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ULTRASYSTEMS 2
City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). CITY Nt SAW Call 647-6520 if you have any questions. CLERK �� �. IL -------------- The agreement with No. A-2008- I `f0 V was completed on 6 13o 17-co I and final payment has been made. Department: ^� Phone/Ext.: Signature: Date: Yi31 12 3 �d12�a, INSURANCE ON FILE ARK MAY PROCEED UNTIL INSURANCE EXPIRES LLRK OF COUNCIL DAIS: 5' 5-08 0 Olenn q g?JAAF��) CONSULTANT AGREEMENT A-2008-140 `on a Ze v 6` THIS AGREEMENT, made and entered into this 2°d day of June, 2008 by and between ULTRASYSTEMS ENVIRONMENTAL, INC., a California corporation (hereinafter `Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM ['his Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 13, 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. 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, 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, 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 negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: 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: and Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 9270� telefacsimile (714) 973-1461 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: UltraSystems Mr. Robert Rusby 100 Pacifica, Suite 250 Irvine. CA 92618-7443 Telefacsimile (949) 788-4901 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shalt be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and at] other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with. or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. t2. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15, JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals. waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms ofthis 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 PATRICIA E. HEALY Clerk of the Council _ APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: ILI Lau Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REA City Manager ULTRASYSTEMS BETSY A. LINDSAY President/CEO ) p Tax ID# EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEMILE UltraSystems environmental. manage menteplanning April 11, 2008 Mr. Pedro Guillen, Associate Planner City of Santa Ana Planning Division, M-20 20 Civic Center Plaza Santa Ana, California 92702 Subject: Statement of Qualifications for On -Call Environmental Services Dear Mr. Guillen: UltraSystems Environmental, Inc. (UltraSystems) is excited at the opportunity to submit our qualifications to be considered for providing On -Call Environmental Services to the City of Santa Ana (City). The UltraSystems Team has been selected to provide the appropriate expertise and support for upcoming projects with the City. We are confident that the Ultrasystems Team is well -prepared to meet the needs of the City by dedicating a project team composed of individuals with the requisite technical experience to effectively perform and manage all contractual requirements. We can ensure the City that our current and anticipated workload is such that we will be able to perform the necessary project tasks in a timely and cost-effective manner. Our excitement and confidence stems from a track record of successfully completing nearly 4,000 environmental documents and technical studies for public and private sector clients throughout California since the founding of the firm in 1994. Our goal as the City's environmental consultant is to serve the needs of the City by assessing potential environmental impacts of all proposed projects and associated construction operations, and by developing well-defined technical studies and comprehensive environmental assessments to determine the most appropriate environmental document. UltraSystems will serve as the Prime consultant for the duration of the contractual period with the City. However, to supplement our services for project management, air quality, noise, biological resources, and hazardous materials resources, UltraSystems has teamed with two specialty firms: PacRim Engineering for geology/soils, hydrology, and traffic and transportation issues, and ArchaeoPaleo Resource Management, Inc. for cultural and historical resources. In our efforts to provide the City with unsurpassed quality services, UltraSystems has designated the most qualified and experienced professional staff members to provide On -Call Environmental Services. As Principal -in -Charge, I will be responsible for all contractual negotiations, QA/QC Program review, and the coordination of administrative resources. Corporate Office — Orange County 100 Pacifica Suite 250 Irvine, CA 92618-7443 Telephone: 949.788.4900 Facsimile: 949.788.4901�' ° r��1( y Website: www.ultrasystems.com .--, UltraSystems environmental.management•plonning Mr. Robert Rusby, AICP will serve as the Senior Project Manager and single point -of -contact for the City, thereby reducing redundant layers of management, and ensuring a streamlined communication process. Mr. Rusby has been actively involved in the preparation of project environmental documentation since the mid 1980s. He has successfully prepared over 400 environmental documents, including many high -profile environmental and technical documents for a broad range of projects encompassing various multidisciplinary areas. Mr. Rusby served as the Assistant Project Manager for the preparation of the EIR for the One Broadway Plaza project that will be built in the downtown Santa Ana area. He is also a 30-year resident of the City. We are confident that our directly -related experience, professional talents, and technical capabilities have been properly aligned to form a synergistic working relationship with the City. The UltraSystems professional staff assigned to this contract will serve in their respective technical roles for the duration of all projects. UltraSystems can assure the City that you will receive high -quality services, within budget and on schedule. We look forward to speaking with you further regarding our services, expertise, and experience, and how we can best assist the City on future projects. During the proposal review period and for contractual matters, I will be the point - of -contact. As the President/CEO of UltraSystems, I am a duly authorized officer of the firm that has the legal authority to bind and commit the firm to contractual obligations. I can be contacted at the Irvine headquarters of UltraSystems. My email address is: blindsay@ultrasytems.com. You may also reach me by telephone at (949) 788-4900, or by facsimile at (949) 788-4901. For technical questions related to our proposal, please contact Mr. Robert Rusby, the Senior Project Manager for this proposal, at (949) 788-4900, extension 270, or by emailing him at rrusby@ultrasystems.com. Should you have any further questions or concerns, please contact us at your convenience. Sincerely, Betsy A. Lindsay President/CEO STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES ON AN AS -NEEDED BASIS ULTRASYSTEMS REFERENCE NO. 080337 INTRODUCTION UltraSystems Environmental, Inc. (UltraSystems) is pleased to present our Qualifications to the City of Santa Ana (City) in response to the Request for Qualifications (RFQ) for Professional Environmental Consultant Services. UltraSystems is confident that its team of professionals will meet the needs of the City for the n iPl persnnalh proposed contract. One strength UltraSystems offers to the City is the assignment of key personnel urak'- sure. that rile who have either previously worked on projects for the City and/or who are considered leading hard work an<.1 egbrl professionals in their specific areas of expertise. Our approach to projects with the City will be that t:'F,1 has shorn based on many successful years of preparing California Environmental Quality Act (CEQA) and ,rich the ecpedi/ed sa» National Environmental Policy Act (NEPA) documents that address the environmental impacts for Diego ('reek request Is reflected in Hie various projects (commercial, industrial, retail, residential, transportation) throughout southern e non California. Preparation and review of CEQA and NEPA documents has been a core service of andtha and d,al t'L' I will 'Ll i UltraSystems since the founding of the firm in 1994. This expertise includes coordination with y g P de innelv,nove „p in local, State, federal, and other governmental agencies; managing public participation programs; the ranking. " )'inh issuing necessary legal notices; and incorporating the document into the overall planning process. II an, 1' 11. ('ivil Fngineer. Project UltraSystems' commitment to frequent communication means that the City will receive constant itanc{Qement, status updates and opportunities for correction as the project moves forward. The UltraSystems RDa4D.caut!v q) approach includes an appropriate level of reporting to the City staff to describe progress and discuss Orange issues related to the assignment. Regular communication will allow for necessary clarifications and corrections, thus minimizing budget and schedule impacts. Understanding of the City's Need for On -Call Environmental Document Services Successful interaction with municipal and other public agencies is often an essential aspect of any development or redevelopment venture. UltraSystems has acquired significant experience, by working with both developers and public agencies, on the full spectrum of land use, entitlement, and environmental issues. UltraSystems specializes in tailoring environmental documentation strategies to the particular priorities of our client. By working closely with public agencies and assigning compliance experts in the creation of Environmental Impact Reports (EIR) and Environmental Impact Statements (EIS), or Mitigated Negative Declarations (MND), Initial Studies (IS) and Environmental Assessments (EA), we have developed an aptitude for addressing the salient technical issues successfully. UltraSystems also prepares the technical studies required to support the analyses in our client's CEQA and NEPA documents. UltraSystems routinely assists its clients in minimizing the risks associated with the environmental review and documentation process by developing a sound environmental approach "up front" and after the approach is developed, supporting it with sound technical studies and analyses. A hallmark of our services is on time delivery. The development of a sound, early all-inclusive approach facilitates the project schedule. Yet, we are also responsive to any changes that are requested by our clients, while adhering to on -time performance. STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES ON AN AS -NEEDED BASIS ULTRASYSTEMS REFERENCE NO. 080337 FIRM AND PERSONNEL EXPERIENCE COMPANY PROFILE UltraSystems Environmental, Inc. (UltraSystems) is a full -service planning and `L`loaSrsteni.s environmental consulting firm that has been serving both public and private sector clients Participated in a throughout California since the founding of the firm in 1994. UltraSystems utilizes its broad Hairless joh iu range of experience with federal, State, municipal, transportation, water, and retail projects, as Preparing an well as with recreational, residential, commercial, industrial, institutional, and infrastructure- impenetrable jl?r Iega7 related projects, to prepare legally -defensible environmental documents and studies in full dOlUf7f CEQ.1 ucunzent fur the compliance with the California Environmental Quality Act (CEQA) and the National Sunshine Cum nn Environmental Policy Act (NEPA) and their guidelines. UltraSystems is also well -versed in prgieci in the county a/' the applicable State of California Department of Transportation (Caltrans) and Federal Los Aitgcles. " Daryl Highway Administration (FHWA) specifications, and with the governing rules and gmttnik, Alattrrgirig requirements of other regulatory agencies. Principal, Biological Sciences Impact UltraSystems has served as environmental consultant for nearly 4,000 documents for Sciences, Inc. development projects throughout southem California. UltraSystems' role in this City of Santa (Forrnerti' with the Co Ana contract is to provide a thorough evaluation of the environmental impacts associated with of Los Angetes/Dept of projects assigned by the City. Our goal is to provide each public agency involved in the Reglonal Planning project a sound, objective technical evaluation that will provide the basis for informed policy decisionmaking and regulatory permit approvals. We will provide an environmental team with local knowledge and expertise and that has an outstanding track record for delivering environmental documents on similar projects. The specific capabilities of the disciplines of UltraSystems to support the various City of Santa Ana projects are: Planning Services • Zoning and Special Purpose Legislation • Opportunities and Constraints Analysis • Urban Land Use Studies • GraphicsNisual Impacts and Studies CEQA/NEPA Compliance • EIR and EIS Documentation • Mitigation Monitoring • Public Participation • Permits and Entitlements • Regulatory Compliance • Responses to Comments • Findings/Statements of Overriding Considerations Construction Environmental Management • Stormwater Pollution and Prevention Planning • Hazardous Building Materials • Grading/Trenching Monitoring Hazardous Waste • Phase I and Phase II Investigations • Remedial Action Plans • Brownfields Redevelopment Technical Studies • Acoustical • Aesthetics • Air Quality/Greenhouse Gases • Noise Evaluation & Analysis • Paleontological Resources • Biological Resources • Health Risk Assessments • Historical Resources • Socioeconomics • Archaeological Resources • Geotechnical/Geologic/Hydrology • Infrastructure Capacity Analysis • Water Pollution Evaluation • Utility Studies Our reputation as problem solvers is based on our commitment to technical excellence, pragmatic problem solving, and meticulous communication in service to our clients. UltraSystems is committed to effective communication in every part of our services; this includes verbal and written communications to our clients, project team communications, producing reports, environmental documents, and public involvement. STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES ON AN AS -NEEDED BASIS ULTRASYSTEMS REFERENCE NO. 080337 ANTS stems has not encumbered itself with "loads of technical specialists," a practice which often increases overhead and labor costs. UltraSystems maintains relationships with key specialists through subconsulting arrangements. The ultants are then called on projects as needed. Clients are then able to work with a "lean project team" which is able )re flexible, highly responsive, creative, and open-minded to the requirements that each project presents. Engineering. Established in 1999, PacRim Engineering (DBE), a California Corporation, offers its clients al, value-added professional civil engineering consulting services. Its valued clientele includes private property •s, government agencies, transportation agencies, educational institutions, medical facilities, and port authorities it California. full -service civil engineering firm, we are experts in the preparation of complete Project Documentation for all aspects ,velopment and public works projects from initial planning studies, preliminary design, to final contract documents. ig the past decade, PacRim engineers have been involved with a number of large scale development projects, freeway :hange improvements, bridges rehabilitation and replacements, street improvements, and other infrastructure projects. brings invaluable knowledge of the unique Programmatic, Environmental and Technical aspects of a civil ing project to the Project Team. We take pride in our reputation as an innovator in Program Specific and Site - Engineering Design, custom tailored to the specific requirements of each individual project. The most current and i engineering technologies are incorporated in order to produce a functional and efficient project, all with the y to adapt to changing activity requirements and the ever-increasing demands of environmental responsibility. eoPaleo Resource Management, Inc. (APRMI) is a Certified Woman Owned Small Business designated by the Business Administration. Their firm is registered with the Better Business Bureau and the Central Contractor ,ation Center for Federal and State projects. In addition, they received certification as a DBE under the California Certification Program. The President of the company personally manages and oversees all projects. APRMI employs a diverse group of experts ;that supply each and every client with all historic and prehistoric mitigation services needed for each unique project. APRMI's 27 employees are fully experienced in all aspects of CEQA, NEPA, and Federal 106 requirements. The company's field crews are highly skilled and most are cross -trained in both disciplines of archaeology and paleontology. The field crews are extensively safety trained and work in diverse conditions, including oil production areas. The laboratory and office staff has the required education, training, and analytical skills to assure excellent laboratory results. APRMI specialized technical reports required for the client and lead government agencies are readable to the layperson while being detail oriented for scientific research. APRMI's large laboratory and storage facility allows them to work on archaeological and paleontologic collections in-house. APRMI's President maintains strong connections with many California museums and is privileged to be able to access their museum data base and archival collections. In addition, as a past local Planning Commissioner with a strong accounting background, the President brings an added understanding to the necessary requirements that each governing agency request while maintaining strong fiscal accountability and value to clients. When needed, APRMI hires area specific specialists to give clients the best product possible while continuing to maintain lower costs. �J111 STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES ON AN AS -NEEDED BASIS ULTRASYSTEMS REFERENCE NO.080337 INTRODUCTION OF KEY PROJECT TEAM MEMBERS The UltraSystems in-house staff consists of highly -skilled environmental professionals that have worked together on a wide variety of projects and are knowledgeable on the appropriate methodologies and study techniques required to efficiently and effectively complete the various environmental analyses in a timely manner. UltraSystems also has two specialty groups as part of its overall services, these being in air quality and noise, and the other in biological resources. These groups not only contribute to CEQA and NEPA environmental documentation but also prepare separate stand-alone technical studies. The biological group also provides assistance in coordinating with State and federal biological regulatory agencies as well as permit application preparation and processing. UltraSystems has selected Bob Rusby, ACIP, to lead this project as Project Manager based on his more than 30 years of hands-on experience managing and preparing environmental documents that meet the requirements of CEQA. Biographic outlines for Mr. Rusby and other key project team members are presented below. Full resumes for all project team members (key and support) are provided in the Appendix. This lengthier information is provided to demonstrate their proven management capabilities to accomplish project -specific objectives on time and within budget; their successful experience defending project -related documents subject to judicial review; and to highlight their proven capabilities implementing community outreach programs, which educate and seek to build consensus among diverse groups and organizations. An organizational chart is presented at the end of this section. Betsy Lindsay: Principal -in -Charge, Project Involvement: 30% As Principal in Charge, Betsy A. Lindsay will provide Bob Rusby with the corporate support required to meet the project's schedule, budget, and staffing requirements. Ms. Lindsay will provide project contract oversight for the project and will be responsible for ensuring contract compliance and implementation of UltraSystems' Quality Control Program and Project Management Plan. She will work with Mr. Rusby and City staff, and will be available for meetings, as needed, with the City. Betsy Lindsay is UltraSystems' President & CEO. Ms. Lindsay has acquired over 25 years of experience in the fields of environmental planning and permitting, redevelopment, fiscal impact analysis, economic development, and facility planning. Her primary responsibilities include business and project management, contract administration, resource allocation, and quality control. She also manages all corporate endeavors and assists with the QA/QC for many environmental documents. Specific responsibilities include overall project management, preparation and processing of CEQA/NEPA documents, and associated entitlement obligations for large-scale public and private infrastructure projects. Bob Rusby, AICP: Project Manager, Project Involvement: 50% Mr. Rusby, is a Senior Project Manager, with 33 years of experience in the management and preparation of environmental impact assessment documentation. Over his career, Mr. Rusby has successfully managed numerous projects for local jurisdictions in southern and central California, assisting them in completing environmental documentation in compliance with the California Environmental Quality Act (CEQA) as well as the National Environmental Policy Act (NEPA). One of his areas of expertise is completing environmental documentation for commercial projects (on behalf of public clients), and he has managed such projects for the cities of Santa Ana, Orange, La Verne, and Garden Grove, and the County of Kem. "Betsy, indeed it anus a pleasure ivorkinl"with Toil and lire Ylrlfl o/ 1.71raSiatrm.c orer llrc last //v'eeyear's. )1nt folks that a let good job n* us under the FX070 c'ontrart. ) ou were ahva)u ren responsile, Ieehnica/!v in gf1ciew and r'easonahle in costs. )uat hm'e plgoed a 7u00r rule in Jilcifloning ,"fell o s contraction program. Iliill look loi it and to lire oppertmii(v to iro+'k it you again in the Jirntre. " Ciul Peter Ripalel, Principal ', Euvirunneental Mr. Rusby will be the main point of contact between UltraSystems and City staff. He will have Specialist, MTA total responsibility for maintaining effective working relationships with the City staff, and between interested public and regulatory agencies, and all team members. He will ensure that the team is acting in the best STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES ON AN AS -NEEDED BASIS ULTRASYSTEMS REFERENCE NO. 080337 interests of the City and will verify that the work is completed is of the highest technical caliber. Mr. Rusby will keep the City staff informed of all significant foreseen and unforeseen project impacts on a timely basis throughout the life of this contract by way of informal and formal reporting via email, phone conversations and/or facsimile. Gene Anderson: Quality Assurance/Quality Control, Project Involvement: 20% As Director of Environmental Services, Mr. Anderson is responsible for the day-to-day operations of the Environmental Department, overseeing staff assignments, and ensuring the quality of the documents produced. He also serves in the capacity of Project Director/Senior Project Manager for high -profile projects. Mr. Anderson has 29 years of management and environmental planning experience. His specialties include land use, transportation, aesthetics, solid waste, energy, earth and water resources, air quality, solar access (shade/shadow), and community facilities planning. Kendall Jue: CEQA/NEPA Documentation, Project Involvement: 30% Senior Project Manager, Kendall Jue, has 28 years experience in the preparation of environmental impact assessment documentation. He is highly familiar with the requirements of both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). During his career, he has actively participated in the environmental analysis for natural resource development for mining and geothermal energy in compliance with the U.S. Bureau of Land Management (BLM) and U.S. Forest Service (USFS) NEPA guidance; highway improvement projects in compliance with the California Department of Transportation's (Caltrans) requirements; and major infrastructure projects in compliance with the regulations of various local, State and federal agencies such as the Los Angeles County Metropolitan Transportation Authority (Metro) for light rail tracks and stations, U.S. Air Force (USAF) for southern California military installations, and the Ports of Los Angeles and Long Beach for marine port facilities. He also participated in the preparation of the environmental document for one of the most controversial projects in the Los Angeles area, the expansion of the Los Angeles International Airport. Michael Rogozen, D.Env: Air Quality/Noise Assessment, Project Involvement: 30% Dr. Rogozen is highly experienced in air permitting in California, including ambient monitoring, dispersion modeling, assessment of pollution control technology, analysis of air pollution control alternatives, development of air toxics emission inventories, analysis of offsite consequences, environmental database and survey design, source test design and analysis, subsurface methane investigations, and regulatory analysis. Dr. Rogozen is responsible for consulting, technical project management, and business development. He has assisted industrial and governmental clients in complying with federal and local air quality regulations. Dr. Rogozen has worked on Pacific Municipal Consultant (PMC) projects involving air quality and noise analyses, and has established a successful working relationship with PMC offices. Alissa Cope: Biological Resource Services, Project Involvement: 30% As Manager of the Natural Resources unit, Ms. Cope has acquired significant experience in providing environmental services, including over 12 years in preparing, and supervising the preparation of, CEQA and NEPA documents and required supporting documentation. Ms. Cope is proficient at reconciling issues associated with development projects and sensitive environments into workable solutions for a variety of projects without ignoring environmental concerns or compromising environmental values. Moreover, she has negotiated and executed numerous regulatory compliance permits. As a Regulatory Specialist, Ms. Cope has a strong working knowledge of federal Clean Water Act Sections 404 and 401, Federal Endangered Species Act Section 7, California Department of Fish and Game Section 1600, and State Porter - Cologne Act compliance requirements. Her strong negotiating skills have resulted in consistently successful permit processing, completed in a timely and cost-effective manner for projects located within environmentally -sensitive areas. Dan Herlihy, RG, CEG, CHG, PG, REA: Hazards and Hazardous Materials, Project Involvement: 40% Mr. Herlihy has been involved with hydrologic testing and analysis since 1976, and has performed aquifer tests and hydrogeologic studies in a variety of geologic settings in California, Wyoming, New Mexico, Texas, Australia and Mexico. Mr. Herlihy has been selected as a Subject Matter 1sxpert (SME) by the California Board of Registration for Geologists and Geophysicists, for the purpose of developing qualif cations for the practice of hydrogeology in California. His hydrologic experience includes soil and groundwater assessments for remediation investigations and feasibility studies, and groundwater resource studies involving unconsolidated and fractured rocks. Mr. Herlihy has developed conceptual, finite STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES ON AN AS -NEEDED BASIS ULTRASYSTEMS REFERENCE NO. 080337 difference, and analytical modeling solutions to design groundwater remediation programs and to assess groundwater resources. Mr. Herlihy has prepared written ISO 14001 environmental management system documents for manufacturing facilities. He has implemented programs for Publicly -Owned Treatment Works (POTW) discharge monitoring, air monitoring, recordkeeping and routine reporting. Mr. Herlihy prepared Business Emergency Plans, Hazardous Waste Contingency Plans, Chemical Hygiene Plans, Lockout Tagout Programs, Hazard Communication Programs, Hearing Conservation Programs, Injury Illness and Prevention Plans (IIPP), Medical Surveillance Programs, Respiratory Protection Programs, Hazardous Waste Source Reduction Plans, Tiered Permitting Programs, and Storm Water Pollution Prevention Plans (S WPPP). He has prepared required reports including: Biennial Hazardous Waste Reports, annual Toxic Chemical Release Inventory Reports, Pre -Manufacture Notices, and Annual Emissions Reports. He has provided Hazardous Waste Operations and Emergency Response (HAZWOPER), DOT Hazardous Waste Handlers, and OSHA safety training, and he has acted as regulatory affairs liaison for manufacturing facilities. Peter Liu, P.E.: Traffic/Transportation, Project Involvement: 40% The engineering support will be led by Mr. Peter Liu, P.E. of PacRim Engineering. Mr. Liu is an accomplished project manager with more than 24 years of experience in the field of civil engineering. During his professional career, he has led cross -functional teams to execute multi -disciplinary projects in infrastructure, transportation, public works, building facilities, and architecture for a wide range of government clients and private customers. He understands a civil engineering project from initial conception, programming, preliminary design and final engineering, to the eventual construction through various federal and local funding processes and environmental clearances. For the City of Santa Ana, Mr. Liu recently led the engineering design of several public works projects including: the Second Street Fountain Project, the Santa Ana Zoo Restroom Renovation, the Eddie West Stadium Improvements, and the Civic Center Pedestrian Bridge Rehabilitation. He has demonstrated to the City his ability to work with City staff, understands City standards and procedures, and executes City projects on -time and within budget. Roy Kim is a Principal at PacRim Engineering. He will assist in conducting public outreach efforts and program pursuits. Mr. Kim has developed a broad understanding of governmental agencies in California. A community services veteran of over 13 years in Orange County, he served as an officer at the Assistant Vice Chancellor's office at the University of California, Irvine, funding, organizing and directing a broad range of educational, social and community programs with numerous governmental and private entities. He is experienced in the full spectrum of community services including strategic planning, program budgeting, organization, direction and operation of various programs, implementation of facility improvements, human resources development, and external communications. Mr. William Hsueh, P.E., is a Project Manager at PacRim, with over 10 years of experience in civil engineering. He will be responsible for Hydrology, Water Quality and Utility Studies. He has been involved in the project management and design of major residential communities in Orange, Riverside and San Bernardino Counties in recent years. Mr. Hsueh's main designs include rough and precise grading, street improvements, sewer and water plans, retaining wall plans, master site plans, and tentative maps. Mr. Hsueh performed the hydraulic studies, utility coordination, and the processing of regulatory permits from the Army Corps of Engineers, the State Regional Water Quality Control Board, and the California Department of Fish and Game for the Riverside Drive Bridge Over the Los Angeles River project. Mr. Fong -Ping Lee, Ph.D., P.E., T.E. established FPL and Associates, Inc. (FPL) in 1988. He has led the firm to provide traffic and civil engineering for various development, public works, freeway, and municipal transportation projects. FPL performed a traffic analysis as part of the CEQA/NEPA document to address the benefits of widening the First Street Over the Los Angeles River Viaduct to mitigate the proposed Eastside LRT project. He presented the VISSIM simulation model to show the light rail operation on signalized streets with or without bridge widening. FPL also completed a large collection of traffic data of ADT and intersection turn movements of the airport circulation to facilitate the Ontario Airport security analysis. FPL performed traffic analysis (HCS method) to evaluate the Level of Service for various geometric scenarios for the SANBAG I-IO/Cherry Interchange Improvement PSR/PR, and for the Riverside County Newport Road and Scott Road Improvement PSR. FPL prepared a Traffic Management Plan (TMP) for the OCTA I-405/SR-73 interchange improvement STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES ON AN AS -NEEDED BASIS ULTRASYSTEMS REFERENCE NO. 080337 and for the SR-125 toll road design/build to minimize the impact of construction on traffic operations. FPL prepared a 500-intersection ICU traffic analysis and data collection for County of Los Angeles. Robin Turner: Cultural Resources, Project Involvement: 30% As the President of APRMI, Robin Turner has worked as a professional archaeologist and paleontologist since 1992. She previously owned Cogstone Resource Management with a business partner before starting the current SBE/WBE/DBE- certified company. Ms. Turner has been involved with MTA for 14 years including 9 years as the archaeology and paleontology monitor for the Red Line. She has been affiliated with the George Page Museum and the Natural History Museum of Los Angeles for the past 18 years, and is one of only a small number of people that can perform both archaeology and paleontology consulting services. Ms. Turner understands the requirements and needs of the lead agencies and works well with the community. She is proficient in all NEPA, CEQA, NAGPRA, repatriation, State, federal, and local laws pertaining to archaeology and paleontology. Ms. Turner will be the Principal Investigator and Cultural & Historical Resources lead for this project. She is also responsible for writing cultural resource management reports in support of Environmental Review documents. Ms. Turner has worked on many long-term and/or linear projects and has worked with many governmental lead agencies. For instance, eighteen years ago, then -Mayor Tom Bradley, with the confirmed vote of the City Council of Culver City, put her on a citizens committee for the design and workability of the Expo Right -of -Way (ROW) bus and light rail line that ran through Culver City. Years later Ms. Turner became a Planning Commissioner for the City of Culver City and ran for city council in 1998. Commitment of Service UltraSystems is motivated and committed to exceed the City's expectations on task assignments within the desired time frame. It is our goal to demonstrate to the City of Santa Ana that the UltraSystems Team has the qualifications and experience to fulfill the the City's needs for this solicitation. We will manage each task from our Irvine office, which is staffed by highly qualified professionals working in a range of environmental disciplines. We guarantee that the key team members, and most important, the Project Manager, will be available to respond to requests in a timely manner and that no team member will be replaced without prior notification to the City. UltraSystems LINDSAY, CEO GCity of Santa Ana JSBY, AICP Environmental Task Managers* and Key Staff GENE ANDERSON ....w...�..aauo.. &-Housing _ Studies Resources Kendall Jue* L Renee Crookston L Carl Hung FAdna Rogozen, D.Env* Alissa Cope* Renee Crookston Chang Sandra Murcia Jessica Wilkinson, AICP McDonald Frances Lin Carl Hung , s rTtaffie &" . _....,-- ''TllstilrlCdi �`4 ardous s, 'Ioils,'.HydrologY Transportation -sfi._"Resources :%�.' Waste dr $� ""''' Water Quality Peter Liu, PE* Robin Turner, MA Dan Herlihy, RG, CEG, CHG, PG, REA* William Hsueh, PE q' Roy Kim Edward Plummer, Ph.p, RPA Edith Kunihiro Fong -Ping Lee, Ph.D, PE, TE Shannon Loftus, MA RPA r , Adrianna Jackson, MA, RPA r'a5 ystems Environmental Inc. 67Wt,; o.Resource Management, Inc. I Professional Environmental Document Services on an On -Call Basis Organizational Chart UltraSystems Environmental Standard Rate Schedule — Environmental Services Effective January 2008 Professional Staff Hourly Rates Principal $200.00 Project Director $165.00 Senior Environmental Scientist/Engineer $155.00 Manager— Natural Resources $150.00 Senior Project Manager $140.00 Project Manager $130.00 Scientist/Engineer $120.00 Senior Planner $110.00 Senior Biologist $ 105.00 Associate Planner $ 90.00 Assistant Planner/Environmental Analyst $ 85.00 Staff Biologist $ 70.00 Support Staff Computer Illustrator/Video Imaging $ 85.00 Graphic Illustrator/GIS Conformance $ 75.00 Word Processor $ 75.00 Technician $ 70.00 Intern $ 45.00 Computer for CAD/GIS Application $ 15.00 Computer for Engineering/Environmental/Word Processing/Spreadsheets $ 10.00 Photo Copier — B/W $ .10 per sheet Photo Copier — Color $ 1.00 per sheet General Consultant support (printing, reproduction and other direct expenses) will be billed at a rate of cost plus twenty (20) percent. Automobile mileage will be charged at a rate of $0.55 per mile. Travel time will be billed as indicated in the hourly rate schedule above. Authorized overtime for support staff will be billed at one and one-half 01/I) times the standard billing rate. Statements are payable upon receipt, and will be submitted monthly for work in progress and at completion of contract obligations. Fees not paid within sixty (60) days of invoice date will be assessed an interest charge of one and one-half (1%) percent per month from the date due (net 30). Attorney fees and court costs incurred with collection of delinquent accounts will be borne by the client. STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES ON AN AS -NEEDED BASIS ULTRASYSTEMS REFERENCE NO, 080337 SCOPE OF SERVICES UltraSystems proposes to work as an extension of City of Santa Ana (City) staff on the preparation of complex environmental studies relating to CEQA and NEPA that cannot be prepared by City Staff. This may include the preparation of required technical studies to support the analysis in environmental documents, 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 and any other on -call consulting services requested by City Staff. We will also prepare the appropriate environmental document for all City projects, for example, negative declarations for projects that qualify, or an EIR for projects that will create a significant impact on the environment that cannot be reduced by mitigation measures to be included in the project EIR. We will coordinate with City staff, other consultants and agencies to achieve satisfactory and timely delivery of the project's final environmental work products. UltraSystems anticipates that coordination will be needed with project applicant/developers, neighborhood and civic groups, EPA, state agencies and boards, the County of Orange and other local agencies and consultants. UltraSystems will check with City staff on how this coordination is to be carried out, with coordination efforts performed by UltraSystems directly, through the City, or by the City only with the above entities. Any coordination efforts requiring agreements will be coordinated through the City. UltraSystems will provide the City with experienced and knowledgeable professional staff. Our Project Manager, Mr. Bob Rusby AICP, is a 30-year resident of the Park Santiago area of the City and was a former County of Orange Planner who worked in the County/Santa Ana Civic Center for 15 years on a variety of publicly- and privately -initiated projects . He is very familiar with all parts of the City and has also worked on a number of major projects in the City, including the approved One Broadway Plaza project, development of the Sheriff's Intake Release Facility next to the existing Sheriffs headquarters building in downtown Santa Ana, and supporting parking structure. All other UltraSystems staff members and subconsultants who would work on City project environmental documentation are considered experts in their fields and will be under the direction of Mr. Rusby at all times. All UltraSystems staff proposed to prepare the City's project documentation are knowledgeable and very familiar with the federal (including FAA regulations for projects near John Wayne Airport), State, and local regulations, policies, and procedures that are required to prepare CEQA and NEPA environmental documents that are legally defensible, yet readily understandable by anyone reviewing these documents. The UltraSystems Project Manager will serve as the main point of contact with City staff on the preparation of City project environmental documentation. He and all project staff members will be responsive to and maintain a good working relationship with City staff, project applicants, property owners, developers and any others involved in using the environmental document to issue permits for a project under environmental review. We also will provide adequate staffing levels at all times on any City project we are working on, in order to adhere to the schedule established for the project. UltraSystems also has built in cost controls that will help keep project costs within the agreed -upon environmental documentation budget established for a project. The UltraSystems Project Manager and other necessary staff will attend appropriate City Commission, City Council, neighborhood meetings and County Airport Commission meetings on City projects. We will also be responsible for preparing, distributing, and filing environmental noticing documents including the project NOI, NOA, NOC, NOP, and NOD. These notices will be filed with the State Clearinghouse and the Orange County Clerk, as necessary. UltraSystems will also prepare all of the studies and technical reports listed on Page 3 of the project RFP. As required by CEQA, we will also prepare a Mitigation Monitoring Plan for all NDs and EIRs prepared on City projects. Responses to all written comments received on project NDs, EIRs, and EAs will also be prepared by our staff. Should a City project create any unavoidable adverse impacts, we will prepare the necessary Findings and Statement of Overriding Considerations for review and approval by the City staff and City attorney. 19 Ir ArchaeoPaleo Resource Management, Inc. A full service Archaeology and Paleontology company 2008 Hourly Rate Sheet Archaeology Field/Lab Technician $49.00 Archaeology Field/Lab Supervision $61.00 Archaeology Project Management $78.00 Paleontology Field/Lab Technician $49.00 Paleontology Field/Lab Supervision $61.00 Paleontology Sr. Paleontologist $74.00 Paleontology Project Management $78.00 cost Tracking Mileage is charged at the rate of .505 cents per mile or as determined by Federal rate changes. Other reimbursable expenses such as expendable field or lab supplies and rental equipment will be billed at cost on an as needed basis. If the project requires artifact or fossil recovery, additional charges not listed may apply. Additional contingencies may include: Overtime (at client's request) Attendance at unscheduled meetings Excavation, recording, collecting or testing outside regular monitoring hours Outside services for specific unusual artifact or fossil analysis Native American consultation if burials are recovered All expenditures not included in the items mentioned above or over $5000.00 in individual item purchase cost will have written approval by the client before processing occurs. If you need clarification or additional information, please call Robin Turner or Marea Perez in the office with questions or comments. (310) 823-2850 ph 13368 Beach Ave. (310) 823-2851 fax Marina del Rey, CA 90292 PACRIM ENGINEERING SCHEDULE OF HOURLY RATES January 1, 2008 Principal Engineer ............................... * ... * ....... — $165.00 ...................I...I..........................160.00 Project Manager ...................................................160.00 supervising Engineer ...........................................160 150.00 Senior Engineer .................................................... 25.00 Associate Engineer ...............................................1 110.00 Senior Design Engineer ....................................... ...................*...*..................*........95.00 Design Engineer ....................................................95.00 90.00 CADDrafter ...................................... * ........ — ......... .......................................*...*..........65.00 Technical Aide .......................................................65.00 Reproduction and outside vendor', service, will be invoiced at cost plus fifteen Percent (15%). A subconsultant markup of fifteen Percent (15010) will be applied to the direct cost Of all subconsultant services. 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: I . 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 4 Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative DATE(MMIDDIYYYY) ACORD,x CERTIFICATE OF LIABILITY INSURANCE 07/29/2008 HMS Services Insurance Agency 1910 W Sunset Blvd. Ste 610 Los Angeles, CA 90026 213-484-9707 INuKtu Ultrasystems Environmental 100 Pacifica Irvine, CA 92618 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC# INSURERA: Hudson Specialty insurance Co 37079 INSURERe: Republic Indemnity Co. of Amer 22179 INSURERe Bcottedale Insurance any 41279 INSURER D: 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IxsR ov I LTR IxsaD TYPE OF INSURANCE POLICY EFFECTIVE POLICY NUMBER DATEIMMIDDIYYI POLICY EXPIRATION DATE(MMIDW) I LIMITS GENERAL LIABILITY 11 EACH OCCURRENCE $ 2,000,000 PREMISES Ea mmm.I Is 50,000 X , COMMERCIAL GENERAL LIABILITY :z CIAIMSMADE C OCCUR MEDEXP(AnyonePerson) $ 5, 000 A X Cont.Poll.Liab FEC7000047 I10/27/2007 10/27/2008 PERSONAL SADVINJURY $ 2,000,000 GENERAL AGGREGATE s 5,000,000 PRODUCTS - COMPIOPAGG $ 5,000,000 FIEI AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY _ANYAUTO COMBINED SINGLE LIMIT (E...XJenI) S 1,000,000 BODILYINJURY $ (Per Person) ALL OWNED AUTOS ' SCHEDULED AUTOS A . ]L HIREDAUTOS FEC7000047 10/27/2007 10/27/2008 X NON-OWNEDAUTOS 1 BODILYINJURY $ (Peraccident) PROPERTY DAMAGE $ (Peraccitlent) GARAGE $ EAACC OTHERTi$ $ —� ANYAUTO ( --- AUTOONCVNEAACCIDE AGG EXCESSIUMBRELLA LIABILITY OCCUR CAI CLAIMSMADE I' .� s EACH OCCURRENCE "; $ AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ B WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY 163193-04 9/l/2007 9/1/2008 ANY PRDPRIETOR/PARTNER,EXECUTNE OFFICEwMEMBER EXCLUDED? Sxec Officer Excluded WCSTATU- OTH-i XI TORYLIMITS ' ER ' E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 SPECIAL SPECIAL PROVISIONS below PROVISIONS E. L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER A Prof.E&O Liab FEC7000047 10/27/2007 110/27/2008 2,000,000 per occurrence retro date: 9/9/94 5,000,000 aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS "for" Environmental Services The City of Santa Ana is included as additional insured as respects work done for them by the named insured. City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Planning & Building Agency DATE THEREOF, THE ISSUING INSURER WILL ENBEIVOR-T6 MAIL 30 DAYS WRITTEN 20 Civic Center Plaza (M20)PO BOX 1988 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HUTFAILURE 39-BOSO-SMALL Santa Ana, CA 92702 IMa0.SE.-N©-OBLM,ATKNJ-OR-4uiBILIT`Y'-c)FJsjw'Y-'I'UO`No-uPlw-ral//E`JN's'uR—E,R/,+TsaGE#Ts-OR bapp Bill Apple, Associate Planner UTHORIZRTAAMEE AUTHORIZED REPRESENTATIVE bapple®santa-ana.org ' ACORD25)2001108) ©ACORD CORPORATION 1988 t) HUDSON Ultrasystems Environmental, Inc 1%n/ 1,v5^'RANce- Endorsement Number: S AUTOMATIC ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS This endorsement, effective 10/27/07 attaches to and forms a part of Policy Number FEC6110554. This endorsement changes the Policy. Please read it carefully This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. FEI-0104-319-E HUDSON Vi)WSURANCE 11 Ultrasystems Environmental, Inc Endorsement Number: 9 AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT This endorsement, effective 10/27/07 attaches to and forms a part of Policy Number FEC7000047. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. FEI-0104-320-E C*\ HUDSON Ultrasystems Environmental, Inc. ° 5URANCt- Endorsement Number: 20 AUTOMATIC PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT — DESIGNATED WORK OR PROJECT(S) This endorsement, effective 10/27/07 attaches to and forms a part of Policy Number FEC7000047. This endorsement changes the Policy. Please read it carefully This endorsement modifies insurance provided under the following: SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $ Applied . and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. FEI-0104-548-E