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T & B PLANNING 5 - 2013
IASURANCE ON FILE t�ORK MAY PROCEED N- 2013 -068 UNIIL INSURANGE EMPIRES B2 4/ / CLERK OF % ZQt COON �4 DATE: �UN , 0. G)VA (1) AGREEMENT FOR ENVIRONMENTAL TECHNICAL SERVICES AY-M kII& �-er narldez THIS AGREEMENT, made and entered into this / tday of 2013 by and between T &B PLANNING, INC., a California corporation (hereinafter "Consult t" ), nd the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of enviromnental review to provide CEQA consulting services in relation to the Walnut Pump Station Building. 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide services necessary to prepare and process a Mitigated Negative Declaration (MND) in support of the Walnut Pump Station Building Upgrade (hereinafter, "Project "), as set forth in Consultant's Proposal dated April 26, 2013, attached as Exhibit A to this Agreement, and incorporated by reference. If additional services are required to complete the MND, Consultant shall prepare a written Proposal and Fee Schedule setting forth the additional services. The Executive Director of Public Works may, in writing, authorize the additional services proposed by Consultant. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be its President or his /her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or parry. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, Project Budget. If additional services are authorized, Consultant shall bill services at the hourly rates set forth in Exhibit C. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall coimmence on the date first written above and terminate on June 30, 2014, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Public Works and the City Attorney. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in amanner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Corn mercial General Liability Insurance. Consultant shall maintain connmercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. 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 ini ury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Public Works Agency — Water Division City of Santa Ana 220 S. Daisy Avenue, M -85 Santa Ana, CA 92703 facsimile (714) 647 -3345 4 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: T & B Planning 17542 E. Seventeenth Street, Suite 100 Tustin, CA 92780 Facsimile (714) 505 -6361 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any inj cries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 1 y?. 11 0,/ /- �] /". MARIA D. HUIZAR / L Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney C By: Lar a Sheedy Assistant City Attorney CITY OF ANTA ANA KEV OURKE Interim City Manager Tax ID# Tustin, CA San Diego, CA I Murrysville, PA P I. A N N 1 N G 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 E714.505.6361 April 26, 2013 Armando Fernandez City of Santa Ana Public Works Agency Corporate Yard, M -85 220 S. Daisy Avenue Santa Ana, CA 92702 IN 788 -004C Transmitted Via U.S. Postal Service RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE WALNUT PUMP STATION LOCATED WITHIN THE CITY OF SANTA ANA Dear Fernando: T &B Planning, Inc. is pleased to submit this proposal to provide professional CEQA consulting services for the proposed Walnut Pump Station Building Upgrade project. The project consists of the replacement of an existing pump station building with a larger building, the construction of a masonry storage building, in addition to other site improvements, and is located at 723 West Walnut Street in the City of Santa Ana. The enclosed proposal provides a work program and not -to- exceed budget for the preparation and processing of a Mitigated Negative Declaration (MND) in support of the proposed project. T &B Planning has been in business since 1974 and has proudly served many private and public sector clients over our 39 -year history. We have extensive experience in project management and coordination, and are particularly skilled in preparing CEQA documents that are comprehensive and legally defensible. The enclosed proposal consists of the following exhibits, which concisely set forth our qualifications and professional methodology for completing services in a timely and efficient manner. • SCOPE OF WORK — EXHIBITA • HOURLYRATESAND BILLING POLICY— EXHIBITC • PROJECT BUDGET — EXHIBIT B • AUTHORIZATION FORM —EXHIBIT D Thank you for your time and careful consideration. We look forward to working with you and other City representatives. If any additional information is required or if you have any questions about our proposal, please contact Senior Project Manager Jeramey Harding at (760) 452 -2300, or via email at jharding @tbpplanning.com. Sincerely, T &B Planning, Inc. Zm IC Vice President www.tbpianniiig.com PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS Revised 2011 -07 -21 CEQA Consulting Services — Walnut Pump Station Building EXHIBIT A: SCOPE OF WORK l� �J riawrvirvc Provided below is T &B Planning's recommended work program for preparing a MIND in support of the Walnut Pump Station Building Upgrade (hereafter, "the proposed project "). Please note that the Scope of Work described below will likely not be undertaken chronologically as presented, as there may be considerable overlap on the timing of each task. Additionally, all meetings and coordination is included under Task 8, although these efforts will occur throughout the entire scope of work. It should be noted that the following scope of work does not include the preparation of any technical studies. However, it is recommended that the City of Santa Ana consider commissioning a construction -level Air Quality Impact Analysis to support the MND's conclusion that near -term air quality impacts would be less than significant, or reduced to less than significant levels with the incorporation of mitigation measures. Additionally, in the event that project construction would result in any noise - producing activities during nighttime hours (e.g., operation of generators or pumps), then a construction -level noise impact analysis also should be commissioned by the City. This proposal also assumes that the project's engineer will prepare a hydrology study and water quality management plan (WQMP), both of which will be needed in support of the MND's analysis of impacts to hydrology and water quality. TASK 1: RESEARCH, DATA ACQUISITION, AND REVIEW During this task, we will collect and review all applicable information about the proposed project and subject property that is on file at the City of Santa Ana Public Works Agency. We also will consult our in -house GIS database to identify information relevant to the CEQA analysis. Lastly, if GPS- referenced photographs of the property are not supplied to us by the City, our staff will conduct a cursory field visit to document existing site conditions, surrounding development, and other aspects of the site's physical and environmental setting that will need to be described in the CEQA document. The photos will be GPS- referenced and used as the baseline for the CEQA document and the aesthetics evaluation required by CEQA. TASK 2: PREPARE SCREENCHECK DRAFT INITIAL STUDY T &B Planning will prepare a Screencheck Draft Initial Study (IS) using the City of Santa Ana's Initial Study /Environmental Checklist Form (herein, "Initial Study "), based on CEQA Appendix G. The Screencheck Draft Initial Study will include: a brief description of the proposed project and associated approvals (if any); a description of the project's location; an overview of existing site and surrounding conditions /environmental setting; an examination of whether the proposed project would be consistent with existing zoning, plans, and other applicable land use controls; a list of references used in the preparation of the Initial Study; and the names and qualifications of the persons who participated in preparing the Initial Study. The Initial Study also will identify the required CEQA document (which, for purposes of this proposal, is assumed to be a MIND). The Initial Study's Environmental Checklist and Responses to Environmental Checklist will be thoroughly completed as part of this task. Each response will be detailed and every conclusion will be supported by substantial factual evidence. The Responses to Environmental Checklist section will contain pertinent analysis ut Pump Station April 26, 2013 T &B Planning, Inc. Page 1 of 9 CEQA Consulting Services— Walnut Pump Station Building EXHIBIT A: SCOPE OF WORK and determine the significance of impacts to the following environmental resource areas: • Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology /Soils • Greenhouse Gas Emissions • Hazards and Hazardous Material • Hydrology /Water Quality • Land Use /Planning �L P LA NN I n • Mineral Resources • Noise • Population /Housing • Public Services • Recreation • Transportation /Traffic • Utilities /Service Systems, and • Mandatory Findings of Significance Each of the environmental issue areas will be assigned a significance rating of "No Impact," "Less than Significant Impact," or "Less than Significant with Mitigation Incorporated." (Note: if any significance rating is "Potentially Significant Impact," for which feasible mitigation measures do not appear to be available, we will immediately notify the City to determine how to proceed and advise whether or not a MIND remains the appropriate type of CEQA document.) For each issue area, detailed, objective -based analysis will be provided within the Responses to Environmental Checklist section to provide substantive evidence for the conclusion drawn. References will be cited and relied upon as appropriate. Mitigation measures will be identified for any impacts determined to be potentially significant. TASK 3: PREPARE DRAFT INITIAL STUDY Following City review of the Screencheck Draft Initial Study, T &B Planning will revise the document to respond to any comments or questions received from City staff and /or the City's legal counsel. The budget allocated to this task assumes that comments resulting from the City's review will be moderate to minor in nature and will not necessitate substantial revisions to the proposed project. TASK 4: PREPARE MITIGATION MONITORING AND REPORTING PROGRAM T &B Planning will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law and City of Santa Ana requirements to ensure the implementation of mitigation measures following project approval. The MMRP will be provided as part of the Draft Initial Study (Task 3). This proposal includes one round of revisions to the MMRP in strikeout /underline format based on comments provided by City staff, and further assumes that any comments provided by the City will be for the most part minor in nature. TASK 5: PREPARE FINAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION After the second round of review, the City will either deem the Initial Study adequate or request additional revisions. We assume that the Initial Study will be found adequate or require only very minor changes at this point in the process. However, if any substantive issues remain, T &B Planning will arrange a meeting with City staff to discuss the comments and recommend appropriate ways to address remaining concerns. This scope of work assumes that the Initial Study will conclude that a MND is the appropriate type of CEQA Walnut Pump Station April 26, 2013 T &B Planning, Inc. Page 2 of 9 CEQA Consulting Services — Walnut Pump Station Building EXHIBIT A: SCOPE OF WORK .f� vi.n xrvinc document. The substance of the MND will be the Initial Study, accompanied by additional documentation that includes a detailed description of the proposed project and discusses: 1) the requirements of CEQA; 2) the primary purpose of a MND; 3) the standards for adequacy for a MIND pursuant to the State CEQA Guidelines; 4) the format and, content of the MND; and 5) the City's processing requirements to consider the proposed project and MND for approval. T &B Planning will submit the draft MIND to the City for review and approval. The budget for this task assumes a single round of revisions to the MIND to incorporate a modest to minor set of comments from the City and /or its legal counsel. The need for extensive revisions is not anticipated or budgeted for in this proposal. Upon receiving the City's authorization to finalize the Initial Study and MND (IS /MND), T &B Planning will prepare and print one (1) "photo ready' set of originals of the Initial Study and MND one (1) CD of the MND and any associated technical reports. For purposes of this proposal, it is assumed that the City of Santa Ana will be responsible for producing all hard copies and /or CDs of the IS /MND document that will be distributed for public review. TASK 6: CIRCULATE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION T &B Planning will prepare the Notice of Intent (NOI) to Adopt a MIND and the Notice of Completion (NOC) required for the Initial Study and MND's 30 -day public review period. Pursuant to CEQA requirements, the NOI will include a brief description of the project and its location; starting and ending dates of the public review period; date, time, and place of public meetings or hearings to consider the project (if known at the time of notice); address where copies of the IS /MND are available for review; and disclosure if the project site is on any lists enumerated under Section 65962.5 of the Government Code (hazardous waste sites). The NOC form will be obtained from the State Clearinghouse website. One (1) electronic copy each of the NOI and NOC will be provided to the City. T &B Planning will work with City staff to ensure that the NOI, NOC, and IS /MND are properly distributed for public review and meet CEQA distribution procedural requirements. For this project, noticing will need to occur as follows: • The NOI will be mailed to responsible agencies, trustee agencies, and the Orange County Clerk, as well as all organizations and individuals who previously requested notice (CEQA Guidelines Section 15072(a) & (b)); and • The NOI will be publically advertised in at least one of the following ways: 1) publication in a newspaper of general circulation in the area affected by the project; 2) posting of notice on and off - site in an area where the project is to be located; and /or 3) direct mailing to owners and occupants of contiguous property shown on the latest equalized assessment roll (CEQA Guidelines 15072(b)1- 3). This proposal assumes that the City will compile the distribution list and provide mailing labels for the Walnut Pump Station April 26, 2013 T &B Planning, Inc. Page 3 of 8 .1^ CECA Consulting Services — Walnut Pump Station Building' J EXHIBIT A: SCOPE OF WORK w w w c distribution list. T &B Planning will review the list and suggest appropriate modifications, if any. Further, we assume that the City will conduct the mailing of the N01, NOC, and IS /MND. The budget allocated to this task also assumes that the City will conduct any advertisement in local newspapers and /or on- and off -site posting of the NOI. If T &B Planning is requested to conduct the mailing, newspaper advertisements, and /or on- or off -site posting, additional budget will be required. TASK 7: CONSIDERATION OF PUBLIC COMMENT Upon completion of the public review period, T &B Planning will review all comment letters, and evaluate the IS /MND for CEQA adequacy in consideration of the submitted comments. In response to letters of comment, revisions may be necessary to the IS /MND which will be discussed with the City and authorized prior to changes being made to the document. For purposes of this proposal, our budget assumes that only minor changes would be necessary to the document in response to public comment. TASK 8: MEETINGS AND COORDINATION T &B Planning will attend up to three (3) in- person meetings. For purposes of estimating cost, we have assumed that the meetings will have a duration of two (2) hours each. Time attending and traveling to /from in- person meetings will be billed on a Time and Materials basis against the not -to- exceed budget for this task. If less time is required, we will only bill for the time actually spent. Additionally, this task is intended to cover all coordination efforts associated with T &B Planning's work. This includes preparing /updating project schedules and all external coordination including but not limited to communication via phone, e-mail, letter, memo, and /or web -based conferencing with City staff, public agencies, legal counsel, and any technical report preparers (as needed). This task will commence upon authorization of our contract and will continue throughout the duration of the project. All coordination work performed by T &B Planning will be within our proposed not -to- exceed budget and billed on a Time and Materials basis. Because the number of meetings and some of the coordination work will be reactive to City staff requests, the actual number of hours associated with this task may be higher or lower than the estimated budget. If less time is required, we will only bill for the time actually spent. If the budget amount becomes drawn down to less than 5 remaining hours, T &B Planning will notify the City to determine how remaining coordination work can be completed in 5 hours or less. TASK 9: ATTEND PUBLIC HEARING A T &B Planning Senior Project Manager (Jeramey Harding) will attend up to one (1) public hearings before the City of Santa Ana decision - making body. Time preparing for, attending, and traveling to /from the public hearing will be billed on a Time and Materials basis against the not -to- exceed budget for this task. If less time is required, we will only bill for the time actually spent. If preparation time required exceeds three (3) hours or if the public hearing is longer than four (4) hours, the additional time will be billed against Task 8. This proposal assumes that any presentation materials needed in support of the public hearings will be prepared by the City. Walnut Pump Station April 26, 2013 T &B Planning, Inc. Page 4 of 8 CEQA Consulting Services — Walnut Pump Station Building EXHIBIT A: SCOPE OF WORK Presentation materials are not budgeted at this time. TASK 10: PREPARE AND POST NOTICE OF DETERNUNATION .41 L ;'� P IA NN I N After City approval of the Initial Study and MND, T &B Planning will prepare a Notice of Determination (NOD) form pursuant to CEQA Guidelines Section 15075. Once reviewed and approved by City staff, T &B Planning will post the NOD with the County Clerk. Timely filing (within five (5) working days of final decision) of the NOD by the Lead Agency (City of Santa Ana) reduces the statute of limitations on court challenges to the approval under CEQA from 180 days to 30 days. Walnut Pump Station Page 5 of 8 April 26, 2013 T &B Planning, Inc. CEQA Consulting Services — Walnut Pump Station Building EXHIBIT B: PROJECT BUDGET P LA N I N T &B Planning shall provide the services set forth in the Scope of Work pursuant to the following schedule and budget. Notes: 1) The fees for 1 through 7 and Task 10 are not -to- exceed fixed fees based on the accompanying Scope of Work. These fees will not be exceeded unless the City of Santa Ana dictates changes to the Scope of War](. 2) The fees for Tasks 8 and 9 are estimates for budgeting purposes. work shall be performed under this phase on a Time and Materials basis. 3) The above fees do not include out -of- pocket expenses (including, but not limited to, blueprinting, printing, duplicating /copying, reproduction, photography and delivery services) and outside services performed by others for unexpected work. Walnut Pump Station Page 6 of 8 April 26, 2013 T &B Planning, Inc. Task 1: Research, Data Acquisition, and Review Fixed Fee $660.00 Task 2: Prepare Screencheck Draft Initial Study Fixed Fee $7,200.00 Task 3: Prepare Draft Initial Study Fixed Fee $1,525.00 Task 4: Prepare Mitigation Monitoring and Reporting Program Fixed Fee $550.00 Task 5: Prepare Final Initial Study and Mitigated Negative Declaration Fixed Fee $1,490.00 Task 6: Circulate Initial Study and Mitigated Negative Declaration Fixed Fee $880.00 Task 7: Consideration of Public Comment Fixed Fee $440.00 Task 8: Meetings and Coordination Estimated Fee $2,310.00 Task 9: Attend Public Hearing Estimated Fee 1 $770.00 Task 10: Prepare and Post Notice of Determination Fixed Fee 1 $560.00 Notes: 1) The fees for 1 through 7 and Task 10 are not -to- exceed fixed fees based on the accompanying Scope of Work. These fees will not be exceeded unless the City of Santa Ana dictates changes to the Scope of War](. 2) The fees for Tasks 8 and 9 are estimates for budgeting purposes. work shall be performed under this phase on a Time and Materials basis. 3) The above fees do not include out -of- pocket expenses (including, but not limited to, blueprinting, printing, duplicating /copying, reproduction, photography and delivery services) and outside services performed by others for unexpected work. Walnut Pump Station Page 6 of 8 April 26, 2013 T &B Planning, Inc. CEQA Consulting Services — Walnut Pump Station Building EXHIBIT C: HOURLY RATES AND BILLING POLICY �M I inner rvc If at any time during the completion of this project, we are requested to perform services beyond the Scope of Work or if T &B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for such work in accordance with the hourly rates provided below: Principal.............................................................. ............................... $175.00 1Hour Senior Associate ................................................. ............................... $125.00 /Hour Senior Project Manager /Senior Planner /Senior Designer ................. $110.00 1Hour Project Designer .................................................. ............................... $ 95.00 1Hour Project /GIS /Graphics Manager ........................... ............................... $ 85.00 1Hour Project Planner .................................................... ............................... $ 70.00 11-lour Environmental Analyst ........................................ ............................... $ 70.00 /Hour Staff Planner ........................................................ ............................... $ 55.00 1Hour Graphic Artist ....................................................... ............................... $ 55.00 11-lour Assistant Planner ................................................. ............................... $ 40.00 /Hour T &B Planning's hourly rates do not include out -of- pocket expenses (including, but not limited to, blueprinting, duplicating /copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery services). These expenses will be billed at cost plus 15% for administration. Expert testimony and litigation support services will be billed at double the above rates. Unless pre- arranged, all billing statements are due and payable within thirty (30) days of the submittal date. Our normal finance charge of 1 -1/2% per month will be charged on all invoices not paid within thirty (30) days of submittal. T &B Planning's procedure for prioritizing work is strongly influenced by timely payment of invoices"bythe Client. Outside professional services performed by other individuals /firms that are sub - contracted through T &B Planning will be performed only following authorization by you. Billing for any services that are sub - contracted will be billed at our actual cost plus 5% for administrative handling. The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve processing and discretionary approvals by politically influenced agencies and elected officials for which we can provide no guarantee of success. The compensation for T &B Planning, its sub - consultants and vendors is not dependant on agency concurrence or approvals. The Client agrees to limit T &B Planning's design professional liability to the Client and to all construction Contractors and Subcontractors on the project, because of T &B Planning's negligent acts, errors, or omissions, such that the total aggregate liability of T &B Planning's liability shall not exceed $50,000 or T &B Planning's total fee for services rendered on this project, whichever is greater. All work products, including but not limited to correspondence, reports and maps, generated for this project and retained by T &B Planning in its files shall be stored for a period of five years after completion of this project and then discarded, unless T &B Planning is advised in writing by the Client to retain or transfer such files. Walnut Pump Station April 26, 2013 T &B Planning, Inc. Page 7 of 8 CEQA Consulting Services — Walnut Pump Station Building EXHIBIT D: AUTHORIZATION FORM rinwwiwr. The parties hereto and previously identified hereby have agreed upon the terms and provisions set forth within this Proposal, including the Exhibits attached hereto and incorporated herein. The parties further agree that this Proposal constitutes a legal Agreement solely between T &B Planning, Inc. and CITY of SANTA ANA executed as of this 26th of April 2013. T &B Planning, Inc. [hereafter "T &B Planning "] and CITY of SANTA ANA agree that CITY of SANTA ANA may request that T &B Planning cease or suspend work on the project at any time. In that event, T &B Planning shall prepare and submit an invoice for work completed as of the date T &B Planning was notified to cease or suspend work. CITY of SANTA ANA agrees to compensate T &B Planning for work performed under this Agreement through the date work was ceased or suspended. 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: Tracy Zin Its: Vice President Dated: April 26, 2013 ut Pump Stahon Page 8 of 8 CITY OF SANTA ANA J2 Its: Dated: April 26, 2013 T &B Planning, Inc. ACORN TM CERTIFICATE OF LIABILITY INSURANCE Date(MM /DD /YR) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 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 Heffernan Insurance Brokers CONTACT Sherry Young NAME' PHONE A /QNo,Ext: 714. 361.7700 I (FAX AIC,No): 714.361.7701 License No. 0564249 6 Hutton Centre Dr., Suite 500 Santa Ana, CA 92707 EMAIL sherryy@heffins.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty Co of Am. 25674 T & B Planning INSURER B: Travelers Indemnity Cc of Connecticut 25682 17542 E. 17" St., Suite 100 INSURER C: Continental Casualty Co, 20443 INSURER D: Tustin, CA 92780 INSURER E: INSURER F: 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 CONTRACTOR OTHER DOCUMENT W ITH RESPECT TO W HICH 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. INBR LTR TYPE OF INSURANCE ADOL INSR SUBIR WVD POLICY NUMBER POLICVEFF MMIDDIYYVY POLICY EXP MMIDDIVYYY LIMITS GENERAL L LIABILITY EACH OCCURRENCE $2,000,000 A B X COMMERCIAL GENERAL LIABILITY � CLAIMS -MADE XI OCCUR x 680708OP051TIL13 680708OP536TCT13 02/01/13 02/01/13 02/01/14 02/01/14 DAMAGE TO RENTED PREMISES (Ea occurrence) $1000,000 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- COMPIOP AGO $4,000,000 POLICY X PROJECT LOO $ A AUTOMOBILE LABILTY 68070SOP051TIL13 02/01/13 02101/14 COMBINED SINGLE LIMIT Be accident) $monn cL BODILY INJURY (Per person) $ B ANYAUTO 680708OP536TCT13 02/01/13 02/01/14 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY Per acciaccident) $ X PROPERTY DAMAGE (Per awlldent) $ 5 X UMBRELLA ILIAD X OCCUR CUP708OP6161347 02/01/13 02/01/14 EACH OCCURRENCE $2,000,000 A EXCESS LIAB CLFlI MS -MADE AGGREGATE $2,000,000 DED X RETENTION s0 $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY VIN X WC STAT0. OTH- TORY L MITS ER E,L. EACH ACCIDENT $1,000,000 A ANYPROPRIETOR /PARTNER/EXECUTIVE/ OFFICEWMEMBER EXCLUDED? � XJUB3393T34413 02/01/13 02/01/14 E. L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In N.H.) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability MCH288294144 09/20/12 09/20/13 r Claim Aggregate $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Xio ch ACORD 101, Additional Remarks Schedule, If more space Is required) Projects as on file with the insured including but not limited to Walnut Pump Station Building Upgrade, City of Santa Ana. City of Santa Ana, It's officers, employees, agents, volunteers and representatives are named as additional insured mid rimary /non - contributory clause applies as respects the general liability policy -see attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CI Of Santa Aria Ty EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Agency Corporate Yard M-85 220 S. Daisy Avenue AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 /ff � ACORD 25 (201111 ©1- 8.2010 ACORD CORPORATION. All rights reserved. APPROVED A AS ' ' 6hhee ACCORD name and logo are registered marks of ACORD L�auu� ti Sheedy Assistant ity Attornewl E injury" or "property damage' occurs, or the "personal injury" offense is committed. 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. aD DATE IMMiDD✓YYYY) CERTIFICATE OF LIABILITY INSURANCE 912912414 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE, DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in, Reu of such endorsement(s). PRODUCER CONTACT Risk Strate IeS Company NAME: Risk Strategies Company 2040 Main Street, Suite 450 PHONE FAX Irvine, CA 92614 � C. o. Exo: 949-242-9240 _ A/C No _ - __. www.risk-s,trategies.com INSURED ..... _... T & B Planning, Inc. 17542 E. 17th Street, Suite 100 Tustin CA '92780 CA DOI License No. OF06675 :ORDING COVERAGE INDICATED. NOTWITHSTANDING ANY REQUIREMENT„ TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS NAIL # Casualty Co. of America INSR .. .... ...... .................... f515i14.. S1fB11 ....__�— POLICY EFF 060"CY EDCP LIMIT'S LTR. TYPE OF INSURANCE POLICY NUMBER MMIDDN MMIDDMYYY 25674 y Co. ofConnecticuk 25692 I Benefit Ins CD 2/1/2015 EACH OCCURRENCE 41840 r nVFrUAnFC r.FRTIFIr:ATF NIIMRFR'• 91-77r1 AA REVISION NUMBER* THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT„ TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE; AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR .. .... ...... .................... f515i14.. S1fB11 ....__�— POLICY EFF 060"CY EDCP LIMIT'S LTR. TYPE OF INSURANCE POLICY NUMBER MMIDDN MMIDDMYYY A „/' COMMERCIAL GENERAL LIABILITY w/ 680708OP051 2/1/2014 2/1/2015 EACH OCCURRENCE $ $2,000.,000 _ —- B CLAIMS -MADE Ell 6801E176797 2/1/201'4 2/1/2015 DAMAGE To RENTED PRERv11SE5„ QEa occurrence} _ 1,000,0_00 $ $_ _ MED EXP (Any one person) $ $10,000 PERSONAL.. & ADV INJURY $ $2,000,000 GEN L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE -� $4,000 0014 i� ( .. PRO- POLICY I ✓ f JECT LOC _ PRODUCTS - COMPJOP AGG ...,....,._. .,_.— . $ $4,000,000 • _...... ....I OTHER: $ C AUTOMOSILELIABILITY AW3A21249700... 2/1/2014 2/1!2015 COMBINED 'SINGLELIMiT _(Ea accident). $... - -__ $1,000,040 - ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS ........._ NON -OWNED PROPERTY DAMAGE -.... $ - ✓ HIRED AUTOS .✓ AUTOS APer accident} .. ,._....._ _ ....._._... —. —.._ A ✓ UMBRELLA LIAR ✓ OCCUR CUP1 E10983A 2/1/2014 2/112015 EACH OCCURRENCE $ $2,000,000 AGGREGATE $ $2,000,000 _ ... ........... EXCESS LIAB CLAIMS -MADE DED V,RETENTION$..a $ A WORKER'S COMPENSATION _ UB4212T523 2/1/2014 2/112015 d sTEATUTE OTH- AND EMPLOYERS" LIABILITY YIN - __ .. -...- ...._._.- ANY PROPRiETCRIPARTNERIEXECUTIVE E.L EACH AOCIbENT $ $1,000,000 ,., ..-...,., OFFICERIMEMBER EXCLUDED? (Mandatory lnNH) NIA _.... _. __,._... _ E.L. DISEASE EA EMPLOYE. $ $1,000,000 _ ... __- If yes, describe under DESCRIPTION OF OPERATION'S below E.L. DISEASE - POLICY LIMIT $ $1,000,000 D Professional Uability MCH288294144 9/20/2014 912012015 Per Claim: $1,000,000 I Aggregate: $2 „000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace 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 the generai liability policy -see attached endorsement. (;hK 111-H;A I t HULLItK I ANI r!_LA i 1UPI Cl of Santa Ana Public Works Agency Corporate Yard, M -84 220 S. Daisy Ave. Santa Ana CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael Christian U 1988 -20,14 AGUKU GUKPUKAI IVN, AI ',I rignts reservecl, ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD C;ERT NO.: 71775144 Sherry Yav g 909/2014 939:18. AM. IPbf'I Page 1. of 3, Insured: T & B Planning, Inc. Policy No.:6807080P051 6801E176797 COMMERCIAL GENERAL LIABILITY Effective Date: 2/11/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) u This endorsement modifies insurance provided under the following: r'mm, L—D lz- Rr,."> COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (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 performance of your ongoing operations; lb. 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. G. 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 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 add'itional', 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 CG D3 81 09 07 9) 2007 The Travelers Companies, Inc. Page I of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CERT NO- ?1775144 Sherry Young 9/29/2014 9:39:.18 AM (PDT) Page 2 of 3 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 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 inciude 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, CERT NO.: 21775244 Sherry Y—q 9/24/2014 9:39:18 AM (PDT) Page 3 of 3 ,mac " CERTIFICATE OF LIABILITY INSURANCE DATE {MMIDWY'YYY) 9/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS (CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE, A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 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 may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Risk sS7. trace Company CONTACT NAME: _... _.. ._ Company 2040 Main tereS et, Suite 450 PHONE PAX Irvine, CA 92614 l #/G.. N ExtH 949-242-9240 _.._ m (Arc, NeL F -MAII www.risk-strategies.com INSURED T & B Punning, Inc. 17542 E. 17th Street, Suite 100 Tustin CA 92780 CA DOI License No. OF06675 INSURER(SI AFFORDING COVERAGE NA IC it INSURER A: 'Travelers Property Casualty Co. of America 25674 _ INSURER B : Travelers Indemnity Co. of Connecticut 25682 INSURER C: Allmerica Financial Benefit Ins Co 41840 INSURER D: Continental Casualty Gampany. -- 20443 INSURER E : — . -. (COVERAGES CFRTIFIf:ATF NIIMRFR- 01-17r4An PRI/l CInIld Mil ILIIVUIPD� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - ...... .__...... AD, L SUBR _. .. ........ ....._ .. ...- P4LICY EFF __.. POLICY E .....- ._ -.... _ _......_ -._ ..........._..--- LTR TYPE OF INSURANCE POLICY NUMBER MMIDD MMfDDfYY XP LIMITS A Y,r COMMERC @AL GENERAL LIABILITY 680708OP051 21112014 2/1/2015 EACH OCCURRENCE $ $2,000,000 B CLAIMS -MADE / OCCUR 6801E176797 21112014 211/2015 D f ACi7 _T()R9NTEO _ $1,000,000 PREMISES Ea occurrence) $ i MED EXP Q ny one person) $ $10,000 PERSONAL & ADV INJURY $ $2,000,000 I GEN L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $4,000,000 ,. PRO- POLICY ✓ 'EC ..,, LOC ._........ _ ..,..._. PRODUCTS - GOMP(OP AGG $ $4,000,000 OTHER: $ C AUTOMOBILE _- LIABILITY AW3A21249700 2/1/2014 2/112015 COMBINED S #NGLE LIMIT (Ea accident)— $ $1,000 „000 , - .. .._..... ✓ ANY AUTO BODILY INJURY (Per person) - $ .. ALL AUTOS OWNED SCHEDULED ..�.... ) BODILY INJURY (Per accident .....f -___ ,,...._,_........_. -- $ NON -OWNED HIRED AUTOS ✓ AUTOS Pea DAMAGE _.... $ A I ✓ _... UMBRELLA LiAB ,/' OCCUR CUP1 E10983A ��. 2/1/2014 2/112015 EACH OCCURRENCE $ $2,000,000 EXCESS LIAB CLAIMS - MADE'. AGGREGATE $ „_...- $2,000,000 DED +/ RETENTI,N$O $ A WORKERS COMPENSATION UB4212T523 2/1/2014 211/2015 d srnTJTE OTH AND EMPLOYERS' LIABILITY YIN ..$ .� . ANY PROPRIETORJPARTNERIEXECUTIVE E.L. EACH ACCIDENT — $1,000,000 EXCLUDED? ❑ NIA - E.L. DISEASE- EA EMPLOYE.'...$ -. -. ......_ $1,000,000 FFICEIoMEnMSER (Mandatory ) If es, describe under .. ..... .... .........._ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ $1,000,000 L7 PTOfessio al Liability MCH288294144 9120/2014 9120/2015 Per Claim: $1,000,000 Aggregate: $2,000,000 DESCRIPTION Of OPERATIONS t LOCATIONS i VEHICLES (ACORD 101, Additional. Remarks Schedule, may he attached 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 IVIND. City of Santa Ana is named as additional insured on the general liability policy -see attached endorsement. k,rK.I li °It RilC MULL Fr_K k;AN(;hLLAIIUN I City of Santa Ana Public Works Agency Corporate Yard, M-84 220 S. Daisy Ave. Santa Ana CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE , Michael Christian 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERT NO,: 217151.44 Sherry Young 9/2912014 9:39:,7.9 trhl (PDT) Page 1 of 3 Insured: T & B Planning, Inc. Policy No.: 680708OP051 6801E176797 Effective Date: 2/1/2014 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) --6 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART tZ p A. The following is added to WHO IS AN INSURED (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 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 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. CERT No.: 2177514� Sherry Young 9f29/2014 9:39:i8 Am (pn,T) Page 2 of 3 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 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 or 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CERT NO 2 17'751 44 Sherry Y—g 912912014 9:39:18 AM (PC)Tj P.g. 3 of 3