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ENVIRONMENTAL PLANNING DEVELOPMENT SOLUTIONS, INC.
INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: JUN 0 2 W b. PD#fgACi Ile,)i'- AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL AND PLANNING SERVICES RELATED TO CEQA AND NEPA A-2020-241-15 THIS AGREEMENT is made and entered into this 1st day of December 2020, by and between Environment Planning Development Solutions, Inc. dba EPD Solutions, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. In August of 2020, the City issued Request for Qualification No. 20-100, by which it sought Consultants to provide on -call environmental, technical and planning services for the Planning Division of the City of Santa Ana. The scope of work may include any and all work efforts related to analysis of a proposed project for compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements and staffing services on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 20-100 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. Page 1 of 9 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of forty-eight (48) Consultants selected to provide environmental and planning services on an as needed basis under RFQ No. 20-100. The total compensation for services provided by all Consultants selected under RFQ No. 20- 100 is a collective amount not to exceed Two Million Six Hundred Fifty Thousand Dollars ($2,650,000.00) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for three (3) years until November 30, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive 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 all subcontractors to agree in writing that City is granted a non-exclusive and Page 2 of 9 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 provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance orrself-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 9 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or -refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEN MIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 4 of 9 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the 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 under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by Page 5 of 9 first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 To Consultant: Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax:714-647-5897 Jeremy Krout, President EPD Solutions, hie. 2 Park Plaza, Suite 1120 Irvine, CA 92614 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall. be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 6 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 7 of 9 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any. injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signature Page Follows] Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOj18Z Clerk of the Uouncil APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Bran`iton Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL MINH THAI , Executive Director Planning and Building Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Je emy I rout President Page 9 of 9 EXHIBIT A SCOPE OF SERVICES 2. Firm and Personnel Experience Firm Experience The EPD team provides on -call environmental planning and permitting services, including the preparation of CEQA and NEPA environmental documents, to many jurisdictions throughout the Orange County and the surrounding areas. Examples of EPD's recent on -call experience are provided below: • City of Riverside CEQA Services for Various Projects - Major Projects (EIR) • City of Riverside CEQA Services for Various Projects - Minor Projects (ND/MND) • San Diego Unified Port District As -needed Long Range Planning & Environmental Review Services • County of Los Angeles Department of Public Works, Water Resources Branch On -Call Environmental Documentation and Compliance Services • County of San Bernardino On -Call Planning Services • City of Garden Grove On -Call Environmental Consulting Services • City of Covina On -Call Environmental Consulting Services • City of Claremont On -Call CEQA/NEPA Services • City of San Clemente On -Call Environmental Consulting Services • City of Rancho Cucamonga On -Call CEQA Consulting Services • City of Huntington Beach On -Call Environmental (CEQA) Consulting Services • City of Tustin On -Call Environmental Consulting Services • City of Westminster On -Call Environmental Consulting Services • City of Millbrae As -Needed Environmental Services • City of Chino Hills On -Call Environmental, Planning, and Related Consulting Services • City of Menifee Annual On -Call Planning Professional Services • City of Cypress SOQ for On -Call List • City of San Jacinto On -Call Environmental Consulting Services • City of Fontana On -Call Environmental & Planning Consultants The EPD team also has significant expertise in public participation and community outreach activities. Beyond the public participation required by law (such as CEQA noticing), EPD has led public workshops, charrettes, scoping meetings, and other outreach activities in order to maximize useful public input into a project. Management Approach EPD staff members are knowledgeable about and experienced with implementing CEQA/NEPA regulations, as well as significant experience managing scoping meetings and presentations, and neighborhood meetings, and in working collaboratively with the community in responding to environmental concerns. In all projects, EPD will work closely with the city staff to perform a thorough analysis of the proposed project, and follows a balanced approach that complies with regulatory requirements and creates a defensible environmental document, while advocating on behalf of the Agency to avoid excessive, unnecessary, and costly design requirements and mitigations. EPD understands that each project and lead agency is unique. EPD is highly adaptable and adjusts project management styles and work approaches to each Agency to provide the most effective and efficient environmental documentation process possible. EPD also provides legally defensible documents and is familiar with the challenges that CEQA/NEPA documents can face. To minimize these challenges, EPD works Environmental and Planning Services RFQ #20-100 3 EPD Solutions, Inc. to identify potential challenges at the beginning of document preparation, and performs a high degree of due diligence to ensure adherence to all pertinent local, state, and federal regulations, such as the local municipal code, CEQA Statute and Guidelines, Fish and Game Code, Clean Air Act, Clean Water Act, federal and state Endangered Species Act, and numerous others. EPD's focus on effective communication is the hallmark of its approach to addressing the City's objectives and project requirements. Prior to initiating work, the project manager prepares a project schedule showing key milestones and the start/end dates for each activity leading up to the milestone on a Gantt chart. This is critical for tasks requiring long lead times (e.g., preparation of technical studies and Native American consultations) and for seasonal biological surveys. With the project schedule in hand, the project manager then develops a projected breakdown of hours required per staff member per week for the duration of the project. This action early in the project helps ensure that staff members are neither underutilized nor overutilized each week, and that an appropriate amount of time is allocated to each task to ensure work products are completed on schedule. A cloud -based time and expense tracking system is utilized that allows for a real-time review of each project's budget status. By comparing actual and projected costs, project managers are able to quickly identify any areas of concern and take corrective action to avoid budget overages. We are generally always available by phone or email and we conduct weekly workload check -in meetings and collaborate internally to ensure we meet project schedule commitments. Realizing the face-to-face interaction can be necessary to achieve the collaboration necessary to complete a complicated technical study, EPD staff also meet with local agency staff to discuss projects at appropriate points in the document preparation process. We are conscientious about project schedules and will inform the City about any unforeseen matter which could delay the timeline of a project. Preparation of CEQA/NEPA Documents In the outline of tasks below, we demonstrate our team's approach and organization necessary to prepare various types of environmental documents and technical studies/memorandums, including the issues involved and plans to address them. The scope of services details the process EPD proposes to use in efficiently producing reliable, quality, and defensible environmental documents for the City of Santa Ana as part of CEQA/NEPA compliance. EPD's approach to environmental analysis and regulation compliance is to assess early and often the projects against environmental requirements and be an active participant in concert with the City as projects are proposed, considered by city decision makers, and implemented. Our desire to be involved is with the intention of streamlining the environmental review process by guiding and informing the design, approval and construction processes to avoid significant environmental effects to extent feasible, limit project delays, reduce costs, and prevent unforeseen issues from arising related to environmental compliance. Our general approach to CEQA/NEPA projects follows these steps: Task 1. Project Initiation and Technical Study Preparation When assigned a project pursuant to this RFQ, EPD will develop a project environmental compliance strategy in close coordination with the City. This will come from an early and thorough assessment of the environmental and regulatory conditions in which the project will be considered and executed. As a first step in project implementation, EPD will coordinate with city staff to establish roles and protocols to guide communication between staff and EPD. The purpose of this step is to establish and maintain credibility with the community and ensure the legal defensibility of the CEQA documentation. This step will occur within five working days of receiving a notice of proceed. Environmental and Planning Services RFQ #20-100 q EPD Solutions, Inc. EPD will schedule a project initiation meeting with city staff to: 1. Obtain background information on the project, project plans, additional existing relevant technical studies, and any other pertinent information; 2. Discuss any updates to the technical studies are needed; 3. Discuss the team's approach to the key issues and confirm project objectives; A. Identify data needs and other information needed for EPD to complete its scope of work; and 5. Refine the project scope and environmental review schedule. EPD will also review project plans and other project documentation and any relevant regulatory documents and studies to assist in understanding the framework within which the project is going to be implemented. EPD will review all options when recommending the appropriate environmental document required for CEQA compliance. This includes the use of Statutory or Categorical Exemptions, Addendums, preparation of Negative or Mitigated Negative Declarations, or preparation of an EIR for CEQA purposes. EPD will present its findings to the city in a memorandum for consideration as a guide for the later steps. In this first task, EPD will review the project plans and site conditions for CEQA streamlining opportunities (available, for example, for certain infill developments) and exemption options. EPD will compare the project against the potential CEQA streamlining options and determine if additional information is needed. EPD will request additional information, as needed from the City or client to begin subsequent tasks. If streamlining or an exemption is suitable for the proposed project, EPD will prepare a letter describing the justification of the proposed finding. The letter will summarize the project, the site conditions, and explain why the streamlining or exemption applies. If there is no appropriate streamlining or exemption, EPD would proceed with Task 2. At this initial stage, EPD will assist the City in meeting Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) requirements by drafting consultation letters and mailing to Tribal Representatives as determined by the IEUA's AB 52 Tribal Consultation list and/or as provided by the NAHC. If requested,.EPD can manage the responses. We have extensive experience in conducting tribal consultations, and as a value-added service, EPD will assist the City with organizing and facilitating any required tribal consultations Technical Studies As part of the project Initiation, EPD will review environmental and technical reports commissioned by the applicant for CEQA. We will provide written comments to the City to forward to the applicant team, and at city staff's discretion, could coordinate with the applicant's subconsultants directly. The types of studies needed will vary based on the scope of the project. EPD has included technical subconsultants for the most frequently required studies in this scope of services, as well as details of services as they relate to the City: Traffic Impact Assessments and Parking Studies EPD possesses the capability to perform modeling in house or with our subconsultants for Air Quality and Greenhouse Gas (GHG) Assessments, Health Risk Assessments (HRA), Noise Assessments, Cultural Resources Assessment, Biological Resources Assessments, and Environmental Site Assessments. Additionally, EPD has the unique capability of an in-house Traffic Engineer who has over 18 years of experience in the transportation field and regularly performs detailed traffic analyses using her deep understanding of local regulations and CEQA. Our in-house Traffic Engineer, Meghan Macias, has extensive experience using traffic impact analysis software such as Synchro and HCS and is knowledgeable in the application of technical traffic analysis methodologies to all project types. Meghan has a proven track record of managing complicated and controversial projects to achieve defensible and implementable solutions to technical issues. Meghan serves on the Senate Bill 743 Subcommittee of the Institute of Transportation Engineers. Meghan has worked on numerous projects across Southern California and has become familiar with various traffic analysis Environmental and Planning Services RFQ #20-100 5 EPD Solutions, Inc. requirements. We are able to conduct VMT analyses as required by Section 15064.3 of the Public Resources Code. Air Quality and Greenhouse Gas Impact Analysis, Energy Use Calculations, Health Risk Assessments (HRA), and Noise/Vibration Impact Analysis Urban Crossroads, Inc. has extensive experience in SCAQMD's requirements for preparation of CEQA Air Quality and Greenhouse Gas Analysis, including screening -level Carbon Monoxide (CO) Hot Spot analysis of future conditions, Construction and Operational Localized Significance Threshold (LST) analysis as recommended by the South Coast Air Quality Management District (SCAQMD), and evaluation of applicable federal and state regulatory requirements using various methodologies (i.e., AB32, SCAQMD, CAPCOA thresholds). Urban Crossroads, Inc. staff also have extensive experience and a strong technical background in the analysis and mitigation of air toxic and criteria pollutants for Health Risk Assessments (HRA). Industry - standard modeling methodology is used in order to accurately determine if potential health impacts may occur. For Noise Assessments, Urban Crossroads, Inc. staff are experienced with collecting noise level measurements for a variety of projects from residential homes to commercial and warehouse developments and use equipment which meets the latest American National Standards Institute (ANSI) standard specifications for sound level meters. Biological Resources and Jurisdictional Permitting Blackhawk Environmental, Inc.'s biologists work across Southern California providing environmental consulting services including biological resources surveys, construction monitoring, mitigation management, monitoring and compliance, regulatory agency consulting, agency negotiations and permitting, restoration, environmental document preparation, and water resources assessments, analyses, and delineations. Their services in support of IEUA projects would include habitat assessments; protocol threatened, endangered, and sensitive plant and wildlife species surveys; jurisdictional delineations; and development of mitigation measures. Cultural Resources (Archaeological, Historic, and Paleontological Resources Assessments) Material Culture Consulting consists of cultural resource professionals with expertise in archaeology, ethnography, history, tribal cultural resource consultation, traditional land use studies, AB 52/SB18 consultation, and agency consultation to accomplish regulatory compliance under CEQA, NEPA, and other historic preservation statutes and implementing regulations. With the main office location in Pomona, Material Culture Consulting staff are familiar with, and have performed analysis for many projects in Southern California. - Environmental Site Assessments Hillmann Consulting, LLC specializes in the assessment and remedicition of hazardous materials. With a thorough knowledge of ASTM standards for Environmental Site Assessments, including Phase I, Phase II, and Phase III reporting, they have performed environmental site assessments for thousands of sites in Southern California. We also have close working relationships and preferential pricing with multiple other technical specialists in a wide variety of expertise, including engineering, water quality and hydrology, water supply assessments, geotechnical, Phase I and hazardous materials, architecture and landscape architecture, to made a few. Task 2. Draft Initial Study Once the project strategy has been developed and considered by the city, EPD will prepare or review the Initial Study checklist to determine the appropriate CEQA documentation for the project. EPD will identify technical experts responsible for preparation of necessary environmental surveys and studies (e.g., biological, noise, archaeological, historical, etc.) and will assign staff responsible for completing all tasks. Our approach to all projects focuses on collaboration. Our research conducted as part of this task, in close Environmental and Planning Services RFQ #20-100 EPD Solutions, Inc. collaboration with our technical team, will assure a comprehensive Draft Initial Study is conducted, and potential issues are identified upfront, as well as opportunities to avoid such issues through project design refinements. The Draft Initial Study will be based on the most current CEQA requirements and checklist per the State CEQA Guidelines, combined with any local amendments made by city staff. EPD will advise the City early on if the project involves a Federal nexus and requires NEPA documentation, in which case, an environmental assessment will be prepared. Task 3. Draft ND, MND or EIR EPD will initiate preparation of the draft CEQA documentation, as applicable, upon completion of the Draft Initial Study and will prepare all notices and distribute copies of the document to public agencies per the CEQA Guidelines. During the preparation of the environmental documents, EPD will maintain regular communication with the City as lead agency as well as with any responsible agencies (e.g., Caltrans, Department of Fish and Wildlife, etc.). As part of the environmental documentation task, EPD will prescribe avoidance, minimization, and mitigation measures, as needed, that are effective while also being feasible. To expedite the process, we prepare a complete screen check document for review and comment, which is more efficient than submittal of selected sections on an incremental basis. Adequate time will be provided in the project schedule for the City's review of the screen check and final drafts. Additionally, EPD will prepare and distribute all required notices and mailings including, but not limited to, the Notice of Completion, Notice of Availability (for EIRs), and the Notice of Intent to Adopt a Negative Declaration, as necessary. If the project requires NEPA, EPD will prepare and distribute the finding of no significant impact (FONSI) or Environmental Impact Statement (EIS), as needed. Task 4. Response to Comments and Final MND or EIR The public review period and response to comments are dependent on the level of CEQA document prepared. For example, an Addendum and an Exemption require no public review period, a Negative Declaration or MND require a 20- or 30-day review period (with the longer period required if State agencies are noticed through the State Clearinghouse), and an EIR requires a 45-day public review period. Following the close of the public comment period, if required, EPD will review any comments regarding the contents of the environmental document. A strategy meeting will be held with the City to discuss the comments, the City's preferred format for the responses, and to identify any information or data needs from city staff or the applicant team to address the comments. EPD will prepare a draft Response to Comments document, coordinating with the City for assistance, as necessary. If necessary, the draft environmental document will be revised to reflect any substantial changes made in Response to Comments. If the project requires an EIS, Response to Comments/Final EIS will be prepared. A Record of Decision will be filed as well. EPD will coordinate all required EPA filings, Federal Register notices, and agency and public review processes. Task 5. Mitigation Monitoring and Reporting Program (MMRP) An MMRP will be prepared pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard city format and will identify the significant impacts that would result from the project, mitigation measures for each impact, the time at which each measure will need to be conducted, the entity responsible for implementing the mitigation measure,and the Planning Division or other agency responsible 'for monitoring the mitigation effort and ensuring its success. Task 6. Findings For adoption of CEQA documentation, EPD will prepare all necessary CEQA findings with the city. A strategy meeting will be held with the city to discuss the findings, the city's preferred format for the findings, and to identify any information or data needs from city staff or the applicant team to address in the findings. Environmental and Planning Services RFQ #20-100 7 EPD Solutions, Inc. Task 7. Noticing EPD will initiate preparation of all appropriate and required noticing. During the preparation of the noticing, EPD will maintain regular communication with the city and other responsible agencies (e.g., Caltrans, other cities, or County of Orange) to prepare the appropriate and required noticing, such as public notices, Scalping Meetings, Notice of Preparation, Notice of Completion, Notice of Intent to Adopt, and Notice of Determination. Project Management, Support, and Staff Meetings The project manager's role is to ensure the adequate exchange of information for the duration of the project, from project initiation to public hearings. This includes notifying city staff of issues as they are encountered and working judiciously to resolve them. The Project Manager will maintain the project schedule, oversee the budget, and coordinate with city staff, subconsultants, and stakeholders. EPD staff will meet with city staff, as needed, and our Project Manager or other key personnel associated with specific disciplines will also be available to attend various meeting with affected jurisdictions and agencies. EPD will attend meetings with city staff, scoping meetings, and/or public hearings to provide explanation of the CEQA/NEPA process and answer questions related to the scope of the environmental documentation. EPD will assist with preparation of PowerPoint presentations and graphic materials for each public hearing. Public Scoping Meetings, Hearings, and Participation EPD will coordinate and be available to participate in public scoptng meetings, public workshops, and/or public hearings to provide an explanation of the CEQA/NEPA process and answer questions related to the scope of the environmental documentation. EPD will be available to consult with all applicable federal, State, local agencies, stakeholders, and the public. The nature and content of these meetings will be coordinated with city staff, and the city will schedule and conduct public hearings and meetings. EPD will also work in close collaboration with the city to distribute the environmental document, circulate public notices, and meet the filing requirements of the level of CEQA/NEPA document prepared. EPD will be responsible for printing and distributing the environmental document and preparing the necessary forms, and will file them with the County Clerk, the State Clearinghouse, and/or the Federal Register. Permitting and Regulatory Compliance As previous discussed, EPD manages specialized technical consultants who are experienced in the review and reporting of mitigation compliance. EPD would further coordinate with contractors and tribal monitors to ensure mitigation monitoring and reporting services are conducted in an organized and timely fashion. Urban Crossroads, Inc. staff has extensive experience with the analysis and mitigation of air toxic and criteria pollutants. Based on detailed research and analysis, Urban Crossroads would provide thorough recommendations on mitigation measures to satisfy applicable federal, State, and local air quality and noise standards. Urban Crossroads is also experienced in the preparation of construction noise mitigation and monitoring plans, as well as traffic mitigation phasing strategies. Blackhawk Environmental is experienced in biological mitigation and monitoring, and would provide these services through pre -construction biological surveys, monitoring of active birds' nests, and burrowing owl surveys, to name a few. Blackhawk Environmental has provided biological mitigation and monitoring services extensively across Southern California. Environmental and Planning Services RFQ #20-100 g EPD Solutions, Inc, EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES 4. References Reference: Brandye D'Lena, Executive Director Facilities Planning South Orange County Community College District Email: bdlena@socccd.edu Phone: 949 582-4678 Reference: Elizabeth Binsack, Community Development Director City of Tustin Email: EBinsack tustinca.or Phone: (714) 573-3031 Reference: Ashley Brodkin, Associate Planner City of Orange Email: abrodkin@cityoforange.org Phone: 714 744-7238 B. Insurance Verification EPD has reviewed the insurance requirements and understands that all required insurance must be provided to the City in advance of any work performed and renewed annually. C. Fee Schedule The following fee schedule for environmental and technical studies services includes general hourly rates for each personnel category, inclusive of office overhead and related direct and indirect costs. List of Standard Hourly Rates Position Hourly Rate President $230 Director of Transportation Planning/Principal Engineer $210 Directors of Planning, Environmental Planning, Development $195 Senior Engineer $170 Senior Associate Project Manager $170 Associate; Environmental Analyst Planner $155 Project Planner Assistant Project Manager $140 Support Staff $140 Reimbursable Expenses Actual cost+ 15% Appendix: Resumes • Konnie Dobreva, JD, Director of Environmental Planning • Jeremy Krout, AICP, President • Rafik Albert, AICP, Director of Planning • Meghan Macias, TE, Transportation Planning Director • Brad Perrine, Senior Project Manager • Tria Belcourt, Material Culture Consulting, Inc. • Haseeb Qureshi, Urban Crossroads, Inc. • Bill Lawson, Urban Crossroads, Inc. • Kris Alberts, Blackhawk Environmental, Inc. David H. Rutherford, Hillman Consulting, LLC Environmental and Planning Services RFQ #20.100 19 EPD Solutions, Inc. Digitally agned by Francine R Francine R. Villareal YIN areaI Date aon.l l.le s2:a7-o 'Go' ENVIPLA-02 ANR ,a��Ro CERTIFICATE OF LIABILITY INSURANCE DAT0/1/2021 10/1/2021 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(ies) must have ADDITIONAL INSURED provisions or 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 endorsements . PRODUCER License # OE67768 CONEAcr Rita Summon IDA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 PHONE (ac, IN Earl): (925) 416-7862 jac, Nol: Eoortks . Rita.Summan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Continental Casualty Company 20443 INSURED INSURER B: Hartford Casualty Insurance Company 29424 Environment Planning Development Solutions Inc dba EPD Solutions Inc INSURER C INSURER D : 2 Park Plaza, Suite 1120 INSURER E: Irvine, CA 92614 INSURER F : COVERAGES CFRTIFICATF NIIMRFR• REVISION MnrAneo. 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. INBR I TYPE OF INSURANCE ADDL wvD POLICY NUMBER POLICY EFF POLICY EXP LIMIT A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEl.A I OCCUR X X B6025654530 - 6123/2021 6/2312022 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED ESEMISES 1,000,000 MED EXP An one arson 10,000 PERSONAL &ADV INJURY 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JEST LOG GENERAL AGGREGATE 4,000,000 PRODUCTS -COMPIOPAGG 41000,000 OTHER: A AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT $ 1,000,000 BODILY INJURY Per arson ANY AUTO - OWNED SCHEDULED AUTOS ONLY ASUr05W X X B6025654530 6/2312021 612312022 BODILY INJURY Per accident) X Al1TO50NLY X AOUIN'OS ONLB PeOaaolden[ AMAGE $ A X UMBRELLA LIAB OCCUR EACH OCCURRENCE 4,000,000 X AGGREGATE 41000,000 EXCESS LIAB CLAIMS -MADE. X X B 6025663132 6/2312021 6/2312022 DED I X I RETENTION$ 10,000 B ACOMPENSATION ND EMPLOYERS'LIA ANY PROPRIETORIPARTNEWEXECUTIVE YIN gFFICERRNEMBE; EXCLUDED? �N ,,Mandatory in NH If yes, descdbe antler DESCRIPTION OF OPERATIONS below NIA X 57 WEG AC208W 913012021 913012022 X PER FIR E.L. EACH ACCIDENT $ 1,gpg ppp E.L. DISEASE - EA EMPLOYE $ 1,OOQ000 E.L. DISEASE - POLICY LIMIT 1,000,000 q Professional Liab. I X JEEH591923312 9/3012021 9/3012022 Per Claim 2,000,000 q Professional Liab. X EEH591923312 913012021 9/3012022 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is re uired( City of Santa Ana is included as additional insured on Commercial General Liability and Hired and Nan -Owner Auto Liability, as required by written contract. Waiver of Subrogation and Primary and Non -Contributory Provision included on Commercial General Liability Policy, as required by written contract. Waiver of Subrogation Provision included on Workers Compensation policy, as required by written contract -Commercial Excess Liability policy follows form With the Commercial General Liability, Hired and Non -Owned Auto Liability and Employers Liability Policies. and Employers Liability Policies. Should any of the above described policies be cancelled before the expiration date thereof, notice Will be delivered in accordance with the policy provisions. Professional Liability is a claims made policy and includes Waiver of Subrogation Provision as required by written contract. 30-Day Notice of Cancellation is Included per policy provisions. City of Santa Ana Risk Management Divison 20 Civic Center Plaza, 4th Floor ACORD 25 (2016/03) 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 Wdr M1tnrogemmt Divielon V�I1�� is REVIEWED&APPRovEDBr ©1988-2015 ACORD C The ACORD name and logo are registered marks of ACC I I - Risk Man,Dement Analy,t DNA SB-146968-A (Ed. 01106) Policy # B6025654530 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) .of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but .the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFINITIONS — "Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. SB-146968-A (Ed. 01/06) 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; Rick MamganadDiv bn REMEWED 6 APrawm By: Risk Management AnMpt 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over'any other insurance to which the additional insured has been 'added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under. Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured SB-146968-A (Ed. 01/06) SB-146968-A (Ed.01/06) against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the "products -completed operations hazard." RideMarogemottDiwlort REVIEWED 6APPR�O�VSr. �ED S F44.h ;M R. vw_44 C �� Risk M enagement Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON -OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Insurance is provided only with respect to those coverages for which a specific limit is shown: COVERAGE LIMIT Hired Auto Liabili $ 1o000,000 Non -owned Auto Liability: $ 1,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS A. COVERAGE With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to 'bodily injury' or "property damage" arising out of the maintenance or use of a: "Hired auto" used by you or your "employee" in the course of your business; and/or "Non -owned auto" used in the course of your business. Maintenance or use of a "non -owned auto" includes test driving in connection with an "auto business." With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to: 1. Delete paragraph A.1.b.(1)(b) and replace it with the following: b. This insurance applies: (1) To "bodily injury' and "property damage" only if: (b) The "occurrence" occurs during the policy period; and 2. Delete paragraph A.1.b.(2),. B. LIMITS OF INSURANCE With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance is deleted in its entirety and replaced with the following: D. Limits Of Insurance Regardless of the number of: a. Insureds; b. Claims made or "suits" brought; C. Persons or organizations making claims or bringing "suits"; or Page 1 Insured Name: © CNA All Rights Reserved. Eni tMnugemnd Division REnEVED & APPROVED By. Risk Management Analyst L7A_!"j. d. "Autos," the applicable Hired Auto Liability limit or Non -Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A. Coverages because of all "bodily injury" and "property damage" resulting from any one "occurrence" arising out of the maintenance or use of a "hired auto" or "non -owned auto'. C. EXCLUSIONS With respect only to the insurance provided by this endorsement: Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a., b., d., a., f. and L and to add the following exclusions: This insurance does not apply to: Fellow Employee "Bodily injury" to: (1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of Paragraph (1) above. Care, Custody or Control "Property Damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. D. WHO IS AN INSURED With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: 1. You; 2. Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business. 3. Anyone else including any partner or "executive officer" of yours while using with your permission a "hired auto" or a "non -owned auto" except: a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "non -owned auto" or any agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; SB146902G (6-16) Page 2 Eni Insured Name: © CNA All Rights Reserved. RlskMVVgMa,tDMslan iy REVIEWED 6 APPROVED Br. 21 l 00&A 4t 99�mm_ Ruk Management Malyst CHA C. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household; e. Any partner or "executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto business' you operate; g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while moving property to or from a "hired auto' or a "non -owned auto'; or 4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2, or 3. above. E. AMENDED DEFINITION The Definition of"insured contract' in Section F — Definitions is amended by the addition of the following exceptions to paragraph f.: Paragraph f. does not include that part of any contract or agreement: That pertains to the loan, lease or rental of an "auto' to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or That holds a person or organization engaged in the business of transporting property by "auto' for hire harmless for your use of a covered "auto' over a route or territory that person or organization is authorized to serve by public authority. F. ADDITIONAL DEFINITIONS Section F. Definitions is amended by the addition of the following definitions: a. "Auto Business' means the business or occupation of selling, repairing, servicing, storing or parking "autos." b. "Hired auto' means any "auto' you or your "employee" lease, hire, rent or borrow in the course of your business. This does not include: Any "auto' you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or ii. Any "auto' you lease, hire, rent or borrow from any of your "employees," partners, stockholders, or members of their households. C. "Non -owned auto' means any "autos' you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of the 'occurrence." This includes "autos' owned by your "employees' or partners or members of their households but only while being used in the course and scope of your business at the time of the "occurrence." If you are a sole proprietor, "non -owned auto' means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at the time of the "occurrence." SB146902G (6-16) Page 3 Insured Name: © CNA All Rights Reserved. Rt Ewm&APPRaviDft f_ 6.2I/k0V4�4.t 1 Risk Minagem nv Malyst CNA G. With respect only to the operation of a "hired auto' or "non -owned auto," Paragraph H, of the Businessowners Common Policy Conditions is deleted and replaced with the following: H. Otherinsurance 1. Except for any liability assumed under an "insured contract' the insurance provided by this Coverage Form is excess over any other collectible insurance. However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto' by you or your "employee." 2. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms. a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. SB146902G (6-16) Page 4 Insured Name: © CNA All Rights Reserved. tmmen Rene�o&APiP=8Y: r Risk ManagemeY+nt�FM�abrstt THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG AC20BW Endorsement Number: Effective Date: 09/30/2021 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Environment Planning Development Solutions Inc dba EPD Solutions Inc 2 Park Plaza, Suite 1120 Irvine, CA 92614 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Risk M VgmwADNW[ n Form WC 04 03 06 (1) Printed in U.S.A. q:' RE tv�o&nrPRwmer. �; Fl" . 2. VSWd Policy E _=�H=. 26kManagem ntAnatyst Ejhjubmmz!tjhofe!cz!Upsj!Qjfstpo! Ebuf;!3133/17/39!23;51;69! Upsj!Qjfstpo .18(11( ENVIPLA-02BHOITER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/9/2022 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(ies) must have ADDITIONAL INSURED provisions or 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). CONTACT License # 0E67768 David Sifuentes PRODUCER NAME: PHONEFAX IOA Insurance Services (925) 660-3507(925) 416-7869 (A/C, No, Ext):(A/C, No): 3875 Hopyard Road E-MAIL David.Sifuentes@ioausa.com Suite 200 ADDRESS: Pleasanton, CA 94588 INSURER(S) AFFORDING COVERAGENAIC # Continental Casualty Company20443 INSURER A : INSURED Hartford Casualty Insurance Company29424 INSURER B : Environment Planning Development Solutions Inc dba EPD INSURER C : Solutions Inc INSURER D : 2355 Main Street Suite 100 Irvine, CA 92614 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: 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. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 2,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 1,000,000 CLAIMS-MADEOCCUR X B60256545306/23/20226/23/2023 $ PREMISES (Ea occurrence) XX 10,000 MED EXP (Any one person)$ 2,000,000 PERSONAL & ADV INJURY$ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 4,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO B60256545306/23/20226/23/2023 BODILY INJURY (Per person)$ XX OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED XX (Per accident)$ AUTOS ONLYAUTOS ONLY $ 4,000,000 A X UMBRELLA LIABOCCUR EACH OCCURRENCE$ B 60256631326/23/20226/23/2023 4,000,000 EXCESS LIABCLAIMS-MADE XXX AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION B X STATUTEER AND EMPLOYERS' LIABILITY Y / N 57 WEG AC20BW9/30/20219/30/2022 1,000,000 X ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A N OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Professional Liab.EEH5919233129/30/20219/30/2022 Per Claim2,000,000 A X Professional Liab.EEH5919233129/30/20219/30/2022 Aggregate4,000,000 A X DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana is included as additional insured on Commercial General Liability and Hired and Non-Owned Auto Liability, as required by written contract. Waiver of Subrogation and Primary and Non-Contributory Provision included on Commercial General Liability Policy, as required by written contract. Waiver of Subrogation Provision included on Workers Compensation policy, as required by written contract..Commercial Excess Liability policy follows form with the Commercial General Liability, Hired and Non-Owned Auto Liability and Employers Liability Policies. and Employers Liability Policies. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Professional Liability is a claims made policy and includes Waiver of Subrogation Provision as required by written contract. 30-Day Notice of Cancellation is included per policy provisions. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE Risk Management Divison 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Qpmjdz$C7136765641 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Insurance is provided only with respect to those coverages for which a specific limit is shown: COVERAGE LIMIT 2-111-111 Hired Auto Liability: $ _______________ 2-111-111 Non-owned Auto Liability: $ _______________ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS A. COVERAGE With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to “bodily injury” or “property damage” arising out of the maintenance or use of a: "Hired auto" used by you or your “employee” in the course of your business; and/or "Non-owned auto" used in the course of your business. Maintenance or use of a "non-owned auto" includes test driving in connection with an "auto business." With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to: 1. Delete paragraph A.1.b.(1)(b) and replace it with the following: b. This insurance applies: (1) To “bodily injury” and “property damage” only if: (b) The “occurrence” occurs during the policy period; and 2. Delete paragraph A.1.b.(2),. B. LIMITS OF INSURANCE With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance is deleted in its entirety and replaced with the following: D. Limits Of Insurance 1. Regardless of the number of: a. Insureds; b. Claims made or "suits" brought; c. Persons or organizations making claims or bringing "suits"; or C7136765641 SB146902G (6-16) Policy No: Page 1 Endorsement No: 1703403132 Effective Date: Insured Name: © CNA All Rights Reserved. d. "Autos," the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A.Coverages because of all "bodily injury" and "property damage" resulting from any one “occurrence” arising out of the maintenance or use of a “hired auto” or “non-owned auto”. C. EXCLUSIONS With respect only to the insurance provided by this endorsement: 1. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a.,b.,d.,e.,f.and i. and to add the following exclusions: This insurance does not apply to: Fellow Employee "Bodily injury" to: (1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that fellow “employee” while as a consequence of Paragraph (1) above. Care, Custody or Control "Property Damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. D. WHO IS AN INSURED With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: 1. You; 2.Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business. 3. Anyone else including any partner or "executive officer" of yours while using with your permission a "hired auto" or a "non-owned auto" except: The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a a. "non-owned auto" or any agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; C7136765641 SB146902G (6-16) Policy No: Page 2 Endorsement No: 1703403132 Effective Date: Insured Name: © CNA All Rights Reserved. c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d.Any partner or "executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household; e. Any partner or "executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f.Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto business" you operate; g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while moving property to or from a "hired auto" or a "non-owned auto"; or 4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1.,2. or 3. above. E. AMENDED DEFINITION The Definition of "insured contract" in Section F – Definitions is amended by the addition of the following exceptions to paragraph f.: Paragraph f.does not include that part of any contract or agreement: That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. F. ADDITIONAL DEFINITIONS SectionF. Definitions is amended by the addition of the following definitions: a. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos." b. "Hired auto" means any "auto" you or your "employee" lease, hire, rent or borrow in the course of your business. This does not include: i. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or ii. Any "auto" you lease, hire, rent or borrow from any of your "employees," partners, stockholders, or members of their households. c. "Non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of the "occurrence." This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and rrence." scope of your business at the time of the "occu If you are a sole proprietor, "non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at the time of the "occurrence." C7136765641 SB146902G (6-16) Policy No: Page 3 Endorsement No: 1703403132 Effective Date: Insured Name: © CNA All Rights Reserved. G. With respect only to the operation of a "hired auto" or "non-owned auto," Paragraph H, of the Businessowners Common Policy Conditions is deleted and replaced with the following: H. Other Insurance 1. Except for any liability assumed under an "insured contract" the insurance provided by this Coverage Form is excess over any other collectible insurance. However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your "employee." 2.When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. C7136765641 SB146902G (6-16) Policy No: Page 4 Endorsement No: 1703403132 Effective Date: Insured Name: © CNA All Rights Reserved. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF OURRIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA PolicyNumber:Endorsement Number: Effective Date: Named Insured and Address: SCHEDULE Person or OrganizationJob Description Form WC 04 03 06 Policy Expiration Date: NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Environment Planning Development Solutions Inc Name: Project A-2020-241-15 Number: Project Agreement To Provide On-Call Environmental And Planning Services Name: Related To CEQA And NEPA The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE EPD COI EXP AUTOMOBILE LIABILITY B6025654530 06/23/2023 10/04/2022 6.23.23.pdf Environment Planning Development GENERAL LIABILITY B6025654530 06/23/2023 06/09/2022 Solutions dba EPD Solutions COI Exp 6-23-23 RMD06282022.pdf EPD COI EXP PROFESSIONAL LIABILITY EEH591923312 09/30/2023 10/04/2022 6.23.23.pdf WORKERS COMPENSATION AND EMPLOYERS' EPD COI EXP 57WEGAC20BW 09/30/2023 10/04/2022 LIABILITY 6.23.23.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 12/28/2022 11:12 AM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Environment Planning Development Solutions Inc Name: Project A-2020-241-15 Number: Project Agreement To Provide On-Call Environmental And Planning Name: Services Related To CEQA And NEPA The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE EPD COI EXP AUTOMOBILE LIABILITY B6025654530 06/23/2024 05/15/2023 9.30.23.pdf EPD COI EXP GENERAL LIABILITY B6025654530 06/23/2024 05/15/2023 9.30.23.pdf EPD COI EXP PROFESSIONAL LIABILITY EEH591923312 09/30/2023 10/04/2022 6.23.23.pdf WORKERS COMPENSATION AND EPD COI EXP 57WEGAC20BW 09/30/2023 10/04/2022 EMPLOYERS' LIABILITY 6.23.23.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 6/6/2023 2:00 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Environment Planning Development Solutions Inc Name: Project A-2020-241-15 Number: Project Agreement To Provide On-Call Environmental And Planning Services Related Name: To CEQA And NEPA The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: EXPIRATION TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME DATE EPD COI EXP AUTOMOBILE LIABILITY B6025654530 06/23/2024 05/15/2023 9.30.23.pdf EPD COI EXP GENERAL LIABILITY B6025654530 06/23/2024 05/15/2023 9.30.23.pdf 23-24 City of PROFESSIONAL LIABILITY EEH591923312 09/30/2024 10/05/2023 Santa Ana.pdf 23-24 Liability WORKERS COMPENSATION AND EMPLOYERS' Master 06-23-24 57WEGAC20BW 09/30/2024 09/18/2023 LIABILITY - City of Santa Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 10/16/2023 12:54 PM