - in -Charge and Ms. Alia Hokuki will serve as Project Manager coordinating the preparation of the document(s) and providing assistance to the City. Pursuant to Rules For Proposals on page 3 of the RFQ, the signer of this proposal makes the following declaration: The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. EXHIBIT Thank you for this opportunity to submit our qualifications. We look forward to hearing from you and working with you on future opportunities. Should you have any questions, please call Mr. Ryan or Ms. Hokuki at (949) 660- 8044. Sincerely, Steve Scott PrincipalNice President cc: Amanda Smith, EDAW, Inc. EDAW I AECOM A E. FIF ff t_ EDAW Document Preparation Team The following EDAW staff will provide services with the preparation of the environmental document(s). Thom C. Ryan, Prinicpal-in-Charge As Principal -in -Charge, Mr. Ryan will have full authority to direct and administer all of EDAW's work under this contract. He will provide general contract oversight and ensure that EDAW provides all necessary resources to the City of Santa Ana. Mr. Ryan will meet regularly with EDAW's senior project manager, Alia Hokuki to monitor progress, and will be directly available to City of Santa Ana throughout the life of the contract. Alia Hokuki, Senior Project Manager As the Senior Project Manager, Ms. Hokuki will lead the team. She will coordinate and organize communication between the project team. Additionally, she will work with Mr. Ryan and the City staff to facilitate the administrative and project management tasks for each project. Ms. Hokuki is an urban and environmental planner with a diverse range of experience in the preparation of CEQA documents, specific plans, land development, and feasibility studies. Her project experience includes specific plans, entitlement processing, and general plans. She has extensive knowledge of planning and zoning laws. Jane Chang, Project Planner As Project Planner, Ms. Chang will work with Ms. Hokuki and the team to assist with any document preparation. Ms. Chang has extensive experience with the preparation of CEQA/ NEPA related environmental documents such as EIR and EA. Her project experiences include environmental documentation, research on different environmental issues and graphic design using computer programs such as Adobe Photoshop, Adobe Illustrator, and Adobe InDesign. James M. Lawson, Senior Planner As a senior planner with more than 18 years of experience, Mr. Lawson will be involved with the preparation of the CEQA-related documents for any project. CITY OF SANTA ANA -ENVIRONMENTAL SERVICES 13 Fareeha Kibriya, Planner Fareeha Kibriya is an urban planner with interests ranging from public and private land planning to policy planning, environmental studies. Her project experience includes specific plans, environmental documentation and entitlement processing. She'll provide project support and assist in preparations of EIR sections. Xiaofan Li, Planner Xiaofan Li has worked on a variety of projects ranging from specific plans, master plans and sustainable workshops. Her experience in comprehensive planning includes data collection and analysis, policy development, land use planning, and preparing planning documents and implementation strategies. She will be available to provide support for the team. EDAW Technical Specialist Team The following EDAW in-house specialists will provide services with the research and the preparation of the technical studies based on the needs of a particular project. Bill Maddux, Air Quality/Noise Mr. Maddux will conduct the air quality and noise studies and prepare reports. Mr. Maddux specializes in acoustics and outdoor air quality projects. Mr. Maddux has 6 years of professional experience and is proficient with various air quality models (e.g., CALINE4, the EMFAC series, HARP, MOBILE6, and the URBEMIS series) and various noise prediction models (e.g., BNOISE, SARNAM, LEQV2, STAMINA 2.0, SOUND32/2000, and FHWA TNM). Sarah Dietler, Cultural Resources Ms. Dietler is able to conduct cultural resources studies and prepare environmental reports. Ms. Dietler is an archaeologist with over eight years experience in cultural resource management in Southern and Central California. She has experience in historic/prehistoric record searches, general historic literature research, historic architectural survey, historic/prehistoric site survey, recordation and excavation, and the preparation of all related cultural resource documentation. EDAW INC CES!GN PLANNING AND ENVIRONMENTS k'�ORLGWICE 4 1 CITY OF SANTA ANA- ENVIRONMENTAL SERVICES Monica Strauss, Cultural Resources Ms. Strauss is a project archaeologist with experience in cultural resources management and has participated in numerous archaeological investigations throughout southern California, the Baja peninsula and the Channel Islands. In addition to having earned a master degree, she has worked in the field of archaeology since 1995. Ms. Strauss will be the team's cultural lead and prepare all archeological and historic resources report. Jeanette Duffels, Biology Ms. Duffels will assist with conducting biological resources reports. Ms. Duffels' skills include identification of plants and plant communities, habitat assessment, and report writing. She has prepared environmental impact analysis for biological resources and threatened and endangered species. She has provided input to technical documents for projects that include housing developments, park improvements, golf courses, and airport expansion. Additionally, she has experience in the restoration of riparian habitat and native -plant nursery operations. Paula Jacks, Biology Ms. Jacks will assist with conducting biological resources studies. Paula Jacks is a senior biologist and permitting specialist and has 14 years of professional experience as an environmental consultant and an additional six years as a research ecologist. Interacting with environmental resource agencies regularly, she is familiar with state and federal permitting processes, jurisdictional limitations, and procedural requirements for compliance with the federal Clean Water Act, the Endangered Species Act, and state and local policies. Dao Lee, GIS Services Ms. Lee is a specialist in Geographic Information Systems and will provide any GIS services needed. She has more than seven years of experience in cartography, 3D modeling, digital database implementation, and spatial analysis and has applied these skills to various projects in land use planning, facilities siting, environmental impact analysis, and transportation analysis. EDAW INC DESIGN PLANNING AND ENVIRONMENTS WORLDWIDE Alexander Quinn, Economics Mr. Quinn has over ten years of planning and economic analysis experience and if needed, can prepare financial implementation strategies and fiscal impact analysis. He specializes in fiscal analysis, public finance, housing policy, affordable housing, and redevelopment. Mr. Quinn uses innovative quantitative analysis techniques to inform policy makers in developing housing, redevelopment, public finance, and land use strategies. Erin Camarena, Economics Ms. Camarena will work with Mr. Quinn in the preparation of any financial implementation strategies and fiscal impact analyses needed. Ms. Camarena is specialized in community planning, policy development, and economic analysis, with an emphasis on sustainability. She has worked on a variety of projects ranging from specific plans, general plans and redevelopment plans. SUBCONSULTANTS Upon receipt of a future project from the City of Santa Ana, EDAW will hire appropriate subconsultants as needed for that particular project. AVAILABILITY CHECK Key project staff will dedicate a percentage of the project effort over the course of any assignment. Time commitment will vary on a weekly basis depending upon the stage of the project. CITY OF SANTA ANA -ENVIRONMENTAL SERVICES 15 Monica Strauss Archaeologist Sarah Dietler Archaeologist ORGANIZATION CHART Environmental Engineer City of Santa Ana Yt. Dao Lee GIS Specialist Project Management Thomas C. Ryan EDAW, Inc. Principal -In -Charge Alia Hokuki EDAW, Inc. Senior Project Manager Document Preparation Team Technical Specialist Team (EDAW, Inc.) (EDAW, Inc.) James Lawson Alexander Quinn Senior Planner Senior Economic Planner Jane Chang Erin Camarena Project Planner Economic Planner ® Fareeha Kibriya Paula Jacks Planner Senior Biologist Xiaofan Li Jeanette Duffels Planner Biologist Monica Strauss Archaeologist Sarah Dietler Archaeologist Bill Maddux Environmental Engineer Yt. Dao Lee GIS Specialist EDAW INC DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE CITY OF SANTA ANA- ENVIRONMENTAL SERVICES 19 03 Scope of Services and General Time Schedule St. Jude Medical Center Rendering by KMD PROJECT APPROACH The City of Santa Ana (City) will be the lead agency and have the principal responsibility for carrying out and approving a project that may have a significant effect upon the environment (CEQA Section 21067). EDAW would work as an environmental consultant to the City and prepare the California Environmental Quality Act (CEQA) required documents (i.e., Environmental Impact Report (EIR)) and/or National Environmental Policy Act (NEPA) documents (i.e., Environmental Impact Statement (EIS)). Under the direction of the City staff, EDAW will prepare an environmental document which represents the proposed project accurately. EDAW believes that a successful CEQA/NEPA process includes establishing frequent and thorough communication with the City, preparing environmental documentation that is consistent with current CEQA/NEPA practices and the City's environmental review process, and achieving the City's objectives relative to use of available project information and technical studies for the proposed project. Our general approach to projects is to commit experienced staff for the duration of the study that will work closely with City staff during preparation and processing of the environmental studies. EDAW will incorporate the particular requirements of the City's environmental review approach, while addressing the specific needs of the project. EDAW would develop a scope of work for the environmental document and support materials that will: • Meet the State/Federal-mandated requirements and recent court interpretations of CEQA/NEPA; • Identify and analyze the relevant issues in a comprehensive manner; • Utilize existing background or baseline information/ reports on which to assess impacts; and • Reflect the identified goals and objectives of the Lead Agency (i.e., City of Santa Ana). SCOPE OF SERVICES AND SCHEDULE OUTLINE The following tasks outline the typical steps in preparation of a project level environmental impact report (EIR) and related work. 1. Project Initiation and Data Collection Initiate project kick-off with the City and consultant team to verify scope and goals of the work program. Refine work program and establish a consensus on project schedule. Begin collecting and gathering data and relevant information from the City, project team, and independent research. Evaluate and identify additional informational needs and sources. Time: 2 weeks 2. Preparation of the Initial Study and Notice of Preparation (IS/NOP) Prepare Initial Study and Notice of Preparation (IS/NOP) including distribution of the Initial Study and NOP for the mandated CEQA review. Discuss environmental topics that may be focused out of the EIR and require no further analysis beyond the Initial Study. After receipt of NOP responses, re-evaluate the scope of the EIR and the environmental topics included in the document. EDAW INC DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE 10 1 CITY OF SANTA ANA- ENVIRONMENTAL SERVICES Attend and/or organize a scoping meeting to get comments on the project and scope of the EIR. Time: 6 weeks (This includes preparation of IS/NOP by EDAW,• review/ comments by the City, and finalizing by EDAW. This does not include the W -day public review period.) 3. Preparation of Screencheck Draft EIR Prepare a complete screencheck Draft EIR for City staff review, in accordance with the California Environmental Quality Act (CEQA) of 1970 as amended, State Guidelines for the Implementation of the California Environmental Quality Act of 1970 as amended and City requirements. The following are different sections of the EIR document: • Executive Summary • Introduction • Project Description • Description of Citywide and Regional Land Uses Relating to the Project • Environmental Setting, Impacts, Mitigation Measures, and Levels of Significance • Alternatives to the Proposed Project • Other Mandatory CEQA Content (Significant Irreversible Environmental Changes That Will Be Involved In the Proposed Action Should It Be Implemented; Growth Inducing Impacts of the Proposed Action, Effects Found Not To Be Significant) • Report Preparation Sources • References • Appendices EDAW INC DESIGN' PLANNING ANC ENVIRONMENTS -WORLDWIDE The environmental topics included in the EIR will be addressed in the following manner: • Introduction • Existing Conditions • Environmental Impacts • Project Impacts • Cumulative Impacts • Mitigation Measures • Unavoidable Significant Adverse Impacts Time: 12 weeks (This includes preparation of technical studies by subconsultants, preparation of screencheck Draft EIR by EDA Wand finalizing the screencheck Draft EIR by EDAW per the City's comments. However, this timeline does not include the City's review time.) 4. Preparation of Draft EIR for Public Review Upon review of the screencheck Draft EIR by the City, incorporate the requested revisions into the document and submit back for a final review by the City. Provide copies of the Draft EIR for distribution to the State Clearinghouse and public in compliance with the mandated 45 -day public review period. Complete the Notice of Completion (NOC) form. Time: 2 weeks (This includes printing time for distribution of the Draft EIR but does not include the 45 -day public review period. This timeline assumes no extensive additional comments by the City.) 5. Prepare responses to comments and Final EIR Prepare response to comments on the Draft EIR, as part of the screencheck Final EIR (in conformance with the requirements of Section 15132 of the CEQA Guidelines). Based upon the comments received during the public review period, prepare revisions to the Draft EIR that will constitute the Final EIR. Revise the Final EIR in response to comments from City staff and distribute the Final EIR to all public agencies commenting on the Draft EIR. Private organizations and individuals that comment on the Draft EIR will receive a copy of the response to their comment(s). Time: 4 weeks (This timeline assumes receiving no more than 20 comment letters. This does not include the City's review time.) 6. Mitigation Monitoring and Reporting Program (MMRP) Prepare a Mitigation Monitoring Program (MMRP), as part of the screencheck Final EIR to ensure that proposed mitigation measures included in the EIR are implemented to reduce or eliminate significant project impacts. Time: 2 weeks 7. Findings of Fact / Statement of Overriding Consideration / Notice of Determination Prepare a statement of findings of fact, as part of the screencheck final EIR, pursuant to Section 15091 and 15093 of the State CEQA Guidelines to balance project benefits against its unavoidable environmental risks. Prepare statement of overriding consideration for impacts that cannot be mitigated. Prepare Notice of Determination (NOD) within one day of project approval, consistent with Section 21108(a) of the CEQA Guidelines. Submit to the City for filing. Time: 3 weeks , CITY OF SANTA ANA -ENVIRONMENTAL SERVICES Ill 8. Public Hearings Prepare for and attend public Planning Commission and City Council hearings as the environmental consultant. If requested, prepare a presentation. Time: 6 weeks Schedule Summary A total of 37 weeks does not include the 30 -day IS/NOP review, City's review time, and the 45 -day Draft EIR public review. However, it should be noted that the tasks listed above are not necessarily sequential and may occur concurrently with one another. EDAW INC DESIGN FLANNING AND ENVIRONMENTS WORLDWIDE 04 Fee Schedule Summerwind Ranch at Oak Valley EIR SCHEDULE OF FEES Effective January 1, 2008 TIME CHARGES HOURLY RANGE Principals $195.00 $350.00 Senior Director $180.00 — 225.00 Senior Associates $145.00 - $205.00 Associates $ 90.00 - $155.00 Professional, $ 60.00 - $120.00 Administrative EDAW's hourly rate schedule is subject to adjustment biannually. REIMBURSABLE EXPENSES Consultants: Cost plus 10% Travel: Current Standard Business Rate per the Internal Revenue Service 5 +7. EDAW INC DESIGN. PLANNING AND ENVIRONMENTS %NORLDWIDE CITY OF SANTA ANA- ENVIRONMENTAL SERVICES 112 Taxes: Any tax and/or fees imposed by a taxing authority based upon gross revenues or sales shall be reimbursable in addition to the fee stated in this contract. Other project expenses: Cost plus 10% Such as: Printing, graphics, photography and reproduction, rental or purchase of special equipment and materials, long distance telephone, fax, special shipping or delivery, and lodging and other travel expenses. INVOICING AND PAYMENT POLICIES 1.) In contracting with EDAW, Inc. for professional services, client warrants that funds are available to compensate EDAW for the total amount of services and expenses contracted and that these funds are neither encumbered nor contingent upon subsequent granting of approvals, permits or financial commitments by lending institutions or other third parties. 2.) Invoices are submitted by EDAW each four weeks (not necessarily falling on the first or last day of the month). Client shall notify EDAW, in writing, of any and all objections, if any, to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed proper and acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. Client's account will be considered delinquent if EDAW, Inc. does not receive full payment within thirty (30) days after the invoice date. 3.) A service charge will be applied at the rate of 1.5 percent per month (or the maximum rate allowable by law) to delinquent accounts. Payment thereafter will be applied first to accrued interest and then to the principal unpaid by the Client. Client shall pay all costs and expenses, including without limitation, reasonable attorneys' fees and expenses incurred by EDAW in connection with the collection of delinquent accounts of Client. 4.) If a delinquency by Client occurs, EDAW, Inc. may choose to suspend work. If such a decision to suspend work is made, EDAW, Inc. will notify Client in writing. EDAW may choose to recommence work once a delinquency is completely cured and any and all attendant collection costs, fees, increases in costs or fees, or other amounts required EDAW INC DESIGN. PLANNING AND ENViRONMENTS WORLDIN'IDE 13 1 CITY OF SANTA ANA -ENVIRONMENTAL SERVICES to be paid by Client under this agreement are made in full. If a delinquency by Client occurs and EDAW, Inc. chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client agrees and understands that if EDAW, Inc. decides to so suspend its work, EDAW shall not be liable for any costs or damages, including but not limited to delay and consequential damages, to the Owner, Client, or any other third party, that may arise from or be related to such a work suspension. Client agrees to hold EDAW, Inc. harmless from and completely indemnify EDAW from and against any and all damages, costs, attorney's fees, and/ or other expenses which EDAW, Inc. may incur as a result of any claim by any person or entity arising out of such a suspension of work. Additionally, EDAW, Inc. maintains the right to withhold instruments of professional service pending payment. 5.) If any litigation, arbitration, or other legal action arising out of this contract ensues, the prevailing party shall be entitled to, without limitation, reasonable attorney's fees, expenses, expert fees, and costs. 6.) When non standard billing is requested, time spent by office administrative personnel in preparation is a cost to the project and charged as technical labor. LIMITATION OF LIABILITY EDAW's liability for damage on account of any act, error, omission or other professional negligence shall be limited to a sum not to exceed $50,000 or our fee, whichever is less. EDAW INC DESIGN PLANNING AND ENVIRONMENTS WORLDWIDE 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: 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 JUL.11.2008 9:09AM N0, 1796 P. 1 MARSH CERTIFICATE.OFINSURANCE �0T-0006849e2-01 A-2008-110 PRODUCER THIS CERTIFICATE IS ISSUED AS A PATTER OP WPORMAYION ONLY AND CONPERS Marsh Risk & Insurange Services NO RIONTS UPON THE CERTIFICATE HOLDER OTHER THAN TH08E PROVIPFP IN THE CA Lkanse'X0437153 POLICY. THIS CERTIFICATE DOES NOY AMIND, EXTEND OR ALTER TWE COVERAGR 777 $oulh Figueroa Street AFFORDED 0T THE FOLIGEB DESCKIND HEREIN. Los Angeles, CA 80017 Altn: Lori Bryson 213-346.5464 CO ANTES A FORDING CO E AGE COMPANY 5108-PRriF•CAS2-08 09 - — A ZURICH AMERICAN INSURANCE COMPANY INSURED T COMPANY �~ -� �+-• �y�-J�-� EDAW, INC; B N/A 2737 CAMPUS DRIVE --�--�- .--• _—.__..__._� _��-- COMPANY IRVINE, CA CA 92612 C NIA COMPANY D Illinois Union Insurance Co COVERAGES PHIS 4 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO T11E INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMON Op ANY CONTRACTOR OTHER DOCUMENT VHTH RESPECT TO VaHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED HY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDMONS ANO EXCLUSIONS 00 SUCH POLICIES, AGGREGATE LIMITS SHORN MAY HAVE BEEN REDUCED BY PND CLArma. CD LYR TYPE OF INBURARGE POLICY NUMBER POUCY EPFIECYNE DATE (MMMONY) POLICY EXPIRATION DATE (NNIDONY) T� UMfTB F A OEHERALLIAlilUTY GLO 5965691 00 04/01/OB 04/61/09 GENERALAGGREGATE $ 2�000,DOO X COMMERCIAL GENERAL LIABILITY PRODUCTS-COW1OP AGO S 4,000,000 CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OMFR'S & CONTRACTOR'S PROT FIREOAMAGE oAef1m $ 11000,01DO - •--�—�— IED FLP oro 4 $ 5,000 A A��uToMoef uAEIuTY BAP 6$6588300 04/01A)B 04/01/09 COMBINED SIN(iL[iLIMIT $ 1,000,000 � J 1 11l ANYAUYQ ALL OWMED AUTOS SCHEDULED AUTOS f BODILY INJURY (Per person) $ BODILYMnI) $ HIREDAVrOS I NDN OMED AUTOS !Per eCCitlentj PROPERTY DAMAGE $ GARAGE LIABILITY _AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDE $ . ..,. ,. P, - ---� - - .-ter.—,.�...�.�.. AGGREGATE EXCE88 LIABILITY k. $ EACH OCCURRENCE S yMSRELLA FOMe AeGREGATE $ OTHER THAN 1JN9RELLA FORM $ �- WORKER3 OMPENSATi A D EIKPLOYFR5'UA9tUTY _ TORYLIMITS IER THE PROPRIETOR! EL EACH ACCIDENT S EL DISEASE POLICY LIMrr $ INCL PARTNERSMXECUTWE EL DISEASE EACH EMPLOYEE a OFFICERSARE E(CL I $1,OOD,000 D ARCHITECT$ & ENG. EON G21654693 002 04/01/08 04101/09 PER CLAIMIAGGREGATE PROFESSIONAL LIABILITY """'CLAIMS MADER"" DEFENSE INCLUDED OEBCRIPTIAN OF OPERATION81LOCATIONSNENICLES(SPECIAL ITEMS THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIONS ARE NAMED AS ADDITIONAL INSURED FOR GL & AL COVERAGES, BUT ONLY AS RESPECTS WORT( PERFORMED 9Y OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HQLDER CANCKLATIQN SHOULD ANY OF THE POLIME8 OECCagDtiD HEREIN DE CANCCLLED UEFORE THE EXPIRATION DATE THEREOr CITY OF SANTA ANA THE WSURER AFFORDING COVERAGE VAU, ENDEAVOR TO MAIL I DAYIS WRIYTEN NOTFUC To THF 20 CIVIC CENTER PL,W OM HE CERTIFICATE HOLNAM10 REIN, BW FAILURE TO MNL SUCH NOTICE WIX IMP08E NC 68LIGATION OR SANTA ANA, CA 92701 UAWLJTVOrANYKWDUDONTI,IEINSURERAWORDINOCOVERAOE,ITBAOENT80RREPRESENTATIVESORTHE I98UER OF TTUB CERTIFICATE AUYHOIUZE4 REP#EeENT IIYe WMArgh AI an O7TYkee av; Datria4ia Dapinihan hUht7(a102j VAUD AS OF:07/10/08 JUL.11.2008 9:10AM EDIT $ i.� i • IP r 1 ' ' .� � N$I Insurance Company MW AIRUN WFMM Cr?PAW N0, 1796 P. 2 This endorsement modifies such insumce as is afforded by the provisions of Policy # CSA 9965891.0D `relating to the following: 1. T110 City of Santa A=, 20 Civic Canter 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 Ott behalf of the named amued. 2. With respect to claims arising out of the operations and uses performed by or on behalf of tho named insured, tmuh 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. Thin ftmiranee applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of habIty, The inchwion of any person or organization as an insured shall not affect any Tight which such parson or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall z3ot be cancelled, or materially reduced in coverage or limits except ager thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center PIaza, Santa Ana, California 92701. (C"Vlotion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to 4/1,/05 to 4/1./09 MOS this endorsement form as a part of Named Insured Countersigned by Authorized Repr entative ACORDra CERTIFICATE OF LIABILITY INSURANCE 4/1/2009 DATE (MM/DD/YYYY) 7/8/2008 PRODUCER Lockton Companies, LLC -L Los Angeles 19800 MacArthur Blvd., Suite 550 CA License #OF15767 Irvine CA 92612 949-252-4400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED EDAW, Inc. 1075642 AECOM Technology Corporation 2737 Campus Drive Irvine CA 92612 INSURER A: New Hampshire Insurance Company 23841 INSURER B: Insurance Company of the State of PA 19429 INSURER C: INSURER D: INSURER E: COVERAGES AECTE01 OE THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING A TH R RE NT PR D E AND H T H DPR 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 ADVL POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ XXXXXXX COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ XXXXXXX MED EXP (Any one person) $ XXXXXXX CLAIMS MADE 1:1 OCCUR NOT APPLICABLE PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ XXXXXXX PRO - POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXXXXXX ANY AUTO (Ea accident) BODILY INJURY $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS NOT APPLICABLE (Per person) BODILY INJURY $ XXXXXXX HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX ANY AUTO AUTO ONLY: AGG $ XXXXXXX EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX OCCUR ❑ CLAIMS MADE ❑ UMBRELLA NOT APPLICABLE $ XXXXXXX DEDUCTIBLE FORM $ XXXXXXX $ XXXXXXX RETENTION $ A WORKERS COMPENSATION AND WC1929178 (AOS) 4/1/2008 4/1/20092i TORY L MTU- OER A EMPLOYERS' LIABILITY WC 1929179 (CA) 4/1/2008 4/1/20091000000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ > > A OFFICER/MEMBEREXCLUDED? WC1929181 (FL) 4/1/2008 4/1/2009 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 It yes desenbe under E.L. DISEASE -POLICY LIMIT 1 $ 1,000,000 A SPECIAL PROVISIONS below NO WC 1929182 (OR) 4/1/2008 4/1/2009 A OTHER WW WC1929184OH WA,WI,V,Y 4/1/2008 4/1/2009 Statutory Limits - See Above A Worker's Compensation WC1929183 TX))' 4/1/2008 4/1/2009 B WC1929180 Mtn) 4/1/2008 4/1/2009 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECNL PROVISIONS 3710166 City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR For questions regarding this certificate, contact the number listed in the'Producee section above and sp" the CI&God�AECTE(Ii. 0 ACORD CORPORATION 1998