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HomeMy WebLinkAboutPLACEWORKS, INC - 2018iNSURANCE.ON FII_'F WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK pF'COUNCIL � 94�.� 63 °ATE APR 16 -gig AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES RELATED TO CEQA AND NEPA A-2017-265-24 THIS AGREEMENT is made and entered into this 21 st day of March, 2018 by and between PlaceWorks, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 7, 2017, the City issued Request for Qualification No. 17-043, by which it sought Consultants to provide on -call environmental services for the Planning and Building Agency of the City of Santa Ana. The scope of work may include any and all work efforts related to analysis of a proposed project for compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements services on an as -needed basis. B, Consultant submitted a responsive proposal that was among those selected by the City, Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 17-043 and attached as Exhibit A. C. Consultant has been seleoted as one of the thirty-one (31) vendors which qualified for this engagement. Only those consultants approved by the City Council on October 3, 2017, shall be eligible to be engaged by the City for these services. D. 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 contracting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A, Consultant's proposal is incorporated by reference as though fully set forth herein, When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Page 1 of 11 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation for services provided for development projects is determined upon submission of payment to the City for the full cost of the services from a developer. The Consultant shall perform the services and when the environmental report is completed, the City will pay the consultant for the completed work based upon the costs paid to the City by the developer, minus administrative costs. b. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be expected by City. k This Agreement shall commence on the date first written above and continue until October 2, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 Page 2 of 11 security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary 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 California 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 Page 3 of t t to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. 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 Us Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement, £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the Page 4 of 11 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, 'including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement, All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11, 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; (e) 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. Page 5 of 11 12, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 13. 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 fax 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 Fax: 714- 647-6956 To Consultant: Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax:714-647-5897 PlaceWorks, Inc. Attn: Contracts Manager 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Fax: 714-966-9221 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, 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. Page 6 of 11 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 or 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. 15. 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 sball 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. Page 7 of 11 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. 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 because for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. -- signature page to follow -- Page 8 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Lisa Store Assistant City Attorney L3�ili]uluL�►11aJ»Ci1;�l 7 `Zt�il'!:�_IJ CANDIDA NEAL Interim Executive Director Planning and Building Agency CITY OF SANTA ANA �e 1tAG/ �QD City Manager CONSULTANT Page 9 of I I EXHIBIT A SCOPE OF SERVICES Page 10 of 11 Exhibit A Sc-opt--, of Services PLACEWORKS APPROACH The California Environmental Quality Act (CEQA) is law and consistent statewide for all lead agencies. The same can be said for the National Environmental Policy Act (NEPA) and the environmental process for each federal agency. However, the application of CEQA and NEPA is nuanced by a variety of aspects, including the type of project, geographical area, and lead agency. PlaceWorks understands each project Is unique and has the experience and skills to Identify when projects may be subject to CEQA and/or NEPA. We know the right questions to ask to move towards the right CEQA, NEPA or joint CEQA/NEPA documentation and process. Our first course of action Is always to determine whether any categorical exclusions (NEPA) or categorical exemptions (CEQA) apply to the project, Taking advantage of exclusions and exemptions will help us optimize efficiencies and reduce redundancies while still ensuring legal defensibility for all our documents. If no exclusions or exemptions apply to projects, we will take our next steps In determining whether an Individual or joint CEQA/NEPA document would be required. If a joint document is required, we have the experience to know how to scope our work for technical studies/analyses that will provide the required analysis under both CEQA and NEPA without overkill or redundancies. PlaceWorks has over 37 years of experience preparing CEQA and NEPA documents for various jurisdictions and federal agencies. Environmental analysis Is not simply the accounting of Impacts, but should address serious environmental concerns, including those from local opposition groups, and find opportunities to solve problems while achieving overall project objectives (i.e., schedule, budget and legal defensibility). PlaceWorks' approach to all projects focuses on collaboration. Our CEQA/NEPA practitioners confer with our policy planners and designers and technical specialists to create responsive and site -sensitive plans and environmental documents that satisfy regulatory demands. Whether It's managing public outreach, analyzing environmental Impacts, or crafting practical, cost-effective mitigation, we serve as Integral partners in a host of environmental and planning processes. Overall, our approach to CEQA/NEPA environmental documents combines problem solving, accuracy, and attention to detail. Each project requires unique solutions, Even projects that share common elements benefit from a fresh evaluation. We consider each project objectively and use our experience and Imagination to formulate workable plans and programs. LEGAL DEFENSIBILITY OF ENVIRONMENTAL DOCUMENTATION PlaceWorks has prepared hundreds of CEQA and/or NEPA documents during its many years in business. During this time there have been more than one dozen challenged projects, Including the San Bernardino General Plan EIR, The Block at Orange EIR, and three school projects within and prepared for the Los Angeles Unified School District. All of these projects were confirmed by the Court, with the exception of the Segerstrom Home Ranch EIR (City of Costa Mesa), which was overturned on the basis that the General Plan (not prepared by PlaceWorks) was inadequate. PlaceWorks later prepared the Program/Project EIR, which was again challenged but upheld by the court. SKILLED PROJECT MANAGEMENT Serving as Principal -In -Charge and Project Manager, JoAnn Hadfield will be responsible for individual project oversight, quality control, and CEQA/NEPA defensibility. Our team comprises senior staff with vast experience In specific issues of concern to the City of Santa Ana. The environmental team will be responsible for document preparation, review of technical studies, participation in or facilitation of meetings as needed, and subconsultant management. Our team will also collaborate with our in-house technical team to prepare associated environmental analyses. This team structure allows PlaceWorks to maintain a consistent core of individuals who are directly knowledgeable of the institutional and substantive issues pertinent to the City. SCOPE OF SERVICES PlaceWorks provides comprehensive CEQA/NEPA environmental services, technical studies, and staffing services as listed In Section III — Scope of Services of the RFP, PROPOSAL TO PROVIDE ENVIRONMENTAL AND PLANNING SERVICES I PLACEWORKS 9 A. ENVIRONMENTAL SERVICES The breadth of our environmental consulting services Includes the following; California Environmental Quality Act Documentation Environmental Impact Reports (EIRs) Mitigated Negative Declarations (MNDs) Exemptions Mitigation Monitoring Programs Findings/Resolutions Third -Party CEQA Adequacy Review Litigation Support National Environmental Policy Act Documentation • Environmental Impact Statements(EISs) Environmental Assessments (EAs) • Findings of No Significant Impact (FONSIs) Site Investigation/DTSC Compliance • Phase I and Phase II Environmental Site Assessments • Preliminary Environmental Assessments (PEA) • Remedial Investigation/FeaslbilityStudies (RI/FS) • Environmental Information Management Geologic/Hydrologlc Characterization • Soil, Soil Vapor and Groundwater Sampling & Assessment Remedial Engineering Design • Feasibility Studies • Remedial Action and Removal Action Plans, and Closure Reports • Methane Mitigation Design & Engineering • Remedial Program Design, Implementation & Monitoring CCR Title 5 Risk Assessments Health Risk Assessments (Toxic Air Emissions) • Geohazard Studies • Railroad Risk Studies Pipeline/Water Storage Tank Risk Studies • Dam Inundation Studies • EMF (Electro Magnetic Field) Management Plans SFPD (School Facilities Planning Division) Self - Certification Forms Safe Routes to School B. TECHNICAL STUDIES Technical Analysis Air Quality Assessments and Dispersion Modeling Greenhouse Gas Evaluations Climate Action Plans/Greenhouse Gas Reduction Plans Noise Assessments, Mapping and Monitoring Vibration Assessments • Traffic Studies Hydrology Studies Water Quality Studies Biological Resource Assessments/Permits • Light and Glare Studies • Visual impacts/Simulations Regulatory Compliance and Safety Facility/Site Audits ^ Permits/Approvals Acquisition Hazardous Waste Characterization and Management SWPPPS/WQMPs SPCCPs NPDES Monitoring and Permits Air Permits = CDFW/Corps Permitting • Regulatory Agency Interface and Strategy Support Services • Outdoor Educational Planning Services • Entitlement Processing • General Plan Amendments ^ Zoning Changes • Conditional Use Permits • Master Planning • Feasibility Studies • Site Planning and Design • Grading/Feasibility Studies • Geographic Information System (GIS) Mapping • Demographic Studies and Reports • Surplus Schools • Community Outreach/PublicParticipation Hearing Coordination and Support • Graphics/Media Support • Spanish Interpreters/Translation • CEQAScopingMeetings • DTSC Public Participation Process • Staff Services, On-Call/Temporary Staff Placement Technical services provided by PlaceWorks are listed In 'A. Environmental Services' above, The following provides more detall about our technical services as referenced in Section III, Part B —Technical Studies of the RFP, Air Quality/Greenhouse Gas Emissions Studies and Health Risk Assessments PlaceWorks stays on top of the changing climate of air quality, health risk, GHG modeling, and their thresholds. We have a strong technical grasp of modeling tools and protocols available for quantifying air quality and GHG emissions, Including EMFAC (and EMFAC2014), CalEEMod, ISCST3/AERMOD, HARP, Off -Road (Including off -road source categories), Caline, 10 CITY OF SANTA ANA PLANNING DIVISION I PROPOSAL TO PROVIDE ENVIRONMENTAL AND PLANNING SERVICES Scope of Services Landfill Emissions Model, and WARM models and data from the California Energy Commission, CARE, and the Energy Information Administration. We beta test the CaIEEMod emissions Inventory model for SCAQMD, Including the recent beta test of CaIEEMod 2016.3.1, helped develop the CEOA GHG significance thresholds for the San Joaquin Valley Air Pollution Control District, and created a CAP Consistency Checklistfor the City of Cupertino. We were Involved with the County of San Diego consultant discussion on GHG thresholds In light of Center for Biological Diversity v. California Department of Fish and Wildlife, which culminated In the County's 2016 Climate Change Analysis Guidance for climate change Impacts In CEQA documents. We have extensive knowledge of the CEQA regulatory process and Impact assessment methodologies established by the EPA, ICLEI, and other air quality management districts as well as the Office of Environment Health Hazards Assessment's Air Toxics Hot Spots Program Guidance Manual for the Preparation of Risk Assessments, which was adopted March 6, 2015. In particular, we know that the City has adopted a Climate Action Plan (CAP) consistent with the CEQA Guidelines section 15183.5, Tiering and Streamlining. We recognize that consistency with the growth projections in the CAP is central to tiering off it and that future City projects have the potential to exceed those growth projections. We will bring our in-depth understanding of project -related Issues and technical knowledge to assist the City In customizing Its approach to legislation Implementation, CEQA streamlining and compliance, and CAP consistency. We are on top of the changing environment at the State level and local City dynamics. PlaceWorks' technical staff has presented at conferences for the American Planning Association, Association of Environmental Professionals (AEP), Urban Land Institute, and other organizations. Our staff Includes members of AEP's Climate Change Committee, who have assisted In the development of white papers on baseline GHG emissions Inventories, forecasting GHG emissions Inventories, establishing GHG reduction targets for use In general plans and GHG reduction planning, and most recently, a white paper on establishing GHG reduction targets and thresholds for post-2020 GHG emissions analyses. PlaceWorks Is also familiar with the California Air Pollution Control Officers Association's (CAPCOA) Quantifying Greenhouse Gas Mitigation Measures, which It has regularly applied to community GHG emissions forecasts for the transportation sector. Our services Include: • Air Quality and Greenhouse Gas Emission Inventories • Carbon Monoxide (CO) Hot Spot Analyses Rule 9510 Air Impact Assessments (AIA) ° Odor Analyses Localized Dispersion Modeling ° Air Quality Conformity Reports • Health Risk Assessments ° Vapor Intrusion Analyses ° Air Pollution Permits x Thlyd-Party Environmental Adequacy Reviews • Climate Action/Greenhouse Gas Reduction Plans Hydrology/Water Quality Studies and Water Supply Assessments PlaceWorks has qualified stormwater pollution prevention plan developers and practitioners (QSD/OSPs) with many years of experience preparing the following: A Stormwater pollution prevention plans (SWPPPs) • Water quality management plans (WQMPs) • Water supply assessments • Post-constructlon stormwater operation and maintenance plans n Designing low Impact development (LID) and best management practices (BMPs) Into site design Stormwater runoff modeling: pre -and post -development conditions Peer reviewing hydrology reports prepared by other consultants ° Determining reductions In peak flow rates with Implementation of site LIDS and BMPs • Storm sewer system design for projects of 10 acres or less Geologic/Soils Studies and Environmental Site Assessments PlaceWorks offers services that combine site assessment and environmental engineering. Our staff are experts In a variety of fields and Includes environmental scientists, licensed professional engineers and geologists, and registered environmental assessors. Our professionally licensed geologists frequently supplement analyses with expert Input on geophysically challenged projects. The range of specialized, in-house expertise is diverse, embracing various aspects of hydrogeology, slope stability, contaminant fate and migration, aerial photograph review and Interpretation, erosion control, and grading. PROPOSAL TO PROVIDE ENVIRONMENTAL AND PLANNING SERVICES I PLACEWORKS 11 PlaceWorks has prepared hundreds of Phase I ESAs, ranging from relatively routine property screenings to real estate due diligence programs associated with billion dollar corporate mergers. We have been very successful at negotiating on Phase Is and PEAS to avoid unnecessary sampling and work. In some instances, the historical use of a particular site, its proposed future use, or direct or indirect environmental evidence may warrant further screening. Different regulatory agencies use different names for these assessments: Phase II ESA and Preliminary Environmental Assessment or Preliminary Endangerment Assessment (both PEA) are the most common, During the past 20-plus years, PlaceWorks has completed hundreds of Phase II and PEA investigations of varying sizes and scopes. We have negotiated numerous favorable investigations, remedlation and PEA work plans, and final reports. Our technical staff are conversant with routine site assessment techniques and more Innovative techniques, such as noninvasive geophysical methods, passive diffusion bag groundwater sampling, and emission flux sampling. Noise and Vibration Assessments PlaceWorks' Noise, Vibration, and Acoustics group provides extensive services for environmental permitting and community noise impact assessment, including community noise monitoring, environmental impact assessments, Industrial noise emissions analyses, noise source Identification, predictive noise propagation modeling, noise contour mapping, and noise/vibration mitigation strategies. Our engineers and noise specialists have extensive experience In applied engineering acoustics and industrial noise control, PlaceWorks' library of Investigatory software Includes access to several commercial packages (Including SoundPLAN for computerized predictive soundscape modeling) as well as powerful in-house, proprietary analysis models to evaluate every possible noise condition for roadway, railway, and stationary sources. Our technical team can also assist agencies, applicants, or other parties with supplying noise and vibration mitigation recommendations; regulatory and criteria review; code enforcement evaluations; technical support at public hearings or workshops; third -party reviews; and/or support in legal proceedings (Le., depositions and/or expert testimony). Our staff is well versed in the preparation of detailed, yet understandable, technical studies and environmental documents. PlaceWorks provides the following noise services Transportation- and Stationary -Source Noise Evaluations Equipment Noise Emissions Evaluations Predictive Computer Modeling Permitting Application Support Noise/Vibration Mitigation Strategies Vibration Annoyance/Disruption/Damage Evaluations Transportation/Traffic Studies PlaceWorks transportation planners combine technical traffic and parking expertise with a deep understanding of regulatory requirements under CECIA to prepare defensible transportation analyses to support planning and development projects. From access studies to comprehensive traffic Impact analyses for land use developments and schools, PlaceWorks has been successfully supporting its clients with defensible analysis while being responsive to clients' needs using up-to- date methodologies and traffic simulation tools. Our unique understanding of CEQA and the development process drives us to address not only vehicular traffic but also to analyze alternative modes of travel. PlaceWorks is closely following the developments of SB 743, which would dramatically change how transportation Impacts for projects would be evaluated, PlaceWorks provides the following transportation planning services: Traffic Impact Analyses Trip Generation Studies School Transportation Planning ^ Site Access and Circulation Parking Demand Studies Parking Management Plans 12 CITY OF SANTA ANA PLANNING DIVISION I PROPOSAL TO PROVIDE ENVIRONMENTAL AND PLANNING SERVICES Scope of Services Other Technical Services PlaceWorks regularly teams with subconsultants for other technical services, including biological resources, cultural resources, historical resources, hydrology/water quality, traffic, and utlllty/sewer assessments. subconsultants we typically work with forthese services are identified on our organizational chart above. We have long working relationships with each of these firms and trust that they consistently provide high quality work products, C, STAFFING SERVICES PlaceWorks' approach to providing planning staff services to the City of Santa Ana Is based on the following key strengths: Planning Expertise. We offer a full range of capabilities in planning, Including but by no means limited to general plans, master plans, specific plans, corridor plans, transit-orlented development/design, economlc/market/fiscal analysis, and climate action plans. PlaceWorks also has considerable experience In writing zoning codes and regulations to implement general plans and design guidelines and development regulations as part of specific plans. We have prepared zoning and subdivision ordinance updates for large and small communities throughout California, and we are one of the few planning firms that prepares both conventional and form -based codes in-house. We have extensive experience In completing the necessary land use and Infrastructure studies, policy analyses, and visual impact studies for these types of plans. Project Processing Experience, We are experienced with plan review and regulatory compliance and have provided on -call staffing services to many agencies, including the cities of Long Beach, Los Angeles, Industry, Anaheim, Irvine, Stockton, and Stanton, as well as the County of Los Angeles (multiple departments), In addition, we are skilled In working projects and applications through the development review process, whether it be plan review, environmental documentation, preparation of staff reports and attendance at public hearings, or other tasks as needed to process development projects. Approach to Services Our role Is to serve as an extension of staff for the City of Santa Ana. This means that we represent the City In e-malls, on the phone and at every meeting. Our planners are assigned a project from the application intake and follow through with all aspects of the project. This includes public noticing, keeping the applicant apprised of the status, and keeping the City Informed of the work product. Integral to what we do is taking ownership of our projects. The foundation of our approach is communication. We use technology such as regular conference calls and face time to check in and report on progress. We also participate in weekly staff calls or meetings, provide training, and attend Planning Commission and City Council meetings to learn the expectations of the City and to Improve our services. Our job is to ensure that City staff never wonders about a project status, but knows what is happening because our planners keep them Informed. Staff Reports and Presentations PlaceWorks will utilize the City's format for all products, or work with the City to develop a format if one does not exist, All staff reports will include graphics, photographs, analysis, and findings, and all attachments will be avallable for posting on the Internet. From previous experience with the City we know that the City Attorney's office will be Involved In review of critical documents, resolutions, ordinances, etc. PlaceWorks will build both the Clty's planning staff and City Attorney review process Into the timeline, Our staff wlII ensure that all documents are suitable for posting on the City's website and follow through to ensure that the posting(s) are complete. Our staff will also assist as needed in preparing ordinances, resolutions, and approval letters to complete the project. As part of this task, PowerPoint slides and/or other presentations will be prepared to assist the Planning Commission and City Council In consldering a project. Urban Design PlaceWorks has design staff recognized statewide for their talent and ability to transform cities. We also have staff with the ability to review projects for community character, design acumen, and consistency with the desires of the City. our designers can attend meetings at the City to assist In the discussions with applicants and help articulate a vision for the City and the project. Technology and Best Practices PlaceWorks Is an industry leader in the use of technology for planning. Geographic information Systems are only the foundation of the types of analysis that can be provided, We can also include video and photo simulation for projects that need this level of analysis. Furthermore, we offer a range of online communication technologies to meet the rapidly PROPOSAL TO PROVIDE ENVIRONMENTAL AND PLANNING SERVICES I PIACEWORKS 13 changing needs of your stakeholders, including but not limited to online engagement services, website development and web publishing services. As a firm focused on planning and design, PlaceWorks understands the needs of planners and is organized to meet them. Finally, as leaders In the field, we review the work of others, attend and present at conferences, and keep current In the best practices of the profession. As part of our training, PlaceWorks staff will teach best methods for analysis, approaches to conditions of approval, and national changes that may be of Interest locally. All of this Information will be shared with the City and integrated Into our everyday tasks, Relevant Experience PROJECT EXPERIENCE NEWPORT BEACH LAND USE ELEMENT AMENDMENT AND EIR I City of Newport Beach 12014 Client Contact: Brenda Chase Wisneski, AICP I Deputy Community Development Director 1949.644.3297 Described as an "oil change" rather than an engine overhaul, the amendments to the Land Use Element adopted In 2006 reflect changes In the economy and market demands, Incorporate subsequently approved neighborhood revitalization plans, and develop new policies addressing emerging issues such as sustainabllity, climate change, and healthy communities. After the city was approached by various property owners regarding the limitations of the Land Use Element, staff recognized certain areas in the city would benefit from a reallocation of building Intensity and residential units from other areas within the community. The amendments built on the visions and principles defined by the 2006 Plan and modified the location and types of land uses permitted in strategic subareas, Including Newport Center/Fashion Island, Newport Coast, 'f and land adjoining John Wayne Airport. The Newport Beach Coastal Land Use Plan, Local Coastal Program, and Zoning Code and Map were amended concurrently to ensure consistency. A supplement to the 2006 General Plan Environmental Impact Report (SEIR) was f# prepared to address potential environmental Impacts associated with the "net' land use changes, updated policies, and revised Coastal Land Use Plan. It was supported by technical x studies for traffic, air quality, greenhouse gases, noise, and cultural resources. ORANGE COUNTY CIVIC CENTER FACILITIES STRATEGIC PLAN EIR I County of Orange 12017 Client Contact: James Campbell I Manager, Land Development 714.227.1011 Over the past 10 years the County of Orange has been working on a plan to guide the redevelopment of the Civic Center. In 2006, the County completed the Civic Center Facilities Strategic Plan (FSP). Pursuant to the Plan, the first step was to address Building 16 due to Its prominent central location In the Civic Center. In June of 2016 the County approved a plan and adopted a Mitigated Negative Declaration (MND) to demolish Building 16, which Is scheduled for demolition in the Winter 2016/2017. In 2012, Griffin Holdings was selected as developer of new Building 16 and was tasked with refining the FSP for the County's long-term occupancy in the Civic Center. In 2016, the preferred plan was presented to the Board of Supervisors and an environmental consultant, PlaceWorks, was selected to conduct the environmental review of -..: -. the FSP in accordance with CEOA. PlaceWorks prepared the EIR and associated technical analyses, including air quality, greenhouse gas emissions, and noise. IN Group was our subconsultant and prepared the traffic impact analysis for the project. The EIR was presented to the City Council and certified in April 2017, UPTOWN NEWPORT EIR I City of Newport Beach 12013 Client Contact: Rosalinh Ung I Associate Planner 1949.6443208 Consistent with the City of Newport Beach's 2006 adopted General Plan, the Uptown Newport project would Introduce a high -density residential, mixed use project —up to 1,244 residential units,11,500 square feet of neighborhood -serving retail space, and two acres of park space —in the Airport Business Area of the city. Although surrounded by office uses, the actual project site currently accommodates a semiconductor manufacturing facility (TowerJazz). The project would be developed in two phases, and Phase 1 may be occupied before Phase 2 starts. PlaceWorks conducted comprehensive analysis of environmental conditions as well as the technical studies for air quality, greenhouses gases, health risk, offsite consequence analysis (hazardous chemical release), and noise. The EIR also incorporated subconsultant/team 14 CITY OF SANTA ANA PLANNING DIVISION I PROPOSAL TO PROVIDE ENVIRONMENTAL AND PLANNING SERVICES EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page 11 of 11 Exhibit B PlaceWorks - 2017 Standard fee Schedule STAFF LEVEL HOURLY BILL RATE Principal $210-$325 Associate Principal $190-$225 Senior Associate/Senior Scientist $160-$200 Associate/Scientist $120-$170 Project Planner/Project Scientist $95-$125 Plan ner/Asslstant Scientist $85-$100 Graphics Specialist $65-$135 Clerlcal/Word Processing $45-$160 Intern $65-$85 Subconsultants are billed at cast plus 10°k. Mileage reimbursement rate is the standard IRS -approved rate, ACCORH�-DA-E (M 1IUDNyvY)) CERTIFICATE OF LIABILITY INSURANCE 51 20 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 polfcy(ies) 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 endorsements . PRODUCER CON NAM_: Marsh Risk & Insurance Services ------------- 17901 Von Korman Avenue, Suite 1100 P(PHIOO.Nsla.Ext6._--.�,-_____—.�__a_-_,_,_—,. an Xy,.,tlpl; (949) 399-5800; License #0437153 E-MAIL Irvine, CA 92614 -AMNEST Attn: NewpoNSeach.CedRequest@mafsh.comIP: 212-948-4323 ._,._—.,.,,_W_LNSURER(Sj AFFORDING COVERAGE _.___ NAIC# 980627--01-17-18 _ ItlaNaERA: Crum & Forster S edait Insurance Co 44520 _. —_L.Ty _-- INSUREDPlaceWorks,[no INSURERS; Travelers Pmpal)y Casueify Company OfAmerica _ ,— 25674 Des: The Planning Center MSURSE c :,-.__-,_ Design Community & Envlornment INSURER n ; 3 MacArthur Place, Suite 1100------------ ---- — ----- Santa Ana, CA 92707- 1NSURER F COVERAGES CERTIFICATE NUMBER: LOS-002365288.01 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. INBR.__..,..-..�vv��N..'AuDC LTR TYPE OF INSURANCE POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EPK118128 0710112017 0710112018 EACH OCCURRENCE $ 6,000,000 ' CLAIMS -MADE IT] OCCUR P.RFJ.dLS.E�" LEAS15ZrALe_rLa).. , $ 50,000 X SI_&_PD Ded. $5,000 5,000 _ MED EXP Any one person $ _PERSONAL &_ADV INJURY $ 61000,000 GENL AGGREGATE LIMIT L........1 APPLIES PER: GENERAL AGGREGATE $ - 5,000'No X POLICY n 29 LOC PRODUCTS-COMPIOP AGG $ 5,000,000 Q7 I Contractors Pollution $ 6,D00,000 B AUTOMOBILELIABHJTY BA7E37616717CAG 0710112017 071m112010 COMBINED SINGLE LIMIT Is 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILYINJURY(Pere ldenl) $ .._..�._.-...._.. ".-. AUTOS ONLY _ AUTOS _____ _ AUTOS ONLY AUOTOS ONELY iP Y pAMA4E $ —' ---- rt�nU_-_____ _ Com lColl Deductibles $ $1,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $_.,.___—___.� B WORKERS COMPENSATION UB7537616717 17 0710112018 X .PER AND EMPLOYERS' LIABILITY YIN > ATLITIE ,P_,_ ANYPROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1000000 OFFICEMM EMBER EXCLUDED? ❑N NIA (Mandatory In NH) ELL. E . DISEASE EA EMPLOYEE $ _ _ �1 000.000 Ifyes, describe under ^-�1,000,000 DE SCRIPTION OF OPERATIONS below ELL, DISEASE -POLICY LIMIT $ A Errors & Omissions -Claims Made EPK118128 07101017 0710112018 Each ClaimlAggregale 5,000,000 Ratio Dales: See 2nd Page DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached If more space Is required) City of Santa Ana„ its officers, employees, agents, volunteers and representatives are Included as additional Insured where required by wrlben contract with respect to General Uability, CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 CMc Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1988 ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ann, CA 92702 AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Rosalynds Martinez 4y,„ ©1988.2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2010103) The ACORD name and logo are registered marks of ACORD Marsh Risk & Insurance Services POLICY NUMBER CARRIER AGENCY CUSTOMER ID: 980627 LOG #: Irvine ADDITIONAL REMARKS SCHEDULE Page 2 of 2 NAIC CODE NAMED INSURED PlacaWorks, Inc Dba; The Planning Center Design Community & Envlornment 3 MacArthur Place, Suite 1100 Santa Ana, CA 02707 EFFECTIVE DATE; The ACORD name and logo are registered marks of ACORD EPK-118128 ..; COMPLETED OPERATIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Contract. shown above, will be Shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions Is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and Included in the "products-compteted operations hazard". EN0320-0211 Page 1 of 1 EPK-118128 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Of Additional Insured Parsons) or , Required By Written Contract, A. SECTION III — WHO 15 AN INSURED within the Common Provisions Is amended to Include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this Insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary Insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the Insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3. The term "additional insured" is used separately and not collectively, but the Inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this Insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN01 47-1111 Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening previsions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing Is a general cover- age description only. Limitations and exclusions may apply to these coverages, Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered, A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COW ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following Is added to Paragraph A.I., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately Insured for Business Auto Coverage. Coverage under this provision is afforded only un- tll the 180th day after you acquire or form the or- ganizatlon or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following Is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE; Any person or organization who Is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this Insurance applies and only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured provision contained In Section If. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "Insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. In 8.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc, with Its permission. A� O® CERTIFICATE OF LIABILITY INSURANCE °A06MO2200°"""' 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(!") 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 Marsh Risk & Insurance Services 17901 Vol Kaman Avenue, Sude 1100 CONTACT NAME: PHONE FAX : 'AIC NO Fan (949) 399-5800; License 90437153 EJAAIL A Elul: Irvine, CA 92614 INSURERSAFFORDING COVERAGE NAIC# Am: NewportBeach.CerlRequest@marsh.comlF: 212-9484323 INSURER A: Crum&FMISr SPOCIAnY Insuranco Co 44520 CN115158923-01-01-20-21 INSURED PlaceWaks, Inc INSURER B : Travelers Indemnity Company of Connecticut 25682 INSURER c : Travelers Pcoerbr Casualty Company Of America 25674 3 MacArthur Place, Suite 1100 INSURER D : Santa Ana, CA 92707 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-OD2212046-24 REVISION NUMBER: 9 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 LTR TYPE OFINSURANCE ADDL SUER POLICY NUMBER POLICY EFP POLICY UP LJMRS A X COMMERCIALGENERA LIABILITY X X EPK131438 0701/2020 OT0112021 EACHOCCURRENCE S 5.004000 CLAIMS -MADE � OCCUR PREMISES Ea occurrence $ 50,000 X N ED EXP (Any orw person) $ 5,000 BI & PD Dec. $5.000 PERSONAL& ADV INJURY S 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE S SAD0,000 ul X POLICY❑JECT LOC PRODUCTS-COMP/OPAGG 5 5.000,000 Contractors Pollution 5 5,000,000 OTHER B AUTOMOBRELUBI W X X BA1N96406A20CAG 0701020 0701Rg21 COMBINED SINGLE LIMIT Ea accident) 5 1,000,000 BODILY INJURY (Per person) 5 AINY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per ecddgd) $ PROPERTY DAMAGE Per amdanl S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY ComplCdi Deductibles S 1,000 UMBRELLA LIAR X OCCUR EX513287562014 07101)2020 07101IM21 EACH OCCURRENCE s 4,000.000 X AGGREGATE S 4,000A00 EXCESS UAB CLAIMS -MADE DIED I I RETENT 5 I 1 C WORKERS COMPENSATION AND EMPLOYERS' UASILRY ANYPROPRIETOWPARTNEREXECUTIVE YIN OFFICERIMEMBEREXCLUDED'1 1 (VAMMM In NH) NtA UB7K72867620140 07M1020 07101QO21 % STATUTE ERµ E.L EACH ACCIDENT $ 1,000,000 EL DISEASE -EA EMPLOYEE S 1.D00,000 If yea. dasul0e under DESCRIPTION OF OPERATIONWm E L DISEASE -POLICY LIMIT S 1,000,000 A Errors & Omissions -Claims Made EPK131438 07/0112020 07N12021 Each GaimlAggregate 5,00Q000 Reim Dates-. See 2nd Page DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tat, AddlDorul Remarks Schedule, may W atleched V more OR" M "UnHill Re: Operations performed by the named insured for the certificate holder City of Santa Ana, is officers, agents, employees, end volunteers are included as additional insured where required by written contract with respect to General and Auto Liability This insurance is primary and non- contributory over any existing insurance end kneed to liability arising ou(of the operations of the named insured end where required by writer, contract win respect to General Liabdlty Waver of subrogation is applicable where required by written contract with respect to General and Auto Liability A. AOI3CInX/Fr'% Gty of Santa Ana Risk Management Division 20 Critic Center Pfau, 4th H Santa Ana, CA 92701 2 7 020 H ANCINE IL REAL 1wT92Lala�LBLLwli. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE of Mash Risk & Insuance Services Rosalynda Martinez R_`YY1wA#t4n4e�% CoZL:T:T:bLi[:l ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD BA I N96406A20CAG Effective 07/01/2020 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11-COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who is An Insured, of SECTION II - COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover - a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "piupeity damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages t4*WWED & APPROVPD "employee's" name, with your By Risk MANACIEMnNT DIVISION CA T3 53 02 15 02015 The Travelers Indem�nji om any. All rights reserved. Page 1 of 4 Includes copyrighted materiel of su 'H er e'�' Ono. with Its permission. 002088 hI A V 12E BA I N96406A20CAG Effective 07/01/2020 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (1) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set - tie any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS io tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. (iii) may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in in defending the "insured' against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "Insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the 1n- we cover. We do not have to furnish cured" pays with our consent, but these bonds. only up to the limit described In Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured' at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "s uitn but only up tand included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. Without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (f you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability comlRID EWED & APPROWElla. members of their households. By Risk MANAGEmeNT DivisioN Page 2 Of 4 02015 The Travale de hte reserved. CA T3 53 02 15 Includes copyrighted material f e Mew hits permission. FRANCIEAL BA I N96406A20CAG Effective 07/01/2020 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.C. Cover- age Extensions, of SECTION III — PHYSICAL COMMERCIAL AUTO (2) In or on your covered "auto'. This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1,b. and A.1.c., but only: a. If that "auto* is a covered "auto' for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or 'loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganizatiun), ul (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or "loss", provided that the 'accident' or "loss" (1) Owned by an "insured"; and REVIEWED & APPR(E out of operations contemplated by By Risk MANAGEMer:r Division CA T3 53 02 15 0 2015 The Travelers I rvl 7LREAL All rights reserved. Page 3 of 4 Includes copyrighted mat al c I n- Fric nc. with its permission. 0020e7 FItAN ' I I BA I N96406A20CAG Effective 07/01 /2020 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated In such error in, any information given by ynii shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: REVIEWED & APPROVED By Risk MANAGrmmr DIVISION AJ 7220NE R. VILLAREAL Page 4 of 4 0 2015 The Travelers Indemni•.y Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance services Office, Inc. with its permission. 07/0100 fn 07/01/71 #FPK1 31449 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART I•ld:1:1*D11= Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract. A. SECTION ill — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by'�our work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we rrake for "damages" arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. REVIEWED & APPROVED BY Risk MaNar FmmT Divis,ON JI 7 2020 n EN0118-0211 UVNAN(J_1 E Il. VIL QPage 1 of 1 LAREAL 07/OI/20 to 07/01/21 *EPK131438 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations here Required By Written Contract. Where Required By Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional Insured and included in the "products -completed operations hazard". REVIEWED & APPROVED By Risk MAmicFmrwt Division EN0320-0211 U20 Page 1 of 1 FRANCINE I<. VIL REAL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDER(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART Certificate Holder(s) The City of Santa Ana its officers employees 20 Civic Center Santa Ana Ca 92701 SCHEDULE agents and representatives Under the Common Provisions, SECTION VI — COMMON CONDITIONS, item 2. Cancellation And Nonrenewal is amended by the addition of the following: If we cancel this Policy before the expiration date thereof, we will mail a 30 days written notice (ten (10) days for non-payment of premium) to the Certificate Holder(s) indicated in the Schedule shown above. EN0136-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. REVIEWED & APPROVEL By Riik M'MorMem DivisioN JUL 27 1010Z_ hNAN .. t. REAL Page 1 of 1