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Home My WebLink AboutJONES & STOKES ASSOCIATES 11,�L 4- 91 City of Santa Ana i Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with COTC Office Use Only 2013AG 7 AM 9-17 NTA ANA '�15d / V- '�" f III Cott, No. l/Z No. / was completed on i /1D and final payment has been made. (List all amendments. /Use space below if needed.) v ` It Ai Department: 1 Phone/Ext.: 002 U f3 (IIro 30 (/2 Signature: / c / o Date: Revised 08-23-10 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES /0-/-CJ' CLERK OF COUNCIL CONSULTANT AGREEMENT A-2008-i" DATE: JUL 2 12008 L': P6 ( I� T�njc, 2,:-,) THIS AGREEMENT, made and otered into this 2°d day of June, 2008 by and between IVr rJONES & STOKES, a DeFaware corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: ICF Jones & Stokes Mr. Chad Beckstrom 17310 Red Hill Avenue, Suite 320 Irvine, California 92614 Telefacsimile 949-260-1081 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEAL L Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney r\ By: \L Laura Sheedy Assistant City Attorney CITY OF SANTA ANA &J1h '/0"— DAVID N. REAM City Manager 4ef JONES & STOKES OGI'r Sy l W c - pv— aj J I �� C 41c, Pass tw*)1— A��'�r tc,L �f r Tax ID# EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEDULE 1110�— ICF'Sotno'k"&es an ►CF Intemational Company IApril 11, 2008 Mr. Pedro Guill6n, Associate Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 SUBJECT: Statement of Qualifications for Environmental Consulting Services Dear Pedro: ICF Jones & Stokes welcomes the opportunity to submit our Statement of Qualifications (SOQ) for Environmental Consultant Services to the City of Santa Ana. We are enthusiastic to have the opportunity to continue our working relationship with the City of Santa Ana Planning Division and provide our expertise related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) on behalf of City staff. The attached SOQ provides background and qualifications of our firm, personnel experience, relevant project experience, and references in response to the RFQ. We are confident that our understanding of issues in and around the City of Santa Ana, our experience in performing and completing high profile and complex multidisciplinary environmental projects, and our knowledge and application of environmental laws and regulatory programs make us preeminently qualified for this effort. As an associate principal and project director with ICF Jones & Stokes, I am authorized to bind the company and am pleased to offer our services to the City of Santa Ana. Should you have any questions, please feel free to contact me at 949/260-1080. Sincerely, Chad R. Beckstrom Associate Principal/Project Director LXH i 17310 Red Hill Avenue, Suite 320 - Irvine, CA 92614 - 949.260.1080 - 949.260.1081 fax kfi.mm _ jonesandstokes com Table of Contents r-- 1CF1S0tnoekse"s' an ICFlntdnadonatCompany ICF Jones & Stokes Background and Qualifications 1 Personnel Experience 2 Team Introduction and Organization.....................................2 KeyPersonnel.......................................................................3 General Scope of Services 10 Overview of ICF Jones & Stokes' Approach .......................10 Approach for Environmental Impact Analysis (CEQA/NEPA).....................................................................11 Approach for Technical Support Services ...........................16 General Time Schedule.......................................................16 EstimatedFees....................................................................16 Relevant Project Experience 17 References Fee Schedule IInsurance Requirements fi1�7 20 20 City of Santa Ana Consultant Services ICF Jones & Stokes Background and Qualifications - ICF Jones & Stokes (formerly Jones & Stokes Associates, Inc.) is a multidisciplinary consulting firm specializing in environmental analyses, planning, and regulatory compliance. We are one of the leading environmental consulting firms in the United States and are recognized for our expertise in the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), Clean Water Act, and Endangered Species Act (ESA). Our staff includes nationally known experts who have published handbooks used in California and elsewhere, including the CEQA Deskbook.• A Step -by - Step Guide on How to Comply with the California Environmental Quality Act and the NEPA Book. A Step -by -Step Guide on How to Comply with the National Environmental Policy Act. ICF Jones & Stokes maintains a full-time staff of approximately 500 professionals, including environmental planners, scientists, engineers, permitting and regulatory compliance staff, attorneys, and public involvement specialists. Our staff provides expertise in environmental planning, water resources, energy, public services and utilities, biological resources, cultural resources, air quality, noise, traffic and transportation, socioeconomics, land use, aesthetics, recreation, solid waste, hazardous materials, and public involvement. In February 2008, Jones & Stokes was acquired by ICF International, a global environmental management firm, thereby expanding our access to the extraordinary technical skills of over 3,000 employees. ICF staff maintain expertise in a broad range of environmental disciplines including climate change, energy, homeland security, water resources, and public works infrastructure. Under the terms of the merger, Jones & Stokes Associates, Inc. is now a wholly -owned subsidiary of ICF. A partial list of our services that are relevant to the proposed project includes the following: ■ CEQA/NEPA documentation. ■ Endangered Species Act compliance. ■ Conservation planning. r— ICF lsotnoekses anKT-Interrmdona)Company ICF Jones & Stokes is a growing firm with 21 offices in six states. Ten of our offices are located in California, with six offices making up the Southern California region, including Orange, Los Angeles, Riverside, San Bernardino, San Diego, and Kern Counties. City of Santa Ana Consultant Services 1 ICj8z F Stokoneses an ICF International Company ■ Wildlife management programs. In Botanical surveys and inventories. ■ Wetland ecology and permitting. ■ Land development planning. ■ Public involvement and facilitation. ■ Cultural resources management. ■ Air quality and noise assessments. ■ Aesthetic and visual resource analyses. ■ GIS/CAD/database applications. Personnel Experience Team Introduction and Organization ICF Jones & Stokes has identified a team that will enable us to be fully responsive to the RFP requirements and the City's needs. Chad R. Beckstrom, AICP, will serve as the project director for the City of Santa Ana contract. Chad is the team leader for our local government planning team in Irvine, and he is one of our strongest senior project managers in the region, bringing extensive experience managing environmental documents for development and planning projects on behalf of local government planning departments. A qualified team of planners and environmental scientists will complement Chad on individual projects as needed. The following are brief descriptions of qualifications for the key professionals from which we can draw from for individual project needs. The organizational chart below shows our team personnel structure and roles. Full resumes will be provided upon request. 2 City of Santa Ana Consultant Services C F Isotnoekes an KY d"I ConVaM Organizational Chart Key Personnel Chad R. Beckstrom, AICP—Project Director Chad is an associate principal and senior project manager, specializing in CEQA compliance for urban development and comprehensive planning projects. He will be the main point of contact with the City of Santa Ana as the program manager and principal -in -charge for projects on behalf of the City. Chad has over 11 years of experience managing and preparing multidisciplinary environmental documents and focused studies for a wide range of projects, including residential communities, commercial developments, industrial facilities, and mixed -use master plan City of Santa Ana Consultant Services 3 C F St kes an la International Company Rachel Struglia is no stranger to complex and controversial projects, and has managed over $1 million in project contracts simultaneously. 4 City of Santa Ana Consultant Services projects. He brings a firm working knowledge and understanding of CEQA to his clients and works tirelessly with agencies to defend legal challenges. As a university instructor on CEQA topics, he stays up-to-date on the latest environmental trends, legislation, and case law to bring an added layer of security to his clients. Chad has provided ongoing training and environmental consulting services to the City of Santa Ana Planning Division staff, providing on -call services to advise staff on CEQA issues and to review reports prepared by City staff. Chad earned an MURP, Masters of Urban and Regional Planning, from California State Polytechnic University, Pomona, and a BA in Environmental Analysis and Design from the University of California, Irvine. Rachel Struglia, PhD, AICP—Senior Project Manager Rachel is a planner with more than 10 years of experience in the preparation of general plans, specific plans, and EIRs for a wide variety of projects throughout southern California. Recent projects that she has managed include an EIR for The Block at Orange Expansion Project, an EIR for Pinnacle at Uptown in Orange, the Puente Hills Intermodal Facility EIR for the City of Industry, and Rail Risk Studies, Pipeline Risk Analyses, and Health Risk Assessments for school districts throughout California. Rachel earned a PhD in Environmental Analysis and Design from the University of California, Irvine, an MS in Justice Studies from Arizona State University, and a BA in Anthropology from the University of Connecticut. Ken Bogdan, JD —Environmental Counsel, QAIQC Review As environmental counsel at ICF Jones & Stokes, Ken Bogdan provides assistance to clients regarding compliance with CEQA, NEPA, Clean Water Act Sections 404 and 401, National Historic Preservation Act Section 106, federal Endangered Species Act Sections 7 and 10, California Endangered Species Act, and California Fish & Game Code Sections 1600-1616. Ken's principal responsibility is to work with clients and staff to provide in-house guidance on environmental documents prepared at ICF Jones & Stokes. Ken earned JD from the University of California, Davis, School of Law, and a BS in Environmental Management from Rutgers University, Cook College, New Brunswick, New Jersey. Charles Smith, AICP—Senior Project Manager Charles Smith is a principal and project director with ICF Jones & Stokes, where he serves as branch leader for the Irvine office and environmental planning team leader for the southern California region. Charles has over 17 years of diverse experience in private sector consulting for land planning, energy services, public works infrastructure, transportation, and other development projects. Charles has authored numerous reports in compliance with CEQA and NEPA, and he has extensive experience in impact analysis, permitting, and entitlements processing with a variety of federal, state, regional, and local agencies. He earned an MPI in Urban and Regional Planning from the University of Southern California and a BS in Business Administration from the University of Southern California. Nicole Breznock—Project Manager/Environmental Planner Nicole is an environmental planner with experience managing and preparing environmental impact analyses documentation. She specializes in CEQA/NEPA compliance and impact analysis. Nicole's primary services are project coordination, CEQA compliance, NEPA compliance, and documentation for EIRs and EISs. Nicole holds a Masters of Environmental Management (MEM) from the Yale School of Forestry and Environmental Studies and a BA in Environmental Analysis and Design, and Criminology, Law, and Society from the University of California, Irvine. Wendy Beattie, AICP—Project Manager/Senior Planner Wendy Beattie is a senior planner and project manager with ICF Jones & Stokes. She has five years of experience in urban and regional planning, urban design, and environmental planning. Wendy has served as a project manager for projects involving the preparation of specific plans, master plans, design guidelines, and community charrettes and visioning efforts.- She also prepares r-- ICFJoStoke& nes s an ICF InamaUona.1 Company Prior to joining ICF Jones & Stokes, Nicole Breznock worked as an assistant planner for the City of Irvine, bringing local government entitlement experience. City of Santa Ana Consultant Services I C F lsotnoesskes an ICF lm*natlonal Company Keith Cooper has a thorough understanding of the national and state Ambient Air Quality Standards, as well as the rules and regulations adopted by the SCAQMD. 6 City of Santa Ana Consultant Services CEQA/NEPA documents for a wide range of planning development projects. Wendy is a cef#ified Downtown Professional from the California Downtown Association and an AICP Certified Planner. She holds a MURP in Urban & Regional Planning and a BA in Psychology and Social Behavior from the University of California, Irvine. Keith Cooper, AICP—Air Quality/Health Risk Assessment Keith has more than 10 years of experience as an environmental planner, with specialization in air quality assessments. He has prepared numerous air quality impact assessments for various public infrastructure and private development projects. His expertise includes a comprehensive background in emissions inventory development, construction- and operations -period air quality impact analyses, and air toxics human health risk assessments. Keith holds a BS in Business Administration from California State University, Dominguez Hills, and is an MA Candidate in Urban Planning at UCLA. Mike Greene, INCE—NoiseNibration Mike has spent over 19 years in the field of acoustical analysis and noise control engineering. His expertise is in analyzing future noise and vibration impacts from and on proposed transportation, residential, commercial, and industrial projects. Mike also designs control measures for noise effects and has prepared numerous reports presenting the results of field measurements, analytical modeling, and noise control measures to meet federal, state, and local noise standards. He is skilled in modeling roadway noise impacts using the Federal Highway Administration's Traffic Noise Model (TNMO). He holds a BS in Applied Mechanics from the University of California, San Diego. Ted Lee —Biological Resources Ted has been active in ecological research and field studies for more than 11 years and currently specializes in natural resource management and agency consultation. Ted's experience includes agency consultation, conducting wetland delineations and biological studies, performing sensitive species surveys, coordinating large- scale environmental compliance and ecological restoration programs, and preparing CEQA documentation. He earned an MS in Ecology and Evolutionary Biology from the University of Arizona and a BS in Biology from the University of Michigan. Stacey Jordan, PhD —Cultural Resources (Historic Archaeology) Stacey has been involved in the fields of archaeology and history for over a decade, with specialization in historical archaeology. She has extensive experience in archival research and historical writing and has worked on projects spanning from early colonial contact to the recent past. Supplementing her work in cultural resources management, she conducts research on ceramics, community development, and identity construction in colonial South Africa. Stacey earned a PhD, MPhil, and MA in Anthropology from Rutgers University, New Brunswick, New Jersey, and a BA with High Distinction in Anthropology from the University of California, Berkeley. Richard Starzak—Senior Architectural Historian Richard Starzak has 27 years of experience as an architectural historian, specializing in consultation on behalf of public agencies for compliance with Section 106 of the National Historic Preservation Act. He specializes in large-scale architectural/historical surveys required to establish National Register eligibility. He has developed database programs for accessing large inventories of historic resources and creating technical reports. Richard meets the Secretary of the Interior's Professional Qualifications Standards in Architectural History. He earned an MA in Architecture: History, Criticism, and Analysis from the University;Af California Los Angeles. ICF= an Iff International Company Ted Lee has an expert knowledge of preparing biological studies in compliance with CEQA, NEPA, federal and state endangered species acts, Clean Water Act, and California Fish and Game Code. Richard Starzak has earned a reputation for problem solving when historic properties cause constraints by developing creative alternatives, approaches, consultation documents, and mitigation. City of Santa Ana Consultant Services 7 I C. F Jones s Stokes an KY kftematloml Company Antra Buising developed a rave - reviewed workshop in writing for geoscience professionals. 8 City of Santa Ana Consultant Services David Greenwood —Architectural Historian David Greenwood has over 5 years of cultural resources experience 'with historic surveys, preparation of historic property inventory forms, archival research, Historic American Building Survey/Historic American Engineering Record (NABS/HAER) documentation with large format photography, and field work for individual properties. His skills include drafting, use of AutoCAD, and photography. In 2003-2004, David assisted in updating portions of the Caltrans statewide historic bridge inventory by surveying and evaluating a variety of pre-1960 structures, including 17 tunnels and 26 concrete box -girder bridges according to National Register criteria. David earned a BA in Architecture from the University of Southern California. Anna Buising, PhD—Geology/Soils Anna Buising is an environmental planner with extensive experience in geological sciences. She specializes in preparation of technical sections related to geology/seismicity/soils, hydrology/water quality, and various other topics. She is also active in geohazards abatement planning work. As a teacher, Anna and her students were among the first researchers to use the Neogene stratigraphic record to test quantitative reconstructions of past movement on the San Andreas fault system. Anna earned a PhD in Geological Sciences from the University of California, Santa Barbara, and a BS in Geology from the University of California, Los Angeles. Russ Grimes—HydrologyMater Resources Russell Grimes is a senior environmental scientist who has worked extensively on water -related issues in California. Russ has addressed a range of issues from ESA consultation and preparation of environmental documentation to rule making. He has managed many high -profile water management and use projects throughout California. Russ' scientific, technical, and real world environmental and water management planning experience allows him to thoroughly identify and address key issues. Russ earned an MS in Environmental Management from the University of San Francisco and a BA in Environmental Studies (minor in Economics) from California State University, Sacramento. Shelah Riggs —Regulatory Compliance/Permitting Shelah Riggs is an accomplished project manager with over 7 years of experience preparing CEQA/NEPA documents and regulatory permitting under the federal Clean Water Act, state Porter -Cologne Act, state Fish and Game Code, and federal and state endangered species acts. Her technical work includes preparing Section 401, 404, 1602, Waste Discharge Requirement, and Section 7 Permit applications; 404(b)(1) Alternatives Analyses; and Conceptual Mitigation Plans. Shelah earned an MS in Environmental Studies from California State University, Fullerton, and a BA in Geography from California State University, Fullerton. Aaron Carter —Environmental Planner Aaron is an environmental planner with ICF Jones & Stokes with experience in environmental analysis and GIS applications. He assists with the preparation and coordination of CEQA documents for various transportation, development, and natural resource management projects, and his expertise includes demographic and imagery analysis using GIS and database design. Aaron earned a BA in Geography from California State University, Fullerton. Jennifer Barnes, PE—Transportation/Circulation Jennifer has over 16 years of transportation planning and engineering experience in the public, private, and academic sectors. Her duties include all analytical aspects of transportation planning, engineering, and impact analysis. Jennifer's experience includes development of the transportation element of city and county comprehensive plans, environmental impact analyses, traffic analyses for site impact studies, transit and nonmotorized analyses, traffic signal design and analyses, and geometric design of transportation infrastructure. She earned an MS in Civil Engineering/Transportation from the University of Washington and a BS in Civil Engineering from Iowa State University XNNNO— '�1_hones& Stokes an U International Company Shelah Riggs maintains an excellent rapport with resource agency staff and has successfully negotiated and assisted in implementing favorable mitigation conditions for a variety of public and private projects. Jennifer Barnes brings a unique combination of transportation planning and engineering to writing reader -friendly traffic impact analyses. City of Santa Ana Consultant Services 9 ICJones& F Stokes anKfjomlCoffpam our project management team will provide quality control review and strategic oversight and will work closely with the City as an extension of staff. 10 City of Santa Ana Consultant Services General Scope of Services Overview of ICF Jones & Stokes' Approach The City of Santa Ana Planning Division will be processing a potentially wide range of projects, each of which will require environmental documentation of a potentially equally wide range. Regardless of the type of environmental document that is ultimately produced or the complexity of the clearance process that would need to be successfully negotiated, one clear objective that must be observed is the ability of the document to communicate analytical findings in a clear, concise, and easily understood manner, bearing in mind that the reading audience may include detail -oriented interest groups, political representatives, and the general public. It is the purpose of environmental documents to disclose potential impacts, not to obscure them. ICF Jones & Stokes prides itself on the quality and clarity of its environmental documents. Each project managed by ICF Jones & Stokes will have the full attention of the designated project manager, and continuing coordination will be maintained between ICF Jones & Stokes' and the City's project manager throughout the process. Key milestones will be identified at which project decisions may be needed. Problems will be communicated as soon as they are discovered because oftentimes resolution of problems during the course of project development can alleviate much larger difficulties later on. Review cycles will be conducted until such time as the City is pleased with the products being produced. Document preparation T schedules, delivery of interim and final products, and key steps in the public comment and subsequent document finalization stages will be _ identified and thoroughly discussed. Drawing on our understanding of the project issues and required work products, we will assemble a team of professionals greatly experienced in issues similar to those for a given proposed project. Because ICF Jones & Stokes is able to use a high proportion of in- house staff with minimal use of subconsultants, our firm can ensure a high degree of quality control and efficient coordination. ICF Jones & Stokes also assigns senior -level task leaders for all technical disciplines, which gives us the. ability to maintain a high I level of quality throughout the work assignment and ensure logistic efficiency in our work efforts. Technical review will be accomplished by senior task leaders and our project management team, including one of our in-house environmental counsel, prior to delivering our work products to the City. ICF Jones & Stokes employs a team of CEQA technical editors and graphic artists to ensure that the reports are readable, concise, and visually appealing. Our administrative procedures require that all deliverables be thoroughly proofread and edited before they are submitted to the client. Our graphic artists create graphs, maps, diagrams, and other illustrations (in color when needed) to amplify text discussions. Approach for Environmental Impact Analysis (CEQAINEPA) ICF Jones & Stokes will use the same basic technical approach in preparing CEQA/NEPA documents for the City as we have on thousands of projects over the past 38 years. All EIRs and negative declarations will be prepared in accordance with State CEQA Guidelines, as well as all up-to-date CEQA-related legislation and case law. All EISs and EA/FONSls will be prepared in accordance with the specific federal lead agency NEPA Guidelines.- The environmental analysis will focus on the project, as delineated in the project description, preliminary engineering designs, and other information provided by the City. Special studies may be required as part of these projects. We will also support City staff in responding to comments received on any environmental documents prepared utilizing ICF Jones & Stokes' technical studies. Responses to the public agencies and the general public will be prepared and the technical studies will be modified, as appropriate. We will also provide support to City staff during the preparation of findings and address any other issues that may arise. ICF Jones & Stokes understands that our scope of work for environmental review and technical support services for the City of Santa Ana Planning Division will involve some combination of the tasks outlined below. We have provided our general approach to how we will address each of these tasks as they arise: r-- ICF= an ICF 1ftWff "1 C0"Mrry City of Santa Ana Consultant Services 1 i r-= ICF lotnoekses an ICF Intemational Comparry Project objectives must be developed in a way that allows the selection of a reasonable range of alternatives to evaluate within the environmental document, and that will assist decision -makers in making appropriate findings. 12 City of Santa Ana Consultant Services Task 1. Project Initiation/Develop Project Description and Obj6ptives Our project management team will meet with the City's project team within 5 days of the notice to proceed to discuss the critical project issues, refine our scope if necessary, and gather all relevant data and materials to conduct the environmental analyses. ICF Jones & Stokes will review existing data related to the proposed project and the project site, interview relevant parties to gain a firm understanding of the project and the issues, and our project management and necessary technical staff will conduct field visits to review the site and the overall context of the surrounding area. We will work with the City to develop the project objectives and a detailed project description. As part of the project description, it is important to develop an accurate baseline setting that will serve as the basis for the environmental analysis in providing a suitable evaluation of the potential impacts that may result from the proposed project. Task 2. Prepare Initial Studies/Negative Declarations/Mitigated Negative Declarations ICF Jones & Stokes will prepare detailed Initial Studies to identify the potentially significant environmental impacts associated with a project in accordance with the City's CEQA Environmental Checklist. The Initial Studies will include a description of the environmental setting for each environmental discipline and will substantiate impact conclusions with factual data and scientific results. Technical studies may be included to support the Initial Studies' impact conclusions. Mitigation measures will be developed for all significant impacts in an attempt to reduce impacts to the extent feasible. ICF Jones & Stokes will submit administrative draft Initial Studies and Proposed Negative Declarations (NDs)/Mitigated Negative Declarations (MNDs) to the City for review and concurrence prior to distribution to agencies and the public for the formal public review period. Following the public review of the Initial Studies, ICF Jones & Stokes will prepare the NDs/MNDs in accordance with the City's approved format for adoption by the decision makers. Task 3. Prepare Environmental Assessments/FONSIs ICF Jones & Stokes will prepare an Environmental Assessment (EA) that will include the purpose and need, proposed action, alternatives, affected environment, and environmental consequences. ICF Jones & Stokes will ensure that the EA is reviewed and approved by the City prior to publication. ICF Jones & Stokes will prepare the Decision Notice and Finding of No Significant Impact (FONSI) and will ensure that they are reviewed and approved by the City prior to publication. Task 4. Prepare Draft EIRs/EISs This task will involve preparing technical studies, reviewing existing technical studies, synthesizing technical information, and supplementing additional technical analyses to support the preparation of the EIRs/EISs. The EIRs/EISs will include all of the required components as outlined in the CEQA Guidelines and the agency -specific NEPA Guidelines and will document conclusions with "substantial evidence" as appropriate. During the preparation of the EIRs/EISs, ICF Jones & Stokes will also consult with responsible agencies, review available information, and prepare the appropriate analysis for the respective issues. The EIRs/EISs will include a discussion of the existing conditions/affected environment, environmental impacts, levels of significance of the impacts, and appropriate mitigation measures for each environmental discipline, as needed. As required, the documents will include a discussion of direct, indirect, growth - inducing, and cumulative impacts. The cumulative impacts analysis will focus on the potential for environmental impacts from this project along with other proposed and reasonably foreseeable projects in the area. Additionally, each environmental document will evaluate a reasonable range of alternatives. ICF Jones & Stokes will work closely with the City and federal lead agency to identify and screen a reasonable range of alternatives for analysis in the EIRs/EISs. For NEPA projects, the alternatives analysis will normally take on a "co- equal' level of analysis for each alternative, whereas for CEQA-only projects, the alternative analysis may be conducted at a reduced level of detail as allowed by CEQA. XMMM 1CPSOtnoekse8s' an 1U ii Compa�r ICF Jones & Stokes will prepare technically sound, objective, and legally defensible Draft EIRs/EISs for projects brought forth by the City. City of Santa Ana Consultant Services 13 nwww--- KFISotnoekse't an ICF Inffimational Company We will submit administrative and screencheck draft documents to -the City for review prior to distribution of the documents for a formal public review period. Following the City's review and approval of the screencheck draft documents, ICF Jones & Stokes will incorporate the City's comments and will revise the document accordingly. ICF Jones & Stokes will prepare and distribute the public draft EIR to agencies and interested parties as directed by the City. Task 5. Prepare Final EIRs/EISs ICF Jones & Stokes will work closely with City staff to prepare responses to comments for comment letters received during the public review periods. These responses to comments, along with any changes to the draft environmental document, will be submitted to the City first as a screencheck final EIR/EIS. ICF Jones & Stokes will prepare the final EIR/EIS according to the City -approved format, which may include either a separate document that includes only the changed text or a reproduction of the draft EIR/EIS with redline and strikeout text. Following the City's review and approval, we will provide copies of the final EIR/EIS to the City, federal lead agency (as applicable), and commenting agencies. Task 6. Prepare Mitigation, Monitoring, and Reporting Programs Whenever mitigation measures are identified in either an EIR or MND, a Mitigation Monitoring and Reporting Program (MMRP) is required. We will prepare an MMRP that will identify mitigation measures, timing, responsibility for implementation, and monitoring methods. ICF Jones & Stokes will provide the MMRP in conjunction with the screencheck final EIR/EIS. We will work with City staff to identify appropriate responsible parties, methods, and timing. Task 7. Prepare CEQA Findings of Fact and Statement of Overriding Considerations/ NEPA Record of Decision ICF Jones & Stokes will draft a findings of fact, and, if necessary, a statement of overriding considerations for the decision makers prior to certification of the final EIR. For projects involving NEPA, we will 14 City of Santa Ana Consultant Services prepare a draft Record of Decision on behalf of the federal lead agency. Task 8. Prepare Public and Media Notices ICF Jones & Stokes will prepare all public notices required for the CEQA/NEPA process. These may include but would not be limited to: ■ Notice of Preparation (NOP). ■ Notice of Completion (NOC). ■ Notice of Availability (NOA). ■ Notice of Intent (NOI). ■ Notice of Determination (NOD). ■ Meeting notices. ■ Newspaper publications. Task 9. Public Outreach/Scoping Meetings ICF Jones & Stokes will work with the City to facilitate any required public meetings or community outreach. These may include scoping meetings to gather input on the environmental issues from the local community and affected agencies or meeting with stakeholder groups. Should the City desire, these may also include holding public hearings on the draft environmental documents. ICF Jones & Stokes can take responsibility for preparing agendas and presentation materials, sign -in sheets, comment cards, meeting minutes, and facilitating public involvement. Task 10. Attend Meetings ICF Jones & Stokes will be available to attend any project meetings and assist City staff, at their direction, through the public comment and certification processes, briefings to elected representatives, and other means of support as may be appropriate. ICF Jones & Stokes will prepare graphics and audio-visual materials, as necessary, for these meetings. Our team will take, produce, and keep minutes of all project meetings and furnish meeting minutes to the City. ICE st k an ICF kftff ational C=P-Y ICF Jones & Stokes' project management team, key technical personnel, and subconsultants will be available to attend meetings with City staff as well as public hearings before the planning commission and the city council. City of Santa Ana Consultant Services 15 The following represents a range in fees for various documents: ■ ND/MND: $10,000—$50,000 ■ EATONSI: $25,000— $75,000 ■ EIR: $50,000—$200,000 ■ EIS: $200,000—$400,000 16 City of Santa Ana Consultant Services Approach for Technical Support Services As discussed previously in this SOQ, ICF Jones & Stokes has the technical capacity to address nearly every environmental issue that arises. We will prepare appropriate technical reports to support environmental documentation or as stand-alone studies, as necessary. These may include but would not be limited to the following: ■ Aesthetics/visual resources (light and glare, shade/shadow studies). ■ Air quality. ■ Biology (plants/wildlife, aquatic, wetland). ■ Cultural resources (arch aeology/architectu ral history/paleontology). ■ Geology/soils. ■ Hazardous materials. IN Hydrology and water quality. ■ Land use/policy analysis. ■ Mineral resources. IN Noise/acoustics/vibration. ■ Population/housing/socio- economics/environmental justice. ■ Public services and utilities. ■ Traffic/circulation/parking. General Time Schedule The schedule for any given project will vary based on complexity of the project, number and magnitude of technical studies that may be required, public controversy, and review requirements. Additionally, where NEPA is involved, the City is subject to the federal lead agency's staff availability, review schedules, and other factors beyond the City's control that will impact the schedule. Estimated Fees Comparable to the variability in schedules for the different environmental processes, the fees associated with the reviews will also vary based on complexity of the project, number and magnitude of technical -studies that may be required, public controversy, and review requirements. ICFJones & Stakes an1CFaWConWm Attachment A: ICF Jones & Stokes Fee Schedule Effective January 1, 2008 Labor, ur Senior Project Director $250 Project Director i $220 - Technical Director _ -__- Managing Consultant/Senior Technical Analyst I $200 i $180 - - Senior Consultant III -�- I $160 _- -_ _ Senior Consultant II- $140 ---__- Senior Consultant 1 -- _- $130 Associate Consultant III - - $120 Associate Consultant II ------- -- -- - - ----- -- ------ -- _ ...- 1 $110 Associate Consultant 1 - -----------...y $100 Assistant Consultant ---------------------- --- Technician $55 Administrative Technician - -_ - Intern - '--- _--$55 $50 Other Direct Expenses Report Production: 8.5" x 11" Color photocopying --- ___-_--------------------- i i $0.89/page Report Production: 8.5 x 11" black & white photocopying $0.08/page Automobile mileage at current IRS rate or - $0.505/mile I Laptop computer (field projects only) - $10.00/day j A general and administrative charge of 10% will be applied to all other direct costs, inclusive of subcontractor charges. j er diem is charged at .�] bu.uuiday. A lodging surcharge will apply in high rate areas. Jones & Stokes Associates clients may reduce any current invoice by (1 %) of the billed amount if payment is made within 10 business days of receipt of said invoice. City of Santa Ana Consultant Services EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative DATE CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 1 3.0/03/2007 ODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HIS CERTIFICATE DOES OT AMENDEXTEND OR willis North America, Inc. ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 A-2008'"S SUREO ,zones A Stokes Associates, Inc- Attn: Pam-Lampkin 2600 V Street Sacramento, CA 95818 INSURERS AFFORDING COVERAGE NAIC# INSURERA:American International specialty Lines in 26B83-003 INSURERB:commerce and Industry Insurance Company 19410-004 INSUIAmerican International Specialty Lines In 26883-002 INSURII hmerican Home Assurance Company 19380-001 INSURER E. WV r-ntnu.-,., THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 SUBJECTTO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C PO ICY EFFECTIVE POLICY EXPIRATION LIMITS 5RIADD' TYPEOFINSURANCE POLICY NUMBER GENERAL LIABILITY PROP2027883 10/1/2007 �10/1/2008 EACHOCCURRENCE $ 1 000,00( DAMAGE±ORENTED $ 500,00I ll X I COMMERCIAL GENERAL LIABILITY PRE ES Ea occurence I---� CLAIMS MADE 5] OCCUR ` MED EXP (Any one person) S 5,00( Y $ 1 ODD 00(, GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X . FR� LOC AUTOMOBILE LIABILITY CA5054198 X ANY AUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIRED AUTOS I NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRE' I A LIABILITY PROU8 0 8 5 6 4 6 X OCCUR CLAIM5MADE HDEDUCTIBLE X RETENTION S 10.00( WORKERS COMPENSATION AND CA WC3426107 EMPLOYERS' LIABILITY AID wC3425106 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? if yes, describe under SPECIAL PROVISIONSbelow OTHER PROP2027883 A Professional Liability Claims )Fade PERSONALBADV IN,1UR GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOP AGO $ 1,000,000 10/1/2007 10/1/2008 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) L4jj :i .1 BODILY INJURY $ (Per person) BODILY INJURY $ (Peraccident) PROPERTYDAMAGE $ (Per accident) AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ AUTO ONLY: AGG $ 10/l/2007 10/1/2008 EACHOCCURRENCE S AGGREGATE S S 10/1/2007 10/1/2008 X T P IMIT5 Y R 10/l/2007 10/1/2008 E.L. EACH ACCIDENT S E.LDISEASE- EAEMPLOYEE $ E.LDISEASE- POLICY LIMIT S 10 1 2007 I10/l/2008 1$3,000,000 I` Each Loss $3,000,000 Aggregate )ESCRIPTION OF OPERATION5ILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS te: On -Call Services 0 0 the City of Santa Ana, its officers, agents, employees, volunteers and representatives are Lncluded as Additional Insured as respects General Liability, as required by written contract. if :squired by insured contract, such insurance as is afforded by this policy is primary and no other insurance of the Additional Insured will be called upon to contribute to a loss. TF HOLDER City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Roes Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 ;ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 25(2001/08) Coll:2129470 Tpl:690109 Cert:96 90 ®ACORD CORPORATION 1988 page 2 of 2 IMPORTANT It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Co11:2129470 Tp1:690109 Cert:9630790 EFFECTIVE DATE: 10/1/2007 POLICY NUMBER: PROP2027883 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured — Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Santa Ana, its officers, agents, employees, volunteers and representatives Re: On -Call Services (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984 V; ENDORSEMENT NO. 8 This endorsement, effective 12:01 AM 10/1/2007 Forms a part of Policy No: PROP2027883 Issued to: Jones & Stokes Associates, Inc. By: American International Specialty Lines Insurance C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of $ 0.00 it is hereby agreed that the following is included as an Additional insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you. Additional Insured: The City of Santa Ana, its officers, agents, employees, volunteers and representatives This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. 78123 (6101) Q 1486 ,� , lc: - AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) -ACORD,M ;" ,►ERTIRWIM " PF LIABIL,TTYNSURANC DATE(MM/DD/YY) 07/01/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk services Northeast, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE fka Aon Risk Services, Inc. of New York HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 199 water Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. New York NY 10038-3551 COMPANIES AFFORDING COVERAGE COMPANY Federal Insurance Company PHONE - 212/441-1000 FAX. 212/441-1953 A w INSURED COMPANY Great Northern Insurance Co. )ones & Stokes Associates, Inc. B 9300 Lee Highway COMPANY Fairfax VA 22031-1207 USA C steadfastd Insurance Company o 0 COMPANY THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS B GENERAL LIABILITY 35812409 06/25/08 06/25/09 GENERAL AGGREGATE $2,000,01 X COMMERCIAL GENERAL LIABILITY Package - Domestic PRODUCTS -COMP/OP AGG $2 , 000 , 01 PERSONAL & ADV INJURY $1, 000, 01 CLAIMS MADE [X� OCCUR OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 01 FIRE DAMAGE(Any one fire) $1, 000, 01 MED EXP (Any one person) $10 , 01 A AUTOMOBILE LIABILITY X ANY AUTO 73522955 Automobile - All States 06/25/08 06/25/09 COMBINED SINGLE LIMIT $1,000,01 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS ( Per person) BODILY INJURY (Per (Per accident) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE ` f ,. !I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: VANS" EACH ACCIDENT AGGREGATE A EXCESS LIABILITY 9363-00-18 06/25/08 06/25/09 EACH OCCURRENCE $5,000,0 X UMBRELLA FORM umbrella Liability AGGREGATE $5,000,0 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND STATU- I TOWCRY LIMITS I OTH- . ..... EL EACH ACCIDENT EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE -POLICY LIMIT EL DISEASE -EA EMPLOYEE OFFICERS ARE: EXCL C PEC 913140701 06/25/08 06/25/09 Prof Liab Agg - All $3,000,0 Errors & Omissions I I X Nisc E&O Cvg overall policy aggre $3,000,0 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: on -call Services. The City of Santa Ana, its officers, agents, employees, volunteers and representatives are included as Additional Insured as respects General Liability, as required by written contract. If required by insured contract, such insurance as is afforded by this policy is primary and no other insurance of the Additional city of Santa Ana 20 civic center Plaza, Ross Annex M-20 P.O. Box 1988 Planning and Building Agency Santa Ana CA 92702 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AUTHORIZED REPRESENTATIVE a�4o�s �E Jita�H c/iitL/Le�/it, ✓srn lD ry n r-4 00 M N O O 0 z d r e0 L d U V r+� 4 V Attachment to ACORD Certificate for Tones & stokes Associates, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Tones & stokes Associates, Inc. 9300 Lee Highway Fairfax VA 22031-1207 USA ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Insured will be called upon to contribute to a loss. Certificate No: 570029381726 Ic cHu�e Liability Insurance Endorsement Policy Period June 25, 2008 to June 25, 2009 Effective Date June 25, 2008 Policy Number 3581-24-09 DTO Insured ICF INTERNATIONAL INC. JONES & STOKES ASSOCIATES, INC. Name of Company bREAT NORTHERN INSUk-%NCE COMPANY Date Issued June 25, 2008 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added: Who Is An Insured Scheduled Person or Subject to all of the terms and conditions of this insurance, any person or organization shown in the Organization Schedule, acting pursuant to a written contract or agreement between you and such person or organization, is an insured; but they are insureds only with respect to liability arising out of your operations, or your premises, if you are obligated, pursuant io such contract or agreement, to provide them with such insurance as is afforded by this policy. However, no such person or organization is an insured with respect to any: • assumption of liability by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. • damages arising out of their sole negligence. Schedule ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT Liability Insurance Additional Insured - Sehedufed Person Or Organization Form 80-02-2367 (Rev. 8-04) Endorsement continued Page t Liability Endorsement (continued) All other terms and conditions remain unchanged, Authorized Aepresenfativa at; LiabOty fnsuiana s Addrdortal Insured- Scheduled Person Or Orgenizatfon last page tam 80-00-23$7 (Rov. 8-04) Endorsement Page 2 U Liability Insurance Endorsement Policy Period .Tune 15, 2008 to June 2�, 2009 EffpCbVe Dale June. 2- , 2008 Policy Number 3581.24-W DTO Insured T{:F Tnternational, Inc. Jones & Stoles :associates, Inc. Name of Company Great Northern Insurance Company Date Issued June 25, 2008 :Y::C;s:aiP.:R:•r.,�v:..... ^'-"'-.-•<;{J.:" , <awR SA'7� .1 ,. `�w Cf w4 i �. grow:,.iN.'+.�Kr..:::Y...:�..PdtSi".�:. ,�::. .. �.,• , :'.... m.• Aney_+�r.;Si?&+iB[llJJ+:C^"n i.:'lirc4lR' '-' This Endorsctnew applies to the Following forms; GENL-RAL i.fABMY tc'kx'1"�x.2:aa&—IlKld.iw.uvl..LS:.�X..... •1i�.b7Ari.+i-':: �.,,V:aYr'hY.� ii'tiADi:mL?`:::ii:.Sa;;'?RAC°:'1.'.'Ak�.'!�Y�K�YiT�!r!:�w��?a?"2 . Under Conditions, the following condition is addW; Conditions Other Insurance — If goo agree, in a writtm watmt;t, agreement or l="t, m rr. 'Ode primary insurance for eny Primary additional person or organization inckrded in Who is An fnavrcd, this (hher Insurance - Himiry Additionaf In -Bored Incured condition amours. If other valid and Ol Icctibie insurance 4 availabIc to the ivnurrA fa' loss flue wotlid otharwise cover under tl» 5 utsurdwe, out obfigatitras are limited as follows. Primary insurance This insurance is primary N e WOW not week contributions from any orherinsuranc'n eraR*jC tv save persmi ur organiL J:itm with wham you agree to include irr Who Is An Insured, rxcepr whrm the Excess Insurance provision applies. F_xcess Instrrancs 'Ns insurance is exccsa nvcr tiny ottk.r insutattce, wheiher primary, excess, cuntingont ur tin any other basis: A. that is Fite, Extcrde3 {bvcrage, At:ilder's Risk. Inst-Olation Risk or similar insurance for your work; Liability Insurance QMK lnmustMM -. Nrr AddidorW fnswad conffnUed Form OO-t)2-2653 (Ed. t-Or) Ertdasomanf Page I i r Condlitions QMOT InsUfance - 13, that is imallnM that applies to pn►perly damage to mnvses rented to you or temporarily Primary Addvnonal (Kcupied by you with pormission of the owner Insured (eorytfrwa�) f , if the loss arise' out Df airc -Afl, autos or wilteramft (10 the extent not subject to the Aircraft, Antos Or Watcttraft cltcluxion); D. that is insurance: Provided tD you by Ally person or organization working under urn[ract or agreenont for you: or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. When this tnsurant:e is exCcs, we will have no duty 10 detend the IRSUred against stay suit if any 0ihet tnS M has a duty to defend such insured uyainst such snit~ If no other inSuTcr de€ands, we will undertake to do so, but we will be entitled to the irmured's rights against all those attic, inatirees. W'hcn thin insurance is excess over tAcT insurtmoc, wc. will pity only our shaft u l the 1Tnoual nl loss, if any, that ex.ecds the surn of the total: amount that all other insurance would pay for loss in the ahseuce or thin insurance; and • of all do4uctib1c and self -insured armwas under all other insurance. We will sluwa thr•. remaining los., if any, with any other tnsulance that is noI dt scTib-3 it: this Ezccss Insurance provision and was not negnt_arrA specifically ;o ap}mly in ex.:ess el the Limits Of Insurance shown in the Declarations of t_ii5 iTtstrTaace. 1& nod of Sharing If all of the other insurance permits canuibutian by equal churec, we will fotlaw kk is t rAhod also. Under this rmthDd Mch insurer mutrihutes equal amounts until it has paid its applicable lints of insurance or none of the lum remains. whichever currxs first. If any of the other- incurerrro dues not permit contribution by equal sharers, we %rill contribute by limits. Under this method, cacti insurer's €haze is bascd on tlu: ratio of its applicable, lints of insurance to lhv lutaJ applicable limits Df it ranee of all inBurug. All nthrr terms;Md tr>rnl;tionasemeln �n'hurrgcd. Avdhodxed AopmmVaeve Llabafty lnsuramxz r7rherinsurams- Prk-n• Addtiona[4tst,w )'alma SaM-2953 fEd. «•JJ Errdcvsamr>onr taatpage *W 2 POLICY NUMBED (08)7352-29-55 COMMERCIAL AUTO CA2049M10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modules insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FOAM TRUCKERS COVERAGE FORM With reslxW to coverage provided by this endorserent, the previsions of ttte Coverage Form apply unless modified by this endorawnent. Thrs endorsement fden*Ws person($) or organtmion(a) who are Insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not after coverage provided In the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorm nent Effective: 6-25-08 Named Insured: iCF international Inc., etas Name of Persons) or Organhatlon(s): Countersigned By: /Ai Ahnri-,.A j2-- It 14111EDUI.E "Any person or orgnnkation as required by an insured contract" (It no entry appears above, Information required to Complete this endorsement will be shown in the Declarations as appllC200 to the andora&,nant.) Each person or organlzatton shown in the Schedule is an insured" for Liability Coverage, but only to the extent that person or organization quatlties as an 'insurers" under Me Who is An insured ProvWon contained In Section Ii of the Coverage Form. CA 20 44142 99 CoPYright, Insurance Servioes Office, Ina, is% paw 9 of 1 (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this Policy to bring us into an action to deter- mine the "insured's" liability. 4. Loss Payment - Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen Property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an insured contract". Page 8 of 11 0 ISO Properties, Inc., 2000 CA 00 01 10 01 0 Conditions (continued) Transfer Or Waiver Of we will waive the right of recovery we would otherwise have had against another person or Rights Of Recovery organization, for loss to which this insurance applies, provided the insured has waived their rights Against Others of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this insurance have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. This condition does not apply to medical expenses. Liability Insurance Form 80-02-2000 (Rev. 4-01) Contract Page 24 of 32 III 4 �I��mmN,n"; V I� ,`ip9 :: .,Zn IVm CERTIFICATE .w�M..,�,,.„,, ,-. ol, I,11,kN��'CEµI„,IIy", PNIIM v " " H " ) . ,, , " w J " . ,u �w �" w"� 66"M �,��. �� III p nu IYi"..� a«I W�"�o. .�k "� Irli i Ir II e w " ,� ,.., �� " � II ""�� "w.. n", ��I ." � . AS A M � � R "„ � . N 1 ' RM I . �� " i ' 11. up; , ml, d l ","q Y „ " L' � 11, I r -� �w» �„„„ ;� ,.� .,,a r � „„ a N, ., .�. II "., 1 „�� µI ,�� '".� µ�� , � ,,r 'µ�� µ,I ' 1 ww.; � '�� ,..a „ .��, � ^w '��, m ..., "` ,, w gym .".", `gym," " , ' " NOTAMEND,IMP. . E .I . ' ." ,,,u.,.: ,, ,.,, YG N S LJRE, IIP ' I ra@ S L y Ft, L IR, A Great Norl-,hier",ii'i Insurance Co. 030 Federal3� � �m 4 nce w � 3) �,. 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P"'OftcY f"'o r1c) d L 111 ri-) 0. 19 It 0 J Lj ri e 2 5, 2 l�D 1 lID C ff ft, ve clawl n e 2 5 9 2 "'C) ) Pallcy, Niamtef C) D"I", 1"0 2 cl "ZI ID ICF Name ct ceirpp,jilly I �C-i rV If Pp DRtO hS-Sliad "June 21.511 20f'D(,,),9 I hi,,i 1",3adwrsemem Opplics tlj�) fi"'rTjjs; I 1,,JAl3JLrfl"Y t1ridiff W'110 lis, Ark Insured, lble, Who ISAn Initwred , PrDA$1111) is addod', Scho'dideld F"lv. e"INSOF"ll Ot 'MAJ 11(6-olMldifilocs cif r ` II I ting p'Lirwarill", tul 'di" WTit [C'll o',) mract �or Irit blerwcm you 4ul , (t ari iwwrttt� blut lhcy arc, 'amirieds (,ml) w4ll re.q'ject to liablI[fty, ari,3511,�.P out Ocyrllur epera l'k)rjs,- 11111, YOUl [wietn"'Ismsa, if yu,l we obligaled, pimsIumc 6,,) s,,ucj,j vylth sttc:h innivinic,ir as "s,plfbidled by thj�s polficy. such pascm Ior org,;knjzz!lirjV iS,211 riespep t [,n "d'sSullipf"iurl cif' lia,bil"Itv by (1, 1ef"n in, a lrccim,mact alurexticutI, Phis lirr'Lllatkn-i, IV. l,'cnint Ifie IUshility fvir darlageg Cot L)IF dml)&""'q4cj' to %vhjcIh 071118" noSurgink,"r. applic'51, that wiciulid, balve I n rr)t, :tbSCrj,(;,c (,yf'&uc,b az:l cv ri r CIA lu, .ICI UIII°Uo°III Sic bedule ANY PERSON OR, AS [<E01mia.'n Hy ENSURRO Cut"NTRACT Ill saan o�KKOr (Angempmat "Orr — — ----- . . . ... c"Up'l tfllfua d CV21-2361"'O' R'Ov 8, . ... . ... ... idabillity (OmArpuery� Alit othr;r tl,,:.,,rm ic,,,imidii'llorr rcrimin awhangerf, At*sarizl", .1 ............ . . ........ - — ------------ Of [In tm r Eadaram7w1of . . . ....... Ulditftlyinsurance .. . . ...... . . .. . . ... ........ . ..... — ........ ... -- .. ........ . Endbirs em varlt Plolll�cy Joisdoel Jurle V.5', 2-1009 to June 2:5,� 2009 Eftcb�'vsp; Da tp Junle 25� 2009 Policy Number Insumd Sk' Inc. Narne of [At rripany Nordle'I'll Itt, Oare lssi:,,,ted Jtnu 25, 201(Y) go, MR111 wirtern applies foll(",min ,g . . . . .... . . "I folder (-',c,,T)did(:xas, thir. f(Illowltig couditlon is, ziddr,(L CoindlVoms 10ther qn, agree. iin a written ;,tj,.r�rtta�' "��'o. lor parrztit,, pr(�,)vl i,ldt, p6maxy Pdrnia ly ddith:,�i rr iiat perscut ar oplIgan, izatbEl iU)C[UCkd iri, Yp"ho, 'Is An Insured, lhis C Inswerd lt`)SLR 'C�d tier val ki arm; ills"'wr,ance, i's : ut1u4dokm& wc lmder Ng frjsjjr,;qnct, uir o b f i ljmr) a,s fullovs,s, PrMr7aly IPS" Drill"111,01P Dis irlsvratq,,,c,, is pjjTjrjW-,,y. W'", i1DOT Sevflhufi, any other blo the PCTSOD UT W101 yu�.'T, agree ICI jrjCjtj(je irl"Mitla Is An fnstireldi, e�"e.(:i( wjhcr�i gle Excess InSurilrvio, provisb�m applJ,�,*h,,l, "This insupit" "III ,Ct,-,,j!j c,xcess ()ve, ° II,q othar C 'D I I i I I "i g) fz', n ""', iro r ij, j a, tit, Builder"t; Rkk, YOUrWOrk., cir Sil"OUlar invuram for lj=Dy u� m dR" 0,M01 11111-vialwice ��— -------------- it �2 65 3 (f: d, 14 .0 from ClL'l'ntmUl+d . ... .... . .. .... Conditions Other" histyriince thal is insurarm, pIrt1p, rty daittage to iver'nimns ronlecd o3 §Mc r 0: mp rax, P- rirrml 1"y' A dr.*96n i771171st"Ine irl OcCuPicid �YY(Iu 11ith perrri,issiior, of (he awmc-i-, W (17orwrwoo; if MC, WS Am% r)j;,j C)f airinrafl, RINUA rx WxPiIOW ircrifft (,to the P:xjiern non Subjecl In "lie, Airi.,-i, ,Avlo,15, 01, %latcrcriVt excialklm), D" Him is insurance: PrOW01W to ymi by, an), person or, (-,)r,�,g palizariolt -worki[lf?,, Undcr crwitraci Or algreumnerit fur yQU; Or 2, ujider whic.-,h ycm are inicludect as an in,,sueId-. or R HiaL is inmerance tutder any Prtypexty wtion Of &S pelicy, III ry,, gy, iJVR��Ur,a'rti:,,C Wir., wil! 1,-iavc no l (o di�,Tend thic imured qgahisf any wit. MAY knsurmr has u I III dcfenid sueimstiveld aillim S'lacl) wilti, Ifoo vlhcr irisaren, defcirnbi, wit- 'Vvill tmidari:ake Ito ,do sio,btlt wiftwill he, emmilleld l��, Ithr. insured's rights algainst all tlyo.w othcg it1 urem, Whcn 00,s excess,n,,r,7 " III IV, hff inuirance, wr- %ill 1p�ay Only our, Mare ("J tfle atummr[:'Ili f ffany, that e,,xccc1(JH tt"IC'S'llm of C"Ic tiuta[ arnwitit tftat', alf o6har insuranCC "A"(1LOCI Ilay fc)r lcp��s irr) Ibc abse-rice oft&4,, imsvranct,,, arid lot, 'al I ded luciJ'Lil Jr, a,nd Iwlf-Jn!;� kred xrnounts L�NJCI`4'12H 001U inSIMAMC. Wc: wif I share, thc, rcazinirg X C -S �S j,c,1S&,Jd 4 DY, wkffi am, other insurimcc, is scribe riot dtct in tf�bli rfr1c,,ic%risjarj alit! vvku; not ne"gorialle"d specifically, to arjAy in "excesi 1',)f the, "L i Ini lnsi.irar-jocir, s[lcywn in the E)eelarations ofthis instirame. M, etitiod of If all l ilhe insurwicc v�rrm,`L$ b)o qua share�,,�', vve, will this rite [.h,(,.xj 81, o, "I""Irlicler ttfls Methmd each insurier eqtj�aj 'atrzount"S U01ij it ilia"; P;"lill il,5 apj,)Hc:��bjv, ljrniv� Of insirance or nio;ne orthe jo,� S ritrwOns, vvhichaver coux,.s first,,, If ' ce 4100a not toes mimmurMtkm tq equal sb,ares, wie will iciintriburx 'by lirrlits,i UrAe,,r tivi,s M,:thod, cach, imsurer's st-tarr, is based on the ra6t, of iW iusurance W) the I�,,otal, 2tpplicablim bmits of irnswraiiict, of all inslyrcr,S, . . ... . .. . ...... . . .......... . . . .... . ...... 14-0f) re"traw"n wc.wftiarigir ca. III J, 5 , 20 1 ....... Con ditions Tr i-In, s%;(e r Or Waivie'.( Of "W,,,,, 1will waIIvt i.:'iv rIgl,,i ,�vc V,,'1i,')ukJ i�,Ihervvkvhavu Ud gainsl aruidier rwon ol- RO'Pts r16Y, R'leciolve IF organizatiory live Ims a) this insurance ;;JAWS, PV0ViCJC(J HIC 1FIS1110d TIM WaAVCt,,,) ftu-Ar il h- g t's "Agairlis-t Otk)'e3rs Of* rus.',�overy qjwr'�.s,( in'a contract vir that i�s SU&I has iaroirvd.'w,i ri�g lik; Ilu riocove!ir all t)r 1par t cr my jwjjwt� ocii imvtiramx him: nm bee rli, (Nmic rights im: IrmArrad to ak, Ric insuried rnu�'�( ('11-1 idler loss co impuir At our lOqUCSL IA III timtredwill bring, stik tit, co tis i -'irxJ hc1p ICU S V"If0mc Lhim 'I"his comihAm dcres rm appi y ky) Medical expleinsirs. L,rabih,IIrmurawirco Fbrrn Or,) X, 20,00 (Pal�e, 4-01), Con, tract F-Rga 2�el of "1.2 POLICYNIUMBER, ' - 7352-29-4,55 COMMERCIAL AUTO CA 20 48 02 09 THIS ENDORSEMENT CHAMOEM THE PWCY MXASE RM IT CAFWFU LLY, DESIGNATED INSURED Thf$ endarser'nerit oncidifies lrt$,Ur8,Mlce pTcjs4lde,cf u indor the &)�JjovArtq �9 8USNOS,S, WrO COW -RAGE FORM GARAGE i F'ORM, MOTCR CARRER COVERAG:Ij FORM TTIVCkERS COVERAOF FORM Act W11th rest tO cOverOgs PrOvIded bythis &Worswiwt, 'the pirovisloriii of the QQvwi Parrn gp* upliega njod, *d thfs andwswrwat. tif by Thr,siond"rrwit Idiantin" Pamon(s) cwrlorqwlZ"vq(5,) *fie *,,n$ lou'laur 'the COwagla Forin. Thift OOS rict aftWiclaverage provifded iIn tfte COvwZM, Form,, -Wficri dii & thP PNicY unlevvi ano0wr d3te lks 7"his endorsa7*nl chiawVes the poicy eftlarree on tft In(A WOW, Endormwmm i w fip Wln�lll Nanvd fn"rwip ICF Itinernaltiraraiial inc.,letaf Niww of ftraori(is'l or orWnjzg",,%)- Coamersogriwd 444 if 1 00 it Aj tOwu4vi mft,., 411,1 rieq, 1,),Y an I rrvitwed cotiti-aa 9 (If no ert#y appiDarq lat,011,M,, iriformtlr?n requVEK1 t1i c,(y,TlPJc*zif thls lendorsenwt li be jp, tf* Daular-ations as APPk�UCC W tho ftMldcrwrLerjl[,A 'i� iz IF tO tha extent thnt EaCh persan lor orqw[ Mk)n OhOW i t ttie 1%5chiedulp. Los- oui Insittrexi", kv, Liability, 4,'.,avwiv 101 �w n I ul Peraloor oroanizetion fallNs a"O colivIft , 's arl In wirw,� -, urwicler aw vvrto to An linsured rwrioiv4li writalnwid In Secdon u ice, th;,,A Farmi. i. GAD 10 02 �W '11, f Ciopyrs,ghtV, Offim In'010% Z'A it 0 .. . ... ... . fc, W, 29 rc:kM A.Ao- y 4 �i Aw JUirie 20109 to Ji,.,tne 25, 2009 If' We PPY fOr' the IOSS7, our payment will In- clu, idle the a:pIrglcable sgj% tax, �ifor ttle danlMlecl or stolen prpperty 51 r Of Mghts Of Recovery Aptnsf 0,#Ws I DPTT I - To Us It any person ("W <)rqaF-jjz,0t11on toi o�r f'rxi wtjorp rnsko PayMn�t ut)&rthIs Colverage Form 7� 0,10ts W rQ<--*11vsr dierrMcs (torn another- those rights are transfef red to U6,11, 'That po or organk;,Wion mus,j at) q, vG�ryjhjrkq nO�A , rs�on SeCare, Our righ"its, iwd must do rff;,otj, ss,ary 011V 60* r or '1105,55" to Impair th,elrr, Ip av (4 a liof. lit 1"o X CA DD 01 v w CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/26/2009 PRODUCER Aon Risk services Northeast, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY New York NY Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 199 water Street CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE New York NY 10038-3551 USA COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # PHONE-(212) 441-1000 FAX-(212) 441-1953 INSURED INSURER A: Great Northern Insurance Co. 20303 Jones & Stokes Associates, Inc. INSURER : Federal Insurance Company 20281 9300 Lee Highway - INSURERC: steadfast Insurance Company 26387 Fairfax VA 22031-1207 USA d INSURER D: L d IINSURER E: COVERAGES SIR aw lies Der terms and conditions of the Dolicv — 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. LIMITS SHOWN ARE AS REQUESTED INSR ADD' LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ATE(MM/DD/YYYY DATE(MM/DD/YYYY) A G NERALLIABILITY X COMMERCIAL GcNER.4L LIABILITY 35812409 Package - Domestic 06/25/2009 06/25/2010 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $1,000,000 CLAIMS MADE ® OCCUR PREMISES (Ea occurrence) Any one person X Prod -Comp op Incl in Gen'l Ag PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG ❑ POLICY ❑ PRO- ❑ LOC JECT B AUTOMOBILE LIABILITY X ANY AUTO 73522955 Automobile - All States 06/25/2009 06/25/2010 COMBINED SINGLE- LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS ( Per person) X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG B EXCESS / UMBRELLA LIABILITY 93630018 06/25/2009 EACH OCCURRENCE $5,000, OCCUR ❑ CLAIMS MADE Umbrella Liability AGGREGATE $5,000,000 DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- ORY LIMITS OTH- ER E.L. EACH ACCIDENT ANY PROPRIETOR / PARTNER / EXECUTIVE ❑ E.L. DISEASE -EA EMPLOYEE OFFICERWEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -POLICY LIMIT Ifyes, describe under SPECIAL PROVISIONS below c OTHER Mi Sc E&0 Cvg PEC 913140702 Errors & Omissions 06/25/2009 Prof Liab Agg - All $3,000,000 overall policy aggre $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: on -Call Services. The City of Santa Ana, its officers, agents, employees, volunteers and representatives are included as Additional Insured as respects General Liability, as required by written contract. If required by insured contract, such insurance as is afforded by this policy is primary and no other insurance of the Additional A CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 20 Civic Center Plaza, ROS �,.�pD�' OF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL P.O. Box 1988 APPA0 V ft AST 3�I TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Planning and Building dl n Agency BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 9 g y�r 1 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Santa Ana CA 92702 USA /r_ f f - AUTHORIZED REPRESENTATIVE '_Q� ACORD 25 (2009/01) / "' "" '"""" (D1988-2009 ACORD CORPORATION. All rights Th tt>;$St6 arA alA neyd marks of ACORD Attachment to ACORD Certificate for Jones & Stokes Associates, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Jones & stokes Associates, Inc. 9300 Lee Highway Fairfax VA 22031-1207 USA INSURER INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. R LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Insured will be called upon to contribute to a loss. Certificate No : 570035155266 c}+ufra LratarJt#y tfi7$iKaRCe Endorsement Poky Peryod June 25, 2009 to June 25, 2010 Effecove Dare June 25, 2009 Policy Number 3581-24-09 DTO Insured ICF International, Inc. Name of Company , Great Northern Insurance Company Da to Issuad June 25, 2009 This Fodorsemew applies to the followiul; fi;rrns; GFNF.RAL LIABILITY Under Who Is An Insured, the Foliowing provision Is added' Who Is An Insured SChOdUled Person Or %ubject to all of the terins arxl conditions Of tin. iusarancc, Joy pemin nr organization shown in the Organization Schedule, acting pursuant to a written contract or agrwrrwnt between you and such person or arganiwive, is an insured; but they arc insureds only with respect to liability arising our of your operations, or your premises, if you are obligated, pursuant to such contract or agreement, to provide tiern with such insurance as is ffrorded by this policy. However, no such person or organizaion is an insured with respect w any! assuttptiun of liability by them in a contract or agreement. This limitation does not apply n, the (lability for damages for iiilury or damage, to which this iusumiuc applies, that the pefwn of organWtion would have In the absence uFsucb contract or agreement. damages arising out orlfwir w(c ncgllgence. Schedule ANY PERSON Ok ORCANIZATION AS RHQIMRFIl 13Y INSURRO CVNTRACT L labih tf ins ura rce Addifear*trmrad-SCWGUVdPvrsonOrCXganozawn con6nuad Forma0-02-2367(Rev, 8-44) fndorsaftnt Page f Liability Endorsement ?cPmtnuedj All nihcr terms and enudidons remain unchanged. Au&arirod AWaaanI*Vva L1fibRy0,7&WMWd AdWiDtWfi "d-SchadumditmanOrOrpan4aow W?rPa9Q F M 80-02-2507 {Rov. 6-04) Endoraernanl page 2 luLiability Insurance Endorsement Policy Period June 25, 2009 to June 25, 2009 Effective Vate June 25, 2009 Policy Number 3581-24-09 DTO Insured ICF International Inc. Jones .fir Stokes-1.ssociates, Ine. Name of Company C;r•ent Nottltern Insurance Company Dare Issued June 25, 2009 This Endorseamrit applies to the following forms: GENERAL LIABILITY s,,,:'s'��'^>iS^'wi'#.��'iE3i?::s::...:e;o-:o:«.,;?�,..'i4«:StBi:¢9HizK..'S'?.'tir<a>:>:"✓.n^,%53kn19+'FY,'-a;cnx;arr:riiswi:,....;isir3�5f�i::i:aYi;ae!:k°;,., Under Conditions, the following condition is added. Conditions Other Insurance — Tf you agree, in a written contract, agreement or pmrat, to provide, primary inwrancc for auy P urnafyAdditional person or organization included in Who Is An Insured, this Other InSnrancc — Primary Additional Insured Insured condition applies. If other valid ane collectible insurance is availablc to the insured for loss we would otherwise cover under phis insurance, our obligations are limited as follows. Pnmary Insurance This inswalwe-. is primary_ We will not seek conuibutiiins from any other insurance availablc to the person or organization with whom you agree to include in Who Is An Insured, except when the Excess insurance provision applies, Excess Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or un any other basis: A. that is Fire, Extended Coverage., Builder's Risk, Tnstallation Risk or sirnilar insurance for your work-, Liability lmumncA 011191 bisurance — Primary Adalitronw Instuear continued Form 80-02-2653 (Ed. 4.01) Entrorsomenr Page t Condltfons Other Insurance — A. that is insurance that apphes to property damage to premisrs rented to you er tetmperrarily Primary Additional occupied by you with permissior of the owner; Insured ('contnuedJ C, if the loss arises nut of airL�rafl, aittus or watercraft (to the C%1eal not subject to :he Aircrafl, Autos Or watercraft excursion); D. tim is insurance: 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or F. [liat is insurance, tinder any Property section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit if any Wier insurer has a duty lu defend such itutured against such suit. If no other insurer defends, we will undertake to do so, but we will he entitled to the insured's rights against all thou other insurers. When this insurance is excess over other insurance, we will pay only our share cf the amnnnt pf Icss, if any; that exceeds the slim of the total; • amount that all other insurance would pay for loss in the absence of this insurance, and • of all deduciiblt: and self -insured amounts under all other insurance. We will share the remaining loss, i1 any, with any other insurance that is not described in this Excess hisurance provision and was not negotiated specifically to apply in excess of the Urnits of Insurance shown in the Declarations of this insurance. Method of Shef'Ing If alll of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicablr• limits of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit cntrribution by equal shares, we will contribute by limits. Under this method, cash insurer's share is based on the ratio of its Applicable: limits of insurance to the total applicable limits of insurance of all insurers. All other terms tied uonditions remain unchanged. Aufhorized Representetrvo Liability lmuraAea Other tnsuranca—PbMaryAddionaf imumd fast page Fam 60-02.2653 (Ed. 4-01) Emorsoment Pago 2 time[ al Liahilir•: - Police r 1531-'_-1-l?9 - (net 1,odltem hrursnice Conpaiiy htne 25. 2009 to .Tune 25, 2010 ICF hvfnitioual. hic . k: Jones & �Io1xs 4ic. Conditions (continued) Transfer Or Waiver Of Wo will waive une right of recovery 'xe would olherwist have Nid againsl another person or Flights Of Recovery unoanifation, fur 1:1.cs to which this insuranx applies, provided the insured has waiver! (heir rights Against Others of recovery against such person or organization in a contrwzt or agreement that is executed bvr4w Such loss - To the emeni that tht! insureds ri�hL+to recover all or ptut c:f any paymoni made under this insurance have not been waived, those ri ghts are transferred to The insured must do nothing after loss to impair them, At our rcqutst. tit insured will bring suit or transfer Ihosc rights ao us and help us enforce them. This conditic u does not apply to medical expenses. 'nY'xa•.%n »>:row•1!F^'•-y •!...••.-•...•.:-:..-.-••^v'•'S11�15!I '.S.V)1=1N.'1'.W 'VMS.'-`1. .K • .Fuyy4u�tML2µ 1��• .U�. •�!M1Y•1!� 'e�Y»1✓J'-: .r. h\•vS"•y.:. .....r:..11,.!x... .. i!..'?`.b.1',u ....!.'�.,S..f'1.W5:'b`.!a`.:aa.;.21,�!>l Y.`t.. ti r. rrxrr...v. r. rrxr............ r n... ........ .......... . LiabiTfty insurance Form 90-02-2000 (Rev. 4-01) Contract Ft:go 24 of 92 POLICY NUMBEFt - 7352-29-55 COMMERCIAL AUTO CA 20 48 02 89 THUS ENDORSEMENT CHANGES THE WOUCY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED Thfs endorsement rnodifies Insurance provided under the following; BUSINESS AUTO COVERAGE FORM GARAGE COMMAGE FORM DAOTOR CAFR ER COARAiGE FORM TRUCKERS COVERAGE POW With respet:t to coverage provided by this enduraerr0nt the provisions of the Gvverage Form apply unless modHW by this endorsement. This ondorsernent identifier; Pam on($) or orgenl%Aon(a) who are Insureds"under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided In the Coverage form. This endorsement changes the policy effective on the IneViicn data of the policy unless another date is indloeied below. Endorsannent Effective: 6/25/09 Named Insured. ICE International Inc., eta[ Name of Person(s) or Oryankatloa(s): Countersigned By. SC14 DME "Any per :von or arganization as regWred by an insured contrort" (if no entry appears above. Iniormatldn required to complete this endorsement will be shown in the Daclarations as eppttoa6le to the endarser ent.) Each person or organization shown in the Schedule is an 'Insured" for LiabiDty Coverage, but only to the extent that person or organzation quetlras as an "Ineurea" under" vuno to An Insured Provlalon contained In $vcdon If of the Coverage FDrm. CA 20 43 02 99 Copyrlsttt, Insurance Servioea Office, Ino., T% got 1 13 Commercial Auto - Policy # 7352-29-55 June 25, 2009 to June 25, 2009 ICF International Inc, /// Jones & Stokes Associates. Inc. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. m If there is loss" to a covered 'auto' or its equlpment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take ail reasonable steps to protect the covered "auto" from further damage. Aiso keep a record of your expenses for consideration in the settlement of the dellml, (3) Permit us to inspect the covered auto" and records proving the 'toss' before Its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed staternent of your answers. 3. Legal Action Against us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full Compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree In writ- ing that the insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this policy to bring us into an action to deter- mine the I nsured's" liability. 4. Loss Payment - Physical Damage Coverages At our option we may: a pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to ihe'auto"from the theft; or c Take all or any part of the damaged or sto- len property at an agreed or appraised value, If we pay for the 'loss", our payment will In- clude the applicable sales tau for the damaged or stolen property. OTT�Ulbr Of Rights Of Recovery Against Oflters If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing alter "accident" or "loss" to impair them. B. Genp W cardigons f. Balrong sty Bankruptcy or insolvency of the 'lnsured" or the Ineured's' estate will not rellevte us of any obligations Under this Coverage Form. 3. Concealment; Mlsropreselntatlon Or Fraud MIS Coverage Form Is void In any case of fraud by you at any Iwo as it relates to this Coverrege Form. It is also void If you or any Other Insured", at any flare, Intentionally con- ceal or misrepresent a material fact concerning: a. This Coverage Form; b. The oovered "auto`, c. Your Interest in the covered 'lento"; or d. A deism under Ibis Coverage Form. 3. Liberaftudon If we revise this Coverage Form to provide MOB coverage without additional premium charge, your policy wail autonnatleally provide the additional covarege as of the day the revi- sion Is effective In your state. 4. No Benelft To Bailee - Physkai Damage Coverages VW will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting Property for a fee regardless of any other pro. vislon of this Coverage Form. " -"-r Insurance a For any covered 'auto" you awn, this Cov- erage Form provides primary insurance. For any covered 'auto" you don't vwn, the in- surance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a 'troller' is connected to another vehicle, the Liability Coverage this Coverage Form pro- vides for the halter" is: (1) Excess while It is connected to a motor vehicle you do not own. (2) Primary while It is conneelled to a cov- ered 'tauto" you own. b. For Hired Auto Physical Damage Coverage, any covered 'auto" you (ease, hire, rent or borrow Is deemed to be a covered "auto" you own. However, any 'auto" that is leased, hired, rented or borrowed with a driver Is not a oovered "auto'. c. Regardless of Cie provisions of Paragraph a above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an Insured contract". Page 8 of 11 © ISO Properties, Inc., 2000 CA 00 0110 01