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HomeMy WebLinkAbout0008_2_Nichols Mine Expansion CEQA - Exhibit A PSA 05-12-15AGREEMENT FOR PROFESSIONAL SERVICES T&B Planning Nichols Mine Expansion This Agreement for Professional Services (the "Agreement") is made and entered into as of May 12, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and T&B Planning, California corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: CEQA consulting services for the Nichols Mine Expansion project. B. Consultant has submitted to City a proposal, dated March 18, 2015, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Nichols feline Expansion CEQA Consultant Page 1 Attachment 1 C. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed one hundred forty four thousand eight hundred ninety dollars ($144,890) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Reserved. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, Page 2 actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually Page 3 agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into Page 4 this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perforin all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or nonrenewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its Page 5 officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11188) or Insurance Services Office form number GL 0002 (ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than AMI and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. Page 6 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn- City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: T&E Pianning Attn: Joel Morse 17542 East 17th Street Tustin, CA 92780 18, Entire Agreement, This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. Page 7 19. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 20. Reserved. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27. Authority to Enter Aclreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term Page 8 of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Equal Opportunity Em to ment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation ."a Grant Y tes ity Manager APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal "CONSULTANT" T&B Planning, California corporation J�!N1NW` By: Joel Morse Its: President � j Ott peftedefit Page 10 EXHIBIT A CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A .I� Tustin, CA I San Diego, CA I Murrysville, PA JN: 996-001 P L A N N t iJ 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 f714.505.6361 March 18, 2015 (Revised May 4, 2015) Justin Kirk City of Lake Elsinore Planning Division 130 South Main Street Lake Elsinore, CA 92530 RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE NICHOLS MINE EXPANSION PROJECT, LOCATED IN THE CITY OF LAKE ELSINORE, CALIFORNIA Dear Mr. Kirk: T&B Planning, Inc. (dba T&B Planning) is pleased to present this proposal to provide professional California Environmental Quality Act (CEQA) consulting services for the proposed expansion of the Nichols Mine in the City of Lake Elsinore. We look forward to the opportunity to serve as the City's third -party CEQA consultant for the property's entitlement efforts. We understand that the proposed project seeks to expand the approved mining limits to the east, which would increase the site's mining footprint by approximately 26 acres. Additionally, based on historic mining data and proposed annual tonnage limits, the project would result in an increase of approximately 400,000 tons per year. We anticipate that this project will require an Environmental Impact Report (EIR) to sufficiently comply with CEQA; therefore, this proposal provides a work program and budget for the preparation of an EIR and associated CEQA compliance notices in accordance with City of Lake Elsinore requirements. T&B Planning has been in business since 1974 and has proudly served many public and private sector clients over our 40 -year history. We have extensive experience preparing CEQA documents that are comprehensive and legally defensible. The enclosed proposal consists of the following exhibits, which concisely set forth our scope of work and project budget for completing services in a timely and efficient manner. • INTENDED APPROACH - EXHIBIT A • HOURLY RATES AND BILLING POLICY - EXHIBIT C • PROJECT BUDGET - EXHIBIT B • AUTHORIZATION FORM - EXHIBIT D The business philosophy at T&B Planning is for our Principals and Senior Managers to be directly involved in project management. For this project, I will be Principal -in -Charge. Jerrica Harding, AICP, Senior Project Manager, will serve as the primary author of the EIR. We will be supported as needed by our in-house staff of environmental analysts, graphics specialists, and technical writers. Thank you for the opportunity to work on this exciting project. If you have questions or require any clarification pertaining to this proposal, please contact me at (714) 505-6360 x. 105 or by e-mail at Imorse@tbplannin�.com. Sincerely, T&B Planning, Inc. Joel Morse President www.tbplanning.com PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS Exhibit A Nichols Mine Expansion FIR Proposal Exhibit A: Scope of Work Project Understanding Based on the information provided to us by NICHOLs ROAD PARTNERS, LLC (herein, "Project Applicant"), it is our understanding that the Project Applicant is seeking to expand the approved mining limits of Nichols Mine to the east by approximately 26 acres. Based on CEQA requirements to evaluate permit revisions for on-going operations against historic baseline conditions, the project's historic annual aggregate production tonnage provided by the Project Applicant (approximately 600,000 tons per year), and the proposed annual tonnage limit (1,000,000 tons per year), the total increase in annual tonnage would comprise approximately 400,000 tons per year. Additionally, based on information from the Project Applicant, an assumption of 10,000 tons per day represents a reasonable high-end estimate for daily tonnage, which would result in a maximum increase in daily project operations of approximately 4,000 tons per day. Based on these considerations, as well as the project's high visibility, this proposal anticipates that the City of Lake Elsinore (herein, "City") will require the preparation an Environmental Impact Report (EIR) for this project. It is also our understanding that all technical studies that may be required in support of the EIR will be provided or commissioned by the Project Applicant. Reports that will be required in support of the EIR include, but are not necessarily limited to, the following: air quality impact analysis (including health risk assessment), biological resources technical report, cultural resources (archaeology/ paleontology), geology/soils/slope stability analysis, greenhouse gas emissions analysis, hydrology/water quality studies, noise impact analysis, and traffic impact analysis. Scope of Work Provided below is T&B Planning's proposed work program and budget for completing the required EIR and associated CEQA notices and findings for the Nichols Mine Expansion project. It is expected that a project -level FIR is the appropriate CELLA document for the proposed project. A revised proposal may need to be prepared if the City directs the preparation of a different form of CEQA compliance documentation, such as a mitigated negative declaration (MND). Please note that the SCOPE of WORK described below will likely not be undertaken chronologically as presented. To expedite the process, there may be overlap on the timing of each task. PHASE 1 ENVIRONMENTAL SCOPING Task 1.1 Prepare Proiec_t_Description Prior to initiating any substantive work, T&B Planning will work with the City and the Project Applicant (as necessary and appropriate) to prepare a formal Project Description that will be used throughout the CEQA compliance process. We expect that the City or the Project Applicant will provide a list of all permits and approvals and a complete description of all of the design and operational characteristics that will be required for the project. It is also anticipated that a majority of the exhibits will be taken from the Project Applicant's application materials and will require minimal graphic manipulation by T&B Planning for legibility. Because the Project Description will form the basis for analysis within the CEQA document and technical studies, it is critical that an accurate description of all project elements be prepared, including activities that will occur upon completion of mining activities (i.e., pursuant to the site's reclamation plan), if any such end uses are reasonably foreseeable. Page 2 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Scope of Work Task 1.2 Prepare Initial Study and Notice of Preparation Based on the completion of the project description prepared pursuant to Task 1.1, T&B Planning will prepare an Initial Study (IS). The Initial Study will: o include a detailed description of the various elements of the proposed project; o identify the City of Lake Elsinore as the Lead Agency and provide contact information; o indicate the location of the project area and generally describe the existing zoning and General Plan land use designations in the area; o provide a description of existing conditions and surrounding land uses; o disclose any other public agencies that must also approve the proposed project; o identify the environmental factors potentially affected; o include the completed Environmental Checklist; and o include the determination of the Initial Study/Environmental Checklist. The Environmental Checklist and Responses to Environmental Checklist also will be completed as part of this task. Each of the environmental issue areas contained within the Environmental Checklist will be evaluated and assigned a significance rating of "No Impact," "Less than Significant Impact," "Less than Significant Impact with Mitigation," or "Potentially Significant Impact." If substantive evidence cannot be provided in the Initial Study to support a conclusion of "No Impact" or "Less than Significant Impact" for a particular environmental topic, that topic will be further evaluated in the EIR. T&B Planning will submit an administrative draft of the Initial Study to the City and Project Applicant for review, along with a draft Notice of Preparation (NOP). Subsequent to review by the City and the Project Applicant, T&B Planning will revise the Initial Study to address the comments received and submit a revised version to the City staff to clear the IS/NOP for public review and distribution. This proposal anticipates that there will be one round of City review and that requested revisions, if any, would be minor in nature. Following City release of the IS/NOP for public review, T&B Planning will compile a distribution list comprising Responsible Agencies, Trustee Agencies, and surrounding property owners. We expect that the Project Applicant's Title Company will provide mailing labels for property owners within the City's required notification radius, and that City staff will provide their standard public agency notification list as a basis from which to compile the NOP's distribution mailing list. As part of this task, T&B Planning will conduct the NOP distribution by certified mail. Printing and certified mailing expenses (postage and envelopes) are not included in the budget for this task, and will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLYRATESAND BILLING POLICY (EXHIBIT C). PHASE 2 PREPARE DRAFT EIR AND DISTRIBUTE FOR PUBLIC REVIEW Task 2.1 Evaluate NOP Comment Letters During the 30 -day public review period of the NOP, T&B Planning will periodically contact City staff and request that they forward copies of the public comment letters to T&B Planning as they are received. We also will request a complete set of original letters at the close of the public comment period. T&B Planning will review each comment letter to evaluate whether the comments warrant an expansion to the scope of analysis in the EIR. If we identify comments requiring an expanded scope of analysis, we will immediately evaluate our scope of work and budget and notify the City. For purposes of budgeting for this task, it is expected that the project would result in a moderate number of comment letters, not to exceed 15 individual comment letters. Page 3 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Scope of Work Task 2.2 Prepare Administrative Draft EIR I &B Planning will commence with preparation of the Administrative Draft EIR immediately following completion of the Project Description (Task 1.1) and distribution of the IS/NOP for public review (Task 1.2). We will focus first on preparing the EIR sections that are not reliant on technical studies, as it is anticipated that many of the studies will still be under preparation. This proposal anticipates that any technical studies needed to prepare the EIR will be contracted directly by the Project Applicant.. Following completion of the technical studies, T&B Planning will complete the Administrative Draft EIR in accordance with State and City Guidelines, The EIR will generally include the following sections: Executive Summary. This introductory section will provide a synopsis of each project component; a summary of the project alternatives, including an identification of the "Environmentally Superior Alternative"; and a brief discussion of areas of controversy and issues to be resolved by the decision-making body. The Executive Summary also will include Mitigation Monitoring and Reporting Program (MMRP) to be prepared as part of Task 2.4. In the interest of efficiency, the MMRP will not be prepared until after the City's review of the First Administrative Draft EIR. Introduction. The Introduction will explain the purpose of the EIR, the legal authority for preparation of the EIR, and the EIR process. Relationship to the City's General Plan and General Plan EIR also will be disclosed. Additionally, this section will identify other applicable planning documents that apply to the project area. In addition, the Introduction will identify the Lead Agency (City of Lake Elsinore), Responsible Agencies, and/or Trustee Agencies. The relationship of each component of the project to future project approvals and/or environmental permits also will be described. Environmental Setting. The Environmental Setting will describe the project's location, geographic and physical setting, surrounding land uses, and the physical environmental conditions of the property as they existed on the date of the EIR's IS/NOP issuance. A brief overview of the environmental conditions of the project area also will be provided. This section will emphasize unique or rare resources within the project vicinity that could be impacted by the project. In addition, a summary of the existing planning and policy context will be presented, including the property's relationship to the General Plan, zoning, and other applicable regional plans and policy documents. Project Description. The Project Description, which will be based on the Project Description prepared as part of Task 1.1, will be used as the basis for the impact analysis throughout the EIR. This section will include a brief description of the project's location and setting. This section also will identify the project's objectives, which will form the basis for subsequent analysis of project alternatives. In addition, an extensive description of the project will be included, which will consist of a summary of actions that may be associated with project implementation. Any areas anticipated to be impacted by off-site improvements also will be described in this section. Finally, the Project Description will document any and all anticipated subsequent approvals, including approvals that may be required from federal, state, and/or local agencies. Exhibits will be included in this section as necessary to describe the project proposal. Environmental Analysis. The Environmental Analysis section will address each environmental issue identified by the Initial Study for evaluation in the following general manner. The existing conditions/environmental setting as it relates specifically to the environmental topic under evaluation will be described to establish a baseline for conducting the environmental analysis. As necessary and Page 4 T&B Planning, Inc. Nichols Mine Expansion FIR Proposal Exhibit A: Scope of Work PLANNINf', appropriate, a description of key terminology and concepts associated with the environmental issue area will be presented, followed by a discussion of any regulatory requirements that may apply. Next, the significance criteria will be listed and will be accompanied by a justification as to the appropriateness of the criteria selected for evaluation. An analysis will then be presented for each significance criteria, and the analysis will provide a clear description and conclusion as to the level of significance of project impacts, prior to mitigation. The analysis will include a discussion of potential direct, indirect, and cumulative impacts of the project, as well as a discussion of potential growth inducing impacts. T&B Planning will work with City and County staff and the project's traffic consultant to identify surrounding projects to be included in the cumulative impacts analysis. For each significant impact identified, feasible and enforceable mitigation measures will be presented. Finally, each chapter in this section will provide a conclusion as to the level of significance following implementation of recommended mitigation measures. Based on our preliminary knowledge of the project and our suggested approach for completing the environmental documentation, this proposal anticipates that the following environmental issue areas will be addressed in the FIR. o Aesthetics o Air Quality o Biological Resources o Cultural Resources o Geology and Soils o Greenhouse Gas Emissions o Hazards and Hazardous Materials o Hydrology/Water Quality o Land Use and Planning o Noise o Transportation/Traffic o Utility and Service Systems o Mandatory Findings of Significance Our approach is to include an analysis of each topic unless it was clearly demonstrated by the Initial Study that there will be no impact or a less than significant impact without the need for mitigation. Mandatory CEQA Topics. The EIR will summarize unavoidable impacts of the project and will identify whether or not the impacts will be mitigated to below a level of significance. The EIR also will disclose significant irreversible environmental changes which would be involved in the proposed action should it be implemented. A discussion of Growth Inducement will focus on elements of the proposed project which could remove obstacles to growth in the area such as expanded water and sewer service capabilities and the provision of improved roadway connections. A discussion of Energy Conservation will describe how the project would not result in a wasteful use of energy. Lastly, this section will disclose effects that were found not to be significant during EIR scoping process and that do not warrant an in-depth analysis in the EIR (e.g., Agriculture and Forest Resources, Mineral Resources, Population and Housing, Public Services, and Recreation). Project Alternatives. The Project Alternatives section will be based on a description of reasonable project alternatives defined in consultation with City staff and the Project Applicant, Each alternative identified in this section will be intended to meet the project's primary objectives while minimizing or eliminating significant environmental effects associated with the proposed project. For purposes of budgeting for this task, it is anticipated that no more than three (3) alternatives will be presented in the EIR, including the No Project Alternative. If exhibits illustrating the alternatives are required, we expect that the exhibits will be Page 5 T&B Planning, Inc. Nichols Mine Expansion FIR Proposal Exhibit A: Intended Approach provided by the Project Applicant's engineer at a level of detail that facilitates their analysis as required under CFOA. T&B Planning also can prepare the illustrations, although not budgeted at this time. Individuals and Agencies Consulted. This required section will identify all persons contacted in order to prepare the EIR. References. This required section will identify all reference sources used and persons contacted in order to prepare the EIR. Upon completion of the Administrative Draft EIR, the Administrative Draft EIR and its supporting technical reports will be submitted to the City and the Project Applicant for review and comment. Task 2.3 Prepare 2nd and 3`d Administrative Draft EIRs Based on comments received on the First Administrative Draft EIR document, T&B Planning will revise the EIR document to respond to comments, questions, and requests for clarification. This proposal anticipates that comments will be moderate in scope and complexity. All document revisions will be indicated in *�CNkeot/underline format based on comments provided. For the purpose of creating a budget for this task, we expect that the City will not require substantial changes to the Project Description or to any of the technical reports prepared in support of the EIR. Upon completion of the Second Administrative Draft EIR, the EIR document and its supporting technical reports will be submitted to the City and Project Applicant for additional review. The budget for this task anticipates that only minor document revisions will be requested from the City and Project Applicant following submittal of the Second Administrative Draft EIR document, which will be incorporated as part of the Third Administrative Draft EIR document. However, if any substantive issues remain, T&B Planning will arrange a meeting with City staff to discuss the comments and recommend appropriate ways to address remaining concerns. Following City review of the Third Administrative Draft EIR document, it is expected that the City would clear the EIR for public review. Task 2.4 Prepare Mitigation Monitoring and Reporting Program T&B Planning will prepare a stand-alone Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law and City requirements to ensure implementation of mitigation measures, standard conditions, and project design features assumed in the EIR's analysis of impacts. The table will identify the conclusions drawn by the EIR, identify the level of impact significance for each significance threshold, and list every project requirement and mitigation measure listed in the body of the EIR, with the implementation timing and responsible parties noted. The MMRP will be provided as part of the Second Administrative Draft EIR. T&B Nanning staff is experienced in preparing practical, easily -implemented mitigation monitoring plans for a wide range of mitigation requirements. This proposal includes one round of moderate revisions to the MMRP in *ka*/underline format based on comments provided by City staff. Task 2.5 Prepare Notice of Completion and Public Review Draft EIR Upon receiving City authorization to publish the Draft FIR, T&B Planning will prepare and print for public distribution the Draft EIR and its Technical Appendices per City direction and State requirements. The budget for this task includes distribution of the Draft FIR and Technical Appendices primarily in PDF format, burned to CDs with a custom-designed label. A small number of hard copies will be required for the City's internal needs and for distribution to agencies that require paper copies. Expenses associated with printing the Public Review Page 6 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Intended Approach Draft EIR are not included in the budget for Task 2.5, and will instead be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLYRATESAND BILLING POLICY (EXHIBIT Q. T&B Planning also will prepare the Notice of Completion (NOC) required for the Draft EIR's 45 -day public review period. This proposal anticipates that the Project Applicant's Title Company will provide updated mailing labels for all property owners and occupants within the City's required notification radius. As part of this task, T&B Planning also will work with City staff to ensure that an advertisement is prepared for publication in the local newspaper as required by CEQA. The distribution list for the Draft EIR will be based on the distribution list prepared for the project's NOP (Task 1.2), and supplemented if necessary by persons and organizations that request notification and/or all individuals and agencies that commented on the project's IS/NOP. Prior to public distribution, T&B Planning will submit the draft mailing list to the City for review and approval. T&B Planning will conduct the Draft EIR distribution by first-class mail. Mailing expenses are not included in the budget for this task, and will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). Written public comment will be directed to the City. We recommend that the City forward copies of the comment letters to T&B Planning as they are received, and then send us the complete set of original letters at the close of the public comment period. This will ensure that we have a complete package and will allow for scanning at the best quality possible. If any comments necessitate an expanded scope of analysis in the Final EIR, we will immediately evaluate our scope -of -work and notify the City. PHASE 3 PREPARE FINAL EIR, RESPOND TO COMMENTS, MMRP, AND HEARING MATERIALS Task 3.1 Prepare Response to Public Comments and Administrative Draft Final EIR Upon completion of the 45 -day public review period, T&B Planning will prepare written responses to all comment letters received. All comments received in response to the Draft EER will be discussed with City staff, the Project Applicant, and the technical consultants as necessary, and an approach to the responses will be agreed upon prior to preparation of the draft Response to Comments. The draft Response to Comments will be submitted to the City and Project Applicant for review and approval. The budget for this task is based on the expectation that comments will not exceed more than 15 commenting agencies/individuals and/or over 75 substantive comments. Concurrently, T&B Planning also will incorporate revisions into the EIR document necessary to clarify or correct information in support of the draft Response to Comments. Any such revisions will be shown in str /underline format. A new section in the EIR ("Final FIR") will be drafted to document the public review process for the EIR, summarize the comment letters received, and identify the nature, location, and reason for any and all revisions incorporated into the final document. This new section also will provide a discussion and rationale for why recirculation of the Draft EIR for an additional 45 -day public review period is not required pursuant to CEQA Guidelines Section 15088.5. The first draft of the Response to Comments and Final EIR will be submitted to City and Project Applicant for review and comment. In the interest of minimizing budget for this task, the budget includes submittal of only the Final EIR section and any changed pages in the Draft EIR for the initial review by the City and Project Applicant, along with copies of the draft Response to Comments and electronic versions of the Final EIR section, changed pages, and Responses to Comments. Following receipt of comments from the City and Project Applicant., T&B Planning will incorporate revisions to the Response to Comments and draft Final EIR and re- submit the documents for a second iteration of City review. Page 7 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Intended Approach Following the City and Project Applicant's second review of the Response to Comments and draft Final EIR, it is expected that the document will either be approved by City staff for consideration by the Planning Commission, or that only minor revisions would be necessary. Major revisions are not expected, nor budgeted. Once approved by City staff, T&B Planning will publish copies of the draft Final EER for use by decision -makers and City staff during the public hearing process. Additionally, and as required pursuant to CEQA Guidelines Section 15088(b), T&B Planning will distribute copies of the Response to Comments via certified mail to all public agencies and individuals that commented on the Draft EIR at least 10 days prior to certification of the Final EIR. Certified mailing expenses and printing expenses are not included in the budget for this task, and will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLY RATES AND BILLING POLICY (EXHISIT C). Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations T&B Planning will prepare the CECLA documents required for the Final EIR public hearings, including the Statement of Overriding Considerations (if required) and the Section 15091 CEQA Findings of Fact (requiring a summary of each effect, identification of one or more of the required CEQA findings, listing of the associated mitigation measures, and the rationale for implementing the measures). This document will be submitted to the City and Project Applicant for review, editing, and approval, Following review of the first draft, it is anticipated that the City and/or Project Applicant may request minor revisions to clarify or expand on the findings and/or rationale for adopting a Statement of Overriding Considerations. The budget for this task includes one round of revisions to the Findings of Fact/Statement of Overriding Considerations, following which the final document will be submitted to the City for final review and approval. Task 3.3 Prepare and Post Notice of Determination After certification of the Final EIR by the City of Lake Elsinore, the City will prepare a Notice of Determination (NOD) form pursuant to Section 15094 of the state CEQA Guidelines, T&B Planning will post the City -prepared Notice of Determination (NOD) with the County Clerk. Timely filing (within five (5) working days of final decision) of the NOD by the lead agency (City of Lake Elsinore) reduces the statute of limitations on court challenges to the approval under CEQA from 180 days to 30 days. PHASE 4 MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL It is our intent to anticipate the meetings, hearings, coordination, and correspondence which might be required as part of this task. However, because working on entitlement projects is so often "reactive," it is difficult to know exactly what work will be needed. Therefore, while we have provided budgets for each of the Tasks below, these budgets should be considered estimates only, because all work performed under this Phase of work by T&B Planning will be on a Time and Materials basis in accordance with our HOURLY RATES AND BILLING POLICY, which is included herein within EXHIBIT C. Certain tasks can be anticipated and have been identified, but we also realize that a client's needs sometimes require additional meetings, unanticipated correspondence, etc. As the work efforts associated with these tasks are identified, we can provide updated budget estimates for their completion. Page 8 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A: Intended Approach Task 4.1 Meetings, Correspondence, and Coordination L' All time spent by T&B Planning in attending meetings, preparing/updating project schedules, or in coordinating/communicating via phone, e-mail, letter and/or web -based conferencing with City staff, public agencies, the Project Applicant, legal counsel, and the project team (as needed) will be billed on a Time and Materials basis against the budget for this task. The amount of effort required for this task is highly dependent on the need for assistance from the City, Project Applicant, and the project team. This task will commence upon authorization of this contract and will continue throughout the duration of the project. The actual number of hours associated with this task may be higher or lower than the estimated budget, which is set at $15,000.00, representing approximately 120 hours of staff time, and the budget for this task be drawn upon based on need. When the budget for this task is drawn down to $2,000, we may request additional funds authorization from the City if remaining coordination work is expected to exceed that amount. When the amount is fully drawn down, T&B Planning will cease coordination tasks. We will only bill for the actual number of hours required for this task. Attendance at Public Hearings is budgeted separately as part of Task 4.2. Task 4.2 Prepare For Attend and Present at Public Hearings For the purpose of preparing an estimated budget for this task, we anticipate that a T&B Planning Principal and Senior Project Manager will take the lead in preparing for and presenting at a total up to two (2) public hearings before the City Planning Commission and/or the City Council (in the event the project is appealed). Time preparing for, attending, and traveling to/from public hearings will be billed on a Time and Materials basis against the estimated budget for this task. If additional public hearings are required, then the additional time will be billed against the budget for Task 4.1. If less time is required, we will only bill for the time actually spent. Task 4.3 Document Publishing and Coordination Work conducted under this task includes compilation of the Initial Study/NOP, Administrative Draft EIRs, Draft EIR, and Final EIR for printing and distribution. These documents are required to be distributed in both PDF and hard copy formats. Work efforts include creating master PDFs, burning documents to CDs, creating custom CD labels, and coordinating hard copy printing as necessary. It should be noted that the budget for this task accommodates only staff time spent in preparing, compiling, and coordinating printing of required documents and/or CDs. Costs associated with printing and CD creation will be billed as reimbursable expenses against the budget for Task 5.1, in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT Q. Task 4.4 Administrative Record Filing Prior to the first public hearing, T&B Planning will prepare a comprehensive electronic record, with a corresponding index, of all relevant documentation in our possession for transfer to the City as part of the Administrative Record. Relevant documentation will include final versions of the Initial Study/NOP, EIR, supporting technical reports, all information sources cited in the EIR's references section, and pertinent written correspondence related to the EIR analysis methodologies and findings. T&B Planning will provide the City with one (1) CD of the administrative record. PHASE 5 DELIVERABLES Task 5.1 Deliverables The proposed budget provided with this proposal includes reproduction and other related costs, as well as mailing costs associated with the public distribution of documents and notices, based on the following quantity of deliverables. The number of copies to be provided indicated in the table below includes estimations and not Page 9 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit A, Intended Approach fixed numbers. T&B Planning will provide the desired number of copies of the appropriate document; however, any additional copies greater than the total specified in the table below shall be prepared at cost and only upon the written approval of the City. Costs associated with the below -listed deliverables shall be invoiced in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT C). It should be noted that the actual deliverables that may be needed in support of the project may vary from the list of deliverables provided below, and that not all of the deliverables listed below may be necessary. The budget for this task is intended to include any and all deliverables required for the project, whether listed below or not. Deliverable Format of Deliverable Initial Study/NOP ■ 60 Hard Copies of Notice of Preparation ■ Postage for Public Review Certified Mailings (Up to 60 mailings) First Administrative Draft EIR ■ 1 CD with PDF version of EIR (including graphics) and Technical Appendices ■ 6 Hard Copies of the Administrative Draft EIR (including 1 copy for Project Applicant) ■ 1 Hard Copy of Complete Technical Appendices Binder ■ FedFx expense for delivery of EIR to Pro'ect Applicant Second Administrative Draft EIR ■ 1 CD with PDF version of FIR (including graphics) and Technical Appendices ■ 6 Hard Copies of the Revised Administrative Draft EIR (including 1 copy for Project Applicant) ■ 1 Hard Copies of each Revised Technical Study ■ FedFx expense for delivery of EIR to Project Applicant Third Administrative Draft EIR ■ 1 CD with PDF version of FIR (including graphics) and Technical Appendices ■ 3 Hard Copies of the Revised Administrative Draft EIR (including 1 copy for Project Applicant) ■ FedEx expense for delivery of FIR to Pro'ectApplicant Public Review Draft EIR ■ 9 Hard Copies of the Public Review Draft EIR (2 copies for City of Lake Elsinore, up to 5 copies for Responsible/Trustee Agencies, 1 copy for the Project Applicant, and 1 copy for T&B Planning) ■ 1 Hard Copy of the Technical Appendices Binder ■ Up to 45 CDs with PDF versions of the EIR and Technical Appendices (10 CDs for City, 15 CDs for State Clearinghouse, and 20 CDs for distribution to Responsible/Trustee Agencies) ■ Up to 65 Hard Copies of Notice of Completion (NOC) ■ 15 Hard Copies of Executive Summary (for OPR) ■ Custom-designed CD labels Mailing Expenses, including: o First-class mail postage for distribution of up to 40 copies of the Public Notices/NOC to surrounding property owners and public agencies; o Certified mail postage for distribution of up to 15 CDs and public notices/NOC to Public Agencies; o FedFx expenses for distribution of hard copies of the FIR, hard copies of the NOC, and CDs to up to 5 Responsible/Trustee Agencies and the Project Applicant; and o FedEx expenses for delivery of the 15 hard copies of the Executive Summary and 15 CDs to the State Clearinghouse. Final FIR ■ 3 Hard Copy of the Final FIR (1 copy for the City, 1 copy for the Project Applicant, and 1 copy for T&B Planning) ■ 1 Hard Copy of the Technical Appendices Binder ■ 1 CD with PDF versions of the Final EIR and Technical Appendices ■ FedEx expense for delivery of Final EIR to Project Applicant ■ 1 Hard Copy of the NOD Administrative Record ■ 1 CD Page 10 T&B Planning, inc. Nichols Mine Expansion FIR Proposal Exhibit B: Project Budget The services set forth in EXHIBIT A, Intended Approach, shall be provided pursuant to the following cost estimate: Notes: 1) The fees for Task 1.1, Task 1.2, Task 2.2, Task 2.4, Task 2.5, Task 3.2, and Task 3.3 represent fixed fees based on the accompanying SCOPE OF WORK. These fees will not be exceeded unless the CITY of LAKE ELSINORE AND/OR PROJECT APPLICANT dictate changes to the SCOPE OF WORK. 2) The fees for Task 2.1, Task 2.3, Task 3.1, Phase 4, and Phase 5 are estimates for budgeting purposes. Work shall be performed under these tasks on a Time and Materials basis in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT Q. 3) Deliverable expenses, as set forth under Task 5.1, shall be instead be invoiced on a Time and Materials basis against the budget identified above for Task 5.1, in accordance with our HDURLYRATESAND BILLING POLICY (EXHIBIT C). Page 11 T&B Planning, Inc. Phase 1: Environmental Scoping Task 1.1 Prepare Project Description Fixed Fee $3,880.00 Task 1.2 Prepare Initial Study and Notice of Preparation Fixed Fee $9,640.00 Subtotal Phase 1: $13,520.00 Phase 2: Prepare Draft EIR and Distribute For Public Review Task 2.1 Evaluate NOP Comment Letters Estimated Fee $1,500.00 Task 2.2 Prepare Administrative Draft EIR Fixed Fee $43,675.00 Task 2.3 Prepare 2nd and 3rd Administrative Draft EIRs Estimated Fee $18,250.00 Task 2.4 Prepare Mitigation Monitoring and Reporting Program Fixed Fee $2,220.00 Task 2.5 Prepare Notice of Completion and Public Review Draft EIR Fixed Fee $8,435.00 Subtotal Phase 2: $74,080.00 Phase 3: Prepare Final Elft, Respond to Comments, MMRP, and Hearing Materials Task 3.1 Prepare Response to Public Comments and Administrative Draft Final EIR Estimated Fee $11,000.00 Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations Fixed Fee $8,250.00 Task 3.3 Prepare and Post Notice of Determination Fixed Fee $515.00 Subtotal Phase 3: $19;765.00 Phase 4: Meetings, Project Management, and Quality Control Task 4.1 Meetings, Correspondence, and Coordination Estimated Fee $15,000.00 Task 4.2 Prepare For, Attend, and Present at Public Hearings Estimated Fee $4,800.00 Task 4.3 Document Publishing and Coordination Estimated Fee $4,025.00 Task 4.4 Administrative Record Filing Estimated Fee $5,900.00 Subtotal Phase 4: $29,725.00 Phase 5: Deliverables Task 5.1 Deliverables Estimated Fee $7,800.00 Subtotal Phase 5: $7,800.00 Estimated LaborTotal d• Notes: 1) The fees for Task 1.1, Task 1.2, Task 2.2, Task 2.4, Task 2.5, Task 3.2, and Task 3.3 represent fixed fees based on the accompanying SCOPE OF WORK. These fees will not be exceeded unless the CITY of LAKE ELSINORE AND/OR PROJECT APPLICANT dictate changes to the SCOPE OF WORK. 2) The fees for Task 2.1, Task 2.3, Task 3.1, Phase 4, and Phase 5 are estimates for budgeting purposes. Work shall be performed under these tasks on a Time and Materials basis in accordance with our HOURLY RATES AND BILLING POLICY (EXHIBIT Q. 3) Deliverable expenses, as set forth under Task 5.1, shall be instead be invoiced on a Time and Materials basis against the budget identified above for Task 5.1, in accordance with our HDURLYRATESAND BILLING POLICY (EXHIBIT C). Page 11 T&B Planning, Inc. Nichols Mine Expansion LIR Proposal Exhibit C: Hourly Rates and Billing Policy AIR V I,4 PLINNINC If at any time during the completion of this project, we are requested to perform services beyond the Scope of Work or if T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for such work in accordance with the hourly rates provided below: • Principal/Senior Designer........................................................................$175.00/Hour • Senior Associate..................................................................................... $125.00/Hour • Senior Manager/Senior Planner..............................................................$125.00/Hour • Project Manager....................................................................................... $ 95.00/Hour • Graphics Manager....................................................................................$ 95.00/Hour • Project Planner......................................................................................... $ 80.00/Hour • Environmental Analyst............................................................................. $ 80.00/Hour • Staff Planner............................................................................................. $ 65.00/Hour • Graphic Artist/GIS Technician.................................................................. $ 65.00/Hour • Administrative Assistant/Assistant Planner ............................................. $ 40.00/Hour T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting, duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery services), except as otherwise provided for by Task 5.1, Deliverables. We invoice on a monthly basis in proportion to the time spent on the project to date. Time and materials labor is rounded to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of task complete. Unless pre- arranged, all billing statements are due and payable within thirty (30) days of the submittal date. A finance charge of 1%z% per month will be charged on all invoices not paid within thirty (30) days of submittal. T&B Planning's procedure for prioritizing work is strongly influenced by timely payment of invoices by the Client. Outside professional services performed by other individuals/firms that are sub -contracted through T&B Planning will be performed only following authorization by you. Billing for any services that are sub -contracted will be billed at our actual cost plus 2% for administrative handling. The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve processing and discretionary approvals by politically influenced agencies and elected officials for which we can provide no guarantee of success. The compensation for T&B Planning, its sub -consultants and vendors is not dependent on agency concurrence or approvals. The Client agrees to limit T&B Planning's design professional liability to the Client and to all construction Contractors and Subcontractors on the project, because of T&B Planning's negligent acts, errors, or omissions, such that the total aggregate liability of T&B Planning's liability shall not exceed $50,000 or T&B Planning's total fee for services rendered on this project, whichever is greater. All work products, including but not limited to correspondence, reports and maps, generated for this project and retained by T&B Planning in its files shall be stored for a period of five years after completion of the project and then discarded, unless T&B Planning is advised in writing by the Client to retain or transfer such files. Page 12 T&B Planning, Inc. Nichols Mine Expansion EIR Proposal Exhibit D: Authorization Form I hereby authorize T&B Planning, Inc. (dba T&B Planning) to proceed with the services provided for by this proposal, which include: 1) Environmental Scoping; 2) Prepare Draft EIR and Distribute For Public Review; 3) Prepare Final EIR, Respond to Comments, MMRP, and Hearing Materials; 4) Meetings, Project Management, and Quality Control, and 5) Deliverables. Task 1.1, Task 1.2, Task 2.2, Task 2.4, Task 2.5, Task 3.2, and Task 3.3 as described in the SCOPE OF WORK, will be provided for a fixed fee budget of $76,615.00. Task 2.1, Task 2.3, Task 3.1, Phase 4, and Phase 5, as described in the SCOPE OF WORK, will be provided on a Time and Materials basis under an estimated fee budget of $68,275.00, on an as -needed or on-going basis, as described in Exhibit A, INTENDED APPROACH. Work shall be performed under these tasks on a Time and Materials basis to the maximum fee indicated, in accordance with our HOURLY RATES AND BVING POLICY (EXHIBIT Q. The total cost contracted is $144,890.00. I have read and approved the full attached proposal which details these services and budget. As T&B Planning proceeds with work under this contract, T&B Planning will bili CLIENT on a monthly basis for work completed during the month. CLIENT will remit payment of the monthly invoices within 30 days. If T&B Planning does not receive payment within 30 days, then CLIENT understands that all work on the project will stop until the invoice is paid. All invoices that are past 30 days due will be subject to a 1.5% per month late fee. T&B Planning and CLIENT agree that CLIENT may request that T&B Planning cease or suspend work on the project at any time. In that event, T&B Planning shall prepare and submit an invoice for work completed as of the date T&B Planning was notified to cease or suspend work. CLIENT agrees to compensate T&B Planning for work performed under this proposal through the date work was ceased or suspended. I hereby authorize T&B Planning to proceed with the services provided for by this proposal. I have read and approved the full attached proposal which details these services, time frames, and budget. T&B PLANNING, INC. Signature Name and Title (Print) Date Page 13 T&B Planning, Inc, March 18, 2015 Date O Q Ln Q o M O O rV O Q N O O L6 Ln 6 r4 N Ln O r, O M Ln r" o ` ll m m' m -i rI rl N rl tl? tn- th t/} 4 r} N i/F 0 0 r+ o Ln Ln Ln m v, o Nr -4 N m rO .-I 01 Q C O fS3 C C O O O C V C o O ai U C u -O C C LE °�° -o'a -0 0. p C O Q t V7 (.� tY L .0 CU rD L C O , > 41 Eco C Z r ❑A v L„ M o E w a'E ,? 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N 1 � I _Y I Y I Y (ti N Ln Ln 0 �►�� n CERTIFICATE OF LIABILITY INSURANCE DATEtMMfDD1YYYY) 6/1212015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strategies Company 2040 Main Street, Suite 450 irvine, CA 92614 CONTACT NAME: Risk Strategies Company P FAX HONE 949_242-9240 No E-MAIL ADDRESS: syoung@risk-strategies.com INSURER(S) AFFORDING COVERAGE NAIC N OB3A54679200 INSURER A: Citizens Insurance Co. of America 31534 www.risk-strategies.com CA DO[ License No. OF06675 INSURED T&SPlanning Inc. 17542 E. 17th Street, Suite 100 Tustin CA 92780 INSURERB: Allmerica Financial Benefit Ins Co 41840 INSURERC: Hanover American Insurance Co. 36064 INSURER D : Continental Casualty Company 20443 INSURER E r INSURER F: K1"KAOCO. n Wl 111ti111w NI IM Ki W' 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. IN SR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM1DDlY POLICY EXP MMlDDIYYYY LIMITS A / COMMERCIAL GENERAL LIABILITY CLAIMS -MADE W OCCUR ✓ ✓ OB3A54679200 2/1/2015 2/1/2016 EACH OCCURRENCE $ $2,000,000 DAMAGE RENTED PREM SES Ea occurrence $ $1,000,000 MED EXP (Any one person) $ $10,000 PERSONAL & ADV INJURY $ $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $4,000,000 PRODUCTS-COMP/OPAGG S $4,000,000 POLICY � JEo F1 LOC $ OTHER: B AUTOMOBILE LIABILITY ✓ ✓ AW3A21249701 2/1/2015 2/1/2016 EaaBcideDI51NGLE LIMIT $ $1,000,00() BODILY INJURY (Per person) $ ,/ ANY AUTO BODILY INJURY (Per accident} $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED ✓ HIREDAUTOS y/ AUTOS 1 PROPERTY DAMAGE $ Psraccident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IN ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ WZ3A54682100 2/1/2015 2/1/2016 1/ STATUTE ER" E.L. EACH ACCIDENT $ $1,000,000 E.L. DISEASE - EA EMPLOYE $ $1,DOO,DDO OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE - POLICY LIMIT $ $1,000,000 If yes, describe under DEwie TION OF OPERATIONS below D Professional Liability MCH288294144 9/20/2014 9/2012015 Per Claim: $1,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES tACORD 161, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to: Job No. 996-001. The City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are additional insureds, including primary and non-contributory clause, on the General and Automobile liability policies -per the attached endorsements. A Waiver of Subrogation applies to the General Liability, Automobile Liability and Workers Compensation policies per the attached endorsements. GtM I It -ILA I t r1ULUtTt �.ru�i.c�l_n 1 lulu City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael Christian © 1988-2014 AGORA CORPILIHA I IUN. An rignts reservea. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 25080959 1 15-16 GL -AL -UL -INC, 19-15 PL I Sandi Moreno 1 6/12/2015 11;39:39 AM (PDT) I Page 1 of 10 POLICY NO.:0E33A54679200 INSURED: T & B Planning, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGL FORM I. Additional Insured by Contract, Agreement or Permit Under SECTION II -- LIABILITY, C. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, but only with respect to: (3) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury', "property damage' or "personal and advertising injury" arises out of the sole negligence of the lessor; (4) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury', "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This includes but is not limited to any professional services as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advice, expertise or work. Construction includes, but is not limited to, the pian, conception, design, build, construct, assembly, development, safety, erection, formation, reconstruct, rehabilitation, repair, or any improvement made to real property. Construction also includes the hiring, supervision or management of any of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. II. Additional Insured by Contract, Agreement or Permit — Primary and Non-contributory The following is added to SECTION III — COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II - LIABILITY, Part C — Who is An Insured, is primary and non-contributory, the following applies: 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission 25000459 1 15-16 GL -AL -UL -WC, 14-15 PL I Sandi Moreno 1 6/12/2015 11;39:39 AM (PUT) I Page 2 of 10 Page 1 of 3 If other valid and collectible insurance is When this insurance is excess, we will have available to the Additional Insured for a loss no duty under SECTION II — LIABILITY, we cover under SECTION II — LIABILITY, Part A. Coverages, 1. Business Liability to Part A. Coverages, Paragraph 1., Business defend the insured against any "suit" if any Liability our obligations are limited as other insurer has a duty to defend the follows: insured against that "suit". If no other insurer a. Primary Insurance defends, we will undertake to do so, but we will be entitled to the insured's rights against This insurance is primary to other all those other insurers. insurance that is available to the Additional Insured which covers the When this insurance is excess over other Additional Insured as a Named Insured. insurance, we will pay only our share of the amount of the loss, if any, that exceeds the We will not seek contribution from any sum of: other insurance available to the Additional Insured except: (1) The total amount that all such other insurance would pay for the loss in the (1) For the sole negligence of the absence of this insurance; and Additional Insured; (2) The total of all deductible and self - (2) When the Additional Insured is an insured amounts under all that other Additional Insured under another primary liability policy; or insurance. (3) When b.(2) below applies. We will share the remaining loss, if any, with any other insurance that is not described in If this insurance is primary, our this Excess Insurance provision and was not obligations are not affected unless bought specifically to apply in excess of the any of the other insurance is also Limits of Insurance shown in the primary. Then, we will share with all Declarations of this Coverage Part. that other insurance by the method described in b.(3) below. c. Method Of Sharing b. Excess Insurance If all of the other insurance permits contribution by equal shares, we will follow this method also. This insurance is excess over: Under this approach each insurer contributes (1) Any of the other insurance, whether equal amounts until it has paid its applicable limit primary, excess, contingent or on of insurance or none of the loss remains, any other basis: whichever comes first. (a) That is Fire, Extended If any of the other insurance does not permit Coverage, Builder's Risk, contribution by equal shares, we will contribute Installation Risk or similar by limits. Under this method, each insurer's share coverage for "your work"; is based on the ratio of its applicable limit of (b) That is Fire insurance for insurance to the total applicable limits of premises rented to the insurance of all insurers. Additional Insured or III. Aggregate Limit of Insurance (Per Project) temporarily occupied by the Additional Insured with a. For purposes of the coverage provided by this permission of the owner; endorsement, D. Liability and Medical Expenses Limits of Insurance under Section II (c) That is insurance purchased by — Liability is amended by adding the following: the Additional Insured to cover The General Aggregate Limit under D. Liability the Additional Insured's liability and Medical Expenses Limits of Insurance as a tenant for "property applies separately to each of "your projects" or damage" to premises rented to each location listed in the Declarations. the Additional Insured or temporarily occupied by the b. For purposes of the coverage provided by this Additional Insured with endorsement F. Liability And Medical permission of the owner; or Expenses Definitions under Section 11 - Liability is amended by adding the following: (d) If the loss arises out of the maintenance or use of aircraft, a. "Your project" means: "autos" or watercraft to the 1. Any premises, site or location at, on, or extent not subject to Exclusion in which "your work" is not yet g. of SECTION II — LIABILITY, completed; and Part A. Coverages, 1. Business Liability. ii. Does not include any location listed in the Declarations. 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 3 25080554 1 15-16 GL-AL-UL-Wc, 19-15 PL I Sandi Moreno 1 6/12/2015 11:39:39 AM (PDT) I Page 3 of 10 IV. Blanket Waiver of Subrogation Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We will waive any right of recovery we may have against any person or organization when you have agreed in a written contract, permit or agreement to waive any rights of recovery against such person or organization 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". 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 3 of 3 25080454 1 15-16 GL -AL -UL -WC, 14-15 PL I Sandi Moreno 1 6/12/2015 11:39:39 AM JFDT) I Page 4 Cf 10 NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) INSURED: T & B Planning, Inc. POLICY NO.: OB3A54679200 AW3A21249701 This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM ¢rNt=nl It r= Name of Designated Entity Mailing Address or Email Address Number Days Notice 30 130 South Main Street Lake Elsinore CA 92530 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no less than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. Failure to provide notice in accordance with the terms of this endorsement does not: a. Alter the effective date of policy cancellation; b. Render such cancellation ineffective-, c. Grant, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 401-1235 04 11 Includes copyrighted material of Insurance Services Office Inc., Page 1 of 1 with its permission 25080454 1 15-16 (,L -AL -UL -WC, 14-15 PL I Sandi Moreno 1 6/12/2015 11;39:79 AM (PDT) I Page 5 of 10 Policy No.: AW3A21249701 -nic Hanover Insurance Group" 4 -4k\ - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provide by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 2/1/2015 Name Insured: T & B Planning, Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 25080454 1 15-16 cL-AL,-w-WC, 14-15 Pr. I Sandi Moreno J 6/12/x015 11:39:39 .4M (PDT) I Page 6 of 10 Insured: T & B Planning, Inc. Policy No.: AW3A21249701 14. AUTO LOAN PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: When a "loss" results in a total loss to a covered auto you own for which a Loss Payee is designated in this policy, the most we will pay for "loss" in any one "accident" is the greater of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 2. The outstanding balance of the initial loan, less any amounts for taxes, overdue payments, overdue payment charges, penalties, interest , any charges for early termination of the loan, costs for Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan, and carry-over balances from previous loans. 15. AUTO LEASE PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: If, because of damage, destruction or theft of a covered "auto", which is a long-term leased "auto", the lease agreement between you and the lessor is terminated, "we" will pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2. and the amount due at the time of "loss" under the terms of the lease agreement applicable to the leased "auto" which you are required to pay: less any fees to dispose of the auto; any overdue payments; financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; security deposits not refunded by the lessor; cost for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan; and carry over balances from previous leases. This coverage applies only to the initial lease for the covered "auto" which has not previously been leased. This coverage is excess overall other collectible insurance. SECTION IV - CONDITIONS 16. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss: d. Knowledge of any "accident", claim, "suit" or "loss" will be deemed knowledge by you when notice of such "accident", claim, "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; or (3) An executive officer or insurance manager if you are a corporation. 17. BLANKET WAIVER OF SUBROGATION Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us, SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is replaced by the following: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0156 (9-97) 25080454 1 15-16 GL -AI, -UT ­WC, 14-15 PL I Sandi Moreno 16/12/2015 11:39:39 AM (PDT) I Page 7 of 10 Insured: T & B Planning, Inc. Policy No.: AW3A21249701 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, which have not been waived through the execution of an "insured contract", written agreement, or permit, prior to the "accident" or "loss" giving rise to the payment, those rights to recover damages from another are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after the "accident" or "loss" to impair them. 18. UNINTENTIONAL FAILURE TO DISCLOSE, INFORMATION The following is added to SECTION IV BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failure to disclose, any material fact existing after the effective date of this Coverage Form shall not prejudice your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 19. HIRED AUTO -WORLDWIDE COVERAGE The following is added to SECTION IV - Business Auto Conditions, B. General Conditions, paragraph 7. Policy Period, Coverage Territory provision: e. Outside the coverage territory described in a., b., c., and d. above for an "accident" or "loss" resulting from the use of a covered "auto"you hire, without a driver, or your employee hires without a driver, at your direction, for the purpose of conducting your business, for a period of 30 days or less, provided the suit is brought within The United States of America or its territories or possessions. SECTION V - DEFINITIONS 20. MENTAL ANGUISH Paragraph C. "Bodily injury", SECTION V - DEFINITIONS is replaced by the following: C. 'Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) 25060454 1 15-16 IL -AL -UL -WC, 14-15 PL I sandi Moreno 1 6/12/2015 11:39:39 AM (PDT} I Page 5 of 10 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless otherwise stated. This endorsement effective on 2/1/2015 part of Policy No. WZ3A54682100 Of the Hanover American Insurance Co. issued to. T & B Planning, Inc. Premium (if any) $ at 12:01 am standard times forms a Authorized Representative 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) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM, YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description: Projects as on file with the insured WC 252 040 84 25080454 1 15-16 GL -AL -UL -WC, 14-15 PL I Sandi Moreno 1 6/12/2015 11:39:39 AM (PDT) i Page 9 of 10 NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) (Including Nonpayment of Premium) This endorsement modifies insurance provided under the Following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY SCHEDULE Name of Designated Entity Mallina Address or Email Address Number Das Notice City of Lake Elsinore 30 AttmCffiy—Cferk 130 South Main Street Lake Elsinore CA 92530 Information required to complete this Schedule, ifnot shown above, will be shown in the Declarations. If we cancel this policy for any reason, including nonpayment of premium, we will give written notice of such can- oellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing, The notice to the Designated Entity(s) will state the effective date of cancellation, Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no less than the number of days In advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. If the reason for cancellation is nonpayment of premium, however, we will provide ten days notice. Such notice of cancellation is solely for the purpose of Informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. Failure to provide notice in accordance with the terms of this endorsement does not; a. Alter the effective date of policy cancellation; b_ Render such cancellation ineffective; c. Grant, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement changes the policy to which it is attached and is effective on The date issued unless otherwlse stated. )Tho Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective2/1 /2015 Policy No.:WZ3A54682100 Endorsement No: NIA Insured: Insurance Company: T 9 R Plnnninn Inn. , Allmerica Financial Benefit Ins Co lam,!'•: ,''; Jf L . �f a:••:- Authorized Representative 331-0341 0411 Includes copyrighted materials from ISO, Inc. 2003 Page 1 of 1 ❑ 25090454 115.16 GL -AL -UL -WC, 14-15 PG I Sandi Moreno 16/12/2015 11;39:39 AM (PL)Ty I Page 10 of 10