Loading...
HomeMy WebLinkAboutMESTRE GREVE ASSOCIATESCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION RECEIVED OCT 042007 Please complete this form when the attached agreement is 104Ef it 7694 t= 1D SANTAANA PLANNING DEPT Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. CITY C ` 'A A A C EIOF -.01UNCIL The agreement with No. A -A00 %—la/ (jti� pbha was completed on _ and final payment has been made. Department: Phone/Ext.: Signature: Date: Revised 07-23-07 0, F INS` . d W VDNF ; Mi r F ;;} D UP'FI N; , - ;`I( XPIRES _ 9-po-d7 E Fb:.;1�= DATP: i0-,y-07 0'• P6A (2) Ton'+a Zerba CONSULTANT AGREEMENT A-2007-161 THIS AGREEMENT, made and entered into this 18th day of June, 2007 by and between MESTRE GREVE ASSOCIATES, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RFC'.ITAI,S 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 noise and air quality 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 hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the project budget approved by the Executive Director as set forth in Section 1, above, which shall be based on the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2008, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 and 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: MESTRE GREVE ASSOCIATES Fred Greve, P.E., Principal 17812 El Lazo Road Laguna Niguel, CA 92677 Telefacsimile: (949) 349-0679 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 'r ATRICI HE ALY Clerk of tiie Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney / By: W, Laurg Sheedy Assistant City Attorney CITY OF SANTA f � , DAVID . REkM City Manager MESTRE GREVE ASSOCIATES FRED GREVE, P.E. Principal Tax ID# 4 5- 3 P 9 S2 `1 j Llestre Greve Associates May 17, 2007 Mr. Pedro Guillen Planning Division City of Santa Ana 20 Civic Center Plaza, M20 Santa Ana, CA 92702 SUBJECT: REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL CONSULTANTS - NOISE AND AIR QUALITY STUDIES Dear Mr. Guillen: Mestre Greve Associates is pleased to submit this statement of qualifications for the City of Santa Ana Planning Division's list of pre -qualified environmental consultants. We thank -you for the opportunity to present you with our qualifications to prepare both initial noise and air quality studies, as well as technical noise and air quality studies in support of CEQA or NEPA documents. Our package has been carefully prepared in response to the specifications provided in the Request for Qualifications. We have completed sensitive and complex noise and air quality assessment studies for numerous private developers, planning firms, and public agencies throughout the Orange County area, and feel that this experience will be of great benefit to the City of Santa Ana. Our firm has an outstanding professional reputation for providing highly professional technical noise and air quality studies in a timely manner. We are proud of our reputation and encourage you to contact our references. Again, we appreciate the opportunity to present you with our qualifications and can assure you that we will provide the highest quality professional services as required by the City of Santa Ana. Please do not hesitate to call if you have any questions. Sincerely, Mestre Greve Associates J Fred Greve, P.E. Principal EXHIBIT -2- 27812 El Lazo Road ® Laguna Niguel; CA 92677 a (949) 349-0671 - Fax (949} 3L9-UC7:, MESTRE GREVE ASSOCIATES FIRM PROFILE Mestre Greve Associates, located at 27812 El Lazo Road, Laguna Niguel, California, is a professional engineering firm specializing in noise control, air resources engineering, and airport studies. First established in 1978, and incorporated in 1981, the company has been successfully operating for over twenty-five years. There are currently twelve employees on staff at this location. In addition to the two Principals, who are Registered Professional Engineers, the firm employs two Associates, one of whom is also a Registered Professional Engineer, two Staff Engineers, three Technicians, one GIS specialist, and two administrative and clerical staff members. Mestre Greve Associates provides a unique combination of professional consulting services and engineering support. The Noise Control Engineering services provided by Mestre Greve Associates may be divided into the following categories: (1) community noise studies, (2) industrial noise assessment and control, and (3) vibration and dynamic analysis. All noise control studies involve analyzing or projecting the noise levels generated by a source, determining the level of reduction desired, and finally engineering a solution to achieve the criterion levels. Clients in both the private and public sector have used our Noise Control Engineering Services. Noise monitoring equipment maintained by the firm includes state-of- the-art automated digital test equipment and certified calibration equipment. Our extensive inventory of noise monitoring equipment provides a thorough evaluation of noise impacts for our clients in both community and industrial settings. The Air Resources Engineering services provided by Mestre Greve Associates may be divided into the following categories: (1) highway air quality studies, (2) airport air quality studies, (3) air quality and land use integration studies, (4) new source evaluations, and (5) toxic dispersion and monitoring assessments. The firm possesses strong capabilities to assess source generation and characterization, dispersion of emissions away from the source, and the resulting concentrations and impacts. Mitigation options are then analyzed and solutions developed. This may also involve assessing how a project integrates on a regional scale with regional air planning efforts, transportation system goals, and how the project can be integrated with the surrounding urban form to minimize pollutant emissions. In addition to thousands of local projects, Mestre Greve Associates has successfully completed noise and air quality studies throughout the United States, Canada and the Far East. The experience of the firm is quite varied: Mestre Greve Associates has performed assessments of airport noise, ground transportation system improvements, residential and commercial developments, and the development of General Plan Noise Elements. Air Quality analyses have also been conducted for a wide range of projects, from large planned communities and expressways to small housing tracts. This extensive experience in both noise and air quality areas ensures a high level of expertise will be provided and that appropriate mitigation options will be considered. Our in-house computing capabilities ensure the application of state-of-the-art models, and results in analysis that is reliable, repeatable, and timely. Mestre Greve Associates is proud of its reputation for providing high -quality technical reports, and for completing projects and meeting deadlines on schedule and at the proposed cost. -3- Mestre Greve Associates Organization Chart Fred Greve, P.E., will be the primary point of contact between Mestre Greve Associates and the City of Santa Ana. He is the person who will conduct any requested presentations to the City. The firm's availability for projects, if selected as an Environmental Consultant for the City, will be determined on a project -by -project basis, as the City requests specific proposals. It is also important to note that Mestre Greve Associates is able to meet all insurance requirements identified in the Request for Qualifications. Brief resumes for all identified personnel are included in the following pages. Foise is one of the unavoidable byproducts of the devel- opment and population of any area. Mestre Greve Associaies is working to make not only the county; but also the world, a qutetcr place. llecau5e of an act of Congress in 1969, American com- munities began to pay more attention to noise levels. Shortly Thereafter. demand for community standards led to the develop- ment of better methods for measuring and reducing noise. Vince Mestre and Fred Greve met while studying civil and environmental engineering at ilie t'niversit• of California, brine — one of the few colleges to offer the major at that time. While they studied air quality, water quality and noise pollution issues, they developed their interest in computer simulations of none and ter quality problems. Both carried master' s degrees. hicstre formed Vince klestre and Associates in 1978. The advent of compact personal computers helped the partners launch the company. The ability to maintain complex databases and to perform computer simulations on a personal computer allowed them to Strike out on their own. The company incor- porated as Mestre Greve Associates in 1981. The focus of the company was on engineering solutions to airport noise, coin• munity noise and air quality problems. NICSIre and Greve soon developmd new techniques for neas- unng aircraft noise and calibrating effective models for noise ;Ic.ur Grc•ve Associates has pre- pared ;nrport not c studies for John Wayne Airport and the El Toro Marine Corps Air Station, as well as other sites nationally and abroad. Phmo ply LAiv)ioic C iaridull ('hats rapil:v projections. Some of their earliest noise studies were done for airpons in Oklahoma Once their work became known, public agencies and developers increasingly relied on Mestre Gives expertrc. The firm has since prepared airport noise studies as close to home as John \b'ayae airport and as far away is New Z.eatmid. The cxeiting takeoff that pt;, ngem expenerice when flying out of John \Vay'ne :Airport is a noise mitigation treasure. developed with the help of Mesire Greve The concept of tailoring the departure procedures for airport noise mitigation was pio- neered at ,John Wayne .Airport. Mcsire Greve also did the entire first round of noise and air quality >tudics in the planning proce--,s for the conversion of the Eel Toro Atanne Corps air Station TO a commercial airpon. Mestre Greve c,\y>cns were trailbla:ers in helping developers all over the world lay out sties and evert entire communities with peace and (finer in mind. The firm now does more than 100 studies per year to determine the necessary sound walls and soundproofing for building s it) comply with state and local mandates. About 75 percent of the noise studies in Orange County cart- the Mcsire Greve stamp. But these noise con- sultants are also concerned with aesthetics. The rclauonship of suucutres, roads, olkn space and other facilities so inpluctices the travel of noise that Mestre Greves advice is most effectivc before a ite is ever graded. When noise and air quality con- corns are lactored into the earliest stages of development, it can improve quality of life and prevent neighborhood dis- putes. Perhaps the most sigrithcant roadway projects in Orange i;coumv during the last 10 ye.irs have bccn the Three toll roads. \le>tre Greve lssocim" wa> involved in various aspects of the San Joaquin Ehils. Pastern Mid Foothill Transportation Corridors. The involvement began with the earhest considerations of where the roads should Ire placed, through more detailed plamuno. emironnental studies, final deign and even measurcrnent of noise and air quality once the toll roads began coperaung. Other major highway projects have included the ,onilucil,'e of Interstate; i and 40?: the addition of a high Occupancy Vehicle lane on the. Costa Mesi M31 Freeway; and national Oklahoma Siatc Highway 20. All of these studies %vere undertaken with the intent to minimize noise to the surrounding neighborhoods and to keep air duality leyets within accept- able limits. Often the best examples of Mestre Greve: work arc what people don't hear. Most homeowners are not cien aware. than Mestre Greve has made their neighborhoock quieter. But the firm (lid pre -development noise studies for planned comnunities produced by The Irvine Company, the \fission Vicjo Company, and the communities of Rancho Santa Margarita and Portola Hills. Ovcr 1,000 studies have been performed for developers including Shea Holmes, Cemcx Flonies. .John Laing Llornes, Presley Lfomes and Standard pacific Ilonies to ensure that outdoor and indoor noise tenet, will meet city and state standards. Though aircraft and roller coa'ters are obvious noise sources, Mestre Greve hac been called upon to measure less obvious noise producers. in line Saud% of nOtSL generated by street performers, they discovered that crowd noise made mimes the noisiest of outdoor acts! Other Liciludes with omdoor enter- tainment -- ranging from restaurants to amusement parks — also make sound waves in coniniunfties. McstTe OCVC measured the noise Icv is it vvvey concert held at Irvine McadoWs Amphitheater in its first two scars, helping to ensure compliance with community standards. Their expertise was also called upon during the planning process for the Anaheim pond. Mestrrc Greve As>ociates has hellvd set some of the noise. standards that communities rely upon, creating noise elements for the General Plans of 40 California cities. As consultants, they have helped file faiwancse government develop tite noise standards applied by that nation's envirotunental protection agency, 'I lie company's consultants can help develop or revise noise: level goals, standards and implementation pro rani, for both public and private entities. The measurement and computer simulation tcCltnigmcs develofwd for asses -sing airport noise and traffic noise are readily Transferable to the assessment of air pollution for these sources. a hlestre Greve Associates has also been leader in evaluating airports and roadway projects for potential air civahty impacts with adianccd compatcr models. Air quality asussntcnts have also been performed for residential and commercial dvvelopmenu, landfills, sports conipicxes, parking structures and industrial plants. During the past Zit years, Mvstre ("reves cominiurmy commitment has extended to pro hono work clone for numcrons causes, some of which include Habitat For Hurnanny, the Discover} -science Center and a local AIDS hospice. While Mestre Greve continues its trend of groundbreaking technical work, the company is also committed to growth and stability. New associates are steadily but carefully selected to join the firm to continuously increase personal service to clients. The company also plans to continue in its role its a pioneer in developing noise and ;tit quality measurement techniques, computer simulations and mitigation strateIes. Main• Greer Aw,,o utec was convolved in p!an- n:n; vanous ripe, t> of drnage County" tnatcr tctnsporatiao cornc!ar, including the San )oagmn Hill: Tcaaaporunon i_.undor Fro { oreve art f lincc Mctry. knm tors of Mcsirc Greee A —,votes f'hot,r (w ha Ph,H,,,raphs MESTRE GREVE ASSOCIATES FEE SCHEDULE Name/Classification Loaded Houriv Billing Rates Effective Date of Hourly Rate % Escalation Increase Straight OT 1.5x From To Fred Greve, Principal $140.00 N/A 01/01/07 12/31/07 N/A $140.00 N/A 01/01/08 12/31/08 N/A $147.00 N/A 01/01/09 12/31/09 5.00% $147.00 N/A 01/01/10 12/31/10 N/A Vince Mestre, Principal $140.00 N/A 01/01/07 12/31/07 N/A $140.00 N/A 01 /01 /08 12/31/08 N/A $147.00 N/A 01/01/09 12/31/09 5.00% $147.00 N/A 01/01/10 12/31/10 N/A Matt Jones, Associate $95.00 N/A 01/01/07 12/31/07 N/A $100.00 N/A 01/01/08 12/31/08 5.00% $100.00 N/A 01/01/09 12/31/09 N/A $105.00 N/A 01/01/10 12/31/10 5.00% Tanya Moon, Staff Engineer $80.00 N/A 01/01/07 12/31/07 N/A $84.00 N/A 01/01/08 12/31/08 5.00% $84.00 N/A 01/01/09 12/31/09 N/A $89.00 N/A 01/01/10 12/31/10 5.00% Tim Reid, Staff Engineer $80.00 N/A 01/01/07 12/31/07 N/A $84.00 N/A 01/01/08 12/31/08 5.00% $84.00 N/A 01/01/09 12/31/09 N/A $89.00 N/A 01/01/10 12/31/10 5.00% Technician II $65.00 N/A 01/01/07 12/31/07 N/A $68.25 N/A 01/01/08 12/31/08 5.00% $68.25 N/A 01/01/09 12/31/09 N/A $72.00 N/A 01/01/10 12/31/10 5.00% -18- E I-k" '„ EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative ACORDTM CERTIFICATE OF LIABILITY INSURANCE '"' 09/06/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: United States Fidelity & Guaranty 25887 Mestre Greve Associates INSURER B: St. Paul Protective Insurance Co. 27812 El Lazo Road INSURER C: U.S. Specialty Insurance Company Laguna Niguel, CA 92677 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DDN NSR TYPE OF INSURANCE POLICY NUMBER POLICY YMMIDDE PDATE MMPDD/YY N LIMITS A GENERAL LIABILITY BKO1902546 09/20/06 09/20/07 EACH OCCURRENCE $3 QQQ QQQ }( COMMERCIAL GENERAL LIABILITY General Liab. DPREMISESAMAGE TO(Ea RENTED s3,000,000 CLAIMS MADE a OCCUR excludes claims MED EXP (Any one person) $1 Q 000 PERSONAL & ADV INJURY s3,000,000 arising out of GENERAL AGGREGATE s5,000,000 the performance GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $5000000 of professional POLICY PRO- ECT LOC J services. A AUTOMOBILE LIABILITY ANY AUTO BKO1902546 09/20/06 09/20/07 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ ' GARAGE LIABILITY % / /�= ? `f AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR 71 CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND BW02194625 09/20/06 09/20/07 1 X I TWCSTATU- nRV OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional US061170602 10/16/06 10/16/07 $1,000,000 per claim Liability $1,000,000 annl aggr. Claims made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: All Operations as pertains to named insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to General Liability coverage as required by written contract. (See Attached Descriptions) l.eK 1 IrwA 1 e MULUeK The City of Santa Ana Attn: Tonia Zerba, Senior Accounting Asst. 20 Civic Center Plaza P.O. Box 1988, M-20 Santa Ana, CA 92702 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL R =X§t MAIL fig_ DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. XMIRAI r AUTHORIZED REPRESENTA rr%.URIJ LO t"u 11VOY .I OT L TFSZUJZUZ/M975b34 TMN u AL UKU cUKIIUKA I IUN Taus DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation included in Work Comp. This certificate supersedes the certificate issued on 7/26/07. Hma zas t'duu1ma) Z oT Z #5Z03ZUZ/M175634 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. BW02194625 Issued to: Mestre Greve Associates By: St. Paul Protective Insurance Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of Santa Ana Re: All Operations as pertains to named Attn: Tonia Zerba, Senior Accounting Aastred. The City of Santa Ana, its 20 Civic Center Plaza officers, employees, agents, volunteers P.O. Box 1988, M-20 and representatives Santa Ana, CA 92702 WC 04 03 06 (Ed. 4-84) Countersigned by Authorized Representative Policy plumber Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of (a) Your negligence; or SECTION II. WHO IS AN INSURED, 1. (b) The negligence of another person or However, no person or organization is an insured organization for whom you are with respect to the conduct of any current or past liable; partnership, joint venture, limited liability company or trust that is not shown as a Named (2) 'Bodily injury",, "property damage", Insured in the Liability Coverage Part "personal injury" or "advertising injury" Declarations. This provision does not apply to you, for which such person or organization for your participation in any past or present has assumed liability in a contract or "unnamed joint venture", or if that person or agreement, except for liability for organization is otherwise an insured under damages that such person or Paragraph 2. below. organization would have in the absence of the contract or agreement; 2. The following is added to SECTION ll. WHO IS AN INSURED, 2- (3) "Property damage" to: Person Or Organization Required By (a) Property owned, used or occupied Written Contract by, or loaned or rented to, such person or organization; Any person or organization that you agree to add as an insured under this Liability (b) Property over which such person or Coverage Part in a written contract or organization is for any purpose agreement that is made before, and in effect exercising physical control; or when, the "bodily injury" or "property (c) '"Your work" performed for the damage" occurs or the offense that causes "personal "advertising insured; or the injury" or injury" is first committed, but only with respect to that (4) "Bodily injury", "property damage", person's or organization's liability arising out "personal injury" or "advertising injury" of "your work" for that person or arising out of any architect's, engineer's organization. or surveyors rendering of, or failure to However, such person or organization is not render, any "professional service", when an insured with respect to any: such person or organization is an architect, engineer or surveyor. (1) "Bodily injury', "property damage', "personal injury" or "advertising injury 3. The following is added to SECTION If. WHO 1S AN that does not arise out of: INSURED; CURF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its permission. Page 1 of 3 Copyright, Insurance services Office, Inc. 2001 "Unnamed Joint Venture" You are an insured for your participation in any past or present "unnamed joint venture'. However, you are not an insured if the "unnamed joint venture" has: a. Direct employees; or Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an Insured. 4, - The - following replaces SECTION Ill. LIMITS OF LIABILITY,2. b.:. b.. Will apply separately to the sum of all: (1) Damages because of "bodily injury' and "property damage", under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury", under SECTION I. COVERAGE, B. Medical Payments above; arising out of each location listed in the Schedule of Premises or each of "your projects", and 5. The following replaces SECTION IV. CONDITIONS, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non- contributory with, "other insurance" issued directly to a person or organization added as an additional insured under SECTION II. WHO IS AN INSURED, 2: (a) Paragraph h. Certain Additional Insureds By Contract or Agreement or (b) Persons Or Organizations Required By Written Contract insurance". This insurance will then be applied as primary insurance for damages for "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance". 6. The following is added to SECTION IV. 'CONDITIONS, S. "Other Insurance", b. Excess Insurance: This insurance is excess over any "other insurance" whether primary. excess, contingent or on any other basis that is available to you for your participation in any past or present "unnamed joint venture". 7. The following is added to SECTION IV. CONDITIONS, S. Transfer Of Rights of Recovery And Proceeds Against Others To Us: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paragraph Person Or Organization Required By Written Contract of SECTION II. WHO IS AN INSURED, L a. Because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury' arising out of "your work" in ongoing operations or included in the "products -completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. if you specifically agree, in that written 8. The following are contract or agreement, that this DEFINITIONS: insurance must be primary to, and non- contributory . with, such "other CUB 2.609 09 03 Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, Inc. 2001 added to SECTION V. Page 2 of 3 "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site, or location owned or occupied by, or rented to, you. "Your project": a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not include "your premises" or any location I isted in the Schedule of Premises. All other terms of your policy remain the same. CL/BF 26 0909 03 Includes copyrighted material of Insurance Services Office with its permission. Page 3 of 3 Copyright, Insurance Services Office, Inc. 2001 Client#: 6002 MESTRGREV ACORD- CERTIFICATE OF LIABILITY INSURANCE 07/26/200; ") PRODUCER De aley, Renton &Associates �Q _ ��j ,/ P. al Box 10550 ' ` THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 �1 714 427-6810 ZM7 JUL 2 7 P l 3: 31 INSURERS AFFORDING COVERAGE NAIC 9 INSURED _ Mestre Greve Associates „� t t 27812 El Lazo Road r , CI L. _ INSURER A: United States Fidelity 8r Guaranty 25887 INSURER B: St. Paul Protective Insurance Co. INSURERC: U.S. Specialty Insurance Company Laguna Niguel, CA 92677 INSURER D: 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 NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMIDDIYY LIMITS A GENERAL LIABILITY BKO1902546 09/20/06 09/20/07 EACH OCCURRENCE $3 000 000 X COMMERCIAL GENERAL LIABILITY General Liab. DAMAGE TO RENTED PREMISES fE.$3 000 000 CLAIMS MADE 7 OCCUR excludes claims MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $3 00Q 000 arising out of GENERAL AGGREGATE s5,000,000 the performance GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s5,000,000 of professional POLICY PRO LOC JECT services. A AUTOMOBILE LIABILITY ANY AUTO BKO1902546 09/20/06 09/20/07 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNEDAUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ a WORKERS COMPENSATION AND _ BW02194625 09/20/06 09120/07 X N.'C STATU ' OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional US061170602 10/16/06 10/16/07 $1,000,000 per claim Liability $1,000,000 annl aggr. Claims made DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: All Operations as pertains to named insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to General Liabilityf coverage as per written contract. — Waiver of Subrogation included in Work Comp. The City of Santa Ana Attn: David N. Ream 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Xb0@ fRRXR MAIL _-1 (1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,JOflRRM 1( REPRESENT MI Wnu 4."7 t4vu I/VO/ 1 or 1 1FS199193/M175634 TMN © ACORD CORPORATION 1988 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. BW02194625 Issued to: Mestre Greve Associates By: St. Paul Protective Insurance Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization The City of Santa Ana Attn: David N. Ream 20 Civic Center Plaza Santa Ana, CA 92701 WC 04 03 06 (Ed. 4-84) Schedule Job Description Re: All Operations as pertains to named insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives Countersigned by Authorized Representative Poliey Number: BKO1902546 Mestre Greve Associates 9/20/06-07 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of (a) Your negligence; or SECTION 11. WHO IS AN INSURED, 1. (b) The negligence of another person or However, no person or organization is an insured organization for wham you are with respect to the conduct of any current or past liable; partnership, joint venture, limited liability company or trust that is not shown as a Named (2) "Bodily injury",, "property damage", Insured in the Liability Coverage Part "personal injury' or "advertising injury" Declarations. This provision does not apply to you, for which such person or organization for your participation in any past or present has assumed liability in a contract or "unnamed joint venture`, or if that person or agreement, except for liability for organization is otherwise an insured under damages that such person or Paragraph 2 below. organization would have in the absence of the contract or agreement, 2. The following is added to SECTION ll. WHO IS AN INSURED, 2: (3) "Property damage" to: Person Or Organization Required By (s) Property awned, used or occupied Written Contract by, or loaned or rented to, such person or organization, ® Any person or organization that you agree to add as an insured under this Liability (b) Property over which such person or �a Coverage Part in a written contract or organization is for any purpose ® agreement that is made before, and in effect exercising physical control; or when, the "bodily injury" or "property (c) "Your work" performed for the damage" occurs or the offense that causes "personal "advertising insured; or the injury" or injury" is »IIIIIIIIIIIM first committed, but only with respect to that (4} "Bodily injury", "property damage", person's or organization's liability arising out "personal injury' or "advertising injury" ® of "your work" for that person or arising out of any architect's, engineer's organization. or surveyors rendering of, or failure to However, such person or organization is not render, any "professional service", when an insured with respect to any: such person or organization is an architect, engineer or surveyor. (1) "Bodily injury", "property damage", "personal injury" or "advertising injury" 3. The following is added to SECTION I1. WHO IS AN that does not arise out of: INSURED; CLAF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its permission, Page 1 of 3 Copyright, Insurance Services Office, Inc. 2001 "Unnamed Joint Venture" You are an insured for your participation in any past or present "unnamed joint venture". However, you are not an insured if the "unnamed joint venture' has: a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture' is an insured. 4. - The -following replaces SECTION III. LIMITS OF LIABILITY, 2. b.: . b. Will apply separately to the sum of all: (1) Damages because of "bodily injury' and "property damage', under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury', under SECTION 1. COVERAGE, B. Medical Payments above; arising out of each location listed in the Schedule of Premises or each of "your projects", and 5. The following replaces SECTION IV. CONDITIONS, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and nun - contributory with, "other insurance' issued directly to a person or organization added as an additional insured under SECTION IL WHO IS AN INSURED, 2: (a) Paragraph h. Certain Additional Insureds By Contract or Agreement or (b) Persons Or Organizations Required By Written Contract insurance'. This insurance will then be applied as primary insurance for damages for "bodily injury', "property damage", "personal injury' or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance'. 6. The following is added to SECTION IV. 'CONDITIONS, 5. "Other Insurance", b. Excess Insurance: This insurance is excess over any "other insurance' whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present "unnamed joint venture". 7. The following is added to SECTION IV. CONDITIONS, 8. Transfer Of Rights of Recovery And Proceeds Against Others To Us: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paragraph Person Or Organization Required By Written Contract of SECTION II. WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury", "property damage', "personal injury" or "advertising injury' arising out of "your work" in ongoing operations or included in the "products -completed operations hazard": and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury' or "property damage' occurs or the offense that causes the "personal injury' or "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. if you specifically agree, in that written 8• The following are contract or agreement, that this DEFINITIONS: insurance must be primary to, and non - Contributory with, such 'other CUBF 2,6 09 09 03 Includes copyrighted material of Insurance Services office with its permission. Copyright, Insurance Services office, Inc. 2001 added to SECTION V. Page 2 of 3 'Unnamed joint venture' means any joint venture in which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site, or location owned or occupied by, or rented to, you. "Your project": a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not include "your premises" or any location listed in the Schedule of Premises. All other terms of your policy remain the same. CL/BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its.permissi . Page 3 3 V Copyright, Insurance Services Office, Inc. 2001 CERTIFICATE OF LIABILITY INSURANCE AR A Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714 427-6810 Mestre Greve Associates 27812 El Lazo Road Laguna Niguel, CA 92677 ONLY AND CONFERS NO RIGHTS UNUN HOLDER. THIS CERTIFICATE DOES NOT AL INSURERS AFFORDING COVERAGE of DATE (MMIDD/YYYY) 01010912007 t OF INFORMATION E CERTIFICATE TEND, EXTEND OR ? POLICIES BELOW. 17INAIC # of Am OVERAGES D NAMED ABOVE THE POLICIES OF INSURANCE LIS I EU bm,_�,v ,— BEEN ISSUED OF CONTRACT OR OTTHE INSUREHER THER DOCUMENT WITH RESPECT MAYWHICH LTHIS CERTOIFICATE MAY BE ISSUED OR ANY REQUIREMENT. TERM OR CONDITION NOTWITHSTANDING 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 CLAPDSICY EFFECTIVE POLICY EXPIRATION LIMITS 09/2010T 109120/08 EACH A I GENERAL LWBIL"T .,---- X COMMERCIAL GENERAL LIABILITY G0neraiLiab. TxoCLAIMS MADE � OCCUR excludes Claim3 ntractual Liab. arising out of the performance GEN'L AGGREGATE LIMIT APPLIES PER: Of pr01e55fOnal nX OMOBILE LIABILITYT037L539 09/20107 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS GARAGE LIABILITY ANY AUTO A GARAGE CUP7868Y707 09120107 X I CLAIMS MADE (Not included OCCUR F DEDUCTIBLE �'�"'•sr RETENTION $ B WORKERS COMPENSATION AND XEUB7289Y46907 09120/07 EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERIE OFFICERIMEM ER EXCLUDED?ECUTIVE 11 yes, descdbe under SPECIAL PROVISIONS below 1D/16197 C OTHER professional US071170603 Liability 09/20/08 ere COMBINED SINGLE LIMIT I $1,000,000 (Ea accident) BODILY INJURY $ (Per pars.) BODILY INJURY $ (Peraaadent) PROPERTY DAMAGE $ (Perarsident) OTHER THAN AUTO ONLY: 09/20108 EACH OCCUF AGGREGATE 09120/08 X WCST E I. EACHAI 10116108 Ualms OICuC f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES Re: All Operations as pertains to named insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to General Liability coverage as required by written contract. (See Attached Descriptions) The City of Santa Ana Attn: Tonic Zerba, Senior Accounting Asst. 20 Civic Center Plaza P.O. Box 1988, M•20 Santa Ana, CA 92702 $1,000,000 per claim $1,000,000 anni aggr. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL IMMOMRU MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,MRS110090111000000Mx ACORD 25 (2001108) 1 of 2 #M206632 THC o ACORD CORPORATION 1988 of Subrogation included in Work Comp. AMS 25.3 (2001108) 2 of 2 City of Santa Ana Planning and Building Agency Environmental Consultant Authorization Form Project Name: West End Loft Environmental Impact Report Project Address (if applicable): 320 West Fourth Street, Santa Ana, CA 92701 Consultant Name: Mestre Greve Agreement No. (if applicable): Staff has carefully reviewed the proposal by the above -mentioned consultant dated . We do hereby authorize the above -mentioned consultant to commence work as indicated within the terms and conditions of this proposal. ® Amount of Contract: $3,000.00 ❑ Environmental Consultant Services Special Account Balance: Staff has confirmed that the total aggregate amount ($2,000,000) of the special deposit account for contracted environmental services (account no. 98-01-3612) has not been overdrawn for fiscal year 2007-2008. ® Funding Source ® Private (Developer) ❑ Public (City Agency) - Account No.: ® Agreement, Liability Insurance and Workers Compensation Insurance Staff has confirmed that all required agreements, liability insurance and workers compensation insurance has been submitted and is current. ® Developer/Applicant Consultant Authorization Staff has obtained authorization from developer/applicant to hire the above -mentioned consultant firm (attach authorization letter). Ob)b4,- 9 Pla.gne ing Manager Authorization Name and Title to Date��, y11d d� 11-2�_-°;r Sibnakure Date bRBANWEST August 30, 2007 Ms. Hally Soboleske Associate Planner City of Santa Ana Planning Division 20 Civic Center Plaza Santa Ana, CA 92702 RE: Request for Augment for Preparation of West End Lofts EIR - Noise & Geology Dear Hally: I am pleased to present for consideration two proposals we received for both noise and geotechnical review on the referenced project that Jones & Stokes requested be completed. The first proposal is from Mestre Greve to complete a noise study per the scope of work provided by Jones & Stokes for a total cost of $3,000. The second proposal is from Lawson & Associates Geotechnical Consulting to complete a geology study per the scope of work presented for a lump sum contract amount of S2,500. Mestre Greve is already on the City of Santa Ana's "approved" list and with Lawson we have included a Statement of Qualifications for your review. We're confident you will find that their qualifications shall meet or exceed the City's requirements. Thank you for your consideration in allowing us to present these two proposals and we look forward to finalizing this EIR at the earliest opportunity. Re a David A. Ti enzo President Encl. cc. Ryan Bean 936 East Santa Ana Boulevard, Santa Ana, CA 92701 // p. 714.567.9260 // f. 714.5679269//www.urban-west.com Mestre Greve Associates August 27, 2007 Mr. Ryan Bean Urban West 936 East Santa Ana Blvd. Santa Ana, CA 92701 Subject: Proposal for Noise Assessment for West End Lofts Dear Mr. Bean: Mestre Greve Associates is pleased to submit this proposal to prepare a noise assessment for the West End Lofts project in the City of Santa Ana. The project proposes the development of a six -story office building on 4,000 square feet. The site is located directly across from the Ronald Reagan Federal Building in the Historic District of Downtown Santa Ana. The project will be exposed to noise from traffic on North Broadway Avenue and West 4"' Street. The noise assessment will support the preparation of the required CEQA documentation for the project. The assessment will be organized in the standard EIR format of existing environment, potential impacts, and mitigation measures to facilitate inclusion of our reports into the main text. The following scope of work is proposed. Scope of Work Existing Environment. Noise measurements will be made up to three locations on an in the vicinity of the project site to document typical daytime noise levels and noise sources impacting the project site. The FHWA highway noise model ("FHWA Highway Traffic Noise Prediction Model," FHWA-RD-77-108) in conjunction with the noise measurements will be used to describe existing noise levels in the project vicinity. Community noise standards relevant to this project are contained in the City of Ontario Noise Element and Noise Ordinance. Standards for the jurisdiction will be summarized and their relevance to the project discussed. Potential Impacts. The potential noise impacts can be divided into short-term construction noise, on -site impacts and impacts on surrounding land uses, and on -site noise/land use compatibility. Noise levels generated by construction activities will be estimated at nearby 27812 El Lazo Road • Laguna Niguel, CA 92677 • (949) 349-0671 • Fax (949) 349-0679 Proposal for West End Lofts Page 2 sensitive receptors. The application of the City of Santa Ana Noise Ordinance to control construction noise will be discussed. The noise impacts associated with the project's traffic on adjacent land uses will be assessed in terms of the CNEL noise scale. The project would not be expected to generate enough traffic to affect noise levels on nearby arterial roadways. Potential traffic noise level increases will be calculated, presented, and compared to standard significance thresholds. Traffic noise levels that impact the project site will also be assessed for compatibility with the proposed land uses. Noise levels within the project area will be determined and compared to noise/land compatibility guidelines contained in the City Santa Ana Noise Element and/or the State Compatibility Guidelines. Noise measurements at the site will be used to estimate noise levels at the proposed project. Noise levels will be compared to the City's Noise Ordinance standards to determine significance. Mitigation Measures. Strategies will be identified for the control of noise levels within the project site. Cost. We propose to do this study on a fixed fee basis of $3,000 for the noise assessment. Our hourly rates are $180 for Principal Engineers, $90 for staff engineers, and $65 for technicians. If this proposal is acceptable to you, please sign on the line below and return the letter to our office (via fax is acceptable). The signed letter will serve as a binding contract for our services and once we have received the signed letter (or your verbal approval) we will initiate the work. Sincerely, Mestre Greve Associates Fred Greve, P.E. Principal FG/bv Urban West Date Planning & Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) PLANNING DIVISION FEES Santa Ana, CA 92702 Sheet 1 of 3 fi67-27nn www.santa-ana.org E1lectwe 7/1=7 SITE PLAN REVIEW 0• CASE NUMBER AMOUNT ($20,000-$49,999 or Discretionary Action) ............................................ $ 535.00 $ ($50,000-$100,000)............................................................................... 815.00 $ (OVER $100,000)................................................................................ 1,520.00 $ SITE PLAN REVIEW FEE 57-01-5499-74 CASE NUMBER ___ - • FCWP Fee ($20,000-$49,999 or Discretionary Action) ..................... ($50,000-$100,000)....................................................... (OVER $100,000)........................................................ DEVELOPMENT-• DP FEE (Project Coordination Charge) BUILDING VALUATION......................................................................... 3/10 OF 1% OF BUILDING VALUATION -• $ 139.00 212.00 395.00 $ $ $ • $ $ CASENUMBERAMOUNT CATEGORICAL EXEMPTIONIENVIRONMENTAL DETER. t� /� 3DUJ , U woT 2-3 (required at time of site plan review submittal) ....................................... $ 215.00 G� $ IAr) U 0 FEE MAY BE APPLIED TO THE FOLLOWING: �? NEGATIVE DECLARATION With studies and mitigation (No Traffic Study) .............................. 2,920.00 or $ 101% of Consultant fee, whichever is greater' NEGATIVE DECLARATION Requiring Traffic Study ................................................................. 5,800.00 or $ 10%. of Consultant fee, whichever is greater' Without studies.............................................................................. 725.00 $ ENVIRONMENTAL IMPACT REPORT ................................................... 11,700.00 or $ 10% of -Consultant fee, whichever is greater' plus any other additional cost accrued MITIGATION MONITORING Upon Site Plan Resubmittal.......................................................... 400.00 $ Upon submission to plan check .................................................... 850.00 $ AMOUNT NEW SINGLE FAMILY RESIDENCE REVIEW ...................................... $ 415.00 $ SECOND DWELLING UNIT REVIEW ................................................... 415.00 $ • - ; I - 1116HIIIIIIIIIIN111• CHANGE OF ZONE OR DISTRICT......................................................$ 2,365.00 Satchst 7%749 - 1(1/$5/(17` ID: EC.:HAVE CONDITIONAL USE PERMIT............................................................... 2,370.00 y{1 : =n= TYN I ra;$a ?$ 1 C) i Appeal........................................................................................... 1,780.00 -' ' $ Ref,-- QE01i•'r-234 Condition Modification................................................................... 1,175.00 "WUU7 1 i 1 c 56 AM With a PC&N Determination (ABC License) .................................. 2,370.00 �1 �r1_i_1-1 Public Convenience & Necessity Determination ........................... 880.00 WE5� CONDITIONAL USE PERMIT H ; Coffee Houses Entertainment CUP ............................................... 192.00 $ CONDITIONAL USE PERMIT - PRD................................................... 2,960.00 $ Appeal................................................................. .. ......... 2,215.00 �, E'larmins! ,500.1.IA DEVELOPMENT AGREEMENT/ REVIEW ($3,775.00 non-refundable r:i;P.=i- 211 1$ ,3, ftili 1, l i( deposit will be required initially) Plus Reimburse City for Actual Cost r_ he+_i; 211(1$ $2: 500. (1(I GENERAL PLAN AMENDMENT........................................................... 2,960.00 $ MINOREXCEPTION............................................................................. 880.00 $ Appeal............................................................................................ 645.00 $ MINOR EXCEPTION FENCES............................................................. 420.00 $ LOT LINE ADJUSTMENT...................................................................... 1,105.00 $ Appeal............................................................................................ 645.00 $ PARCEL MAP (Tentative)....................................................................... 1,110.00 + $23/lot $ Appeal................. ............. _............................................................ 835.00 g Extension....................................................................................... 215.00 $ SPECIFIC DEVELOPMENT ZONE ....................................................... 2,960.00 TRACT MAP (Tentative)........................................................................ 2,590.00 + $30/lot $ Additional per dwelling unit............................................................ 70.00 $ Appeal............................................................................................ 1,955.00 $ Extension....................................................................................... 220.00 $ VARIANCE............................................................................................. 2,370.00 $ Appeal........................................................................................... 1,780.00 $ Conditional Modification................................................................ 1,175.00 $ APPEAL OF PLANNING MANAGER'S/Z.A.'S DECISION .................... 440.00 $ OTHER.................................................................................................. $ TOTAL $ GI t7 UU . OD PROJECT ADDRESS �; ZO W i°—S+ 1�)LAt�-h !9-I&Ce DATE 1 () L;1 APPLICANT NtO/rIQ Vi( PHONE - Ll 2-02 MAILING ADDRESS L�?� 1�1_TO i 1�� C�) }' �1 A j� BY RANCHO PACIFIC PROPERTIES, INC. 1280 BISON AVE. B9-609 I NEWPORT BEACH, CA 92660 J_ PAY TO THE COMMUNITY �ANn 8001 Irvine Center Drive, Ste. 950 rvine, CA 92618 16-347/1222 2111 10/212007 ORDER OF City of Santa Ana $ `"3,000.00 Three Thousand and City of Santa Ana Attn: Hally Soboleske 20 Civic Center Plaza M-20 MEMO =- Santa Ana, CA 92702 West End Lofts EIR ODD 2 1 1 Lill 1: 1 2 2 20 34 7 11: 08 OO 1 2 791i' RANCHO PACIFIC PROPERTIES, INC. City of Santa Ana Date Type Reference 9/26/2007 Bill West End Lofts EIR 2111 10/2/2007 Original Amt. Balance Due Discount Payment 3,000.00 3,000.00 3,000.00 Check Amount 3,000.00 Courthouse Lofts- Ge West End Lofts EIR 3,000.00