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HomeMy WebLinkAboutT & B PLANNING (2) - 2010A- 2010 -040 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES AGREEMENT FOR ENVIRONMENTAL REVIEW SERVICES v _ /? —f CLERK OF COUNCIL W,r, A.TF:3 --7.3 THIS AGREEMENT, made and entered into this 1" day of March, 2010 by and between T &B V'�1 PLANNING, INC., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of —4--— environmental project review to prepare and environmental study and related technical reports. B. Consultant represents that Consultant is able and willing to provide such services to the City. p g P Y C. In undertaking the performance of this Agreement, Consultant represents that it is 3 knowledgeable in its field and that any services performed by Consultant under this Agreement Q will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall prepare an Environmental Impact Report (EIR), supporting technical studies and all CEQA required notices for the San Lorenzo Sewer Lift Station Project (hereinafter, "Project "), as set forth in Consultant's Proposal dated January 29, 2010, attached as Exhibit A to this Agreement, and incorporated by reference. If additional services /studies are required to complete the EIR, Consultant shall prepare a written Proposal and Fee Schedule setting forth the additional services. The Executive Director of Public Works may, in writing, authorize the additional services proposed by Consultant. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be its President or his /her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, Project Budget. The total sum to be expended under this Agreement shall not exceed $87,274.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2011, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Public Works and the City Attorney. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Public Works Agency — Water Division City of Santa Ana 220 S. Daisy Avenue, M -85 Santa Ana, CA 92703 facsimile (714) 647 -3345 4 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: T & B Planning 17542 E. Seventeenth Street, Suite 100 Tustin, CA 92780 Facsimile (714) 505 -6361 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. on IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: IF4)� � /V&� MARIA D. HUIZ Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: "X-Q. Lau a Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. RPHAM City Manager T &B PLANNING, INC. /JOEL MORSE Vice President Z7- aFG��/l�S Tax ID # EXHIBIT A SCOPE OF SERVICES AND PROJECT BUDGET .� VA P L A N N I N G Tustin, CA I San Diego, CA I Murrysville, PA 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 (714.505.6361 January 29, 2010 (Revised) Mr. Steve Worrall, P.E. Department of Public Works CITY OF SANTA ANA Corporate Yard, M -85 220 S. Daisy Avenue Santa Ana, CA 92702 JN: 788 -002C RE: PROPOSAL TO PROVIDE AN ENVIRONMENTAL IMPACT REPORT (EIR), TECHNICAL STUDIES, AND RELATED CEQA PROCESSING SERVICES FOR THE SAN LORENZO LIFT STATION PROJECT Dear Mr. Worrall: At your request, T &B Planning, Inc. is pleased to offer this proposal to provide CEQA compli ance services for the proposed San Lorenzo Lift Station project. This proposal provides a work program and budget for the preparation of an Environmental Impact Report (EIR), supporting technical studies, all CEQA - required notices, and processing services necessary to navigate the EIR document through the certification process in the City of Santa Ana. In addition to T &B Planning's services, this proposal includes competitive bids for the preparation of a traffic impact report (Urban Crossroads and KOA Corporation), noise impact report (Urban Crossroads and PCR Services Corporation), and air quality impact and global climate change report (Urban Crossroads and PCR Services Corporation). As you may know, T &B Planning was established in 1974 and has a 36 -year history of providing professional planning, environmental, and permit processing services, including,19 'year preparing CEQA documents. We have extensive experience preparing and managing EIRs in a variety ons and have worked on several public facility projects in southern California. Combined with our vcTorking knowledge and history on the San Lorenzo Lift Station project, we are experienced with the project's context and the environmental issue areas that will be analyzed in the EIR. Furthermore, our environmental compliance staff has the professional experience and technical accuracy to complete the project on time and within budget. The enclosed proposal consists of the following exhibits, which concisely set forth our qualifications and professional methodology for completing services in a timely and efficient manner: • Qualifications and Experience — Exhibit A • Project Budget Exhibit C • Scope of Work — Exhibit B • Project Schedule — Exhibit D Our philosophy at T &B Planning is for our Principals to be directly involved in project management. For this project, I will be Principal -in- Charge. I will be supported in this effort by Jeramey Harding, Senior Project Manager, and as 'appropriate and necessary by our full spectrum of in -house specialists, including environmental analysts, technical writers, and GIS /graphics specialists. www.tbplanning.com PLANNING I • DESIGN I ENVIRONMENTAL I GRAPHICS P L A N N I N G PROPOSAL TO PROVIDE AN EIR, TECHNICAL STUDIES, AND RELATED PROCESSING SERVICES FOR THE SAN LORENZO LIFT STATION PROJECT January 29, 2010 (Revised) Thank you for your time and careful consideration of this proposal. We would be willing to modify our proposed scope of work, should the City require our role on any of the identified tasks to be expanded or reduced. If you should need any additional information about our firm, or if you would like to meet with us in person to discuss the enclosed Scope of Work or Budget, please do not hesitate to contact me directly at (714) 505 -6360 extension 105, or via email at jmorse() ftlanning com. Sincerely, T &B Planning, Inc. Joel Morse Vice President www.tbplanning.com PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS Proposal for San Lorenzo Lift Station EIR Prepared for. CITY of SANTA ANA EXHIBIT A: QUALIFICATIONS AND EXPERIENCE EXHIBIT A: QUALIFICATIONS AND EXPERIENCE A. Introduction T &B Planning is one of the leading, privately -owned planning and environmental consulting firms based in the Southern California region. Founded in 1974 as Turrini & Brink, renamed T &B Planning Consultants, Inc., in 1990, and now doing business as T &B Planning, Inc., our firm maintains a steady workload for a broad client base, consisting of both public and private sector clients. T &B Planning is highly regarded in the fields of CEQA compliance and land use planning. For nearly 36 years, T &B Planning has served its clients by providing high quality, responsive services in a timely and cost - efficient manner. The synergistic integration of these services results in a comprehensive approach that requires a clear understanding of the practical, environmental, and jurisdictional realities associated with each project. As part of our management style, we closely manage the consulting team and keep our clients informed of potential concerns and issues before key decision points pass. By anticipating and addressing concerns and issues as early as possible in the CEQA compliance process, we are often able to minimize or avoid time - consuming and costly delays. B. Firm Qualifications T &B Planning provides our clients with professional environmental, planning, design, and graphics /GIS services. Over the past 36 years, T &B Planning has prepared and processed hundreds of project applications and CEQA compliance documents in dozens of California government jurisdictions. Provided below is a brief summary of qualifications, with an emphasis on the services we are proposing to provide to the City of Santa Ana. More information can be found on our website at www.tbplannin .com. Environmental Services. T &B Planning prepares environmental compliance documents that are easily understood, technically accurate, and legally defensible. We regularly serve as the lead environmental consultant and document preparation, processing, and management firm for CEQA projects and serve as a technical consultant for NEPA projects. The environmental compliance documents we prepare are heavily researched and well grounded with technical support provided by experts specifically chosen for each project and impact area. We are also highly skilled at working cooperatively with the legal counsels of private clients and public agencies to produce the most legally defensible environmental documents possible. The following list provides a partial "headline" summary of the environmental services performed by T &B Planning's project managers, environmental analysts, and GIS /graphics production staff• • Agricultural Lands Impact Analyses • Alternatives Analysis • Alternatives Feasibility Studies • CEQA Documentation • Environmental Assessment Reports • Mitigation, Monitoring, and Reporting Programs • NEPA Document Support • Project Management • Public Facilities Impact Analysis • Public Meeting and Hearing Presentations • Environmental Planning and Site Design • Technical Report Reviews • GIS and CADD Services • Third Party Peer Review Page A -1 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT A: QUALIFICATIONS AND EXPERIENCE • Initial Study Checklists • State and Federal Agency Permit Assistance • Land Use Consistency Analysis • Visual Quality Analysis • Mineral Resource Impact Analysis • 3D Visual Simulations • Mitigation by DesignTM In addition to our experience preparing CEQA documents, we also are experienced in reviewing environmental documents prepared by others for compliance with federal, state, and local requirements. These peer review services apply not only to the technical reports which are relied upon in the environmental documents, but also include peer review of EIRs, MNDs, and Initial Studies prepared by other firms. Graphics /GIS Services. T &B Planning is highly regarded for our ability to prepare meaningful, concise exhibits and presentation materials at all stages of the environmental compliance and permitting process. We pride ourselves in using the latest software programs to produce accurate exhibits that facilitate communication and understanding. All of our graphics are prepared in electronic formats that allow for quick and cost - effective revisions as needed. C. Staff Capabilities T &B Planning maintains a staff of individuals experienced in the requirements of environmental analysis, planning, document preparation, and permitting. In addition to our environmental analysts and planners, our staff includes graphics personnel, CAD and GIS operators, and clerical support staff. The professionalism and experience of our staff and the size of our firm enables us to provide highly accurate documents while delivering personalized service. Our staff receives continuing education to ensure current knowledge of changes to local, state, and federal environmental regulations and the effect of recent case law on environmental requirements. T &B Planning has a strong commitment to cross - training environmental analysts /planners, so that every analyst also performs planning tasks. The depth of our experience will provide the City of Santa Ana with valuable project insight which can identify obstacles and potential issues of concern as soon as possible. Our principals, project managers, and technical staff have the knowledge and experience to skillfully coordinate with various agencies, jurisdictions, departments, technical consultants, and the public at -large in an effective and efficient manner. Key staff members have years of experience in dealing with community groups and other public interest groups and are skilled in representing lead agencies and applicants at public meetings, hearings, and presentations. Page A -2 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT B: SCOPE OF WORK EXHIBIT B: SCOPE OF WORK This section provides a proposed work program for completing an EIR and conducting CEQA compliance processing services for the San Lorenzo Lift Station project. Note that the phases and tasks detailed in this scope of work will not necessarily occur in the chronological order presented below. Work on several tasks will likely occur simultaneously to expedite the schedule. PHASE 1: PROJECT INITIATION, RESEARCH AND ANALYSIS Task 1.1- Research, Data Acquisition and Review T &B Planning has a working knowledge of the project and its CEQA compliance history; therefore, only a limited amount of initial research, data acquisition, and review will be required. Additionally, because the timeline for an EIR's existing conditions assessment is based on the NOP release date (anticipated as approximately February or March 2010), T &B Planning will conduct a brief field visit to the proposed lift station site to document and photograph existing site conditions, surrounding development, and other aspects of the site's physical and environmental setting. PHASE 2: ENVIRONMENTAL SCOPING Task 2.1- Prepare Project Description Prior to initiating any substantive work relative to the EIR, T &B Planning will prepare a formal project description with text and exhibits, for review and approval by City staff. The project description will fully describe the lift station's construction process, operational characteristics, and expected changes to the physical environment. We require City staff to thoroughly review the description to ensure that T &B Planning has described an appropriate level of understanding of the project and its scope, from both construction and operational perspectives. The project description will be distributed to the City for review in PDF or other acceptable electronic format. Task 2.2 - Prepare Initial Study Once City staff has reviewed and approved the project description, T &B Planning will prepare an Initial Study based on the approved project description, our background knowledge of the project and its previous CEQA document (MND), and any additional information gathered as part of our Phase 1 data review efforts. The Initial Study document previously prepared by T &B Planning in support of the San Lorenzo Lift Station MND will form the foundation of the Initial Study for the EIR. The Initial Study will: • include a detailed description of the various elements of the proposed project; • identify the City of Santa Ana as the Lead Agency and provide contact information; • indicate the location of the project site and generally describe the existing zoning and General Plan designations of the site and surrounding area; • provide a description of existing conditions and surrounding land uses (as of the expected NOP release date (February or March 2010)); • disclose any other public agencies that must also approve the proposed project, if any; • identify the environmental factors potentially affected; • include the completed Environmental Checklist; and • include the determination of the Initial Study/Environmental Checklist (requirement for an EIR). Page B -1 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT B: SCOPE OF WORK The Environmental Checklist and Responses to Environmental Checklist also will be completed as part of this task. Each of the environmental issue areas contained within the City of Santa Ana Environmental Checklist document will be evaluated and assigned a significance rating of "No Impact," "Less than Significant Impact," "Less than Significant with Mitigation Incorporated," or "Potentially Significant hnpact." For each issue area, a detailed rationale will be provided within the Responses to Environmental Checklist section to provide substantive evidence for the conclusion drawn. References will be cited and relied upon as appropriate. If substantive evidence cannot be provided in the Initial Study to support a conclusion of No Impact or Less than Significant Impact for a particular environmental topic, that topic will be further evaluated in the EIR. Once completed, T &B Planning will submit a draft of the Initial Study to the City of Santa Ana for review and comment, in PDF or other acceptable electronic format. T &B Planning will then revise the document in response to any comments received and submit a revised version to the City for final staff review. The budget for this task assumes that no more than two rounds of minor revisions will be necessary. Task 2.3 - Prepare Notice of Preparation T &B Planning will prepare the required Notice of Preparation (NOP) package and will submit it to City staff for review. Upon receiving the City's authorization to finalize and publish the NOP, T &B Planning will work with the City to advertise the CEQA- required 30 -day NOP public review period via newspaper advertisement and posting on the project site, as well as direct mailing of the NOP and Initial Study to the State Clearinghouse and parties requesting notice (including an adjacent property owner). The NOP must also be posted with the County Clerk. The budget for this proposal assumes that the City will post the site and conduct the direct mailing. During the public review period of the NOP, T &B Planning will coordinate with City staff to obtain copies of the public comment letters as they are received, and subsequently will request a complete set of original letters at the close of the public comment period. This will ensure that we have a complete package and allow for scanning to digital format at the best quality possible. If any public comments necessitate an expanded scope of analysis in the EIR beyond that identified in the Initial Study and NOP, we will immediately evaluate our scope of work and notify the City. It is very unlikely that public comment on the NOP would necessitate expanding the anticipated scope of the EIR. For purposes of budgeting for this task, it is assumed that T &B Planning will provide the City with five (5) hard copies of the Initial Study and NOP (not exceeding a total of 60 pages) and five (5) CDs with custom labels. If additional copies are requested by the City or if the package includes more than 60 pages, the associated Deliverables budget would need to be adjusted accordingly. Our budget does not include fees for postage, as it is assumed that the City will conduct the direct mailing. PHASE 3: COORDINATE AND PREPARE ENVIRONMENTAL TECHNICAL STUDIES Task 3.1- Review and Coordinate Technical Studies T &B Planning will coordinate and manage the preparation of the technical studies identified in this Phase. As part of this task, T &B Planning will ensure that all technical report authors are provided Page B -2 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT B: SCOPE OF WORK with appropriate information and data as necessary to ensure that the project is adequately evaluated for significance as required by CEQA. Once the draft technical studies are completed, T &B Planning will review all reports for completeness, consistency, and CEQA adequacy before they are submitted to the City for review. Each of the technical reports will adhere to City of Santa Ana requirements. They will disclose existing conditions, include an impact analysis (for direct, indirect, and/or cumulative impacts for the project's construction and operational phases, as warranted), and identify project design features and/or mitigation measures that reduce or avoid impacts. All conclusions contained in the reports will be supported by verifiable facts documented in the reports or properly referenced. The budget for this task includes T &B Planning's role in managing the technical experts and reviewing their work for adequacy. Based on our understanding of the project, we assume the technical reports listed here and described below will be necessary in support of the required EIR: (1) traffic; (2) noise; and (3) air quality and global climate change. Task 3.2 - Traffic Impact Analysis In support of the proposed project, Urban Crossroads, Inc. will prepare a traffic impact analysis for the project, which will focus on the project's near -term construction - related impacts. As part of this task, Urban Crossroads shall conduct the following work efforts in support of the project: Scoping 1. Urban Crossroads, Inc. will attend up to one (1) meeting with the project team and/or City of Santa Ana staff to review the project and to identify project assumptions. Traffic Control Plan 2. Provide traffic control plans in conjunction with the construction of the San Lorenzo lift station. The traffic control plans will be prepared using AutoCAD at a scale of V = 40' on a single sheet (1) and show approximately 2,400 lineal feet on each sheet for the shoulder/lane closures expected to be needed. Additional sheets are considered extra work effort and may require an amendment. 3. Respond to plan check comments /questions and revise plans as necessary (to a maximum total of three submittals). Traffic Impact Study 4. Review the City of Santa Ana's draft contract documents specifying construction- related requirements and the City's traffic control requirements. 5. Conduct peak hour intersection turning movement counts, at up to three (3) existing intersection locations. 6. Conduct 24 -hour roadway segment counts, for up to two (2) segments. 7. Conduct a field inventory of intersection traffic control measures, approach lanes at intersections, and through travel lanes along study area segments. Page B -3 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY of SANTA ANA EXHIBIT B: SCOPE OF WORK 8. Estimate trip generation associated with construction activity based on information provided by the project team. 9. Route estimated construction traffic to study area intersections based on the construction routes. 10. Assess the intersection Level of Service (LOS) and roadway segment capacities for existing (2010) conditions. 11. Assess the intersection Level of Service (LOS) and roadway segment capacities under existing plus construction traffic conditions, assuming potential lane closures and the addition of construction traffic associated with the proposed project. 12. Identify and recommend appropriate mitigation for the construction phase that would reduce construction impacts and improve the performance at the study intersections under existing plus construction traffic conditions. 13. Summarize the potential impacts due to construction traffic and mitigation recommendations in a letter report. Submittal of Report 14. The report will be submitted. Task 3.3 - Noise Impact Analysis In order to address the project's potential to create noise levels in excess of the City's standards, Urban Crossroads, Inc. will prepare a noise impact analysis that will focus primarily on the construction - related impacts associated with the project. As part of this task, Urban Crossroads will undertake the following work efforts: 1. Review aerial photos and maps to identify the noise sensitive locations in the study area that may be significantly impacted by construction noise as well as the City of Santa Ana construction noise standards. 2. Identify the existing noise barriers in the study area. Evaluate the condition, height, construction material (masonry block, iron fence, wood) and the potential for gaps or decorative cutouts that may diminish the barrier's effective noise reduction. 3. Evaluate the existing noise environment and determine the ambient noise conditions including traffic noise and noise from the existing surrounding commercial uses. Obtain 15- minute short-term noise level measurements in the vicinity of the project at up to four (4) locations and 24 -hour noise level measurements at up to four (4) locations. 4. Identify the construction phases, schedule and equipment to evaluate the potential noise impacts to the noise sensitive locations in the study area and obtain reference noise levels for the major construction noise sources (equipment) related to this project. 5. Calculate the construction related noise impacts and quantify the overall noise impacts from the equipment used to the existing noise sensitive land uses. Page B -4 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT B: SCOPE OF WORK 6. Compare the predicted noise levels during the construction phases with the applicable City of Santa Ana exterior noise level requirements. Identify locations that will exceed applicable exterior noise standards and predict the noise level increase during construction over current ambient noise levels with and without recommended mitigation measures. 7. Recommend temporary noise barrier locations and heights and identify noise mitigation measures to reduce the noise impacts during the construction phase and meet the City of Santa Ana Noise Standards. 8. Summarize the results of the study in a report addressing the construction noise impacts and recommended mitigation measures. 9. The scope of work includes necessary teleconferences with the project team, attendance at up to one (1) project team meeting, and a review of project team comments and minor revisions required to the noise analysis report for up to one review cycle. Task 3.4 - Air Quality Impact & Climate Change Analysis In order to assess the project's potential to create air emissions during construction activities that exceed established significance thresholds, and to conduct a brief analysis of potential odor impacts that may result from long -term operation of the proposed facility, Urban Crossroads, Inc. will prepare an air quality impact analysis for the project. In addition, and in response to on -going concerns over the issue of Global Climate Change, an analysis also will be conducted to evaluate the State of California Global Climate Change Solutions Act of 2006 (AB 32) in order to identify any mitigation measures that may be necessary during construction to ensure compliance with the Act. The cost estimates for the air quality and climate change analyses assumes that the City will provide complete and comprehensive data regarding project construction and operations. Data include, but are not limited to: construction schedule (including all phases of demolition, site preparation, excavation, building, etc.); construction equipment fleet information; yards of soil to be excavated, hauled, or imported; and manufacturer's specifications of any new equipment installed. Additionally, the cost estimates for climate change analysis assumes evaluation under current (January 2010) regulations. Because regulations related to climate change at the federal, state, and regional levels are subject to frequent change in California, the consultants reserve the right to request additional data and fees to complete additional analyses, if any, that may be required for analysis of conformance with any new climate change regulations that may be adopted after January 2010 but prior to the Final EIR being certified by the City. As part of this task, Urban Crossroads shall undertake the following work efforts: 1. Review aerial photos and maps to identify the air quality sensitive locations in the study area that may be significantly impacted by construction emissions and review the City of Santa Ana construction air quality standards. 2. Evaluate the existing conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance. Page B -5 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY of SANTA ANA EXHIBIT B: SCOPE OF WORK 3. Identify construction - related air quality impacts from associated construction activities at - the project site which may include demolition, import/export of fill dirt, mass grading, etc. 4. Perform Construction Localized Significance Threshold (LST) analysis as recommended by the SCAQMD for construction activity. Given the project size it is anticipated that the SCAQMD's lookup tables will be utilized to determine LST impacts to sensitive receptors in the project vicinity. 5. The analysis will address potential temporary odors that may be generated during the construction activity of the proposed sewer lines and lift station. Additionally, odors resulting from the long -term operation of the proposed lift station will be evaluated. It is anticipated that a Windrose exhibit will be utilized to identify the direction in which prevailing winds will disperse potential odor impacts from the project. 6. Quantify and disclose carbon dioxide (CO2) and related greenhouse gas (GHG) emissions that will be emitted as a result of construction activity utilizing the URBEMIS2007 emissions inventory and other relevant emissions inventory models. The analysis will discuss project design/mitigation measures that will help reduce greenhouse gas emission resulting from the proposed project and determine if the project has a significant impact on global climate change. 7. Summarize the results of the study in an air quality and climate change analysis report addressing the potential impacts associated with the development. These reports will also summarize the recommended air quality and climate change mitigation measures applicable to the proposed project. 8. The scope of work includes necessary teleconferences with the project team, attendance at up to one (1) project team meeting, and a review of project team comments and minor revisions required to the air quality and climate change analysis reports for up to one review cycle. PHASE 4: PREPARE ENVIRONMENTAL IMPACT REPORT Task 4.1- Prepare Administrative Draft EIR T &B Planning will commence with preparation of the Administrative Draft EIR immediately following authorization to proceed. We will focus first on preparing the EIR sections that are not reliant on technical studies, as it is anticipated that many of the studies may still be under preparation. Following completion of the technical studies and in consideration of the EIR scope as determined by the Initial Study, T &B Planning will prepare an Administrative Draft EIR in accordance with State and City of Santa Ana guidelines. The EIR will generally include the following sections: Executive Summary. This introductory section will provide: a synopsis of each project component, a summary of the project alternatives, a brief discussion of controversial areas, and a list of issues, if any. The Executive Summary also will include the CEQA - required Mitigation Monitoring and Reporting Program (MM P) — see Task 4.3, below — which will identify the significance of each impact, mitigation measures, the party responsible for implementing each mitigation measure, and the timeframe in which each measure should be completed. In the interest of efficiency, the MMRP will not be prepared until after the City's Page B -6 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT B: SCOPE OF WORK review of the First Administrative Draft EIR in order to avoid the need for duplicate revisions. Introduction. The Introduction will explain the purpose of the EIR, the legal authority for preparation of the EIR, and the EIR process, including the previous MND and directive to prepare an EIR. Relationship to the City's General Plan and General Plan EIR will be disclosed. This section will also identify other future development projects and other applicable planning documents that apply to the project area, which we expect will be identified for us by City staff. In addition, the Introduction will identify the Lead Agency (City of Santa Ana) and any applicable Responsible and/or Trustee Agencies. The relationship of each component of the project to any future project approvals and/or environmental permits also will be described. Environmental Setting. The Environmental Setting will describe the project's location, geographic and physical setting, surrounding land uses, and the physical environmental condition within the project site as they relate to each project component. A brief overview of the environmental conditions of the project area will also be provided. The timeline for existing conditions is set at the release date of the NOP (expected to be February or March 2010). As required by CEQA, this section will emphasize unique or rare resources within the project vicinity that could be impacted by the project. In addition, a summary of the existing planning and policy context will be presented, including the property's relationship to the General Plan, zoning, and other applicable regional plans and policy documents. It is expected that the City will supply us with a list of applicable regional plans and policy documents. Project Description. The project description will be used as the basis for impact analysis throughout the EIR and technical reports. A majority of this section will be prepared under Task 2.1, described above. This section will include a brief description of the project's location and setting, and a history of the project area will be included for context. This section also will identify the project's objectives, which will form the basis for subsequent analysis of project alternatives. In addition, an extensive description of the proposed project will be included, which will include a summary of actions to be undertaken during construction of the proposed project, and also will identify key assumptions about future operational characteristics associated with the site. Exhibits will be included in this section as necessary to describe the project. Finally, the project description will document any approvals that may be required from federal, state, and local agencies. Environmental Analysis. The analysis of environmental effects will address each environmental issue identified by the Initial Study for evaluation. Based on our understanding of the City's requirements and directive to prepare and EIR, our understanding of the project, and our suggested approach for completing a defensible EIR, this proposal anticipates that the Initial Study may identify the following environmental issues to be addressed in an EIR: - Land Use - Aesthetics - Air Quality* - Global Climate Change /Greenhouse Gas Emissions* Page B -7 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT B: SCOPE OF WORK - Growth Inducement - Hazards - Noise* - Traffic * Based in part on an accompanying technical report (refer to Phase 3 of this proposal). The above topics will be addressed in the following general manner. The existing conditions /environmental setting as it relates specifically to the environmental topic under evaluation will be described to establish a baseline for conducting the environmental analysis. As necessary and appropriate, a description of key terminology and concepts associated with the environmental issue area will be presented. Next, the significance criteria will be listed and will be accompanied by a justification as to the appropriateness of the criteria selected for evaluation. An analysis will then be presented for each significance criteria, and the analysis will provide a clear description and conclusion as to the level of significance of project impacts, prior to mitigation. The analysis also will include a discussion of potential cumulative impacts, which are defined as those which by themselves may not result in significant impacts but when combined with similar impacts from existing, approved- but - not - yet -built or planned projects would be cumulatively significant. T &B Planning will work with City of Santa Ana staff to identify surrounding projects to be included in the cumulative impacts analysis. For each significant impact identified, feasible and enforceable mitigation measures will be presented. Finally, each chapter in this section will provide a conclusion as to the level of significance following implementation of recommended mitigation measures. Project Alternatives. The Alternative Analysis section will be based on a description of reasonable project alternatives defined in consultation with City staff. Each alternative identified in this section will be intended to meet the project's primary objectives while minimizing or eliminating significant environmental effects associated with the proposed project. The No- Project Alternative will be evaluated as required by CEQA. Additionally, an Alternative Sites analysis will be required. We will look to City staff to assist us in determining the feasibility and effects of not completing the project (No Project Alternative) or placing the lift station in an alternate location (Alternative Sites). References. This required section will identify all reference sources used and persons contacted in order to prepare the EIR. Upon completion of the Administrative Draft EIR, the EIR document and its supporting technical reports will be forwarded to the City for review. Task 4.2 - Prepare Second Administrative Draft EIR Based on City of Santa Ana staff review of the First Administrative Draft EIR document, T &B Planning will revise the EIR document to respond to City comments, questions and requests for clarification. This proposal anticipates that comments will be minor to moderate in scope and complexity. For the purpose of creating a budget for this task, we assume that the City will not require substantial changes to the Project Description or request substantial expansions to any technical studies prepared by project team members in support of the EIR. Once the revisions have been incorporated, we will submit a Second Administrative Draft EIR to the City for a final review in Page B -8 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY of SANTA ANA EXHIBIT B: SCOPE OF WORK /underline format showing all changes, and request City authorization to print and distribute the EIR and its technical appendices for public review. If substantial revisions are necessary after the Second Administrative Draft, T &B Planning will schedule a meeting with City staff to discuss concerns to ensure that all issues are addressed in an efficient manner. These subsequent revisions would be invoiced as part of the budget for this task; however, in the event that the City requests substantial changes to the project description and/or the scope of analysis contained in the EIR, additional budget may be necessary. Task 4.3 - Prepare Mitigation Monitoring and Reporting Program (MMRP) T &B Planning will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law and City requirements to ensure implementation of mitigation measures, standard conditions, and project design features required as part of the project's approval. The MMRP will be provided as part of the Second Administrative Draft EIR. T &B Planning staff is experienced in preparing practical, easily - implemented mitigation monitoring plans for a wide range of mitigation requirements. Based on the preference of the City, the MMRP can be a stand -alone separate document or included as part of the Executive Summary of the EIR. We expect that City staff will assist us in identifying the appropriate implementation stage for each measure, as well as the responsible City department or other responsible party for ensuring compliance with each measure. This proposal includes one round of minor to moderate revisions to the MMRP in s� underline format based on comments provided by City staff. Task 4.4 - Prepare Public Review Draft EIR Upon receiving City authorization to publish the Draft EIR for public review, T &B Planning will prepare and print for public distribution the Draft EIR and its Technical Appendices per City direction and State requirements. The budget for this task assumes distribution of the Draft EIR and Technical Appendices primarily in PDF format, burned to CDs with a custom - designed label. A limited number of hard copies will be required for distribution to agencies that require paper copies. T &B Planning will prepare the Notice of Completion (NOC) and other public notices required for the Draft EIR's 45 -day public review period. The City will be required to sign the NOC. The mailing list will be prepared by T &B Planning in concert with City staff, which must include the State Clearinghouse, any interested parties who may have previously requested notification, all persons who responded to the NOP, any identified Responsible and/or Trustee Agencies, and the County Clerk. Also, if the direct mailing method of public notification is being used, the mailing list must also include owners and occupants of contiguous properties. Prior to public distribution, T &B Planning will submit the draft mailing list to the City for review and approval. This proposal assumes that City staff will conduct the mailing and that T &B Planning will supply up to five (5) paper copies of the Draft EIR, three (3) copies of the Technical Appendices (not exceeding 500 total pages), fifteen (15) paper copies of the EIR Executive Summary (for State Clearinghouse), as well as twenty (20) CDs with custom labels. Printing charges are reimbursable expenses, itemized in the provided Deliverables budget. Our budget does not include fees for postage, as it is assumed that the City will conduct the direct mailing. Written public comment will be directed to the City. We recommend that the City forward copies of the comment letters to T &B Planning as they are received, and then send us the complete set of Page B -9 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT B: SCOPE OF WORK original letters at the close of the public comment period. This will ensure that we have a complete package and allow for scanning to electronic format at the best quality possible. If any comments necessitate an expanded scope of analysis in the Final EIR or any technical study, we will immediately evaluate our scope -of -work and notify the City. Our budget does not account for expansions to the scope of analysis in the Final EIR or technical studies. Task 4.5 - Prepare Responses to Public Comment and Administrative Draft Final EIR Upon completion of the 45 -day public review period, T &B Planning will prepare draft written responses to all comment letters received. All comments received in response to the Draft EIR will be discussed with City staff and the technical consultants as necessary, and an approach to the responses will be agreed upon prior to preparation of the draft Response to Comments. The draft Response to Comments will be submitted to the City for review and approval. The budget for this task assumes that comments will be not be exceed ten (10) commenting agencies /individuals and/or over fifty (50) substantive comments. Upon receipt of City approval, T &B Planning will fmalize the Responses to Comments and include them as a separate section in the Final EIR. Following review and approval of the Responses to Comments and any changes to the text of the Draft EIR, T &B Planning will prepare an Administrative Draft Final EIR for review by City staff. One round of minor revisions based on City comments is budgeted. Task 4.6 - Prepare Final EIR After receiving the City's approval of the Response to Comments, T &B Planning will prepare the Final EIR and print an appropriate number of copies for use by the decision makers during the public hearing stages. Our Deliverables budget accounts for the printing of up to five (5) paper copies of the EIR, three (3) copies of the EIR technical appendices, and the burning of up to twenty (20) CDs with custom labels. Task 4.7 - Prepare and Post Notice of Determination (NOD) After certification of the Final EIR by City Council, T &B Planning will work with City staff to ensure that the Notice of Determination (NOD) is prepared and posted with the County Clerk. Per CEQA, Section 15094, timely filing (within five (5) working days of final decision) of the NOD by the lead agency reduces the statute of limitations on court challenges to the approval under CEQA from 180 days to 30 days. PHASE 5: PROJECT COORDINATION AND PROCESSING Task 5.1- Meetings and Coordination All time spent by T &B Planning in attending meetings or in coordinating with technical consultants, City of Santa Ana staff, and other agencies (as needed), will be billed on a Time and Materials basis against the estimated budget for this task. This task will commence upon authorization of this contract and will continue throughout the duration of the project. The actual number of hours associated with this task may be higher or lower than the estimated budget; however, we will not exceed the budget estimate without authorization from the City of Santa Ana. The City of Santa Ana will only be billed for the actual number of hours required for this task. Page B -10 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT B: SCOPE OF WORK Task 5.2 - Attend Public Hearings All time spent by T &B Planning in preparing for and attending public hearings will be billed against the budget for this task. When preparing for public meetings/hearings, we have assumed that we will coordinate the EIR presentation. The budget for this task anticipates preparation and attendance at two City Council hearings by a Senior Project Manager or Principal. Additional hearings may require additional budget. Task 5.3 - Prepare Presentations and Presentation Graphics This task includes the preparation of EIR exhibits and PowerPoint presentations that will assist visual communication during the Public Hearing stage of the project. The budget for this task anticipates that the majority of the materials used in these presentations will have been prepared by the project team during the preparation of the EIR. Page B -11 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT C: PROJECT BUDGET EXHIBIT: PROJECT BUDGET The services set forth in the Scope of Work shall be provided pursuant to the following budget: 1) The fees for Phases 1 through 4 are not -to- exceed fixed fees based on the accompanying Scope of Work. These fees will not be exceeded unless the City of Santa Ana dictates changes that would cause changes to the Scope of Work. Fees for Phase 5 are estimates for budgeting purposes that will be invoiced on a Time and Materials basis. 2.) The above fees do not include out -of- pocket expenses (including, but not limited to, travel costs, aerial photography, GIs data, blueprinting, duplication/copying, reproduction and delivery service), except as identified under our Estimated Budget for Deliverables. If services or materials are requested beyond what is specified in the Estimated Budget for Deliverables, an amendment to the budget identified herein may be necessary. 3.) Please refer to the Estimated Budget for Deliverables, provided as part of EXHIBIT C, for a description of deliverable materials to be provided as part the budget for this proposal. Page C -1 Proposal for San Lorenzo Lift Station EIR Prepared for: CITY OF SANTA ANA EXHIBIT C: PROJECT BUDGET Estimated Budget for Deliverables Deliverable Format of Deliverable Estimated Budget Task 2.3 ■ 1 CD with PDF version of Initial Study and Notice of Preparation Printing Prepare Notice of ■ 1 Hard Copy of the Initial Study and Notice of Preparation $14.00 Preparation Task 4.1 ■ 1 CD with PDF version of EIR (including graphics) and Technical Prepare Administrative Appendices Printing Draft EIR ■ 1 Hard Copy of the Administrative Draft EIR $300.00 ■ 1 Hard Copy of Complete Technical Appendices Binder Task 4.2 ■ 1 CD with PDF version of EIR (including graphics) and Technical Prepare Second Appendices Printing Administrative Draft EIR M Hard Copy of the Revised Administrative Draft EIR $300.00 ■ 1 Hard Copy of each Revised Technical Stud Task 4.3 ■ 1 Draft — Electronic Prepare Mitigation ■ 1 Final - Electronic No Charge Monitoring and Reporting Program ■ 1 Hard Copy of the Public Review Draft EIR Task 4.4 1 Reproducible Hard Copy of Executive Summary (for OPR) Printing Prepare Public Review 1 Hard Copy of the Technical Appendices Binder $310.00 Draft EIR 1 CD with PDF versions of the EIR and Technical Appendices ■ 1 Reproducible Hard Copy of Public Notices, including NOC Task 4.5 1 Draft Copy - Electronic Prepare Responses to ■ 1 Final Side by Side — Electronic No Charge Public Comment ■ 1 Hard Copy of the Final EIR Task 4.6 ■ 1 Hard Copy of the Technical Appendices Binder Printing Prepare Final EIR ■ 1 CD with PDF versions of the Final EIR, associated graphics, and $300.00 Technical Appendices Task 5.3 ■ 1 PowerPoint Presentation — Electronic Prepare Presentations No Charge and Presentation Graphics Page C -2 J O > Z m II O N W V v kn C7 O w ' O `� cd a Ln C - 7 •TF' N N a L eM? 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O ;O ,N V- Ir 10 Ic- M .d) O N N M IV O r 00 In O N N N IN IN N N N IM M N MM IM P, IN Client #: 4072f TR NMI ACORO;�., CERTIFICATE OF LIABILITY INSURANCE M/DDIYYYY) NSRI 3 /091 03109/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI of Southern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic # 0351162 29A Technology Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY 72SBAAB7543 Irvine, CA 92618 INSURERS AFFORDING COVERAGE NAIC 4 INSURED T B PLANNING, INC. 1755 42 E. 17TH ST., #100 TUSTIN, CA 92780 INSURER A. Hartford Casualty Insurance Company 29424 INSURER B Twin City Fire Insurance Company. 29459 INSURER C INSURER D. INSURER E' S1 O 0,00 PERSONAL & ADV INJURY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NSRI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMtDDIYYI POLICY EXPIRATION DATE MM/DD LIMITS A GENERAL LIABILITY 72SBAAB7543 03/12/10 03/12111 EACH OCCURRENCE s2,000,000 DAMAGE T R oNTED $300 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR MED EXP (Any one person) S1 O 0,00 PERSONAL & ADV INJURY s2,000,000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG s4,000,000 - POLICY PRCOT- LOC A AUTOMOBILE LIABILITY ANY AUTO 72SBAAB7543 03/12/10 03/12/11 COMBINED SINGLE LIMIT (Ea accdenO $2,000,000 ALL OWNED AUTOS SCHEDULED AUTOS L, APPROVED A 7� ,l 1O FOR BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS - X BODILY INJURY (Peraccidenl) X Laur titt Shee.dy ASS1St t L.lt ) Attorney PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S THAN EA ACC S ANY NY AUTO $ AUTO ONLY AGG A EXCESS/UMBRELLA LIABILITY X OCCUR F-1 CLAIMS MADE 72SBAAB7543 03/12/10 03/12/11 EACH OCCURRENCE s2,000,000 AGGREGATE s2 OOO OOO S s DEDUCTIBLE X RETENTION $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 72WECFV9256 08/13/09 08/13/10 X I VJC STATU- OTH- 1 FIR E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? II es. y SPECIdescribe under AL PROVISIONS below E.L. DISEASE - EA EMPLOYEE 1$1,000,000 S1,000,000 E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS *30 day cancellation notice except 10 days notice for non - payment of premium. Re: Project #788 -002, San Lorenzo Lift Station. The City of Santa Ana, its officers and employees are named as additional insureds with respects to General Liability as per policy form SS00080405. (See Attached Descriptions) City of Santa Ana Public Works Agency Corporate Yard, M -85 200 S. Daisy Avenue Santa Ana, CA 92702 ar npn 9S i,)nn1 R1R1 w _r n nn. —.u....,.... Iw.... lulaeI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL •In 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 AUTHORIZED REPRESENTATIVE ,-. .. - X . JIVIVVJU W „'Vrcu %1V1[MVrtAI IVIV Tubb - "DESCRIPTIONS (Continued from Page 1) Primary and not contributory wording applies and it applies separately to each insured. I AM5 15.3 (2001/08) 3 of 3 #542741861M4254666 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. H[.UKU ZO -J tZUUlrU81 2 of 3 #842741861M4254666 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary: If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non- Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. MUOINMCY� LIAGILI I T I:UV11=KA0t -t-UKM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after toss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 F. OPTIONAL ADDITION, INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for . "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional , ,red - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional insured - Owners Or Other Interests From ' Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 Insured - State Or Pol iI Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With. respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product- completed operations" hazard. 7. Additional Insured - Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, uniess unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Form SS 00 08 04 05 (e) .y failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (11) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured - Controlling Interest WHO IS AN INSURED under Section C, is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Page 19 of 24 This insurance does not ly to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) in connection with "your work" performed for that additional insured and included within the "products - completed operations hazard ", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities, 10. Additional Insured - Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured - Co- Owner Of Insured Premises, but only with respect to their liability as co -owner of the premises shown in the Declarations. Page 20 of 24 The limits of ii ance that apply to additional insureds are described in Section D. - Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. - Liability And Medical Expenses General Conditions. G. LIABILITY ARID MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution, However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads, including any attached machinery or equipment. . But "auto" does not include "mobile equipment". S. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Form SS 00 08 04 05 I, AACORD TM CERTIFICATE OF LIABILITY INSURANCE Dat9 /M /2010 R) 'PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Heffernan Professional Practice Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1855 W. Katella Avenue, Suite 255 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Orange, CA 92867 2010 OCT _y FIN 3-- LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 714 -997 -8100 Fax: 714-460-9935 INSURERS AFFORDING COVERAGE NAIC # INSURED i' t RER A: Travelers Property Casualty Co. of Amer T & B Planning r I I SURER B: Travelers Indemnity Co. of America g CLEF f , I_ I URER C: Continental Casual Company 17542 E. 17" St., Ste 100 Tustin, CA 92780 INSURER D: INSURER 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 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. eiSR LTR A1W'L M18R0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDM POLICY EXPIRATION DATE MM/oDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $2,000,000 A X COMMERCIAL GENERAL LIABILITY _ 680708OP051. 03/12/2010 02/01/2011 DAMAGE TO RENTED . PREMISES Es.. Olxluranoe. $ 1. X000,004..:.. MED EXP(ANY ONE PERSON) $10,000 CLAIMS MADE I X I OCCUR 680708OP536 03/12/2010 02/01/2011 PERSONAL &ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG) $4,000,000 '.. PRO POLICY X JECT LOC A AUTOMOBILE LIABILITY ANY AUTO 680708OP051 03/1212010 02/01/2011 EodMee«JdeOI)sINGLEUMIT $Inc[ in GL B ALL OWNED AUTOS SCHEDULEDAUTOS 6807080P536 03/12/2010 02/01/2011 BODILY INJURY (Perpemon) $ .i X HIRED AUTOS X NON -OWNED AUTOS e f� ll P R v 1 �) To OaN, (BODILY YIINJURY $ zF• -.lA.T PROPERTY DAMAGE $ GARAGE LIABILITY ANYAUTO y tllprn(, AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC $. AUTO ONLY: AGG •�'•• -�- $ EXCESMUSKELtA. LIABILITY EACH OCCURRENCE $2;. ,000 A Xl OCCUR cLAIMSMAO£ CUP7080P616 03112/2010 02/01/2011 AGGREGATE $2,000,%X70 $ DEDUCTIBLE $ RETENTION ED $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X HVC $TATU- '.TORY DMITS 0TH- ER EL EACH ACCIDENT S1,000,0M :.'. ANY PROPIETORMARTNERIEXECUTIVE UB3393T344 02/01/2010 02/01/2011 A OFFICERAAEMBER EXCLUDED') EL DISEASE - POLICY LARI'r $t ,00O,00ti N yes' desafte wwor SPECIAL PROVISIONS below EL DISEASE - EA EMPLOYEE $ 1,000 0.00 ".. OTHER C RIDESS6121 1-18bility MCA288294144 09/20/10 09/20111 Per Claim: $1,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Projects as on file with the insured including but not limited to San Lorenzo Lift Station & San Lorenzo Lift Station MND. City of Santa Ana is named as additional insured on general liability policy -see attached endorsement. irGR I IrI..A I r- MVL-urm City of Santa Ana Public Works Agency Corporate Yard, M -84 220 "S. Daisy Ave. Santa Ana, CA 92703 DATE THEREOF, THE ISSUING INSURER WILL GNDGANOR -To MAIL 3M DAYS WRITTEN NOTICE TO THE CERTWICATE HOLDER NAMED TO THE LEFT, ac�walc�ran':�. AUTHORIZED REPRESENTATIVE AV - -- OACORD CORPORATION 1988 injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have et4ered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 8109 07 0 2007 The Travelers Companies, Inc. Page 2 of 2 Inciudes copyrighted material of Insurance Services Office, Inc., with its permission.