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SWCA ENVIRONMENTAL CONSULTANTS
City of Santa Ana Clerk of the Council - AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. 2013 AUG —7 A1 Return form to the Clerk of the Council Office (M-30). C I 'v TA Call 647-5237 if you have any questions. w p � � A -0, ----------------------------------------------------- ^---^---------IL -------------- The agreement with No. - 21 am / - was completed on 3012M--9 and final payment has been made. Revised 07-23-07 Department: Q �, Y-r Phone/Ext.: 7:7-1Z, Signature: 2 ! `= Date: �,I 31 f 13 INSURANCE ON FILE `,�JORK MAY PROCEED A-2008-135 ;NTit.INSI)RANCE EXPIRES CLER�NC L ZOOS DATE: SEP U r' (`) CONSULTANT AGREEMENT 'F.l'lrt �LrY;G THIS AGREEMENT, made and entered into this 2"d day of June, 2008 by and between SWCA Environmental Consultants, a Arizona 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: 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 This 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, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance 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. 7. 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: 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: SWCA Environmental Consultants Attn: Judy McKeehan, Project Manager 23392 Madero, Suite L Mission Viejo, CA 92691 Telefacsimile (949) 458-9058 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. 11. 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 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, 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 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 xhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the bo y of this Agreement. IN WITNESS EREOF, the parties hereto have executed this Agreement the date and year first above wri ten. CITY OF SANTA ANA AT°TE! .. PATRICIA E. HEALY �i DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Ladfra Sheedy i Assistant City Attorney SWCA ENVIRONMENTAL WBORKAN California Managing Partner Tax ID# b^V - a`tnj% EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEDULE W LT, Orange County Office 23392 Madero, Suite L Mission Viejo, CA 92691 Tel 949.770.8042 Fax 949.458.9058 YAVW.SWCa.COM 4 April 10, 2008 Mr. Pedro Guillen City of Santa Ana 20 Civic Center Plaza, M-20 PO Box 1988 Santa Ana, CA 92702 Dear Mr. Guillen, Thank you for taking the time to contact us. Enclosed per your request is the Statement of Qualifications for SWCA Environmental Consultants (SWCA). A formal proposal will be provided when a project is specified. SWCA's presence in California dates to 2001, when the firm acquired RMW Paleo Associates in Orange County. During our 26 years of environmental consulting in California, our team has provided expertise on thousands of projects for numerous private and public sector clients in support of many types of projects including landfill, land development, energy and power, fiber optic, water, and transportation. Now as SWCA, we have combined our collective expertise to enable us to provide the utmost in quality and affordability to our valued clients. Our team's technical experience includes the entire range of services called for: archaeological survey, archaeological monitoring and site recording, paleontological monitoring and locality recordation and mapping, salvage, site evaluations, specimen preparation and curation, laboratory analysis of artifact, ecofact, and fossil specimens, special studies and analyses, report preparation, and meeting attendance. SWCA's team is thoroughly familiar with the prehistory, history, and geology of California, having conducted research and remediation throughout the state. Past project experience can be shown to meet or exceed the operational and technical requirements to provide cost-effective archaeological and paleontological resources management services to the City of Santa Ana. SWCA has three Orange County - certified paleontologists on staff: Cara Corsetti, Dr. Paul Murphey, and Mark Roeder, as well as three Orange County -certified archaeologists: Joan Brown, Michael Tuma, and Susan Underbrink. SWCA's staff. will act as an extension of the City of Santa Ana's own staff, forming a comprehensive and responsive team. We are experienced communicators and facilitators with expertise on large project teams including federal, state, and city agencies, construction personnel, contractors, and the general public. Operationally, our experience working with city and county governments, private developers and state and federal agencies will be an asset to the City of Santa Ana. In closing, SWCA wishes to affirm our commitment to the City of Santa Ana and to the complete success of any project we complete for the City. We believe the City of Santa Ana will be rewarded with a very effective team able to tackle projects of small or large scope. Please let me know if you have any questions regarding our environmental services.. I would be happy to discuss our capabilities further with you. I can be reached at jmckeehan@swca.com, or at (949) 770-8042. Sincerely Ju y McKeehan Project Manager Statement of Qualifications � t STATEMENT OF QUALIFICATIONS The Firm SWCA Environmental Consultants is a multidisciplinary firm of environmental planners and scientists, with specialized expertise in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) com- pliance, cultural and natural resources management, permitting, and planning. We help clients achieve their objectives by reconciling potential conflicts be- tween human activities and environ- mental quality, using sound science to develop creative solutions. Dr. Steven W. Carothers founded SWCA, Inc., in 1981 as a NEPA and environmental science firm. Over the ,� p following two decades, SWCA became'' - recognized as a high quality full -service environmental services company, serving public and private clients throughout the United States. SWCA has expanded from a sole proprietorship to a 100% employee -owned corporation with more than 400 employees and 20 offices in 1 1 states, including four offices in California. SWCA is an Engineering News -Record Top 200 Envi- ronmental Firm. SWCA's presence in California dates to 2001, when the firm acquired RMW Paleo Associates in Orange County. Since then, SWCA's California presence expanded to include major offices in Sacramento, Pasadena, and San Luis Obispo. In 2008, the Morro Group was acquired as a division of SWCA. Located in San Luis Obispo, the Morro Group has provided clients with high quality environmental planning and natural resource management services since 1983. SWCA's experienced staff can provide clients with the following services: ® California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents ® Cultural Resource Management Ef Paleontological Resource Management in Natural Resource Surveys, Management, and Compliance IN Clean Water Act Section 404 and Storm Water Permitting Is Environmental Compliance Monitoring ® Other Services - Environmental Constraints Analyses - Training Services - -Facilitation and Public Involvement - Geographic Information System (GIS) services SWCA ENVIRONMENTAL CONSULTANTS STATEMENT OF QUALIFICATIONS I CEQA and NEPA Services SWCA excels at preparing technically adequate, legally defensible, and understandable CEQA and NEPA documents to enable approval and speedy implementation of both public and private projects. The experienced SWCA staff has completed hundreds of CEQA and NEPA documents. CEQA documents include Environmental Impact Reports (EIRs), Initial Studies and Negative Declarations (NDs), Mitigation Monitoring and Reporting Programs (MMRPs), and CEQA findings. NEPA documents include Environmental Impact Statements (EISs); Environmental Assessments (EAs), and Records of Decision (RODs). SWCA professionals have managed, written, and produced CEQA and NEPA documentation for projects of all sizes and types. Project types have included residential, commercial and industrial land development; wineries; parks; mining; water resources; energy production and distribution; transportation; pipelines, fiber optic cables and other linear projects; landfills; and natural resources man- agement plans. In addition to preparing entire CEQA and NEPA documents, SWCA has the quali- fications and experience to: • Prepare key technical sections of CEQA and NEPA documents • Conduct strategic third -party review of CEQA and NEPA documents prepared by others • Comprehensively administer the CEQA process for agencies needing additional staff resources, including staff reports and presentations • Write lead agency CEQA and NEPA compliance manuals (SWCA staff co - coauthored two industry -standard desktop references, the CEQA Deskbook and The NEPA Book) • Conduct CEQA and NEPA training • Prepare and implement mitigation monitoring and reporting programs • Provide litigation support when CEQA and NEPA documents are judicially challenged SWCA has professionals with expertise in all aspects of the CEQA and NEPA processes, including in-house air quality, noise, and visual resource assessment specialists, The quality of SWCA's environmental documents has been recognized over the years by the industry through three Association of Environmental Professionals "Outstanding Environmental Document" awards. SWCA ENVIRONMENTAL CONSULTANTS i! STATEMENT OF QUALIFICATIONS f Cultural Resource Management SWCA's cultural resources specialists provide a wide range of services to help , clients achieve compliance with federal, state, and local regulations. We special , _:____ ize_in---compliance . with the National Historic Preservation Act of 1966 (NHPA), the Archaeological Resources Protection Act of 1979 (ARPA), the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), the American Indian Religious Freedom Act of 1978 (AIRFA), and the cultural re- sources requirements of CEQA. SWCA's archaeological services include literature searches, reconnaissance studies, intensive archaeological surveys, i preservation and treatment plans, " " memoranda of agreement, site test- ing/evaluations, full-scale excavation for data recovery, construction monitoring, impact mitigation management, and site preservation. Our professional archae- ologists are thoroughly familiar with applicable regulations governing the treat- ment of cultural resources. Additionally, the firm maintains the laboratories and equipment required for any cultural resource undertaking. SWCA's historic preservation services include archival research, resource surveys of historic buildings, historical overviews, preservation plans, interpretive plans, National Register nominations, and evaluation and excavation of historical ar- chaeological sites. Extensive experience in determinations of eligibility for listing in the National Register of Historic Places (NRHP) qualifies SWCA staff to evaluate the significance of historic properties with efficiency and accuracy as well as negotiate preservation strategies for clients through the California Office of Historic Preser- vation and the National Park Service. All services conform to the Secretary of the Interior's Standards for Historic Preservation. SWCA's applied anthropological services include consultation with the California Native Heritage Commission (NAHC) and NAHC-listed groups; NHPA Section 106 consultations to identify and evaluate Traditional Cultural Properties (TCPs) that have religious or cultural significance for traditional communities; NAGPRA consultations to establish tribal affiliations with burials encountered during ar- chaeological testing and other project -related activities; and AIRFA consultations to identify and evaluate project impacts on places that are considered sacred by Native American groups. Consultation services include bibliographic and archival research, personal interviews, treatment recommendations, assistance with NAGPRA agreements, and evaluation's of TCPs for eligibility to the National Regis- ter of Historic Places. 5"WCA lilt ENVIRONMENTAL CONSULTANTS 3 STATEMENT OF QUALIFICATIONS Paleontological Resources Management SWCA's paleontological staff has more r than 20 years of combined experience in paleontological consulting services throughout California and the western U.S. Because we have one of the largest paleontology staffs of any private con - suiting firm in_. the country, SWCA can r tackle paleontology projects of any scale quickly and cost-effectively. SWCA combines extensive experience' nY 5 with innovative, cost-effective, and common sense strategies for the as- sessment, management, mitigation, and conservation of paleontological re- . sources. We provide all aspects of r , paleontological resource services in- cluding monitoring and mitigation, third- ` party review, assessment, collection, documentation, analysis, preparation, conservation, and education. We assist our clients in obtaining paleontological permits and clearances, facilitate the achieve- ment of paleontological resource management objectives, and design and pro- duce educational and interpretive displays. Paleontology sections of NEPA and CEQA documents prepared by our staff are both science -based and readable. Our scientists and resource specialists work closely with land managers, regulatory agencies, public and private sector clients and museums. SWCA's paleontological team includes experienced and permitted field personnel and laboratory techni- cians all backed by a motivated support staff. We team with museum profession- als and other specialists on a regular basis to allow us to respond to expedited schedules and compressed timeframes. SWCA is fully permitted to provide services across the West and maintains reposi- tory agreements with major regional museums. We have expertise with federal, state and local government regulations and compliance standards, and we con- duct studies without interrupting project schedules. We have a solid reputation for prompt preparation of deliverables. SWCA ENVIRONMENTAL CONSULTANTS 4 STATEMENT OF QUALIFICATIONS Natural Resource Management - Natural Resource Management (NRM) •Field surveys and services provided by SWCA include: r 3 inventories - • Habitat, wildlife, and botanical surveys, inventories, mapping," T,:.-� Vy • Biological monitor - rk..r> and reporting M ing • Sensitive species protocol -level ® • ` Endangered , -' surveys and reporting Y p g species habitat • Compliance with the federal evaluations and California Endangered - Species Acts (ESAs), the Clean ESA consultation Water Act Section 404 program, �.� _ ,`` Y =' and permitting and California Department of = ® Biologists hold Fish and Game (CDFG) Section � .�``� ' " . 1601/1603 streambed t alteration agreements., USFWS , 7 0(a) (1) (a) recovery permits r • Oak tree and oak woodland evaluation and protection • Revegetation and restoration planning, construction supervision, and monitoring SWCA has conducted field surveys and inventories, and prepared biological reports, for most terrestrial and aquatic habitats found in California. Additionally, we provide natural resource studies such as endangered and special concern species surveys (terrestrial and aquatic), habitat evaluations (terrestrial and aquatic), and wetland inventories and delineations. Biological assessment reports are typically prepared to meet lead agency and CDFG standards, and include field surveys, California Natural Diversity Data Base (CNDDB) and literature review, agency consullation, mapping, reporting, and assessment of project impacts and mitigation measures SWCA has performed endangered species habitat evaluations and surveys in habitats of all types, including desert, grassland, woodland, forest, alpine, ripar- ian, wetland, freshwater, estuarine, and marine environments. Our biologists are experienced with surveys, reports, and monitoring for numerous special status species, such as the California gnatcatcher, snowy plover, California least tern, California clapper rail, light-footed clapper rail, southwestern willow flycatcher, least Bell's vireo, fairy shrimp and vernal pool species, California red -legged frog, western pond turtle, blunt -nosed leopard lizard, burrowing owl, kangaroo rats, giant garter snake, San Joaquin kit fox, and desert tortoise. Our biologists hold USFWS collection permits for many specific listed species. SWCA specializes in helping clients navigate ESA consultation and permitting. SWCA biologists have completed biological assessments (BAs) for many listed species or species proposed for listing. We assist formal and informal consulta- tions under Section 7 by participating in negotiations with the USFWS and prepar- ing Biological Assessments and mitigation plans. SWCA environmental planners and biologists have also helped develop numerous Section 10(a) incidental take permit packages, including local and regional Habitat Conservation Plans (HCPs) and their required NEPA documentation. SWCA 5 ENVIRONMENTAL CONSULTANTS STATEMENT OF QUALIFICATIONS Clean Water Act: Section 404 and St®rmwater Permits ` Section 404 of the Clean Water Act f (CWA) regulates the discharge of dredged or fill materials into wetlands - and other waters of the U.S. Ongoing "sz changes in the definition of jurisdictional water subject to Section 404 require project proponents to obtain up-to-date c expertise. For many years, we have j'ei4 worked with U.S. Army Corps of Engi- neers (USACE) Regulatory Branch staff, and have developed a strong coopera- tive relationship with permitting person R� NEI�i�l g nel in USACE California offices."�R�:�.�'".�. '� 1, SWCA provides a full range of services w= for Section 404 compliance, including jurisdictional waters and wetlands " delineation, preparation of permit applications and pre -construction notices, Section 401 certification, preparation of habitat mitigation and monitoring plans, and preparation of Section 404(b)(1) alternatives analyses. We also assist clients with NEPA, ESA, and NHPA compli- ance, often required as part of the Section 404 permitting process, as well as wetlands and waters -related permits required by the CDFG and Regional Water Quality Control Boards. Stormwater permitting is another area of SWCA expertise. The EPA's National Pollution Discharge Elimination System (NPDES) program, to reduce stormwater runoff pollution, requires construction and industrial activities to undertake best management practices (BMPs). SWCA specializes in preparing stormwater pollu- tion prevention plans (SWPPPs), which delineate BMPs and comply with all EPA regulations. SWCA prepares SWPPP permitting documents, notices of intent (NOls), mandatory inspection forms, and notices of termination (NOTs). SWCA ENVIRONMENTAL CONSULTANTS 1J 0 STATEMENT OF QUALIFICATIONS- Environmental Compliance Monitoring �- SWCA helps regulatory agencies ensure that construction personnel meet all environmental permit requirements. We often bring an integrated team of biologists, cultural resource specialists, and paleontologists to provide compre- hensive monitoring services. SWCA f excels at quickly mobilizing and man- aging field crews for construction monitoring and data recovery. SWCA is skilled in developing and delivering training courses for construc- tion personnel. Our monitoring staff assures compliance with permit condi- tions and maintains frequent communi- cation among construction personnel, regulatory agencies, and the project proponent. We respond quickly to accidents and variances, mitigating environ- mental damage while allowing construction schedules to be met. Other Services Environmental Constraints ,analyses Prior to undertaking the CEQA, NEPA, or permitting process, project proponents typically have to tackle the critical step of site selection. SWCA has professionals who are experienced in conducting environmental constraints analyses (ECAs) to identify sites with the least environmental constraints, and in redesigning project footprints to avoid sensitive resources once a site has been selected. By pre - mitigating project impacts, these upfront siting services save project proponents time and money in subsequent environmental review and permitting processes. SWCA has prepared both comprehensive and focused ECAs, for both public and private projects. Facilitation and Public Involvement SWCA also provides community relations, facilitation, and public involvement services, either as part of the CEQA or NEPA process, or as stand-alone services. In today's climate of environmental awareness, our clients deal with increasingly complex issues that require integration of science and planning, and often involve a variety of groups with diverse interests. Training SWCA develops and conducts customized training to meet client needs, which focus on particular aspects of planning, regulatory compliance, or collaboration. We have nationally recognized training experts in cultural resources management, collaboration, environmental mediation, NEPA, and CEQA. These experts are cognizant of the latest legal and practice developments. Each training course provides an overview of legal requirements (often taught by in-house attorneys), SWCA ENVIRONMENTAL CONSULTANTS ® Construction monitoring Data recovery O 0 Compliance with permit conditions' o Environmental - training for con- struction personnel r 7 STATEMENT OF QUALIFICATIONS implementation. methods, and extensive hands-on guidance based on real -life case studies. Geographic Information Systems Most SWCA reports include d high level of mapping and graphics prepared using CAD and GIS technology. SWCA analyzes, manipulates and disseminates multiple layers of geographic information. We combine CAD and global positioning system (GPS) data with remote sensing applications to produce databases, digital maps and other geospatial products. ESRI and ERDAS Imagine GIS software provides us with the ability to create geographic data and applications that can be easily integrated into reports. Representative Clients SWCA has provided expert environmental consulting services to a wide variety of California public and private sector clients. - AMEC Earth & Environmental Division - Aspen Environmental Group - Associated Pacific Constructors - Athens/Driftwood Properties, LLC BRH Garver, Inc. CH2M Hill Capital Pacific Homes Centex Homes Chevron Land and Development Company Christopher A. Joseph & Associates City of Costa Mesa City of El Cajon - City of Indian Wells - City of Laguna Niguel City of Los Angeles - City of Sacramento City of San Juan Capistrano - Coffman Associates County of Colusa - County of Kern - County of Orange County of Riverside - County of Sacramento - County of San Diego - County of San Luis Obispo - County of Yolo - County of Yuba Cox Communications D.R. Horton, Inc. David Evans & Associates, Inc. EDAW, Inc. ENSR Corporation Essex Environmental Fieldstone Communities, Inc. GeoEngineers, Inc. Granite Construction Company Gregory Canyon Ltd. Greystone Environmental Consultants, Inc. Griffin Industries HDR, Inc. - Impact Sciences, Inc. - J.F. Sato and Associates - John Laing Homes - Jones & Stokes KB Home Kings River Conservation District - Lennar Communities Development, Inc. Los Angeles County Sanitation Districts MWH Americas, Inc. Mammoth Land and Development, LLC - Mission San Juan Capistranto - Mojave Water Agency - Moulton — Niguel Water District - Navigant Consultants, Inc. PAIKI Engineering - Power Engineers Pulte Homes Qwest Communications, Inc. RBF Consulting RESCOM Environmental Corporation SCS Engineers Sacramento Municipal Utility District Scripps College Shapell Industries, Inc. Shea Homes Sierra -Pacific Power Standard Pacific Homes Stillwater Sciences SunCal Companies Templeton Planning Group - Terry A. Hayes Associates, LLC - The Planning Center - Toll Brothers Land Development - U.S. Bureau of Land Management - U.S. Department of Energy U.S. Fish &Wildlife Service U.S. National Park Service U.S. Navy, Southwest Division - URS Corporation - University of California - Western Area Power Administration - William Lyon Homes SWCA 8 ENVIRONMENTAL CONSULTANTS I- SWCA Environmental Consultants 2008 California Billing Rate Schedule. Cultural Resource Specialist V $95 Cultural Resource Specialist IV $85 Cultural Resource Specialist III $75 Cultural Resource Specialist II $65 Na#uraf Resources , , ,-' Senior Biologist $150 Environmental SpecialistVl $105 Environmental Specialist V $95 Environmental Specialist IV $85 Environmental Specialist III $75 Environmental Specialist II $65 Paleontolo ical`Res`ou"rces Principal Investigator $135 Paleontology Specialist V $95 Paleontology Specialist IV $85 Paleontology Specialist III $75 Paleontology Specialist II $65 MOM GIS/CAD Specialist VI $105 Technical Editor IV $85 Administrative Assistant $55 Other Direct Costs*: 4 1' 4 { Lodging lat federal rate Ir., 7PerD $39 at federal rate Materials & Supplies at cost Telephone at cost Rental Car at cost Copies (in-house), each $0.10 Color Copies 8 1 /2 x 11, each $1.00 Color Copies 1 1 x 17, each $1.50 Total Station, per day $65 GPS Unit, handheld, per day $10 GPS Unit, Trimble (sub -meter), per day $45 Digital Camera, per day $15 Laptop computer, per day $20 Survey Equipment $10 Plotter, per square foot $5 * administrative fee added to other direct costs administrative fee added to subconsultant costs Rates are subject to revision January 1 of each year 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 DATOS/26 E /DDIYYYY) /OB PRODUCER 1-602-381-2800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance Services of Arizona, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4742 N. 24th Street, Suite 270 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix, AZ 85016-9998 A-2008-135 _ INSURERS AFFORDING COVERAGE NAIC # INSURED SWCA, Inc. INSURERA: Greenwich Insurance Company 22322 dba: SWCA Environmental Consultants INSURERB:XL Specialty Insurance Company 37885 3033 N Central Ave., Suite 145 INSURERC: Phoenix, AZ 85012 INSURERD: [KOITA A:LTt17.9 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. INSR LTR DD' NSR TY POLICYNUMBER POLICYEFFECTIVE DATE (MMIDDIYYI POLICY EXPIRATION DATE MM/DD LIMITS A GENERALLIABILITY GECO01910403 07/26/08 07/26/09 EACHOCCURRENCE $1,000,000 g COMMERCIAL GENERAL LIABILITY CLAIMSMADE 1K OCCUR DAMAGETO RENTED PREMISES Ea occurence $ 100,000 MED EXP(Any one person) $5,000 PERSONAL B ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY FxPRO-JECT F7 LOC A AUTOMOBILE X LIABILITY . ANYAUTO AECO01910203 07/26/08 07/26/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALLOWNEDAUTOS SCHEDULEDAUTOS BODILY INJURY (Per person) $ X i X HIREDAUTOS NON-OWNEDAUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE$ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY X .00CUR CLAIMS MADE UECO0191033 07/26/08 07/26/09 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DEDUCTIBLE X RETENTION $ 10, 000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WECO01910603 07/26/08 07/26/09 X WCSTATU- OTH- T RY LIMITS ER E.L. EACH ACCIDENT _ $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? Ifyyes,describeunder SPECIALPROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER A A Environmental Liability (Professional) PECO01910503 07/26/08 • 07/26/09 Each Claim & Agg 5,000,000 Each Claim Deduct. 100,000 A See Supplemental DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Special endorsements apply to the policies shown on this certificate and are described on the attached Supplement. The coverage provided by the endorsements applies only where the Insured has agreed to do so by written contract/agrmnt. �— - l.A1Y �.CLLAI IVIV 1V Uays lvotice LOr Non Payment of Premium / 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana — -�(, ! �/ - 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 SO SHALL Bill Apple + 20 Civic Center Plaza (4-20) .. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE C\ USA -lWmu zukcvV 1/VO)u96184« :== ©ACORD CORPORATION 1988 04 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. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC QO 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization that you are required in a written contract or written agreement to waive any right of recovery we may have against the person or organization, provided the "bodily injury" or "property damage' occurs subsequent to the execution of the written contract or written agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective Policy No,WEC001910603 Endorsement No. Insured) SWCA, Inca Insurance Company's Specialty Insurance Company Countersigned by g— SIC 00 03 13 (Ed. 4-84) 0 1983 National Council on compensation Insurance. POLICY NUMBER,:: GECO01910403 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART srIM1=111ri K Name Of Additional Insured Person(s) Or Organization s : Locations Of Covered Operations ANY PERSON OR ORGANIZATION THAT YOU ARE VARIOUS - AS REQUIRED PER WRITTEN REQUIRED iN A CONTRACT WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section 11 — Who Is An Insured is amended to This insurance does not apply to "bodily injury" or Include as an additional insured the person(s) or "property damage" occurring after: organlzatlon(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property 1. All work, including materials, parts or equip - damage" or "personal • and advertising injury" ment furnished in connection with such work, caused, In whole or in part, by: on the project (other than service, mainte- nance or repairs) to be performed by or on 1. Your acts or omissions; or behalf of the additional Insured(s) at the loca- 2. The acts or omissions of those acting on your tion of the covered operations has been com- behalf; pleted; or in the performance of your ongoing operations for 2. That portion of "your work" out of which the the additional insured(s) at the locatlon(s). desig- Injury or damage arises has been put to Its nated above. intended use by any person or organization other than another contractor or subcontractor B. With respect to the Insurance afforded to these engaged in performing operations for a additional insureds, the following additional exclu- principal as a part of the same project. sions apply: CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 UNIFORM POLICY NUMBER,: GECO01910403 COMMERCIAL GENERAL LIABILITY - - CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR'ORGANIZATION THAT YOU ARE VARIOUS - AS REQUIRED PER WRITTEN REQUIRED IN A CONTRACT WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily Injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in" the schedule of this endorsement performed for that additional Insured and Included in the "products -completed operations hazard". CG,20 37 07 04 , Copyright, ISO Properties, Inc., 2004 UNIFORM POLICY NUMBER: GECO01910403 CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. .(If no entry appears above, information required to -complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or `your work" done under a contract with that person or organization and included in the "products -completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 POLICY NUMBER: GECO01910403 COMMERCIAL GENERAL LIABILITY CG 24 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 9. of the Definitions Section is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or tempo- rarlly occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agree- ment pertaining to•your business (includ- ing an Indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or In part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition op- erations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds,. tunnel, underpass or crossing; (2) That indemnifies an architect, engi- neer or surveyor for Injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, *opinions, reports, sur- veys, fleld orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, If that is the primary cause of the injury or damage, or (3) Under which the Insured, if an archi- tect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional serv- ices, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. CG 2426 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of R UNIPORM POLICY,NUMBER: GECO01910403 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.' DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project or Premises: EACH OF YOUR PROJECTS AWAY FROM PREMISES OWNED OR RENTED BY YOU - WHEN REQUIRED BY WRITTEN CONTRACT (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally subject to the General Aggregate Limit shown in obligated to pay as damages caused by "occurrences" under COVERAGE A- (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 1. A separate Designated Construction Project Gen- eral Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed' operations hazard", and for medical expenses under COVERAGE C regardless of the number of: 3. 4. a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being CG 25 03 03 97 B. C. a F� the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" Included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. The provisions of Limits Of Insurance (SECTION IIt) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 ENDORSEMENT #006 This endorsement, effective 12:01 a.m., July 26,2008 forms a part of Policy NoiGEC001910403 issued to SWCA, INC. DBA SWCA ENVIRONMENTAL CONSULTANTS by Greenwich Insurance company. J THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance can•ied,by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. BVIE 09/15/2006 Insured Copy POLICY NUMBER: AECO01910203 XIC 404 1007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions The Transfer Of Rights Of Recovery Against Others To Us Condition is changed by adding the following: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or work you performed under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule below: SCHEDULE Name of Person(s) or Organization(s): Any person or organization that you are required In a written contract or written agreement to waive any right of recovery we may have against the person or organization, provided the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract or written agreement All other terms and conditions remain the same. (Authorized Representative XIC 404 1007 © 2007, XL America, Inc. Page 1 of 1 Includes copyrighted material of Insurance Office, Inc., with its permission. POLICY NUMBER: AEC001910203 XIC 411 1007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this Policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this Policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and c. Such person or organization Is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this Policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional Insured whether such insurance Is primary, excess, contingent or on any other basis unless the contract specifically requires that this Policy be primary. All terms, conditions, exclusions and limitations of this Policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. (Authorized Repres XIC 411 1007 © 2007, XL America, Inc. Page i of 1 Includes copyrighted material of Insurance Office, Inc., with its permission. SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 08/26/08 NAME OF INSURED: SWCA, Inc. dba: SWCA Environmental Consultants Additional Descriotion of Operations/Remarks from Page 1: Additional Information: Consultants Environmental Liability - Claims Made Form Coverage A - Professional Liability, Coverage B - Contractors Pollution Legal Liability Retroactive Dates: 2/28/1990 for lot $2,000,000/$2,000,000 Limit 7/26/2007 for next $3,000,000/$3,000,000 Limit The following endorsements are attached and apply only where required by written contract or agreement signed by the Named Insured: GENERAL LIABILITY: CG20100704 Additional Insured CG20370704 Additional Insureds -Owners, Lessees or Contractors -Completed Operations CG24041093 Waiver of Transfer of Rights of Recovery Against Others To Us CG24260704 Amendment of Insured Contract Definition (see item 9. f.) CG25030397 Designated Construction Project(s) General Aggregate Limit XIL4240605 Primary Insurance Clause (includes "Not Contributing" wording) AUTOMOBILE LIABILITY: XIC4111007 Automatic Additional Insured XIC4041004 Waiver of Transfer of Rights of Recovery Against Others WORKERS COMPENSATION: WC000313 Waiver of Our Right to Recover from Others m goo mun.�