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HomeMy WebLinkAbout25F - AGMT - WARNER AVE WIDENING s REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 2, 2012 TITLE: APPROVED AMENDMENT TO AGREEMENT WITH ? As Recommended THE PLANNING CENTER FOR ? As Amended ? Ordinance on 15f Reading ENVIRONMENTAL SERVICES FOR THE ? Ordinance on 2nd Reading WARNER AVENUE WIDENING FROM ? Implementing Resolution MAIN STREET TO GRAND AVENUE ? Set Public Hearing For (PROJECT NO. 091749) CONTINUED TO L~ FILE NUMBER C TTY ANAGER i RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment No.5 to the agreement with The Planning Center, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide environmental services for the Warner Avenue widening from Main Street to Grand Avenue, in the amount of $44,415 plus a contingency of $31,653 for a total agreement not to exceed $575,000 and extend the term of the agreement to December 31, 2013. DISCUSSION On June 2, 2008, the City Council awarded a contract to The Planning Center to provide environmental services and related technical studies for the City. On February 17, 2009, the Public Works Agency utilized The Planning Center under Amendment No.1 to prepare preliminary engineering and environmental documents in accordance with the California Environmental Quality Act (CEQA) for the Warner Avenue widening between Main Street and Grand Avenue. The CEQA preparation is underway and was scheduled to be circulated for public review in June 2012. Subsequently, the City extended the term of the agreement at the end of each fiscal year (2010 to 2012) through Amendments Nos. 2, 3 and 4. The City is updating its Circulation Element to incorporate Complete Streets policies (roadways designed and operated to enable safe access and mobility for all travelers). To make the CEQA documents for the project consistent with the Circulation Element update, additional analysis is required by The Planning Center. The original scope of services needs to be amended to include additional preliminary engineering, environmental, and public outreach services for a total of $76,068 and the term of the agreement needs to be extended from June 30, 2012 to December 31, 2013. 25F-1 Agreement with The Planning Center for Environmental Services for the Warner Avenue Widening April 2, 2012 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Transportation System Improvement Area E fund (accounting unit 03417660-66220, project 091749) APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG/KN Exhibit: 1. Project Location Map 2. Agreement Amendment No. 5 25F-2 - - GLAND AV - - a W Z -a 3 (SCALE NTS) STANDARD AVE II I - II I a W Z m Q 3 KILSON DR MAPLE ST Z IL = Ir I MAIN ST ® PROJECT AREA ~~t~cNR EXHIBIT 1 SANTA ANA TRW I CITY COUNCIL AGENDA AMENDMENT TO AGREEMENT WITH THE PLANNING u DATE: WARNER AVENUE WIDENING FROM MAIN STREET TO PUBLIC ~Y APRIL 2, 2012 GRAND AVENUE (PROJECT NO. 091749) 0 r% r. 2 25F-4 AMENDED AND RESTATED AGREEMENT FOR PROVISION OF ENVIRONMENTAL CONSULTING SERVICES THIS AGREEMENT, made and entered into this 2nd day of April, 2012 by and between The Planning Center, 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 and Consultant entered into Consultant Agreement A-2007-167, dated June 18, 2007 (hereinafter "said Agreement"), by which Consultant has provided environmental review and consulting services on an on-call basis. B. The term of said Agreement has been extended through June 30, 2012. C. By Authorization dated February 17, 2009, Consultant has commenced services necessary for the engineering and environmental review the Warner Avenue Widening Project (hereinafter "said Project"). D. The City has requested additional engineering and environmental review to accommodate different Project approaches, which will result in the provision of additional services by Consultant. E. The Parties desire to amend and restate the Agreement for provision of engineering and environmental services related to the Warner Avenue Project. 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 perform engineering and environmental review services for the Warner Avenue Widening Project, as set forth in Consultant's Proposal dated January 26, 2009, attached hereto as Exhibit A to this Agreement, and incorporated by reference. Consultant shall provide the additional engineering and environmental review necessary to review the additional alignment and street width options to comply with complete streets requirements and update the environmental, air quality and traffic analyses, as set forth in Consultant's Proposal dated February 10, 2012, attached hereto as Exhibit B and incorporated by reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 25k 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any 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 information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and 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. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for all services set forth in Section 1, above, an amount of $543,347, as set forth in Exhibit C, attached hereto and incorporated by this reference. City may authorize in writing, additional services at the hourly rates set forth in Exhibit C, Fee Schedule. The total amount to be expended pursuant to this Agreement, including a contingency for additional authorized services, shall not exceed $575,000, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on City's acceptance of all services, unless terminated earlier in accordance with Section 14, below. 6. 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. 20-6 7. 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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, and $2,000,000 in the aggregate. 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. 25F-7 8. 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 death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct of Consultant arising from 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 the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. 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. 10. 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. 11. 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 facsimile 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 zl. 25F-8 Fax 714-647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Consultant: The Planning Center 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 Fax 714-966-9221 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 facsimile, 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. 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. 5 25F-9 14. 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. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. 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. 16. 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. 17. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 25F610 c. 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. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR PAUL M. WALTERS Clerk of the Council Interim City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney THE PLANNING CENTER RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II JOANN C. HADFIELD Executive Director Director, Environmental Services Public Works Agency 25F-11 25F-12 EXHIBIT A CONSULTANT PROPOSAL JANUARY 26, 2009 8 25F-13 INSURANCE ON FILE WORK MAY PROCEED A-2008-139 UNTIL INSURANCE EXPIRES 7- -c CLERK OF COUNCIL DATE: Aura 15 ZOOS FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on June 2, 2008, by and between THE PLANNING CENTER, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2007-167, dated June 18, 2007, (hereinafter "said Agreement") by which Consultant has provided environmental consulting services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and amend the Scope of Services and Fee Schedule to reflect additional staff and increased fees during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall provide traffic/ transportation technical study services pursuant to 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 to this First Amendment to Agreement as Exhibit A-1 and incorporated by reference. Said services shall be provided at request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney." 2. Section 3.a., COMPENSATION, shall be amended by replacing the fee schedule set forth in Exhibit A with the new fee schedule set forth in Exhibit A-1, attached hereto. 3. Section 3, TERM, shall be amended to extend the termination date to June 30, 2009 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25F-14 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: PATRICIA E. HEA Y DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: us Laura heedy Assistant City Attorney THE PLANNING CENTER '1-0-'A WE HADFIELD Director/ ` WILLIAM HALLIGAN, E Vice President i 25F-15 i 25F-16 EXHIBIT A-1 SCOPE OF SERVICES I 25F-17 PLANNING CENTER Governmental Services Planning & Urban Design Environmental Studies School Facilities Planning 1580 Metro Drive i April 10, 2008 Costa Mesa, CA 92626 Phone: 714.966.9220 Mr. Pedro Guillen Fax: 714.966.9221 City of Santa Ana Planning & Building Agency www.planningcentercom 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Re: Statement of Qualifications to Provide Environmental Services to the City of Santa Ana Dear Mr. Guillen: Although mostly built-out, the City of Santa Ana is characterized by a diversity of projects, including a variety of community projects, commercial development, redevelopment and restoration projects, ongoing public works upgrades, and civic center projects. It is also characterized by a well-informed citizenry. The Planning Center understands the importance of defensible environmental documentation and just as importantly-strict adherence to process under the California Environmental Quality Act (CEQA). We submit the enclosed Statement of Qualifications in accordance with the City's Request for Qualifications. The Planning Center has enjoyed our ongoing working relationship with the Planning Department and looks forward to the possibility of also supporting other City Departments in complying with CEQA requirements. Our staff experience on City projects includes preparation of the MacArthur Place Mixed-Use Urban Village EIR, the Xerox Center EIR, and the Fairview Road Widening project. The Planning Center is also currently preparing the City of Santa Ana's 2008-2014 Housing Element Update. This experience has provided us with specific knowledge of the City staff, City Council and Commissions, citizen groups, and CEQA policies and procedures. The Planning Center has a depth of resources to meet the City's environmental services needs. We currently employ approximately 85 individuals, more than 70 of whom are professional staff, including in- house specialists in air quality, noise, and site assessment. In conjunction with preparation of project- specific technical studies, our specialists also are available to provide peer review of technical studies ' prepared by others. William Halligan, Esq., Vice President, Environmental Services, is proposed to serve as Project Director ' for environmental services to the City. Bill has been involved in the preparation of over 100 environmental documents during his career and serves as a frequent guest lecturer on CEQA and associated case law. He is a member of The State Bar of California, specializing in environmental and land use law. JoAnn Hadfield, Director, Environmental Services, is proposed as Project Manager for this project and key contact person for the City. With a background in urban planning and civil engineering, she complements Bill's legal background. A recognized CEQA expert, JoAnn has over 25 years of CEQA experience and frequently participates in CEQA panels for the Association of Environmental Professionals. 25F-18 City of Santa Ana April 1&, 2008 Page 2 of 2 The Planning Center declares that the only person, persons, company, or parties interested in the proposal as principals are named herein. The proposal is made without collusion with any other person, persons, company or parties submitting a proposal, and it is in all respects fair and in good faith without collusion or fraud. The signers of the proposal have full authority to bind the principal proposer. The Planning Center looks forward to the opportunity to continue service to the City of Santa Ana in providing timely, defensible, and cost-efficient environmental documentation. Respectfully submitted, T WE PLANNING CENTER Dwayne Me rs, AIC Principal, vironmental Services THE PLA NING CENTE THE PLANNING CENTER 0~. William Halligan, Esq. JoAnn C. Hadfie Vice President, Environmental Services Director, Environmental Services 25F-19 L,z 7- 1. Introduction his proposal presents the Qualifications of The Planning Center to provide and conduct environmental consultant services T T his the City of Santa Ana. We have prepared this package in response to a City reQuest for proposals for environmental consultants. The City of Santa Ana's Planning and Building Agency Department maintains a master list of EIR consultants, and it is our objective to be placed upon that list for future environmental consultant needs. It is our understanding that the City will direct all RFPs to those selected consultants on the list for all of their environmental work. Our designated Project Managers, William Halligan, EsQ, Vice President, Environmental Services, and JoAnn C. Hadfield, Director, Environmental Services, Costa Mesa Office, have an extraordinary amount of experience preparing environmental documents. Bill has been involved in the preparation of over 100 environmental documents during his career and serves as a freQuent guest lecturer on CEQA and associated case law. He is also a member of The State Bar of California, specializing in environmental and land use law. JoAnn's public and private sector experience encompasses policy planning; site-specific, community, and regional land use planning; and entitlement and regulatory permit processing. Her experience also includes coordination and processing of regulatory permits through her working knowledge and ongoing relationships with myriad federal, state, regional, and local agencies. The Planning Center has experience with the City of Santa Ana, having prepared the MacArthur Place mixed-use "urban village" EIR the Xerox Center EIR, and currently working on the Village Green EIR to name a few. The Planning Center's previous experience preparing environmental documents for the City of Santa Ana has provided us with an exceptional knowledge of City staff, City Council and commissions, citizen groups, the City's General Plan, Zoning Ordinance, CEQA policies and guidelines, and significance thresholds. The Planning Center is also currently preparing the the City's 2008-2014 Housing Element Update. The Planning Center staff is well experienced with the preparation of environmental documents and looks forward to continuing its relationship with the City of Santa Ana. Legal Entity: The Planning Center is a California Corporation. Taxpayer ID: 95-2975827 NONDISCRIMINATION In compliance with state and federal antidiscrimination laws, The Planning Center does not exclude or discriminate on the basis of race, color, national origin, or sex in consideration of contract award opportunities. In addition, The Planning Center will consider, and utilize subconsultants, bidders, and vendors in a manner consistent with nondiscrimination objectives. - SUBCONSULTANTS The Planning Center has ongoing relationships with several consulting firms, including several high profile firms within close proximity to our headQuarters. Once contacted by the City of Santa Ana for a specific project, we will select the technical subconsultants necessary for the successful completion of the reouested scope of services from the City's list of Qualified consultants. The Planning Center may also bring in other firms not included in this list, when necessary to provide specialized expertise. Qualifications to the City of Santa Ana THE PLANNING CENTER Page I 25F-20 S: 2. FIRM QUA CATIONS 2. Firm Qualifications ince its founding in 1975, The Planning Center has been devoted to developing viable, imaginative:p bg plutions"to S the physical, social, economic, and environmental challenges that arise from urbanization. We are a private consulting firm providing multidisciplinary services to both governmental agencies and the private sector. We provide assistance to local, state, and federal government agencies and to the private sector, navigating our clients through the myriad regional, state, and federal planning and environmental requirements. The Planning Center currently employs approximately 100 individuals, 80 percent of whom are professional staff. They possess the qualities, capabilities, and experienceyou need for any assignment. Our mission is to create better places, in collaboration with our clients, for people to live, work, learn and enjoy their lives. • Policy and general plan preparation • Environmental Analysis • Policy and regulatory specific plan preparation • EIR and EIS preparation • Land use and site planning • Site assessment services • Landscape architecture • Air quality planning • Design guidelines • Air quality assessments • Redevelopment and rehabilitation plans • DTSC compliance • Housing elements • CDE and Title S requirements • Congestion management planning • Health Risk Assessments • Computerized planning system applications • Building Health Assessments • Economic and Financial Services • Methane Mitigation • Remediation Services Specific environmental services of The Planning Center include: California Environmental Quality Act (CEQA) Environmental Science and Engineering Services • Negative Declarations (NDs) • Air Quality Studies • Initial Studies (ISs) • Noise Studies • Environmental Impact Reports (EIRs) • Phase I Environmental Site Assessments (ESA) • Mitigation Plans and Mitigation Monitoring Plans • Preliminary Environmental Assessments (PEA) • Regulatory Agency Coordination and Review of National Environmental Policy Act(NEPA) Environmental Documents • Findings of No Significant Impact (FONSI) • Health Risk Assessments (Toxic Air Emissions) • Environmental Assessments (EAs) . Geohazard Studies • Environmental Impact Statements (EISs) • Railroad Risk Studies • Section 4(F) Evaluations • Pipeline/Water Storage Tank Risk Studies Community Involvement • EMF Management Plans • Environmental Issue Scoping N • Methane Mitigation • Committee Workshops • Asbestos and Lead Management • Public Hearing Presentations Qualifications to the City of Santa Ana THE PLANNING CENTER Page 2 25F-21 ' r F t ~3 r S i. Staff Assistance Exhibits/Graphics • Document Preparation • AutoCAD a • Environmental Program Management • Geographic Information Systems (GIS) • Third-Party Review/Expert Witness • Visual Simulations, including D Shade/Shadow • RFP Preparation Anais r X • Resolutions and MOUs • Statements of Findings and Overriding Considerations 2.1 Office Locations and Primary Contacts COSTA MESA Corporate Headquarters 1580 Metro Drive Costa Mesa. CA 92626 Tel: 714.966.9220 Fax: 714.966.9221 LOS ANGELES INLAND EMPIRE 9841 Airport Boulevard, Suite 1010 2131 South Grove Avenue, Suite A ' Los Angeles, CA 90045 Ontario, CA 91761 Tel: 310.670.9221 Fax: 310.670.9S 12 Tel: 909.930.1380 1 Fax: 909.930.1365 COACHELLA VALLEY UTAH 69930 Highway 111, Suite 105 136 West 12300 South, Suite 200 Rancho Mirage. CA 92270 Draper, LIT 84020 Tel: 760.324.4996 1 Fax: 760.324.4665 Tel: 80 1.553.8822 I Fax: 801.53 3.8823 PRIMARY CONTACTS William Halligan, EsQ. IoAnn C. Hadfield Vice President, Environmental Services Director, Environmental Services, E-mail: whalliga@planningcenter.com Costa Mesa Office Extension 348 E-mail: jhadfieldP_plannin&center.com Extension 319 i y. 1 Qualifications to the City of Santa Ana THE PLANNING CENTER Page 3 25F-22 I 2.2 Our Commitment to You Full Range of Professional Service. Most clients who use planning and research services in to~ qY s highly charged governmental decision-making environment need a diverse team of highly trained and experienced prof6si onals. Recognized Excellence. The Planning Center is recognized as one of the top west coast planning firms and Is noted For the Quality of its work. The firm's reputation for excellence in land use planning and design is its trademark. Your need for excellence and Quality is well served by our established reputation, earned through the firm's consistent production of effective, achievable plans and programs. The Planning Center has never refused to complete a contract and will not accept other projects that may represent a conflict of interest. Depth of Staff. The Planning Center's key personnel have substantial experience with the different levels of government, resulting in an ideal team to address the critical challenges posed by emerging planning reQuirements. You can call upon us to assemble the multiple disciplines foryour project into an integrated framework under the direction of our principals. We offer a broad range of in- house technical expertise to assist you in solving your difficult environmental problems and meeting the requirements of regulatory agencies. Principal and Senior Project Management Involvement. The principals' involvement in each project ensures efficient management, critical attention to detail, and the greatest possible pool of experience. We consider it essential that the principals and senior project managers have hands-on involvement with the project from start to completion. Responsiveness to Client Needs. We understand the importance of project timing and adherence to project schedules. We are freQuently reQuired to work within tight project schedules. With a staff of over 85 people, we have the ability-to arrange staffing assignments and resources to meet our clients' needs. Creative and Workable Solutions. Even projects that share common elements benefit from a fresh evaluation. We take a creative approach to our projects, considering each one objectively and using all our experience and imagination to formulate a plan and programs that are workable. Governmental Services. Uniting public- and private-sector interests in a dynamic urban development setting is a formidable challenge. The Planning Center is acknowledged for coordinated public planning strategies and practical solutions to the complexities of private/public cooperation. Our team of experienced, knowledgeable professionals is technically proficient in numerous areas, assuringyou of competent, expert support. Recognition. Al of us enjoy being told that we have done our job well. Formal recognition for professional Quality work is a grating acknowledgement of ongoing excellence. By meeting the challenge to do Quality work foryou, The Planning Center has succeeded in being recognized by local governments, the land development industry and professional associations. As rewarding as this type of recognition of planning achievement is, our greatest satisfaction comes from the ongoing relationships with those we serve. You are the ultimate judges of our firm's service. 2.3 Our Approach to Environmental Planning Environmental analysis is not simply the accounting of hppacts, but should address serious environmental concerns and find opportunities to solve problems. We believe it is an integral part of the planning process and belongs in the initial stages of any Qualifications to the City of Santa Ana THE PLANNING CENTER Page 4 25F-23 2. FIRM QUALIFICATIONS 1 project development. The Planning Center's approach to environmental studies combines creative proAm"I ,accur, and attention to detail. Our obligations to our clients include the following. Quality. We value our reputation as a Quality firm, providing Quality products and services to Quality cl e ts. To maintain the`Y highest levels of Quality, The Planning Center exercises Quality control procedures wherein all protect staff c ~etake par_i in `y Quality control. See Section 2.5 below for details on these procedures. Professionalism. Our clients deserve high-Quality work-objective, unbiased reporting and impeccable accuracy of detail. EQually important, we strive to stay on the leading edge of our profession. Defensibility. CEQA is constantly changing through court interpretations, statutory amendments and amendments to the guidelines. The Planning Center closely tracks these changes to ensure that its environmental documents are legally adeouate. Timely Performance. Criticisms of CEQA are often related to the amount of time needed to satisfy its reQuirements. We pride ourselves in our ability to apply the resources necessary to satisfy our commitments. The Planning Center has a tremendous amount of resources from which to rely on. We have over 100 employees within our five offices. As a result, we have the ability to pull in additional staff when necessary to maintain very demanding schedules at no additional cost to the City. 2.4 Quality Control To ensure the highest level of Quality in the documents produced by the firm, we have established a number of procedures that T are strictly followed for each project to ensure that all deliverables are free of errors. Each employee, highly skilled in his or her own area of expertise, makes passes through each document at various stages before a document leaves the building, ensuring accuracy and consistency in content and format. Our goal is for each project team to work as a "well-oiled machine" to efficiently provide the best products and services. The chain of Quality control measures is as follows: ? The Project Manager (PM) meets with technical (research/writing) staff and graphics staff to make assignments and communicate deadlines. ? Technical staff work on their portions, remaining in regular contact with PM, who fields any Questions. In this way, the y, PM remains abreast of any issues that may arise and can deal with them in a timely manner. ? Graphics staff utilize company graphics templates to ensure consistency between document graphics and text pages. We produce projects in- house, rather than sending out to a service bureau, so that we can ensure an even higher level of quality control, as well as reduced costs to our clients. ? The PM folds the various sections together, carefully reviewing, correcting, and refining content and making into one cohesive document. ? The PM submits the document to technical editing staff, who look for and correct inconsistencies and grammatical errors and report oversights to the PM. ? The PM submits the document to word processing (WP) and graphics staff for formatting. WP prints the document for the PM. ? The PM reviews the document again and submits to a technical Quality control officer (Principal or Director), who thoroughly reviews the document. fications to the City of Santa Ana THE PLANNING CENTER Page S 25F-24 2. FIRM QUALIFICATIONS G'• ? The PM collects Principal's and/or Director's comments and incorporates changes accordmgly.~ ? PM submits document to WP and Graphics, who again follow respective Checklists. WP pnnts;the document for the PM, and Graphics staff prints graphics. ? PM reviews and assembles the text document and graphics, and submits to Production Staff (copying/bmding). ? Production Staff thumbs through the document page by page to ensure that all graphics are present~and in proper place, reporting any errors to PM. Production Staff submits copies to PM. ? PM makes the last page-by-page pass through the document. The Planning Center has invested a number of high Quality, high-speed copy machines, including color machines, as well as folding and binding machines. Because we produce our projects in-house, we can ensure a higher level of Quality control and reduced costs to our clients. The Planning Center believes these Quality control procedures ensure the highest Quality and in a most efficient (affordable) manner. a;. w ' k. Qualifications to the City of Santa Ma THE PLANNING CENTER Page 6 25F-25 It lei M111111 3. Key Personnel u r 10 e Planning Center assembles teams of highly trained, experienced, and motivated planners from Er''"-o managers and environmental specialists to fit the specific needs of each project. Outside consultants may be added'to- he Team to cover certain technical areas. Dwayne Mears, will serve as Principal-in-Charge of Environmental Services. An organizational chart with key staff members and possible subconsultants can be found on the next page. DWAYNE S. MEARS, AICP Principal, Environmental Services Dwayne Mears manages the Environmental Services staff, coordinates multidisciplinary project teams, has expert knowledge in CEQA compliance and litigation support, and works to maintain Quality control. He has managed and/or overseen more than 500 CEQA industrial projects for the City of Industry. Dwayne has also directed assignments for over 450 new and expanding schools. In addition, Dwayne's extensive experience includes environmental compliance documents for a wide variety of projects, including, but not limited to: • industrial facilities • major entertainment complexes a hazardous waste facilities • residential communities • major storm drains • mixed-use and commercial properties reclaimed water facilities • regional shopping centers • wastewater treatment projects • schools and colleges • roadway and freeway improvements • medical and healthcare centers WILLU?M HALLIGAN, ESQ. Vice President, Environmental Services In his public and private sector planning experience, Bill Halligan has prepared environmental documents for a diverse range of projects. He also provides third-party review for legal adeouary. Bill is an active member of the American Bar Association and the Orange County Bar Association, and serves as Chapter Director of the Orange County Chapter of the Association of Environmental Professionals (AEP). Bill also serves on the AEP State Legislative Review Committee. He is a freQuent guest lecturer on CEQA and associated case law for AEP's CEQA Workshop Series, LIC Irvine's Graduate School of Management Program, and Cal Poly, Pomona. Bill's legal background and experience allow environmental documents prepared by The Planning Center to continually withstand legal challenge. JOANN C. HADFIELD Director, Environmental Services, Costa Mesa Office Focusing on CEQA and NEPA compliance services, ?oAnn Hadfield has prepared environmental documents for hundreds of projects, including highly technical, controversial, and large-scale EIRs/EISs. These diverse projects have spanned major commercial, residential, industrial, and infrastructure projects. loAnn is well versed in managing the entire environmental process, including project scoping, environmental documentation, public noticing and participation, and resource permitting. ti alifications to the City of Santa Ana THE PLANNING CENTER Page 7 25F-26 The Planning Center 2008 Standard Fee Schedule Staff Level Hourly Rate Principal $200-$250 Director/Team Leader $150-$200 Sr. Planner/Scientist/Designer II $130-$200 Sr. Planner/Scientist/Designer 1 $110-$150 Associate Planner/Scientist/Designer II $1004125 Associate Planner/Scientist/Designer 1 $904105 Assistant Planner/Scientist/Designer II $75495 Assistant Planner/Scientist/Designer I $60-$75 GIS/CAD Operator 11 $954130 GISICAD Operator 1 $85-$100 Graphic Artist II $75-$125 Graphic Artist 1 $65485 Planning Tech nician/lntern $55-$75 Technical Editor $90-$95 Word Processing $70-$80 ClericaUAdministrator $55-$95 Third-Party CEQA Review $200 Expert Witness 2 x Normal Hourly Rate Other direct costs are billed at cost plus 12.5%. Mileage reimbursement rate is the standard IRS-approved rate i 25F-27 1 NNN DATE (MM/DD/08 ACORD CERTIFICATE OF LIABILITY INSURANCE PLANOP ID -1 06/30 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (Lic-OC36861) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 3280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i Bernardino CA 92413-3280 one: 909-886-9861 Fax: 909-886-2013 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: praetorian Insurance Co (How) A~200gA39 INSURER B: Evanston Insurance Co (PTN Plannin Center Inc INSURER C: General Ina Co of America (SAP 39012 1580 Metro Drive INSURER D: Safeco Insurance Com an 24740 Costa Mesa CA 92626 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. LTR NS TYPE OF INSURANCE POLICY NUMBER DATE MMIDDrYY DATE (MMIDDIMN LIMITS GENERAL LIABILITY EACH OCCURRENCE $5,000,000 B X X COMMERCIAL GENERAL LIABILITY OBPKGM0041 07/01/08 07/01/09 PREMISES Eaoccurence) 550,000 CLAIMS MADE X 1 OCCUR MED EXP (Any one person) s5,000 _ PERSONAL d ADV INJURY $5,000,000 GENERAL AGGREGATE $5,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $5,000,000 POLICY ' P£ O LOC i AUTOMOBILE LIABILITY COMBINED C X ANY AUTO 01CH8545351 07/01/08 07/01/09 (EaaccidetSINGLELIMIT 51,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS 7 (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG E EXCESSIVMBRELLA LIABILITY EACH OCCURRENCE f 4 , 000 , 000 D OCCUR F7 uAIMSMADE OIXS1497242 07/01/08 07/01/09 AGGREGATE s4,000,000 OVER AUTO $ DEDUCTIBLE & EL ONLY $ X RETENTION _$10r000 $ WORKERS COMPENSATION AND X TORY LIMITS ER A EMPLOYERS* LIABILITY P0011020036446 07/01/08 07/01/09 E.L. EACH ACCIDENT $1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE r r OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE S 1 , 000 , 000 M yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1 , 000 , 000 OTHER C Property 02CE1731802 07/01/08 07/01/09 Pollution $5,000,000 8 Pollution/Prof OBPKGM0041 07/01/081 07/01/09 Prof $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Operations pertaining to named insured for certholder; Professional Liab includes E60 Coverage. Certholder its officers, agents, employees and volunteers are addrl insd/prim wrdg/waiver as respect gen'l liab per IE0036 4/04 & IE0054 4/04 as required by written contract. *30 day N O C except 10 day for non-payment of premium. CERTIFICATE HOLDER CANCELLATION CITYSAO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of Santa Ana NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Melanie McCann 20 Civic Center Plaza, M-20 IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IIS AGENTS OR Santa Ana CA 92701 REPRESENTATIVES. AUTHORI EP B ITATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 25F-28 i POLICY NUMBER: 08PKGM00041 ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT (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 Il) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand, or otherwise alter the terms of the actual policy." ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. IE-0036-0404 l 00 25F-29 POLICY NUMBER: 08PKGM00041 ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT A. WHO IS AN INSURED (SECTION IT) is amended to include as an insured the person or organization shown in the schedule. But only with respect to liability arising out of "your work" for that insured by or for you. B. As respects additional insureds as defined above. This insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term "insured" is used separately and not collectively, but the inclusion of more than one "insured" shall not increase the limits or coverage provided by this insurance. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand, or otherwise alter the terms of the actual policy." tE-0054-0404 25F-30 EXHIBIT B CONSULTANT'S SUPPLEMENTAL PROPSAL FEBRUARY 10, 2012 9 25F-31 iI T HE PLANNING CENTER DC&E February 10, 2012 II Kenny Nguyen, PE Senior Civil Engineer City of Santa Ana, Public Works Agency 20 Civic Center Plaza Santa Ana, California 92701 Subject: Request for Contract Amendment - Warner Avenue Widening Project (Engineering, Traffic, & Environmental) (SNT-08.3E) Dear Mr. Nguyen: This request for a contract amendment details additional tasks and associated costs to complete the engineering and environmental documentation for the Warner Avenue Widening Project. Additional tasks are required to address City-requested changes to the alignment and street widths, delays in the project, outdated environmental analysis, new case law regarding traffic analysis, and updated air quality modeling requiring supplemental technical analysis; all of which could not have been foreseen at the time of our original proposal. Our scope of work and cost estimate have been structured to follow our original task numbering and describe the changes or supplemental work that must be completed for each task. Project Background The kick off meeting for this project was on March 1, 2009. Since the kick-off meeting, alternative concepts have been prepared that evaluate combinations of 100-, 110-, 120-foot right-of-way within varying segments of Warner Avenue. The concepts address property take on the south only, the north only, and on both sides of the street. The City has requested additional engineering designs to identify alternative bike crossings that would connect the bike path on the north and south sides of Warner Avenue without the need for a midblock traffic light. Additionally, the City would like to see alternative plans that would minimize property take and reduce the number of remnant parcels along the north side of Warner Avenue. Revised Scope of Work ENVIRONMENTAL This request includes the following tasks beyond our approved scope of work: TASK 1. ENVIRONMENTAL STUDIES No change; this task is complete (Phase I hazards assessment). TASK 2. DATA COLLECTION No change. Data Collection is complete for the initial phase of the environmental document. TASK 3. INITIAL STUDY New alternative designs for the bike path crossing and to minimize property take will be developed. The Initial Study will be updated based on the final preferred alignment and preliminary engineering plans. Orange County ~."ri i y;ti'.. 'I' _ !t _r,ir ._C.-t r -_,c ..air'. ,:.r www.planningcenter.com 25F-32 February 10, 2012 Page 2 THE OC PIANNING CENTER DC&E TASK 4. NOP No change; this task has not started. TASK 5. ADMINISTRATIVE DRAFT EIR The Administrative Draft EIR is nearly complete based on the previously selected preferred alignment and design alternatives. This task will update the EIR to reflect an updated, preferred alignment (if selected) and/or the alternative bike crossing and alignment as new project alternatives. EIR text and figures will be updated based on the final preferred alignment; preliminary engineering plans, and revised technical studies. TASK 6. DRAFT EIR No change; this task has not started. TASK 7. ADMINISTRATIVE DRAFT FINAL EIR No change; this task has not started. TASK 8. FINAL EIR No change; this task has not started. TASK 9. NOD No change; this task has not started. TASK 10. MANAGEMENT & COORDINATION The original budget for this task was based on an anticipated 16-month project duration. The project kick-off meeting was held on March 12, 2009, and work continued through April 2010 when the CEQA document was placed on hold until the project could be better defined. Work then commenced in October 2011 with a 2nd kick- off meeting. We anticipate the engineering and CEQA process may take another 10 months depending on the public outreach schedule. Therefore, we have included time for project management and coordination based on an additional 6 months of work beyond the anticipated 16-month work schedule. TASK 11. PROJECT MEETINGS As shown in table below, a total of 5 project meetings were included in our original scope. To-date we have attended 8 project meetings. To cover the fees for these additional meetings and to control the costs for this amendment we have eliminated the following specific meetings previously assumed in the original scope of work: Draft EIR review meeting, Final EIR review meeting, and Planning Commission Hearing preparation meeting. It is our assumption that we will coordinate these efforts via email and phone calls under our project coordination budget. We have also eliminated attendance at one of the two hearings anticipated for each Planning Commission and City Council. If additional meetings are requested by the City additional fees may be requested. TASK 12. ETAC AND RDA MEETINGS Originally our attendance at two meetings was included in this task. The RDA meeting is no longer required and has been eliminated. TASK 13. PUBLIC SCOPING MEETING One meeting; no change 25F-33 February 10, 2012 Page 3 T HE PLANNING CENTER DC&E TASK 14. PLANNING COMMISSION Two hearings; revised to include attendance at one hearing. TASK 15. CITY COUNCIL Two hearings; revised to include attendance at one hearing. TASK ORIGINAL PROPOSAL AMENDMENT Task 1 1 . Project Meetings 5 Total 8 Total 1. Kick-off meeting 1. Kick-off meeting (March 1, 2009) 2. Team meeting 2. Team meeting (May 14, 2009) 3. Draft EIR review 3. Project Status Meeting (April 12, 2010) 4. Final EIR review 4. 2nd kick-off (October 5, 2011) 5. Planning Commission hearing 5. City Council hearing / workshop preparation (October 17, 2011) 6. Project Status Meeting (November 29, 2011) 7. Project Team Meeting (December 14, 2011) 8. Project Team Meeting (January 5, 2012) Task 12. ETAC + RDA 2 1 (but can be used for other meeting requirement) Task 13. Public Scoping Meeting 1 1 Task 14. Planning Commission 2 1 Task 15. City Council 2 1 Total Meetings 12 12 TASK 16. NOISE & VIBRATION Using the revised traffic study specifics, we will reassess the noise conditions for existing conditions (if changed from 2009), as well as the future scenarios for the buildout year with and without the project. The analysis will include revisions to the assessment of future noise impacts for sensitive receptors that are currently in the second and third row from the street, but will be adjacent to the roadway following the street widening. It is assumed that the remainder of the previous noise technical report sections, such as the baseline survey, the construction analyses, and the assessment of stationary sources, can be used in their entirety without updates or modifications. TASK 17. AIR QUALITY AND GREENHOUSE GAS EMISSIONS The air quality modeling and analysis is currently based on the traffic analysis prepared by IBI Group in November 2009. The baseline and forecast year traffic volumes will be revised by IBI Group; therefore, revisions to the air quality and greenhouse gas (GHG) emissions analysis will be required to ensure the environment document is internally consistent. In addition, since 2009 the South Coast Air Quality Management District (SCAQMD) has released a new air quality model for analyzing construction and operational impacts. Construction impacts were previously analyzed using the URBEMIS2007 model and will be updated using SCAQMD's new CalEEMod program in accordance with SCAQMD guidance. 25F-34 February 10, 2012 Page 4 Q THE PLANNING 0 CENTER COO DC&E ENGINEERING Project Management, Meetings, and Coordination IBI engineering staff will coordinate and attend a Project Development Team (PDT) meeting to discuss the desired modifications to the PE design and plans. IBI engineering staff will also attend any subsequent meetings necessary and will be responsible for leading the discussion for any engineering related items in the agenda. IBI will provide meeting notes for each meeting related to items discussed regarding engineering-related agenda items. I Project Scoping and Development of Build Alternatives The city has indicated at least one more alternative which shall be analyzed and could be part of the Preferred Alternatives. IBI will provide support to the City for the additional alternative design. Hydrology Study (Conceptual WQMP) and Drainage Report Subsequent to the modification of the preferred build alternative by the City, the Preliminary Drainage Report shall be revised to include the additional modifications requested and any other details needed to address other City requests. Preliminary Engineering Plans Subsequent to the modification of the preferred Build Alternative by the City, the PE plans shall be revised to include the additional modifications requested and any other details needed to address other City requests. Cost Estimates The preliminary cost estimate shall be updated to reflect not only the modifications of the preferred build alternative design but also current (2011) unit cost for all pay items identified in the estimate. I Preliminary Engineering Report The PE report will be updated with the newest information from the following sections: Civil Roadway Traffic Analysis Utilities and Drainage Right-of-Way Based upon the discussion items identified above, The IBI Group will prepare a final report to submit to City staff for review and concurrence. TRAFFIC IMPACT ANALYSIS IBI Group will update the Traffic Impact Analysis (TIA) Report previously prepared and completed in April 2010 for the Warner Avenue project according to the latest adopted City of Santa Ana standards and guidelines and new case law. This augment request incorporates the following additional work elements beyond our original scope of work: 25F-35 February 10, 2012 Page 5 T HE PLANNING CENTER DC&E Data Collection/Existing Traffic Conditions The original traffic impact analysis prepared for the Warner Avenue project included the analysis of existing traffic conditions without the project for the year 2009. All traffic counts at the 15 study intersections collected by IBI Group were conducted in 2009 as well. As part of the traffic study update, IBI will revise the analysis to reflect a 2012 existing year, consistent with the anticipated release date of the Notice of Preparation for the environmental document. The City of Santa Ana has directed IBI to use the 2009 traffic counts in the updated traffic analysis to avoid conducting new traffic counts. Two methods were discussed: applying a default growth factor of one percent annually to 2009 counts to estimate Year 2012 conditions, or conducting a few spot check traffic counts to confirm that 2009 counts are the same as 2012 or to identify an annual growth factor. This update requires the following new work elements that were not in the original scope of work: • Update Existing No Project Analysis - Pending direction from the City of Santa Ana, the existing no project analysis will be updated to reflect Year 2012 conditions. • Incorporate Existing Plus Project Analysis - The recent Sunnyvale court case highlighted the requirement that traffic studies prepared in support of CEQA documents must include an analysis of Existing Plus Project conditions.' This analysis was not included in the April 2010 TIA and will be added to the report as part of this update. Future Conditions The April 2010 TIA included the analysis of No Project and With Project conditions for a 2020 opening year and 2035 buildout year. With the change in the Existing Conditions year from 2009 to 2012, the analysis results for the Year 2020 and 2035 conditions will need to be updated. Future traffic volumes were obtained by applying annual traffic volume growth forecasts to existing traffic counts using forecasts produced by OCTA with the Orange County Transportation Analysis Model (OCTAM). We do not anticipate the need to obtain new OCTAM forecasts from OCTA. However, the Year 2020 and 2035 traffic volume forecasts must be updated with a baseline of the 2012 existing traffic counts to ensure consistency between analysis years in the report. Documentation IBI Group will update and revise the TIA report to reflect the analysis updates and additional analysis scenarios highlighted in the above tasks. A new report will be prepared and delivered for incorporation into the environmental document prepared for the project. Revisions to other subconsultant documents are not anticipated at this time. - VA Consulting: Utility Relocations - Cogstone: Archaeological Assessment - Urbana: Historical Resource Survey Report - Geologic Associates: Geotech Study - California Property Specialists, Inc.: Relocation Impact Statement - Draft [City consultant] On December 16, 2010, the Sixth District of the California Court of Appeal issued its decision in Sunnyvale West Neighborhood Association v. City of Sunnyvale, invalidating an environmental impact report (EIR) for a major roadway extension project. http://Ianduselaw.imbm.com/2011105/court-decision-changes-cega-related-traffic-impact-analyses.htmi 25F-36 February 10, 2012 Page 6 1;V. CENTER Cost Estimate The approved budget for this project is $498,923, as shown below. To complete the additional tasks, a budget increase of $44,415 is requested. The total contract for our environmental services for the Warner Avenue Widening Project will be $543,347 upon approval of this amendment. Table 1. Contract Amendment Cost Estimate TASK EXISTING CONTRACT AMENDMENT TOTAL CONTRACT CONTRACT REQUEST WITH AMENDMENT LABOR Task 1. Environmental Study - Hazards 12,030 0 12,030 Task 2. Data Collection 6,440 0 6,440 Task 3. Initial Study 7,920 2,180 10,100 Task 4. NOP 1,600 0 1,600 Task 5. Admin. Draft EIR 91,550 6,940 98,490 Task 6. Draft EIR 2,220 0 2,220 Task 7. Admin. Final EIR 26,340 0 26,340 Task 8. Final EIR 8,700 0 8,700 Task 9. NOD 1,580 0 1,580 Task 10. Management & Coordination 33,400 7,560 40,960 Task 11. Project Meetings 8,280 0 8,280 Task 12. ETAC Meeting 3,200 0 3,200 Task 13. Public Scoping Meeting 1,160 0 1,160 Task 14. Planning Commission Hearings 3,200 0 3,200 Task 15. City Council Hearings 3,200 0 3,200 Inhouse Technical Studies Noise Study 7,470 4,860 12,330 Air Quality Study & Greenhouse Gas Emission Study 7,410 3,280 10,690 Labor Subtotal $225,700 $24,820 $250,520 SUBCONSULTANTS (INCLUDING 10% MARKUP) IBI $134,623 19,595 154,218 Urbana $19,646 0 19,646 VA $70,500 0 $70,500 Geologic $20,550 0 $20,550 Cogstone $6,999 0 $6,999 Subconsultant Subtotal $252,318 $19,595 $271,913 REIMBURSABLES Reimbursable Subtotal 20,913 0 20,913 GRAND TOTAL $498,932 $44,415 $543,347 25F-37 25F-38 EXHIBIT C FEE SCHEDULE I 10 25F-39 February 10, 2012 Page 7 THE PLANNING C ENTER The Planning Center - 2012 Standard Fee Schedule STAFF LEVEL HOURLY RATE Principal $200-$250 Director/Team Leader $140-$225 Senior Planner/Scientist/Designer II $135-$215 Senior Planner/Scientist/Designer 1 $115-$155 Associate Planner/Scientist/Designer II $105-$130 Associate Planner/Scientist/Designer 1 $95-$110 Assistant Planner/Scientist/Designer 11 $80-$100 Assistant Planner/Scientist/Designer 1 $60-$80 GIS/CAD Operator II $100-$135 GIS/CAD Operator 1 $90-$105 Graphic Artist 11 $85-$130 Graphic Artist 1 $75-$95 Planning Technician/Intern $60-$80 Technical Editor $95-$100 Word Processing $75-$85 Clerical/Administration $60-$100 Third-Party CEQA Review $225 Expert Witness 2 x Normal Hourly Rate Notes: 1) Other direct costs are billed at cost plus 10%. 2) Mileage reimbursement rate is the standard IRS-approved rate. Respectfully submitted, THE PLANNING CENTER JoAnn C. Hadfield Director, Environmental Services 25F-40