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Home My WebLink AboutT & B PLANNING, INC. 6 - 2014r A-2014-225 CONSULTANT AGREEMENT FOR ENVIRONMENTAL SERVICES WITH T&B PLANNING, INC. THIS CONSULTANT AGREEMENT made and entered into this 16th day of September, 2014 by and between T&B Planning, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental review documentation and processing 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 finn 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 perform environmental seivices in compliance with CEQA for the completion of the Walnut Pump Station Building Upgrade Project, as set forth in Consultant's Proposal to Provide CEQA Consulting Services for the Walnut Pump Station dated April 26, 2013, attached hereto as Exhibit A and incorporated herein by this reference, 2. DELIVERY OF WORD PRODUCT Consultant shall deliver to City all work product that results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whother 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-frec, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A attached hereto and incorporated herein. The total sum to be expended for these services shall not exceed $17,000.00 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. 4. TERM This Agreement shall commence on September 16, 2014, and terminate on September 1, 2015, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Tenn of this Agreement for up to one-year, on the same terms and conditions set forth herein. At the end of the full Term hereof, the Agreement may be extended to expend any remaining funds to complete ongoing projects, by a writing executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant 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 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 2 amount of $1,000,000 per occurrence, and in the aggregate. 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 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 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. 7. INDEMNIFICATI®N To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related 3 (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Consultant's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. S. 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 farther 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Coimcil City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 4 Santa Ana, CA 92702-1988 Facsimile: 714-647-6956 Copies to: Public Works Agency — Construction Engineering City of Santa Ana 20 Civic Center Plaza (M-22) Santa Ana, California 92702 Facsimile: 714-647-5058 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 Inc, 17542 East 17`1 Street, Suite 100, Tustin, California 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. 11. EXCILUSIVITY 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions; a, As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the ,standard of performance specified in the Recitals of this Agreement, 14. 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, tennination or other employment related activities, Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -"VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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 tams 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 fust above written. ATTEST: MARIA D HUIZAR Clerk of the Council APPROVED AS TO FORM: RECOMMENDED R APPROVAL; EDWIN "WILLIAIM76ALVEZ, P.E. Interim, Executive Director - PWA CITY OF SANTA ANA DAVID CAV City Manager CONSULTANT: T&S Planning, Inc. Tracy Zinn, AI P Vice President EXHIBIT A Id 9 7 TLtscjn, CA I San Diego, CA I Murrysville, PA 1N 788-004C PLANNING 17542 Ene[ 17th Steeat, Suite 100 Tuatin, CA 92780 1,714.505,6360 1`714.505.6361 Transmitted Via U.S. Postal Service April 26, 2013 Armando Fernandez City of Santa Ana Public Works Agency Corporate Yard, M-85 220 S. Daisy Avenue Santa Ana, CA 92702 RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE WALNUT PUMP STATION LOCATED WITHIN THE CITY OF SANTA ANA Dear Fernando: TO Planning, Inc, is pleased to submit this proposal to provide professional CECIA 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 * HOURLY RATES AND BILLING POLICY— EXHIBITC • PROJECTBUDGET— EXHIBITB • AUTHORIZATION FORM — EXHIBITD 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. q0A cyZin IC Vice President www.tbplanning.com PLANNING I DESIGN I ENVIRONMENTrtL I GRAPHICS Revisedame�0p21 CEQA Consulting Services — Walnut Pump Station Building EXHIBIT A: SCOPE OF WORK Provided below Is T&B Planning's recommended work program for preparing a MND 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 oceurthroughout 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 I: 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 SCREENC.IIECK 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 MND). 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 Walnut Pump Station April 26, 2013 T&B Planning, Inc. Page 1 of 9 CEQA Consulting Servlces — 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 • 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 MND 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 PROG:RAM', 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 Page 2 of 9 26, T&B Planning, Inc. CEQA Consulting Services —Walnut Pump Station Building EXHIBIT A: SCOPE OF WORK 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 MND 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 MND to the City for review and approval. The budget for this task assumes a single round of revisions to the MND 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, TASI{ 6: CIRCULATE INITIAL STUDY AND MITIGATED NEGATI'.'VE DECLA'RATI'ON T&B Planning will prepare the Notice of Intent (N01) to Adopt a MND and the Notice of Completion (NOC) required for the Initial Study and MND's 30 -day public review period, Pursuant to CEOA, requirements, the N01 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 N01, 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 N01 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 N01 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 CEQA Consulting Services —Walnut Pump Station Building EXHIBIT A: SCOPE OF WORK FIANNING 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 necessaryto 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 lowerthan 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 70: PREPARE AND POST NOTICE OF DETERMINATION After City approval of the Initial Study and MND, T&B Planning will prepare a Notice of Determination (NOD) form pursuant to CEOA Guidelines Section 15075. Once reviewed and approved by City staff, T&B Planning will post the NOD with the County Clerk, Timely filling (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. Pump Page 5 of 8 im 26, 2013 iin8, Inc. CECtA Consulting Services — Walnut Pump Station Building EXHIBIT B: PROJECT BUDGET T&B Planning shall provide the services set forth in the Scope of Work pursuant to the following schedule and budget. Descriptio 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 $77000 Task 10: Prepare and Post Notice of Determination Fixed Fee $560,00 BUDGET:TOTAL PROJECT �t 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 exceeder unless the City of Santa Ana dictates changes to the Scope of Work. 2) The fees for Tasks 8 and 9 are estimates for budgeting purposes. Work shall be performed underthis phase on a Time and Matedais 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, nut Pump Station Mpfu LO, FVLJ T&B Planning, Inc. Page 6 of 8 CECIA Consulting Services — Walnut Pump Station Building EXHIBIT C: HOURLY RATES AND BILLING POLICY 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/Maur Senior Associate................................................................................ $125.00/1 -lour Senior Project Manager/Senior Planner/Senior Designer ................. $110.00/Hour Project Designer................................................................................. $ 95.00/Hour Project/GIS/Graphics Manager... ....................................................... $ 85.00/Hour Project Planner .................................................... $70.00/Hour Environmental Analyst....................................................................... $ 70.00/Hour StaffPlanner....................................................................................... $ 55.00/Hour Graphic Artist...................................................................................... $ 55.00/Hour 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 by the 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 bythe Client to retain or transfer such files. Pump Station April 26, 2013 T&B Planning, Inc. Page 7 of 8 CEQA Consulting Services— Walnut Pump Station Building EXHIBIT D: AUTHORIZATION FORM 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 Pump Station Page 8 of 8 CITY OF SANTA ANA By: Its: Dated: April 26, 2013 T&B Planning;, Inc. AC4 RL> CERTIFICATE LIABILITY INSURANCE DATE E (M/2015YYY) 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 Strate les Com an CONTACT g P Y n NAME: _ Risk Strategies Compay_ _ 2040 Main Street, Suite 450PHONE - 949-242-9240 aiX No Irvine, CA 92614 1 E.MAn_ _-- www. risk -strategies. com INSURED T & B Planning, Inc. 17542 E. 17th Street, Suite 100 Tustin CA 92780 CA DOI License No. OF06675 COVERAGES CERTIFICATE NtIMRFR- ')ggrlqRA RFVICInN NIIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD _ INSURER(S) AFFORDING COVERAGE INSURER A: Citizens Insurance Co. of America INSURER B: Allmerica Financial Benefit Ins Co INSURER C : Hanover American Insurance Co. INSURER D: Continental Casualty Company INSURER E LIMITS INSURER F ✓ COMMERCIALGENERALLIABILITY CLAIMS-MADEDAMAGE ✓ OCCUR COVERAGES CERTIFICATE NtIMRFR- ')ggrlqRA RFVICInN NIIMRFR• 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. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MOLDDYYY FOLIC YYYY LIMITS A ✓ COMMERCIALGENERALLIABILITY CLAIMS-MADEDAMAGE ✓ OCCUR ✓ OB3A54679200 2/1/2015 2/1/2016 EACH OCCURRENCE $ $2,000,000 TO RENTED PREMISES Ea occurrence $ _$1,000,000 MED EXP (Any one person) $ ^� $10,000 PERSONAL & ADV INJURY $ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PO - POLICY 1 JEC F—]LOC GENERAL AGGREGATE $ $4,000,000 PRODUCTS - COMP/OPAGG $ $4,000,000 $ OTHER: B AUTOMOBILE LIABILITY AW3A21249701 2/1/2015 2/1/2016 EO aBINEDtSINGLE LIMIT $ $1,000,000 BODILY INJURY (Per person) $ o/ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ✓ NON -OWNED HIRED AUTOS y/ AUTOS PROPERTY DAMAGE Per accident $ A `/ UMBRELLA LAB �/ OCCUR OB3A54679200 2/1/2015 2/1/2016 EACH OCCURRENCE $ $2,000,000 AGGREGATE $� $2,000,000 EXCESS LIAR CLAIMS -MADE DED I ✓ I RETENTION $0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNEFUEXECUTIVE j—j OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N f A WZ3A54682100 2/1/2015 2/1/2016�/ STATUTE OERH E.L. EACH ACCIDENT $ $1,000,000 E.L. DISEASE - EA EMPLOYE $ $1,000,000 E.L. DISEASE - POLICY LIMIT I $ $1,000,000 D Professional Liability MCH288294144 9/20/2014 9/20/2015 Per Claim: $1,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 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, T&B Project No. 788-004. City of Santa Ana, It's officers, employees, agents, volunteers and representatives are named as additional insureds and primary/non-contributory clause applies to the general liability policy -see attached endorsement. T&B PLANNING A-2014-225 REVIEWED BY" ° EUNICE FIE'RECIA (PG. 1 of 4) CERTIFICATE HOLDER CANCELLATION City of WAMW "Wal ••• . 1111=11101 1 . �:. -M - AUTHORIZED REPRESENTATIVE jr'�''.r ..,.�- tom.-.✓._-"f��.�Y'%�•�`,..f /�,... �. Michael Christian @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CMRT NO.: 23361364 Sherry Young2/5/201.5 2:12:41 PM (PST) Page 7. c.f 4 T&B PLANNING A-2014-225 REVIEWED BY� EUNICE HEREDIA (PG, 2 of 4) Non This endorsement modifies insurance provided under the following: BUB|NESSOVVNERSCOVERAGE FORM i Additional Insured by Contract, Agreement o, Permit Under SECTION || — LIABILITY, C. Who Is An Insured, Paragraph 4.iaadded asfollows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement orpermit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury". "property damage" or "personal and advertising injury" oaus*d, in whole or in part, by: (1) Your acts oromissions; or (2) The acts momissions of those acting on your behalf, but only with respect to: (3) ~Your work" for the additional insured(s) at the location designated in the nontrao, agreement orpermit; or p0 Premises you own. non1. |oeno, control or oncupy� This insurance applies on a primary basis if the inrequired bythe written contract, agreement or permit. h. This provision does not apply: (1) Un|*oo the written contract or written agreement has been executed orpermit has been issued prior to the "bodily injury". ^pmp*rty damage" or ^pemmnm| and advertising injury"; C8 To any person or organization included as on insured by an endorsement issued by us and made part ofthis Policy; (3) Tnany lessor ofequipment: (a) After the equipment lease expires; or (b) If the "bodily injury^."property damage" or ^p*nmno| and advertising injury" arises out of the sole negligence of the HQ To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for that land expires; or (b) Managers orlessors nfpremises if: (i) The occurrence taken place after you cease to be e tenant in that premises; or UV The "bodily injury", "property damage" or "personal and advertising injury" ehsmo out of structural a|kanadons, new construction or demolition operations podonn*d by or on behalf ofthe manager orlessor; or (5) To "bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This includes but ienot limited toany professional services as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any inounod'» behalf provides or provided servio*, advioo, expertise or work. Construction ino|ud*n, but is not limited to, the p|an, oonnepUon, d*oign, bui|d, oonstmo, eosmnb|y, development, safety, *roct|on, formadon, moonotruot, mhabi|itation, pepair, or any improvement made to real property. Construction also includes the hihng, supervision or management of any of these activities. However, this exclusion does not apply to liability arising out of an innumd'o presence at e joboita that was not caused by professional activities listed in the above paragraph. o. Additional insured coverage provided by this provision will not be broader than coverage provided 10any other insured. d. All other insuring agmoments, exo|usions, and conditions ofthe policy apply. U. Additional Insured by Contract, Agreement or Permit — Primary and Non-contributory The following badded 0oSECTION III —COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds If you agree in a written unntrao, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION A - LIABILITY, Part C — Who is An |nsonad, in primary and non-contributory, the following applies: 38145800211 Includes copyrighted material oxInsurance Services Offices, |no,with its permission cEISzxn.23361364 Sherry Young *5/2"1.5 z.u.^z ," (PST) ,ag(n 2 of 4 T&B PLANNING A-2014-225 REVIEWED BY, EUNICE HEREDIA (PG, 3 Of 4) If other valid and collectible insurance is When this insurance is excees, we will have available to the Additional Insured for a loan no duty under SECTION U — LIABILITY, we cover under SECTION U — LIABILITY, Part A. CoveraBme, 1. Business Liability to Part A.Coverages, Paragraph 1,Business defend the insured against any ''euit" if any Liability our obligations are limited as other insurer has a duty to defend the follows: insured against that ''ouit".|fnoother insurer a. Primary Insurance defenda, we will undertake N do on, but we will beentitled Nthe inauped's rights against This insurance is primary to other all those other insurers. insurance that is available to the Additional Insured which covers the When this insurance is oxo*oa over other Additional Insured anaNamed Insured. inaumnco, we will pay only our share of the amount ofthe |oee, if any, that exceeds the We will not 000k contribution from any sum of: other insurance available to the Additional Insured except: (1) The total amount that all such other insurance would pay for the loss in the (1) For the sole negligence of the absence and Additional Insured; When the Additional Insured is �n (2) The total of all deductible and self - Additional AddiUona| Insured under another insured amounts under all that other ph insurance. . (3) When b.(2)below applies. VVewill share the remaining loss, ifany, with any other insurance that is not described in If this insurance is phmary, our this Ex000a Insurance provision and was not obligations are not affected un|*oo bought specifically to apply in excess of the any of the other insurance is also Limits of Insurance shown in the primary. Then, wowill share with all Declarations nfthis Coverage Part. that other insurance by the method described in b.(3) below. o. Method Of Sharing b. Exuesm|nawranca If all of the other insurance permits contribution by equal nharea, we will follow this method also. This insurance ioexcess over: Under this approach each insurer contributes (1) Any ofthe other ineurance, whether equal amounts until it has paid its applicable limit phmary, exoone, contingent or on of insurance or none of the loss nemains, any other basis: whichever comes first. <m> That is Fire. Extended If any of the other insurance does not permit Coverage, Builder's Riok, contribution by equal shares, we will contribute Installation Risk or similar bylimits. Under this method, each insurer's share coverage for "your mmrk''; is based on the oHiu of its applicable limit of (b) That in Fire insurance for insurance to the total applicable limits of premises rented to the insumnoonfmUinsurers. Additional Insured or Ill. Aggregate Limit nfInsurance (Per Project) temporarily occupied by the Additional Insured with For purposes of the coverage provided by this ponnis�ionoftheownar endorsement, endorsement, D. Liability and Medical ; Expenses Limits of Insurance under Section U (o) That iainsurance purchased hy —Liabi|ityiaomendodbyaddingthofoUmming: the Additional Insured 1ocover The General Aggregate Limit under D. Liability the Additional |nsuned'a liability Medical Expenses Limits of Insurance as u tenant for "property epp|ioa separately to each of "your projects" or dameUe" to premises rented to each location listed inthe Declarations. the Additional Insured or \omponoh|y occupied by the lb� For purposes of the coverage provided by this Additional Insured with onunm*men\ F� Liability And Medical permission ofthe owner; nr Expenses Definitions under Section U - Liability ioamended byadding the following: (d) If the loss arises out of the maintenance oruse ofaircraft, a. "Your project" means: ^outna" or watercraft to the I. Any premises, site orlocation at, on, or extent not subject to Exclusion in which "your work" is not yet g. of SECTION U —L|AB|LYTY. completed; and Part A. Coverages, 1. Business Liability. ii� Does not include any location listed in the Declarations. 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 3 CERT NO. .o�ouw sh=�y,.." 2/5/20152.12.41ew'rT/ p�g°3"f^ T&B PLANNING A-2014-225 REVIEWED BY� Ztt, N( Blanket Waiver ofSubrogation Paragraph K. Transfer Of Rights Of Recovery Against Others TvUsinSectipnU|—CommmnPdioy Conditions ieamended bythe addition ofthe following: We will waive any right of recovery we may have against any person or organization when you have agreed in a written nontrmoL, permit or agreement to waive any rights of recovery against such person or organization because ofpayments we make for injury or damage arising out ofyour ongoing operations nr"your wmrk" don* under o onn\xect with that person or organization and included in the ''pmducts-nnmp|*t*d operations hazard". BUNICEHEREDLA (PG 4uf4) 391-1586 02 11 Includes copyrighted material ofInsurance Services Offices, |nc..with its permission cER,wo� 23361;64 ue=,"ou" 2/5/201', 2.o.^z m° /oT, �Ye 4 of 4 A►CQRU CERTIFICATE OF LIABILITY INSURANCE F DATsl18/20�YY) 15 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(les) 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). PRODUCERCON 'A. T flsk Strat'G IGS Company NAME: Risk Strategies Com any 2940 Main Street, Suite 450 PHCYNE rC kI 949-242-9240 FAX 9240 Irvine, CA 92614 _._.....- E-MAIL e - .._m.._..... INSURER(Si AFFORDING COVERAGE _NAIC 9 wvvw risk strategies.com CA DOI License No. OF06675 INSURER A: Citizens Insurance Co, of America .� ._._ 31534 INSURED INSURER B : Allmerlca Financial Benefit Ins 'Co-._.... 41840 .�. T & B Planning Inc. 17542 , 17th treet, Suite 1917 INSURER C : Hanover American Insurance Co.... __..._T 36664 Tustin CA 92789 INSURER D: Confinental Casualty Company.__........__..___ 20443 INSURER, E: ''..... INSURER.. F: rf)VrPAr.FC r1=PTIPtr ATF NIIN9Rr-P- ')AA7511'3n RFyusinN Ntimiar-R. 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 W4TH 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. �.-_..... ADDL SUBR POLICY EFF POLICY EX ..m. ---_ INSR TYPE OF INSURANCE. LIMITS LTR POLICY NUMBER MM1DDfYYYY MMfODIYYYY A ".✓ COMMERCIAL GENERAL LIABILITY ✓ ''.083A546792 2/1/2015 21112016 EACH OCCURRENCE S $2,000,000 �� CLAIMS -MADE I V I OCCUR .,[)AP!'iAGE TORN O RENTED PREMIS.ES{Eaoccurrence S $1,000,000 MED EXP (Ary one person) S $10,000 __ .. PERSONALBADV INJURY $ $2,000,000 GFN'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ $4,000,000 POLICY lu, ECT Lac J PRODUCTS-COMP/OPAGG $ $4,000,000 S OTHER: B AUTOMOBILE LIABILITY AW3A212497 2/1/2015 2/1/2016 (O MBINEenDlSINGLE LIMIT � _$1,000,000 INJURY (Per person) S f ANY AUTO ,BODILY BODILY INJURY (Per accident) S _. OWNED SCHEDULED ALL OWAUTOS AUTOS NON -OWNED HIREDAUTOS, AUTOS PROPEFiTYDAMAGE S Per accident A UMBRELLA LIAR OCCUR OB3A546792 2/112015 2/112016 EACH OCCURRENCE S $2,000,000 AGGREGATE S $2,000,000 ._.,.._,._ EXCESS LIAr•S CLAIMS -MADE _µ..mDIED ✓ RETENTIONSO S ....2/1/201.5 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ WZ3A546821 2/1/2016f SJN1TATUT-.-.. E PER I DERH E.L. EACH ACCIDENT S $1,000,000 OFFICERfMEMSER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYEE S $1,00(),00() E.L. DISEASE, - POLICY LIMIT ' $ $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I D Professional Liability MCF128829'4144 9/20/2015 9120/2016 Per Claim: $1,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 141, Additional Remarks Schedule, may be attached if more space Is required) Projects as on file with the insured including but not limited to San Lorenzo Lift Station & San Lorenzo Litt Station MND, T&B Project No. 788 -XXX. City of Santa Ana is named as additional insured on the general liability policy -see attached endorsement. a I ULKIH-IGAIt NULLItK Cit of Santa Ana Public Works Agency Corporate Yard, M-84 229 S. Daisy Ave. Santa Ana CA 92763 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TIRE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE MiChael Christian 0)19'88-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 2647e1z0 1 15-16 GIALUL WC -FL I Sherry Y ... 9 1 9/18/2015 10.IS:44 All, CPDD) I €34. a of 4 POLICY NO..DB3A548792 INSURED: T&8Planning, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT' This endorsement modifieainuonanmeprowdedwnderdle following: BUS|NESSUVVNERSCOVERAGE FORM U. Additional Insured by Contract, Agreement or Permit Under SECTION U — LIABILITY, C. Who Is An Insured, Paragraph 4.ioadded oahzUowa� a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement mrpermit that such person or organization he added as an additional insured on your policy. Such parson or organization is an additional insured only with respect to liability for "bodily injury". "property denomgo^ or "personal and advertising injury" uaused, in whole or in part, by: (1) Your acts mromissions; o, (2) The acts or omissions of those acting on your behalf,, but only with respect to: (3) "Your work" for the additional insured(s) at the iooed|on designated in the contract, agreement orpermit; or (4) Pnamiuom you own, vent. lease, control or occupy. This insurance myp|ioo on u primary basis if that is required by the written contract, agreement or permit. b. This provision does not apply: (1) Um|enm the written contract or written agreement has been executed orpermit has been issued prior to the "bodily injury". .property damage" or "personal and advertising injury"; <2> To any person or included ev an insured byonendorsement issued byum and made part ofthis Policy; (3) Toany lessor mfequipment: (a) After the equipment lease expires; cx (b) If the "bodily injury", "property damage" or "personal and advertising injury" arises out of the sole negligence of the (4) To any: (m) Owners or other interests from whom land has been leased which takes pLeue after the lease for that land expires, ur (b) Managers orlessors ofpremises |t (|) The occurrence takes place after you oomme to be a tenant in that premises; or (ii) The "bodily injury", "property damage" 0 ^personal and advertimiinQ injury" arises out of structural a|terobonm, now construction or demolition operations performed by or on behalf ofthe manager nrlessor; mr (5) To "bodily injury", "property damage" or "pmmmmm| and advertising injury" arising out of the rendering nforthe failure to render any professional services. This includes but ionot limited to any professional services au an mn:hhector engineer aho|mQ out nfany construction agreement or activities under which any insured oranyone acting on any imounad'o behalf provides or provided service, adviwe, expertise or work. Construction inciudeo.but ienot limited to, the p|on, comca[tion, deaign, bui|d, oumatruct, assembly, deve�oPmont aafety, orection, hznnatiun, naconotruct, nehobi|itodon, mpair, or any improvement made to real property. Construction also includes the hiring, suPom|oiun or management of any of these activities. Huwaver, this exclusion does not apply to UabiMty arising out ofam innunad's presence at e jobshe that was not caused by professional activities listed in the above paragraph. c. Additional insured coverage provided by this provision will not be broader than coverage provided toany other insured. d. AN other insuring egneemento, exc|ua|ono, and conditions ofthe policy apply. U. Additional |msmnmd by Cmntmct. Agreement or Permit — Primary and Non-contributory The following is added to SECTION N —COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds M you agree in e written contract, written agreement or permit that the insurance provided to any person or organization included as on Additional Insured under SECTION U ' LIABILITY, Part C —VVho in An Insured, is primary and non-contributory, the following applies� 391-15860211 Includes copyrighted material ofInsurance Services Offices, |mc.'with its penn»s�*n 26478120 | 15'16 GL -x 'oT-° "L | She=vrau" | 9*8/2015 10.3*A4 ^w .PDT) | Page z of � Page 1of 3 If other valid and collectible insurance is When this insurance is excess, we wilt have available 10the Additional Insured form |oao no duty under SECTION N — LIABILITY, we cover under SECTION U| — LIABILITY, Pert A. Cuvanmgos, 1. Business Liability to Part A. CovenuQmo, Paragraph 1., Business defend the insured against any "suit" if any Liability our obligations one limited as other insurer has o duty to defend the foUow& insured against that "auit' If no other insurer a. Primary Insurance defends, we will undertake to dm so, but we vv|U be onddod to the inauned'a rights against This insurance in primary to other all those other �noumana. insurance that is available to the When this insurance is excess over other Additional Insured which covers the Additional Insured aam Named |nnumd inouronoe, we will pay only our share of the amount of the |nno, if any, that exceeds the We will not amok contribution from any sum of: other insurance mvai|mh|a to the (1) The total amount that o0 such other Additiona�|nouedexoep1� insurance would pay for the [oon in the (1) For the mo|a negligence of the absence oftNainsurance; and Additional Insured; ' (2) The total of all deductible and self - (2) When the Additional Insured is an insured amounts under all that other Additional Insured under another primary liability insurance. �} When VVewill share �e�maininQ�ao.�any, wbh ` any other insurance that is not described in If this insurance is phmmry, our this Excess Insurance provision and was not ob|i0oduna are not affected unless bought specifically to apply in smceeo of the any of the other insurance is also Limits of Insurance shown in the primary. Then, wewill share with all Declarations ofthis Coverage Part. that other insurance bythe method deao�bedinb.(qbelow. �. �e�h��2h�rin� h. Enuess|nsumnoe If all ofthe other insurance permitscontribution by equal shorem, we will follow this method also This insurance iaexcess over: Under this approach each insurer contributes (1) Any ofthe other insurance, whether equal amounts until ithas paid its applicable limit phmory, excess, contingent or on of insurance or none of the |oua mmminm, any other basis: whichever comes first. (a) That is Fina. Extended If any of the other insurance does not pmnnh Coverage, Builder's Riak, contribution by equal ahanen, we w|U contribute |nuto||u1iwn Risk or similar by limits. Under this method, each insurer's share coverage for "your mmrk"; is based on the ratio of its applicable limit of (h} That is Fire insurance for insurance to the total applicable Nm�o of premises rented to the insurance ofall insurers. Additional Insured or UU. Aggregate Limit ofInsurance (Per Project) temporarily occupied by the a. For purposes of the coverage provided by this Additional Insured with endorsement D. Liability and Medical permission of the owner; Expenses Limits of Insurance under Section U (c) That |minsurance purchased by —UnbH[tyiamnoendedbyadding the following: the Additional insured tocover The General Aggregate Limit under D. Liability the Additional |naured'a liability and Medical Expenses Limits of Insurance as o tenant for "property app[ies separately to each of "your projects" or damage" to premises rented to each location listed in the Declarations. the Additional Insured or temporarily occupied by the h. For purposes of the coverage provided by this Additional Insured with F. endorsement F Liability And Medical perm�aa|onofthe mwnmror Expenses Definitions under Section N ' � Liability |aamended byadding the following: (d) If the |oam arises out of the maintenance or use of aircraft, a. "Your project" means: ''eutoo^ or watercraft to the ii. Any pmmiaeo, site or location at, on, or extent not subject tw Exclusion in which "your work" is not yet g. of SECTION A — L|AB\L|TY, completed; and Part A. Coverages, 1. U Does not include any location listed in 'the Business Liability. Declarations. J91458802 11 Includes copyrighted material ufInsurance Services Offices, |mc..with its permission 26478120 | 15 16o^aL'vL-11'PL | Sherry Young | *m/ma zo.,,."^ m^ �"m/ | Page , °'^ Page 2 of 3 IV. Blanket Waiver of Subrogation Paragraph K. Transfer Of Rights Of Recovery Against Others 'To Us in Section III — Common Policy Conditions is amended by the addition of the following: We will waive any right of recovery we may have against any person or organization when you have agreed in a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "prod ucts-completed operations hazard". 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 3 of 3 26478120 115-1.6 GL-AL-1JL-WC-PJ, I sherry Young J 9/18/2015 10:35;14 AM tPDTb I Page 4 of 4 Risk Strate les Company 2040 Main Mireet, Suite 450 Irvine, CA 92614 City of Santa Ana Public Works Agency Corporate Yard, M-84 220 S. Daisy Ave. Santa Ana CA 92703 /V�3'0 i-- r S - MAIL OCU ENT Certificate of Inguranu Delivery by ecertsonfirleT11 Sendler- Sherry Young Phone', 949-242-9240 Subject, Cert No. 26478120 - T&B Panning Inc - Renewal Certificate of Insurance Date. 9/18/2015 No of Pages5 URL:: www.risk-strategIes,corn Attached is your renewal certificate of insurance. If you have any questions, please ernail! Sherry Young, at syoung@risk-strategies.com. THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT 15 ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL ANU EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER. OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DR IVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT MY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMEDIATELY BYTELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIIA REGULAR POSTAL SERVICE Certificate of Insurance Delivered by ecertsonline"11 Insurance Visions, Inc, At rights reserved. ACarRa CERTIFICATE OF LIABILITY IN§URANCE la.--^�"� GATE (MMIDD Y I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 9/19/2018 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(les) must have ADDITIONAL INSURED provisions or 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 Stratean les Com Company CONTACT —' NAME Risk Strategies Company_ — – 2040 Main treet, Suite 450 Irvine, CA 92614 PHONE 949-242-9240 FAx (AIC.N�Ex AIc,Nat,_ E-MAIL ADDRESS aye Un risk strategies.com INSURERaS FFOROINGCOVERAGE PAA,AG�6TiENTEG www Ask -strategies com_ _-_ - - CA DOI License No, OF06675 _NAICq INSURER A. Citizens Insurance Co of America 31534 INSURED T & B Planning, Inc. 17542 E. 17th Street, Suite 100 INSURER aAllmerica Financial Benefit Ins Co . 41840 -- -- - INSURER C Hanover American Insurance Co_ -- --- 36064 _ INSURERD: Continental Casualty Company 20443 Tustin CA 92780 INSURER E: _ INSURER F PREMISESF.a occurrencel COVERAGES CERTIFICATE NUMBER: 4411R944 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. IN SR---- _ -- -_-- ---- -ADDL SUBRI- 'I POLICY EFF POLICY EXP--_--- --_-" LTR TYPE OF INSURANCE POLICYNUMBER MMIDDIYWY)I MMIDOIYYYY LIMITS A ✓ COMMERCIAL GENERAL LIABILITY -� OB3A546792 2/1/201$ 2/1/2019 EACHOCCURRENCE $$2000,000 PAA,AG�6TiENTEG ---_ CLAIMSMADE. ✓ j OCCUR PREMISESF.a occurrencel $ $1,000 000 MED EXP (Any one person( I $ 1(O 000 PERSONAL & ADV INJURY $ $2 000 000 GENE AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $$4000000 L.]PE0 F] POLICY LOC PRODUCTS_-COMPIOPAGG_ $$4000000_ OTHER Is B AUTOMOBILE LIABILITY . AVV3A212497 2/1/2018 2/1/2019 COMBINED SINCIE LIMIT $ $1 000 000. ,/ - 1 ANY AUTO OWNED SCHEDULED AUTOS ONLY __ AUTOS _I BODILY INJURY (Per person) BODILY INJURY Per accident ( I $ $ ✓ l HIRED NON -OWNED _ PROPERTYDAMAGE $, i AUTOS ONLY ✓ AUTOS ONLY -_ Per ecdd.ntl - - $ v. A ✓ UMBRELLA LIAR OCCUR OB3A546792 2/1/2018 2/1/2019 EACH OCCURRENCE _✓ E%CESS LIAR CL_A_I M_5_ -MADE AGGREGATE OED I ✓ RETENTION$0 C WORKERS COMPENSATION VVZ3A546821 2/1/2.01$ 2/1/2019 PER STATUTE DTH -ER ✓ AND EMPLOYERS'LIgBILITV YIN E.I. EACH ACCT DENT $$1000.000 311 i-�— ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED' NIA (Mandatory inNH) - E.L DISEASE EA EMPLOYEE - - -- $�� 000000 f yes, tlescrire under DESCRIPTIONOFOPERATIONSbelow E.L DISEASE -POLICY LIMIT $$100 0,000 D Professional Liability MCH288294144 9/20/2018 9/20/2019 Per Claim, $1,000,000 ,.0 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATION$ I VEHICLES (ACORD 101, Additional Remarks Schetlule, may be attached It mora apace is required) Projects as on file with the insured, City of Santa Ana, It's officers, employees, agents, and representatives are named as additional insureds and primarymon-contributory clause applies to the general liability -see attached endorsement. The above policies contain a 30 -day notice provision for non -renewal and cancellation, 10 -day notice for non-payment of premium City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 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 1 Michael Christian © 1988-2015 AC ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 4 411824 4 1 11-l? G1. -AL -01. W1 PL I Shoccv Yom,.l 1 9/19/Lala '.:49.26 PH (I'LiI I Pa3e 1 of 3 reserved. Architects and Engineers The following policy language is from Businessowners General Liability Coverage Part NAMED INSU RED: T & e Planning, Inc. POLICY NUMBER:0133A545792 The following are manc'ctory forms on the policy identified on the Certificate of Insurance: 391-1586 (08-16) BUSINESSOWNERS GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT Additional Insured by Contract, Agreement or Permit A. Section II — Liability, C — Who is an insured is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit but only respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions; or the acts or omissions of those acting on your behalf, but only with respect to: (i) "Your work" for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "property damage" included in the "products - completed operations hazard" only if this Coverage Part provides such coverage; (ii) Premises you own, rent, lease, or occupy; or (iii) Your maintenance, operation or use of equipment leased to you. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily Injury", "property damage", "personal injury" or "advertising injury". (2) To any person or organization Included as an Insured by an endorsement Issued by us and made part of this Coverage Part. (3) To any lessor of equipment (a) After the equipment lease expires; or (b) If the "bodily Injury", "property damage", "personal injury" or "advertising Injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other Interests from whom land has been leased which takes place after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury' or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. Other Insurance Primary & Non -Contributory The following paragraph is added to SECTION III — COMMON POLICY CONDITIONS, H — Other Insurance: Additional Insured — Primary and Non -Contributory. If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II — Liability, C. Who is an Insured is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under SECTION II — LIABILITY of this Coverage Part, our obligations are limited as follows: (1) Primary Insurance: This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; (b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. (2) Excess Insurance: (a) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (iii) 'That is insurance purchased by the Additional Insured to cover the Additional insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION 11 - LIABILITY. B. Exclusions, 1. Applicable to Business Liability Coverage. 44315299 1 18-'19 GL -AL -Ob -WC -W, I She Iyy Young 1 9/1.9/2016 2:49:26 PM (PbC) I Paga 2 of 3 (v) That is insurance available to you for your participation in any past or present "unnamed joint venture". (vi) That is any insurance you may have that provides coverage for your professional services. (b) When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (c) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (i) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (ii) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage part. (3) Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Per Project Aggregate The following changes are made to SECTION II - LIABILITY: 1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4: The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations. 2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Your project" means: a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations. 2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and, b. Separately to each insured against whom claim is made or "suit" is brought. Waiver Of Subrogation The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization where required by written contract. Notice Of Cancellation For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to 90 Days. AUTHORIZED REPRESENTATIVE *From Hanover Forms: 391-1445 (08116); 391-1586 (08116), 391-1003 (08116) No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail. 11318-94 1 10-1b GL -AL -UL W(-- PL z Shclry Young 1 9/I5/2f11H L!IS ,<6 PM IPUTI I Pogo 3 of 3