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HomeMy WebLinkAboutT & B PLANNING (3) - 2011A- 2011 -109 i -d1 06 ! l MAY 0 6 2011 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on April 18, 2011, by and between T &B PLANNING, INC., a California corporation ( "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 ( "City"). RECITALS: A. The parties entered into that certain Agreement A- 2010 -040, dated March 1, 2010, (hereinafter "said Agreement ") by which Consultant has provided an environmental study and related technical reports related to the City's San Lorenzo Sewer Lift Station Project. B. The Project has been contested, requiring the preparation of additional studies and revised environmental review. C. Said Agreement was amended by agreement of the parties dated February 23, 2011, to provide for additional traffic analysis, and increase compensation to pay for those studies. D. In accordance with the terms and conditions of said Agreement, the parties wish to again amend the Scope of Services to provide the additional environmental review services and increase compensation to pay for those additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following language: "a. 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 said Agreement, and incorporated by reference. Consultant shall provide additional traffic analysis on Bristol Street north of Segerstom Avenue, including: L Evaluate the potential impact and/or closure temporal restrictions required to avoid an impact associated with the potential closure of one or more lanes on South Bristol Street more than 300 feet north of West Segerstom Avenue. 2. Prepare a supplemental analysis letter summarizing the findings of the supplemental analysis completed in Task 1. 3. Provide up to three (3) hours of Principal time to participate in the ongoing environmental process, including review of materials, discussions with the project team, and / or providing input to the team. c. Consultant shall provide additional alternative site analysis in response to objections to the EIR for the San Lorenzo Sewer Lift Station. d. Consultant shall provide additional services required to prepare, recirculate and respond to comments on a revised Environmental Impact Report, as set forth in Exhibit A -1, attached hereto and incorporated by this reference. e. If additional services /studies are required to complete the Revised 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. Section 4.a., COMPENSATION, shall be amended to increase compensation by $32, 275, to pay for the additional services set forth above. The services will be billed on a time and materials basis with a not to exceed amount for each task, as set forth in Exhibit A -1. An additional $8,000 contingency shall be available for additional services authorized by the City as set forth in Section Le., above. The total compensation pursuant to said Agreement, and Amendments 1 and 2, shall not exceed $135,549.00. 3. Section 5, TERM, shall be amended to extend the term of said Agreement an additional two years, through June 30, 2013. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR /�;�, DAVID N. REAM Clerk of the Council ( City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By. Ldura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: n r RA ODINEZ, II Executive Director - P T &B PLANNING, INC. JOEL SE ice 'A I L�� J P I A N N 1 N L EXHIBIT A Tustin, CA i San Diego, CA I Murrysville, PA 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 f714.505 -6361 SECOND AMENDMENT TO CONTRACT This SECONDAMENDMENT TO CONTRACT constitutes a legal agreement solely between T &B Planning, Inc. (f &B Planning) and GL /ENT herein named as: CLIENT NAME: CITY OF SANTA ANA, WATER RESOURCES DIVISION JOB NumBER: 788 -002 PROJECT NAME: SAN LORENZO LIFT STATION EIR DATE: March 17, 2011 All provisions of the original Agreement (Agreement), dated March 1, 2010, and First Amendment to Contract, dated February 23, 2011, shall remain in force and in effect except as modified herein. DETAILS/COMMENTS: This Second Amendment to Contract provides for additional tasks and budget for services which were not anticipated under the Agreement. Specifically, it has been determined that the Environmental Impact Report (EIR) for the project will need to be recirculated for a second 45 -day public review period in order to address comments received on the July 14, 2010 public review draft EIR and to ensure that the EIR will withstand any further legal challenge on CEQA- related claims. This Second Amendment to Contract provides a scope of work and budget in support of revisions to the Draft EIR to respond to public comment letters that were received as a result of the initial 45 -day public review period. The expanded scope and budget also will allow for coordination efforts as needed to assist the City in re- distributing the Draft EIR for a second 45 -day public review period, preparation of responses to comment letters received in response to the re- circulated draft document, revisions to the CEQA- required Findings, Statement of Overriding Considerations, and Resolution of Approval, and miscellaneous coordination efforts in support of the aforementioned tasks. More specifically, T &B Planning shall provide the following additional services: 1. Task 5.1, Meetings and Coordination. The budget for this task has been increased by $6,160.00, from $14,950.000$21,110.00. The additional budget is necessary in support of anticipated coordination efforts with the City of Santa Ana, the City's engineering consultant (TeiraTech), and the City's legal counsel (Sohagi Law Group, PLC). The expanded scope and budget also includes a maximum of fourteen (14) hours for attendance by T &B Planning staff at working meetings and/or participation in conference calls. 2, (New) Task 6.1, Prepare Draft Environmental Impact Report for Recirculation. As part of this task, T &B Planning will incorporate revisions as necessary to directly respond to public comment letters received on the July 14, 2010 Draft EIR that was circulated for a 45-day public review period. Revisions anticipated as part of this task include, but are not necessarily limited to, the following: a. Incorporate revisions in the Executive Summary and MMRP (EIR Section S.0) to ensure consistency with revisions made in other sections of the document. b. Update the description of the Project's Background (EIR Section 1.3.1), and include a "master response" to the comment letters received on the July 14, 2010 Draft EIR as recommended by the project's legal counsel. c. Incorporate revisions to the Project Description (EIR Section 2.0) to provide clarification of the Project's anticipated construction and long -term operational conditions, as necessary to respond WWW.tbplanning.coto zoov -oi -ix Reviuxl PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS A i pq L i I I-A P L A N N I N G Second Amendment to Contract San Lorenzo Lift Station EIR March 17, 2011 directly to comments on the July 2010 Draft EIR. Other revisions will be incorporated in this section as necessary and appropriate to ensure the description of the proposed project is thorough and accurate. d. Incorporate revisions into EIR Chapter 3.0, Environmental Analysis, as necessary to address public comments on the July 2010 Draft EIR. Revisions to Chapter 3.0 are anticipated to include revisions to the discussion of Air Quality, Noise, Transportation /Traffic, with minor revisions also anticipated to remaining sub - sections to ensure clarity in the analysis and to address miscellaneous comments received for the project. e. Substantially expand the discussion and analysis of Project Alternatives (EIR Chapter 5.0) to address all 21 alternative site locations that were identified in public comment letters on the July 2010 EIR. Please note that the analysis for these 21 alternative site locations will vary considerably in terms of the level of detail provided, as it is anticipated that most alternative site locations can be readily rejected due to their inability to substantially reduce or avoid the project's significant unavoidable impact to circulation/traffic. While full discussion and analysis will be provided for all 21 alternative site locations, a more robust analysis will be provided for locations located north of the proposed project site that have been shown to reduce the duration of unavoidable impacts at the West Segerstrom/South Bristol Street intersection. Revisions to project alternatives will require information and analysis to be provided by the City of Santa Ana and/or its technical consultants. Following incorporation of the above - described revisions, T &B Planning will provide the City of Santa Ana with the revised document in digital format (CD or DVD) for review and comment. The budget for the work efforts identified as part of this Task 6.1 shall be $11,250.00, including deliverables. 3. (New) Task 6.2, Revise Draft Environmental Impact Report for Recirculation. Following review of the revised Draft EIR document to be prepared pursuant to Task 6. 1, it is anticipated that the City, its engineering consultant, and/or the project's legal counsel will provide a moderate number of comments requiring revisions within the document. As part of this task, T &B Planni ng will incorporate appropriate revisions to the Draft EIR document in response to comments received, which we anticipate will include a combination of minor errors /corrections in addition to requests for expanded analysis or documentation (particularly in relation to the expanded discussion of project alternatives). Once the Draft EIR has been revised pursuant to comments received, T &B Planning will provide a copy of the revised draft in digital format (CD or DVD) for final review /comment by the City and its consultant team. The budget for Task 6.2 shall be $3,500.00, including deliverables. 4. (New) Task 6.3, Prepare Public Review Draft Environmental Impact Report for Recirculation. Following review of the revised Draft EIR to be prepared pursuant to Task 6.2, it is anticipated that the City and its consultant team may have minor comments warranting revision, although the budget for this task assumes that all major /substantive comments on the revised document will have been addressed as part of our Task 6.2 work efforts. As part ofthis task, T &B Planning will incorporate any minor revisions provided by the City or its consultant team, and will provide the City and its consultants with any such revisions via e-mail for final review and approval. T &B Planning also will update the Notice of Completion (NOC) forms in support of the planned recirculation of the document for a 45 -day public review period. Once the revisions arc completed and the documents finalized, T &B Planning will provide the City with one (1) hard copy of the EIR, a digital copy (CD or DVD) of the Public Review Draft EIR and associated technical appendices, and digital copies of the NOC forms. The scope of work and budget www.cbpi2nning.coni PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS Rni d 2009 -01 -12 .I ISecond Amendment to Contract J San Lorenzo Lift Station EIR P a N N i N G March 17, 2011 for this task assumes that the City of Santa Ana will be responsible for publishing and distributing the revised Draft EIR, technical studies, and CEQA- required notices for recirculation to Responsible/Trustee Agencies and other interested parties. The budget for Task 6.3 shall be $1,925.00, including deliverables. 5. (New) Task 6.4, Prepare Responses to Comments. Following the 45 -day public review period for the Recirculated Draft EIR, it is anticipated that the City will receive a substantial number of comment letters /comments on the recirculated draft document. As part of this task, T &B Planning will prepare written responses to every substantive comment provided. Pursuant to direction from the project's legal counsel, the scope of work and budget for this task assumes that no revisions to the responses to continents on the July 14, 2010 Public Review Draft EIR will be required, as the Final EIR only will incorporate responses to comments received on the recirculated Draft EIR. Once a draft of the responses to comments has been completed, electronic copies of the comment letters and bracketed comment letters will be provided via e-mail to the City and its consultant team for review and comment. Following receipt of any comments from the City or its consultant team, T &B Planning will incorporate revisions to the draft responses and will distribute the revised responses for final review and comment by the City and its consultant team. Following any comments on the revised draft responses to comments, T &B Planning will incorporate any minor revisions that are warranted and will format the comment letters and responses to comments in a side -by -side format suitable for inclusion in the Final EIR. The budget for Task 6.4 shall be $4,510.00. 6. (New) Task 6.5, Prepare Draft Final Environmental Impact Report. Concurrent with our Task 6.4 work efforts, T &B Planning will incorporate minor revisions to the EIR as necessary to assist in the responses to public comments on the Recirculated Draft EIR. As part of this task, T &B Planning also will update /revise Section F.0, Final Environmental Impact Report, as necessary to: 1) describe the contents of the Final EIR and revisions incorporated into the Final EIR since public review, if any; 2) summarize the results of the public review period and comment letters received; and 3) provide an explanation as to why (additional) recirculation of the EIR is not required under CEQA. The revised Section F.0 also will incorporate the Responses to Comments on the Recirculated Draft EIR to be prepared pursuant to Task 6.4. Revisions to the EIR document and the revised Section F.0 will be distributed to the City and its consultant team for review and comment, and any necessary revisions to the Final EIR will be incorporated as part of this task. Following completion of such revisions, T &B Planning will provide the City with electronic copies of the Draft Final EIR and technical appendices (CD or DVD). The budget for this task assumes that the City of Santa Ana will be responsible for printing hard copies of the Draft Final EIR and/or the associated technical appendices. The budget for this task will be $1,050.00. 7. (New) Task 6.6, Revise Responses to Non -CEQA Comment Letters. Immediately prior to the February 7, 2011 City Council meeting, a substantial number of comments on the project were provided by a representative for an adjacent property owner. Pursuant to recommendation from the project's legal counsel, T &B Planning prepared draft responses to the comment letters that were received, although these draft responses were not finalized due to changes in the project's scope (i.e., the "No Takings Alternative" was proposed at the time, but has since been rejected as infeasible). Based on recent correspondence with the project's legal counsel, the responses to the non -CEQA continent letters will need to be revised to reflect the project's current design and other revisions to the recirculated EIR document. As part of this task, T &B Planning will update the responses to the two (2) February 7, 2011 comment letters from the Silverstein Law Firm, including all substantive comments included in attachments thereto. Following completion of the revisions, the revised responses will be distributed to the City and its consultant team www.tbpIanning.com Reirna 20ov -o i -i z PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS .I Second Amendment to Contract J San Lorenzo Lift Station EIR PLANNING March 17, 2011 for review and comment. The budget for this task assumes a moderate number of comments requiring revisions, which also will be addressed as part of this task. Once the responses to the Non -CEQA Comment Letters are approved, T &B Planning will format the comment letters and responses in a side -by- side format for inclusion in the public record. The budget for this task shall be $2,530.00. 8. (New) Task 6.7, Revise Resolution of Approval, CEQA - Required Findings, and Statement of Overriding Considerations. A draft of the Resolution of Approval, CEQA - required Findings, and a Statement of Overriding Considerations was previously prepared in support of the Draft Final EIR that was to be presented at the February 7, 2011 City Council meeting for approval. Due to revisions to the project's design and the need to recirculate the Draft EIR for public review, updates to these documents will be necessary. The scope of work and budget for this task assumes that the Resolution of Approval, CEQA- required findings, and the Statement of Overriding Considerations will be distributed to the City and its consultant team for review and comment. T &B Planning will incorporate appropriate revisions to these documents based on comments received. The budget for this task shall be $1,350.00. These services shall be provided fora fee of $32,275.00, which shall increase the total Agreement budget from $94, 050.00 to $126, 325.00, excluding prepaid expenses not explicitly accountedfor in the accompanying scope of work. The additional fees for Task 5.1, as well as the proposed fees for Tasks 6.2 and 6.4, are estimates for budgeting purposes, and work for these tasks .shall be performed on a Time and Materials basis. The fees for Tasks 6.1, 6.3, and 6.5 through 6.7 represent fixed fees based on the accompanying scope of work. CLIENT hereby authorizes T &B Planning to proceed with the work herein described and T &B Planning agrees it shall provide such services in a timely and efficient manner. If the job is canceled prior to completion, CLIENT agrees to pay for that portion of work performed prior to cancellation. IN WITNESS WHEREOF, the parties to this Agreement have executed this agreement effective as of the date and the year first above written. T &B PLANNING, INC. a California Corporation By: Joel Morse Its: President Dated: March 17.2011 CITY OF SANTA ANA, WATER RESOURCES DIVISION By: Its: Dated_ www.tbplanning.com PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS R-ixd 2009 -01 -12 City of Santa Ana, Department of Public Works San Lorenzo Lift Station EIR L T&O PLANN INC T &B JN 788 -002 Amendment No. 2 Date: March 17, 2011 1. Note: Proposed Fees reflect the proposed budget for Contract Amendment No. 2, only. Remaining budget amounts associated with the original Agreement (March 1, 2010) and First Amendment to Contract (February 23, 2011) are not shown. Proposed Fees Task Description (Amendment No. 2)1 5.1 Meetings and Coordination $6,160.00 6.1 Prepare Draft EIR for Recirculation $11,250.00 6.2 Revise Draft EIR for Recirculation $3,500.00 6.3 Prepare Public Review Draft EIR for Recirculation $1,925.00 6.4 Prepare Responses to Comments on Recirculated Draft EIR $4,510.00 6.5 Prepare Draft Final EIR Following Recirculation $1,050.00 6.6 Revise Responses to Non -CEQA Comment Letters $2,530.00 6.7 Revise Resolution, Findings, Statement of Overriding Consideration $1,350.00 Total Proposed Fees - Contract Amendment No. 21 $32,275.00 1. Note: Proposed Fees reflect the proposed budget for Contract Amendment No. 2, only. Remaining budget amounts associated with the original Agreement (March 1, 2010) and First Amendment to Contract (February 23, 2011) are not shown. ACORD TM CERTIFICATE OF LIABILITY INSURANCE Date (M R) 2/1/2011 zo11 TH.'S 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heffernan Insurance Brokers License No. 0564249 NAME: A/� No, Ext : 714- 997 -8100 aC No : 714-460-9935 EMAIL ADDRESS: 1855 W. Katella Ave., Ste 255 Orange, CA 92867 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Travelers Property Casualty Co 25674 INSURER B: Travelers Indemnity Co of America T & B Planning 17542 E. 17 th St., Ste 100 Tustin CA 92780 > INSURER C: Continental Casualty Co. 20443 INSURER D: CLAIMS-MADE n OCCUR INSURER E: 680708OP536 02/01/11 INSURER F: MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: ' REVISION NUMBER: THIS IS TO CERTIFY THAT 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM/ D/YYY LIMITS GENERAL L LIABILITY EACH OCCURRENCE $2,000,000 DAMAGE PREMISES PREMISES S (RENTED occurrence) $1,000,000 A X COMMERCIAL GENERAL LIABILITY 680708OP051 02/01 /11 02/01 /12 B CLAIMS-MADE n OCCUR 680708OP536 02/01/11 02/01/12 'r MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $4,000,000 $ POLICY X PROJECT F LOC - A AUTOMOBILE LIABILITY 680708OP051 02/01/11 02/01/12 COMBINED SINGLE LIMIT (Ea accident) $Ind in GL BODILY INJURY (Per person) $ B ANY AUTO 680708OP536 02/01/11 02/01/12 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ CUP708OP616 02/01111 02/01/12 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION $0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE/ OFF/CER/MEMBEREXCLUDED? � U133393T344 02/01/11 02/01/12 (Mandatory in N.H.) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability MCA288294144 09/20/10 09/20/11 Per Claim Aggregate $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 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 Eenerall liability policy-see attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Public Works Agency THE POLICY PROVISIONS. Corporate Yard, M -84 AUTHORIZED REPRESENTATIVE 220 S. Daisy Ave. Santa Ana, CA 92703 ACORD 25 (2010/05) R( t t p1 -8 -2010 ACORD CORPORATION. All rights reserved. ,v, _ The ACORD name and logo are registered marks of ACORD 7 POLICY NO.: 680708OP051/680708OP536 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal 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; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. injury" or "property damage" occurs, or the • "personal injury" offense is committed. J 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 entered 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 81 09 07 © 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC'ORO TM CERTIFICATE OF LIABILITY INSURANCE Dat 9�MM /QDD/vR) 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT Heffernan Insurance Brokers License No. 0564249 NAME: A/ONo.Ext : 7'14- 997 -8'100 ac,NO : 7'1 a -460 -9935 1 855 W. Katella Ave., Ste 255 EMAIL Orange, CA 92867 ADDRESS: ' EACH OCCURRENCE INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Pro a Casual[ Co 25674 T 8c B Planning INSURER B: Travelers Indemni Co of America 25666 17542 E. 17L1' St., Ste 100 INSURER C: Continental Casualt Co. 20443 INSURER D: Q2 /Qt /� � Q2 /Q'I /'12 - fLLSt1R, CA 927$0 INSURER E: INSURER F: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABCVC- FOR THE PGLiCY PERIOD INDICATED. NOTWITHSTP.NDI!•JG 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. INSR LTR TYPE OF INSU RANGE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MM /DDKWV POLICY EXP MM /DD/1'1'VY LIMITS �:!i'/ /"'� GENERAL L LIABILITY EACH OCCURRENCE 52,000,000 A X COMMERCIAL GENERAL LIABILITY 68O7OSOPOS'I O2 /O'I /� 'I O2 /O'I /'12 DAMAGE TO RENTED PREMISES (Ee occunanca) gt 000.000 B CLAIMSMADE n OCCUR 6807080P536 Q2 /Qt /� � Q2 /Q'I /'12 MED EXP (Any one parson) $10,000 PERSONAL &ADV INJURY 52,000,000 GENERAL AGGREGATE $4,000.000 GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG 54,000,000 POLICY X PROJECT LOG $ A AUTOMOBILE LIABILITY 6807080 PO5'I Q2 /Q� /� � Q2 /Q'I /� 2 COMBINED SINGLE LIMIT (Ea accitlant) $Intl in GL BODILY INJURY (Per person) $ B ANY AUTO 6807080P536 Q2 /Q� /�� Q2 /Qt /12 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per eccitlenl) $ X PROPERTY DAMAGE (Par accident) $ 5 CUP7080P6�6 Q2 /Q� /�'I Q2 /Q'1 /'12 X UMBRELLA LIAR OCCUR EACH OCCURRENCE $2,000,000 A EXCESS LIAR CLAIMSMADE AGGREGATE $2,000,000 DED X RETENTION SO 5 WORKERS COMPENSATION ANU EMPLOYERS' LIAaILITY Y /rJ X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 A ANV PROPRIETOR/PARTNER/EXECUT /VFJ OFFICER/MEMBER EXCLUDED? � U63393T344 02/01/11 02/01/12 E.L. DISEASE - EA EMPLOYEE 81,000.000 (Mantlelory in N.H.) Ir yes, tlescnbe untler DESCRIPTON OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000.000 C Professional Liability MCH288294'144 09 /20 /t'I 09/20/'12 Per Claim Aggregate si.000.000 s�,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Adtlltional Ramarhs Schedule, H more space fa required) Projects as on file with the insured including but no[ limited to San Lorenzo Lift Station 8c San Lorenzo Lift Station MN D. City of Santa Ana is named as additional insured on eneral liabilt olic -see attached endorsement. AS 'r� F LBEIDELIVE ty APP RC�� Y_.1� Ci of Santa Ana E�XP�IRADTIONYDATE THEREOF, NOTICEBWIL REDnIN ACCORDANCE WITH PUb11C WOrkS Agency �� THE POLICY PROVISIONS. Corporate Yard, M -84 /! ED REPRESENTATIVE 220 S. Daisy Ave. Santa Ana, CA 92703 Laura S iu _ heedY Assistant City Att Dine �:!i'/ /"'� AL..VKU �a lcu�u /uaJ VI- tl -ZVIU AGVKU LiVKYV KA I IVN. All ngnrs reserves. The ACORD name and logo are registered marks of ACORD POLICY NO.: 6807080P05'1/6807o8oP536 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury ", "property damage" or "personal 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; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury ", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury ", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8� 09 07 ©2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 entered 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 81 09 07 ©2007 The Travelers Companies, Inc_ Page 2 of 2 Includes copyrighted material of Insurance Services OfFice, Inc., with its permission. _ _ - -- - J .acor,to TM CERTIFICATE OF LIABILI INSURANCE °a`�� rzo°"fR' 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 6ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ias) must Ue endorsed. If SUBROGATION IS WAIVED, subject to the temp and condillons of the policy, certain policies require en endorsement. A statement on this certificate tloes not confer rights to the certificate holder in lieu of such endorsements . - -- PRODUCER Hei'feman InSllI'aI1Ce BTOkeIS License No. 0564249 CONTACT Sherry Young NAME: A/C No Ext : 714- 381 -7700 FAX No : 714�i161 -7701 EMAIL sherryy�hePflns_eom ADDRESS: 6 Hutton Centre Dr., Suite 500 Santa Ana, CA 92707 GENERAL L LIABILITY INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Pro a Casual Co of Am. 25674 T 8C B Planning 17542 E. 1 7°' S[., Suite 100 Tustin, CA 92780 INSURER B: Travelers Indemni Co of Connecticut 25682 INSURER C: Cpnrinental Casual Co. 20443 INSURER D: 8tom aoD 'B INSURER E: _ - INSURER F: 02/01/12 _ 02/01/13 MED ExP (Any one Peraen) THIS IS TO CERTIFY THAT 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 POLiCIE3 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFIHSURANCE ADDL INSR SUER 1NVp POLICY NUMBER vOVCY EFF w�,yYYY POLICY E%P LIMITS GENERAL L LIABILITY EACH OCCURRENCE t2,00D000 A X COMMERCIAL GENERAL LIABILITY X - f38O7O8OPOS1 TIL12 02/01/12' 02/01/13 - pgMAGE TO RENTED PREMLSES (Ee orclrrrslml 8tom aoD 'B � cLwIMSMAOE I ^I occuR _ - 6807080P536TCT12 02/01/12 _ 02/01/13 MED ExP (Any one Peraen) slo.000 PERSONAL d ADV INJURY' (2,000 OCO GENERAL wpOREGwTE y1,000,000 GEN'L. AGGREGATE LJMIT APPLIES PER PRODUCTS - COMPIOP AGG Z9.000.OW 5 POLICY X PROJECT LOC A AUTOMOBILE LUIBIGTY 68070SOP051T1L12 02!01/12 02/OVi3 eoMelNEO SINGLE Uwr (Ee sciderrq slw le GL BODILY INJURY (Wrpereon) s B ANY AUTO 6807080P536TCT12 02!01/12 02/01!13 9CMEDVLED ALL DWNEO AVTOS AUTOS HIRED AUTOS X AU µ� ED ' iiC1O1LY 1NJLRiY;� ecGASre1 3 X PR eOPE�Y�.y„I�wMA� 1P� _ f s CU P7080P6161247 Q2/D1112 Q2/Q1/1$ X UMBRELLA LIAa OCCUR EACH OCCURRENCE tl2.ao0.n00 AGGREGATE 12.000,000 A EXCESS LIAR CLAIMSMAOE OED X RETENTON e0 i A WORKERS COMPENSATION ANp EMPLOYERS 4AaIL1TY YM ANY PROV/UETOR.PARTNER.EXECVTlVE/ OFFICERiAfEMBER EXGLUOED9 � (MenCatory ,n N.H.I XJV63393T34412 Q2/Q1/12 Q2/Ol /13 .X YVC STATIC �. OTH- T Y LIMIT$" ER E.L EACH AOCmFJJT 111,000,000 L. �O16EABE 9,1PLOYEE l 51,000,000 IOP�ERATI�O 1N�5 m av ��RIPTION OF EL b3PAnc - �GL1CY LIMB 51.000.000 C Professional Liability MCH288294144 09/20/11 09120/12 Por Clalm Aggregate j1'O°°'O°° s2.000,000 DESCRIPTION OF OPERATONS /COCA N I VENICr.E3 (Atfaeh ACORD 101, AAratlorrl Rerllilre acrpldrlle, N mere epees b ragalred) Projects as on file with the insured including but not limited to San Lorenao Lift Station 8c San Lorrnzo LiR Station MND. City of Santa Ann is named as additional insured on eneral liabil- tic ee ettacJled endorsemrnt Clt�! of Santa Ana HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH PUbI1C WOrks � _ THE POLICY PROVISIONS. COrpOrate Yard, fVf -84 - -I (). .J ail;[; �i l�: � CI �, 220 S_ Daisy Ave. `t��a(a ❑ ( <,,ty f>.I (I.rncy Santa Ana, CA 92703 AVTH /O/�JR Iy /ZE��DjREP�RESENTATIVE �i! /! / —' ra.air�u so tc •wMOr �✓.� - :arry r�a.vw .rv.v vrv.. ,r.. �. .-... .a..w .ow.�o.... Tha ACORO name and logo are registered manta of ACORO POLICY NO.: 6807080P051TIL12 /5807080P536TCT12 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENER>•rL LIABILITY COVERAGE PART /� The following is atlded to WHO IS AN INSURES (Section 11): Any person or organization that you agree in a "contract or agreement requiring insurance' to include as an additional insured on this Coverage Part, but only with .respect to liability for "bodily injury ", "property damage" or "personal 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 perrormance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work' and included within the "products - completed operations hazard "_ Such person or organization does not qualify as an additional insured for "bodily injury ", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. This insurance does not apply to the rendering of or failure to render any "professional services "_ The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part B. The following is added to Paragraph a_ of 4. Other insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that (�) The °bodily injury" or "property damage° for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed ; after you have entered into that "contract or agreement requiring insurance ". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recov ®ry Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section M: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury ", "property damage" or "personal injury" arising out of "your work' performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that pennon or organization. We waive these rights ony where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 ®2007 The Travelers Companies, Inc. Page � of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. injury" or "property damage" occurs, or the "persona! injury" offense is committed. o_ Tfie 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 entered into that contract or agreement; b. White that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 8'i 09 07 ®2007 The Travelers Companies. Inc_ Page 2 of 2 Includes copyrighted malarial of Insurance Services Office, Inc., with its permission_