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-. City of Santa . in °�O15
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AGREEMENT TERMINATION FORM
COTC Office Use Only
Please complete this form when the attached agreement and all 7015 Alri 3 P :tRa 7. 57
amendments (if any) are no longer in effect.
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A-2010-234
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 6-Aday of ?C'?. , 2010 by and
between THE PLANNING CENTER, a California corporation ("Consultant"), and the City of
Santa Ana, a charter city and municipal corporation of the State of California ("City").
v+ RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field
of professional environmental reports and services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide professional environmental services, including the preparation
of a mitigated negative declaration regarding the Harbor Boulevard Mixed Use Transit Corridor
Plan project. The scope of services (including estimated fees and costs) is attached hereto as
Exhibit A and is incorporated by this reference to this Agreement.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible
with the City's computer system, as agreed between the Project Manager and Consultant. In
regard to all copyrightable material produced as a deliverable under this Agreement, including
but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes,
and computer programs, Consultant agrees, for itself and for its affected officers, employees,
agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted
without prior review from the City, and (b) the authors of all such material, whether copyrighted
or not, award to the City, and to its officers, agents and employees acting within the scope of
their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish,
translate, reproduce, and use such materials.
COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
cumulative rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $152,184.00 during the term of this Agreement. Payment by City
shall be made within thirty (30) days following receipt of proper invoice evidencing work
performed, subject to City accounting procedures. Payment need not be made for work which
fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate upon the
completion of the Scope of Services or depletion of the maximum contract amount as stated in
Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant perfoims the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers
and representatives as additional insureds) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total amount
of $1,000,000 per occurrence. Consultant_shall supply City with a fully executed
2
additional insured endorsement in substantially the form attached hereto as Exhibit B
upon execution of this Agreement and shall be approved in form by the City
Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self-insurance.
Prior to. commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident,
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in firll 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 affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct, from the direct or indirect operations of the
Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section 1 of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is
due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent
acts, omissions or willful misconduct in the performance of this Agreement.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise.the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: City of Santa Ana
C/o Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With copy to: Executive Director of PBA
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
4
telefacsimile (714) 973-1461
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:The Planning Center
JoAnn Hadfield
Director
1580 Metro Drive
Costa Mesa, CA 92626
telephone (714) 966-9220
telefacsimile (714) 966-9221
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terns 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 terns or conditions of any proposal or other instrument that are inconsistent with,
or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the
City. Each party to this Agreement.acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
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17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
' "-4seA?,,,A o4?1
on MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Aty
By:' 1?
Ryan O.
RECOMMENDED FOR APPROVAL:
1.i1
Y TREVINO
Executive Director - PBA
THE PLANNING CENTER
JOANN C. HADFIELD
Director
I / I I
WILLIAM HALLIGAN, Es
Vice President
7
EHIBIT A
SCOPE OF SERVICES
(Attached)
November 9, 2010
Karen Haluza
Planning Manager
City of Santa Ana
Planning & Building Agency
20 Civic Center Plaza, M-20
Santa Ana, CA 92702
Subject: Revised Proposal to Prepare a Program Environmental Impact Report (PEIR)
for the Harbor Boulevard Corridor Vision Plan (P2010-0808E)
Dear Mrs. Haluza:
Environmental processing pursuant to the California Environmental Quality Act (CEQA) is a legal requirement, an
objective analysis, and often, a highly technical exercise. At its core, however, it is a critical public and decision-maker
disclosure process and should be an integral part of the planning process. The Planning Center will prepare a
defensible Program Environmental Impact Report (PEER) for the Harbor Boulevard Corridor Vision Plan (Vision Plan).
The environmental analysis will be coordinated with the Southern California Association of Governments (SCAG)
Demonstration Project to maximize efficiency and minimize overlap. We supported the City with their recent Housing
Element, and are well qualified to assist the City with this project as well. At the request of the City, this revised
proposal includes several revisions to reduce cost including:
- Cost savings associated with overlap between PEIR traffic study and baseline traffic data processed for the SCAG
Demonstration project.
- Cost reduction associated with the City providing Traffic Analysis Zone (TAZ) data for the IBI traffic impact
analysis.
- Cost savings associated with elimination of standalone technical reports for infrastructure prepared by IBI.
Technical analyses for infrastructure will be prepared by IBI Group but will be incorporated directly into the
PEIR.
In addition, this proposal has been revised to include 9 additional intersections (total of 19) to be evaluated by IBI
Group. Please contact us if you have any questions. We thank you for the opportunity to work again with the City of
Santa Ana.
Project Understanding
The Harbor Boulevard Corridor is identified in the recent Housing Element update as an opportunity corridor to
increase housing supply and diversity in the City. SCAG is working with the City to develop a Demonstration Project in
this opportunity area. The Vision Plan would create a mixed-use transit corridor by redesignating land uses to
accommodate residential and mixed-use development along Harbor Boulevard. Redesignation of land uses would
require amendments to the North Harbor Boulevard Specific Plan and General Plan Land Use Element. The North
Harbor Specific Plan boundaries generally overlap with the proposed boundaries for the Vision Plan. As part of the
Vision Plan, it may be recommended that the boundaries of the North Harbor Boulevard Specific Plan be expanded.
The approximately 2.25-mile corridor is commercially oriented. As a result of changes to the North Harbor Boulevard
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1580 METRO DRIVE I COSTA MESA CA 92626 1 714.964.42201 714.966.9221 (1) W19W.PLANNINGCENTER.COM
November 9, 2010
Page 2
Specific Plan, the project would require revisions to the zoning code and design guidelines to accommodate new
higher-density residential land uses and mixed-use land uses along the corridor. The project would also require an
amendment to the Circulation Element of the General Plan to accommodate a new street classification for Harbor
Boulevard.
Potential environmental issues associated with the proposed Vision Plan include an increase in air pollutant emissions
and deterioration of the level of service at intersections in the vicinity of the project as a result of an increase in vehicle
trips. In addition, because the land uses are commercially oriented, new residential and mixed-use land uses may have
different requirements related to.public infrastructure (e.g., sewer, water, storm drainage). Construction activities
associated with redevelopment of the Harbor Corridor could also increase noise levels at adjacent noise-sensitive
receptors.
The City's 2006-2014 Housing Element was approved by the state this summer. Pursuant to state requirements, the
City is required to implement changes to the City's zoning in order to accommodate the increase in residential density.
Changes to the zoning are required to be adopted by summer 2011. Consequently, the City desires to fast-track the
Vision Plan to adopt the zone changes required for the Harbor Boulevard Corridor in addition to implementing the
Vision Plan.
Approach
In our view, the appropriate CEQA document for the Harbor Boulevard Corridor Vision Plan is a Program EIR (PEIR).
This type of EIR covers broad, cumulative issues, so that future CEQA reviews of'specific development projects could
be focused on site-specific issues. It is also ideal for analyzing the relative environmental impacts and tradeoffs
between broad-scale project alternatives as in the proposed scenarios for the Vision Plan.
The Planning Center will utilize existing information compiled as part of our recent work with the City on the Housing
Element in order to efficiently document existing conditions and identify potential environmental impacts. The
Planning Center's team of CEQA practitioners will work closely with The Planning Center's Planning and Design Team
for the SCAG Demonstration project to minimize overlap and draw upon technical information during that phase of
the project for environmental processing. IBI Group has been included in our scope of work because of their
understanding of the benefits of the mixed-use, transit-oriented project, and they will expand upon technical
information being evaluated for work under the SCAG Demonstration Project regarding traffic and other
infrastructure needs (e.g., sewer, water, and storm drainage).
Scope of Work
TASK 1 -TECHNICAL STUDIES
The following technical studies will be prepared to-identify potentially significant environmental impacts:
Task 1.1 Transportation and Traffic
IBI Group will prepare a traffic analysis for the PE1R that documents the potential impacts associated with
implementation of the Vision Plan and recommends mitigation measures for any identified significant impacts. Level
of service (LOS) and intersection performance for signalized intersections for existing and future conditions will be
quantified.
Data Collection & Existing Conditions. The work effort in this task will build-off of the existing conditions work done as
part of the SCAG Demonstration project. For the EIR effort, IBI will incorporate the appropriate information obtained
November 9, 2010
Page 3
through the SCAG Demonstration project and conduct peak period traffic counts to establish the existing conditions
at designated study intersections. It is-assumed that the City of Santa Ana will also be able to provide transportation
analysis zone (TAZ) level data on existing land uses within the study area for use in understanding existing uses and
developing future land use values for trip generation. Based on information being gathered for the SCAG
Demonstration project, the traffic report will include an evaluation of existing traffic and circulation conditions at the
project study intersections, including:
1) Intersection operating conditions for typical weekday AM/PM peak hour conditions
2) Descriptions of geometric roadway conditions
3) Description of existing transit services in the vicinity of the project site
Peak-period traffic counts will be conducted to establish the existing condition at the study intersections. Existing
intersection operating conditions (in terms of volume/capacity ratios and level of service) will be quantified using the
ICU analysis methodology as adopted by the City of Santa Ana. The budget for the traffic analysis assumes analysis of
up to 19 intersections and collection of traffic counts for these locations.
Future Conditions. IBI will forecast and analyze future traffic conditions for the "no project" condition and for the
"with project" condition for the designated horizon year for the Vision Plan. It is assumed that the future conditions
traffic analysis will be focused on the buildout year for the project, and analysis of interim years would not be
required. IBI will work with the City of Santa Ana to develop an appropriate forecast of future traffic conditions for
the area. It is anticipated that an annual traffic growth factor will be applied to the existing traffic counts to obtain
future traffic volumes. Cumulative trips from nearby developments would be added to the base traffic volumes.
Graphics and tables will be used to illustrate the future traffic analysis results and to summarize the performance of
the study intersections following the implementation of the Vision Plan.
Following review and comment by the City of Santa Ana, IBI will prepare responses to comments for one screencheck
traffic study and revise the report as appropriate for inclusion into the Draft PER Up to two meetings with the City of
Santa Ana and two hearings (Planning Commission and City Council) would be attended by IBI staff..
Task 1.2 Infrastructure Analysis
IBI Group will prepare an infrastructure analysis for the EIR that documents the potential impacts and measures to
ensure the infrastructure needs are provided for. IBI Group will coordinate with The Planning Center staff, affected
public service agencies, and utility purveyors to assess potential impacts of the Vision Plan. The following services,
facilities, and utility systems will be considered as part of this evaluation: domestic water service; sanitary sewer
service, and stormwater drainage. This work effort will build on the preliminary infrastructure analysis completed as
part of SCAG's Demonstration Project. The evaluation will be limited to the Harbor Boulevard corridor only, consistent
with the anticipated land use proposals to be developed as part of the Vision Plan. It is assumed that the analysis will
address one land use scenario for the Harbor Corridor Plan (alternative development scenarios are not included in the
project budget). Up to two meetings with the City of Santa Ana Municipal Services Division, the Orange County
Sanitation District, and/or the Orange County Flood Control District and two hearings (Planning Commission and City
Council) would be attended by IBI staff.
Water Service Analysis
IBi will evaluate existing water service capacity and capabilities for the "no project" and "with project" condition for
the Harbor Boulevard Corridor Vision Plan. If deficiencies in infrastructure are present, IBI group will identify
November 9, 2010
Page 4
infrastructure required to accommodate the project. Following the completion of the evaluation, 181 Group will
incorporate the results of the analysis in the Draft PEIR.
Sewer Service Analvsis
IBI will analyze the "no project" condition and "with project" condition related to sanitary sewer system capacity
within the Harbor Boulevard corridor. The evaluation will examine capacity and flow rates for City of Santa Ana sewer
systems and Orange County Sanitation District systems, if,3pplicable. If deficiencies in infrastructure are present, IBI
group will identify infrastructure required to accommodate the project. Following the completion of the evaluation,
IBI.Group will incorporate the results of the analysis in the Draft PEIR.
Storm Drainage Assessment
IBI will analyze the "no project" condition and "with project" condition related to storm drainage system capacity
within the Harbor Boulevard corridor. The evaluation will examine capacity and flow rates for City of Santa Ana storm
drain systems and Orange County Flood Control District systems, given the proximity to the Santa Ana River. If
deficiencies in infrastructure are present, IBI group will identify infrastructure required to accommodate the project.
Following the completion of the evaluation, IBI Group will incorporate the results of the analysis in the Draft PEIR..
Task 1.3 Air Quality and Greenhouse Gases
The Planning Center will prepare an air quality assessment in support of the project. Redevelopment consistent with
the Vision Plan would result in an increase in emissions from stationary and mobile sources. Potential reductions in
vehicle emissions from proximity to the Orange County Transportation Authority's Harbor Boulevard transit lines will
be quantified based on traffic data provided by IBi Group. in terms of individual projects related to buildout, short-
term construction activities and long-term operational activities associated with increased vehicle traffic and residential
and nonresidential buildings would increase air pollutant emissions in the City. These emissions have the potential to
cumulatively contribute to the nonattainment designations of the South Coast Air Basin (SoCAB). The air quality
assessment will evaluate the increase in criteria air pollutant emissions associated with buildout of the proposed land
use plan, in accordance with the South Coast Air Quality Management District's (SCAQMD) assessment methodology.
Regional air pollution associated with the Vision Plan will be quantified and assessed based on SCAQMD's significance
thresholds. In addition, compatibility of land uses with respect to the California Air Resources Board's (CARE) siting
recommendations will be evaluated. Air quality modeling datasheets will be included as an appendix to the PEIR.
The Natural Resources Agency adopted thresholds for greenhouse gas (GHG) emissions on December 30, 2009. To
address these thresholds, the PEIR for the Vision Plan will include a quantitative emissions analysis in accordance with
the recently adopted updated CEQA Guidelines (effective as of March 18, 2010). The emissions inventory will be
categorized based on the ultimate end use of fossil fuel use-transportation, electricity, building heating/cooking, etc.
The PEIR will address GHG emissions reductions specified in AB 32 for the state. Although the Sustainable
Communities Strategy for the SCAG region will not be adopted until May 2012, the PEIR will discuss regional GHG
emissions reduction targets proposed by the SCAG in accordance with SB 375. The PEIR will include an evaluation of
GHG emissions reductions measures requested by the California Attorney General and the California Air Pollution
Control Officers Association (CAPCOA).
Task 1.4 Noise
The Planning Center will assess noise impacts associated with buildout of the Vision Plan. The purpose of this task is
to evaluate existing and future noise levels in the City and the potential increase in the ambient noise environment.
Noise from traffic on major arterials will be based on future traffic volumes in the traffic study prepared by 161 Group
and modeled using the Federal Highway Administration's Traffic Noise Model. The City's municipal code limitswill be
used to describe potential stationary source noise impacts. In addition, the impact assessment will utilize criteria in the
November 9, 2010
Page 5
City's Noise Element and criteria identified in the California Administrative Code Title 24 (interior noise standards) for
noise compatibility. Noise modeling datasheets will be included as an appendix to the PEIR.
TASK 2 - INITIAL STUDYINOTICE OF PREPARATION
The Initial Study (IS) will include brief written responses for all items included on the standard Appendix G checklist,
including the new thresholds that became effective March 18, 2010. Each response will explain the basis for the
assessment of No Impact, Less Than Significant Impact, Less Than Significant Impact with Mitigation Incorporated, or
Potentially Significant Impact; clearly indicate why a particular issuewould not result in a significant impact and does
not require further evaluation; and identifythose issues that require further analysis in a PEIR. Given the City's decision
to prepare a PEIR, it is assumed for the purpose of this proposal that checklist responses will consist mainly of short
statements that lead to further analysis in the PEIR. A complete list of references used to prepare the IS will be
provided.
A Notice of Preparation (NOP) will be prepared with the IS that clearly identifies the time period, contact person, and
address for submitting responses on the IS. A copy of the IS will be attached to the NOP to explain the preliminary
scope of issues to be included in the PEIR for distribution by the City.
Deliverable(s):
- Screencheck IS/NOP (5 review hard copies per screencheck)
- IS/NOP (1 single-sided reproducible IS%N6P, 1 CD copy in MS Word)
- Distribution of the IS/NOP via certified mail
TASK 3 - SCOPING MEETING
The Planning Centerwill assist the City in organizing and conducting one public scoping meeting to present the CEQA
process and solicit comments about the scope and content of the PEIR for the Harbor Corridor Vision Plan project. At
the public scoping meeting, we will be prepared to discuss the environmental review in connection with the proposed
project and respond to specific questions, as desired by the City.
We recommend that the scoping meeting be noticed in the NOP and held as soon as possible following the release of
the NOP. A summary of the comments received at the public scoping meeting will be included in the PEIR as an
attachment to include community input with this official environmental document.
Deliverables
-- Attendance/participation in scoping meeting (Project Director and/or PEIR project manager)
- Scoping meeting handouts
TASK 4 - SCREENCHECK DRAFT PROGRAM E1R
The Planning Center will prepare a Screencheck PEIR based on the environmental topic sections disclosed in the IS. The
PEIR will be clearly written and will avoid the use of technical jargon so that the document is easily understood. If
technical terms need to be introduced for accuracy, they will be clearly defined. The analysis of issues will be thorough
yet concise. Each topical section of the document will 1) describe existing environmental conditions, 2) define the
criteria by which impacts will be determined to be significant, 3) determine the environmental changes that would
result from the project, 4) evaluate the significance of those changes with respect to the impact significance criteria,
5) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and 6) provide a
conclusion as to whether significant impacts would remain, even after successful implementation of recommended
mitigation measures and project design features.
November 9, 2010
Page 6
Technical studies, as described above, will be prepared for air quality, noise, greenhouse gas emissions,
transportation/traffic, and infrastructure (e.g., water, sewer, and stormwater) to supplement information being
prepared for the Demonstration Project. Since EIR scoping is yet to be completed and this project is expected to be of
great interest to the community, it is assumed at this time that all topics in the Initial Study Checklist-except
biological resources, agriculture and forest resources, and mineral resources-will be included in the Program EIR for
the Vision Plan.
General Information
Executive Summary: This section will consist of a concise summary of the information presented in the main body of
the PEIR. This will include:
• Brief project description
¦ Tabular summary of findings regarding project and cumulative impacts, mitigation measures, and any unavoidable
significant impacts
¦ Summary of discretionary approvals required for the project
¦ Brief description of the alternatives considered, noting which one was considered the environmentally superior
alternative
• Areas of controversy and issues to be resolved
Introduction: This section is intended as a convenience to the reader who is not familiar with CEQA, EIRs, or the
environmental review process. The purpose and standards of adequacy for an EIR will be defined and the
environmental review process discussed. Characteristics of a Program EIR will also be described.
Project Description: The project characteristics associated with the Vision Plan will be described, along with a
statement of project objectives as determined by the City of Santa Ana. Buildout statistics included as part of the
Vision Plan, including residential units, nonresidential square footage, population and employment, will be included.
In addition, policies and design guidelines in the North Harbor Specific Plan will be listed. Illustrations will include
regional and site location maps and the Vision Plan.
Environmental Setting: A general description of the regional and local setting will be provided to establish the
environmental and planning context. In addition to physical characteristics, relevant regional and local planning
programs will be discussed to establish whether this project is consistent with applicable planning policies and
programs. Existing land uses statistics, including units, nonresidential square footage, population, and employment,
will be included. More detailed descriptions of existing conditions and pertinent policies will be provided, where
appropriate, as part of the discussions under each of the specific impact topics in the main body of the EIR.
Although the final scope of the EIR can't be determined until after the IS/NOP is completed, it is anticipated that the
following topical sections will be included:
• Aesthetics
• Air Quality
• Cultural Resources
¦ Geology and Soils
• Greenhouse Gases
• Hazards and Hazardous Materials
¦ Hydrology and Water Quality
• Land Use and Planning
• Noise
¦ Population and Housing
¦ Public Services
• Transportation and Traffic
• Recreation -
¦ Utilities and Service Systems
November 9, 2010
Page 7
Amended CEQA Guidelines
The PEIR will be prepared in accordance with the amended CEQA Guidelines, effective March 18, 2010. These
updated CEQA Guidelines include new requirements to address forestry resources in the new Agriculture and Forest
Resources subsection of a new Greenhouse Gas Emissions section, and amendments to the Transportation and Traffic
section to address alternative modes of transportation. A discussion of forestry resources will be included in the IS to
address potential impacts to forestland and timberland resources; however no significant impacts are anticipated. The
PEIR will also include a Greenhouse Gases section to address the new CEQA Thresholds. In addition, energy use is now
required to be evaluated per the changes to CEQA Guidelines Appendix F. For the PEIR, the Utilities and Service
Systems section will include an estimate of energy demand associated with land uses in the Vision Plan. The new
transportation thresholds allow for lead agencies to consider thresholds adopted by agencies for alternative
transportation. In response to the amended thresholds, the PEIR will include a discussion of implementation policies
included in the Vision Plan to promote transit use and other alternative modes of transportation.
SB 18
Senate Bill 18 (SB 18) requires local governments to notice and consult with tribes prior to adoption of general plans,
specific plans, or projects that require a general plan amendment. This proposal assumes that tribal consultation in
accordance with SB 18 will be conducted for the Vision Plan by the City of Santa Ana. A Notice of Availability (NOA)
for the PEIR will be sent to tribes on the Native American Heritage Commission (NAHC) list.
Alternatives
In compliance with Section 15126(d) of the State CEQA Guidelines, the PEIR will evaluate a reasonable range of
alternatives. Per CEQA, PEIR alternatives are required to be selected on the basis of their ability to:
¦ Avoid or reduce one or more of the project's significant impacts
¦ Feasibly attain most of the basic objectives of the project
Analyses of up to two alternatives in addition to the "No Project' alternative are included in the cost estimate for the
PEIR. Impacts associated with each alternative will be compared to proposed project impacts for each of the
environmental impact categories. If any of the land use variations considered during the planning process have the
potential to reduce or eliminate significant environmental impacts, we will draw on this effort to prepare meaningful
CEQA alternatives for comparison. The environmentally superior alternative will be identified; if it is the No
Project/Existing Conditions Alternative, then one of the development alternatives will be identified as environmentally
superior to the others.
Other Required Sections
In addition to the topical issues discussed above, the following sections will be prepared:
¦ Environmental effects found not to be significant during the Initial Study scoping process
¦ Adverse environmental impacts that cannot be avoided if the project is implemented
• A discussion of cumulative impacts for each of the impact topics
¦ Any irreversible environmental changes that will occur if the proposed project is implemented
¦ Ways in which the project could directly or indirectly impact population or employment growth in the area
Deliverable:
- Screencheck Draft PEIR (S review hard copies per screencheck)
November 9, 2010
Page 8
TASK 5 DRAFT ENVIRONMENTAL IMPACT REPORT/NOA
The Planning Center will incorporate City comments on the Screencheck Draft PEIR. The Planning Center will meet
with City staff (see Task 8) to discuss and resolve any major areas of concern or to clarify areas of misunderstanding,
etc. The Planning Center will prepare the Notice of Completion (NOC) for City approval and signature. We will also
prepare the Notice of Availability (NOA) for City approval for distribution by the City.
Deliverable(s):
- Draft PEIR (single-sided reproducible Draft PEIR, 1 CD copy in MS Word)
TASK 6 FINAL PEIR
The Final PEIR will be prepared in accordance with CEQA Guidelines Section 15089 and will contain the final response
to comments received on the Draft PEIR. The Final PEIR must reflect the lead agency's independent judgment and
analysis and is presented to the Santa Ana City Council for consideration and approval. Following receipt of all
comments on the Draft PEIR, written responses will be prepared for each comment. A Response to Comments section
will be created for the Final PEIR and will contain an introduction describing the public review process for the Draft
PEIR, copies of all comment letters and minutes from public meetings where oral comments were taken, and written
responses to all comments. Responses will focus on comments that address the adequacy of the Draft PEIR.
Comments that do not address EIR adequacy will be noted as such and no further response will be provided unless
deemed necessary by the City. Responses will be prepared by The Planning Center with input from our technical
specialists, as needed. The Final PEIR will also include any revisions, updates, or corrections needed to respond to
comments or address minor errors in the Draft PEIR.
The estimated budget assumes that no additional basic research will be required to respond to comments, that the
comments will be directed at the substance and technical adequacy of the EIR, and that the comments will be
compiled by the City and transmitted in writing to the consultant. Modification to the scope of work, budget, and
time frame may be necessary if comments received from agencies or the general public require substantially increasing
the scope of impacts and issues addressed in the EIR. Responses to Comments from responsible agencies will be
provided to the City so that the City can distribute those comments a minimum of 10 days prior to consideration of
the Final PEIR by the Santa Ana City Council.
Deliverables:
- Screencheck Final PEIR (5 review hard copies per screencheck)
- Final PEIR (single-sided reproducible Final PEIR, 1 CD copy in MS Word)
TASK 7 FINDINGS OF FACT AND SOC, MMP, AND NOD
In addition, The Planning Center will prepare the Mitigation Monitoring Program, the Findings of Fact, a Statement of
Overriding Considerations (if required), and the Notice of Determination (NOD).
November 9, 2010
Page 9
Findings of Fact and Statement of Overriding Considerations
Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR
identifies one or more significant effects unless the public agency prepares findings for each significant effect. The
Planning Centerwill prepare findings and facts in support of findings for each of the significant impacts identified by
the EIR, along with a determination as to whether those impacts would be reduced to below a level of significance by
proposed mitigation measures. Additionally, Section 15093 requires that when an agency approves a project thatwill
have significant adverse unavoidable environmental effects, the agency must make a statement of its views on the
ultimate balancing of the merits of approving the project despite the environmental damage. Thesefacts and findings
and the statement of overriding considerations for any significant impacts will be incorporated into the resolution to
be prepared by City staff.
Mitigation Monitoring Program
A Mitigation Monitoring Program (MMP) will be prepared pursuant to Section 21081.5 of the Public Resources Code.
The MMP will include any mitigation measures in the PEIR. The MMP will list the significant impacts that would result
from the project; proposed mitigation measures for each impact, the times at which the measures will need to be
implemented; the entity responsible for implementation; the City departments or other agencies responsible for
monitoring the mitigation effort and ensuring its success; and compliance verification criteria.
Notice of Determination
if the project is approved by the lead agency, an NOD is filed within five working days. The City will be responsible for
filing the NOD with the County Clerk of the Board in Orange County, as well as the State Clearinghouse.'
Deliverable(s):
- Findings of Fact and Statement of Overriding Considerations (5 review hard copies and 2 CD copies)
- Mitigation Monitoring Program (5 review hard copies and 2 CD copies)
- Notice of Determination
TASK 8 MEETINGS AND HEARINGS
In an effort to achieve a high level of communication, our estimated budget assumes that The Planning Center's
Project Manager will attend up to two meetings with City staff during the course of the environmental review process.
Additional meetings or attendance by other members of the consultant team will be billed on a time-and-materials
basis. Costs for meeting attendance will be billed in accordance with the hourly rates for the personnel involved.
During the final month of the project, we anticipate attendance at up to two public hearings, including the Planning
Commission and City Council hearing(s), concluding in adoption of the Vision Plan (including General Plan and
Specific Plan amendments) and certification of the Final PEIR. As specified below, the Project Director and the Project
Manager will attend these public hearings to answer any questions regarding the CEQA process, the EIR findings, etc.
Deliverable(s):
- Conference calls (up to 3)
- Attendance at 2 meetings (Project Manager) (in addition to the Public Scoping meeting)
- Attendance at one Planning Commission hearing (Project Manager)
- Attendance at one City Council hearing (Project Director and Project Manager), as detailed in the attached
schedule.
' For the purpose of the scope of work and cost estimate, it is assumed that the City would be responsible for
California Department of Fish and Game (CDFG) mitigation fee and county filing fees.
November 9, 2010
Page 10
TASK 9 PROJECT MANAGEMENT
The Planning Center will coordinate closely with the City to ensure that the PEIR and associated documents are legally
defensible, accurate, and useful to decision makers when considering the approval of the project. Project
management responsibilities include: task scheduling and assignment; management of resources; monitoring of costs
and schedule adherence; management and coordination of subconsultants, including contract administration and
accounting; consultation and coordination with local and state entities relative to the environmental review process;
and coordination and communications with the City's project team to ensure compliance with policies, procedures,
and any applicable codes.
Deliverable(s):
- Project Management and Administration for an approximate 9-month schedule, as detailed in the attached
schedule.
Proposed Schedule
We will work at the outset of the project to develop a schedule that meets the needs of the City. Attached is an MS
Project schedule developed for the Harbor Boulevard Corridor Vision Plan PEIR based on required CEQA review periods
and our understanding of the City's scheduling objectives for this project. As shown, based on provision of a complete
project description by November 2010, we estimate that the Final PEIR could be certified by July 2011.
Cost Estimate
The Planning Center proposes to conduct the scope of services identified in this proposal for a not-to-exceed fee of
$152,184. As noted below, the Cost Estimate does not include reproduction and distribution costs associated with
public review copies of the documents (iS/NOP, Draft PEIR, FEIR) or filing fees required by the County of Orange. If
requested, The Planning Center can prepare hardcopies/CD copies for public distribution at cost plus 10 percent,
which is estimated at $12,300. Our assumptions and deliverables are detailed in the previous section. We remain
open to modifying our scope of services and associated fee based on any changes desired by the City. The table below
presents the costs detailed by task. Any additional costs accrued during the project that are outside the scope of work
identified in this proposal wiil'be billed according to our standard schedule of fees.
November 9, 2010
Page 11
Table 1. Cost Estimate
TASK
TPC LABOR SUB-
CONSULTANTS'
TOTAL COST
Task 1 - Technical Studies
Task 1.1 -Traffic Analysis $21,828 $24,011
Task 1.2 - Infrastructure - $23,874 $24,218
Task 1.3 - Air Quality and GHG Analysis $7,890 - $7,890
Task 1.4 - Noise Analysis $4,390 - $4,390
Technical Studies Subtotal ............. ..
$12,280 ........ ..
$48,228
$60,508
Task 2 - initial Study/NOPr $61890
Task 3 - Scoping Meeting $1,840
Task 4 - Screencheck Draft PEIR; $41,640
Task 5 - Draft PEIWNOA' $6,580
Task 6 - Final PEIRZ $10,600
Task 7 - Findings, Statement of Overriding Considerations, NOD $3,590
Task 8 - Meeting and Fearing $1,440
Task 9 - Project Management $16,860
Labor Subtotal $150,908
3 ... '... :: _ ...... ...:....
Reimbursables
EDR Hazardous Materials Database Search $600
Mileage $60
Miscellaneous Printing/Faxing/Scanning/Mailing $500
Reimbursables Subtotal' $1,276
GRAND TOTAL - - 5152,1$4'
' Subconsultant fees include a 101% markup.
' Our cost estimate is based on no more than two rounds of internal review on the Screencheck IS and Screencheck
Draft PER and that City comments are consolidated into one document. For the purpose of this scope and cost
estimate, it is assumed that internal comments will take up to 8 hours for the IS, up to 40 hours for the screencheck
Draft PEIR, up to 40 for the Final PEIR, and up to 8 hours of 181 response to traffic comments on the Final PEIR.
' Reimbursables are an estimate only and are billed at cost plus 10'/0. Mileage reimbursement rate is the standard IRS-
approved rate.
November 9, 2010
Page 12
Table 2. The Planning Center - 2010 Standard Fee Schedule
STAFF LEVEL HOURLY RATE
Principal $200-$250
Director/ream Leader $140-$225
Sr. Planner/Scientist/Designer 11 $135-$215
Sr. Planner/Scientist/Designer 1 $115-$155
Associate Plan ner/Scientist/Designer If $105-$130
Associate Planner/Scientist/Designer 1 $95-$110
Assistant Planner/Scientist/Designer 11 $80-$100
Assistant Planner/Scientist/Designer 1 $60-$80
GIS/CAD Operator It $100-$135
GIS/CAD Operator 1 $904105
Graphic Artist II $85-$130
Graphic Artist 1 $75495
Planning Technician/Intern $60-$80
Technical Editor $95-$100
Word Processing $75-$85
Clerical/Administration $60-$100
Third-Party CEQA Review $225
Expert Witness 2 x Normal Hourly Rate
Other direct costs are billed at cost plus 12.5%,
Mileage reimbursement rate is the standard IRS-approved rate.
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. The attached Service
Authorization, which includes our General Terms of Consulting Agreement, is a part of this proposal. If the contents
of this Proposal and Agreement are satisfactory, please indicate your approval by signing the Service Authorization
and sending it to our Corporate office. As Director, Environmental Services, I am authorized to bind The Planning
Center and the project team to the contents of this proposal.
We look forward to working with you to bring about the successful completion of this project. If you have any
questions regarding the contents of this proposal, please feet free to call the undersigned at 714-966-9220.
Respectfully submitted,
THE PLANNING CENTER
JoAnn C. Hadfield
Director, Environmental Services
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CERTIFICATE OF LIABILITY INSURANCE OPID KG F5"
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Alliant Insurance Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(Lic-OC36861) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
735 Carnegie Drive, Ste 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Bernardino CA 92408
Phone: 909-886-9861 Fax: 909-886-2013 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Traveler. Property Casualty 25674
INSURERB: Trawlers Casualty L Surety 19038
Planning Center Inc INSURER C: Ewnaton Insurance Co (PTN)
1580 Metro Drive
Costa Mesa CA 92626 INSURER D:
- INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE Of INSURANCE POLICY NUMBER DAPOLICYEFFECTIVE
TE JMMIDONYYY) POLICY EXPIRATION
DATE (MMIDDINYM
LIMITS
GENERAL LIABILITY EACH OCCURRENCE $5.,000,000
C X X COMMERCIAL GENERAL LIABILITY IOPKGM00041 07/01/10 07/01/11 PREMISES (Eaoccurence $50,000
CLAIMS MADE v7l OCCUR
MED EXP (Any one person) _
$5,000
PERSONAL SADVINJURY $ 5,000,000
GENERAL AGGREGATE s5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $5,000,000
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DESCRIPTION OF OPERATIONS t LOCATIONS! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Operations pertaining to named insured for certholder; Professional Liab
includes E&O Coverage. Certholder its officers, agents, employees and
volunteers are add'1 insd/prim wrdg/waiver as respect gen'1 liab per IE0036
4/04 & IE0054 4/04 as required by written contract. *30 day N O C except 10
day for non-payment of premium. Null & Voids prior cent 6/29/10.
%.ctc r Irn.h t c nvl_ucrc CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Santa Ana
Attn: Judy
20 Civic Center Plaza, M-20
Santa Ana CA 92701
ACORD 25 (2009101)
CITYSAO ' DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD COIO15RATI-01r-All rinkt... . ,I
The ACORD name and logo are registered marks of ACORD
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 riot confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance 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.
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POLICY NITIVIBER: 1OPKGM00041
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
AS PER WRITTEN CONTRACT
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your
work" for that insured by or for you.
"Insureds are advised that certificates of insurance should be used only to provide
evidence of insurance in lieu of an actual copy of the applicable insurance policy.
Certificates should not be used to amend, expand, or otherwise alter the terms of the
actual policy."
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME
LE4)036-0404 I of 1
POLICY NUMBER: IOPKGM00041
EN DORSEMEN"r
"Ibis endorsement modifies insurance provided under the Follo% inu:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFIiLLY.
SCHED[!LE
Name of Person or Organization:
AS PER WRITTEN CONTRACT
A. WHO IS AN INSURED (SECTION 11) is amended to include as an insured the
person or organization shown in the schedule. But only with respect to liability
arising out of "your work" for that insured by or for you.
B. As respects additional insureds as defined above. This insurance also applies to
"bodily injury" or "property damage" arising out of Your negligence when the
following written contract requirements are applicable:
1. Coverage available under this coverage part shall apply as primary insurance.
Any other insurance available to these additional insured's shall apply as
excess and not contribute as primary to the insurance afforded by this
endorsement.
2. We waive any right of recovery we may have against these additional
insured's because of payments we make for injury or damage arising out of
"your work" done under a written contract with the additional insured.
3. The term "insured" is used separately and not collectively, but the inclusion of
more than one "insured" shall not increase the limits or coverage provided by
this insurance.
"Insureds are advised that certificates of insurance should be used only to provide
evidence of insurance in lieu of an actual copy of the applicable insurance policy.
Certificates should not be used to amend, expand, or otherwise alter the terms of the
actual policy."
tE-(x)54-0404