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HomeMy WebLinkAboutJONES & STOKES ASSOCIATES 06AGREEMENT TERMINATION Tp ^ s 12 M: Please complete this form when the attached agreement is no longer in effect. s Return form to the Sr. Deputy Clerk of the Council (M-30). Call 64` r'- if you have questions_ The agreement with 9�' 15'4� No. �— aDOLo 0 was completed N u-lhpc / and final payment has been made. Department: Signa Date: City of Santa Ana Revised 8-7-03 Clerk of the Council NcURAfVCi ON HLC A-2006-086 6URAHU FXPIRES gyp. / _ Ob CONSULTANT AGREEMENT ERn Of COUNCfl 5. .2cf—otv THIS AGREEMENT, made and entered into this 171h day of April, 2006 by and between Wq Jones & Stokes, 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 (rthe State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental training and consulting 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 perforated in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. 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. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2007, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 4. 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, ajoint 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. 5. 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from 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 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. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Jones & Stokes Mr. David Freytag 17310 Red Hill Avenue, Suite 320 Irvine, California 92614 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. 12. 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. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: r' _ I'/ . / Laura Sheedy Assistant City Attorney CITY OF SANTA ANA (4. faCDA ID N. PEAM City Manager JONES & STOKES DAVID FREYTAG Project Director Tax ID# ` 4- _1 Jones & Stokes March 9, 2006 Ms. Karen Haluza, Planning Manager City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 Subject: Proposal for Environmental Training and Consulting Services Dear Ms. Haluza: Thank you for inviting Jones & Stokes to conduct an environmental training course and to provide environmental consulting services for the City of Santa Ana. We are enthusiastic to have the opportunity to once again work with the City of Santa Ana Planning Division and share our expertise related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) with City staff. Jones and Stokes' environmental education program is the foundation for our firta's environmental consulting services. Our staff members believe strongly in education on the environmental processes and share our experiences with our clients and our peers. We will customize one of our award -winning courses for the City of Santa Ana and tailor the training to your current needs. We look forward to continuing that education through ongoing in-house consulting and advisement for your staff. Chad Beckstrom, AICP, will serve as project manager for the effort, and will be the main point of contact for the City. Chad is a senior project manager and CEQA/NEPA practitioner with over 10 years of experience in managing and preparing environmental documents. He has co -instructed environmental courses with our firm's key instructors through UC Irvine Extension, and has served on an instructor panel for the Association of Environmental Professionals CEQA Workshop Series. Chad will be supported by our team of top CEQA/NEPA advisors and in-house environmental counsel (Ken Bogdan, JD; Ron Bass, JD; and Terry Rivasplata, AICP) in developing and presenting the training, as well as in the continuing consulting services for the City. The attached proposal highlights our firm's qualifications, team qualifications, and proposed scope of work and compensation to perform the requested services. As a principal and project director at Jones & Stokes, I am pleased to commit our team to a successful working relationship with the City of Santa Ana. Should you have any questions, please feel free to contact Chad or me at 949/260-1080. Sincerely, David Freytag, AICP Project Director 17310 Red Hill Avenue, Suite 320 • Irvine, CA 92614-5600 • tel. 949 260.1080 • fax 949 260.1081 vaww.ionesandstokes. corn Statement of Qualifications and Proposal Environmental Training and Consulting Services for the Citv of Santa Ana Jones & Stokes Overview Jones & Stokes is a multidisciplinary consulting firm specializing in environmental analyses and regulatory compliance, with particular emphasis on the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Established in 1970, the firm is one of the oldest and largest in the western United States that specializes in environmental services. We are well known for our expertise and applied knowledge of the CEQA Guidelines, and have extensive experience in dealing with legal challenges regarding CEQA adequacy. Jones & Stokes currently has 16 offices located in the western United States, including a well -staffed local office in Irvine, California. We have over 450 expert planning and environmental professionals to draw from, including over 100 team members in southern California. Our staff includes land use and environmental planners, biologists, cultural resource specialists (historic architecture and archaeology), regulatory compliance specialists, hydrologists, soil scientists, noise and air quality engineers, public involvement specialists, and environmental attorneys. Staff attorneys are knowledgeable in all aspects of environmental law and regulations. A partial list of services that we offer that may be relevant to the City of Santa Ana's needs includes the following: ■ CEQA/NEPA documentation, ■ recreation and open space planning, ■ Endangered Species Act compliance, ■ public involvement and facilitation, ■ conservation planning, ■ wildlife management programs, ■ botanical surveys and inventories, ■ habitat evaluation, ■ revegetation and restoration, ■ wetland ecology and permitting, ■ land development planning, ■ cultural resources, ■ air quality and noise assessments, ■ aesthetic and visual analyses, ■ socioeconomics evaluations, ■ digital arts and design, and ■ GIS/CAD/database applications. 0o S. d A- V^& M'b 9, 1006 Eumx &.l Tro.,q.nd C...I=n. osK n� Jones&Stokes m Statement of Qualifications and Proposal 2 As recognized leaders in environmental regulatory compliance, our staff environmental attorneys keep abreast of current court decisions regarding CEQA and NEPA and other environmental regulations, such as the Clean Water Act, the Endangered Species Act (ESA), the Clean Air Act, and other federal and state environmental laws to provide valuable and up-to-date information and strategies to clients. Our firm enjoys a reputation for producing high -quality documents in a consistent and timely manner. As an employee -owned company, each member of our staff is committed to providing the highest quality client service. Jones & Stokes' Environmental Education Programs Jones and Stokes' Environmental Education Program is the cornerstone of the firm's environmental planning and natural resource management services. Our training professionals include leading authorities in environmental regulations, science, and planning, many of whom have received awards as distinguished instructors. They are recognized experts in their field and specialists who set the professional standards for environmental compliance. Our award -winning Environmental Education courses are customized for both public- and private -sector clients, and many are offered through leading colleges and universities (e.g., University of California) and professional planning organizations (e.g., American Planning Association, Association of Environmental Professionals). The courses and workshops offer real -world perspectives and solutions because our trainers are seasoned environmental consultants with years of hands-on experience. Courses are tailored to meet the specific needs of each client, but all have one thing in common —information is conveyed in easy -to -understand language. Our environmental experts regularly customize training programs to meet the unique needs of individual clients. These workshops are organized specifically for each presentation, with materials and case studies tailored to the client's particular interests. The environmental workshops provide overviews and detailed presentations on environmental review processes, regulatory and case law updates, and practical applications. Jones & Stokes' instructors have conducted more than 200 workshops, seminars, and training programs that address a wide range of issues. These courses are typically one -day workshops on the following topics: ■ Environmental Impact Assessment Programs ❑ Introduction to NEPA ❑ Introduction to CEQA ❑ CEQA Update ❑ CEQA Documents ❑ Environmental Impact Report/Environmental Impact Statement (EIR/EIS) Preparation and Review Gry afS-n A- �'�`• Mamh 9, 2006 Eanmwx&T,..m gaud Canmka.n Jones & Stokes Statement of Qualifications and ❑ EIR/EIS Management ❑ Thresholds of Significance in Environmental Planning ❑ Mitigation Measure Development and Monitoring ❑ Integrating Environmental Laws ■ Natural Resources Programs ❑ Endangered Species Protection and Regulation ❑ Wetlands Regulation and Mitigation ❑ Nationwide Permit/Clean Water Act Update ❑ California Department of Fish and Game Programs ❑ Habitat Conservation Planning ■ Cultural Resources Programs ❑ Historic Resources and Land Development in California ❑ Geospatial Technologies and Cultural Resource Management ❑ Successful Section 106 of the National Historic Preservation Act (NHPA) Compliance In addition to our external training programs, Jones & Stokes has established the Learning Center, an internal company training program for our employees. Based on a 30-year tradition of supporting employee training, we have made this investment to ensure our ability to deliver knowledgeable, well -trained, efficient consulting staff on every project in order to meet our clients' increasing needs today and in the future. Zweig -White has highlighted Jones & Stokes' training program as being a leader in the industry with the implementation of their corporate university program and extensive training courses. Jones & Stokes' Publications and Reference Materials Jones & Stokes provides environmental education videos, software, and books as learning tools. Universities and other training programs use our published texts as definitive references on their topics. Several Jones & Stokes instructors have written these fundamental guides to understanding environmental law, all published by Solano Press. These include the following: CEQA Deskbook, Second Edition with 2001 Supplement by Ronald E. Bass, Kennetb M. Bogdan, and Albert I. Herron CEQA Deskbook is written for practicing environmental planners and attorneys, and it includes the complete California State CEQA Guidelines text, including amendments to CEQA and much more. The Californ a Association of Env ronmental Professionals has recognized CEQA Deskbook with an Award of Excellence. The CEQA Deskbook is currently being updated by Jones & Stokes staff. G o SanoA- /� Enm nmen/al Training and CoruuGak'on w SK � Jones & Stokes MaT>> 9, 2006 Statement of Qualifications and Proposal 4 The NEPA Book. • A Step -By --Step Guide to the National Environmental Policy Act Second Edition by Ronald E. Bars, Kenneth M. Bogdan, and Albert L Herron The NEPA Book features easy -to -understand information about NEPA, including the NEPA process, important court decisions, and agency practices relating to the nation's foremost environmental law. This new edition discusses the integration of NEPA with other environmental laws, the "globalization" of NEPA, Internet resources, and much more. Wetlands, Streams and Other Waters: Regulation, Conservation and Mitigation Planning Paul D. Cyknder, Kenneth M. Bogdan, April Zohn, Joel Butterworth Wetlands, Streams and Otber Waters is a practical guide to federal and state wetland identification, regulation, and permitting processes. It includes detailed information, commentary, and practice tips for those who work with federal and state laws and are engaged in wetland conservation planning. In clear and easy -to -understand language, this book explains wetlands regulation under Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, Sections 1600-1607 of the California Fish and Game Code, and the California Coastal Act. Understanding the Habitat Conservation Planning Process in California by Paul D. Cylinder, Kenneth M. Bogdan, and David Zippin Understanding the Habitat Conservation Planning Process in California, a new publication developed jointly by Jones & Stokes and the Institute for Local Self Government, is designed to address the full range of issues involved in developing project and regional conservation plans to resolve conflicts between development and the protection of threatened and endangered species. The guide covers the development of Habitat Conservation Plans (HCPs) and Natural Community Conservation Plans (NCCPs), with recommended approaches to project planning for compliance with state and federal laws. It also covers approaches to initiating and conducting the planning process, including public outreach, permitting, and other legal issues. CU), of S,&,Ana MDR b 9, 2006 En,imnmenkrt Tmining and G hanon oSR Jones &Stokes Statement of Qualifications and Proposal 5 Jones Bc Stokes: The Impact Report The Impact Report is a free, electronic, web -based newsletter published by Jones & Stokes to explain new state and federal legislation, court decisions, and changes in agency regulations that impact the environmental permitting process. Written by Jones & Stokes' team of legal and regulatory experts, The Impact Report contains timely information and analysis on environmental topics. The Impact Reportis available for subscription from our website at wwwjonesandrtokes.com. Team Qualifications and Organization Chad Beckstrom, AICP, will manage the proposed training and consultation program with the City of Santa Ana. Chad will be supported by a team of our top CEQA/NEPA advisors, instructors, and environmental counsel. He will also be supported by a team of in-house technical experts in nearly every environmental discipline as needed. Key qualifications of our key team members are provided below. Chad Beckstrom, AICP—Senior Project ManagerlEnvironmental Planner Qualifications and Experience: Chad is a senior project manager and CEQA practitioner with a background in environmental compliance for urban development and comprehensive planning projects. He has over 10 years of experience in managing and preparing multidisciplinary environmental documents and focused studies for urban development projects (residential communities, commercial developments, industrial facilities, mixed -use projects, and schools); comprehensive planning programs, including general plans, specific plans, and zoning amendments; open space and recreational facility plans; and regulatory compliance and permitting programs. Chad has worked with agencies to defend legal challenges, as well as conducted peer reviews of documents on behalf of clients to ensure CEQA adequacy. He has taught courses on CEQA topics at UC Irvine Extension and through the Association of Environmental Professionals. Chad also has a firm understanding of the local government planning and entitlement processes. Prior to joining Jones & Stokes, he was an intern with the City of Santa Ana Planning Division, where he prepared environmental documents on behalf of case planners, assisted case planners in current and advanced planning projects, and served at the Planning Division public counter. Education: Masters of Urban and Regional Planning, Cal Poly, Pomona, 2001; B.A., Environmental Analysis and Design, University of California, Irvine, 1996. Qy oofSo WA. '^' Jones &Stokes �h 9, s006 EnaimnmentalTr..g and Co.&,koa �� Statement of Qualifications and Proposal 6 Professional Affiliations/Licenses/Certifications: American Institute of Certified Planners (AICP), American Planning Association (APA), Association of Environmental Professionals (AEP). David Freytag, AICP—Project Director/Principal-in-Charge Qualifications and Experience: David is a principal of the firm and is Jones & Stokes' southern California regional leader. His professional background has focused on complex and controversial CEQA and NEPA documentation for a wide range of development and infrastructure projects. David has managed projects such as the Orange County Transportation Authority Centerline EIS/EIR and was the project director on the East Orange Projects EIRs for the City of Orange. He has managed and prepared a full range of technical studies and environmental documents that include EIRs, EISs, community impact assessments/environmental justice analyses, land use reports, Section 4(f evaluations, visual impact assessments, water quality studies, floodplain evaluations, and energy assessments. Education: Master of Urban and Regional Planning and a B.E.D. in Environmental Design from Texas A&M University. Professional Affiliations/Licenses/Certirications: American Institute of Certified Planners, American Planning Association. Qualifications and Experience: Ken is a principal and Jones & Stokes' environmental counsel. He is an environmental planner and attorney with more than 15 years of environmental law compliance experience. He specializes in regulatory compliance analysis for NEPA, wetlands regulations (including Clean Water Act Section 404), ESA, CEQA, and CESA. Ken's primary function is to assist clients and in-house staff in understanding the complexities of environmental pemiitting requirements. He leads Jones & Stokes' Environmental Education Program and internal training program, organizing and presenting workshops on NEPA, CEQA, wetlands regulation, and endangered species issues. He also managed the preparation of environmental compliance handbooks for the CALFED Bay -Delta Program and U.S. Fish and Wildlife Service. Ken is co-author of CEQA Deskbook, The NEPA Book, and Wetlands, Streams, and Other Waters, and is a member of the California State Bar. Education: J.D., University of California, Davis, School of Law; B.S., Environmental Management, Rutgers University, Cook College. Professional Affiliations/Licenses/Certifications: California Native Plant Society (Legal Advisory Committee), National Association of Environmental Professionals, State Bar of California. Mb 9, 2006 Eeraroa.ad Tra. i.qdCauxGotiam 0'�A Jones&Stokes an of Qualifications and Qualifications and Experience: Ron is a principal with Jones & Stokes and is the firm's environmental counsel, providing invaluable quality control and legal compliance oversight. He has a 30-year professional and academic background in environmental planning and law, and has participated in a wide variety of planning and environmental studies throughout the West as project manager, principal -in - charge, and special advisor on NEPA, CEQA, and other regulatory issues. Ron is a well-known authority on CEQA and NEPA and advises government agencies and private developers on issues regarding the environmental review process. He co- authored CEQA Deskbook and The NEPA Book. Ron has written numerous articles on the practical implementation of NEPA and CEQA and on other planning topics, and he serves on the editorial board of California Environmental Law Reporter. He has served as president of the Association of Environmental Professionals and the California Chapter of the American Planning Association, which has recognized him with the Distinguished Leadership Award for his contribution to the planning profession. Ron began his planning career with the Governor's Office of Planning and Research, where he assisted in drafting the State CEQA Guidelines, directed the operations of the State Clearinghouse, and reviewed environmental impact documents under CEQA. He frequently lectures on CEQA and environmental law topics through university extension programs and at industry conferences. Education: J.D., Washington College of Law at American University, Washington, D.C.; M.A., Environmental Planning, California State University, Sacramento; B.A., Anthropology, Ohio State University, Columbus, Ohio. Professional Affiliations/Licenses/Certifications: American Institute of Certified Planners, American Planning Association. Qualifications and Experience: Terry is a senior environmental planner with 25 years of experience in CEQA compliance, general plan preparation, and urban and regional planning. He is CEQA advisor on many of Jones & Stokes' projects, providing quality control as well as advice on CEQA compliance. Terry is an instructor on CEQA topics for the University of California, Davis and Los Angeles Extensions, and develops specialized classes for clients. In the environmental arena, he sits on the legislative review team of the American Planning Association and is editor of the Association of Environmental Professional's Environmental Assessor newsletter on CEQA law. He brings extensive regulatory knowledge of the planning process in California. Before joining Jones & Stokes, he served as chief of the State Clearinghouse of the Office of Planning and Research (OPR) for four years, where he helped to draft the 1994, 1997, and 1998 comprehensive updates of the State CEQA Guidelines. He is the author of Focusing on MasterElRr. Examining AB 1888 or 1993, Tracking CEQA Mitigation Measures UndefAB 3180, and other publications in OPR's series of CEQA advisory memoranda. As past chief of the planning unit at the Office of Planning and Research, Terry is co-author of General Plan Guidelines Enof Sant A- �'� dmwen lTrmning and Conokzo'an %n Jones &Stokes MmrA 9, 2006 Statement of Qualifications and Proposal 8 (1990 and 1987 editions) and the author of several OPR publications, including A Planner's Guide to Financing Public Infrastructure. He also contributed to several reports issued by the Governor's Interagency Growth Management Council. Terry has also spent a portion of his career as a planner for city and county planning departments. Education: B.S. Environmental Planning and Management, University of California, Davis, 1977. Professional Afriliations/Licenses/CertiriCations: American Institute of Certified Planners, American Planning Association, Association of Environmental Professionals. Proposed Scope of Services Jones & Stokes understands that the City is in need of environmental training and consultation services for City Planning Division staff due to the immediate departure of the City's Environmental Coordinator. Whereas the Environmental Coordinator was previously the central point of contact for environmental document preparation and processing, each of the case planners will now be responsible for managing and/or preparing the CEQA/NEPA documentation for their respective projects. The Planning Division is seeking an environmental consultant to conduct a training seminar for City staff on CEQA/NEPA issues, and to provide ongoing consultation with City staff related to CEQA and NEPA as part of processing entitlement applications. The following tasks detail our proposed scope of work that responds to the City's needs. Task 1. Prepare for and Conduct One -Day CEQA/NEPA Training Seminar Jones & Stokes will prepare and conduct a one -day CEQA/NEPA training workshop tailored for City of Santa Ana staff. The workshop will be conducted by one of our expert instructors (Ken Bogdan, Ron Bass, or Terry Rivasplata), and will be co -instructed by Chad Beckstrom, a CEQA expert and senior project manager from our Irvine office. Based on your staffs request, the workshop will cover basic CEQA/NEPA requirements and steps in the process; when an environmental impact report (EIR) is required; the nuts and bolts of preparing initial studies, negative declarations, and mitigated negative declarations; how to determine scope and content of an EIR; the particulars of public notice and review requirements; how to develop adequate mitigation measures; and similarities between CEQA and NEPA. If desired, the course will also provide an overview of the latest updates and emerging trends affecting implementation of CEQA, including recent and proposed CEQA legislation; highlights of recent and proposed State CEQA Guidelines revisions; court decisions and their practical implications; and special advanced topics, including determining project baseline, determining significance, integration with other environmental laws, and more. City ofSanm Aw 4� S(� Af=h 9, 2006 Ewiron .WlT..gandConruGation D Jones &Stokes Statement of Qualifications and 9 Jones & Stokes will engage the City with a conference call prior to the workshop to confirm topics on the agenda and develop any specifics related to the agenda items; development of a PowerPoint presentation of the materials on CD-ROM media; and copies of handout materials for the workshop attendees. We assume that the City would provide a conference room with adequate capacity for the presentation; projector screen; microphone and speaker setup (if determined necessary depending on the size of the room and the number of attendees); and any food and beverages for the attendees for the morning, lunch, and afternoon breaks. A tentative course agenda is provided below. We can adjust the contents as needed. Overview of CEQAINEPA: City of Santa Ana ■ Introduction ❑ Instructors and participants ❑ Course objectives ❑ Identification of key issues ■ Background and Implementation of CEQA ❑ Introduction to and overview of CEQA ❑ Key participants in the CEQA process ❑ CEQA overview ❑ Screening for CEQA Applicability and definition of a "project" ■ CEQA Exemptions ❑ Statutory Exemptions ❑ Categorical Exemptions ❑ Exceptions ■ The Initial Study ❑ Purposes of the Initial Study ❑ Environmental Checklist ❑ Types of environmental impacts ❑ The fair argument standard ❑ Tools and criteria for making the threshold decision on significance ❑ Mandatory Findings of Significance ■ The Negative Declaration ❑ Basis for a Negative Declaration/Mitigated Negative Declaration ❑ Process steps ❑ Public notice and review requirements ❑ Recirculation ❑ Notice of Determination ■ The EIR Gly of Santa Ana �J SS R Jones &Stokes �n v, zoos Emumnm,AW Training and G..mAat . Statement of Qualifications and Proposal 10 ❑ EIR ❑ Project EIR ❑ Tiering ❑ Program EIR ■ Overview of the EIR process ❑ Notice of Preparation ❑ Scoping ❑ Draft EIR ❑ Public notice and review ❑ Consultation and comments ❑ Recirculation of Draft EIRs ❑ Final EIR certification ❑ Findings and Statement of Overriding Considerations ❑ Mitigation monitoring or reporting ❑ Notice of Determination ■ EIR Contents ❑ Key contents ❑ Project Description ❑ Environmental Setting ❑ Impact Analysis ❑ Growth inducing impacts ❑ Cumulative impacts ❑ Alternatives ❑ Mitigation measures ■ Later Activities: After the EIR's Been Certified ❑ Subsequent/Supplemental EIR ❑ Addendum ■ CEQA/NEPA Integration and Comparisons ■ Avoiding Common CEQA Mistakes Task 2. Provide In -House CEQAINEPA Consultation/Review Jones & Stokes will provide environmental consultation and review services for City staff as an in-house extension of City staff. We will provide a staff member to be onsite at the City Planning Division in City Hall for two hours per week (on an established schedule to be determined) for a duration of six months. Chad Beckstrom will serve in this capacity on behalf of Jones & Stokes. Chad will work with case planners and staff in other City Departments during his time onsite at City Hall to review environmental documents prepared by City planning staff, provide MarcA 9, 2006 Enx nmen&Traln q and ConmBaNn WAR Jones & Stokes Statement of Qualifications and Proposal 11 advice related to CEQA/NEPA, and answer general questions regarding the environmental review process relative to the City entitlement process. This task may include additional outside consultation with Jones & Stokes legal counsel and/or technical experts, as needed. This task does not include preparing environmental documents, though it may include writing brief memoranda related to review of documents and other consultation. Task 3. Provide On -Call CEQAINEPA Consultation Jones & Stokes will be available to the City on an as -needed basis to provide CEQA/NEPA consultation for City staff. Chad and his team of legal counsel and/or technical experts will be available by phone and email to provide ongoing advice and review services beyond the established schedule at City Hall. We will also be available to prepare Categorical Exemptions, Initial Studies, Negative Declarations, Mitigated Negative Declarations, and EIRs at the City's request. These services will be billed on a time and materials basis beyond the proposed compensation identified below, or will be bid on separately from this scope of work. Fees and Compensation Jones & Stokes proposes to complete the scope of services identified in Tasks 1 and 2 above for a not -to -exceed fee of $25,000. These costs are based on our standard schedule of fees (attached); a breakdown of the costs is provided in Table 1. We understand that the City may desire to issue an initial task order of $10,000 to cover the Task 1 and a portion of Task 2, and we are open to that approach. Our proposed cost estimate is driven by our discussions with the City and our understanding of the requested services. We are prepared to discuss with the City the level of effort required. Cdy nfS.n Ana to f� Jones st Stokes Abrcb 9,1006 E.amnmenmlTwmmg and Cauu&mlan Jones & Stokes Associates Standard Fee Schedule Effective January 1, 2006 Project Director $160—$200 Senior Environmental Scientist $140—$160 Environmental Scientist V $130 Environmental Scientist IV $114 Environmental Scientist III $105 Environmental Scientist II $95 Environmental Scientist l $80 Technical Writer $80 Technical Editor $75 Graphic Artist $70 Librarian $70 Communications Specialist $65 Technician $50 Administrative Assistant $55 Intern $50 Blueprints/Color prints $0.30/ square foot Report reproduction photocopying $0.081 page Automobile mileage at current IRS rate or $0.4451 mile Laptop computer (field projects only) $10.00/ day Cellular telephone (field project only) $10.00/ day A general and administrative charge of 15% will be applied to all other direct costs, inclusive of subcontractor charges. Per diem is charged at $160.00/day. A lodging surcharge will apply in high rate areas. Jones & Stokes Associates clients may reduce any current invoice by (1 %) of the billed amount if payment is made within 10 business days of receipt of said invoice. CONFIDENTIAL 4' 0 Jones & Stokes d 'a N F EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative ACORD, CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 05/17/2006 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE WialliNorth America Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR e 26 Century Blvd. P. 0. Box 305191 Nashville, IN 372305191 INSURED Jones & Stokes Associates 2600 V Street Sacramento, CA 95818 COVFRAnFR INSURERS AFFORDING COVERAGE INSURERA: American International NAIC# Linea In 26883-003 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR WDD'L TYPE OF INSURANCE POLICY NUMBER T POLICYEFFECTIVE POLICY EXPIRATION DATE MMM Y DATE (MMIDDNYL LIMITS A GENERAL LIABILITY PROP8085645 1. 10/1/2005 10/1/2006 EACH OCCURRENCE $ 1,000,000 X I COMMERCIAL GENERAL LIABILITY _ _ DAMAGE TORENTED PREMISES Be occurence $ 500 000 MED ERR(Any one person) CLAIMS MADE OCCUR $ 51000 PERSONAL& ADV INJURY X Pollution Liab incl $ 110001000 '.• Contractual Liabilit GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPIOPAGG GEN'L AGGREGATE LIMIT APPLIES PER. $ 1 ODD_ODD_ POLICY - - PRO- X aECT Loc I B AUTOMOBILE LIABILITY CA5054198 L10/l/2005 10/1/2006 COMBINED SINGLE LIMIT X ANY AUTO (Eeaooident) $ 1, 000,000 — ALLOWNEDAUTOS BODILY INJURY ' SCHEDULED AUTOS i (Per person) $ BODILY INJURY HIREDAUTOS $ NON OWNED AUTOS (Peraccident) I. PROPERTY DAMAGE - -- ---------- $ (Per accident) LIABILITY AUTOONLY EAACCIDENT $ _GARAGE —1 ANY AUTO OTHER THAN EA ACC AUTOONLV: AGO '.$ C EXXCESSUABILITY PROUB085646 10/1/2005 10/1/2006 EACH OCCURRENCE_ $ 5, 0000-, 000 I�X _ OCCUR CLAIMS MADE AGGREGATE _.- $ 5,000,000 DEDUCTIBLE g X RETENTION $ 10.00 $ D WORKERS COMPENSATION AND California WC3420386 10/1/2005 10/1/2006 X—TORYLIMITS OER O EMPLOVERS'LIABILITY — - D ANY PROPRIETORIPARTNER/EXECUTIVE All Other WC3420387 10/1/2005 10/1/2006 LEl. EACH ADO DENT $ _.. 1,000,000 OFFICERIMEMBER EXCLUDED? IELDISEASE-EA EMPLOYEE $ 1, 0.00 OOO (ryes, describe under r - —. SPECIAL PROVISIONS beIOW E.L. DISEASEPOLICYLIMIT $ 11000,000 A OTHER PROP8085645 10 1 2005 10/1/2006 $3,000,000 each lose Profesei onal Liability $3,000,000 aggregate Claims Made 50 000 deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEWEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Environmental Training and Consulting Services The City of Santa Ana, its officers, agents, employees, volunteers and representatives shall be named as additional insured for General Liability if required by written contract. If required by insured contract, such insurance as is afforded by this policy is Primary insurance and no other insurance of the ad 'tional Insured will be called upon to contribute to a loss. /. City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 ACORD 25(2001/08) Coll:1630908 Tpl:418844 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Cert:7 © ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. A(:VKV ZD(ZUU1/U8) C011:1630908 TP1:418844 Cert:7276853 ENDORSEMENT NO. 8 This endorsement, effective 12:01 AM 10/1/2005 Forms a part of Policy No: PROP8085645 Issued to: Jones & Stokes Associates By: American International Specialty Lines Insurance C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of $ 0.00 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you. Additional Insured: WHERE REQUIRED BY WRITTEN CONTRACT This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. V, 21_ AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 78123(6/01) C11486 EFFECTIVE DATE: 10/1/2005 POLICY NUMBER: PROP8085645 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates This Endorsement Changes the Policy. Please read it carefully. Additional Insured — Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Santa Ana, its officers, agents, employees, volunteers and representatives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984 ACORDre DATE F0912812006 CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAICk INSURED ,Tones & Stokes Associates INSURERA: American International Specialty Lines In 26883-003 2600 V Street Sacramento, CA 95818 ' �O( _� G� l0 a INSURER B: Commerce and Industry Insurance Company 19410-004 INSURERQ American International Specialty Linea In 26883-002 INSURER D: American Home Assurance Company 19380-001 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 00' TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY PROPS085645 10/1/2006 10/1/2007 EACHOCCURRENCE $ 11000,000 DAMAGE TO RENTED PREMISES Ea occurence $ 500,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED EXP(Any one person) $ 51000 PERSONAL&ADV INJURY $ 1,000,000 X Pollution Liab Incl. X Contractual Liability GENERALAGGREGATE $ 2.000.000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG S 1,000,000 PRO LOC POLICY FX JFCT E AUTOMOBILE X LIABILITY ANY AUTO CAS054198 10/1/2006 10/1/2007 COMBSINGLE LIMIT (Ea accitlen,dent)Q $ 11000,000 BODILY INJURY (Per person) $ ALLOWNEDAUTOS SCHEDULED AUTOS RECEIVED BODILY INJURY (Per accident) $ HIREDAUTOS NON-OWNEDAUTOS OCT 0 6 2006 PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO $ AUTO ONLY: AGG C EXCESSLIABILITY X OCCUR CLAIMS MADE PROU8085646 10/1/2006 10/1/2007 EACHOCCURRENCE $ 5,000,000 AGGREGATE $ 51000,000 DEDUCTIBLE $ X RETENTION $ 10 00 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY California WC3423144 10/1/2006 10/1/2007 X wRSTATT oTH- E.L. EACH ACCIDENT $ 1 QQp QQp D ANY PROPRIETOR/PARTNER/EXECUTIVE All Other WC3423143 10/1/2006 10/1/2007 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE. POLICY LIMIT $ 1 000,000 SPECIAL PROVISIONS below A orHER PROP8085645 10 1 2006 —io—Fi7 2007 Professional Liability $3,000,000 Each Lose Claims Nade $3,000,000 Aggregate 50 000 Deductible DESCRIPTION OF OPERATIONS/LOCATONS EHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Environmental Training and Consulting Services The City of Santa Ana, its officers, agents, employees, volunteers and representatives shall be named as additional insured for General Liability if required by written contract. Zf required by insured contract, such insuranca a,: �@,Vorded by this policy is Primary insurance and no other insurance f the 1 ted WS.AIliWe called u on to contribute to a loss. City of Santa Ana Planning and Building 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 ACORD 25 (2001/O8) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION f 7;- 7 REOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN iii,,, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Agency IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR RO96 Annex M-20 REPRESENTATIVES. AUTHORIZEDR tRESENTAnV Coll:1757908 Tpl:542217 Cer:7785 73 ®ACORD CORPORATION 198E Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) C011:1757908 Tpl:542217 Cert:7785173 ENDORSEMENT NO. 8 This endorsement, effective 12:01 AM 10/1/2006 Forms a part of Policy No: PROP8085645 Issued to: Jones & Stokes Associates By: American International Specialty Lines Insurance C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of $ 0.00 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you. Additional Insured: WHERE REQUIRED BY WRITTEN CONTRACT This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. � f— AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 78123 (6/01) CI1486 EFFECTIVE DATE: 10/1/2006 POLICY NUMBER: PROP8085645 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates This Endorsement Changes the Policy. Please read it carefully. Additional Insured - Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Santa Ana, its officers, agents, employees, volunteers and representatives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. VS y/y CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984