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Home My WebLink AboutMNS ENGINEERS, INC.INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 6- i4 awns CLERK OF COUNCIL DATE: A-2022-185-03 AGREEMENT WITH MNS ENGINEERS TO PROVIDE ON CALL GRANT WRITING SERVICES 1�R lxnu)2 THIS GREEMENT is made and entered into this 20th day of September 2022 by and between MNS r Engineers, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and N municipal corporation organized and existing under the Constitution and laws of the State of California L_ ("City"). p RECITALS A. On June 29, 2022, the City issued Request for Proposal No. 22-064, by which it sought a consultant having special skill and knowledge in the field of Water, Sewer and Public Works grant writing services. 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 RFP No. 22-064. 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 Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in RFP No. 22-064, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide grant writing services on an on -call basis under RFP 22- 064. The total compensation for these services provided by all such contracts selected under RFP 22-064 shall not exceed the shared aggregate amount of Two Million, Three Hundred Seventy -Five Thousand Dollars and Zero Cents ($2,375,000) 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 that 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 terminate on September 19, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney. 4. 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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. 2 7. 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. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: 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. 5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 3 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 4 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Cityreserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION 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 subconsultants, 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, as amended effective 1/l/2018, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, as amended effective 1/1/2018, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 5 9. 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 reasonable 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. 10. 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. 11. 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. 12. 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 specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: MNS Engineers, Inc. Attn: Jeff Edwards, Vice President 100 E. Thousand Oaks Boulevard, Suite 105 Thousand Oaks, CA 91360 (805)648-4840 jedwards@,mnsengineers.com 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. 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. 7 15. 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. 16. 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. 17. TERMINATION This Agreement maybe 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. 18. 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. 19. 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. 20. 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. 21. 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. C. In the event of any conflict or inconsistency between the terms and conditions in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: d�,iClerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney CITY OF SANTA ANA -�- rvk--L-- Kristine Ridge City Manager CONSULTANT Name: James A. Salvito Title: President & CEO (signatures continued on next page/ FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency 10 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER, SEWER AND PUBLIC WORKS PROGRAMS GRANT WRITING SERVICES RFP NO.: 22-064 Introduction and Background: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 335,000 people. The City of Santa Ana Public Works Agency is soliciting proposals from professional firms for grant writing services. The primary emphasis will be seeking grant related funds for Water and Sewer programs all other programs will be secondary. In the past the City has utilized professional grant writing consulting firms on as needed basis to meet the goals and objectives of the City. The goals of this proposal for consulting services are to identify areas of funding needs, grant research and funding, development, and grant program administration and delivery to the City's Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide grant writing services. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. Description of Work: The Consultant/s will seek funding opportunities primarily for water and sewer programs, secondarily for all other programs with an emphasis on securing funds for capital projects. The selected consultants are expected to search for relevant grant opportunities and inform the City of their applicability. When relevant grant opportunities are identified and approval to proceed is granted by City, the consulting firm shall prepare the necessary grant application documents and submit grant applications on behalf of the City for approval or fully support the City in applying. All the work shall be coordinated with Public Works Agency personnel. The successful firm(s) shall have experience in grant writing, grant program development and administration for Federal, State, and Local entities including and not limited to: • US Department of Commerce -Economic Development Administration (Public Works and EAA programs) • US Department of Housing and Urban Development (CDBG) • US Department of Interior -Bureau of Reclamation • California Department of Water Resources City of Santa Ana RFP 22-064 0--- 44 • California Water Quality Control Board • California Water Resources Control Board • Air Quality Management District (AQMD) • Mobile Source Air Pollution Reduction Review Committee (MSRC) • State of California Department of Parks and Recreation; various programs and Bond Acts (Office of Grants and Local Services OGALS) • State of California Natural Resources Agency • State of California Coastal Conservancy The funding sought is intended to support contemplated programs for, among other things: • Recycled water • Infrastructure replacement • Automated Metering Infrastructure • Green infrastructure/solar panels • Conservation/outreach enhancements • Sewer septic tank removals/conversions • Alternative (RNG/CNG/Propane) fuel vehicles/infrastructure • EV charger infrastructure • Park Land Acquisitions • Park Development (Capital Improvements) • Park Deferred Maintenance Projects The following are typical service and or items that the successful Consultant(s) will be required to provide for the City of Santa Ana. Funding Needs Analysis — Conduct current funding priority needs analysis and identify new priority areas for funding in conjunction with Staff. Outside Funding/On-Call Research — Conduct research and identify third -party funding sources that support the Public Works Agency, funding needs and priorities. This scope includes researching grant opportunities independently as well as any identified by the City. Funding Proposal Development — Provide proposal writing associated with funding applications on behalf of the City of Santa Ana, including the preparation of funding abstracts, production and submittal of applications to funding sources. The City understands that many applications require technical details,. City staff will provide technical data as necessary but it is expected that the consultant(s) will perform the majority of work required to generate funding applications. Once applications are finalized, consultant will provide a copy of each application package for funding to the City prior to submittal and review the package with City staff. Program Administration and Delivery — The Consultant(s) will be required to provide grant administration and coordination services as part of this proposal including, but not limited to, coordinating with City staff to provide expenditure reports and submit reimbursement requests, preparing Resolutions and Staff Reports for City Council consideration, coordinating with funding sources' staff, and submitting periodic status update reports to City. City of Santa Ana RFP 22-064 0--- 1 � On a monthly basis, the Consultant(s) shall provide the City summaries of potential funding opportunities. The summaries shall include, but not limited to the name of the funding agency, due dates for applications, eligibility, and program summary and funding level available. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. Availability of staff time to assist with the preparation of grant application documents is limited. Selected consultant is expected to perform a substantial amount of research and data gathering independently. City staff will provide system information and data as available in an effort to develop the best grant application package possible. City of Santa Ana RFP 22-064 0--- 10 EXHIBIT B J MNS CITY OF SANTA ANA F , 1 ' JA PROPOSAL TO PROVIDE Water, Sewer, and Public Works Grant Writing Services, RFP No. 22-064 7 \ a WINS ENGINEERS, INC. 1100 E. Thousand Oaks Boulevard, Suite 105 1 Thousand Oaks, CA 91360 1 805.648.4840 Office I �Q C3 MNS July 22, 2022 M N S City of Santa Ana DETAILS Attention: Kathia Reyes Public Works Agency Legal Name 220 S. Daisy Street, 1st Floor Reception, Administration Building MNS Engineers, Inc. Santa Ana, CA 92703 Firm Ownership Type C-Corporation RE: Water, Sewer, and Public Works Grant Writing Services Year Firm Established RFP No. 22-064 1962 Dear Ms. Reyes: California Department of Industrial Relations (DIR) Thank you for the opportunity to submit this proposal to provide Water, No. 1000003564 Sewer, and Public Works Grant Writing Services for the City of Santa Corporate Office Ana (City). We have reviewed and based our response on the details 201 N. Calle Cesar Chavez, provided in the Request for Proposal (REP) and posted Questions and Suite300 Answers. MNS Engineers, Inc. (MNS) provides quality infrastructure Santa Barbara, CA 93103 consultant services to the water resources, transportation, federal, and 806.692.6921 Office government services markets throughout California. 805.692.6931 Fax www.mnsengineers.com Grant writing success at MNS has been growing steadily along with a greater pool of diverse expert resources since the inception of a Local Office 100 E. Thousand Oaks grant writing practice in 2015. Our resources are knowledgeable in Boulevard, Suite 105 the following categories: parks and recreation, energy efficiency/ Thousand Oaks, CA 91360 sustainability, active transportation, economic development, 805.648.4840 office/Faxwww. transportation and traffic, public facilities, water resources, and air mnsengineers.com quality. Our particular strength in grant writing is preparing applications Project Contact that require engineering, scientific, and technical expertise. Our grant Greg Jaquez, PE, Principal writers are exceptionally capable of handling any topical material as Project Manager/Grant Writing they are highly adaptable, critical, and analytical thinkers. Manager The MNS grant writing team has successfully secured over $270M 323.797.1498 Mobile in grants to support various water resources, transportation, and gjaquez@mnsengineers.com environmental project needs. Authorized signature Jeff Edwards, Vice President MNS has assembled the most qualified and experienced professional 806.331.4848 Mobile team to successfully serve under this contract. Leading the MNS team jedwards@mnsengineers.com is Principal Project Manager, Greg Jaquez, PE, who will be the primary Acknowledgments point -of -contact for this contract. Greg will be responsible for working MNS acknowledges the receipt directly with the City staff to ensure the MNS staff possesses the expertise of Addendum No. 1, issued July specific to the task or project at hand, resulting in providing the City with 19, 2022. the best team. He has over 35 years of experience in the civil engineering Agreement Terms industry ranging from transportation planning, bikeway and pedestrian MNS has reviewed the facility planning and project management, public infrastructure Standard Agreement coordination with railroads, traffic engineering and community traffic Attachment 2, and provided comments in Appendix C. ,CIVIL ENGINEERING , CON STRUCTION MANAGEMENT ,LAND SURVEYING C MNS calming, stormwater management planning, water resources policy, legislative management, grants management, and legislative advocacy Greg will be supported by key MNS team members, Dr. Monica Killen, PhD, Senior Grant Writer and Beth Reineke, Grant Writer/Water Resources Specialist. MNS is proud of the level of grant writing services we provide to public agencies. We look forward to the opportunity to continue working with the City of Santa Ana and support your community improvement needs Please contact our Principal Project Manager/Grant Writing Manager, Greg Jaquez, PE, at 323.797.1498 or gjaquez@mnsengineers.com with any questions you may have about our qualifications. Thank you for your consideration. Sincerely, MNS Engineers, Inc. Jeff Edwards, Vice President > CIVIL ENGINEERING > CONSTRUCTION MANAGEMENT > LAND SURVEYING CJMNS Contents Section 1. Understanding of Need 1 Section 2. Firm and Team Experience 2 Section 3. Relevant Experience 8 Section 4. References 14 Section S. Scope of Work 15 Appendix A. Required Forms and Certifications A-1 Appendix B. Resumes B-1 Appendix C. Standard Agreement C-1 CONTENTS O MNS Section 1. Understanding of Need UNDERSTANDING Our Principal Project Manager/ Grant Writing Manager, Greg Jaquez, PE, is intimately familiar with the water resources policies and practices in California. Greg's in-depth knowledge comes from having served in high-level staff positions in Los Angeles County where he developed expert - level understanding of state and regional water policy. This also includes extensive participation in and interaction with Integrated Water Management (IRWM) regions around the state, including the Santa Ana River Watershed groundwater, imported water, and recycled water with imported water supplied by the Metropolitan Water District of Southern California (Metropolitan) and recycled water supplied by Orange County Water District. The City's Metropolitan membership also affords the City with access to funding programs provided by Metropolitan. The City's groundwater resources are drawn from the - Orange County Basin. Santa Ana is the second most populated city in Orange County with a total population over 330,000 with over 45,000 water service connections, 510 miles of water mains, and 450 miles of sewer mains. Further understanding of the City's water resources background is based on its own policy documents including, but not limited to: • Water Master Plan IRWM Regional Water Management • 2020 Urban Water Management Plan Group administered by the Santa • Capital Improvement Program Ana Watershed Project Authority - Sewer Master Plan (SAWPA). This kind of familiarity . City of Santa Ana Hazard Mitigation Plan provides the foundational basis for understanding the mission, . City of Santa Ana Climate Action Plan ongoing needs, and future of the • State Water Resources Control Board City of Santa Ana (City). (SWRCB) Emergency Water Conservation Regulation The City has a complex portfolio . City General Plan of water supply sources including SECTION 1. UNDERSTANDING OF NEED MNS Section 2. Firm and Team Experience Company Background and References MNS Engineers, Inc. (MNS) Firm Type C-Corp" ration established I in ., No.1000003564 Greg Jaquez, Principal Project Manager/Grant Writing Manager 323,484.5737 1 gjaquez@ mnsengineers.com Established in 1962, MNS provides quality infrastructure consulting services to the transportation, water resources, and government service markets throughout California. We specialize in the core services of civil engineering, construction management and inspection, land surveying, and specialty municipal services such as grant writing. We understand the technical, environmental, and regulatory aspects that may be required for this on -call contract. We are experienced and knowledgeable with utility and multi -agency coordination. Firm Expertise Grant Writing Our grant writing team includes staff with PhD credentials, licensed civil engineers, and experts in their field. In addition to our Principal Project Manager, our senior team members are efficient and effective project managers in their own right, capable of managing multiple projects at a time. The MNS grant writing team possesses an expert -level ability to support clients beyond grant writing tasks by providing planning, engineering, and economic analysis support, when needed, to conduct special studies and develop project concepts. MNS provides grant writing services in the following areas: • Water Supply • Natural Resources • Wastewater/Recycled Water • Environmental Sustainability • Infrastructure Improvements • Community Development • Parks and Recreation • Disaster Relief Economic Development Emergency Preparedness and Hazard Mitigation SECTION 2. FIRM AND TEAM EXPERIENCE CJMNS • Environmental Sustainability • Transportation MINIS understands the potential grant successes can have for the City. Strategic pursuits of certain types of grants can have a transformative effect on the City's financial stability, image, and role in the local economy. MINIS is independent and properly licensed to practice in California. MINIS has assembled the most qualified and experienced team to successfully serve under this contract. Leading the MINIS team is Principal Project Manager/Grant Writing Manager, Greg Jaquez, PE, who will be the primary point -of - contact for this contract. Greg has over 36 years of experience in the civil engineering industry including infrastructure project management, stormwater management, water resources policy, legislative management, grants management, and legislative advocacy. Greg is responsible for working directly with the City staff to ensure MNS team members have the expertise specific to the task or project at hand, resulting in providing the City with the best team. Prior to working at MNS, Greg had a 29-year career with the County of Los Angeles and the Los Angeles County Flood Control District where he served as Water Policy Manager, Grants Manager, and staff support for the Greater Los Angeles County (GLAC) Integrated Regional Water Management (IRWM) Region. While at the County, Greg succeeded in securing a $1M WaterSMART Basin Study partnership with the Bureau of Reclamation. The Los Angeles Basin Stormwater Conservation Study was a first -ever climate - change -based water supply study for the Flood Control District. Greg is committed to the success of the assigned tasks completed through this contract. He understands the responsiveness, thoroughness, and quality expected while staying within budget, providing timely service, and delivering work products well before due dates. He places a high value on communicating regularly with the project team to ensure resources are available to accomplish the work and appropriate quality assurance/quality control (QA/QC) reviews are performed on every deliverable, and communicating with City staff on progress, concerns, and coordination issues. Our grant writing team includes staff with PhD credentials, licensed engineers, and experts in their field with most having greater than 15 years of experience. In addition to our Principal Project Manager, our senior team members are efficient and effective project managers and can manage multiple projects at a time. Experience with Successful Grant Awards MINIS has successfully worked with multiple cities across California providing grant writing services for various municipal needs. Grant successes with cities have resulted in funding infrastructure projects in transportation, active transportation, potable water, wastewater, groundwater, stormwater, parks, sustainability, and public facilities. MINIS has worked with cities in the capacity of grant writer, planner, Design Engineer, public outreach specialist, and legislative advocate. MINIS makes concerted efforts to stay engaged with grant making agencies to maintain productive relationships with agency staff. Some of our most regular and closest contacts include staff at the California Transportation Commission, Caltrans, Department of Water Resources, State Water Resources Control Board, State Parks, Department of Housing and Community Development, Federal Highway Administration (FHWA), US Department of Transportation (USDOT), and Bureau of Reclamation. SECTION 2. FIRM AND TEAM EXPERIENCE C MNS Selecting the MNS Team MNS has established a solid presence in California for over 60 years. Our reputation is built on constant communication and providing quality services that meet and often exceed client expectations. Our commitment to quality assurance/quality control is unmatched; we ensure our project's quality and efficiency from start to finish. Furthermore, our commitment to our clients shows we have evolved as an industry leader. Here are reasons why our clients choose us time and time again: • Customer service is our first priority. Constant communication is vital to the success of your project. our team members will see your project requirements and vision to fruition. • Committed to our communities. Our team takes great pride in the quality of our projects, knowing that our clients and future generations will benefit from their use for years to come. • Best of both worlds. As a California -based mid -sized company, we offer a depth of resources and services that allows us to deliver superior quality and service. Our ability to tackle large-scale endeavors without driving up costs or sacrificing personalized service makes us stand out as a client favorite. SECTION 2. FIRM AND TEAM EXPERIENCE C. MNS Beth Reineke Grant Writer/Water Resources Specialist Nick Panosky, PE, QSD Water Resources Specialist i Michael Ip, PE, QSD Transportation/Traffic Engineer w SECTION 2. FIRM AND TEAM EXPERIENCE CJ MNS Senior Grant Writer Monica Killen, PhD. Associate Grant Writer Taylor Gullikson Principal Project Manager/ Grant Writing Manager Greg Jaquez, PE.o Grant Writer Helen Maggitti Transportation/ Traffic Engineer Michael Ip, PE, QSD Grant Writer/Water Resources Specialist Beth Reineke: Water Resources Engineers Nick Panofsky, PE, QSD A Tyler Hunt, PE, QSD/QSP Key team members are designated with this icon (.o). Our key team members are committed for the duration of this on -call contract. MNS understands we will work as an extension of the City staff. Staff and Availability Current Workload. We have sufficient staffing in all survey disciplines to efficiently adJra3s „- - overlapping Greg Jaquez, PE 0 Principal Project Manager/Grant Writing Manager i 35 y i E.xp_,,,, ._. coorcfr,_irion with railroads, traffic engineering and community tra'�f c calming, -'-, Monica Killen, PhD I Senior Grant YJ'ri-Ler SECTION 2. FIRM AND TEAM EXPERIENCE CJMNS ,.� Beth Reineke A Grant Writer/Water Resources Specialist Ella �r,iC: --rnia EnvirCnmental Oucilit 79 '(eclr Of States Environmental Protection Agency (EPA), and Certified Unified Program F �� =nce ggei -'= -_ i; -r i� tat managing complex dotal r_ollectl�ra ,,,r reports _, _�-[Viance sched_Iles. Nick Panofsky,PE, QSD; i rResourcesEngineer ffu� I . Fa,-1 - S'i;.r� _l .,-:-16f professional Cons'_11ting e'.(p - W_nCe li,, the . IL reS 0 is -, _, -1 h, r13 advanced YIis oxpertlse tIn, i -j i iriet'y Jf milnl �IpCl1 if„rJSri s - _" pr'JiectS In CI - I Cling pa to bl9 16 Years of CISte .`,atef Clna StG" ? I-e hC13 been n 'eked In nVery Experience process in--I_iciing pl_i iralysis, design, construction rn 1. 1.1�n 1r 1 oparotlo a! clssisr e > „ely manages projects to rce rDrl- r -11 and financial goals. Michael Ip, PE, QSD j Transportation/Traffic Engineer 28 Years of �s� = Helen i Ms. Maggitti is proficient in communicating and collaborating with agency Grant Writer W Writer staff and project stakeholders to develop robust documents, plans, and ordinances. Taylor Gullikson Ms. Gullikson's expertise includes grant writing, environmental monitoring and Associate Grant inspection, and preparing stormwater regulatory compliance reports; and Writer services to fulfill municipal stormwater permit requirements. Mr. Hunt has over 22 years of experience in the water resources/wastewater Tyler Hunt, PE, industry. Tyler's expertise includes project management, water/wastewater QSD/QSP 22 conveyance, site improvements, wastewater treatment, wastewater Water Resources reclamation, irrigation and water delivery, stormwater pollution prevention, Engineer law -impact development (LID), water system consolidation, and municipal infrastructure projects. SECTION 2. FIRM AND TEAM EXPERIENCE CJMNS ISection 3. Relevant Experience SAFE, CLEAN WATER PROGRAM Clients Cities of San Gabriel, Glendora, and La Canada Flintridge Greg DeVinck, Supervising Civil Engineer 626.308.2825 1 gdevinck@sgch.org Contacts Alison Sweet, Director of Public Works/City Engineer 626.914.8260 1 asweet@cityofglendora.org Patrick DeChellis, Director of Public Works 818.790.8880 1 pdechellis@lcf.ca.gov Dates of Service 01/2020 — 04/2020 Personnel Greg Jaquez 5900K For each of these three cities, MNS recommended the respective Awarded project pursuits, developed the general project scopes, prepared the funding application to the SCW program, and represented the cities as 1000 presenter and spokesperson to the respective SCW Steering Committees. SECTION 3. RELEVANT EXPERIENCE CJMNS Client Los Angeles Department of Water and Power Contact Terrence McCarthy, Contract Administrator 213.367.0925 1 terrence.mccarthy@ladwp.com Dates of Service 06/2018 - 02/2019 Personnel Greg Jaquez $232.6M MNS collaborated with LADWP staff and their consultant design team to prepare Awarded two grant applications for the North Hollywood Central Groundwater Remediation Project and the Tujunga Groundwater Remediation Project, respectively. Highly technical study documents were interpreted for use in responding to grant application requirements. MNS also prepared project scheduling documents to correspond to grant program requirements. The two projects are part of a historic multi -year effort to remediate contamination in the San Fernando Groundwater Basin. WRFP application to the State Water Resources Control Board. Client City of Rolling Hills Contact Elaine Jeng, City Manager 310.377.1521 1 ejeng@cityofrh.net Dates of Service 03/2019 - 10/2019 Personnel Greg Jaquez, Monica Killen $2.8M MNS prepared a set of three Hazard Mitigation Grant (HMG) applications for a Awarded Wildfire Protection Plan, the Eastfield Drive Utility Undergrounding Project, and the Wildfire Fuel Breaks Project. Wildfire Protection Plan (WPP). In addition to preparing narratives for application forms and attachments, MNS developed the scope description for the WPP, cost estimate breakdown for plan development, and delivery plan to complete the WPP through public outreach and interjurisdictional coordination. Eastfield Drive Utility Undergrounding Project. In addition to preparing narratives for application forms and attachments, MNS collaborated with an electrical engineering firm to develop the project scope and cost estimate. Fuel Breaks Project. Upon discovering the City's proposed locations to design and construct wildfire fuel breaks were infeasible, MNS reviewed alternate potential sites and developed concept plans and estimates for the fuel breaks. SECTION 3. RELEVANT EXPERIENCE CJ MNS Client Contact Dates of Service Personnel Los Olivos Community Services District Lisa Palmer, Chair of the Board of Directors 805.500.4098 1 lisa@lpalmerconsulting.com 11/2018 — 03/2019 Greg Jaquez $150K MNS developed a Plan of Study for a Project Report following the guidelines of Awarded the Clean Water State Revolving Fund (CWSRF) and the Water Recycling Funding Program (WRFP). The Project Report will determine the feasibility and selected alternative for a wastewater collection system, wastewater treatment plant, and groundwater replenishment injection well system for the Los Olives Community Services District (LOCSD). The unincorporated Los Olivos community in Santa Barbara County manages its wastewater with onsite wastewater treatment systems (septic tanks) on private parcels. LOCSD was seeking to develop a comprehensive wastewater collection and treatment system with provision for beneficial use of its treated wastewater. The Plan of Study was submitted with a WRFP application to the State Water Resources Control Board. { CLEAN WATER STATE REVOLVING FUND Client Castroville Community Services District Contact Eric Tynan, General Manager 866.803.2456 1 eric@castrovillecsd.org Dates of Service O1/2022 — 06/2022 Personnel Greg Jaquez, Beth Reineke, Nick Panofsky $31M MINIS provided technical and grant writing services for the Washington Street Sewer Awarded Bypass project. Once completed, the project will eliminate surcharge issues in the existing sewer line and provide additional sewer capacity for much needed housing development. SECTION 3. RELEVANT EXPERIENCE C MNS Client Los Angeles Department of Water and Power Contact Terrence McCarthy, Contract Administrator 213.367.1454 1 terrence.mccarthy@ladwp.com Dates of Service 04/2020 - 06/2020 Personnel Greg Jaquez, Monica Killen $61VI MNS prepared a Proposition 1 Stormwater Implementation Grant application for Awarded the Valley Village Park Stormwater Project. To minimize the region's dependence on imported water, the project will capture 158 AFY of runoff from a 453-acre tributary area and recharge the San Fernando Valley Groundwater Basin. The project consists of installing a 0.65-acre underground infiltration gallery at Valley Village Park. Construction of the underground infiltration gallery includes installation of a storm drain diversion structure, stormwater pipeline, two hydrodynamic separator (HDS) units, flow measuring devices, and maintenance holes. URBAN GREENING PROGRAM Client City of Tehachapi Contact John Schlosser, Development Services Director 661,722,2299 xl I jschlosser@tehachapicityhall.com Dates of Service 04/2017 - 05/2017 Personnel Greg Jaquez $8891K MNS prepared the grant application for its Citywide Tree Planting and Stormwater Awarded Capture Project for submittal to the California Natural Resources Agency. SWOAdditional services provided were project scope development and cost estimation. Application materials included graphical exhibits, cost estimate table, renderings, and greenhouse gas reduction calculations. SECTION 3. RELEVANT EXPERIENCE CJ MNS Client Contact Cities of Soledad and Greenfield Donald Wilcox, Director of Public Works 831.223.5124 1 dwilcox@@cityofsoledad.com Jesus Perez, Recreation Coordinator 831.236.1230 1 jperez@ci.greenfield.ca.us Dates of Service 2019 (Soledad) 12020 - 2021 (Greenfield) Personnel Greg Jaquez, Monica Killen, Helen Maggitti $16.1M For the City of Soledad, MNS prepared the grant application and provided public Awarded outreach support for the new Orchard Lane Park Project. MNS provided concept 8r - development designs and cost estimates in conjunction with the City's contracted landscape architect. The grant application secured $7.6M. For the City of Greenfield, MNS prepared a Proposition 68 Statewide Park Program grant application for the proposed Greenfield Park and Community Center. MNS did all of the grant writing and assisted the City with production of public outreach materials. The grant application secured $8.5M.Application materials included graphical exhibits, cost estimate table, renderings, and greenhouse gas reduction calculations. Client City of Newark Contact Jayson Imai, Assistant City Engineer 510.578.4671 1 jayson.imai@newark.org Dates of Service 03/2021 - 05/2021 Personnel Greg Jaquez, Monica Killen, Helen Maggitti, Taylor Gullikson $5.4M MNS prepared a FLAP Grant application for the Thornton Avenue Cycle Track Awarded Project. Greg defined the project concept, prepared a conceptual plan layout, r'and prepared a preliminary cost estimate. Monica played a key role in helping � manage the MNS grants team in preparing the application and conducting required public outreach. The grant application secured $5.4M. Application materials included graphical exhibits, cost estimate table, renderings, and greenhouse gas reduction calculations. SECTION 3. RELEVANT EXPERIENCE CJ MNS ADDITIONAL City of Stockton Highway Safety Improvement Program (HSIP) Cycle $2M secured Greg Jaquez 10 City of Soledad Highway Safety Improvement Program (HSIP) Cycle 9 $25OK secured Greg Jaquez City of Monrovia Southern California Association of Governments $50OK secured Greg Jaquez, (SCAG) Future Communities Pilot Program Monica Killen City of Santa Ventura County Transportation Commission $266K secured Greg Jaquez Paula (VCTC) Community Multiscale Air Quality (CMAQ)/ Transportation Development Act (TDA) Call for Projects City of Glendora Highway Safety Improvement Program (HSIP) $15OK secured Greg Jaquez Southern California Association of Governments (SCAG) Sustainable Communities $250K secured City of Pittsburg Highway Safety Improvement Program (HSIP) Cycle 7 $265K secured Greg Jaquez City of Pittsburg Highway Safety Improvement Program (HSIP) Cycle 7 $547K secured Greg Jaquez City of Buellton Active Transportation Program (ATP) Cycle 3 $684K secured Greg Jaquez LA County Flood Bureau of Reclamation $1M secured Greg Jaquez Control District SECTION 3. RELEVANT EXPERIENCE CJMNS Section 4. References Greg DeVinck, Supervising Civil City of San Engineer Gabriel Ph 626.308.2825 Email gdevinck@sgch.org Elaine Jeng, City Manager City of Rolling Hills Ph 310.377.1521 Email ejeng@cityofrh.net Lisa Palmer, Chair of the Board of Los Olivos Directors Community Ph 805.500.4098 Services District Email lisa@Ipalmerconsulting.com Safe, Clean Water Program California Governor's Office of Emergency Services (CaIOES)/ Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Water Recyclinq Funding Program (WRFP) Planning Grant Donald Wilcox, Director of Public Works City of Soledad Ph 831.223.5124 Proposition 68 Statewide Email dwilcox@cityofsoledad.com Park Program Jesus Perez, Recreation Coordinator City of Greenfield Ph 831.236.1230 Proposition 68 Statewide Email jperez@ci.greenfield.ca.us Park Program Jayson Imai, Assistant City Engineer Federal Lands Access City of Newark Ph 510.578.4671 Program Grant, Thornton Avenue Cycle Email jayson.imai@newark.org Track SECTION 4. REFERENCES OMNS Section 5. Scope of Work PROJECT SCOPE OF WORK Communicate Grant Opportunities to City Staff In conjunction with the sources of information stated above, MNS will independently conduct research using online resources such as the US Census, Department of Water Resources (DWR) DAC Mapping Tool, CalEnviro Screen 4.0, and the new US Environmental Protection Agency (EPA) EJScreen mapping tool. This research will be used to gather data and guide our consultation to City on how demographics within the CITY service area play a role in competing for funding. Having served the waterworks industry throughout California for decades, MNS understands the essentials of waterworks and wastewater infrastructure, operations, and finance. MNS understands how every endeavor must be viewed with a focus on how it benefits or effects the ratepayer. MNS takes this same approach when developing a grant pursuit strategy for a waterworks or wastewater client. In the final tally, a successful grant pursuit must meet defined goals for improved service delivery and infrastructure life extension. The MNS approach to grant pursuit strategy accounts for the agency's characteristics and its eligibility for various funding sources. MNS will examine a funding sources eligibility requirements, including matching fund requirements, to develop a strategy that can garner the maximum in grant dollars with the least investment necessary. For example, the Drinking Water State Revolving Fund (DWSRF) and Clean Water State Revolving Fund (CWSRF) are mostly funded with Federal dollars and managed by the SWRCB. SRF funds taken as a loan can be used as matching funds to any state or Federal grant program. Similarly, a California Infrastructure Bank (iBank) loan can serve the some matching funds purpose, however, an agency can secure eligibility for an iBank loan without actually entering into a loan agreement. By securing the iBank loan, the agency can use this documentation as proof of matching funds but can substitute it later if a second SECTION 5. SCOPE OF WORK C MNS grant is secured to match the first grant pursued if won. Another important strategy for submitting grant applications is the regionalism approach. The City is bound together with other entities through hydrology, shared (adjudicated) groundwater resources, and institutions such as SAWPA. Regional, multiagency grant proposals are often favored by various granting agencies and can also involve a multiple -fund -source strategy. MNS understands the City has numerous infrastructure projects for the next six fiscal years as identified in the Capital Improvement Program, some of which may have potential for grant funding. MNS is prepared to work closely with City representatives staff by attending recommended meetings and maintaining ongoing communication regarding new and existing grant programs. Communications of grant opportunities to City staff can be in the following forms: • Regular standing meetings with an informational document • Email communication with informational summary document • Informal email with summary information Grant informational summary documents will include all of the critical details about the grant opportunity including: • Grant program name and granting agency • Grant application due date • Applicant eligibility requirements • Project eligibility requirements • Grant maximum and minimum request and award • Applicant matching fund requirements • Scoring criteria • Required or desired state of project readiness • Partnership requirements or desirability • Public engagement requirements At any time, communication of a grant opportunity needs to be more formalized as with a presentation to executive staff of the City, the City Manager, or City Council. MNS is prepared to produce an and easy -to -follow slide presentation in collaboration with City staff and act as presenter. Research and Monitor Grant Funding Opportunities MNS will reach out to the City's key staff to identify current and projected funding priority areas. MNS can subsequently facilitate presentations to City staff related to new and forthcoming grant opportunities. Based on information gathered from meetings with City staff and department leadership, MNS will work closely with the City staff and key project stakeholders to collect and utilize the most up to date and readily available information for grant research. MNS will provide periodic updates of upcoming federal, state, and local grant opportunities for subject areas that include, but are not limited to: • Water Supply Enhancement • Water Use Efficiency and Demand Management • Water Loss Elimination • Water Quality Enhancement • Energy Efficiency Enhancement • Sewer System Enhancement Emergency Response and Hazard Mitigation • Environmental Enhancement • Regulatory Compliance • Infrastructure Expansion and Life Extension Key funding source agencies to monitor include, but are not limited to: • Bureau of Reclamation • EPA • FEMA SECTION 5. SCOPE OF WORK C MNS • Department of Energy • US Army Corps of Engineers • US Fish and Wildlife Service • SWRCB • DWR • California Natural Resources Agency • California Department of Conservation • California Department of Housing and Community Development • California Department of Fish and Wildlife • Metropolitan Water District MNS will attend meetings, workshops, and seminars to develop the most thorough and definitive information and understanding of grant opportunities. MNS values attendance at these meetings and workshops, not only for the informational value, but also to develop and enhance relationships with grantor agency staff. Through in -person contacts at meetings and workshops, we can discern meaning, intent, and spirit behind grant opportunities that are not always understandable from grant guidelines and can change from grant cycle to grant cycle or with changes in grantor agency staff. For any particular grant opportunity that has potential to align with a City priority, MNS will conduct a Competitiveness Assessment to determine if pursuit of the grant is advisable. Prepare Pre -Application and All Grant Application/Proposal Materials Timing and project scheduling is often a significant factor in positioning for a grant opportunity. MNS will closely collaborate with City staff to monitor project development for the proper timing to align each project with the availability of the grant opportunity. Whenever feasible and reasonable, MNS will advise on preparatory steps the City can take to be positioned to submit an application within a scheduled timeline. MNS will advise and support City staff on the prerequisite tasks that are part of the application process including completion of an appropriate level of preliminary engineering, cost estimation, public outreach, support documentation, City Council resolution, and any other reasonable tasks leading up to a funding opportunity announcement. Thorough preparation in advance of a grant opportunity announcement enhances the quality of the grant application and lessens the stress often associated with short timelines between announcement and application due date. MNS understands the intricacies and balancing act of fashioning a project scope to reflect the desires of the grantee while maximizing the competitiveness of the grant application. MNS has a thorough understanding of how to analyze technical scoping and make the necessary recommendations to upsize, downsize, or alter project scope within the means of the grantee. MNS possesses the technical capability to evaluate project competitiveness for all types of infrastructure grants. The following is a sample task list for a typical grant writing process. Project Management Project Administration MNS will act as the coordinating point on all matters pertaining to the development of the grant application at the discretion of City. The MNS Project Manager (PM) will be responsible for controlling the budget, schedule, quality of work, and progress of action items for tasks necessary to deliver the grant application. The PM will maintain a project file in which all project documents including draft and final application materials, schedules, budget documents, reports and studies, data, photo images, graphics, and correspondence will be stored. SECTION 5. SCOPE OF WORK C MNS MNS will hold a kick-off meeting with the representatives of City to review the scope and schedule for completing the grant applications and to affirm the strategy for developing the application relative to the project funding needs. Communication with city will be ongoing as needed to exchange information and provide city opportunities to review draft work products. We will assume at least two more progress meetings may be held, but only as needed. MNS will be responsible for preparing agendas and meeting minutes for progress meetings. If needed, MNS will conduct a field investigation of the project sites under the direction of City staff. Field investigation will be an opportunity to make observations, take measurements, and gather photos of specific elements of the project location. MNS will collect and review information requested at the kickoff meeting as well as information independently researched. Information potentially needing to be provided by the City includes, but is not limited to, as -built drawings and operational data. Depending on the progress of scope development and the schedule requirements of the grant program, MNS will use collected information from Task 2.A and any necessary additional consultation with City staff to confirm the scope of project improvements. Scope descriptions will be presented in conceptual drawings of each project site which will be used as exhibits in the grant application. .. Unless already provided by City, MNS will use scope descriptions and measurements to produce preliminary cost estimates according to the construction items list funded by the grant program. TASK 3 Grant Applicatic ■CNlR/I_�I_\•L 11M 11 V11■1.11 \I The grant application will be prepared following the grant program content requirements and/or using the appropriate application forms following the instructions pertaining to the appropriate application category, if any. MNS will utilize collected information and the field investigation to develop narrative responses to applications questions, analyze numerical data to produce metric -based responses, and produce supporting attachments where applicable such as maps, preliminary plans, graphics, and data tables. For application responses based on work previously completed and outreach already conducted, MNS will work closely with City staff to expand the understanding and background behind efforts to date to capture the understanding behind the project's need, tell a compelling story, and fashion a precisely responsive narrative. Application Attachments Attachments to the application may include at a minimum the following: • Location or vicinity map • Plans showing existing and proposed conditions • Photos of existing conditions • Letters of support MNS will generate support letters from a variety of project stakeholders and any other interested organizations, businesses, SECTION 5. SCOPE OF WORK M (JMNS or individuals which City staff might direct MNS to contact. The burden of letter writing will be minimized by MNS providing a draft support letter to each contact. Wording of the draft support letter can be modified or customized to reflect the interest of the person or organization offering support. A draft of the application with be submitted to City staff for review and comment. Upon receipt of comments from the City, MNS will incorporate the comments and make necessary revisions to the applications documents. MNS will conduct a final quality assurance/quality control (QA/QC) check of all application forms and attachments completeness, thoroughness, accuracy, spelling, and grammar. MNS will produce both electronic and hard copies of the final grant application as required in the application instructions. This proposal assumes MNS will be responsible for submittal of the electronic copy of the application package. MNS recognizes City staff may have grant writing experience and may choose to write an application, however, they may need some writing assistance and/or additional capacity. MNS has worked with other public agencies to provide grant writing assistance and QA/ QC support during the writing process. This hybrid grant writing format is an excellent option to keep grant writing costs down. MNS is prepared to provide this alternative option. Track Application Status and Respond to Funder Requests for Additional Information Granting agencies may contact the City with questions about the grant application after its submittal. MNS has found various grantor agencies to have application processes with open lines of communication and agency staff that will typically engage with questions about an application submittal. MNS will support the City in providing responses to DWR's questions in emails and any necessary changes to submitted documents. Grants Management The MNS PM can provide oversight of all post -award grant management tasks. The PM will ensure the MNS funding assistance team conducts proper and effective communications with contacts at grant funding agencies. The MNS funding assistance team will prepare invoices and disbursement requests and quarterly or periodic progress reports to submit to grant funding agencies, as required by program guidelines and/or a grant agreement. The MNS PM will ensure the accuracy of disbursement requests and thoroughness of periodic progress report content. The MNS PM will set QA/QC standards for all work products to the satisfaction of the City. SECTION 5. SCOPE OF WORK CJMNS IAppendix A. Required Forms and Certifications Non -Collusion Affidavit A-2 ................................................................................................................................................................................................. Non -Lobbying Certification A-4 ................................................................................................................................................................................................. Non -Discrimination Certification A-5 ..... ....... .... ...... ... ........ ...................... ......................................... ..............._.._._........... ..........._._....__........ ........... ....... .... ... ... APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS M (J MNS APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecutio Slgned Jeff Edwards, Vice President of California Subscribed to (or affirmed) before me on this day of 20_, by --.proved to me on the basis of satisfactory evidence to be the person(s) appeared before me. Notary Public Signature Notary Public APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS OMNS CALIFORAIAAFFIANT STATEMENT GOVERNMENT.) 1 04 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) --- ------ - - t--- - -- ------------------- :. --------------------------- tl r Signature of Document Signer No. 1 Signature of Document Signer No. 2 (If any) A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 2 County of SU(V6 60-x+_ ano-1 AMANDA I. BERRIER ,v w' ; - • Notary Public • California? Santa Barbara County ! Commisslon 1 2711SS4 My Comm. Expires Oct I2, 2025 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this -J day of J U IN 20 : by Date Month Year (1) jBFFREY LOW CLL EDWAQtJ5 (and) IVIA ) Names) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Numberof Pages:—Signer(s) Other Than Named Above: 'Y d{'a d6'+/ "✓ <iG-e/ e/G"✓ f/<"b< ni aj�v VS'✓{��/4L./. APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS W CJMNS APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm: MNS Engineers, Inc. Signed /Printed Name: Jeff Edwards Title: Vice President Date: July 22, 2022 APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS �JMNS APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS CJ MNS 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Firm: MNS Engineers, Inc. Sign/Printed Name: Jeff Edwards Title: Vice President Date: July 22, 2022 APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS CJMNS IAppendix B. Resumes Name Role PG Greg Jaquez, PE Principal Project Manager/Grant Writing 3-2 Manager .............................................................................. ................... Monica Killen, PhD Senior Grant Writer B-4 ................................................................................................................................................................................................ Helen Maggitti Grant Writer B-6 ... ............................................... .__.......__..........._......... ---- ........ ....... .._._........ ....... .._................. ..._.... _....................... Taylor Gullikson Associate Grant Writer B-8 ........... --.... .... ............................. .......... -... ........ .............. .............. .................. ...................... ................. ................. .- ... ......... Nick Panofsky, PE, QSD Water Resources Engineer B-10 ........................................................................................................................................................................................... Tyler Hunt, PE, QSD Water Resources Engineer B-12 ........ ..... ..... ................................................. ..... ....... ........................ ........................ ............ ......... ................................... ....... - Beth Reineke Grant Writer/Water Resource Specialist B-14 ........ ........... -..................................... .................................................... .................. ---- ..... ........... ............... .......................... Michael Ip, PE, QSD Transportation/Traffic Engineer B-16 .... ..................... .................. .-................ -_................. ............................................... .... ........ ....................... ........................ . APPENDIX B. RESUMES W CJ MNS Greg Jaquez, PE Grant Writing Manager Firm • MNS Engineers, Inc. Areas of Expertise • Water resources projects • Transportation projects • Project management • Flood control • Stormwater management planning • Water resources policy • Grants management • Federal advocacy Years of Experience • 35 Licensing • Professional Civil Engineer, CA No. 68182 Education • BS, Civil Engineering, University of California, Berkeley, CA Professional Development • Stormwater Pollution Prevention Plan (SWPPP) training Mr. Jaquez specializes in public works staff augmentation, infrastructure project management, and grant writing. Greg's additional experience includes transportation planning, bikeway and pedestrian facility planning and project management, public infrastructure coordination with railroads, traffic engineering and community traffic calming, stormwater management planning, water resources policy, legislative management, grants management, and federal advocacy. He is also the founder of the Los Angeles County Flood Control District's first ever study on climate change effects in partnership with the Bureau of Reclamation, the Los Angeles Basin Stormwater Conservation Study. His experience includes: HSIP Cycle 10 Grant Application, Harding Way at Lincoln Street and at Pacific Avenue/Madison Street Left -Turn Pockets with Left -Turn Phasing, Stockton, CA. Project Manager. MNS in an on -call grant writing services provider to Stockton. Mr. Jaquez prepared a HSIP Cycle 10 grant application including preliminary engineering, scoping, and cost estimation. The City was awarded a grant of $1.4M. Los Olivos Water Reclamation Program WRFP Planning Grant, Los Olivos Community Services District, CA. Grant Writing Manager. MNS developed a Plan of Study for a Project Report following the guidelines of the Clean Water State Revolving Fund (CWSRF) and the Water Recycling Funding Program (WRFP). The Project Report will determine the feasibility and selected alternative for a wastewater collection system, wastewater treatment plant, and groundwater replenishment injection well system for the Los Olivos Community Services District (LOCSD). The unincorporated Los Olivos community in Santa Barbara County manages its wastewater with onsite wastewater treatment systems (septic tanks) on private parcels. LOCSD is seeking to develop a comprehensive wastewater collection and treatment system with provision for beneficial use of its treated wastewater. The Plan of Study was submitted with a WRFP application to the State Water Resources Control Board. The District received $75K to prepare the Project Report. One Bay Area Grant Program (OBAG 2), City of Pittsburg, CA. Grant Writer. As part of a grant writing team, Greg prepared an application which secured funding for a series of Class I bike trails and a Class IV cycle track providing access to the BART Pittsburg Station. APPENDIX B. RESUMES C MNS HSIP Cycle 10 Grant Application, Madison Street Intersections Pedestrian Safety Improvements, Stockton, CA. Project Manager. MNS in an on -call grant writing services provider to Stockton. Mr. Jaquez prepared a HSIP Cycle 10 grant application including preliminary engineering, scoping, and cost estimation. The City was awarded a grant of $645K. Proposition 1 Stormwater Grant, Valley Village Park Stormwater Project, City of Los Angeles Department of Water and Power (LADWP), CA. Grant Writing Manager. MNS prepared a Proposition 1 Stormwater Implementation Grant application for the Valley Village Park Stormwater Project. To minimize the region's dependence on imported water, the project will capture 158 AFY of runoff from a 453-acre tributary area and recharge the San Fernando Valley Groundwater Basin. The project consists of installing a 0.65-acre underground infiltration gallery at Valley Village Park. Construction of the underground infiltration gallery includes installation of a storm drain diversion structure, stormwater pipeline, two hydrodynamic separator (HDS) units, flow measuring devices, and maintenance holes. Grant secured $6M. Proposition 1 Groundwater Grant, City of Los Angeles Department of Water and Power (LADWP), CA. ProjectManager/QA/QC. MNS prepared a Title XVI Feasibility Study for the Downtown LA Recycled Water Project. The MNS grants team completed two Proposition 1 Groundwater Sustainability Program applications for two sub -elements of the San Fernando Basin Remediation Project. Safe, Clean Water Program, Cities of San Gabriel, Glendora, and La Canada Flintridge, CA. Grant Writing Manager. For each of these three cities, MNS advised on recommending the respective project pursuits, developed the general project scopes, prepared the funding application to the Safe, Clean Water (SCW) program, and represented the cities as presenter and spokesperson to the respective SCW Steering Committees. The cities were granted $900K. ATP Cycle 3, City of Buellton, CA. Grant Writer. As part of a grant writing team, Greg prepared an application which secured funding for a school pedestrian safety improvement project. MNS also provided preliminary engineering and design services. Clean Water State Revolving Fund Grant, Los Olivos Community Services District, CA. Project Manager/QA/QC. MNS developed a Plan of Study for a Project Report following the guidelines of the Clean Greg Jaquez, PE ) RESUME PG 2 Water State Revolving Fund (CWSRF) and the Water Recycling Funding Program (WRFP). The Project Report will determine the feasibility and selected alternative for a wastewater collection system, wastewater treatment plant, and groundwater replenishment injection well system for the Los Olivos Community Services District (LOCSD). The unincorporated Los Olivos community in Santa Barbara County manages its wastewater with onsite wastewater treatment systems (septic tanks) on private parcels. LOCSD was seeking to develop a comprehensive wastewater collection and treatment system with provision for beneficial use of its treated wastewater. The Plan of Study was submitted with a WRFP application to the State Water Resources Control Board. HSIP Cycle 7, City of Pittsburg, CA. Grant Writer. As part of a grant writing team, Greg prepared an application which secured funding for various safety countermeasures on Leland Road which had a high incidence of collisions. The grant writing project also included analysis of SWITRS collision data with the TIM mapping system and development of a set of countermeasures to reduce or eliminate the frequency of certain types of collisions. Clean Water SRF Grant, Castroville Community Services District, CA. Project Manager/QA/QC MNS provided technical and grant writing services for the Washington Street Sewer Bypass project. Once completed, the project will eliminate surcharge issues in the existing sewer line and provide additional sewer capacity for much needed housing development. Federal Lands Access Program Grant, Thornton Avenue Cycle Track, City of Newark, CA. Grant Writing Manager. MNS prepared a FLAP Grant application for the Thornton Avenue Cycle Track Project. Greg defined the project concept, prepared a conceptual plan layout, and prepared a preliminary cost estimate. The MNS grants team also conducted public outreach. The application resulted in a grant award of $5.4M. Proposition 68 Statewide Park Program, City of Soledad, CA. Grant Writing Manager. MNS prepared the grant application and provided public outreach support for the new Hartnell Park Project. MNS prepared public outreach support materials such as participant involvement exercises, concept sketches, and meeting documents. As the process progressed, MNS provided concept development designs and cost estimates in conjunction with the City's contracted landscape architect. The grant secured $7.6M. APPENDIX B. RESUMES CJ MNS Monica Killen, PhD Senior Grant Writer Firm • MNS Engineers, Inc. Areas of Expertise • Project management • Grant writing • Grant administration • Parks and recreation management • Outreach • Community engagement • Communication/social media • Public speaking • Business development • Microsoft Office Suite (Excel, Word, Outlook, PowerPoint, Publisher), Canva • Bilingual (English and Spanish) Years of Experience • 17 Education • PhD, Education, Chapman University, CA • MA, Mexican -American Studies, California State University, Los Angeles, CA • BS, Human Services, California State University, Fullerton, CA Dr. Killen has worked in the public sector for over 17 years with experience in the areas of grant writing, outreach, project management, park and recreation management, legislative staffer, and higher education. Dr. Killen's expertise in grant writing stems from years of experience writing grant applications and legislative proposals. Dr. Killen is also a skilled public speaker with experience speaking at conferences, community gatherings, schools and colleges, chamber meetings, educational presentations, and resident advisory groups. Fluent in English and Spanish, Dr. Killen is skilled writer and can communicate effectively to establish immediate rapport with community members and leaders. Her specific experience includes the following: City of Greenfield, CA. Senior Grant Writer. Dr. Killen prepared a Proposition 68 Statewide Parks Program grant application for the Greenfield Park Expansion Project. Award decision pending. Proposition 68 Statewide Park Program, Greenfield Park and Community Center, City of Greenfield, CA. Senior Grant Writer. MNS prepared a Proposition 68 Statewide Park Program grant application for the proposed Greenfield Park and Community Center. In addition to grant writing, Monica played a supervisory role in managing the MNS team of grant writers in preparation of application narrative and conducting required public outreach and engagement activities. MNS did all of the grant writing and assisted the City with production of public outreach materials. The grant application resulted in an award of $8.5M. Tehachapi Valley Recreation and Park District, CA. Senior Grant Writer. Dr. Killen assisted District staff with preparation of a Proposition 68 Statewide Parks Program grant application for the West Park Renovation Project. Award decision pending. City of Santa Paula, CA. Senior Grant Writer. Dr. Killen prepared a grant application narrative for a USDOT BUILD grant. Award decision pending. City of Rolling Hills, CA. Senior Grant Writer. Dr. Killen prepared three Hazard Mitigation grant subapplications for submittal by CaIOES to FEMA. The City was awarded $2.8M. City of Monrovia, CA. Senior Grant Writer. Dr. Killen supervised and shared grant writing duties with a team member to secure a $500K grant from the SCAG Future APPENDIX B. RESUMES CJ MN5 Communities Pilot Program for an optimization study of the City's subsidized car -sharing service. City of La Canada Flintridge, CA. Senior Grant Writer. Dr. Killen secured a $300K Proposition 68 grant from the Santa Monica Mountains Conservancy to fund project design and environmental documentation for the Flint Canyon Trail Restoration Project. Santa Monica Mountains Conservancy Proposition 68—Grant Writing, City of La Canada Flintridge, CA. Senior Grant Writer. MNS prepared a Proposition 68 grant application for the Flint Canyon Wash Trail Restoration Project. The City was awarded $300K which will be used to prepare final design plans and environmental documentation. San Mateo County Transportation Authority 2021 Cal for Projects, US 101/Holly Street Interchange Improvement Project, City of San Carlos, CA. Senior Grant Writer. MNS prepared a grant application to the 2021 SMCTA Call for Projects to fill a funding gap for the US 101/Holly Street Interchange Improvement Project. MNS provided grant writing services which included analysis of various project impacts and benefits. Monica was a key figure in a team of grant writers who prepared the application. The grant application resulted in an award of $10.25M. Federal Lands Access Program Grant, Thornton Avenue Cycle Track, City of Newark, CA. Senior Grant Writer. Monica played a key role in helping manage the MNS grants team in preparing the application and conducting required public outreach. The application resulted in a grant award of $5.4M. CaIOES/FEMA Hazard Mitigation Grant, City of Rolling Hills, CA. Senior Grant Writer. MNS prepared three grant sub -applications and provided preliminary engineering and scoping support. Grant award is pending. Charles E. Meyer Desalination Plan (Desal Plant), Santa Barbara, CA. Senior Grant Writer. MNS is currently providing technical and grant administration services for the construction of a pipeline that will connect to the existing transmission main that will bring desalinated water to the regional Cater Water Treatment Plant, which is operated by the City of Santa Barbara. MNS grant administration tasks include administrative support for preparation of invoices and payment requests, drafting and submitting routine progress reports. Monica Killen, PhD ) RESUME PG 2 Emergency Deep Aquifer Supply & Storage Tank Project, Castroville, CA. Senior Grant Writer. MNS grant administration tasks include administrative support for preparation of invoices and payment requests, drafting and submitting routine progress reports. Moss Landing Wastewater System Rehabilitation, Castroville, CA. Senior Grant Writer. MNS services include project management, technical services, administrative support to comply with loan agreement tasks including reimbursement preparation and drafting and submitting routine progress reports. Project deliverables include Preliminary Engineering Report, Moss Landing Plan of Study, and FAAST Application. Carpinteria Advanced Purification Project, Carpinteria, CA. Senior Grant Writer. MNS prepared a US Bureau of Reclamation Water SMART: Title XVI grant application for the Carpinteria Advanced Purification Project, The Project includes construction of a 1.0 MGD advanced water purification facility (AWPF) to treat wastewater effluent from the Carpinteria Sanitary District. The project will include AWPF with microfiltration, reverse osmosis, an advanced oxidation process, purified water pump station, 9,000 feet of pipeline, two injection wells, and up to four monitoring wells. The total project cost is estimated to be $35M. Proposition 1 Groundwater Sustainability, Los Angeles, CA. Senior Grant Writer. MNS collaborated with LADWP staff and their consultant design team to prepare two grant applications for the North Hollywood Central Groundwater Remediation Project and the Tujunga Groundwater Remediation Project, respectively. Highly technical study documents were interpreted for use in responding to grant application requirements. MNS also prepared project scheduling documents to correspond to grant program requirements. The two projects are part of a historic multiyear effort to remediate contamination in the San Fernando Groundwater Basin. Monica was responsible for organizing work assignments for the grant writing team and contributing to the overall grant writing effort. As -Needed Technical Grant Writing, City of Los Angeles Department of Water and Power (LADWP), Los Angeles, CA. Senior Grant Writer. MNS prepared a Title XVI Feasibility Study for the Downtown LA Recycled Water Project. The MNS grants team completed two Proposition 1 Groundwater Sustainability Program applications for two sub -elements of the San Fernando Basin Remediation Project. Both applications were successful, and grants were awarded to LADWP for a combined total of $260M. APPENDIX B. RESUMES CJ MNS Helen Maggitti Associate Grant Writer Firm • MNS Engineers, Inc. Areas of Expertise • Community outreach • Project stakeholder coordination • Community partnership facilitator • Microsoft Suite • Google Suite • SAS programming Years of Experience -3 Education • BA, Economics (Major) and Environmental Sciences (Minor) Williams Smith College, Geneva, NY Ms. Maggitti recently graduated from William Smith College with a Bachelor of Arts in Economics and Minor in Environmental Studies. Helen served as a CivicSpark Climate Fellow for Americorps where she supported the City of Carpinteria in reaching their goals for the Strategic Energy Plan. She is proficient in communicating and collaborating with agency staff and project stakeholders to develop robust documents, plans, and ordinances. Helen also has experience in organizing and facilitating community outreach programs and cultivating community partnerships. Her experience includes: Federal Lands Access Program Grant, Thornton Avenue Cycle Track, City of Newark, CA. Associate Grant Writer. MNS prepared a FLAP Grant application for the Thornton Avenue Cycle Track Project. Helen was part of the MNS team of grant writers that prepared application narrative and conducted required public outreach and engagement activities. The application resulted in a grant award of $5.4M. San Mateo County Transportation Authority 2021 Call for Projects, US 101/1-iolly Street Interchange Improvement Project, City of San Carlos, CA. Associate Grant Writer. MNS prepared a grant application to the 2021 SMCTA Call for Projects to fill a funding gap for the US 101/Holly Street Interchange Improvement Project. MNS provided grant writing services which included analysis of various project impacts and benefits. The grant application resulted in an award of $10.25M. Local Roadway Safety Plan, City of Solvang, CA. Assistant Planner. Helen prepared a LRSP for the City of Solvang. Local Roadway Safety Plan, City of Soledad, CA. Assistant Planner. Helen is currently in the process of completing a LRSP for the City of Soledad. Local Roadway Safety Plan, City of La Vern, CA. Assistant Planner. Helen is currently preparing a LRSP for the City of La Verne. APPENDIX B. RESUMES OMNS Proposition 68 Statewide Park Program, Greenfield Park and Community Center, City of Greenfield, CA. Associate Grant Writer. MNS prepared a Proposition 68 Statewide Park Program grant application for the proposed Greenfield Park and Community Center. Helen was part of the MNS team of grant writers that prepared the grant application and assisted the City with production of public outreach materials. The grant application resulted in an award of $8.5M. Carpinteria Advanced Purification Project, Carpinteria, CA. Associate Grant Writer. MNS prepared a U.S. Bureau of Reclamation Water SMART: Title XVI grant application for the Carpinteria Advanced Purification Project. The Project includes construction of a 1.0 MGD advanced water purification facility (AWPF) to treat wastewater effluent from the Carpinteria Sanitary District. The project will include AWPF with microfiltration, reverse osmosis, an advanced oxidation process, purified water pump station, 9,000 feet of pipeline, two injection wells, and up to four monitoring wells. The total project cost is estimated to be $35M. The application is pending a decision. Americorps, City of Carpinteria, CA. CivicSpark Climate Fellow. Helen supported the City of Carpinteria in reaching the goals laid out in their Strategic Energy Plan. In this capacity, she communicated and collaborated with agency staff and outside project stakeholders; researched and developed documents, plans, and ordinances; gave presentations to agency staff, City Council, and the community; cultivated community partnerships with other local agencies and nonprofits; and organized and facilitated community outreach surrounding City energy initiatives. Helen Maggitti I RESUME PG 2 Hobart and William Smith (HWS) Colleges Office of Sustainability, Geneva, NY. Student Intern. Helen completed two annual greenhouse gas inventory reports in support of Hobart and William Smith Colleges' Carbon Commitment with Second Nature. Her responsibilities included collecting emission source data and calculated resulting emissions; researching and proposing possible projects to mitigate and offset the colleges' emissions; and communicating with and retrieving data from various departments on campus as well as Second Nature and multiple carbon offset companies. Helen worked independently as well as collaboratively to meet deadlines; assisted the Sustainability Manager with administrative work; and organized and delegated to other student interns and EcoRep positions. Hobart and William Smith (HWS) Campus Greens, Geneva, NY. Club President. Helen hosted weekly club meetings and planned and organized zero -waste dinner events with 50-100 attendees. She managed a two-day clothing -swap events each semester and assigned tasks to other club members. Through advocacy, Helen strived to make HWS and the larger community more sustainable through advocacy, petitions, tabling, and social media advertising. APPENDIX B. RESUMES W CJ MNS Taylor Gullikson Associate Grant Writer Firm • MINIS Engineers, Inc. Areas of Expertise • Grant Writing • Environmental Monitoring and Inspection • Public Outreach Years of Experience -3 Certification(s) • PADI Open Water Diver Education • BS, Environmental Science and Management (Ecology, Biodiversity, and Conservation), University of California, Davis, CA Affiliation(s) • Local Government Commission - CivicSpark Fellow • Program Coordinator Microplastics Task Force - Surfrider Foundation SLO Chapter Ms. Gullikson's expertise includes grant writing, environmental monitoring and inspection, and preparing stormwater regulatory compliance reports; and services to fulfill municipal stormwater permit requirements. Taylor updated and managed structural Best Management Practices (BMP) inventory in 2ndNature; developed and distributed new multi -media public outreach materials on topics including sustainable landscaping, stormwater pollution prevention, and safe pet waste management, and conducted visual assessments and collected GPS information on trash loading in priority areas. Her specific project experience includes: Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project, Palo Alto, CA. Associate Grant Writer. MNS is currently providing construction management services and loan administration for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project funded by the California State Water Resources Control Board Clean Water State Revolving Fund. The project entails planning, design, and procurement to rehabilitate and upgrade PSTs and primary effluent channel structure, sludge collection mechanism system drive units, primary sludge and scrum piping, electrical Motor Control Center (MCCs), and ancillary systems in order to improve reliability of treatment processes at the Regional Water Quality Control Plant (RWQCP). MINIS loan administration tasks include administrative support for preparation of invoices and payment requests, drafting and submitting routine progress reports. Regional Supply Pipeline Project, Santa Barbara County Proposition 1 Integrated Regional Water Management (IRWM) Round 1 Implementation Grant, Santa Barbara, CA. Associate Grant Writer. Emergency Deep Aquifer Well and Storage Tank, Small Community Drought Relief Program, Castroville, CA. Associate Grant Writer. MINIS is currently providing technical and grant administration services for the Emergency Deep Aquifer Supply and Storage Tank project. MINIS is providing planning and design services for the Deep Aquifer Well, Arsenic Treatment System, and Storage Tank. Once completed, the project will provide approximately 300 acre-feet per year (AFY) of clean drinking water to the community of Castroville and increase water reliability. MINIS grant administration tasks include administrative support for preparation of invoices and payment requests, drafting and submitting routine progress reports. APPENDIX B. RESUMES CJMNS Moss Landing Wastewater System Rehabilitation, Castroville, CA. Associate Grant Writer. MNS services include project management, technical services, administrative support to comply with loan agreement tasks including reimbursement preparation and drafting and submitting routine progress reports. Project deliverables include Preliminary Engineering Report, Moss Landing Plan of Study, and FAAST Application. Valley Village Stormwater Management Project, Proposition 1 Stormwater Program, Los Angeles, CA. Associate Grant Writer. MNS prepared a Proposition 1 Stormwater Implementation Grant application for the Valley Village Park Stormwater Project. To minimize the region's dependence on imported water, the project will capture 158 AFY of runoff from a 453-acre tributary area and recharge the San Fernando Valley Groundwater Basin. The project consists of installing a 0.65-acre underground infiltration gallery at Valley Village Park. Construction of the underground infiltration gallery includes installation of a storm drain diversion structure, stormwater pipeline, two hydrodynamic separator (HDS) units, flow measuring devices, and maintenance holes. Utility Relocation Environmental Monitoring, Vandenberg Air Force Base, CA. Environmental Technician. Assisted with monitoring, inspection, enforcement, and surveying activities of environmental programs or projects as assigned. Assisted with maintaining inspections files, records, and logs; writing reports and chronologies; maintaining and updating various databases and filing and record keeping systems. Applied an understanding of permitting and monitoring requirements to assist with efforts to monitor and protect identified endangered animal species such as the California Red -Legged Frog and Vernal Pool Fairy Shrimp, and plant species of concern such as Seacliff Buckwheat, and the Gaviota Tarplant. Assisted with delivery of training to contractors and others to work safely around sensitive plant and animal species. Assisted with preparation and delivery of outreach materials and conducting outreach efforts. Taylor Gullikson I RESUME PG 2 Federal Lands Access Program, City of Newark, CA. Public Outreach Specialist. In support of a grant application to fund the proposed Thornton Avenue Cycle Track, produced a promotional video describing the project need and scope. Los Angeles County Regional Park and Open Space District Measure A Competitive, City of San Gabriel, CA. Associate Grant Writer. Prepared a grant application to fund a new trail and bridge connection to Vincent Lugo Park. District Administrative Support, Los Olivos Community Services District, CA. Project Coordinator. Assisted with managing LOCSD's Streamline website, including uploading meeting agendas, minutes, video recordings and other documents as required by the Brown Act and the Special District Leadership Foundation (SDLF). Meeting with Streamline (website server platform) to discuss changes to the website in preparation for an upcoming Benefit Assessment Election. Assisted the Board in meeting requirements for the SDLF Certificate of Transparency to certify LOCSD as a Special District. Revised and distributed documents though email and LISPS to stakeholders, including meeting agendas and quarterly District updates. Managed calendar content and email accounts to assist Board members in being accountable, on track, and up to date with stakeholder communications. Created a YouTube channel and uploaded meeting videos monthly. WaterSMART: Title XVI WIIN Water Reclamation and Reuse Projects, Carpinteria Valley, CA. Associate Grant Writer Title XVI Water Reclamation and Reuse, Carpinteria Valley Water District, CA. Associate Grant Writer. Researched and provided content for the environmental section of the grant application to fund the Carpinteria Advanced Purification Project. APPENDIXB. RESUMES �JMNS Nick Panofsky, PE, QSD Water Resources Engineer Firm • MINIS Engineers, Inc. Areas of Expertise • Water/wastewater infrastructure rehabilitation and improvements • Stormwater Management Plans • Water resources planning • Project management Years of Experience • 16 Licensing • Professional Civil Engineer, CA No. 75006 Certification • Qualified SWPPP Developer, CA No. 75006 Education • MBA, Shidler College of Business, University of Hawaii, HI • BS, Environmental Engineering, California Polytechnic State University, San Luis Obispo, CA Affiliations • American Public Works Association • American Society of Civil Engineers • American Water Works Association • Water Environment Federation Mr. Panofsky has over 16 years of professional consulting experience in the water resources industry. Nick has advanced his expertise through a variety of municipal infrastructure design projects including potable water, recycled water, wastewater, and stormwater. He has been involved in every stage of the design process, including planning, analysis, design, construction management, and operational assistance. He actively manages projects to meet both technical and financial goals. His experience includes: Springfield Water System Improvements, Pajaro/Sunny Mesa Community Services District, CA. Senior Project Engineer. This project involves planning and designing upgrades to the Springfield Water System to deliver a high -quality water source and long-term water supply reliability for the community. The existing Springfield Water System, fed by a single shallow well, has documented water quality problems for a number of contaminants such as nitrates, salinity, and sulfate. The proposed system includes a new water supply from a well or adjacent system, water treatment, water storage tank, booster pump station, back-up generator, and water transmission mains. In addition, this project replaces water service laterals from the existing distribution mains to each residence currently receiving water from the system. Critical Water Supply Improvements for Pajaro, Pajaro/Sunny Mesa Community Services District, CA. Senior Project Engineer. This project involved planning, design, and construction management services for the construction of water storage improvements for a disadvantaged community in northern Monterey County. The project included a new 600,000-gallon bolted steel potable water storage tank, system integration, controls, and a variety of site improvements to transform a greenfield site to a municipal facility. Bicycle/Pedestrian Path and Railroad Crossing Sewer Force Main Relocation, Castroville Community Services District, CA. Technical Lead. This project rerouted an existing 5-inch wastewater force main as part of a larger project to construct a bike and pedestrian bridge. The proposed bridge crosses the Union Pacific Railroad, and the existing force main was an obstruction to the proposed bridge footings and pilings. Two segments of force main were relocated. The project included coordination with the bridge design consultant, and the District. Bypassing was also required as part of the project. APPENDIX B. RESUMES c®i O MNS Robin Hill Road Sewer Main Replacement, Goleta Sanitary District, CA. Project Manager. This project provides planning and design services for the replacement of 1,250 linear feet of 10-inch-diameter vitrified clay sewer pipe located in Robin Hill Road in Goleta, CA. Construction for the project will include ground dewatering and sewer bypassing. The preliminary design effort included field survey, sewer flow monitoring, desktop review of geotechnical studies within the project area, and preparation of Basis of Design report for sewer replacement. Field survey determined the sewer includes a vertical sag in profile resulting in loss of hydraulic capacity. Based on findings, final design for replacement sewer is ongoing. Final design includes additional geotechnical investigations and preparation of final contract documents for construction including traffic control plans. MNS will lead the effort to obtain encroachment permits from the Cities of Goleta and Santa Barbara for project construction. Engineering Services for GIS Data Management, Goleta West Sanitary District, CA. Project Manager. Responsibilities include updating and maintaining the City's Sanitary District Geographic Information Systems (GIS) database, correcting known inaccuracies and adding new developments based on CAD files. The project included the creation of an atlas map book and wall map for the District. El Estero Wastewater Treatment Plant Sodium Hypochlorite Line Replacement Project, City of Santa Barbara, CA. Project Engineer. This project replaced an existing chemical feed line at the Santa Barbara Wastewater Treatment Plant. The project included development of complete project plans and specifications to install approximately 600 linear feet of two %-inch chemical feed lines double contained in 4-inch conduit, as well as a chlorine dosing regulation station to allow chlorination of multiple areas within the treatment plant. Coastal Inflow and Infiltration Reduction Project, City of Santa Barbara, CA. Project Engineer. This project developed design plans to rehabilitate approximately 3,300 linear feet of 33-inch vitrified clay pipe (VCP) sewer main located west of Cabrillo Boulevard in Santa Barbara. Some of the manholes are located in the sandy beach area, which required special environmental mitigation measures. The alignment crosses under Mission Creek and the entrance to Stearns Wharf, which necessitated extensive public coordination requirements. The project included lining of the existing sewer without bypassing. A spiral wound polyvinyl chloride (PVC) pipe lining product was specified. Nick Panofsky, PE, QSD j RESUME PG 2 Inflow and Infiltration Master Plan, Ojai Valley Sanitary District, CA. Lead Engineer. As a result of a aging and deteriorated collection system, the District experiences high peak wastewater flow rates during wet weather. Responsibilities included researching, documenting, writing and completing a master plan to evaluate the inflow and infiltration (I&I) issues within the District's service area. The end product documented the areas experiencing the highest levels of I&I within the service area, as well as developed anticipated construction costs to mitigate these issues. Flying Flags Sewer Line Repair, City of Buellton, CA. Project Manager. The project replaced approximately 150 linear feet of 10-inch cast iron and vitrified clay gravity sewer main with PVC, installed a new manhole, and raised another manhole to grade to reduce infiltration. Located within a mobile home park, close coordination occurred with a large number of transient residents. Additionally, the sewer line —installed at a depth of approximately 15 feet in soft sandy soils — required a nearly 30-foot-wide excavation for the entire length of the project alignment. Unknown utilities also had to be located and protected. Responsibilities included managing a team of engineers, drafters, and other staff to develop detailed contract documents for replacing. Harvard Boulevard Improvements, Peck Road to Elizabeth Court, City of Santa Paula, CA. Senior Project Engineer. This project installs over 10,000 linear feet of potable water and gravity wastewater pipeline. Improvements include abandonment of the existing 24- inch vitrified clay pipe (VCP) sewer main and manholes, installation of 46 of 36-inch polyvinyl chloride polystyrene (PVC PS) sewer main approximately 2,840 feet in length, installation of 13 pre -cast polymer manholes, replacement of sewer service laterals, and connections to existing sewer mains. El Camino De La Luz and Via Lucero Lift Stations, City of Santa Barbara, CA. Project Manager. This project designed a new 6-inch redundant force main to supplement the existing 100-linear-foot, 4-inch high - density polyethylene pipe (HDPE) force main. MNS provided a detailed alignment alternatives analysis from both cost and hydraulic perspectives. This project was part of the larger Force Main Improvements project. Responsibilities included managing a team of engineers, drafters, and other staff to develop detailed contract documents for the construction of multiple wastewater force mains. Design of both force mains was placed on hold pending availability of funding. APPENDIX B. RESUMES M %,Af Tyler Hunt, PE, QSD/QSP Water Resources Engineer Firm • MNS Engineers, Inc. Areas of Expertise • Project management • Municipal infrastructure • Wastewater treatment • Wastewater reclamation • Site improvements • Irrigation and water delivery design • Low -impact development • Stormwater pollution prevention plans • Water system consolidation Years of Experience • 22 Licensing • Professional Civil Engineer, CA No. 74580 Certification • Qualified SWPPP Developer, CA No. 00822 Education • BS, Agricultural Systems Management, California Polytechnic State University, San Luis Obispo, CA Affiliations • American Public Works Association, Executive Committee • American Society of Civil Engineers Mr. Hunt has over 22 years of experience in the water resources/wastewater industry. Tyler's expertise includes project management, water/wastewater conveyance, site improvements, wastewater treatment, wastewater reclamation, irrigation and water delivery, stormwater pollution prevention, low -impact development (LID), water system consolidation, and municipal infrastructure projects. In addition to engineering design, he is experienced with providing construction management and inspection services such as public utility coordination, inspection, estimating, and client support. His experience includes: Mesa Tanks Replacement Project, City of Santa Paula, CA. Project Manager. This project encompasses planning and design to replace two 300,000-gallon steel tanks. The site is located on a steep hillside with limited construction access and nearby residences. Project elements include site improvements, retaining wall, two 300,000-gallon welded steel tanks, piping improvements, a new generator, and electrical/I&C improvements. Water Tank Replacement and Chloramine Modifications, Villa Del Monte Mutual Water Company, CA. Project Manager. This project replaces the existing bolted steel reservoir and converts disinfection to chloramines. The scope of work includes preliminary and detailed design phases. Atechnical memorandum was prepared to evaluate tank replacement and disinfection system alternatives, which included four tank construction materials, three chemicals for ammonia addition, chemical delivery and storage requirements, control system modifications, and preliminary site layout. In accordance with the recommendations of the technical memorandum, MNS prepared detailed design plans, specifications, and engineer's estimate of probable cost of construction (PS&E) suitable for public bid. MNS also applied for and obtained necessary permits with local and State jurisdictions. Microfiltration Break Tank Repair/Replacement, West Basin Municipal Water District, CA. Project Manager. The Juanita Millender-McDonald Carson Regional Water Recycling Plant produces high quality recycled water through microfiltration and reverse osmosis treatment processes. The microfiltration filtrate is temporarily stored in an existing above -ground steel welded tank built in 1999. The existing tank had significant corrosion and required rehabilitation or replacement. MNS prepared a preliminary design report to develop recommendations for the repair or APPENDIX B. RESUMES M C MNS replacement of the tank. Following the submittal of the preliminary design report, the District opted to replace the tank in the existing footprint. MINIS designed the 45-foot- diameter, 194,000-gallon welded steel tank, which included an engineered aggregate pier foundation. Los Feliz Drive Waterline Improvements, City of Thousand Oaks, CA. Design Lead. As part of the Los Feliz Sidewalks Improvement project, the City desired to replace the aging water infrastructure along Los Feliz Drive. Water system improvements include replacing existing water main with approximately 1,400 linear feet of 10-inch PVC, as well as water service laterals, valves, and other components. Upper Country Club Drive Pipeline Replacement Project, City of Burbank Water and Power, CA. QA/QC Engineer. This conceptual and detailed design project will replace approximately 1,400 feet of existing six-inch water main with a new six-inch pipeline, including replacement of the water storage tank connections. The preliminary design evaluated alternative alignments for replacing the existing water main with an upgraded six-inch ductile iron pipeline in a narrow canyon roadway impacted with several utility lines. No alignments could meet California Waterworks Standards criteria for separation from utility lines carrying non -potable fluids, so coordination with the Division of Drinking Water (DDW) to determine the preferred alignment was required. Responsibilities include quality assurance/quality control reviews. Thousand Oaks Boulevard Waterline Improvements, City of Thousand Oaks, CA. QA/QC Engineer. As part of the Thousand Oaks Boulevard Streetscape Improvement project, this project will replace the aging water infrastructure along Thousand Oaks Boulevard and Los Feliz Drive. This project will remove and replace 160 linear feet of an existing 4-inch water main with a new 10-inch pipe; abandon and replace 240 linear feet of existing 6-inch water main with a new 10-inch pipe; remove and replace 60 linear feet of existing 10-inch water main with a new 10-inch pipe; and remove and replace 10 service laterals and corresponding water meters, 11 main valves, and three fire hydrants. MINIS is providing engineering design and support services. Water and Power Campus Stormwater Improvement Project, City of Burbank Water and Power, CA. Project Manager. This $4M project included preliminary design, detailed design, permitting support services, and engineering services during construction. The preliminary design for this project evaluated alternatives for the Ecocampus to comply with the new stormwater discharge Tyler Hunt, PE, QSD/QSP I RESUME PG 2 quality standards. Following preliminary analysis, a preferred project was identified and recommended for detailed design, permitting and construction. The detailed design will install an underground storage, infiltration, and reuse system to pre -treat and capture to up 273,000 gallons of stormwater. Once captured, the water can be either used onsite as cooling tower make up water or infiltrated to the local ground water basin. The project involves construction of an 800-gallon-per-minute submersible stormwater transfer pump station and 12- inch-diameter force main pipeline to convey water from the underground storage and infiltration basin for use in the plant cooling process. The project also constructs 360 feet of new 36-inch-diameter off -site storm drain pipeline in the Magnolia Boulevard and N. Varney Street right-of-way and new connection to the Burbank Western Channel. Sewer Main Replacements, City of Lompoc, CA. Project Manager. This multiphase infrastructure project replaced over 5,000 linear feet of existing gravity sewer mains. Construction elements include trenchless pipe installation, traffic control plans, overlapping easements, Caltrans right-of-way (RAM for encroachment on State Route 1, and multiple Union Pacific Railroad (UPRR) crossings. MNS provided land surveying and civil engineering services, including engineered construction plans, site verification, and agency coordination support. Sewer Main Replacements, City of Lompoc, CA. Project Manager. This multiphase infrastructure project replaced over 5,000 linear feet of existing gravity sewer mains. Construction elements include trenchless pipe installation, traffic control plans, overlapping easements. Caltrans right-of-way (R/W) for encroachment on State Route 1, and multiple Union Pacific Railroad (UPRR) crossings. MINIS provided land surveying and civil engineering services, including engineered construction plans, site verification, and agency coordination support. Robin Hill Road Sewer Main Replacement, Goleta Sanitary District, CA. QA/QC Manager. This project provides planning and design services for the replacement of 1,250 linear feet of 10-inch-diameter vitrified clay sewer pipe located in Robin Hill Road in Goleta, CA. Construction for the project will include ground dewatering and sewer bypassing. The preliminary design effort included field survey, sewer flow monitoring, desktop review of geotechnical studies within the project area, and preparation of Basis of Design report for sewer replacement. Field survey determined the sewer includes a vertical sag in profile resulting in loss of hydraulic capacity. APPENDIX B. RESUMES M O MNS Beth Reineke Water Resources Specialist Firm • MNS Engineers, Inc. Areas of Expertise • Environmental services • Permitting • Compliance • NPDES • Hazardous waste Years of Experience • 19 Certification(s) • 40-Hour HAZWOPER Course, Columbus, Ohio Fire Academy • Federal Resources, Counter CBRN All Hazards Management Response • Federal Resources, First Responder Offensive Course Education • EIS, Environmental Scient, Oregon State University, OR Professional Development • RCRA Hazardous Waste Management (EPA Required) Course • US Air Force, School of Bioenvironmental Engineering • US Air Force, School of F 16 Avionics and Electronic Principles Ms. Reineke has over 19 years of experience providing environmental services including compliance, reporting, and permitting for National Pollutant Discharge Elimination System (NPDES), California Environmental Quality Act (CEQA), United States Environmental Protection Agency (EPA), and Certified Unified Program Agencies (CUPA). Beth is adept at managing complex databases and large collections of reports and compliance schedules. She is a skilled communicator who delivers effective project messages and works very productively with colleagues as well as external stakeholders. She has performed data integrity audits and expeditiously addressed errors. Beth served as the District Liaison for compliance, reporting and mitigation measures with the California Division of Drinking Water (DDW), South San Luis Obispo County Sanitation District (SSLOCSD), San Luis Obispo County Air Pollution Control District (APCD), and EPA while with the Golden State Water Company (GSWC). She also ensured the occupational spaces, base waterways, and storage facilities met Cal/OSHA and EPA requirements for the United States Air Force. Beth compiled and tracked annual air reports for the Counties of Ventura, Santa Barbara, and San Luis Obispo. Beth also assisted with site surveys, inspections, and operating permit interpretation. She has audited, created, and submitted over 400 compliance reports annually with zero missed deadlines. She created, submitted, and tracked permits to the State of California and counties within California. Beth served as District Administrative Contact for compliance and reporting of allowable discharges. She performed annual reporting of events and routine sample collection; served as the central point of contact and reviewer for various districts environmental compliance on large projects involving multiple agencies. Beth has worked under EPA regulations for environmental and drinking water compliance. She managed 43 sites hazardous materials business plans with a perfect compliance record. Her experience includes: Golden State Water Company (GSWC), Santa Maria, CA. Associate Water Quality Engineer. Beth liaised between GSWC and the California State Water Resources Control Board (SWRCB), Division of Drinking Water. Additional responsibilities included serving as the Internal Compliance Auditor and providing reporting, trending analysis, modeling studies, and Water System Improvement Project Scoping. APPENDIX B. RESUMES M C MNS ATP Cycle 6, City of San Carlos, CA. Grant Writer. Beth is responsible for developing public outreach content and preparing a grant application. ATP Cycle 6, City of Stockton, CA. Grant Writer. Beth is responsible for developing public outreach content and preparing a grant application. Clean Water SRF Grant, Castroville Community Services District, CA. Grant Writer/Grants Analyst. MINIS provided technical and grant writing services for the Washington Street Sewer Bypass project. Once completed, the project will eliminate surcharge issues in the existing sewer line and provide additional sewer capacity for much needed housing development. Beth was responsible for developing the Project Report and grant application content. Beth Reineke I RESUME PG 2 California Air National Guard, Bioenvironmental Engineering, CA. Environmental and Occupational Health and Safety Compliance Coordinator. Beth managed exposure and health records for service members. United States Air Force. F 1 6Avionics Technician. Responsibilities included aircraft electronics, wiring, and flight control troubleshooting and maintenance. APPENDIX B. RESUMES M C MNS Michael Ip, PE, QSD Transportation/Traffic Engineer J Firm • MNS Engineers, Inc. Areas of Expertise • Roadway, highway, and interchange design • Transportation planning • Traffic engineering • Drainage and flood control facilities • Construction and project management • Caltrans Years of Experience • 28 Licensing • Professional Civil Engineer, CA No. 43671 Certification • Qualified SWPPP Developer, CA No. 43671 Education • MS, Construction Management, University of California, Berkeley, CA • BS, Civil Engineering, University of California, Irvine, CA Affiliations • American Council of Engineering Companies • American Public Works Association • American Society of Civil Engineers Awards • 2020 APWA Project of the Year, Thousand Oaks Boulevard Streetscape • 2019 APWA Project of the Year, Westlake Boulevard (State Route 23) Sidewalk and Bicycle Lane Improvements Project • 2017 APWA/ASCE Project of the Year, Donlon Road Realignment • 2017 ACEC Engineering Excellence Merit, Colorado Esplanade • 2012 APWA Project of the Year, California State University Channel Islands Entrance Road Improvements • 2010 ACEC Engineering Excellence Merit, Fillmore Water Recycling • 2010 APWA Project of the Year, Lewis Road (State Route 34) Widening State Segment • 2007 APWA Project of the Year, Lewis Road Widening Mr. Ip is a Principal Engineer with 28 years of experience specializing in the design and management of transportation facilities and capital improvement projects. Michael's technical experience includes all project phases, including project reports, planning, design, and construction management. His management experience includes oversight and direction of technical professionals, client liaison, quality control, subconsultant coordination, public outreach and resources allocation to ensure the timely delivery of project deliverables. At MNS, Michael serves as Principal Engineer and Project Manager specializing in transportation projects. His experience includes: Mulholland Highway Improvements Design, City of Calabasas, CA. Project Manager. The City of Calabasas proposes to construct roadway and safety improvement on Mulholland Highway (MH), between Old Topanga Canyon Road (East) and the southern City limit approximately 2.7 miles in length. MH is the primary north -south road in the southwestern portion of the City, connecting unincorporated Los Angeles County in the south end and the City of Los Angeles on the north end. MH is a scenic road and a designated emergency route. It is primarily a two-lane road with left turn lanes at the approaches to intersections. Average daily traffic on MH is about 8,500 vehicles. MH serves as the primary route for multiple residential communities, schools, and recreational areas on MH. Scope of work includes developing a safe roadway facility, developing a roadway blending within the local environment and community, and public outreach and coordination with project stakeholders. C Street Bicycle Facilities Installation, City of Oxnard, CA. Project Manager. This project will install bicycle facilities (Class II and III) on C Street from Hueneme Road to Gonzales Road. The project is primarily located along C Street. At the southerly end, the bike facility will be on Courtland Street from Hueneme Road to Canterbury Way. The project includes Class III bicycle facilities to close gaps on the following streets intersecting or adjacent to C Street: Hill Street from C Street to Novato Drive, Guava Street from C Street to East Hemlock Street, East Hemlock Street from Guava Street to Patterson Road, and G Street from Guava Street to Wooley Road. The project coordinates the proposed improvements with two City projects: Thin Maintenance Overlay Project Phase 2 and Bryce Canyon North and South Resurfacing Project. The project will provide approximately nine miles of bicycle facilities. APPENDIX B. RESUMES rCJMNS US 101/Holly Street Interchange and Pedestrian Overcrossing (POC) Project, City of San Carlos, CA. Principal Engineer. This $25.8M project modifies the existing interchange on US 101 at the Holly Street overcrossing (OC) and adds a pedestrian overcrossing (POC) over US 101. The interchange modification will remove the northeast and southwest loop ramps from the existing full cloverleaf (Type L-10) interchange and create a partial cloverleaf (Type L-9) interchange to US 101. Diagonal on- and off -ramps will be modified to create more bicycle- and pedestrian -friendly crossings. Holly Street will be widened to provide a third through lane for limited sections at on -ramp approaches. The existing deck drains, electroliers, concrete median, and concrete barriers will be modified on the existing Holly Street OC. The POC will provide a new 12-foot-wide multi -use path approximately 430 feet south of the Holly Street OC. As an alternate route for non -motorists, the POC will provide cross -freeway access without the need to traverse ramp termini and entrances. Other key features of the project include ramp widening, ramp metering improvements, drainage improvements, storm - water retention basins, retaining walls, bicycle roundabouts at either end of the multi -use pathway, signing and striping improvements in Redwood City on the east side of US 101. signal improvements at the Industrial Road/ Holly Street intersection, and fiber optic modifications along Industrial Road on the west side of US 101. Los Feliz Drive Sidewalks Phase 2, City of Thousand Oaks, CA. Project Manager. This project will install 800 linear feet of pedestrian facilities on the north and south sides of Los Feliz Drive between Thousand Oaks Boulevard and Conejo School Road. Los Feliz Drive within the project limits consists of high -density residential properties. The project will install missing segments of sidewalk and improve pedestrian safety. These improvements consist of sidewalk construction, driveway reconstruction, traffic lane striping and markings, curb and gutter construction, and crosswalk striping. The project also involves utility relocation in various locations. Upgrades will also be made to the existing striping, crosswalk, and signage on Los Feliz Drive. West and East Ojai Avenue Pipeline, City of Ojai CA. Project Manager. Casitas Municipal Water District (CMWD) retained Waterworks Engineers, LLC (WWE) to design a new water pipeline in Ojai Avenue (State Route 150) from Bristol Road and San Antonio Street to Gridley Road and Oak Glen Avenue, approximately 7,500 linear feet. MNS coordinated with Casita Municipal Water District, City of Ojai, and Caltrans and prepared traffic control plans, traffic management plan and water Michael Ip, PE, QSD ) RESUME PG 2 pollution control program in support of a Caltrans encroachment permit for approximately 7,500 linear feet of new potable water and fiber optic lines on State Route 150 through downtown Ojai. Proposed traffic control plan and management plan will minimize the impacts to motoring public, businesses and property owners. Robin Hill Road Sewer Replacement, City of Goleta, CA. Lead Engineer. Goleta Sanitary District retained MNS to design 1500 LF of sanitary sewer line and manhole replacements in Robin Hill Road and Hollister Avenue. The project was located in both the jurisdictional of the Cities of Goleta and Santa Barbara. MNS coordinated with Goleta Sanitary District and the two Cities and prepared sanitary sewer improvements and traffic control plans. Project improvements required dewatering wells to lower groundwater during construction and sewer bypasses. Marie Kerr Park and Ride Project, City of Palmdale, CA. Project Manager The project located at the northwest corner of Rancho Vista Boulevard and 25th Street West will buildout the remaining 19 acres of the Marie Kerr Park site by constructing a Park and Ride facility, east of the amphitheater. This 1,000+ parking space facility will serve as a park and ride destination as well as provide parking for Palmdale Amphitheater events and Best of the West softball tournaments. The Park and Ride facility will include Vanpool, RV, ADA, future charging stations, bicycle parking spaces, pick up and drop off areas, storm drain, stormwater treatment landscaping, and site lighting facilities. The off -site street improvements will include parkway improvements along the west side of 25th Street West. Hillcrest Drive Sidewalk —Yellen Park Project, City of Palmdale, CA. Project Manager. The project provided a missing sidewalk link on Hillcrest Drive from Avenue S to Buena Vista Elementary School Boulevard. The westerly street parkway improvements included a new sidewalk, ADA curb ramps, and street lighting. Dockweiler Drive Extension, City of Santa Clarita, CA. Project Manager. The City of Santa Clarita proposes to construct a $30M Secondary Arterial—Dockweiler Drive from Sierra Highway to Railroad Avenue. The project will provide an important north -south connection for the City, a new entrance to Masters University, and a secondary emergency access point for the Placerita Canyon community. The roadway extension and widening will go through an existing railroad crossing, business district, hilly terrain, and the Master's University property. APPENDIX B. RESUMES M �JMNS Appendix C. Standard Agreement Requested Changes MNS has reviewed the City's Standard Agreement (Attachment 2). We request our suggestions be considered in an effort to reduce the amount of liability. Please contact us with any questions of concerns in regards to these changes. We are certain we can come to an acceptable agreement in regard to the Agreement. Only sections with comments are provided. APPENDIX C. STANDARD AGREEMENT fCJ MNS subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section l 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 tetras 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. the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, tc,rms that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct onsu I. as amended effective 11112018, , to the extent 9. INTELLECTUAL PROPERTY INDEMNIFICATION reasonable Consultant shall defend, indemnify and hold hammless the City. itso r ers,+tgttrh. representatives, and employees against any and all liability, including costs, an ttorney'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. 10. 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 peI iod 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. 11. 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 impoltance, 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 pa lty is covered APPENDIX C. STANDARD AGREEMENT EXHIBIT C CD' M N S 2022 STANDARD SCHEDULE OF FEES ENGINEERING Principal Engineer..................................$280 Lead Engineer............................................245 Supervising Engineer..............................235 Senior Project Engineer.. ....................... 220 Project Engineer................................ ........ 200 Associate Engineer..................................180 Assistant Engineer................................... .165 SURVEYING Principal Surveyor..................................$260 Lead Surveyor............................................250 Supervising Surveyor..............................215 Senior Project Surveyor .........................195 Project Surveyor........................................170 Senior Land Title Analyst .......................165 Associate Project Surveyor...................160 Assistant Project Surveyor....................145 Party Chief(PW)........................................170 Chainperson(PW)....................................150 One -Person Survey Crew (PW)...........210 DIRECT EXPENSES PROJECT/PROGRAM MANAGEMENT Principal -In -Charge ............................... $320 Senior Project/Program Manager ...... 295 Project/Program Manager....................255 Assistant Project/Program Manager 215 Senior Project Coordinator ...................175 Project Coordinator.................................145 CONSTRUCTION MANAGEMENT Principal Construction Manager ...... $305 Senior Construction Manager.............275 Senior Resident Engineer ......................265 Resident Engineer....................................240 Structure Representative .......................235 Construction Manager ...........................210 Assistant Resident Engineer.................195 Sr. Construction Inspector (PW) ........177 Construction Inspector (PW) ..............168 Office Administrator................................130 TECHNICAL SUPPORT CADD Manager.......................................$195 Supervising Technician ..........................165 Senior Technician.....................................155 Engineering Technician ..........................125 ADMINISTRATIVE SUPPORT Senior Management Analyst.............$180 Management Analyst..............................155 IT Technician...............................................135 Graphics/Visualization Specialist ....... 120 Administrative Assistant ...........................95 GOVERNMENT SERVICES City Engineer ........................................... $240 Deputy City Engineer..............................215 Assistant City Engineer ...........................205 Plan Check Engineer. .......... .................... 190 Permit Engineer.........................................180 City Inspector.............................................150 Senior City Inspector (PW) ..................177 City Inspector(PW)..................................168 Principal Stormwater Specialist .......... 175 Senior Stormwater Specialist...............165 Stormwater Specialist.............................155 Stormwater Technician ..........................140 Building Official.........................................215 Senior Building Inspector ......................190 Building Inspector....................................160 Planning Director......................................215 Senior City Planner..................................190 Assistant Planner......................................160 Senior Grant Writer., ................................ 175 Grant Writer................................................165 Grant Associate.........................................145 Grant Assistant..........................................125 Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate. Expert Witness services will be charged at three (3) times listed rate. PREVAILING WAGE RATES Rates shown with Prevailing Wage "(PW)" annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR. ANNUAL ESCALATION Standard fee rates provided for each classification are subject to an annual escalation increase of 3.5% starting January 1, 2023. OVERTIME Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classification will be charged at 1 x hourly rate. Zavala, Talisa From: CTrax <certificate-request@ctraxjdidata.com> Sent: Wednesday, September 28, 2022 8:42 AM To: tkanja@mnsengineers.com; Lovegren, Leif; syoung@risk-strategies.com; Zavala, Talisa Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor MNS Engineers, Inc. Name: Project TBD (67) Number: Project Agreement With MNS Engineers To Provide On Call Grant Writing Name: Services 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: T POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE j AUTOMOBILE LIABILITY BA8R521641 06/14/2023 - 09/12/2022 City of Santa Ana- CISNA.22031 LOO.pdf GENERAL LIABILITY 6802JO51458 06/14/2023 City of Santa Ana - 09/12/2022 CISNA.220311.00.pdf PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 9/28/2022 11:41 AM 107272696 1 06/14/2023 , 09/12/2022 UB6K139301 1 06/14/2023 i 09/12/2022 City of Santa Ana- CISNA.220311.00.pdf City of Santa Ana- CISNA.22031 I.00.pdf 1 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor MNS Engineers, Inc. Name: Project A-2022-185-03 Number: Project Agreement With MNS Engineers To Provide On Call Grant Writing Name: Services 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 City of Santa AUTOMOBILE LIABILITY 72UEGCK5894 06/14/2024 06/12/2023 Ana.pdf City of Santa GENERAL LIABILITY 72SBWBG3262 06/14/2024 06/12/2023 Ana.pdf City of Santa PROFESSIONAL LIABILITY 107272696 06/14/2024 06/12/2023 Ana.pdf WORKERS COMPENSATION AND City of Santa 72WEGAX1RMA 06/14/2024 06/12/2023 EMPLOYERS' LIABILITY Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 6/14/2023 11:32 AM 75/1/2026 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 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). PRODUCER CONTACT NAME: Mandy Guo AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd., Suite 230 A/C No Ext: 510-272-1402 (A/C,No): E-MLafayette CA 94549 ADDRESS: DesignProCerts@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: Hartford Underwriters Insurance Company 30104 INSURED BKFENGI-02 INSURERB: Hartford Fire Insurance Company 19682 MNS Engineers, Inc. 201 N. Calle Cesar Chavez, Suite 300 INsuRERc:XL Specialty Insurance Company 37885 Santa Barbara CA 93103 INSURERD: Hartford Casualty Insurance Company 29424 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:996975231 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. INSR L TYPE OF INSURANCE ADD SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y 72SBWBM2X4V 6/14/2025 9/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY� PECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 72UEGCK5894 6/14/2025 9/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR Y Y 72SBWBM2X4V 6/14/2025 9/1/2026 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$1 n nnn $ D WORKERS COMPENSATION Y 57WEOK8HOZ 9/1/2025 9/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C ProfessionalLiability DPR5047615 9/1/2025 9/1/2026 Per Claim $5,000,000 (Includes Pollution Liability) Annual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The following policies are included in the underlying schedule of insurance for Umbrella/Excess Liability: General Liability/Auto Liability/Employer's Liability. Projects as on file with the insured including but not limited to On Call Grant Writing Services,A-2022-185-03.The City of Santa Ana, its officers,officials, employees,and volunteers are named as additional insureds and primary/non-contributory clause applies to the general liability policy and a waiver of subrogation applies to the general,auto and work comp policies.30-day notice for of and cancellation, 10-day notice for non-payment of premium applies. .Professional Liability Retroactive Date:06/29/1962. APPROVED By Tu Tran Nguyen at 1:03 pm,May 04,2026 CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation 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 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 72SBWBM2X4V MNS Engineers,Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE-d HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury"or"property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 72UEGCK5894 COMMERCIAL AUTOMOBILE HA99161221 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED e. Employees as Insureds Paragraph .1. - WHO IS AN INSURED - of (1). Any "employee" of yours while using a Section II - Liability Coverage is amended to covered "auto" you don't own, hire or add the following: borrow in your business or your personal d. Subsidiaries and Newly Acquired or affairs. Formed Organizations f. Lessors as Insureds The Named Insured shown in the Declarations (1). The lessor of a covered "auto" while the is amended to include: "auto" is leased to you under a written (1) Any legal business entity other than a agreement if: partnership or joint venture, formed as a (a) The agreement requires you to subsidiary in which you have an provide direct primary insurance for ownership interest of more than 50% on the lessor and the effective date of the Coverage Form. (b) The "auto" is leased without a driver. However, the Named Insured does not Such a leased "auto" will be considered a include any subsidiary that is an "insured" covered "auto" you own and not a covered under any other automobile policy or "auto" you hire. would be an "insured" under such a policy but for its termination or the exhaustion of g. Additional Insured if Required by Contract its Limit of Insurance. (1) When you have agreed, in a written (2) Any organization that is acquired or contract or written agreement, that a formed by you and over which you person or organization be added as an maintain majority ownership. However, additional insured on your business auto the Named Insured does not include any policy, such person or organization is an newly formed or acquired organization: "insured", but only to the extent such (a) That is a partnership or joint venture, person or organization is liable for "bodily injury" or "property damage" caused by (b) That is an "insured" under any other the conduct of an "insured" under policy, paragraphs a. or b. of Who Is An Insured (c) That has exhausted its Limit of with regard to the ownership, Insurance under any other policy, or maintenance or use of a covered "auto." (d) 180 days or more after its acquisition The insurance afforded to any such or formation by you, unless you have additional insured applies only if the given us notice of the acquisition or "bodily injury" or "property damage" formation. occurs: Coverage does not apply to "bodily injury" (a) During the policy period, and or "property damage" that results from an (b) Subsequent to the execution of such "accident" that occurred before you written contract, and formed or acquired the organization. Form HA 99 16 12 21 Page 1 of 5 ©2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (c) Prior to the expiration of the period of This insurance is primary if you have time that the written contract requires agreed in a written contract or written such insurance be provided to the agreement that this insurance be primary. additional insured. If other insurance is also primary, we will (2) How Limits Apply share with all that other insurance by the method described in Other Insurance 5.d. If you have agreed in a written contract or written agreement that another person or (2) Primary And Non-Contributory To Other organization be added as an additional Insurance When Required By Contract insured on your policy, the most we will If you have agreed in a written contract or pay on behalf of such additional insured is written agreement that this insurance is the lesser of: primary and non-contributory with the (a) The limits of insurance specified in the additional insured's own insurance, this written contract or written agreement; insurance is primary and we will not seek or contribution from that other insurance. (b) The Limits of Insurance shown in the Paragraphs (1) and (2) do not apply to other Declarations. insurance to which the additional insured has Such amount shall be a part of and not in been added as an additional insured. addition to Limits of Insurance shown in When this insurance is excess, we will have the Declarations and described in this no duty to defend the insured against any Section. "suit" if any other insurer has a duty to defend the insured against that "suit". If no other (3) Additional Insureds Other Insurance insurer defends, we will undertake to do so, If we cover a claim or "suit" under this but we will be entitled to the insured's rights Coverage Part that may also be covered against all those other insurers. by other insurance available to an When this insurance is excess over other additional insured, such additional insured insurance, we will pay only our share of the must submit such claim or "suit" to the amount of the loss, if any, that exceeds the other insurer for defense and indemnity. sum of: However, this provision does not apply to (1) The total amount that all such other the extent that you have agreed in a insurance would pay for the loss in the written contract or written agreement that absence of this insurance; and this insurance is primary and non-contributory with the additional (2) The total of all deductible and self-insured insured's own insurance. amounts under all that other insurance. (4) Duties in The Event Of Accident, Claim, We will share the remaining loss, if any, by Suit or Loss the method described in SECTION IV- If you have agreed in a written contract or Business Auto Conditions, B. General written agreement that another person or Conditions, Other Insurance 5.d. organization be added as an additional 3. AUTOS RENTED BY EMPLOYEES insured on your policy, the additional Any "auto" hired or rented by your "employee" on insured shall be required to comply with your behalf and at your direction will be the provisions in LOSS CONDITIONS 2. - considered an "auto" you hire. DUTIES IN THE EVENT OF ACCIDENT, The SECTION IV- Business Auto Conditions, B. CLAIM , SUIT OR LOSS — OF SECTION General Conditions, 5. OTHER INSURANCE IV — BUSINESS AUTO CONDITIONS, in Condition is amended by adding the following: the same manner as the Named Insured. 2. Primary and Non-Contributory if Required e. If an "employee's" personal insurance also b Contract applies on an excess basis to a covered y "auto" hired or rented by your "employee" on Only with respect to insurance provided to an your behalf and at your direction, this additional insured in A.1.g. - Additional insurance will be primary to the "employee's" Insured If Required by Contract, the following personal insurance. provisions apply: (1) Primary Insurance When Required By Contract Page 2 of 5 Form HA 99 16 12 21 4. AMENDED FELLOW EMPLOYEE EXCLUSION obligation for any difference between the actual EXCLUSION 5. - FELLOW EMPLOYEE - of cash value of the "auto" at the time of the "loss" SECTION II - LIABILITY COVERAGE does not and the "outstanding balance" of the loan/lease. apply if you have workers' compensation "Outstanding balance" means the amount you insurance in-force covering all of your owe on the loan/lease at the time of "loss" less "employees". any amounts representing taxes; overdue Coverage is excess over any other collectible payments; penalties, interest or charges resulting insurance. from overdue payments; additional mileage charges; excess wear and tear charges; lease 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE termination fees; security deposits not returned by If hired "autos" are covered "autos" for Liability the lessor; costs for extended warranties, credit Coverage and if Comprehensive, Specified life Insurance, health, accident or disability Causes of Loss, or Collision coverages are insurance purchased with the loan or lease; and provided under this Coverage Form for any "auto" carry-over balances from previous loans or you own, then the Physical Damage Coverages leases. provided are extended to "autos" you hire or g, AIRBAG COVERAGE borrow, subject to the following limit. Under Paragraph B. EXCLUSIONS - of SECTION The most we will pay for "loss" to any hired "auto" III - PHYSICAL DAMAGE COVERAGE, the is: following is added: (1) $100,000; The exclusion relating to mechanical breakdown (2) The actual cash value of the damaged or does not apply to the accidental discharge of an stolen property at the time of the "loss"; or airbag. (3) The cost of repairing or replacing the 9. ELECTRONIC EQUIPMENT - BROADENED damaged or stolen property, COVERAGE whichever is smallest, minus a deductible. The a. The exceptions to Paragraphs BA - deductible will be equal to the largest deductible EXCLUSIONS - of SECTION III - PHYSICAL applicable to any owned "auto" for that coverage. DAMAGE COVERAGE are replaced by the No deductible applies to "loss" caused by fire or following: lightning. Hired Auto Physical Damage coverage Exclusions 4.c. and 4.d. do not apply to is excess over any other collectible insurance. equipment designed to be operated solely by Subject to the above limit, deductible and excess use of the power from the "auto's" electrical provisions, we will provide coverage equal to the broadest coverage applicable to any covered system that, at the time of"loss", is: "auto" you own. (1) Permanently installed in or upon the We will also cover loss of use of the hired "auto" if covered "auto"; it results from an "accident", you are legally liable (2) Removable from a housing unit which is and the lessor incurs an actual financial loss, permanently installed in or upon the subject to a maximum of$1000 per"accident". covered "auto"; This extension of coverage does not apply to any (3) An integral part of the same unit housing "auto" you hire or borrow from any of your any electronic equipment described in "employees", partners (if you are a partnership), Paragraphs (1) and (2) above; or members (if you are a limited liability company), (4) Necessary for the normal operation of the or members of their households. covered "auto" or the monitoring of the 6. PHYSICAL DAMAGE - ADDITIONAL covered "auto's" operating system. TEMPORARY TRANSPORTATION EXPENSE b. Section III, Physical Damage Coverage, Limit COVERAGE of Insurance, Paragraph C.2. is amended to Paragraph AA.a. of SECTION III - PHYSICAL add the following: DAMAGE COVERAGE is amended to provide a $1,500 is the most we will pay for "loss" in limit of $50 per day and a maximum limit of any one "accident" to all electronic equipment $1,000. (other than equipment designed solely for the 7. LOAN/LEASE GAP COVERAGE reproduction of sound, and accessories used Under SECTION III - PHYSICAL DAMAGE with such equipment) that reproduces, receives or transmits audio, visual or data COVERAGE, in the event of a total "loss" to a signals which, at the time of"loss", is: covered "auto", we will pay your additional legal Form HA 99 16 12 21 Page 3 of 5 (1) Permanently installed in or upon the (2) A partner, if you are a partnership; covered "auto" in a housing, opening or (3) A member, if you are a limited liability other location that is not normally used by company; or the "auto" manufacturer for the installation of such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently installed you are a corporation. housing unit as described in Paragraph 14. UNINTENTIONAL FAILURE TO DISCLOSE 2.a. above or is an integral part of that HAZARDS equipment; or If you unintentionally fail to disclose any hazards (3) An integral part of such equipment. existing at the inception date of your policy, we c. For each covered "auto", should loss be will not deny coverage under this Coverage Form limited to electronic equipment only, our because of such failure. obligation to pay for, repair, return or replace 15. HIRED AUTO - COVERAGE TERRITORY damaged or stolen electronic equipment will SECTION IV, BUSINESS AUTO CONDITIONS, be reduced by the applicable deductible PARAGRAPH B. GENERAL CONDITIONS, 7. - shown in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY - is deductible is less. added to include the following: 10. EXTRA EXPENSE - BROADENED COVERAGE (6) For short-term hired "autos", the coverage Under Paragraph A. - COVERAGE - of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto" to you. "bodily injury' or "property damage" is 11. GLASS REPAIR -WAIVER OF DEDUCTIBLE determined in a "suit," the "suit" is brought in the United States of America, the territories Under Paragraph D. - DEDUCTIBLE - of and possessions of the United States of SECTION III - PHYSICAL DAMAGE COVERAGE, America, Puerto Rico or Canada or in a the following is added: settlement we agree to. No deductible applies to glass damage if the glass 16. WAIVER OF SUBROGATION is repaired rather than replaced. Paragraph 5. TRANSFER OF RIGHTS OF 12. TWO OR MORE DEDUCTIBLES RECOVERY AGAINST OTHERS TO US - of Under Paragraph D. - DEDUCTIBLE - of SECTION IV - BUSINESS AUTO CONDITIONS SECTION III - PHYSICAL DAMAGE COVERAGE, A. Loss Conditions is amended by adding the the following is added: following: If another Hartford Financial Services Group, Inc. We waive any right of recovery we may have company policy or coverage form that is not an against any person or organization with whom you automobile policy or coverage form applies to the have a written contract that requires such waiver same "accident", the following applies: because of payments we make for damages (1) If the deductible under this Business Auto under this Coverage Form. Coverage Form is the smaller (or smallest) 17. RESULTANT MENTAL ANGUISH COVERAGE deductible, it will be waived; The definition of "bodily injury" in SECTION V- (2) If the deductible under this Business Auto DEFINITIONS, C. is replaced by the following: Coverage Form is not the smaller (or "Bodily injury" means bodily injury, sickness or smallest) deductible, it will be reduced by the disease sustained by any person, including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible. these. 13. AMENDED DUTIES IN THE EVENT OF 18. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS Paragraph 2. of the COMMON POLICY The requirement in LOSS CONDITIONS 2.a. - CONDITIONS - CANCELLATION - applies except DUTIES IN THE EVENT OF ACCIDENT, CLAIM, as follows: SUIT OR LOSS - of SECTION IV - BUSINESS If we cancel for any reason other than AUTO CONDITIONS that you must notify us of an nonpayment of premium, we will mail or deliver to "accident" applies only when the "accident" is the first Named Insured written notice of known to: cancellation at least 60 days before the effective (1) You, if you are an individual; date of cancellation. Page 4 of 5 Form HA 99 16 12 21 19. HYBRID, ELECTRIC, OR NATURAL GAS b. A "hybrid" auto is defined as an auto with an VEHICLE PAYMENT COVERAGE internal combustion engine and one or more In the event of a total loss to a "non-hybrid" auto electric motors; and that uses the internal for which Comprehensive, Specified Causes of combustion engine and one or more electric Loss, or Collision coverages are provided under motors to move the auto, or the internal this Coverage Form, then such Physical Damage combustion engine to charge one or more Coverages are amended as follows: electric motors, which move the auto. a. If the auto is replaced with a "hybrid" auto or 20. VEHICLE WRAP COVERAGE an auto powered solely by electricity or In the event of a total loss to an "auto" for which natural gas, we will pay an additional 10%, to Comprehensive, Specified Causes of Loss, or a maximum of $2,500, of the "non-hybrid" Collision coverages are provided under this auto's actual cash value or replacement cost, Coverage Form, then such Physical Damage whichever is less, Coverages are amended to add the following: b. The auto must be replaced and a copy of a In addition to the actual cash value of the "auto", bill of sale or new lease agreement received we will pay up to $1,000 for vinyl vehicle wraps by us within 60 calendar days of the date of which are displayed on the covered "auto" at the "loss," time of total loss. Regardless of the number of c. Regardless of the number of autos deemed a autos deemed a total loss, the most we will pay total loss, the most we will pay under this under this Vehicle Wrap Coverage provision for Hybrid, Electric, or Natural Gas Vehicle any one "loss" is $5,000. For purposes of this Payment Coverage provision for any one coverage provision, signs or other graphics "loss" is $10,000. painted or magnetically affixed to the vehicle are For the purposes of the coverage provision, not considered vehicle wraps. a. A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. Form HA 99 16 12 21 Page 5 of 5 R THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57WEOK8HOZ Endorsement Number: Effective Date:09/01/2025 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: MNS Engineers, Inc. 201 N. Calle Cesar Chavez, Suite 300 Santa Barbara, CA 93103 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 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date:09/01/2026 72SBWBM2X4V THE HARTFORD BUSINESS LIABILITY COVERAGE FORM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation, whichever is earlier. The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical Expenses Definitions. A. COVERAGES 1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury", "property damage" or "personal and advertising injury"to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" or offense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section D. Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or"property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or"property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or"property damage"to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or Form SL 00 00 10 18 Page 1 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of"bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Medical Expenses Insuring Agreement a. We will pay medical expenses as described below for"bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. Coverage Extension -Supplementary Payments a. We will pay, with respect to any claim we investigate or settle, or any"suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds, whether the collateralization is characterized as premium or not. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. (5) All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Form SL 00 00 10 18 Page 2 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under(1) through (7) above will not reduce the Limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the"suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". Form SL 00 00 10 18 Page 3 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD b. Contractual Liability (1) "Bodily injury" or"property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or (b) "Bodily injury" or"property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of"bodily injury"or"property damage" provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same"insured contract"; and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or"property damage"for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; (3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or (4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury" or"property damage" involved that which is described in Paragraph (1), (2), (3) or(4) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee"of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that"employee" as a consequence of(1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. Form SL 00 00 10 18 Page 4 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or"property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of"mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or"property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Form SL 00 00 10 18 Page 5 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or"suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Exclusion g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This Exclusion g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft'), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This Exclusion g.(2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (i) Less than 51 feet long; and (ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d) Liability assumed under any "insured contract' for the ownership, maintenance or use of aircraft (other than "unmanned aircraft') or watercraft; (e) "Bodily injury" or"property damage" arising out of: (i) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of"mobile equipment'; or (ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or (f) An aircraft (other than "unmanned aircraft') that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or"property damage" arising out of: (1) The transportation of "mobile equipment' by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment' in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. Form SL 00 00 10 18 Page 6 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD i. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10)Pharmaceutical services including but not limited to: (a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers; (11)Computer consulting, design or programming services, including web site design. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages. k. Damage To Property "Property damage"to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Form SL 00 00 10 18 Page 7 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". I. Damage To Your Product "Property damage"to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage"to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or"your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to"your product" or"your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Form SL 00 00 10 18 Page 8 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your"advertisement"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your"advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of: (a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or (b) Any injury or damage alleged in any claim or"suit"that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or"suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (i) Infringement, in your"advertisement", of: a. Copyright; b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or c. Title of any literary or artistic work; or (ii) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". Paragraph (7)(b)ii above shall not apply to claims or "suits" alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of"personal and advertising injury" in Section F. Liability And Medical Expenses Definitions. For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12)Arising out of: (a) Advertising content for others on your web site; (b) Placing a link to a web site of others on your web site; Form SL 00 00 10 18 Page 9 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (i) Your web site; or (ii) The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law; (14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information; or (16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to: (a) Infringement, in your"advertisement", of: (i) Copyright; (ii) Slogan; or (iii) Title of any literary or artistic work; or (b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". q. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability (1) Damages because of"bodily injury" or"property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or(2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". r. Employment-Related Practices "Bodily injury" or"personal and advertising injury"to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or Form SL 00 00 10 18 Page 10 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of"bodily injury" or"personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or(c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages,judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or "suit" alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the"asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or"suit" for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You— Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 2. Applicable To Medical Expenses Coverage We will not pay expenses for"bodily injury": a. Any Insured To any insured, except"volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Form SL 00 00 10 18 Page 11 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products-Completed Operations Hazard Included with the "products-completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or"volunteer workers" are insureds for: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage"to property: Form SL 00 00 10 18 Page 12 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (a) Owned, occupied or used by: (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or"property damage"that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator Of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: Form SL 00 00 10 18 Page 13 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must: (1) Immediately record the specifics of the claim or"suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or"suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or"suit" is known to: Form SL 00 00 10 18 Page 15 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any"executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or"suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Form SL 00 00 10 18 Page 16 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) 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. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Form SL 00 00 10 18 Page 17 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include"mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication. provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of "electronic data", means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of"your product" or"your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Form SL 00 00 10 18 Page 19 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or"auto"; or c. While it is being moved from an aircraft, watercraft or"auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or"auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: Form SL 00 00 10 18 Page 20 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your"advertisement", a person's or organization's "advertising idea" or style of"advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your"advertisement". 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products-completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of"your product" or"your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of"your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or"property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of"occurrence"that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of"bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Form SL 00 00 10 18 Page 21 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Unmanned aircraft" means an aircraft that is not: a. Designed; b. Manufactured; or c. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. 24. "Volunteer worker" means a person who: a. Is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your work"; and (2) The providing of or failure to provide warnings or instructions. Form SL 00 00 10 18 Page 22 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission)