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HomeMy WebLinkAboutPBS&J 3City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect." Return form to the Clerk of the Council Office (M-30). CITY I — Call 647-5237 if you have any questions. CLERt [A AN The agreement with W ht No. -G�VUR — /02d (3) (Ile was completed on and final payment has been made. k R - IN?; -1 as- 001 (3a) Department: # A - 20b4 'IU-®Oz (-*) Phone/Ext.: Signature: Date: Revised 07-23-07 P64 V 276I/ ®�i3 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 9,3o-uy CLERKOFCOUNCIL DATE: CONSULTANT AGREEMENT A-2008-128 O: PBA UP ) Tonia Zerba THIS AGREEMENT, made and entered into this 2nd day of June, 2008 by and between PBS&J, a Florida corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter 'City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 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 fumish 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, employees, 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 parry 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 and Santa Ana, California 92702 telefacsimile (714) 973-1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: PBS&J Rita Kshirsagar Thomas 12301 Wilshire Boulevard, Suite 430 Los Angeles, California Telefacsimile (310) 268-8175 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. Consultant shall not be liable for the unapproved use, re -use, or modification of the work products without Consultant's express written authorization. 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: FJA —�/ PA RICIA E. EALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: P La 'a Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PBS&J C-5v atc". TsoFe2 Vice President Tax ID# 59 —©?q(-o lab' EXHIBIT A CONSULTANT'S PROPOSAL AND FEESCHEDULE 7 ® An employee -owned company April 11, 2008 ' Mr. Pedro Guillen ® City of Santa Ana Planning and Building Agency ® 20 Civic Center Plaza (M-20) ® Santa Ana, California 92702 Subject: Statement of Qualifications to Provide As -Needed Environmental Consulting Services ® Dear Mr. Guillen: ® To support the City of Santa Ana's (City) role in achieving the City Council's goals for the physical development of the community, the City seeks a consultant that can provide local CEQVNEPA expertise and serve as a seamless extension Of City staff. PBS&J, formerly known as EIP Associates, offers you a team of technical professionals with the capabilities to provide the full range of environmental consulting services. L PBS&J is a multidisciplinary environmental, planning, water resource, and engineering firm. We are proud of our long history collaborating with local jurisdictions and transportation agencies in the strategic advancement of the environmental review process. With over 8,500 successful environmental studies completed pursuant to California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), state and federal Endangered Species Acts, Clean Water Act, Clean Air Act, National Historic Preservation Act, and a host of other state and federal pieces of 0 environmental legislation, our team offers you professionals that can provide quality, legally defensible work products. io Enclosed please find our Statement of Qualifications that demonstrates our expertise in preparing environmental o documentation for the types of projects that the City of Santa Ana may pursue. The only person, persons, company or parties interested in the proposal as principals are named herein. The proposal is made without collusion with any other person, persons, company or parties submitting a proposal. It is in all respects fair and in good faith without collusion or ® fraud. The signer of the proposal has full authority to bind PBS&J. We have reviewed and meet the insurance requirements as provided in this RFQ. Upon award of contract we shall ® provide the City with a copy of our insurance certificate and agree to annually renew. If you have any questions or would like more information about our firm, please feel free to contact Ruta K. 'Thomas at (310) 268-8132 or by email ® at rkthomasCapbsj.com. Thank you for your time. We look forward to the opportunity to work with you in the future. Best regards, PBS&J Terri S. Vitar Vice President/Interim Division Manager i� fjp 12301 Wilshire Boulevard, Suite 430 • Los Angeles, California 90025 310,268.8132 • 310.268.8175 (fax) w ..pbsjxom EXH1B41 ,, 3 0 0 0 Cif 0 0 a 0 0 0 0 4 4 i� i� .4 e� 4� 4 r� i! 4s I� I� To support the City of Santa Ana's (City) on -going efforts in providing a safe, attractive, and business -friendly community through implementing state and local construction codes, as well as planning and regulating future land uses, the planning division seeks a consultant that will respond quickly and provide expertise for a variety of disciplines to meet anticipated environmental planning service needs. The PBS&J team has the capabilities to meet your goals. Who Is PBS&J? PBS&J is one of California's foremost multidisciplined environmental firms with 10 offices throughout the state. Founded in 1960, we have nearly 4,000 employees serving clients through a network of 80 offices nationwide. Over the past 48 years, we have developed expertise in a broad range of environmental support services and have completed over 8,500 successful environmental studies pursuant to California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), state and federal Endangered Species Acts, Clean Water Act, Clean Air Act, National Historic Preservation Act, and a host of other state and federal pieces of environmental legislation. Our staff provides the full range of environmental services, including CEQA/NEPA compliance, urban planning, biology, geology, hydrology and water quality, permitting, air quality, noise, cultural resources, and other sciences. We provide environmental analysis and planning for a full spectrum of planning, urban development, infrastructure, and natural resource projects, from assisting in the planning and design phases, through public outreach and environmental clearance, through conflict engagement and resolution, permitting, construction, and construction monitoring. PBS&J services satisfy federal, state, and local environmental requirements with an eye towards streamlining the environmental review, public, and regulatory processes. Our CEQA/NEPA services include: 0472401609940E From Vision to Reality ... PBS&J • Initial Studies/Negative Declarations (IS/ND) • Findings of No Significant Impact (FONSI) • Environmental Assessments (EA) • Environmental Impact Reports (EIR) • Environmental Impact Statements (EIS) • Tiered Environmental Documents • Construction/Mitigation Monitoring Programs • Public Hearings and Presentations • Findings and Overriding Considerations • Records of Decision • CEQA/NEPA Compliance Training PBS&J has a distinguished record of providing consulting services on complex public and private projects including EIRs on major urban development such as the Marina Shores Commercial East Commercial Center, the Rose Bowl Stadium Renovation Project, The Strand at Downtown Huntington Beach (Blocks 104/105) Redevelopment Project, Metro East Mixed -Use Overlay Zone, and The Shops at Santa Anita Specific Plan. Providing As -Needed Services During the next year, the City expects it will require a broad range of environmental consulting services, CEQA/NEPA documents, permitting, specialized technical studies, and agency and community coordination. The services will support specific City projects as they are proposed. With a number of successfully completed term contracts, PBS&J understands the nature and demands of as -needed environmental service solicitations. In addition to the City of Santa Ana, key on -call service contracts or qualified short lists held by PBS&J include: • Long Beach Redevelopment Agency • City of Long Beach • Orange County Water District • Culver City • Ontario Redevelopment Agency • Los Angeles Unified School District • University of California Los Angeles • Riverside County Economic Development Agency • Agua Dulce Vineyards LLC i 0 0 a 11 If K7 Statement of Qualifications to Provide As- Needed Environmental Services Subconsultants Although PBS &J possesses the full complement of expertise required in the City's Request for Qualifications, including cultural resources and traffic capabilities, it may be necessary `+ to augment our services with additional specialized services. We have a proven history of collaborating with the subconsultants described below to provide a greater breadth of resources to our clients. Kaplan Chen Kaplan — Cultural Resources Kaplan Chen Kaplan (KCK) believes that historic preservation can preserve important cultural heritage and provide a useful, sustainable building. They utilize the Secretary of Interior's Standards for Treatment of Historic Structures and State Historical Building Code to assist us in analyzing and preserving original historic design within a safe environment. KCK provides a full range of historic architecture and planning services, including site and facilities analysis, historic research and evaluations, master planning of historic resources, coordination with governmental agencies and reviews, concept documents for approvals and fundraising efforts, architectural design and construction documents, specifications for treatment of historic structures and materials, as well as comprehensive construction phase services. KCK meets the requirements of the National Park Service for Historic Architect and Architectural Historian. Their firm has a core staff that has worked on a variety of historic evaluations and rehabilitation projects and provides in depth research, documentation, and site review. KCK's analysis and evaluations provide a framework for planning, design and documentation. 0412:001609',0408 From Vision to Reality...PBS&J KOA Corporation — Traffic The KOA Corporation (KOA) is a consulting engineering firm providing planning and engineering services to government and private sector clients. Founded in 1987, the firm is controlled by nine owners /principals. KOA has a staff of over 80 employees located in five offices (Orange County, Los Angeles, San Diego, Ontario, and Oakland). KOA staff includes 15 registered civil engineers and/or registered traffic engineers. The company has strong expertise in transportation engineering and in project management. They have served in key roles on many of the largest transportation projects in Southern California. They have applicable experience in project management and in all project phases where transportation expertise is required. They have strong CAD capabilities and use both AutoCAD and Intergraph MicroStation. The firm's capabilities and experience include a wide range of work for public agencies and private developments. Specific areas of expertise include • Traffic Engineering Design • Traffic Impact, Circulation, and Parking Analysis • Highway and Infrastructure Design • Traffic Signal Design • Street Lighting Design • Work Site Traffic Control • Pedestrian and Bikeway Design • Signal Timing and Operations • Intelligent Transportation Systems (ITS) Design • Traffic Calming and Pedestrian Safety Studies • Geographic Information Systems (GIS) • Engineering and Traffic Survey (Radar) Studies i i r r i i i i i r r r r r r r r r r r r r r r r r r r PBS &J will prepare and review documentation relating to compliance with CEQA and NEPA for the City. We will provide all professional services required for preparation, coordination, and completion of the work described in this section. All CEQA/NEPA compliance work will be completed in accordance with applicable federal, state, and/ or local environmental laws, regulations, and /or guidelines. Alison Rondone, lead project manager, will be responsible for interfacing with the City. PBS &J guides clients through the environmental review process, finding practical and cost - effective solutions to complex environmental issues. Our senior project managers strategically design environmental documents and processes to meet the specific needs of each client and each situation in order to prepare efficient program- and project -level environmental documents, as well as streamlined, tiered studies. Our mitigation solutions are thoughtful, practical, and effective. PBS &J has prepared numerous environmental impact analyses for projects including commercial and industrial development, residential land development, recreation and entertainment, utilities and pipelines, long -range policy plans, infrastructure master plans, redevelopment projects, and public works projects, including water resources, roadway, and flood control projects. The PBS &J project team has developed a comprehensive approach that will assist the City in the preparation of environmental documentation that is responsive to public input and technically sound. The approach of the PBS &J project team is based on meeting the following objectives: r • Providing a highly flexible response to potential changes r in the project throughout the process r • Providing a depth and breadth of experience to address r any and all potential areas of concern • Serving as an extension of City staff to anticipate r controversial issues, provide unbiased recommendations, r devise solutions to potential impacts, and provide expert planning, policy, and environmental compliance r consultation; in essence, acting as one "leg" of an r integrated team 0412 001609 0408 From Vision to Reality ... PBS&J • Committing senior management to the project to provide close coordination with, and accessibility to, the City to ensure technical accuracy, document objectivity, and legal defensibility • Complying with CEQA, the current CEQA Guidelines, and current case law • Complying with all unique City processing requirements • Responding to all significant issues of concern raised by governmental agencies, private entities, individuals, and community groups • Participating in on -going team coordination meetings • Relationship as an extension of City staff PBS &J will place top priority on working as a partner with the City throughout the life of the projects. Understanding the City's objectives and ensuring that they are reflected in the planning and environmental review process are key aspects of the PBS &J approach. This collaborative working relationship is essential to the formulation of documents that can become an effective planning tool for subsequent City decisions. PBS &J's staff is uniquely qualified to exercise this collaboration. We have worked, and continue to work, effectively with the City and understand staff working styles and objectives. Staff Accessibility PBS &J considers staff accessibility of paramount importance to the successful completion of the environmental review process. Towards this end, we will continue the successful approach we have taken with other public agencies by making our management and technical personnel available on a regular basis, as necessary. Primary contact with City staff would be made through personal communication via telephone or e-mail. I i 0 r s !i M r r r r r r r r r r r r r r r r r P 1 It it statement of Qualifications to Provide As- Needed Environmental Services PBS &j Responsibilities PBS &J will take responsibility for project initiation and organization, data compilation, impact assessment, development of mitigation measures, report compilation and distribution;, monitoring and review for CEQA adequacy, ' preparation of all required notices, attendance at public meetings and hearings, response to public comments, coordination between City staff, developers, and the environmental project team. Objective Documentation An objective and technically accurate document provides the best foundation to make reasoned decisions on projects that are highly visible and potentially controversial. Because of the potential level of community interest and sensitivity to future projects, it is critical for a consultant to maintain objectivity and credibility. PBS &J staff will exercise particular care to ensure that: • All technical analyses contain explicit documentation of data sources and research contacts, and that accurate technical data is utilized for baseline conditions • All technical data is analyzed in an objective and clearly defined manner • All technical data is accurately incorporated into the environmental document • Implementable and measurable mitigation measures are recommended Expert Technical Analyses PBS &J's project team is intentionally composed of experts in key technical fields who will provide the credibility necessary to successfully produce all technical studies and complete the environmental document. The work of subconsultants is integrated seamlessly into PBS &J documents, functioning as an irreplaceable and valuable contribution to the larger study. Of equal importance is the fact that every member of the PBS &J project team has previously worked on similar projects. All of the project team members will provide the commitment necessary to produce quality work products. 04120016090408 From Vision to Reality ... PBS&J Quality Assurance /Quality Control Program To ensure the high technical quality of both our analytical and documentation processes, PBS &J maintains a quality assurance /quality control (QA/QC) program that applies to all project activities. PBS &J's system of quality control is much more than document review prior to submittal. It involves every step in the preparation of technical studies and environmental documents. All team members will be provided with a copy of the agreed -upon scope of work, thereby allowing each individual involved with the project to have the same understanding of the required work products, the content of the work products, and the prevailing schedule and budget constraints. The PBS &J project director and lead project manager will oversee and coordinate all activities related to quality control and quality assurance, including a final review of the document to ensure compliance with CEQA Guidelines, technical accuracy and objectivity; a review of all technical data to ensure that it is accurately and precisely incorporated into the environmental analyses; consistency checks to ensure that significance thresholds are applied accurately and consistently within each topical section and a consistency check to ensure that impacts and conclusions are consistently stated in separate sections. The fundamental objectives of the QA/ QC program are to ensure not only that our work products fulfill the scope of work requirements for each task, but also that the specific and unique needs of each of our clients are both fully defined and met. All project deliverables are reviewed by the management team, as well as by key individual team members. The QA/QC review encompasses: Ei Statement of Qualifications to Provide As-Needed Environmental Services • Overall Project Review: attainment of stated goals; client satisfaction • Report Content: technical accuracy; presentation and readability; overall appearance • Report Format: clarity of organization; ; conformance with requirements; accessibility of information; quality of graphics • Editing: quality of writing; technical accuracy; spelling and grammar • Database: use of latest technical and professional information • Information: validity of field surveys; accuracy of area -wide and regional information, site photographs, and maps • Legal Adequacy: compliance with regulatory standards, environmental case law, and new legislation An editor will be assigned specifically to conduct a comprehensive and detailed edit of the document to ensure: (1) compliance with the editorial standards of the Chicago Manual of Style, (2) consistent use of project- specific terms, and (3) consistent formatting /graphic appearance. A well - edited document allows the reader to focus on significant issues, rather than distracting the reader with insignificant errors. Depth of In -House Resources We customarily commit the staff hours and resources necessary to meet our client's schedule, even when it is accelerated. We recognize that in order to provide effective services, staff must be accessible to the City at all times. We are prepared to provide you with all of the resources necessary to remain accessible and achieve the project schedule while producing quality environmental documentation. As noted previously, PBS &J is a full- service engineering and environmental consulting firm that has the depth of resources necessary to evaluate all potential technical issues in- house. Collectively, our firm of over 4,000 professionals, including 230 experts in California, will be made available to the City when you need us. 0412 001609 0408 From Vision to Reality ... PBS£3J Schedule and Budget Control PBS &J will be cost effective by managing each individual work authorization closely. As PBS &J has grown over its 48 years in business, we have developed a strong and consistent approach to managing our staff and subconsulting team members to ensure that our clients receive the most technically accurate, cost - effective, and schedule- sensitive services. Our management approach includes initiation of regular and formal lines of communication, efficient use of meetings, strong and reliable project reporting and management systems, and experienced project management. Our strength in effectively managing projects translates to a cost savings for our clients. The ability to meet project schedules and budgets is a clear indicator of efficient project management. PBS &J has a long history of accomplishing this outcome on a wide variety of projects. PBS &J maintains a job -order cost accounting system for the recording and accumulation of costs incurred under its contracts. Each project is assigned a job number so that costs may be segregated and accumulated in our job -order cost accounting system. Our computerized accounting system provides information directly to the desk of each staff member, which allows them to track budgets throughout the life of a project. Our accounting system tracks project expenditures by phase and task and desegregates labor charges by staff member, and expenses and subconsultants' charges by the nature of the expenditure. Project managers are encouraged to track budget compliance on a bi- weekly basis, and are required to provide a monthly financial status report on all projects to senior management. statement of Qualifications to Provide As- Needed Environmental Services PBS &J has a reputation for consistently delivering projects on time and within budget. We also have a reputation for meeting "impossible" deadlines that result from external factors beyond the control of our clients, such as expiration of funding sources, constructiorz; related deadlines, permit requirements, and court - mandated completion dates. Time and again PBS &J has completed detailed and complicated projects on schedule and within budget. One of many examples includes a recently completed full -issue EIR for the District of Santa Monica, which was completed in six months from project initiation (prior to initial study preparation) to FEIR certification. We also completed another focused EIR in three and a half months from initiation to certification. PBS &J has developed an expertise with critical path management, fast -track scheduling, and workload management. Incorporate Adequate Early Strategy Sessions One of the most frequent reasons for schedule delays and cost increases is mid - course changes to the project description or the methodology of assessment, requiring revision of work already completed. Critical to avoiding this is a substantial effort to strategize all of the critical planning issues and methods to be included in the document at the beginning of the process. Too often these important strategy sessions and decisions occur late in the process, resulting in significant cost overruns and schedule delays. We encourage and work with our clients to incorporate early strategy sessions into the process. Interactive Process The most effective and efficient planning process incorporates environmental constraints as well as benefits, and considers public input prior to publication of the environmental document. This interactive approach allows the PBS &J team to work closely with City staff to address potential impacts, therefore minimizing implementation of costly mitigation measures and gaining consensus on potentially controversial issues. 0412'001609.0406 Front Vision to Reality ... PBS&J Administrative Systems PBS &J has developed a variety of reporting and management systems to support timely completion of projects. 'These systems, which establish close attention to detail and careful monitoring of on -going processes, include regular project status reports, regular management meetings, regular project budget reports, and monthly project review by project directors. PBS &J project managers are rarely surprised by late section work. They know well in advance when a scheduling problem is arising and take prompt steps to remedy the situation. PBS &J's reporting and administrative support systems are consistent and reliable and have proven to be instrumental in the on -time performance of our projects. Subcontract Administration All subconsukants will report directly to the PBS &J project manager. We have worked closely with our proposed subconsultants and we are familiar with each other's working styles and expectations. On most projects, key subconsultant staff will join the PBS &J team at start -up meetings, progress meetings with the City or other key developers. Frequent communication and our QA/QC program are key ingredients to ensuring the quality and performance of our subconsultng team. r 0612'001609.0908 12 From Vision to Reality ... PBS6'j i All r M 1 1 I! A PBS &J California Science and Planning — Hourly Billing Rates and Job Classifications Sr Division Manager/ Principal Technical Professional Sr Group Manager /Project Director/ Sr Planner IV/ Sr Scientist IV/Sr Engineer IV Group Manager/ Sr Project Manager III/ Sr Planner III /St Scientist III /Sr Engineer III Project Manager/ Sr Planner II/ Sr Scientist II /Sr Engineer II /Sr GIS Analyst II Associate Project Manager /Sr Planner I /Sr Scientist I /Sr Engineer I /Sr GIS Analyst I Planner II/ Scientist II /Engineer II Planner I/ Scientist I /Engineer I Senior Administrator Senior Word Processor /Regional Graphics Specialist Word Processor Administrative /Field Technician II Planner Intern /Scientist Intern Mileage $190— $300 /hour $175— $300 /hour $140 — $200 /hour $120 —$170 /hour $95— $135 /hour $85— $120 /hour $65— $100 /hour $90— $130 /hour $75— $110 /hour $65— $100 /hour $55 —$90 /hour $45 —$75 /hour $.505 /mile In addition, identifiable, non -salary costs that are directly attributable to the project (i.e., travel, meals, lodging, auto rentals, Frees and copies, graphic materials, phone charges, equipment and specialized computer charges, etc.) and subcontractor fees include a 15% administration charge to cover overhead and administration. 1. This schedule is effective until January 1, 2009 and is subject to annual and/or periodic revisions thereafter, as necessary to accommodate inflationary trends, salary adjustments, and the general costs of business. 2. Invoices will be submitted by Consultant monthly. Client will notify Consultant, in writing, of any objections to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. 3. A late payment finance charge at a rate of 18% per annum (or the maximum amount allowed per law if lower) will be applied to any unpaid balance commencing 30 days after the date of the original invoice. 4. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4 -hour minimum per day 0412:ou160e:0408 From Vision to Reality ... PBS&J 18 i i) j KOA Corporation Statement of qualifications CEO / President $250 /hour to Provide As- Needed Environmental Services Firm Principal / Vice President $225 /hour Senior Engineer $185 /hour Senior Designer $175 /hour Senior Planner $160 /hour Accounting Management $130 /hour Associate Engineer / Planner $120 /hour Associate Designer / Project Designer $115 /hour Assistant Transportation Engineer / Planner $95 /hour Assistant Designer $85 /hour CAD Technician $75 /hour Administrative Assistant / Planning Aide $65 /hour Messenger / Intern $55 /hour General Provisions Telephone, equipment, and fax are normally included in above hourly costs. Direct expenses, including bladdining, commercial CAD plotting, subconsultant expense, issuance of specially endorsed insurance certificate, and direct costs are billed at cost plus 5% unless stated otherwise in the proposal. Printing is approximately $75 /black and white copy (bound study) or $125 /color copy (bound study). Mileage is charged at the federally allowed rate. Public meetings and public hearings are normally excluded from any proposal, but will be billed as extra work at the rates above. There is a 4 -hour minimum for nighttime public hearings. Expert witness rates are not represented. Annual Adjustments Annual adjustments in these fees of approximately 5% will be requested for each 12 -month period following authorization. If the governing agency prefers a constant hourly cost for a multi -year contract, a 10% increase from the fees indicated above will be requested. Invoicing Invoices would be submitted monthly based upon project progress (percentage). Accounts are past due after 30 days. A finance charge of 1.5% per month, after invoice date, may be assessed on accounts more than 60 days past due. 0412001509:0408 Fron? Vslon to ReaYty ... PBS&J 19 statement of Qualifications to Provide As- Needed Environmental services Kaplan Chen Kaplan KCK's current hourly rates are as follows: Principal Historic Architect $160 Senior Architectural Historian $145 Senior Staff $95 Intermediate Staff $85 Staff $75 Assistant $65 Reimbursable Expenses The following reimbursable expenses will be billed at cost plus a 10% fee: • Reproduction printing • Photo documentation (film & processing) • Postage, express mail & delivery services • Travel expenses • Model /presentation materials 0412001809.0408 20 From vision to Reality ... PBS&I 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 ACORQa CERTIFICATE OF LIABILITY INSURANCE Holmes Murphy and Associates - Omaha 2637 South 158th Plaza Suite 200 A- 2008 -128 Omaha, N£ 68130 INSURED InC. Poet, Buckley, Schuh & Jernigan, d /b /a PBS &J 2001 NW 107th Avenue FL 33172 -2507 1 DATE IMMNONY) 06/16/08 INSURERS AFFORDING COVERAGE INSURER A: Zurich American I neurance _company/#16535 _..._ INSURER B.. Zurich American Insurance Company / 016535 NSUIiER C. Steadfast Insurance Company/M26]87 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY OT WHICH PERIOD INDICATED. NOTWITHSTANDING THIS TCONDITIONS 9 B EICT70 ALL THE TERMS, OF SUCH EXCLUSIONS AND PERTAIN, THE (INSURANCE AFFORDED BY HE POLICIES DESCRIBED HERE IN 5 MAY AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- POLICIES. - --- --'-"— POLCY EFFECTWE PoLICY E %PIRATION LIMITS _ INSR TYPE OF INSURANCE POLICY NUMBER 09/30/07 09/30/08 EACH OCWRRENCE__ 1,000,00.0 4 ._. A GENERAL LIABILITY - -. OLO 9139958 -01 FIRE DAMAGE (Myanu_6n) $1,000,000 X I COMMERCIAL GENERAL LIABILITY {I X OCCUR MEO E %P (Any on pens) k25,000 _ 000 CLAIMS MADE .I pERSONALBAOV INJURY 5 110 0 0 X Contractual Liability - - ' G[NERALAGGREGAT,E 5 2 000 000 . - -- "-' —' -- PRODUCTS COMP!_OP_A_G_G $2 0. 0-0 00.0.1 GENT. AGGREGATE LIMIT APPLIES PER: POLICY X PRO- X LOG BAP 9139 57 -01 BAP 09/30/07 09/30/08 COMBINED SINGLE LIMIT $2, 0DO, 000 H AUTOMOBILE LIABILITY accident) X ANY AUTO - -- - - - -- ALL OWNED AUTOS — e r" t BODILY INJURY LPerpemonl 5 SCHEOULEDAUTOS _ X HIREDAUTOS iy ROOMY INJURY lPm awManO S - _ X AONAWNEO AUTOS � % Contractual Liability ' 7 PROPERTY DAMAGE (Pal er aaC amidtlonp _., AUTO ONLY -EA ACCIDENT- S_ GARAGE LIABILITY --- -- ANY AUTO OTHER THAN AVTOONLY. qGG - -- 8 AUC 508762103 09130/07 09/30/08 EAGIi oCCURRENGE._ .425,.000,000 C EXCESS LIABILITY AGGREGATE $ 25,000 000 XJ OCCUR I MADE _ __ _ -]CLAIMS 3 5 - - - -- DEDUCTIBLE --- _ - RETENTION $O NC 913 9 4 59 -01 09/30/07 09/30/08 X WC STAiU OTM TORY 1s11TS EB -- - A WORKERS COMPENSATION .-M ACCIDENT 5.1, 000 000 EMPLOYERS' LIABILITY E1 EACH E.L. DISEASE- EA EMPLOYE_. 51, 000 000. E.L. OISEASF POLICY LIMIT S 1,000,000 OTHER L 5 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS RE: Environnental Study and Related Technical Study Services and representatives are Additional Insureds on the The City of Santa Ana, its officers, employees, agents, volunteers of the inuared on the above project. General Liability with rePSect to the operations ATTACHED FOR ADDITIONAL WOEDINO REGARDING COVBRAGE9 ANB NOTICE OF CANCELLATION. See attached for additional WOrding.SEE 1.1 r aTlnl CERTIFICATE HOLDER ADDITIONAL INSURED; INSURtN Lti lea: - - -• - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL RAMP y"41% IL 90 DAYS WRITTEN City of Santa Ane NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BLNXAXk)L6XB&s?�GN54MXKX' Attu: Bill Apple X IlGp1iYQ110yXJtiijykBK> Y�YEW{ KA%% ii'X WY% 1Y11iM1f( 074N7tY114NiWf )kt11KiSK1Ui%MYdISNX 20 Civic Center Plaza XNmgy rAKXXX XX XXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Sen Box An 1988 M -20 /�a�, Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE �7_j /y� USA �'� �/ B ACORD CORPORATION 1988 ACORD 25 -S (7197) 90eenrynO Canificele Delivery ty Ce1i6catesNoW - W,,.Con irmNel cam - 871.669 8600 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. GATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 06/16/08 NAME OF INSURED: Pont, Buckley, Schuh & Jernigan, Inc. d /b /a PBS &J Additional Insured on the General Liability & Auto Liability on a Primary & Non - Contributory basis, including completed operations "Where Required by Contract" (GL ONLY). General Liabiltty Aggregate limit applies per Pro Blanket Additional Insured Lessor/L000 Payee on the Auto Liability. Waiver of Subrogation on the General Liabi Auto Liability, and workers Compensation "where Required by Contract ". Umbrella follows form to the Additional Insureds on the General Liability. 'NOTICE OF CANCELLATION WORDING: SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE ?WHERE REQUIRED BY CONTRACT? EXCEPT 10 DAYS NOTICE FOR NON- PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE. Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form A D . rx., "o-t ¢ehuh & Jernigan. Inc. d /b /a PBS &J 0 ZURICH Policy No. CLO9139458 -01 Gff. Uate of Pol. 09130/07 F.xp. Uate of PoI. 09/30108 Ctl'. Dale of Cind. 09/30/07 Producer Add'I. frem $ Return Prcm. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided tinder the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGE. LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury ", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of insurance to any additional insured person or organization that exceed the lower of: a. 'fhe Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: I . "Bodily injury ", "property damage" or "personal and advertising injury' that results solely from negligence of the addi- tional insured; m' 2. `Bodily injury ", "property damage" or "personal and advertising injury' arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and tl-cil: 1175 -A CW (9103) Pugc I of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. What's happening in Santa Ana] General Plan Housing Element Update, The Cry Y Sarta Ana s pleased to anrcuml the release of the Draft Housi rg Element Volume: - Framewor'.. This Po'lq Frarnewark is toe essence of the Hrds :ng Element; contain ng the proposed goals, po.rues and Imclnnen'at an =actions necessary to plan for the community's hcusia9 needs. All are ,100m19ed ro -ev.ew the Dr R document and partic bate in upcoming forams to help shape me City's housing policies. 529 Draft and J x;pming. Meet, Ogs. Sunset at the Zoo July 20th at the Santa Ana Zoo at Prentice Park, 5:30 p.m. to 7:30 p.m. Pack a picnic and enjoy great live jazz, local art, delicious coffee and treats, and free rides on the Zocfan Express Train. Please visit the Friends of the Santa Ana Zoo page for more information. F___ Energy _ —o Each noe Event July 26th and 27th from 8:30 M. to 1:00 p.m. at Wal -Mart, 3600 West McFadden Avenue. Exchange your inefficient halogen and Incandescent light fixtures for new free Energy Star lamps. Limit of 10 lamps per household while supplies last. 'Terra Colds Warriors, G,aEdian, of Chi First Emperor" E hibit May 18th through October 12th at the Bowers Museum. Considered one of the greatest archaeological finds of the 20th century, the exNdt features thousands of terra cotta warriors that were intended to protect China's First emperor. Since their discovery, the Terra Cotta army has been termed the Eighth Wonder of the Ancient Word. Free Friday N' tits ETC, DWT —T DATE (MM/)DlYYYV) 1 161 2008 INSURANICEDASAMATTER 22CERTIFICATE3OF2LIABILITYI PRODD.4 CER (89. 303 FAX (305 3bZ- 445 Collinsworth Alter Fowler Dowling &French Group P. 0. Box 9315 THS CERTIFICATE IS SSUE OFINFO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PER EXP (Any one Person) $ rLIABILITY Miami Lakes, FL 33014 -9315 Anna Ramirez 305 -503 -9120 aramirezOcafdf.com INSURED Post, Buckley, Schuh, &Jernigan, InC. INSURERS AFFORDING COVERAGE INSURER A: Lloyds of London A XV NAIC# INSURER B: PRODUCTS- CDMPlOP AGG $ d /b /a PBS &J _ REPRESENTATIVE AUTHORIZED REPRESE / P.O. Box 1988 M -20 Santa Ana, CA 92702 2001 NW 107 Avenue INSURER C: LIABILITY INSURER D: Miami, FL 33172 -2507 INSURER E: $ VERA3111, E 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 BY PAID CLAIMS. SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY AG, THE INSURANCE E SHOWN AFFORDED BY THE BEEN POLICIES E DESCRIBED HEREIN IS POLICIES. INSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE Mmannivyi INSURANCE EACH OCCURRENCE 8 Y DAMAGE TO RENTED g GENERAL LIABILITYADE ❑ OCCUR PER EXP (Any one Person) $ rLIABILITY PERSONAL B ADV INJURY $ 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, GENERAL AGGREGATE $ E LIMIT APPLIES PER: PRODUCTS- CDMPlOP AGG $ jEO LOC _ REPRESENTATIVE AUTHORIZED REPRESE / P.O. Box 1988 M -20 Santa Ana, CA 92702 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accideol) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per Person) $ SCHEDULED AUTOS HIRED AUTOS -. _ )•., �(� �' b7A,F BODILY INJURY (Per accident) $ NON OWNED AUTOS 1`JYl PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY• ANY AUTO -'I- ♦ L,'.y II), ALiur,O }' AUTO ONLY -EA ACCIDENT $ EA ACC AUTO ONLYN AGG $ $ EXCEMUMBRELLA LIABILITY EAOH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE DEDUCTIBLE $ RETENTION $ W 0TH C STATU WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR)PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED' El DISEASE � EA EMPLOYE $ E.L. DISEASE POLICY LIMIT $ $1,000,000 Limits Ea Claim and Annual Aggregate 11/11/1961 Retrodate A If yes, describe under SPECIAL PROVISIONS below roressional/ ollution Liability LDUSA0700811 CLAIMS -MADE FORM 09/30/2007 09/30/2008 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES) EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Environmental Study and Related Technical Study Services ssuing company will provide 30 days written notice of cancellation; 10 days for non - payment. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Santa Ana, City of 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Planning Division BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Attn: Bill Apple OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. _ REPRESENTATIVE AUTHORIZED REPRESE / P.O. Box 1988 M -20 Santa Ana, CA 92702 Meade Collinsworth /ANNA ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ACORN. CERTIFICATE OF LIABILITY INSURANCE /YY) 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. 09/16/08 PRODUCER PRODUCER 1- 866- 220 -4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2637 South 158th Plaza Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY Omaha, NE 68130 INSURERS AFFORDING COVERAGE INSURED Post, Buckley, Schuh & Jernigan, Inc. INSURER A: Zurich American Insurance Company/#16535 INSURER B: Zurich American Insurance Company / #16535 d /b /a PBS &J 2001 NW 107th Avenue INSURER C: Steadfast Insurance Company/ #26387 INSURER D: Miami, FL 33172 -2507 INSURER E: CUVtKA(iL-S THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY GLO 9139458 -02 09/30/08 09/30/09 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 25,000 CLAIMS MADE I OCCUR PERSONAL B ADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $2,000,000 GEN'LAGGREG ATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO X LOC B AUTOMOBILE LIABILITY ANY AUTO BAP 9139457 -02 09/30/08 09/30/09 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 1XX ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BO DILY INJURY (Per accident) $ X Contractual Liability PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN $ ANY AUTO $ AUTO ONLY: AGG C EXCESS LIABILITY X OCCUR F7 CLAIMS MADE AUC 508762104 09/30/08 09/30/09 EACH OCCURRENCE $25,000,000 AGGREGATE $25,000,000 DEDUCTIBLE RETENTION $ 0 $ A WORKERS COMPENSATION AND WC 9139459 -02 09/30/08 09/30/09 X WCSTATU- OTH- LIMITS I I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER $ $ DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Environmental Study and Related Technical Study Services. The City of Santa Ana, its Officers, employees, agents, volunteers and representatives are Additional Insureds on the General Liability with repsect to the operations of the inusred on the above project. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Santa Ana, City of DATE THEREOF, THE ISSUING INSURER WILL EM1X4WV4 MAIL 90 DAYS WRITTEN Attn: Bill Apple NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KRt7FAKXIMK aXV9049AXKX � 8 � x x 20 Civic Center Plaza y4'0SW P.O. Box 1988 M -20 X ugm*?= = XXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX Santa Ana, CA 92702 USA AUTHORIZED REPRESENTATIVE r QUKU co-5 mail ganaerson O ACORD CORPORATION 1988 9771065 Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.8600 J 7 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. — J I SUPPLEMENT TO CERTIFICATE OF INSURANCE I 09/1D6/08 I NAME OF INSURED: Post, Buckley, Schuh & Jernigan, Inc. d /b /a PBS &J Additional Insured on the General Liability & Auto Liability on a Primary & Non - Contributory basis, including completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project Blanket Additional Insured Lessor /Loss Payee on the Auto Liability. Waiver of Subrogation on the General Liability Auto Liability, and Workers Compensation "Where Required by Contract ". Umbrella follows form to the Additional Insureds on the General Liability. NOTICE OF CANCELLATION WORDING: SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR NON - PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE. u PP M O /001 9 Additional Insured — Automatic - Owners, Lessees Or ZURICH Contractors - Broad Form Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d /b /a PBS &J Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff Date of End. Producer Add']. Prem Return Prem. GLO 9139458 -02 09/30/08 09/30/09 09/30/08 $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO 1S AN INSURED (Section 11) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and U- GL- 117 -A CW (9/03) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. Name of Person or Organization: City of Santa Ana, its officers, agents, employees, volunteers and representatives 200 Civic Center Plaza, P O Box 1988, M -20 Santa Ana, CA 92702 RE: Environmental Study and Related Technical Study Services. U- GL- 1175 -A CW (9/03) Page 2 of 2 CERTIFICATE OF LIABILITY INSURANCE DATE(M09/28/2010 WDDflYW� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORRED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: ti the Certificate holder is an ADDITIONAL INSURED, the Pollcy(les) must be endorsed. H SUBROGATION IS WAIVED, subject to the terns 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 endoreeme s . PRODUCER 1 -866- 220 -4625 Holmes Murphy and Associates - Omaha 2637 South 158th Plaza CONTACT NAME: PHONE /11C No En : _, _ _ _jAfG• Nol: _ _ EMAIL ADDRESS: Suite 200 PRODUCER Omaha, HE 68130 CUSTOMER ID t: IMSU"S) AFFORDING COVERAGE NAILS INSURERA: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED Post, Buckley, Schuh 4 Jernigan, Inc. _ INSURER B: AMERICAN GUARANTEE 5: LIABILITY INSURANC 26247 _ INSURER C: STEADFAST INSURANCE COMPANY26387 2001 NW 107th Avenue INSURERD: - - -- Miami, FL 33172 -2507 ---- � INSURER E: _ —._._ INSURER F: $25,000 IPIUAICNUMMtN' I-1— 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 RECIURiEMENT, 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. -- ILTR TYPE OF INSURANCE lUSR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD NVODIYYYY LIMITS A I GENERAL LIABILITY GLO 9139458 -04 09/30/10 09/30/11 EACH OCCURRENCE E 1,000,000 X COMMERCIAL GENERAL LIABIU ry Santa Ana, CA 92701 USA N PREMISES (Ea occurrence) E 1, 000, 000 Ir _ CLAIMS- MADE,OCCUR MED EXP(Arr one perm,) $25,000 '.% Contractual Liability__ PERSONALSADV INJURY 51,000,000 GENERAL AGGREGATE E 2,000,000 PRODUCTS - COMP /OP AGG $2,000,000 GENTAGGREGATE LIMIT APPLIES PER POLICY X PR6 X LOC S B AUTOMOBILE LIABILITY BAR 9139457 -04 09/30/10 09/30/11 COMBINED SINGLE LIMIT (Ee er<idenl) 5 ?000,000 X ANY AUTO BODILY INJURY (PerPene,)_. s _- ALL OWNED AUTOS APPROVED AS TO FORM SCHEDULED AUTOS . - BODILY INJURY (Per aackient) S - - X PROPERTY DAMAGE $ HIRED AUTOS r— (Peremdeni) Laura ltt X NON -OWNED AUTOS 'X Contractual Liability tcedy is C % J UMBRELLA LIAR I X I OCCUR AUC 508762106 09/30/10 09/30/11 EACHOCCURRENCE 5 25,000,000 EXCESS LMB CLAIMS -MADE � AGGREGATE E 25,000,000 _ DEDUCTIBLE X RETENTION S 0 S A WORKERS COMPENSATION AND EMPLOYERSLIABILITY NC 9139459 -04 09/30/10 09/30/11 X WCSTATU- OTM- YIN ANYPROPRIET TCTLNUDE07 ECVTNE OFFX.ERaIEMBER EXCLUOE07 N/A 51,000,000 E.L. EACH ACCIDENT _... _.. (Mandebry m NH) O yes, Eemribe un4er E.L. DISEASE -EA EMPLOYEE 51,000,000 — E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTIONOFOPERATIONSbebw DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Aeaeh ACORD 107, Addkiaul Ihmvlu SehMub, N mon �Wp b rpWred) RE: Combined Project Study Report /project Report (PSR /PR), Environmental Document, (ED), and PS&Z preparation for the SR -55 /MacArthur Blvd. Interchange Ramp Widening Project, Project Number t 07 -2503. The City of Santa Ana, its officers, agents, represeatativea, volunteers end employees are Additional Insureds on the General Liability including Completed Operation., if required by contract,with respect to the operations of the insured. Severability of Interest is included on the General Liability. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD RD CORPORATION. All rights reserved. A 17557070 WC / 60 da S UMS Santa Ana, City of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE Public works Agency M -36 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th Floor AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 USA � � ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD RD CORPORATION. All rights reserved. A 17557070 AL(iKU CERTIFICATE OF LIABILITY INSURANCE 9/30/2011 1 DATE (MWDDN YYY) 9/22/2010 PRODUCER Lockton Companies, LLC -1 Kansas City 444 W. 47th Street, Suite 900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas City MO 64112 -1906 (816) 960 -9000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED POST, BUCKLEY, SCHUH AND JERNIGAN, INC. INSURERA: Lloyd's of London 1307320 DBA PBS &J 2001 NW 107 AVENUE INSURER B INSURER C MIAMI FL 33172 -2507 INSURER D NSURER E COVERAGES PD THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING PRESENTATIV 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. WSR LTR ADOL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD W) I POLICY EXPIRATION I DATE (MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ XXXXXXX COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR NOT APPLICABLE DAMAGE TO RENTED PREMISES o ccwenmi $ XXXXXXX MED EXP (Any one perswl) $ }(]{}(}(xxx PERSONAL 8 ADV INJURY $ XXXxXX}( GENERAL AGGREGATE $ XXXXXXX GEN'L AGGREGATE L IMIT APPLIES PER PRO- -1 POLICY JECT LOC PRODUCTS - COMP/OP AGG S XXXXXXX AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) S XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS NOT APPLICABLE BODILY INJURY (Per axident) S XXXXXXX HIRED AUTOS NON- OWNEDAUTOS e OPERTYDAMAGE r axident) $ XXXXXXX n (1 ; GARAGE LIABILITY ANY AUTO NOT APPLICABLE �7F.�' pg� AUTO ONLY - EA ACCIDENT $ XXXXXXX O THAN EA ACC S XXXXXXX A UTO ONLY AGG $ XXXXXXX FJ(CESSAIMBRELLA LIABILITY OCCUR E] CLAIMS MADE NOT APPLICABLE },aura AgSlStari Litt Shee ey City AttOTri EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX $ XXXXXXX ❑UMBRELLA DEDUCTIBLE FORM $ XXXXXXX $ XXXXXXV RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN WC STATU- OTH- TORYLIMITS R EL EACH ACCIDENT S XXXXXXX ANYPROPRIETONPARTNERIEXECUTII DFFICE EMBEREMCLUDED> NOT APPLICABLE E L. DISEASE - EA EMPLOYEE S XXXXXXX (Me descry in NM) If ddescr in E. L. DISEASE - POLICY LIMIT $ XXXXXXX SPECIAL PROWSIONS WcI A A OTHER PROFESSIONAL/POLLUTION LLABILITY LDUSA1000811 CLAIMS -MADE FORM 9/30/2010 9/30/2011 SI.OW,WOEACH CLAIM & S1,000,000 ANNUAL AGGREGATE. 11/11/1961 RETRODATE. DESCRIPTION OF OPERATIONSILOCATONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: COMBINED PROJECT STUDY REPORT /PROJECT REPORT (PSR/PR), ENVIRONMENTAL DOCUMENT (ED). AND PS &E PREPARATION FOR THE SR- 55/MCARTHUR BLVD.; INTERCHANGE RAMP WIDENING PROJECT; PROJECT NO 07 -2503 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 26 (2009101) '-119%209 D CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD For awawns rsaanling this cenmcats, canna the r—ber asled In ine TYrs3apr ssctlan ahesa. coRrl CERTIFICATE OF LIABILITY INSURANCE I A eWDON I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. H 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 endomeme s . PRODUCER 1- 866 - 220 -4625 CONTACT NAME: Holmes Murphy and Associates - Omaha PHONE F 2637 South 158th Plaza EMAIL ADDRESS: Suite 200 PRODUCER - - - -- - Omaha, NE 68130 CUSTOMERIDt: INSURER(SIAFFORDINGCOVERAGE __ NAIC� INSURED INSURERA: ZURICH AMERICAN INSURANCE COMPANY 16535 Poet, Buckley, Schuh 6 Jernigan, Inc. d /b /a PBSfiJ INSURERS: AMERICAN GUARANTEE 6 LIABILITY INSURANCIP26247 2001 KWPL033172Venue ) NSURERC: STEADFAST INSURANCR COMPANY - —_ 26387 INSURER D: rnVFRAr.FS rFRTIFIrATC IUII CD• 1755707n no%mm­1 wumrs. 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. INS R LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP POLICY NUMBER MMfDD D LIMITS A GENERAL LIABILITY GLO 9139458 -04 09/30/1 09/30/11 EACH OCCURRENCE _ DAAA�GE E 1,000,000 X COMMERCIAL GENERAL LIABILITY TO RENTED PREMISES (Ea occunence E 1,000,000 CLAIMS MADE OCCUR _-�� MED EXP (Airy one person) S 25,000 X Contractual Liability - -- PERSONAL BADV INJURY $ 1,000,000 -_ - _ —_ GENERAL AGGREGATE PRODUCTS - COMPIOP AGO S 2,000,000 S 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY X PRO- 7 X LOC b B AUTOMOBILE LIABILITY BAP 9139457 -04 09/30/1 09/30/11 COMBINED SINGLE LIMIT X ANY AUTO APPROVED S TO FURM S 2,000,000 BODILY INJURY - -- BODILY NJURY (Per person) - E ALL OWNED AUTOS SCHEDULED BODILY INJURY (Per etoident) E AUTOS -! PROPERTY DAMAGE X HIRED AUTOS (Peraccldenl) E X NON -OWNED AUTOS Liu iv Vj Ll X Contractual LiabilityA5S15 ' S CII X INABRELLALIAB X LOCCUR 09/30/1 9/30/11 EACH OCCURRENCE S 25,000,000 DEXCESS LIAR LAIMS -MADEI AGGREGATE_ E25, 000, 000 ___ E EDUCTIBLE X � RETENTION S 0 7 $ A ANDEMPLOYERVLIABILIY WC 9139459 -04 09/30/1 09/30/11 X WCSIIMIT OTH- YEN ANYPROPRIETOR /PARTNER/EXECLMVE OFFICEMMEMBER EXCLUDED? O NIA E 1,000.000 E.L. EACHACCIDENT _ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) I! describe urrder E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS bebw DESCRIPTION OF OPERA TDNS/ LOCATIONS /VEHICLES (Attach ACORD 101, Addklorul Remelts Sehadula, B mow k spas» raqukad) RE: Combined Project Study Report /Project Report (PSR /PR), Environmental Document, (ED), and PS&E preparation for the SR -55 /MacArthur Blvd. Interchange Ramp Widening Project, Project Number : 07 -2503. The City of Santa Ana, its officers, agents, representatives, volunteers and employees are Additional Insureds on the General Liability including Completed Operations, if required by contract,with respect to the operations of the insured. Severability of interest is included on the General Liability. - - -- � / e UWn Santa Ana, City of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public works Agency M -36 ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th Floor AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 USA edornne 01988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and loco are realstered marks of ACORn Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b /a/ PBS &J 0 ZURICH Policy No. Ell: Date of Pol. lixp. Date of Pol. Eff. Date of lind- Producer Add 'I. Pre. Rm n Prcm. GL09139458 -04 1 09/30/10 09/30/11 09/30/10 $ s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the. Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury', "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if I. The "bodily injury' or "property damage" results from your negligence; and 2. The "bodily injury", `property damage" or "personal and advertising injury' results directly from: a. Your ongoing operations; or b. 'Your work' completed as included in the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury' that results solely from negligence of the addi- tional insured; or 2. "Bodily injury". "property damage" or "personal and advertising injury' arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, and U -G L -1 175 -A C W (9/03) Page 1 oft b. Supervisory, inspection, architectural or engineering activities. E. the additional insured must see to it that: 1. We are notified as soon as practicable of an `occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. Name of Person or Organization: Santa Ana, City of its officers, agents, representatives, volunteers and employees 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 RE: Combined Project Study Report/Project Report (PSR/PR), Environmental Document, (ED), and PS &E prepara- tion for the SR- 55/MacArthur Blvd. Interchange Ramp Widening Project, Project Number: 07 -2503 1)-(;L- 1 175 -A C W (9!03) Page 2 of 2 • • Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b /a/ PBS &J 19 ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I. Prem Return Prem. GL09139458 -04 09/30/10 09/30/11 09/30/10 $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and U -G L -1 175 -A C W (W03) ^ Pagel of 2 b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. Name of Person or Organization: Santa Ana, City of its officers, agents, representatives, volunteers and employees 20 Civic Center Plaza, 4`" Floor Santa Ana, CA 92701 RE: Combined Project Study Report/Project Report (PSR/PR), Environmental Document, (ED), and PS &E prepara- tion for the SR- 55/MacArthur Blvd. Interchange Ramp Widening Project, Project Number: 07 -2503 U-G L-1 175-A CW (9/03) Page 2 o1`2 ATKINS November 1, 2011 Ms. Tonia Zerba Senior Accounting Assistant City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M -20 Santa Ana, CA 92701 Re: City of Santa Ana Master Services Agreement PBSU Name Change Dear Ms. Zerba: Atkins North America, Inc. 12301 Wilshire Boulevard, Suite 430 Los Angeles, California 90025 Telephone: +1.31 0.268.8132 Fax: +1.310.268.8175 www .atkinsgIobal.com/northamerica Effective April 1, 2011, PBSU officially became Atkins North America, Inc. as a result of an acquisition that took place in 2010. The Federal Tax ID number, banking information, insurance coverages and company management, however, remain unchanged. This letter is to provide notice of the name change. The Consultant identified as PBSU in the current Master Services Agreement with the City of Santa Ana, is now Atkins North America, Inc., a Florida corporation. Please be assured that this name change will result in no changes of personnel assigned to the contracts, nor will it result in any decrease in services to the City of Santa Ana. We highly value our relationship with the City and will continue to provide the kind of service that you expect and deserve. Please let me know if you have any questions or concerns. Sincerely, (�f Ruta K. Thomas, REA CEQA /NEPA Senior Group Manager Form W'9 Request for Taxpayer Give Form to the (Rev. January 2011) Identification Number and Certification requester. o° not Department of the Treasury send to the IRS. IMemat Reverie Service Name (as shown on your income tax return) Atkins North America, Inc. N CL c 0 o �CC fi p m Business namddianigarded entity name, It different from above (formerly Post, Buckley, Schuh it Jernigan, Inc. or PBS&J) Check appropriate box for federal tax classification (required): ❑ IndividuaVeole proprietor ✓❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Umtted liability company. Enter the tax classification (C=C corporation, S-S corporation, P=partnership) ► jJ Other (am Instructions) ► Address (number, street. and apt or suite no.) 4030 W. Boy Scout Blvd., Suite 700 City, state, and ZIP code Tampa, FL 33607 Ust account number(s1 name and address ❑ Exempt payee Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line 1 8ociaf secui ty number to avoid backup withholding. For individuals, this is your social security number However, for a - m - resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on n page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see ! -low to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. 019" ere s. .a«ro of H n► A-&0 � Date► qN2411 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (rIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA Use Form W -9 only 9 you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Speoial rules for partnerships. Partnerships that conduct a trade or business In the United States are generally reputed to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, If you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W -9 (Rev. 1-2011)