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HomeMy WebLinkAbout25A - AGREEMENT ENVIRONMENTAL SVCS RBF CONSULTING PARKING STRUCTURE MATER DEI HS 1202 W EDINGERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: AGREEMENT FOR ENVIRONMENTAL SERVICES WITH RBF CONSULTING TO PREPARE AN EIR FOR A PARKING STRUCTURE FOR MATER DEI HIGH SCHOOL AT 1202 WEST EDINGER AVENUE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2n° Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with RBF Consulting for environmental services in an amount not to exceed $164,631 for a new parking structure for Mater Dei High School at 1202 West Edinger Avenue, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION In July 2011, Mater Dei High School submitted a proposal to expand the existing school campus and construct a three-story, 1,000 space parking structure. During the review of the project, it was determined that an environmental impact report (EIR) would be the required environmental document for the development. An environmental impact report is required for this project pursuant to the California Environmental Quality Act. A Request for Proposal (RFP) was circulated to nine qualified environmental firms in October 2011, with five consulting firms responding to the RFP. Based on a review of the proposals, it is recommended that RBF Consulting be awarded this contract to complete the EIR because of its track record in preparing high quality environmental studies, its familiarity with the City, and its background and knowledge about this project. The fee proposal to complete this effort is $164,631, which includes a 10 percent contingency fee. Funding to complete the EIR would be provided by Mater Dei. 25A-1 Agreement with RBF Consulting February 6, 2012 Page 2 FISCAL IMPACT This agreement will not impact any City/Agency funds. Funds in the amount of $164,631 will be deposited by Mater Dei into the Planning and Building Agency account for contractual services (No. 09801001-24035) prior to the consultant commencing any work. APPROVED AS TO FUNDS AND ACCOUNTS: Trevino Executive Director Planning and Building Agency VF:rb W%reportsNater Dei EIR contract.cc020612 Exhibit: 1. Agreement Francisco Gutierrez Executive Director Finance & Management Services Agen 25A-2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2012 by and between RBF CONSULTING, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). 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 an Environmental Impact Report regarding a new parking structure for Mater Dei High School located at 1202 West Edinger Avenue. The scope of services and budget 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. EXHIBIT 1 25A-3 3. 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 $164,631.00 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 team of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional 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 25A-4 additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required- by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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, fiom 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 3 25A-5 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. 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 25A-6 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:RBF Consulting Glenn La.Ioie, AICP Vice President 14725 Alton Parkway Irvine, CA 92618 telephone (949) 472-3505 telefacsimile (949) 472-8373 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 5 25A-7 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 Aria 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. b 25A-8 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager RBF CONSULTING GLENN LAJOIE, AICP Vice President RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA 7 25A-9 EHIBIT A SCOPE OF SERVICES (Attached) 25A-10 I: INTRODUCTION The City of Santa Ana is requesting proposals from planning and environmental consulting firms for preparation of an environmental impact report (EIR) fora new parking structure for Mater Dei High School at 1202 West Edinger Avenue, Santa Ana. The scope of work may include any and all work efforts related to the analysis, preparation, community outreach and related compliance with CEQA and/or NEPA (if required). This will include the preparation of an EIR and required technical studies, on-call consulting on as needed basis, and attendance at public hearings. 11. PROJECT DESCRIPTION Mater Dei High School has submitted a proposal to the City to construct a new parking structure for use by the high school. The proposed structure will be three stories in height (approximately 25 feet), and will accommodate 990 vehicles. Access to the structure will be provided from the existing campus parking lot at the north and from St. Andrew Street at the south. To accommodate the project, Mater Dei will need to acquire 19 privately-owned parcels of land that are currently occupied by single-family residences. Several discretionary actions will be required for the project. In addition to the EIR, the discretionary actions will include a zone change (Amendment Application) and general plan amendment for the 19 single-family residential lots, an amendment to an existing development agreement, and the partial abandonment of three streets. Further, a lot merger to combine the parcels with the Mater Dei campus will be needed. III. SCOPE OF SERVICES The Consultant shall provide technical environmental services under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services may include attendance at appropriate City Commission, City Council ..and neighborhood meetings, and preparation of studies and technical reports. If determined necessary, the consultant shall be required to discuss the project with City Staff and applicant within two-weeks of approving proposal and receiving the notice to proceed from the City. At that time staff and applicant will provide all information pertinent to the project. It shall be the responsibility of the selected consultant to prepare the appropriate environmental documentation in conformance with the California Environmental Quality Act. The City staff shall work closely with the consultant in achieving a legally defensible document. As part of the proposed EIR, the following shall be addressed. Please identify. the scope of work and related cost estimate by the categories listed below. 25A-11 A. Initiation of the Project/Kick-Off: Attend a kick-off meeting to discuss the project with City staff within five working days of receiving a notice to proceed. At this time, staff will present all information about the project, discuss any project constraints and issues, and refine the scope and responsibilities. B. Preparation of technical studies: Technical studies shall be prepared and.provided by the selected consultant that, at a minimum, are those listed in CEQA Appendix G: Environmental Checklist Form of the CEQA Guidelines. The Public Works Agency is requiring that, at a minimum, the following be included: Provide a Site Traffic Impact Analysis (TIA). The TIA shall include, but shall not be limited to the following: a) A forecast of the amount and distribution of vehicular traffic to be generated by the project and the commutative projects. b) An assessment of the impact the project may have upon adjacent signalized and un-signalized intersections. c) Assessments and recommendations at project access locations, including the ability of project traffic to enter and exit the site, traffic controls, movement restrictions, sight distance and internal circulation. A more detailed scope of work will be provided to the selected consultant. C. Preparation of the environmental impact report: The consultant will prepare the environmental document for the project. This will include meeting with the City for the purpose of obtaining information necessary for preparation of complete project and alternatives descriptions, establishing early communications among the various team members, and familiarizing the consultant with the issues and concerns identified for analysis. In addition, the initial study, notice of preparation, scoping meeting attendance and the preparation of a screencheck and draft EIR shall be included as part of this task. D. Preparation of the final EIR: The consultant shall prepare a final EIR that is consistent with all applicable provisions of the California Environmental Quality Act. This will include the response to comments, findings of fact, statement of overriding considerations (if applicable), the mitigation monitoring and reporting program, and all other related documents. E. Attendance at Meetings: The scope of services requires the selected consultant to work closely with staff in preparing the environmental impact report. The consultant shall budget (at minimum) attendance at the following meetings: 1 Kick-off meeting with City staff 1 Community workshops/stakeholder forums 1 EIR Scoping meeting 8 Monthly progress meetings with staff 2 Planning Commission study sessions 2 25A-12 I Environmental Transportation Committee (ETAC) study session 1 City Council study session 2 Planning Commission hearings 2 City Council hearings F. Deliverables: 10 per submittal Administrative Screencheck Draft EIR (assume three review cycles) 20 Draft EIR (for public review) 10 CD's that contain the Draft EIR 20 Final EIR (with CD's) 1 Electronic files (Print quality pdf, web ready pdf, editable file) Note: Prior to start of work, software and programs used for data collection, documentation and mapping shall be approved by City staff to affirm compatibility with City systems. IV. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana, State Office of Planning and Research, State Department of Transportation, OCTA and other involved agencies' policies, procedures, standards and guidelines. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The minimum standard of appearance, organization and content of the documents shall be that of similar types produced by the City and set forth in related City of Santa Ana and other involved agencies' manuals. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above.. V. PERFORMANCE PERIOD The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City. Unless extended by contract amendment, the contract shall terminate on December 1, 2013. The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement and all pertinent paperwork are fully executed and approved by the City Council. VF/Mater DeMMater Dei RFP scope only 3 25A-13 Clty of Santa Ana Proposal for the Mater Doi High School Parking Structure ?P?„cacto" t t Environmental Impact Report V111. BUDGET TASK G.L. A.A. R.G. K.B. E.T. B,M, P.M. GA. Total Total 1.0 PROJECTSCOPINC 22 6 17 6 14 3 12 5 17 3 20 0 17 5 7 6Hours Ropro Cost 1.1 Prc Kick-Off and Fro ed Characteristics 4 8 1.2 Research and Inwest' aiion 1 2 4 i 2 $2300 1.3 Agency Consutiatlon 1 4 7 $! 155 1.4 Pre ration of m hutral study i 4 5 925 1.5 Notice orpreparation 1 1 28 3 34 S4 92D 1.8 Sco ' Mee 4 8 2 4 $690 2.0 PREPARA7lONOFADPHNISTRA71VFDRAFT91K 10 $1.950 2.1 Introduction and Purpose i 1 2.2 Executive Suma 1 ! 6 4 8 41 ,270 2.3 Pr ct Desc ' loon 2 18 8 $980 2.4 Threshoids ol- nlticance 1 1 3 23 $3,825 2.5 cumulative Pr eds/Anat 1s 1 2 4 90 2.6 Eavuoarnentai Is 4 2 7 $1215 A- AestltelKWewshed 2 0 2 75 16 2 97 8. Aa Q9( 1 1 $13125 C. Greenfwuse Gas Ana srslClimate Cha 1 1 28 30 $5300 0. Land Use end Relevant Plan ' 1 1 24 24 2t $4 800 E. Noise 1 1 26 0 F. Traffic end Circulation 2 1 20 30 32 $5,65D 2,7 Growth Inducement 1 2 8 60 18 2 101 $18475 2.8 Alternatives to the P dAcion 2 4 24 9 $1,445 2.9 Mi ati on Mondo' and Re N Pro tarn 1 1 4 $4,630 2.10 Addital Sections 1 1 g 0 $980 z.11 Graphic Exhibits 1 10 $1560 3.0 DRAFT EIR 1 2 14 f8 $t,740 3.1 Prebnina Csa1 EIR 2 20 24 4 4 2 3.2 tlal of the Draft EIR 2 14 -10 -3 2 2 60 $9'S30 dA FINAL ENVIRONMENTAL IMPACT REPORT 2 31 54,875 4.1 Res nse to Comatenls 2 18 4 2 i 14 2 2 2 2 40 . F rmlEIR 2 12 1 $0'630 4,3 Find' slStatementoroveW Considerations 2 18 6 10 30 54.870 5.0 PROJECT COGROINATION AND MEETINGS 55,050 5.1 Pub0c Notices 1 2 52 Envuwurtenlal Revievr Coordination 24 40 4 7 S1,f55 5.3 Environmental Review Meets 40 yp 12,400 6,0 ENVIRONMENTAL DELIVERABLES 8 98 $ $10,350 TOTAL HOURS 107 238 212 84 34 500 500 'Percent of Total Labor Hours 104 72 20 28 865 Sut3T)TALLABORCOSTS 12.4% $24 075 27.5% 41650 24.5% 9.756 12.0°h 8.3% 2.396 3.2% TOTAL COSTS , $ $30740 $10500 518200 $14,400 53,500 12,100 $145,165 $149664 r.u oPTKxv l TAS IS 7.1 AdddbnalVisu.18Irw Dons $190D rslmulalbn 7.2 TrafiicAna is 7.2a Long-Rang a Analysis 72b 7 I PM Peak Period Ana Is 8 5 1 N T2C Traft0 nallVarran1Ana siS 7.2d Queue Anal sis 5 i6 101 1 26 $4..950 G.L a Gtenn Lejote AA. =Alan Ashimine R.G. =Rife Garda K.B.= Krklen Boquo E.T. = Eddie Torres B.M. - Bob Matson P.M. - Paul Martin GA. = Graphic Mist .1N 10-108391.999 26 October 27, 2011 xS" ^?^'.`^r+ -arF:r.- i r„=:e-"5 --c pT " _ 'F .ore EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic- Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 25A-15 25A-16