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HomeMy WebLinkAbout2008 CON Jones & Stokes Associates - Westside Specific Plan EIRAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JONES & STOKES ASSOCIATES, INC. THIS AGREEMENT is entered into this (o f h day of Move b r , 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Jones & Stokes Associates, Inc., a CONSULTANT. RECITALS WHEREAS, the CITY desires to employ CONSULTANT to provide consultant services forClean Business Criteria for Westside Specific Plan EIR Project. WHEREAS, the CITY has determined that the CONSULTANT is a environmental and planning consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit " A ". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit " A "to keep staff and City Council advised of the progress on the project. The CITY may unilaterally. or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Peggy Chapin, Principal Planner hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Bob Stark thereby is designated as the Project Director for the CONSULTANT. City's Standard Agreement — June 2008 Revision 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit " A "shall not exceed the schedule given in Exhibit " A " (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A "as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit " A ", or as mutually agreed upon by both parties. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. City's Standard Agreement — June 2008 Revision 2 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT . Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANT's, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT's) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT's and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its subCONSULTANT's, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT 'S trade or profession currently practicing under similar City's Standard Agreement — June 2008 Revision 3 conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT 's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. City's Standard Agreement — June 2008 Revision 4 CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANT's, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: x A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. City's Standard Agreement — June 2308 Revision 5 H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT . During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the City's Standard Agreement June 2008 Revision 6 CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT , whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT 's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon:(1) the filing of a petition in bankruptcy affecting the CONSULTANT ; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Peggy Chapin Planning Division City of National City 1243 National City Boulevard National City, CA 91950-4301 Bob Stark Jones & Stokes Associates, Inc. 9775 Businesspark Drive, Suite 200 San Diego, CA 92131 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. City's Standard Agreement — June 2008 Revision 7 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 8 City's Standard Agreement — June 2008 Revision 5 J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. -The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the date and year first above written. IN WITNESS WHEREOF, the date and year first above written. CITY OF NATIONAL CITY By: Chris Zapata, City Manage Date: APPROVED AS TO FORM: George H. Eiser, III City Attorney Date: the parties hereto have executed this Agreement on the parties hereto have executed this Agreement on By: Jones & Stokes Associates, Inc. (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole prprietorship one signature) ris Bonner, Vice President Date l��lv (06 By: David Freytag, Vi.e P'sident Date 1,0 1 [ 0 [0i, 9 City's Standard Agreement — June 2008 Revision I C F Jones& Stokes an ICF International Company September 25, 2008 Mr. Brad Raulston Community Development Director City of National City 1243 National City Boulevard National City, CA 91950 EXHIBIT "A" Subject: Clean Business Criteria for Westside Specific Plan EIR project Dear Brad: Thank you for the opportunity to work with you to develop "clean business" criteria for incorporation into the Westside Specific Plan EIR. Our approach will be to define the term, "clean business", research the types of businesses that would fall into the category of "clean business" and to determine the appropriate designation for the businesses that would be allowed under such a category. Our understanding is that you are looking for a category of businesses that would be places on a minimum 10,000 square foot lot, with no or very minimal impacts on the physical environment, including traffic. It is also our understanding that a list of current businesses exists, and we would detennine which current businesses would fall under the category of clean business. The scope would also include a field trip to view the project area for two staff members. The deliverable would be in the form of language which can be incorporated into the Westside Specific Plan to allow for a "special category" of clean business, which may include some uses which would appropriately be categorized as industrial. Additionally, we will attend the Code Compliance Committee meeting currently scheduled for October 14, 2008, and prepare for and participate in a code enforcement workshop currently scheduled for November 11, 2008. Our methodology for this scope is detailed as follows: Task 1: Conduct research to identify at least five other cities in California that have adopted similar "clean business" overlay zones and compare the criteria of each. Conduct phone interviews with the cities' planning directors or managers, as available, to learn more about how the criteria was created and implemented, and how it has functioned in practice. Task 2: Identify "clean business" criteria to apply to the Westside Specific Plan. Criterion is expected to include thresholds for noise, traffic, hazardous material use and transport, and other 9775 Businesspark Avenue, Suite 200 San Diego. CA 92131 858.5788964 -- 858.578.05731ax rzfi coin lonesandstokes.com Brad Raulston September 25, 2008 Page 2 factors that would typically be associated with industrial uses that would not be allowed in the zone. Task 3: Draft overlay zone text that includes the criterion to be adopted as ordinance for the Westside Specific Plan, includes one round of revisions. Final product will be draft language for the City to take forward for adoption. Task 4: Utilize the list of existing businesses within the Westside Specific Plan boundaries and conduct a site visit to determine, to the extent possible based on existing information, the number of businesses that would currently qualify as a "clean business," were the draft ordinance text prepared under Task 3 adopted. Task 5: Attend Code Compliance Committee meeting scheduled for October 14, 2008. Prepare for and attend code enforcement workshop scheduled for November 11, 2008. Our anticipated cost for these services follows below. The City and ICF Jones & Stokes recognizes that additional tasks may become necessary as a result of the Task 5 meeting and workshop, however no work will be conducted without prior written approval from the City. Senior Planner/Project Manager 24 hours $165 $3,960 Associate Planner 36 hours $90 $3,240 Total $7,200 All the tasks outlined in this scope are anticipated to be completed prior to December 31, 2008. Sincerely, Bob Stark, AICP cc: Peggy Chapin Claudia Tedford ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 10/24/08 PRODUCER Aon Risk Services Northeast, Inc. New York NY Office 199 water Street New York NY 10038-3551 PHONE - 212/441-1000 FAX - 212/441-1953 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. COMPANIES AFFORDING COVERAGE COMPANY Federal Insurance Company A INSURED Jones & Stokes Associates, Inc. 9300 Lee Highway Fairfax VA 22031-1207 USA COMPANY Great Northern Insurance Co. B COMPANY Steadfast Insurance company COMPANY Q COVERAGES SIR May Apply THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (-MM/DD(YY) POLICY EXPIRATION DATE (MM/DDNY) Limns B GENERAL X LIABILITY COMMERCIAL GENERAL ICLAIMS MADE X LIABILITY OCCUR PROT 35812409 Package - Domestic 06/25/08 06/25/09 GENERAL AGGREGATE S2,000,000 PRODUCTS - COMP/OP AGG 52,000,000 PERSONAL&ADVINJURY S1,000,000 OWNER'S & CONTRACTOR'S EACH OCCURRENCE S1,000,000 FIRE DAMAGE(Any one Ere) S1,000,000 MED EXP (My one person) S10, 000 A AUTOMOBILE X ILL, X X m LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 73522955 Automobile - All States 06/25/08 06/25/09 COMBINED SINGLE LIMIT 51,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE Il LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE A EXCESS "7 UABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM 9363-00-18 umbrella Liability 06/25/08 06/25/09 EACH OCCURRENCE S5,000,000 AGGREGATE S5,000,000 WORKER'S COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND INCL EXCL TORY LIMITS I FR EL EACH ACCIDENT EL DISEASE -POLICY LIMIT EL DISEASE -EA EMPLOYEE C �(I CisC E&o Cvg PEC 913140701 Errors & Omissions 06/25/08 06/25/09 Prof Liab Agg - All S3,000,000 overall policy aggre S3,000,000 DESCRPTK)N OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: Clean Business Criteria for westside specific Plan EIR Project 1 - Professional Liability is a Claims Made policy. There is no Additional Insured status on the Professional Liability coverage. CERTIFICATE HOLDER CANCELLATION' • Ci ty of National Ci ty Attn: Pe9gy Chapin 1243 National City Blvd National City, CA 91950-4301 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE• A//'' g- ACORD 254 (1I95) : 0 ACORD CORPORATION 1988 Holder Identifier: Certificate No: 570031360464 Attachment to ACORD Certificate for Jones & Stokes Associates, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Jones & Stokes Associates, Inc. 9300 Lee Highway Fairfax VA 22031-1207 USA ADDITIONAL POLICIES COMPANY COMPANY COMPANY COMPANY COMPANY If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. CO LIR TYPE OF INSURANCE POLICY NUMBERPOLICY POLICY DESCRIPTION EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS 2 - The City of National city, its officers and employees are included as Additional Insureds as their interest may appear as respect General Liability and Automobile Liability. 3 - Subject to the standard terms and conditions of the individual policies, the indicated coverage is primary but only as respects work being done by Jones & stokes Associates, Inc. for city of National City. Certificate No: 570031360464 °Hums Liability Insurance Endorsement Policy Period ,Tune 25, 21108 to June 25, 2009 Effective Date June 25, 20(IR Policy Nimter 3581-24-1191)TO insured lCF INTERNATIONAL INC. JONES & STOKES .ASSOCIATES. INC. Name of Company GREAT NORTHERN L\SI RaNC'E COMP_4N1' Date issued June 25, 2008 This Endorsement willies to the 0)Ilowiug forms: GENERAL LMBILrrY Who Its An Insured Scheduled Person Or Organization Under Who 1s An insured, the foiiowinR prevision is added: Subject 10 all of the terms 'and conditions of this insurance, sny person or organization Shown in the Schedule, acting pursuant to a wriucn contract or agreement between you and such person or c.rganizatioo, is an insured; but they arc insure* tint) with re pecl lu liability arising out of your operations, or your premises, if yera ire obligated, pursuant to such cotwsrct or agreement, to provide Clem with sack insurance as is afforded by this policy. However, na such person or organisation is an insured with respect in any: • aswaptiun tri liability by than is a contract ot apreenteat. This limitation does not apply in the (itbflity for damages for injury or damage, to which this insurance applies, that the person or argsnire(iun would have In the absence of such contran or agreement. • damages arising oul either xtfc. negligence. Schedule ANY PERSON OR ORGANIZATION AS RL)t)ULREA HY DJSI]REO CONTRACT Insurance Additinrof hmune • Soleck IdPrrson Or Wprnmmon continued Form 10.236a(Rev 1-04) fndorsernenf Page I Liability Endorsement (continued) Mt other terms and coudidons remain nnchaned. Aufhenred AspraMn1.Av. atkia.r. Lib* /nsurenc• Acktionol hisized • Sdi.numd Person Or Orgurrmslon Font, AO.4?-2387 (Rev. 8-00) Endorsement Page 2 Liability Insurance Endorsement Policy Period June 25, 2008 to June 25, 2009 Effective Date June 25, 2008 Policy Number 3581-24-09 DTO Insured ICF International Inc. Jones & Stokes Associates, Inc. Name of Company Great Northern Insurance Company Date Issued June 25, 2008 •..;; .; ... .••••••, ••••••..••..•... . _....fl:.j.:w:mxur,�s:::zSStX:R,.�.'Y3..:.•.:n»ii??^<':.........:>.9n�7k»k�>yfA».............4V..'"'Ct7:':asittae?ul'waieYdi'ddiF�GN`JJ3:^:Ci:CYi:A This Endorsement applies to the following forms: GENERAL LIABILITY Widi,F4titra•%?b3:Q?tY.iitte3'%?::ztMiS'VA:ecaL.i3?i•Tyr,,sz:....w.>;+...;.eFeoavoT,.tctsiul..�';7St7::7"?%:5i'-'..^„<il17A.?ii...Y.....�-::f.Yc....3:;:.':i`.':> Under Conditions, the following condition is added Conditions Other Insurance - If you agree, in a written contract, agreement or permit, to provide primary insurance for any PrirnaryAdditional person or organization included in Who Is An Insured, this Other insurance — Primary Additional insured Insured condition applies. If other valid and collectible insurance is available to the Insured for loss we would otherwise cover under this insurance, our obligations are limited as follows. Primary Insurance This insurance is primary. We will not seek contributions From any other insurance available to the person or organization with whore you agree to include in Who Is An Insured, except when the Excess Insurance provision applies. Excess Insurance Lieblrity Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar insurance for your work; Ofhan Insurance — Primary AdoYtionel Insured continued ued Form 80-02-2653 (Ed 4-01) Endorsement Page 1 Conditions Other Insurance - B. that is insurance that applies to property damage to premises rented to you or temporarily Primary Additional occupied by you with permission of the owner; Insured C. if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft, (continued) Autos Or Watercraft exclusion); Liability insurance D. that is insurance: 1. provided to you by any person or organization working under contract or agreement for you'. or 2. under which you arc included as an insured.. or E. that is insurance under any Propeny section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend such insured against such suit. 1f no other Insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of IC SS, if any, that exceeds the sum of the total: • amount that all other insurance would pay for loss in the absence of this insurance; and • of all deductible and self -insured amounts under all other insurance, We will share the remaining loss, if any, with any other insurance that is not described in this Excess insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method of Sharing If all of the othet insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable hunts of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions remain unchanged. Authorl ad Representative PAJW../1„ Other Insurance — Primary Additional Insured last page Form 80-02.2853 (Ed. 4-01) Endorsement Page 2 POLICY NUMBER (08)7352-29-55 COMMERCIAL AUTO CA2O4$0299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ WPCAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the follow/mg: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIES COVERAGE FORM TRUCKERS COVERAGE FORM 1Mth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or organization(e) who are 'Insureds" under the Who is An insured Provision of the Coverage Form. This endorsement does not atter coverage provided In eta Coverage Form. This endorsement changes the policy effective on the inoeplian dale of the policy unless another date indicated below. Endorsement Effective: 6-25-08 ( Countersigned 13y_ Named Insured: ICF International Inc., eta! t ywttrorized Representative) SCNEt3ULE Name of Person(s) or Organfsatlon(s): "Any person or organization as required by an insured contract" (tf no entry appears above. Information required to complete this endorsement will be shown In the Daclnrations as eppttcaale to the endorsement.) Each person or organtzation shown in the Schedule is en insured` for t iabilily Coverage, but only to the extent that person or organization qualities es en 'insured" under the WIt0 Is An Insured Provteton contained in Sudan It of the Coverage Form, CA2041IO2M Copyright, insurance Services Office, Inc., 1996 Page l of 1 O This certificate is executed by Liberty Mutual Insurance Group as respects such insurance as is afforded by those companies. 5M0068 Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate is not an insurance policy and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed below. Policy limits are no less than those listed, although policies may include additional sublimits not listed below. Policy limits may be reduced by claims or other payments. This Is to certify that (Name and address of Insured) JONES & STOKES ASSOCIATES, INC. 9300 LEE HIGHWAY FAIRFAX, VA 22031 Liberty Mutual-M is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subjec to all their terms, exclusions and conditions and is not altered by any regnirement term or condition of any contract or other document with respect to which (his certificate may be issued. Expiration Type Continuous* _ Extended X Policy Tenn Workers Compensation Eff./Exp. Date(s) 06/25/2008 / 06/25/2009 Policy Number(s) WC5-I3I-508381-018 Limits of Liability Coverage afforded under WC law of the following states: Employers Liability All States Except Monopolistic States Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person General Liability Claims Made Occurrence Retro Date General Aggregate -Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person / Organisation Other Liability Other Liability Automobile Liability Owned Non -Owned Hired Each Accident - Single Limit - B. I and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence C 0 M M E N T S Clean Business Criteria for Westside Specific Plan EIR Project; Waiver of Subrogation in favor of City of National City IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poltccy(ies) must be endorsed A statement on this certificate does not confer tights to the certificate holder in lieu of such endorsement(s). If SL'BROGA ION IS WANED, sulnect to the forms and conditions of the policy, certain polities may requite an endorseniatt. A statement on thn certificate does not confer rights to the certificate holder in lieu of such endorsements. The following implies only with respect to insurance for motor carriers registered in Fonda As provided for in Fla Stet. § 320 02(51(4 the listed rnsuance policy may not be candled on less than 30 days written notice by the insurer to the Department dllwy Safety & Motor Vehicles, sudi 30 days notice to commence from date nonce is received by die Department Notice of cancellation: (not applicable unless a number of days is entered below) . Before the stated capitation due the company will not cancel or reduce the insurance affonled under the above policies until at least 30 days notice of such cancellation has been mailed to Notice of Cancellation does not apply when policy(ies) are canceled due to non-payment of premium. Office: RICHMOND, VA Phone: 804-270-5441 Certificate Holder. Cityof National City 1243 National City Blvd National City„ CA 91950-4301 4- Q l/t�Ltrn� CAROLYN VARNIER Authorized Representative Date Issued: 10/24/20138 Prepared By: CV WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from any on eligible 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 in directly to benefit any one not named in the Schedule. Schedule BLANKET AS REQUIRED BY CONTRACT This endorsement is executed by the LIBERTY MUTUAL INSURANCE GROUP Premium $ NA Effective Date 6-25-08 Expiration Date 6-25-09 For attachment to Policy No. WC5-131-508381-018 Countersigned by Authorized Representative End. Serial No . NA WC 00 03 13 Ed . 4/1/1984 Copyright 1983 National Council on Compensation Insurance. ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/VY) 10/24/08 PRODUCER Aon Risk Services Northeast, Inc. New York NY office 199 water Street New New York NY 10038-3551 PHONE • 212/441-1000 FAX- 212/441-1953 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 POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Federal Insurance Company A INSURED Jones & Stokes Associates, Inc. 9300 Lee Highway Fairfax VA 22031-1207 USA COMPANY Great Northern Insurance Co. B COMPANY Steadfast Insurance Company COMPANY D COVERAGES SIR May Apply THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SI(OWN ARE AS REQUESTED CO FIR Tl'Pk: OF INSCRANCF. POLICY NCMREN POLICY EFFECTIVE DATE (MM,DD,'YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS1 B GENERAL — X LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR PROT 35812409 Package - Domestic 06/25/08 06/25/09 GENERAL AGGREGATE S2,000,000 PRODUCTS - COMP/OP AGG 52,000,000 JCLAIMS MADE X PERSONAL&ADVINJURY S1,000,000 OWNERS & CONTRACTORS EACH OCCURRENCE S1,000,000 FIRE DAMAGE(Any one fire) S1,000,000 MEO EXP (Any one person) S10, 000 A 41TOMOBILE X X X c. LIABILITY ANY AUTO ALL OWNED AUTOS - SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 73522955 Automobile - All States 06/25/08 06/25/09 COMBINED SINGLE LIMIT 51,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT -.m AGGREGATE A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM 9363-00-18 umbrella Liability 06/25/08 06/25/09 EACH OCCURRENCE SS,000,000 AGGREGATE 55,000,000 WORKER'S COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND H INCL EXCL I WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT EL DISEASE -POLICY LIMIT EL DISEASE -EA EMPLOYEE C �''1 'X 1 Misc E&O Cvg PEC 913140701 Errors & Omissions 06/25/08 06/25/09 Prof Liab Agg - All S3,000,000 Overall policy aggre S3,000,000 DESCRPTION OF OPERATK)NSILOCATIONSIVEHIC LES/SPECIAL ITEMS Re: Clean Business Criteria for westside Specific Plan EIR Project 1 - Professional Liability is a claims Made policy. There is no Additional Insured status on the Professional Liability coverage. -CERTIFICATE HOLDER CANCELLATION • ci ty of National Ci ty Attn: Pe9gy Chapin 1243 National City Blvd National City, CA 91950-4301 USA SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE , ' Ma .�sa.e � � /r nel�wgse als+c ACORD 25-S (1195j • -. © ACORD CORPORATION 1988 Holder Identifier: Certificate No: 570031360464 Attachment to ACORD Certificate for Jones & Stokes Associates, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Jones & Stokes Associates, Inc. 9300 Lee Highway rairfax VA 22031-1207 USA ADDITIONAL POLICIES COMPANY COMPANY COMPANY COMPANY COMPANY If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. CO LTR TYPE. OF INSURANCE POLICY NUMBER POLICY DESCRIPIION POLICY EFFECER'F, DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 2 The City of National City, its officers and employees are included as Additional Insureds as their interest may appear as respect General Liability and Automobile Liability. 3 - Subject to the standard terms and conditions of the individual policies, the indicated coverage is primary but only as respects work being done by Jones & stokes Associates, Inc. for City of National City. Certificate No: S70031360464 Liability insurance Endorsement Policy Period ;tune 2.5, 2008 to June 25, 2009 Effective Date ,run 25, 2008 Policy Minter 358 l-24-(191)10 insured tCF INTERNATIONAL LN('. .PONES d STOKES ASSOCIATES. INC. Name of Company GREAT NORTITERN L\SCRANCE COMIPANV Date issued June 25, 2008 This Eodorsen cnl coplics to the tinllowirtg f<:rrnr: GENERAL LM>BlLrrY Who Is An Insured Schetfuled Person Or Organization Under Who Is An Insured, the foJiowing provision is added: Subject to all of the terms and conditions of this iusurer,t:c, any percnn nrorganization shown in the Schedule, acting pursuant to a written contract or ogrucnwnt between you and such person or rfgaaizatiun, is an insured; but they are insureds only with respect to liability arising out of your operations, or your premises, ii yes are obligated, pursuant to such comma tx agreement, to provide Clem with such insurance as is E.frorded by this policy. However, no such person or organi>:a+.inn is an insured with respect to any: assumption t►f liability by than in a contract or apreenteat. This limitation does not apply to the (lability for tMr ages for injury or damage, to which this insurance applies, that the person or orgnniretiun would have in the absence If such contract or agreement. damages arising oul of lftcii 'Ede negligence. Stedule ANY PERSON OR ORGANIZATION AS REQLJtRE1) RY INSURE() CONTRACT Usb4Jlly insurance Additions/ Insured - 601te d Perron Or Orgsnaah yr continued Firm 0002.2367 (Peru. 0-0I) Endorsement Page 1 Liability Endorsement (continued) Liabiftv ±„suranos Ait other terms attd coadidons remain unchanged. Autfhonrod AoproanLbLs a/W.4, Akitiurtal hound - ScI..dui1d Parson Or Qr¢vruzeNori Owe' Page Form 80•a-29B7{Aov. 814) Errdwaremerrd Page 2 Liability Insurance Endorsement Policy Period June 25, 2008 to June 25, 2009 Effective Date June 25, 2008 Policy Number 3581-24-09 DTO Insured ICF International Inc. Jones & Stokes Associates, Inc. Name of Company Great Northern Insurance Company Date Issued June 25, 2008 .: .......r,Kr.�•�.....-: �•-<-' : �,...•r ,,,Ma;,..,.,,,.,_... ..+.,!.valY:ii#:s:T sxe:.x�::;a:zap:.ar«:::.:a<tK<kxraa+�:..::c.xra This Endorsement applies to the following forms. GENERAL LIABILITY ....... ...�--. .� za •u» ......:,•:::..;...:.. a�a:x•;.z:e<.,;.. .. � 'sit, rgao ;�ez;<^ice°r>�vi'4;:,:;:>:� '< ,�c,� .�:� k�. Under (:oaditions, the following condition is added Conditions Other insurance - If you agree, in a written contract, agreement or permit, to provide primary insurance for any Primary Additional person or organization included in Who Is An Insured, this Other Insurance - Primary Additional Insured Insured condition applies. li ether valid and collectible insurance is available to the insured for loss we wnnld otherwise cover under this insurance, our obligations are limited as follows. Primary Insurance This insurance is primary. We wI1 not seek contributions from any other insurance available to the person or organization with whom yuu agree to include in Who [s An Insured, except when the Excess Insurance provision applies. Excess Insurance t ratify Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire. Extended Coverage. Builder's Risk, Installation Risk or similar insurance for your work; Other Insurance - Primary Additional Insured continued Form 80-02-2653 (Ed 4-07) Endorsement Page 1 Conditions Other Insurance — Primary Additional insured (continued) Liotbt ity Insurance 13. that is insurance that applies to property damage to premises rented to you or temporarily occupied by you with permissioc of the owner; U. if the loss arises out of aircraft, nitres or watercraft (to the extent not subject to the Aircraft, Autos Or Watercraft exclusion); D. that is insurance: 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured: or E. that is insurance under any Propeny section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend such insured against such suit. If no other insurer defends, we will undertake to do so, but we will be er.titled to the insured's rights against all those other Insurers. When this insurance is excess over other insurance, we will pay only our share of the amount if fuss, if any, that exceeds the sum of the total: • arrounl that all other insurance would pay for loss in the absence of this insurance; and • of all deductible and self -insured amounts under all other insurance. We wilt share the remaining toss, if any, with any other insurance that is not described in this Excess insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or non of the loss remains, whichever conics first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions remain unchanged. Authorized Representative fildWas, Other insuranc — Primary Additional insured last page Form 80-02-2653 (Ed. 4-0i) Endorsement Page 2 POLICY NUMBER (08)7352-29-55 COMMERCIAL /WTO CA204$0299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKER$ COVERAGE FORM %MIh respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or orgentzation(a) who are Insureds" under the Ma Is An insured Provision of the Coverage Form. This endorsement does not atter coverage provided In the Coverage Form. This endorsement changes the policy eflechve on the inception date of the policy unless another date is indicated below. Endorsement Effective: 6-25-08 Named insured: ICF International Inc., etal Name of Penson(e) or Orgentsation(s): Countersigned By: SCHEDULE "Any person or organization as required by an insured contract" -624-4 lAutholizecl Representatim) (ft no entry appears above, Information rewired to complete this endorsement will be shown in the Declarations as appfkiatrie to the endorsement.) Each person or organization shown in the Schedule is an insured- for LiabUEy Coverage, but only to the extent that person or organizaton qualifies as an 'ineurec' under the vimo Is An Insured Provision contained In Seodon 11 of the Coverage Form. CA 20 41) 02 99 Copyright, Insurance Services Office, no.. 1996 Fags l of 1 C l'hii certificate is executed by liberty Mutual Insurance Group as respects such insurance as is afforded by those companies. BVhh)es Certificate of Insurance This certificate Is issued as a matter of infiirnlation only and confers no rights upon the certificate holder. This certificate is not an insurance policy and does not aftimlatiyrly or ncgauvelc amend. extend. of alter the tserage afforded by the policies listed below. Policy limns are no less than those listed. although policies may include additional sublimits not listed helots. Polies Inuits may be reduced be chin', or other payments. 'this is to certify that (Name and address of Insured) JONES & Sl'OKHS ASSOCIATES. INC. 93n3 1.1'l'. HIGHWAY F: IRFAX. \'.\ 2203 Liberty Mutual ... at the issue date of this certificate. insured by the Company under the policy(iesl listed below. The insurance affi rded by the listed policy(ies) is subject to all their terms. exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to ss hich this cenilicate may he issued. Expiration Type Continuous* Extended X Policy Term Workers Compensation I' ff./Exp. Date(s) 06:25.2008 06 25/2009 Policy \ umber(s) WCS-131-508381-018 Limits of Liability ('overage afforded under \V(' law of the following states: Employers Liability All States Except Monopolistic States Bodily Injury By Accident S1,000,000 Each Accident Bodily Injury By Disease S1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person General Liability Claims Made Occurrence Retro Date General Aggregate -Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person / Organization Other Liability Other Liability Automobile Liability Owned Non -Owned Hired ired Each Accident - Single Limit - B. 1 and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence (' 0 \1 \1 1: s ('lean Business Criteria for Wcstside Specific Plan EIR Project: Waiver of Subrogation in favor of City of National City. I\IPOR i.\NT If the certificate holder is an ADDITIONAL INSURED. the pnlicyfies) must be endorsed .\ statement on this certificate does not confer rights to the certificate holder in lieu o1 > ich ecdt•r;enuTlhl :i SUI3PoC,:\ IlON IS 1\'AI\ P.1). subject to the loom and conditions of the {whey. certain policies may require inn endorsement :\ ,fafentrnt on this certificate does not confer right, to the cent icatc hohiet t i nee I . :h i itt rullon me applies colt n ith topect to uuurmn:e for motor carriers tree. istered in Honda As provided for in Fla Slat 320 02(5)(e). the listed insurance lwlicy tit:* not he cancelled on less than tti dae-, It Melt noucc b, !ht.::w:ret to the Ocp:u titenl or I I, .t Safely ,e Motor \ chides, such 30 dins notice to commence from date notice is rccencd by the Department \once or ein:ellalion Inc! applicable unless a number or cloy; is entered helot%) Nonce of Cancellation does not apply a hen lwlicvi ics) :ire cancel d due to non-pao meat of premium HOOF the slated e\ uauon date the congtau. .t ill not cancel or iedi e the insurance afforded tinder the afxne policies until at least 3,1 days notice of such cancellation has peen mailed to Mc lelot listed Certificate Holder Office: RI('HHMONI). VA Phone: 804-270-5441 Certificate Holder: City of National City 1243 National City Blvd National City„ CA 91950-4301 �`— C Y [ "-1 �•3� CAROLYN \'AR\IER Authorized Representative Date Issued: 11 /03/2008 Prepared 13y: C'\ WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from any on eligible 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 in directly to benefit any one not named in the Schedule. Schedule BLANKET AS REQUIRED BY CONTRACT This endorsement is executed by the LIBERTY MUTUAL INSURANCE GROUP Premium $ NA Effective Date 6-25-08 Expiration Date 6-25-09 For attachment to Policy No. WC5-131-508381-018 Countersigned by W(' 00 03 13 Ed . 4/1/1984 Copyright 1983 National Council on Compensation Insurance. C Authorized Representative End. Serial No . NA IcFJones& Stokes an ICF International Company September 25, 2008 Mr. Brad Raulston Community Development Director City of National City 1243 National City Boulevard National City, CA 91950 Subject: Clean Business Criteria for Westside Specific Plan EIR project Dear Brad: Thank you for the opportunity to work with you to develop "clean business" criteria for incorporation into the Westside Specific Plan EIR. Our approach will be to define the term, "clean business", research the types of businesses that would fall into the category of "clean business" and to determine the appropriate designation for the businesses that would be allowed under such a category. Our understanding is that you are looking for a category of businesses that would be places on a minimum 10,000 square foot lot, with no or very minimal impacts on the physical environment, including traffic. It is also our understanding that a list of current businesses exists, and we would determine which current businesses would fall under the category of clean business. The scope would also include a field trip to view the project area for two staff members. The deliverable would be in the form of language which can be incorporated into the Westside Specific Plan to allow for a "special category" of clean business, which may include some uses which would appropriately be categorized as industrial. Additionally, we will attend the Code Compliance Committee meeting cun-ently scheduled for October 14, 2008, and prepare for and participate in a code enforcement workshop currently scheduled for November 11, 2008. Our methodology for this scope is detailed as follows: Task 1: Conduct research to identify at least five other cities in California that have adopted similar "clean business" overlay zones and compare the criteria of each. Conduct phone interviews with the cities' planning directors or managers, as available, to learn more about how the criteria was created and implemented, and how it has functioned in practice. Task 2: Identify "clean business" criteria to apply to the Westside Specific Plan. Criterion is expected to include thresholds for noise, traffic, hazardous material use and transport, and other 9775 Businesspark Avenue. Su 1e 200 - San Diego. CA 92131 858 578 8964 r_ 858.578.0573 fax .cfi.com r- jonesandslokes com Brad Raulston September 25, 2008 Page 2 factors that would typically be associated with industrial uses that would not be allowed in the zone. Task 3: Draft overlay zone text that includes the criterion to be adopted as ordinance for the Westside Specific Plan, includes one round of revisions. Final product will be draft language for the City to take forward for adoption. Task 4: Utilize the list of existing businesses within the Westside Specific Plan boundaries and conduct a site visit to determine, to the extent possible based on existing information, the number of businesses that would currently qualify as a "clean business," were the draft ordinance text prepared under Task 3 adopted. Task 5: Attend Code Compliance Committee meeting scheduled for October 14, 2008. Prepare for and attend code enforcement workshop scheduled for November 11, 2008. Our anticipated cost for these services follows below. The City and ICF Jones & Stokes recognizes that additional tasks may become necessary as a result of the Task 5 meeting and workshop, however no work will be conducted without prior written approval from the City. Senior Planner/Project Manager 24 hours $165 $3,960 Associate Planner 36 hours $90 $3,240 Total $7,200 All the tasks outlined in this scope are anticipated to be completed prior to December 31, 2008. Sincerely, "27/' Bob Stark, A1CP cc: Peggy Chapin Claudia Tedford CALIFORNIA �-{+ $ATI ' .»NAL crg aavfi �1 - INCORPORATED OFFICE OF THE CITY CLERK 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax JONES & STOKES ASSOCIATES, INC. Clean Business Criteria for Westside Specific Plan Environmental Impact Report Project Lynn in Planning/Building Forwarded Copy of Agreement to Consultant