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RINCON CONSULTANTS, INC. (8)
INSURANCE ON FILE A-2024-074 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 2 -► - 2-5 CITY CLERK DATE. 6tiot21 JUN 1 7 'L02k AGREEMENT+TENT FOR ON-CALL ENVIRONMENTAL REVIEW SERVICES 0: C DF1 C6) El. FOR HOUSING DIVISION BETWEEN RINCON CONSULTANTS,INC. (,D.Flo re S) AND Crry OF SANTA ANA THIS AGREEMENT is made and entered into on this lit day of July,2024 by and between Rineon Consultants, Imo., ("Consultant"), and the City of Santa Ana, a chapter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( City"). • CITAIS A. On.March 11,2024,the City issued Request for Proposal No.24-038A("REP"),by which it sought environmental documentation and environmental review services for the Housing Division on an as-needed or on-call basis, The RFP shall be incorporated by reference as though attached hereto in full. B. Consultant submitted a timely and responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide services to the City described in.the scope of work that was included in the RIP,which shall be incorporated by reference as though attached hereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE,in consideration of the mutual and respective promises,and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, ronaterials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in City's RFP, and Consultant's proposal, and collectively detailed in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant shall comply with all Federal requirements detailed in the City's RFP (Exhibit III),also attached hereto as Exhibit I3. 2. COMPENSATION a, City agrees to pay,and Consultant agrees to accept as total payment for its services for City,the rates and charges identified in Compensation w Exhibit C. The total amount to be expended shall not exceed$100,000 per year,for a total amount not to exceed $500,000 during the term of this Agreement including any extensions. Page 1 of 9 #392648v1 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. City and Consultant agree that all payments due and owing under this Agreement shalt be made through Automated Clearing Rouse(ACH)transfers, Consultant agrees to execute the City's standard Act Vendor Payment Authorization and provide required documentation. Upon verification of the data provided,the City will be authorized to deposit payments directly into Consultant's account(p) with tManolat institutions. Payment used not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall.commetwe on the date first written above for a three(3)veay term with the option for the City to grant up to a two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Seedon 15, below. 4. ItNDEPDNbENT CONTRACTOR Consultant shall, during the entire ten of this Agreement, be construed to be an Independent Consultant and not an employee ofthe 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 hi 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 Mating to employees and shall be responsible for all applicable withholding taxes. S. oWNEREBLIP 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, physioal drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement("Documents&Data"). Consultant shall require all subcontractors to agree in writing that City is grated a non-exclusive and perpetual license for any Documents &Data the subcontractor prepares under this Agreement, Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data, Consultant makes no such representation and warranty in regard to Documents &Data which were 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 tisk, #392648v1 Page 2 of 9 6. INSURANCE Prior to underrating performance of work under this Agreement,Consultant shall maintain and shalt require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City.Total cost of such Insurance shall be borne by Consultant. MINI(M[7M SCOPE OF INSURANCE Coveiuge shall be at least as broad us: 1. Commercial General Liability (Ca): Insurance Services Office Form CO 00 01 covering COL on as"occurrence" basis, including products and completed operations, property damage,bodily Sy and personal&advertising injury with limits no less than $2,000,000 per occurrence and$4,000,000 aggregate.Requhed policy limits can be met with primacy andutnbrella/excess Insurance policies. 2.Automobile Liability:ISO Form Number CA 00 01 covering any auto(Code 1)with limit no less than$1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance. 3.Workers'Compensation:as required by the State ofCalifornia,with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy Or employee,for bodily injury or disease.Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability (Errors and Omissions): Insurance appropriate to .the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimum requhements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage andlor higher limits maintained by the Consultant,Any available insurance proceeds in excess of the specified minimum Emits of insurance and coverage shall be available to the City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City,its City Council,its officers,officials,employees,agents,and volunteers are to be covered as additional insureds,under Consultant's COL,Professional Liability,and Automobile Liability policies,with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials,parts, equipment,and personnel furnished in connection with such work or operations. 2, Consultant's Insurance company(ies)agrees to waive all rights of subrogation against City,its City Council,its officers,officials,employees,agents,and volunteers for losses #392648v1 Page 3 of 9 paidunder the term of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims relatedto this contract,Consultant's insurance coverage shall be primary and any insurance maintained by City,its City Council,its officers,officials,employees, agents,or volunteers Shallrlot contribute with it. 4. A severability of interest provision must apply for all the additional insureds,ensuring that Consultant's'insurance shall apply sepurately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability, 5. Insurance policies required herein shall provide that coverage shall not be canceled* suspended,voided,reduced in coverage or In limits,non-renewed by the carrier,or materially changed except Set thirty(30)days prior written notice has been given to City.Ten(10)days prior written notice shauba provided to City fir policy cancellation or non-renewal due to non-payment ofpremium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: Cityof Santa Ana, Attention: Executive Director,Community Development Agency,20 Civic Center Plaza M-2S,P.O..Box 1988,Santa Ma,CA 92701.The name and location of project must be included in the Description of Operations section of eaoh certificate. Se(f tInsunt4 Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase towage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and defense expanses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California • with a current A,M.Best's rating of no less than A:VII,unless otherwise acceptable to the City. Verification of avenge Consultant shall iitmish the City with original certificates and amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements berme work begins.However, failure to obtain the requited documents prior to the work beginning shall not waive the Consultant's obligation to provide them,The City reserves the rightto require complete, certified copies of ail requiteid insurance policies, including endorsements required by these specifications,at any time. Special Risks or Circumstances City reserves the right to modify these requirements,including limits,based on the nature of the tisk,prior experience,insurer,coverage,or other special circumstances. 7, INDENIVIFICAUON Consultant egrets to defend,and shall indemnify and hold harmless the City,its officers, agents,employees,contractors,special counsel,and representatives from liability;(1)for personal h*Jury,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 #392648v1 Page4 0£9 negligent operations of the Consultant, Its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 otitis Agreement;and(2) from any claim that personal may, damages,just compensation,restitution,judioial or equitable relief is due by reason of the terms of or effects arising from this Agreement.This indemnity and bold 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 coats tit 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, of asserting that personal itijruy, damages, Just compensation,restitution,judicial or equitable'relief due to personal or property rights arises by reason of the terms ei; or effects arising from tbia Agreement. City may make all reasonable decisions with respeotto its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are sullied to Civil Code Section 2782.8,the above indemnity shall be limited,to the extent required by Civil Code Section 2782.8,to claims that arise out of, pertain to,or relate to the negligence,recklessness,or wind misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemmify the City, its officers,agents,representatives, and employees against any and all liability. including costs,for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained In the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and Invoices in connection with the work to be pertbrmed under this Agreement. Consultant shall maintain Complete and amulets reoords with respect to the costs incurred under ibis Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three(3)years,or for any longer period required by law,from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly, Identifiable. Consultant shall allow a representative of the City to examine, audit,and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work,data,documents,proceedings,and activities related to this Agreement for a period of three (3)years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary,Consultant agrees that it shall not use or disclose suoh information except in the performance of this Agreement, and Farther agrees to oxereise the same degree of care ft uses to protect its own information of lib 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 #392648v1 Page of S • in£ormaticn disclosed to either party by any subsidiary t ud/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 sourpas;(b)is,through no fruit of the Consultant disclosed in a publicly available source; (a)is in riglriiitl possession of the Consultant without an obit r lion of confidentiality;(d)is required to be disclosed by operation of law;or(e) lP independently developed by the Consultant without reference to information disclosed by the City. 11.. CONF'LICT OF INTEREST CI,AC.ISpu Consultant covenants that it presently hes no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of rave,color,arced,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 thetrtt is an equal opportunity employer and shall comply with all applicable federal,state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant,and supersedes any and all other agreements,oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall,prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in additionto,the terms and conditions hereof,shall not bind or obligate Consultant or the City.Bach 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign,transfer,delegate,or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer,delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. #392648v1 Page 6 of 9 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination,subject to the following conditions: a, As a condition of such payment,the Executive Director may require Consultant to deliver to the City all woricproduct(s)completed as of such date,and in such case mph 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 tails to meet the standard of performance specified In the Recitals of this Agreement. 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 patty waiving the broach,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.spoolfres. • 17. 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 fluffier agree that Orange County,California,shall be the venue for any action or proceeding that maybe brought or arise out of in connection with or by reason of this Agreement. 18. 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 Skates,the State of California,the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately end 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. 19. 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 • #392648v1 Page 7 of 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: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana, CA 92702-1988 Fax:714-647.6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza(M-25) P.O.Box 1988 Santa Ana,California 92702 To Consultant: Deanna Hansen Vice President Minton Consultants,Inc. 250 East 16f Street,Suite 1400 Los Angeles,CA 90012 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 addtessed as set forth above. If sent by fax,communication shall be effective or deemed to have been given twenty-four(24)hours alter the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends,federal,state,County or City holidays shall be excluded. 20. MISCELLMq;AUS 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. #392648v1 Page 8 of 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA AN --wwmalabk. uhr,10. Jennifer L. ' ail .;, :,,, Alvaro Nunez F 9R City Cler — Acting City Manager APPROVED AS TO FORM: SONIA R.CARVALHO CONSULTANT: City Attorney By ,j Lt6-1 �/ C��c�a �} Th Andrea Garcia-Miller Ne-/ V Assistant City Attorney Title: " / RECOMMENDED FOR APPROVAL: ti Michael L.Garcia Executive Director Community Development Agency #392648v1 Page 9 of 9 EXHIBIT A SCOPE OF SERVICES AC I_-Y CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. A. General Requirements 1. Consultant shall: i. Be an independent contractor capable of providing experienced, knowledgeable and professional staff. ii. Be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. iii. Provide adequate staffing and budget levels at all times and adhere to established schedules. iv. Be knowledgeable of and comply with federal, state and local regulations, including but not limited to the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and the Santa Ana Municipal Code. v. Provide environmental services under the direction of City staff. vi. Participate in community meetings, public presentations and outreach, as needed based on each activity/task. vii. Prepare all notices, submit filings, conduct scoping meetings, attend City staff meetings, assist staff in preparing staff reports, findings, approvals, presentations, and any other related activities. viii. Have provide electronic copies of all documents as well as physical copies if requested. B. Environmental Noticing Documents & Technical Reports 1. Consultants shall demonstrate expertise in the preparation of environmental noticing documents and the preparation of technical reports as required by CEQA and NEPA including but not limited to: i. Phase I and Phase II Environmental Site Assessments ii. Environmental Impact Statements (EIS) iii. Environmental Impact Reports (EIRs) iv. Environmental Assessments and Compliance Findings - 24 CFR Part 580 v. Environmental Reviews for Categorically Excluded Activities/Projects - Section 58.5 vi. Lead Risk Surveys vii. Lead and Asbestos Testing, Monitoring and Clearances viii. Soils Testing ix. Mold Testing x. Sewage & Bacterial Surveys xi. Fire, Smoke, and Soot Hazards xii. Remedial Actions xiii. Groundwater Monitoring xiv. Health Risk Assessments CITY OF SANTA ANA xv. Air Quality/Greenhouse Gas Emissions Modeling xvi. Biological Resources Studies xvii. Noise Attenuation/Acoustical Evaluations xviii. Hydrological Studies xix. Cultural Resources Studies xx. Peer Reviews xxi. Initial Study xxii. Categorical Exemption (CE) xxiii. Notice of Exemption (NOE) xxiv. Negative Declaration (ND) xxv. Mitigated Negative Declaration xxvi. Initial Document xxvii. Addendum xxviii. Supplemental xxix. Subsequent xxx. Programmatic xxxi. Notice of Preparation xxxii. Notice of Completion (NOC) xxxiii. Notice of Availability (NOA) xxxiv. Notice of Determination (NOD) xxxv. Notice of Intent(NOI) xxxvi. Finding of No Significant Impact(FONSI) xxxvii. Preliminary Environmental Study Form (PES) xxxviii. Preliminary Environmental Analysis Report(PEAR) xxxix. HUD Environmental Review Online System (HEROS) xl. Any other appropriate accompanying technical studies or reports Services Provided and Implementation Schedule/Proposed Work Plan C. Services Provided and Implementation Schedule/Proposed Work Plan Overall Approach At Rincon,we take a solution-oriented approach to the environmental review process that focuses on resolving problems.This is accomplished in a variety of ways,including: • Effectively engaging stakeholder groups and the public • Participating in the City's development review process • Developing familiarity with the City's various development codes and unique approaches to CEQA and NEPA • Conducting efficient kickoff meetings that identify potential issues or critical data needs for early discussion • Supplying staff with the capabilities to provide both environmental and planning support services • Developing effective mitigation measures for identified impacts • Devising alternatives that respond to environmental conditions and good planning principles Rincon project managers and analysts are skilled at assisting agencies in not only meeting the legal requirements of the CEQA and NEPA processes, but also in ensuring a project is consistent with the City's ordinances, codes, Santa Ana General Plan, and the Central/Downtown Santa Ana Complete Streets Plans; regional planning documents including the Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS); and the relevant standards of other local, State, or federal agencies (e.g.John Wayne Airport, County of Orange, California Department of Transportation [Caltrans] District 12, California Department of Fish and Wildlife [CDFW] South Coast Region, Regional Water Quality Control Board [RWQCB] Region 8, State Water Resources Control Board [SWRCB], United States Army Corp of Engineers [USACE] Los Angeles District, and United States Department of Housing and Urban Development[HUD] Region IX). At Rincon,we understand the need to become an extension of City staff in conducting the environmental review process. We will provide the City with regular progress reports on work status, as well as the budget. Our teamwork approach will ensure that the City has direct access to strong technical expertise, and our local experience helps to ensure understanding of community issues and local political concerns. Our firm has successfully prepared hundreds of CEQA and NEPA documents for agencies throughout California, including the City of Santa Ana.We can assist the City with preparation and processing of environmental review documents including the following: • NEPA compliance documents(Categorical Exclusion [Subject/Not Subject to Section 58.5], EA/FONSI, EIS • HUD Environmental Review Online System(HEROS) • Initial Study(IS)addressing all the environmental impact categories listed on the City's IS checklist • Required CEQA notices (Notice of Preparation [NOP], Notice of Intent [N01], Notice of Availability [NOA], Notice of Completion [NOC], Notice of Determination [NOD],Notice of Exemption [NOE]) • Categorical Exemption,Affordable Housing Exemption,Sustainable Communities Project Exemption(SCPE) • IS-ND, IS-MND, MND Addendum • Sustainable Communities Environmental Assessment(SCEA) • Draft and Final EIR(Project, Program, Focused, Master,Staged) • EIR Addendum,Supplemental EIR,Subsequent EIR • Infill Streamlining under Appendices M and N of the CEQA Guidelines • MMRP, Response to Comments,Statement of Overriding Considerations,CEQA Findings • Statutory Worksheets Rincon Consultants, Inc. 3 City of Santa Ana On-call Environmental Review Services for Housing Division Our work products will meet the requirements of the CEQA Guidelines, City-specific thresholds of significance, State and local planning and zoning law, NEPA, and the National Historic Preservation Act.Vanessa Villanueva, as Project Manager, and Deanna Hansen, as Principal-in-Charge, have been involved in numerous projects in the City of Santa Ana from inception to implementation; making our Rincon team exceptionally qualified to prepare environmental review documents for your development projects expeditiously and efficiently. Preparing CEQA and NEPA documentation commonly involves reviewing documents,attending meetings with the lead agency and project applicant, interacting with regulatory agencies, preparing reports, and attending public meetings and hearings. For the CEQA process,this task typically starts with a review of the CEQA Guidelines to assess whether a project is exempt from more detailed environmental review.Categorical Exemptions are well defined in the CEQA Guidelines and include the categories of projects that would not likely result in significant environmental effects (e.g., repairs or replacements of existing facilities, infill development). In non-exempt cases, we would complete an IS checklist to determine the appropriate environmental clearance document under CEQA. For projects where all impacts can clearly be mitigated and where there is not a strong base of public controversy,an ND or MND is prepared.For projects that may result in a significant environmental impact, an EIR is typically the appropriate CEQA document.When an EIR is required,we utilize the IS and scoping process to focus the document on impacts that can potentially result in significant impacts.For NEPA,appropriate federal agency consultation will be required. Documentation may involve Categorical Exclusions (Subject to or Not Subject to Section 58.5), EAs,or EISs. In some cases,CEQA and NEPA apply to a project,and a joint CEQA/NEPA document may be appropriate. In other cases, federal lead agencies prefer to process final review documentation after the CEQA environmental review is finalized. In addition to assisting our clients, including the City of Santa Ana, with the CEQA/NEPA processes, our environmental planning group has regularly prepared a broad range of technical studies (e.g., quality, biology, cultural resources,greenhouse gas[GHG]emissions,hazards,noise)to help design teams develop projects that avoid or minimize significant environmental effects. Moreover, as described in "Technical Studies" in our proposal, our team members have prepared many of these studies in the Orange County area, and therefore, we are highly familiar with both local and broader agency requirements.Our environmental planning team also supports developing and implementing MMRPs, including biological monitoring, revegetation and habitat restoration,or archaeological monitoring,which may be required through the environmental planning process. The scope of work for any environmental document or specialized technical study will depend upon the nature of the project being analyzed and will vary from project to project.We have assumed that most documentation will involve NEPA review,a lesser number will involve CEQA review, and that a range of specialized studies will also be requested.The following briefly describes our approach to preparing typical CEQA/NEPA documents. Approach to CEQA Document Preparation Upon receiving an inquiry from the City on a particular project, an early step will be determining what level of CEQA review will be required. Rincon's Project Manager, Vanessa Villanueva, will obtain a detailed project description from the City staff members and consider the location, scale, and implementation timeframe. Preliminary site research will be conducted, and CEQA Guidelines for all technical studies and environmental documentation will be consulted.We are familiar with the City's certified program-level EIRs,such as the 2010 EIR for the Transit Zoning Code, which can be used for streamlining options, such as addenda or compliance under Section 15183 of the CEQA Guidelines. Notably, Rincon has previously used the 2010 EIR for the Transit Zoning Code to complete two separate EIR addendums for the First American Mixed-Use Project and 4th and Mortimer Project between 2019 and 2021.As such,under this contract,we will consider all streamlining options during our preliminary review of each project. For projects that cannot be streamlined, the following are the typical procedures for an IS-MND and EIR. For tasks involving City review, Rincon estimates a period of 15 days for the City to complete a round of review. IS-MND Process • Task 1 - Kickoff Meeting.A kickoff meeting will typically be held with one week of notice-to-proceed with City staff to confirm study objectives and approaches,communication protocol,and schedule. • Task 2 - Project Description.The project description will be submitted within approximately two weeks of the kickoff meeting and receipt of information regarding the project. • Task 3 -Administrative Draft IS-MND.The Administrative Draft IS-MND will be typically prepared between four to six weeks,depending on the complexity of the project and technical studies required. 4 Services Provided and implementation Schedule/Proposed Work Plan • Task 4- Public Review Draft IS-MND. Rincon will typically deliver the Public Review Draft IS-MND within one to two weeks of receipt of comments on the Administrative Draft IS-MND.The Public Review Draft EIR will circulate for a period of 20 to 30 days.Rincon will also assist with preparing and filing the NOI, NOC,and Summary Form with the State Clearinghouse(SCH)and the NOI with the County Clerk. • Task 5- Final IS-MND.Rincon will prepare written responses and submit them to staff for review within one to two weeks of receipt of all comments received by close of the public review period. Corrections will be made as necessary, and a final set of responses will be provided to enclose with the Final IS-MND to be considered for approval. The Final IS-MND will typically be provided within one week of receipt of all City comments regarding the responses,The Final IS-MND will be in the form of a single document that includes the Draft IS-MND,mitigation measures and MMRP as well as all agency and public comments and responses to comments. If desired,we can also prepare CEQA findings for the project in conjunction with the Final IS- MND. Once the Final IS-MND is approved,and within five days of said approval, Rincon will assist with the preparation and filing of the NOD and filing fees with the SCH and County Clerk. EIR Process • Task 1- Kickoff Meeting,A kickoff meeting will typically be held within two weeks of the notice-to-proceed with City staff to confirm study objectives and approaches,communication protocol,and schedule. • Task 2-EIR Project Description. Rincon will prepare a description of the project being analyzed,including its site and existing conditions, project characteristics relevant to the EIR analysis, project objectives,and required discretionary approvals.This typically includes textual,tabular,and graphic presentation. • Task 3-IS-NOP.Rincon will prepare an IS checklist with supporting discussion,typically within four weeks. The IS will cover all Items on the City's environmental checklist and will include facts and analysis to support all conclusions.Upon City approval of the IS,we will circulate the IS and NOP of a Draft EIR for public review. • Task 4- EIR Seeping Meeting.If required,a seeping meeting will be held during the 30-day NOP period to introduce the community to the proposed project and obtain input on the EIR scope of work(note:scoping meetings are required only for"regionally significant" projects). • Task 5-Administrative Draft EIR.Rincon will prepare an Administrative Draft ElR within six to eight weeks of release of the NOP.The EIR will Include the following o Executive Summary.Summary of the proposed project and associated environmental consequences presented in tabular format to simplify review by decision-makers and the public. o Introduction and Environmental Setting. Introductory sections (required by CEQA) that lay the groundwork for and summarize the substantive analysis to follow; the introduction describes the purpose and legal authority of the study, and provide a discussion of lead, responsible and trustee agencies;and the environmental setting provides a general description of the existing urban geographic character of the city and the site vicinity. o Environmental Impact Analysis.Analysis of impacts determined in the IS to be potentially significant; includes four main components: - Setting. Description of current conditions with respect to the issue in question, including the existing regulatory environment. - Impact Analysis. Discussion of potentially significant effects of the proposed project, Impacts are typically compared to established"thresholds of significance." - Mitigation Measures.Methods by which significant effects can be reduced or eliminated. - Level of Significance after Mitigation. Discussion of whether proposed mitigation measures reduce impacts to below the adopted significance threshold. - Other CEQA-Required Discussions. Ellis also include other discussions required by the CEQA Guidelines, including an analysis of potential growth-inducing Impacts, a listing of significant irreversible changes,and a discussion of areas of public controversy. - Alternatives.See alternatives discussion following"Approach To NEPA Document Preparation." • Task 6 - Draft EIR.Ninon will incorporate City comments and complete the Draft EIR,typically within two to three weeks.The Draft El R will circulate for a period of 30 to 45 days. Rincon will also assist with preparing and filing the NOA,NOC,and Summary Form with the SCH and the NOA with the County Clerk. • Task 7 - Final EIR. Rincon will complete the Final EIR after the receipt of all written comments received during the review period.The Final Elk will consist of the comments,responses,and corrections to the Draft • Rincon Consultants, Inc. 5 City of Santa Ana On-call Environmental Review Services for Housing Division EIR (if any are warranted), and the MMRP. If desired and required,we will also prepare CEQA Findings and a Statement of Overriding Consideration for the project. o Response to Comments.Within two to three weeks of receipt of all comment letters on the Draft EIR, Rincon will submit draft Response to Comments. Within one week of receipt of City comments on the draft report, Rincon will prepare the final Response to Comments. o MMRP.Concurrent with the Responses to Comments report, Rincon will prepare an MMRP, which will be included in the Final EIR. o NOD. Within five days of EIR certification and project approval (if any), Rincon will assist with the preparation and filing of the NOD with the County Clerk and SCH along with the filing fee(to be paid by the project applicant). Approach to NEPA Document Preparation Upon receiving an inquiry from the City on a particular project with federal agency involvement,an early step will be determining what level of NEPA review will be required.Rincon's project manager will obtain a detailed project description from the City staff members and consider the location, scale, and implementation timeframe. Preliminary research on the site will be conducted, and existing technical studies and environmental documentation will be consulted. The following are typical procedures for an EA/FONSI and EIS. For tasks involving City review, Rincon estimates a period of 15 days for the City to complete a round of review. EA/FONSI Process • Task 1- Kickoff Meeting.Similar to IS-MND process. • Task 2 -Administrative Draft EA/FONSI.The Administrative Draft EA/FONSI will be provided within six to eight weeks of receipt of notice to proceed and approval of the project description. • Task 3 - Public Review Draft EA/FONSI. Rincon will deliver the Public Review Draft EA/FONSI within one to two weeks of receipt of City comments on the Administrative Draft EA/FONSI. • Task 4 - Final EA/FONSI. Rincon will prepare written responses and submit them to City staff for review within seven days of receipt of all comments received after the closing of the public review period.The Final EA/FONSI will be provided within one week of receipt of all comments regarding the responses. EIS Process • Task 1- NOI and Scoping Process.Similar to EIR process. • Task 2 -Scoping Meeting.Similar to EIR process. • Task 3-Description of Project Alternatives.Similar to EIR process,except all potential alternatives will be described in an equal level of detail,as required by NEPA. • Task 4-Administrative Draft EIS.Similar to EIR process except all potential alternatives will be analyzed at an equal level of detail,as required by NEPA. • Task 5- Draft EIS.Similar to EIR process. • Task 6 - Final EIS o Responses to Comments/Preliminary Final EIS.Similar to EIR process. o Final EIS Publication. NEPA requires a 30-day review period for a Final EIS. The EIS will need to be made available for an additional 30-day review period following its publication. • Task 7-Record of Decision(ROD).The ROD will be issued no sooner than 30 days after the approved Final EIS is distributed or 90 days after the Draft EIS is circulated. We also have experience preparing Categorical Exclusions for capital improvement projects and small residential projects. Categorical Exclusions we have prepared for the City have typically consisted of street improvements (e.g.,sidewalk replacements,ADA-curb ramp installations)or other public facility improvements(e.g., parks and libraries).The process and document for a Categorical Exclusion is akin to an abbreviated EA/FONSI,which can be typically completed within six to eight weeks. Historically, the City has managed all NEPA notices; however, Rincon can also assist with the preparation and posting of the Notice of Intent to Request Release of Funds (NOI/RROF)and subsequent RROF. 6 Services Provided and Implementation Schedule/Proposed Work Plan Alternatives For ElRs,EAs,and EISs,a reasonable range of alternatives will be identified during the study in concert with City staff. For ElRs, evaluating alternatives will typically be in less detail than that for the proposed project. However, the analysis will give decision-makers and the public adequate information to decide between alternatives.This section will also identify the "environmentally superior alternative." If the "no project- no building" alternative is deemed environmentally superior,the EIR will identify the alternative among the remaining scenarios.As noted above, NEPA requires analysis of each project alternative in an equal level of detail; therefore, all project alternatives will be analyzed in a single"Environmental Consequences"chapter. Public Hearings/Meetings From Rincon's experience working on many public works development projects and long-range planning programs,we understand the need to effectively engage the public in the planning and environmental analysis process.Communication with the stakeholders will ensure the success of most large-scale EIRs and EISs.Rincon will prepare materials for, attend, and participate, as needed, in all major public meetings, including public workshops,open houses,and public hearings leading up to certification of the EIRs. Although Rincon typically assists with filing notices with the County Clerk and SCH,assistance with other activities associated with document circulation (e.g., newspaper noticing, radius mailing) may also be part of Rincon's scope of work depending on the City's preference. For current NEPA projects under our on-call with the City of Santa Ana, we have not yet submitted projects through the HUD online portal HEROS. However, our team has utilized the HEROS platform to assist other Responsible Entities, including Ventura County, and will be able to guide the City through these requirements and execute this task as a Partner User for City staff when necessary. Technical Studies In addition to assisting our clients with the CEQA and NEPA processes,our staff are skilled in the preparation of a broad range of technical studies, including air quality, aesthetics, biological resources (wetland delineation, special status species analysis), cultural resources, GHG emissions, health risk assessments, hydrological studies,environmental site assessments(ESAs),noise,site remediation, and water supply assessments.Often, these studies are performed before finalizing a proposed project to assist project design teams in developing a project that avoids or minimizes significant environmental effects during the design phase.These studies have included simple special-status species surveys used in site selection and feasibility,and more detailed protocol level surveys to meet specific ordinance and permitting agency requirements(Caltrans, RWQCB, USACE,CDFW, etc.). Our environmental team also supports our clients with developing and implementing MMRPs, including biological monitoring,revegetation and habitat restoration,or archaeological monitoring,which may be required through the environmental planning process. Rincon has extensive experience preparing the various types of technical reports that the City might require under a contract for environment and impact analysis. When detailed studies for such issues as transportation/traffic and lead and asbestos testing/ monitoring/abatement are required, we have excellent and long-standing relationships with subconsultants specifically qualified for those reports, including those with extensive regional and local experience, such as Ganddini Group,Inc.(Ganddini Group)with an office in Santa Ana and Aurora Industrial Hygiene(Aurora)with offices in South Pasadena and San Diego. Based on the nature of work anticipated under this contract, Rincon has selected Ganddini Group and Aurora to support future work(included under "Section F.Subconsultants.") However, Rincon has capacity to provide the City information with and add additional subconsultants on an as- needed and project-by-project basis. Of the technical studies conducted by Rincon's in-house professionals and experts,we anticipate that historic compliance review pursuant to NEPA and ESAs would be among the most common standalone studies conducted in support of the anticipated nature of the work under this contract.The following describes Rincon's approach to these specific technical studies. Historic Compliance Review Rincon's Architectural History team has extensive experience working with the City and will provide the appropriate level of historic compliance review. Work efforts will include providing thorough, defensible documentation in support of Section 106 and CEQA compliance, through field surveys, eligibility evaluations, impacts assessments,and the preparation of technical reports. Rincon will also assist the City's Housing Division Rincon Consultants,Inc. 7 City of Santa Am On-call Environmental Review Services for Housing Division in ongoing compliance review and provide input as needed. Our architectural history staff has extensive experience supporting Santa Ana in these efforts and has a long track record of completing successful projects towards this end. Recently, we assisted the City's Housing Division in navigating a particularly delicate tribal consultation process under Section 106 for the Bewley Street Intergenerational Housing Project and,as a result, we are deeply knowledgeable in how to facilitate this process moving forward and assist the City with fostering relationships with consulting tribal and other interested historic groups.We also have a nuanced understanding of historic resources,regulations,and other considerations that guide historic compliance review in the City. Section 106 Review For each project, Rincon will coordinate with the City to determine whether Section 106 review is required. For projects requiring Section 106 review,the following tasks would typically be performed by Rincon: • Coordinate with the City and SHPO as needed to establish the Area of Potential Effects(APE) • Following APE map approval by the State Historic Preservation Officer(SHPO), initiate Section 106 outreach to interested parties and stakeholders; in accordance with 36 CFR 800.4(a)(3), outreach will include the Native American Group contact program and the local historic group/local government contact program • Request a records search of the California Historical Resources Information System from the South Central Coast Information Center to identify any previously recorded cultural resources within the APE • Complete literature review and focused archival research to characterize the construction chronology and historic setting of each of-age property;previous studies and historic context statements will be used to the maximum extent practicable to streamline project schedule and resources • Complete a historic property assessment, according to National Register of Historic Places(NRHP)criteria, for all of-age buildings,structures,sites, and other built environment features within the APE • Document the results of the historic property assessment in a Section 106 report;all properties 50 years of age and older within the APE will be recorded on Department of Parks and Recreation Series 523 forms • For APE properties found NRHP eligible, assess the effect of the proposed undertaking on the historic properties;the report will make one of three findings:"No Effect, No Adverse Effect,or Adverse Effect" • Analyze the proposed undertaking for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties; where project components might not comply with the Secretary's Standards, Rincon will coordinate with the City to make recommendations for feasible project modifications that would eliminate or minimize adverse environmental effects • Incorporate the results of the analysis into the Finding of Effect report completed for the project Based on our previous work with the City, and external experience working with SHPO and HUD on similar projects, Rincon assumes the following regarding the scope of work for historic compliance review: • The APE would be limited to direct effects;should a broader indirect APE be required, cost may be higher should additional properties require assessment and recordation • A maximum of one of-age built environment property will need assessment and recordation; should additional properties require assessment and recordation,the costs may be higher • No more than one NRHP-eligible or designated historic property will require project-level review for Secretary's Standards compliance Environmental Site Assessments Rincon has provided environmental site assessment services for the City for almost 25 years. Phase I Environmental Site Assessment Phase I ESAs are used to determine current and historical site uses,are useful tools to identify the likely presence of contaminants at a site and are recommended to meet due diligence standards for property acquisition.While Phase I ESAs are typically prepared to meet ASTM standards, not all Phase I ESAs provide equal value. Rincon tailors a Phase I ESA to meet client and project specific needs and ensures that the most relevant information is clearly described and easily accessible. 8 Services Provided and Implementation Schedule/Proposed Work Plan For this contract, Rincon will perform Phase I ESAs in accordance with ASTM E1527-13,Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process, but using strategic approaches tailored to meeting the City's needs. Phase I ESAs will be performed by support staff under the supervision or responsible charge of a qualified Environmental Professional as defined in ASTM E1527-13.The scope of work for a Phase I ESAs is detailed in ASTM E1527-13 and consists of the following tasks: • Record Review. A records review will be conducted to help identify potential environmental liabilities associated with current and past uses of the project site. The review will include both environmental information and historical use information readily available in public records and the records maintained by the City, as well as performing a computer database records search in accordance with minimum search distances and required database specified in ASTM E1527-13. Environmental agency file reviews will be conducted for unauthorized release sites that fall within a project site, adjacent properties, or nearby properties that would be expected to impact the site. Applicable historical use information will also be assessed by a review of two or more of the following:Sanborn Fire Insurance maps, city directory listings, USGS topographic maps, aerial photographs, and building permit files. In addition, property tax records, chain of title reports,or lien search reports,will be reviewed, if provided by the City. • Site Reconnaissance. Rincon will coordinate with the City to appropriately access a site and conduct a reconnaissance to identify obvious potential environmental liabilities. Immediately adjacent properties(as accessible)will be visually inspected from public thoroughfares.Site use practices that may have impacted the property will be reviewed(e.g.,storage tanks,drums and containers,chemical/waste storage). • Interviews. In coordination with the City, and upon authorization, Rincon will conduct interviews with site owners, or a designated representative of a site owner,past site owners,and occupants/tenants to obtain additional information regarding past and present site uses as they may have affected the property. • Reports. Rincon will prepare reports in accordance with the requirements of ASTM E1527-13 and will document the information and findings of the research and reconnaissance, include a series of maps identifying existing site and nearby land uses,and provide conclusions regarding the potential presence and impact of environmental site conditions. The Phase I ESA report will be signed by the Environmental Professional and will include the required declaration statement. Phase II Environmental Site Assessment The objective of a Phase II ESA is to evaluate the nature and extent of contamination and to assess the significance of the contamination relative to established threshold levels or some other risk-based criteria.Phase II ESAs will be developed by the Phase II ESA TA Manager in coordination with the project manager, who is a California-licensed Professional Engineer, and the Principal-in-Charge, who is a California-licensed Professional Geologist and Certified Hydrogeologist. We understand that a Phase II ESA project under this contract may involve assessment of soil,groundwater,soil vapor,water pipelines and related infrastructure materials,and/or building materials. Assessment is typically conducted in phases, which may include a preliminary site assessment, one or more subsequent phases of assessment, periodic monitoring, risk assessment, and an evaluation of risk-based cleanup levels. The assessments also involve working within established regulatory agency guidelines for assessment and reporting.That said, Rincon approaches Phase II ESAs holistically;we balance the benefits of a phased approach with the benefits of optimizing data collection during a single mobilization to meet project deadlines.While each project will be scoped,developed,and implemented consistent with the City's needs and relevant site-specific information,our approach to Phase II site investigations will include the following tasks: • Work Plan. After the initial kick-off meeting with the City (and potentially a regulatory oversight agency, if applicable),Rincon will develop a work scope to achieve the established assessment goals.A work plan will be prepared that details project objectives;site history and background;regulatory framework;pre-field work tasks(e.g.,permitting,notifications,utility clearance);site assessment tasks;methodology and procedures; laboratory analysis;quality assurance/quality control; reporting;and project schedule. • Health and Safety Plan. Prior to commencement of an assessment, a site-specific health and safety plan (HSP)will be prepared. For complicated sites or site with high levels of contamination,an additional review may be performed by Rincon's Health and Safety Officer pending site conditions.A site safety meeting will be held whereby all field personnel will be informed of possible site conditions and provided with a copy of the HSP.During the field work,daily tailgate meetings will be held prior to the commencement of each day's activities and a copy of the HSP will be on-site at all times.All site personnel, subcontractors, and visitors who enter the exclusion zone will be required to sign the HSP form daily. Rincon Consultants,Inc. 9 City of Santa Ma On-cnll Environmental Review Services for Housing Division • Sampling of Desired Media. Upon receipt of the City's approval of a work plan (and regulatory oversight agency approval, if applicable), samples will be collected by support staff and overseen by the project manager. Samples can be obtained using a variety of methods (e.g., surface grab sample, shallow hand auger sample,backhoe sampling,high-flow/low-flow groundwater sampling,soil vapor sampling,direct push sampling,or hollow-stem auger or air rotary drilling).The appropriate sampling methodology is dependent on the suspected source of contamination(polntsource or non-point source);suspected type of contaminant (volatile or non-volatile); media affected (soil, groundwater, and/or soil vapor); anticipated depth of contamination;and soil/geologic conditions at a site.Depending on the scope of work,soil vapor wells,soil vapor probes,groundwater monitoring wells,groundwater extraction wells,or other sampling devices may need to be Installed at a site. Licensed professionals will perform or oversee the installation of sampling devices,where applicable.Prforto any subsurface assessment,Underground Service Alert utility notification service will be contacted and the area to be disturbed will be identified. The proposed locations will be • provided to the City for the Identification of possible subsurface utility conflicts. • Laboratory Analyses. Depending on the project schedule and budget,samples will be analyzed through an on-site laboratory (for very quick turn-around projects) or through a fixed laboratory (standard schedule project).A California-certified laboratory approved by the City will perform all analyses. • Data Analysts and Reporting. Sample analytical results will be tabulated and maps depleting sample collection points and pertinent data will be prepared.The data analysis will include a discussion of the nature and extent of contamination, and recommendations for follow-up work, if needed. Site closure, if appropriate, will be considered following all assessments.Additional assessment, remediation, or health risk assessment will be considered if site closure does not appear to be a viable alternative.All aspects of the Phase II ESA will be conducted under the direct oversight of a California Professional Geologist, or a California Professional Civil Engineer. Our on-staff California Professional Geologist, or a California Professional Civil Engineer,will sign and stamp all assessment reports. 10 EXHIBIT B FEDERAL REGULATIONS a.Federal Regulations—Recipient must comply with the government cost principles,uniform administrative requirements and audit requirements for federal grant program housed within Title 2,Part 200 of the Code of Federal Regulations. b.Debarment and Suspension—As required by Executive Orders 12549 and 12689, and 2 CFR§200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the • Federal government. c.Audit Records-With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY,the grant agency and/or their duly authorized representatives for a period of three(3)years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later,Recipient shall preserve and maintain all documents,papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period,Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying,or mechanical reproduction on or off the planing of Recipient,upon request during usual working hours. d. Reports-Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) -All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).Therefore,the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall,solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment,in any program or activity that receives or benefits from federal financial assistance.The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors,subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 -(ADA)Recipient must comply with all requirements of the Americans with Disabilities Act of 1990(ADA),as applicable. g. Political Activity-None of the Thuds, materials,property,or services provided directly or indirectly under this agreement shall be used for any partisan political activity,or to further the election or defeat of any candidate for public office,or otherwise in violation of the provisions of the "Hatch Act". h.No Lobbying-Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence,or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i.Non-Discrimination and Equal Opportunity- Recipient will comply, and all its contractors (or subrecipients)will comply,with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A,Title II of the Americans with Disabilities Act(ADA)(1990); Title 1X of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972,as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non.-Discrimination Regulations,28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination,28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency,or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race,color,religion,national origin,sex, or disability against a recipient of funds,the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice, If applicable,recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b)in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j.Equal Employment Opportunity-Recipient will comply, and all its contractors(or subrecipients)will comply,with all requirements of the Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations(41 CFR, Subtitle B, Chapter 60),as applicable. k.Public Contracts Code-Recipient will comply, and all its contractors(or subrecipients)will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. I. Copeland Anti-Kickback Act- Recipient will comply, and all its contractors and subcontractors(or subrecipients)shall comply,with all requirements of the Copeland"Anti-Kickback" Act(40 U.S.C. 3145) as supplemented in Department of Labor regulations(29 CFR Part 3), as applicable. (1) Contractor—Contractors shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts—Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses, (3)Breach—A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis-Bacon Act-Recipient will comply, and all its contractors(or subrecipients) will comply,with all requirements of the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5),as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally,contractors are required to pay wages not less than once a week. n. Work Hours and Safety-Recipient will comply, and all its contractors(or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 3702 and 3704)as supplemented by Department of Labor regulations(29 CFR Part 5), as applicable. o. Clean Air Act-Recipient will comply, and all its contractors(or subrecipients)will comply, with all applicable standards,orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as applicable. p.,Energy and Conservation-Recipient will comply, and all its contractors(or subrecipients) will comply,with all requirements of the Energy Policy and Conservation Act(42 U.S.C.6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors(or subrecipients)will comply,with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r.Patent Rights-Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process,product,invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable. s. Copyright-Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency(SAA) and City reserve a royalty-free,non-exclusive, and irrevocable license to reproduce,publish or otherwise use, and to authorize others to use,for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Telecommunications(2 CFR 200.216) -Recipient will comply with FEMA Policy 405-143- 1,Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services(Interim),which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (2)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (3)Telecommunications or video surveillance services provided by such entities or using such equipment. (4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. • rt. Domestic preferences for procurements(2 CFR 200.322)-Recipient agrees that us appropriate and to the extent consistent with law,it will,to the greatest extent practicable under a Federal award,provide a preference for the purchase, acquisition,or use of goods,products,or materials produced in the United States(including but not limited to iron, aluminum,steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States"means,for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States;and"manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; mid lumber. v. Equal Employment in Construction Contracts -Pursuant to Equal Employment Opportunity requirements of41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color,religion,sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion,sex, sexual orientation, gender identity, 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 contractor 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, (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, color, religion,sex, sexual orientation,gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a.part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he 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 contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will 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. (6)The contractor will 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 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. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,regulations, or orders,this contract may be canceled, terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive 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,regulation,or order of the Secretary of Labor,or as otherwise provided by law. (8)The contractor will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)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 subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable • Cost Proposal H. Cost Proposal This information is confidential and for the sole purpose of fulfilling the contract information request.Please do not publish. If you have any questions regarding this submittal,please refer those only Deanna Hansen, Lacrissa Davis,or Norma Garcia. Fringe Benefit% Overhead% FCCM% _ Combined% Fee% Normal-Office + + 86.71% 105.43% 0.00% 192.14% 25.00% Billing Information Calculation Information Normal Hourly Effective Date of Hourly Rate Hourly Rate %or$ Name/Classification Billing Rate From To by EE Type Increase Senior Principal $529.99 8/1/2024 7/31/2025 $143.98 0.00% $548.53 8/1/2025 7/31/2026 $149.02 3.50% $567.73 8/1/2026 7/31/2027 $154.23 3.50% $587.60 8/1/2027 7/31/2028 $159.63 3.50% $608.17 8/1/2028 7/31/2029 $165.22 3.50% Principal $322.60 8/1/2024 7/31/2025 $87.64 0.00% $333.89 8/1/2025 7/31/2026 $90.71 3.50% $345.58 8/1/2026 7/31/2027 $93.88 3.50% $357.67 8/1/2027 7/31/2028 $97.17 3.50% $370.19 8/1/2028 7/31/2029 $100.57 3.50% Director $330.48 8/1/2024 7/31/2025 $89.78 0.00% $342.04 8/1/2025 7/31/2026 $92.92 3.50% $354.02 8/1/2026 7/31/2027 $96.17 3.50% $366.41 8/1/2027 7/31/2028 $99.54 3.50% $379.23 8/1/2028 7/31/2029 $103.02 3.50% Senior Supervisor II $281.12 8/1/2024 7/31/2025 $76.37 0.00% $290.95 8/1/2025 7/31/2026 $79.04 3.50% $301.14 8/1/2026 7/31/2027 $81.81 3.50% $311.68 8/1/2027 7/31/2028 $84.67 3.50% $322.59 8/1/2028 7/31/2029 $87.64 3.50% Supervisor I $232.23 8/1/2024 7/31/2025 $63.09 0.00% $240.36 8/1/2025 7/31/2026 $65.30 3.50% $248.77 8/1/2026 7/31/2027 $67.58 3.50% $257.48 8/1/2027 7/31/2028 $69.95 3.50% $266.49 8/1/2028 7/31/2029 $72.40 3.50% Senior Professional II $211.80 8/1/2024 7/31/2025 $57.54 0.00% $219.22 8/1/2025 7/31/2026 $59.55 3.50% $226.89 8/1/2026 7/31/2027 $61.64 3.50% $234.83 8/1/2027 7/31/2028 $63.80 3.50% $243.05 8/1/2028 7/31/2029 $66.03 3.50% $199.36 8/1/2024 7/31/2025 $54.16 0.00% Senior Professional I $206.34 8/1/2025 7/31/2026 $56.06 3.50% $213.56 8/1/2026 7/31/2027 $58.02 3.50% $221.04 8/1/2027 7/31/2028 $60.05 3.50% $228.77 8/1/2028 7/31/2029 $62.15 3.50% Professional IV $166,34 8/1/2024 7/31/2025 $45.19 0.00% $172.16 8/1/2025 7/31/2026 $46.77 3.50% $178.19 8/1/2026 7/31/2027 $48.41 3.50% $184.43 8/1/2028 7/30/2028 $50.10 3.50% $190.88 8/1/2028 7/31/2029 $51.86 3.50% Professional lll $147.42 8/1/2024 7/31/2025 $40.05 0.00% $152.58 8/1/2025 7/31/2026 $41.45 3.50% $157.92 8/1/2026 7/31/2027 $42.90 3.50% $163.45 8/1/2027 7/31/2028 $44.40 3.50% $169.17 8/1/2028 7/31/2029 $45.96 3.50% Rincon Consultants,Inc. 23 City of Santa Ana On-call Environmental Review Services for Housing Division Billing Information Calculation information Normal Hourly Effective Date of Hourly Rate Hourly Rate %or$ Name/Classification Billing Rate From To by EE Type increase Professional II $134.06 8/1/2024 7/31/2025 $36.42 0.00% $138.75 8/1/2025 7/31/2026 $37.69 3.50% $143.61 8/1/2026 7/31/2027 $39.01 3.50% $148.64 8/1/2027 7/31/2028 $40.38 3.50% $153.84 8/1/2028 7/31/2029 $41.79 3.50% Professional I $114.22 8/1/2024 7/31/2025 $31.03 0.00% $118.22 8/1/2025 7/31/2026 $32.12 3.50% $122.36 8/1/2026 7/31/2027 $33.24 3.50% $126.64 8/1/2027 7/31/2028 $34.40 3.50% $131.07 8/1/2028 7/31/2029 $35.61 3.50% Associate III $92.02 8/1/2024 7/31/2025 $25.00 0.00% $95.24 8/1/2025 7/31/2026 $25.88 3.50% $98.58 8/1/2026 7/31/2027 $26.78 3.50% $102.03 8/1/2027 7/31/2028 $27.72 3.50% $105.60 8/1/2028 7/31/2029 $28.69 3.50% Field Technician $110.43 8/1/2024 7/31/2025 $30.00 0.00% $114.29 8/1/2025 7/31/2026 $31.05 3.50% $118.29 8/1/2026 7/31/2027 $32.14 3.50% $122.43 8/1/2027 7/31/2028 $33.26 3.50% $126.72 8/1/2028 7/31/2029 $34.43 3.50% Data Solutions Architect $201.90 8/1/2024 7/31/2025 $54.85 0.00% $208.97 8/1/2025 7/31/2026 $56.77 3.50% $216.28 8/1/2026 7/31/2027 $58.76 3.50% $223.85 8/1/2027 7/31/2028 $60.81 3.50% $231.69 8/1/2028 7/31/2029 $62.94 3.50% Senior GIS Specialist $188.72 8/1/2024 7/31/2025 $51.27 0.00% $195.33 8/1/2025 7/31/2026 $53.06 3.50% $202.17 8/1/2026 7/31/2027 $54.92 3.50% $209.24 8/1/2027 7/31/2028 $56.84 3.50% $216.57 8/1/2028 7/31/2029 $58.83 3.50% GIS Specialist II $146.06 8/1/2024 7/31/2025 $39.68 0.00% $151.17 8/1/2025 7/31/2026 $41.07 3.50% $156.46 8/1/2026 7/31/2027 $42.51 3.50% $161.94 8/1/2027 7/31/2028 $43.99 3.50% $167.61 8/1/2028 7/31/2029 $45.53 3.50% GIS Specialist I $147.53 8/1/2024 7/31/2025 $40.08 0.00% $152.70 8/1/2025 7/31/2026 $41.48 3.50% $158.04 8/1/2026 7/31/2027 $42.93 3.50% $163.57 8/1/2027 7/31/2028 $44.44 3.50% $169.30 8/1/2028 7/31/2029 $45.99 3.50% Technical Editor $105.09 8/1/2024 7/31/2025 $28.55 0.00% $108.77 8/1/2025 7/31/2026 $29.55 3.50% $112.58 8/1/2026 7/31/2027 $30.58 3.50% $116.52 8/1/2027 7/31/2028 $31.65 3.50% $120.59 8/1/2028 7/31/2029 $32.76 3.50% Project Accountant $178.74 8/1/2024 7/31/2025 $48.56 0.00% $184.99 8/1/2025 7/31/2026 $50.26 3.50% $191.47 8/1/2026 7/31/2027 $52.02 3.50% $198.17 8/1/2027 7/31/2028 $53.84 3.50% $205.11 8/1/2028 7/31/2029 $55.72 3.50% Billing Specialist $112.75 8/1/2024 7/31/2025 $30.63 0.00% $116.69 8/1/2025 7/31/2026 $31.70 3.50% $120.78 8/1/2026 7/31/2027 $32.81 3.50% $125.01 8/1/2027 7/31/2028 $33.96 3.50% $129.38 8/1/2028 7/31/2029 $35.15 3.50% 24 Cost Proposal Billing Information Calculation Information Normal HourlyEffective Date of Hourly Rate % Hourly Rate or$ Name/Classification Billing Rate From To by EE Type Increase Publishing Specialist $136.59 8/1/2024 7/31/2025 $37.11 0.00% $141.37 8/1/2025 7/31/2026 $38.41 3.50% $146.32 8/1/2026 7/31/2027 $39.75 3.50% $151.44 8/1/2027 7/31/2028 $41.14 3.50% $156.74 8/1/2028 7/31/2029 $42.58 3.50% Clerical $128.83 8/1/2024 7/31/2025 $35.00 0.00% $133.34 8/1/2025 7/31/2026 $36.23 3.50% $138.01 8/1/2026 7/31/2027 $37.49 3.50% $142.84 8/1/2027 7/31/2028 $38.81 3.50% $147.84 8/1/2028 7/31/2029 $40.16 3.50% Rincon Consultants,Inc. 25 / 1 ®'`� CERTIFICATE OF LIABILITY IN`i � DATE(MMIDD/YYYY) y S�g �� 1/24/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR I N ONFERS 'JQ RIGI-f'S UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIV M D H OR AL 'E 1I3E AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES N I A ONTRAC' lETVVEEN Acevedo INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL!NI R ).. �fITIoNie�LI'�il��U i 8 •ro ons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and c• .i ns i c to r WrZ4 .e..: nt. A statement on this certificate does not confer rights to the certificate hol•er i u e r e CONT1, )(] i� PRODUCER Lockton Insurance Brokers,LLC NAME: ', 1 5:29:3 1 -08'OO' NAME: 777 S.Figueroa Street,52nd Fl. PHON.i Fax CA License#OF15767 E-MAILo Ext): (A/C,No): Los Angeles CA 90017 ADDRESS: (213)689-0065 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Crum&Forster Specialty Insurance Co 44520 INSURED Rincon Consultants,Inc. INSURER B:Hartford Fire Insurance Company 19682 1462718 180 N Ashwood Ave. INSURER C:Crum and Forster Insurance Company 42471 _ Ventura CA 93003 INSURER D:Palomar Excess and Surplus Insurance Co. 16754 INSURER E:Starstone National Insurance Company 25496 INSURER F: COVERAGES RINCO01 CERTIFICATE NUMBER: 16059509 REVISION NUMBER: XX� {XX 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 LTR TYPE OF INSURANCE ADDL W D POLICY NUMBER BR POLICY EFF POLICY EXP LIMITS J (MMIDD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y EPK-142587 2/1/2023 2/1/2025 EACH OCCURRENCE • $ 3,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) ,$ 100,000 X SIR:$50,000 MED EXP(Any one person) $ 10,000 X P&I PERSONAL&ADV INJURY :$ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY y y 72UENOL5481 2/1/2024 2/1/2025 COMBINED NGLE LIMIT $ (Ea accident)SI 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Peridt AUTOS ONLY AUTOS accident) $ XXXXXXX X AUTOS ONLY HIRED X AUTOS ONLY (Per PROPERTY ))DAMAGE $ XXXXXXX Como./Coll.Ded $ 1,000 C UMBRELLALIAB X OCCUR N N EFX-119720 2/1/2024 2/1/2025 EACH OCCURRENCE _$ 10,000,000 D X EXCESS LIAR CLAIMS-MADE EVEQ-0000005 2/1/2024 2/1/2025 AGGREGATE $ 10,000,000 DED X RETENTIONS 10,000 $ XXXXXXX B WORKERS COMPENSATION Y PER OTH- AND EMPLOYERS'LIABILITY Y/N T10220329 2/1/2024 2/1/2025 X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (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 A Contractors Pollution Liab N N EPK-142587 2/1/2023 2/1/2075 Limit:$3,000,000/$4,000,000 E&O Liab. Limit:$3,000,000/$4,000,000 Retro Date: 12/9/1994 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Effective 2/1/2024-8/l/2025,Cybcr Liability S5M Limit,$25k Retention,Carrier:HCC;Policy 4H24NGP224923-0l,$5M x$5M Limit,Carrier:Corvus,Policy#CXS-107946155-00.The City of Santa Ana and Community Development Agency and their officers,employees,agents and volunteers are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier.Waiver of Subrogation applies per attached endorsement(s)or policy language.Insurance provided to Additional Insured(s)is primary and non-contributory as per the attached endorsement or policy language.Excess policy follows General Liability,Auto Liability and Employers Liability form.Notice of Cancellation applies per the applicable policy language or endorsements. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 16059509 THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PRC\ / o,ort,�s Risk MsmaganattD[vision Risk Management Divison AUTHORIZED REPR z? REVIEWED&APPRt71!®8Y: 20 Civic Center Plaza,4th Floor `• I' 1 t A,4, Santa Ana CA 92701 / ;=align. 1-----1� Risk Management Spedalist ©1 88-201 C D/ Ss, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D563840 Certificate ID: 16059509 Policy Number: EPK-142587 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location(s) of Covered Operations Organization(s): Blanket when specifically required in a written contract with Blanket when specifically required in a the named insured. written contract with the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common With respect to the insurance afforded to these additional Provisions is amended to include as an additional insured insureds,the following additional exclusions apply: the person(s) or organization(s) shown in the Schedule, This insurance does not apply to "bodily injury" or but only with respect to liability for"bodily injury","property "property damage"occurring after: damage" or "personal and advertising injury" cause, in 1. All work, including materials, parts or equipment whole or in part,by: furnished in connection with such work, on the project 1. Your acts or omissions;or (other than service, maintenance or repairs) to be 2. The acts or omissions of those acting on your behalf; performed by or on behalf of the additional insured(s) in the performance of your ongoing operations for the at the location of the covered operations has been additional insured(s)at the location(s)designated above. completed;or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Riak Management DMstan e� _ REVIEWED&APPROVED BY: EN0321-0211 at {jffa Rcev41,o Risk Management Specialist Attachment Code:D563841 Certificate 1D: 16059509 Policy Number:EPK-142587 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations Blanket when specifically required in a written contract with the Blanket when specifically required in a written named insured. contract with the named insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section III—Who Is An Insured within the Common Provisions is amended to include as an insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage" caused, in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN0320-0211 Page 1 of 1 Risk ManagetnattDiviston REVIEWED&APPROVED BY: Aize Auva. ,�, Risk Management Specialist Attachment Code:D563842 Certificate ID: 16059509 Policy Number:EPK-142587 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of"your work"for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Page 1 of 1 \ / Risk Management Divisicn REVIEWED&APPROVED BY: gj A+'lava. l® Risk Management Specialist Attachment Code:D563844 Certificate ID: 16059509 Policy Number:72UENOL5481 COMMERCIAL AUTOMOBILE Policy Term:2/1/2023 to 2/1/2025 HA 99 16 03 12 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 d. Any"employee"of yours while using a A. Subsidiaries and Newly Acquired or covered"auto"you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1)Any legal business entity other than a Paragraph A.1.-WHO IS AN INSURED-of partnership or joint venture,formed as a Section II -Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50%on e. The lessor of a covered "auto"while the the effective date of the Coverage Form. "auto"is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1)The agreement requires you to "insured"under any other automobile provide direct primary insurance for policy or would be an"insured" under such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2)The"auto"is leased without a driver. (2)Any organization that is acquired or Such a leased"auto"will be considered a formed by you and over which you covered"auto"you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1)Paragraph A.1. -WHO IS AN INSURED (a)That is a partnership or joint -of Section II-Liability Coverage is venture, amended to add: (b)That is an"insured"under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c)That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for"bodily Coverage does not apply to"bodily injury"or"property damage"caused injury"or"property damage"that results by the conduct of an"insured" under from an "accident"that occurred before paragraphs a. or b.of Who Is An Insured with regard to the you formed or acquired the organization. ownership, maintenance or use of a B. Employees as Insureds covered "a\ Paragraph A.1. -WHO IS AN INSURED-of ,R,ti a Risk Management Division SECTION II -LIABILITY COVERAGE is � m REVIEWED amended to add: = •o IRttdl t. A ACtIgetei Risk Management Specialist ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) / rQyC , �, Attachment Code:D563844 Certificate ID: 16059509 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury"or"property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. -Additional (1)During the policy period, and Insured If Required by Contract,the (2)Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary,we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy,the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a)The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this insurance is primary and we will not (b)The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3)and(4)do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3)Additional Insureds Other Insurance When this insurance is excess,we will have no duty to defend the insured against any"suit" if If we cover a claim or"suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that"suit". If no other insurer by other insurance available to an defends,we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance,we will pay only our share of the However,this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1)The total amount that all such other that this insurance is primary and non- contributory with the additional insured's insurance would pay for the loss in the absence of this insurance;and own insurance. (4) Duties in The Event Of Accident, Claim, (2)The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy,the Any"auto"hired or rented by your"employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. -DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS—OF SECTION IV— BUSINESS AUTO CONDITIONS, in the art.� Risk Management Division same manner as the Named Insured. 3- Rine o&APPROVED BY: ` Agdid Auv Risk Management Specialist ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) / F-Qyc L.,, ,, Attachment Code:D563844 Certificate ID: 16059509 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your"employee"on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III- PHYSICAL be primary to the"employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of$50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. -FELLOW EMPLOYEE-of 6. LOAN/LEASE GAP COVERAGE SECTION II-LIABILITY COVERAGE does not Under SECTION III-PHYSICAL DAMAGE apply if you have workers'compensation COVERAGE, in the event of a total"loss"to a insurance in-force covering all of your covered"auto",we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the"auto"at the time of the"loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE "Outstanding balance"means the amount you COVERAGE owe on the loan/lease at the time of"loss"less If hired "autos"are covered "autos"for Liability any amounts representing taxes; overdue Coverage and if Comprehensive, Specified payments; penalties, interest or charges Causes of Loss,or Collision coverages are resulting from overdue payments; additional provided under this Coverage Form for any mileage charges; excess wear and tear charges; "auto"you own,then the Physical Damage lease termination fees;security deposits not returned by the lessor; costs for extended Coverages provided are extended to"autos"you warranties, credit life Insurance, health, accident hire or borrow, subject to the following limit. or disability insurance purchased with the loan or The most we will pay for"loss"to any hired lease; and carry-over balances from previous "auto"is: loans or leases. (1)$100,000; 7. AIRBAG COVERAGE (2)The actual cash value of the damaged or Under Paragraph B. EXCLUSIONS - of stolen property at the time of the"loss";or SECTION III - PHYSICAL DAMAGE (3)The cost of repairing or replacing the COVERAGE, the following is added: damaged or stolen property, The exclusion relating to mechanical breakdown whichever is smallest, minus a deductible.The does not apply to the accidental discharge of an deductible will be equal to the largest deductible airbag. applicable to any owned "auto"for that 8. ELECTRONIC EQUIPMENT -BROADENED coverage. No deductible applies to"loss"caused COVERAGE by fire or lightning. Hired Auto Physical Damage a.The exceptions to Paragraphs B.4 -coverage is excess over any other collectible insurance. Subject to the above limit, deductible EXCLUSIONS-of SECTION III -PHYSICAL and excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following: covered"auto"you own. Exclusions 4.c. and 4.d.do not apply to We will also cover loss of use of the hired"auto" equipment designed to be operated solely if it results from an"accident", you are legally by use of the power from the"auto's" liable and the lessor incurs an actual financial electrical system that, at the time of"loss", loss, subject to a maximum of$1000 per is: "accident". (1) Permanently installed in or upon This extension of coverage does not apply to the covered"auto"; any"auto"you hire or borrow from any of your (2) Removable from a housing unit "employees", partners (if you are a partnership), which is permanently installed in mamharc(if vni i am a limitari liahility nmmilanvl or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipm\ Paraara =�� Riak Manage/nee Division 3% REVIEWED&APPROVED BY: `: 11 R014,e14 ® Risk Management Specialist ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) reyG ,u, Attachment Code:D563844 Certificate ID: 16059509 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc.company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section III—Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller(or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller(or Damage Coverage, Limit of Insurance, smallest)deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller(or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12.AMENDED DUTIES IN THE EVENT OF any one"accident"to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment(other than equipment designed solely for the reproduction of sound,and The requirement in LOSS CONDITIONS 2.a.- accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS-of SECTION IV-BUSINESS audio,visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident"applies only when the"accident" is known to: (1) Permanently installed in or upon the covered "auto"in a housing, (1)You, if you are an individual; opening or other location that is not (2)A partner, if you are a partnership; normally used by the"auto" (3)A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4)An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13.UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy,we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only,our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7.- Declarations, or$250,whichever deductible is POLICY PERIOD, COVERAGE TERRITORY- less. of SECTION IV- BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. 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 determined in a"suit,"the"suit"is brought in 10.GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America,the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15.WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11.TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US-of SECTION IV- Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CON^mr'nic h„ / III - PHYSICAL DAMAGE COVERAGE, the adding the following: Division W.9� REVIEWED following is added: =? �� ',. APPROV®BY: flavehi ©2011, The Hartford (Includes copyrighted material Risk Management Specialist Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) / rauc Y Attachment Code:D563844 Certificate ID: 16059509 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of"bodily injury"in SECTION V- a.A"non-hybrid"auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A"hybrid"auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal combustion engine and one or more electric Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto. If we cancel for any reason other than 19.VEHICLE WRAP COVERAGE nonpayment of premium,we will mail or deliver In the event of a total loss to an"auto"for which to the first Named Insured written notice of Comprehensive, Specified Causes of Loss,or cancellation at least 60 days before the effective Collision coverages are provided under this date of cancellation. Coverage Form, then such Physical Damage 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following: VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto", In the event of a total loss to a"non-hybrid"auto we will pay up to$1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered"auto"at the Loss,or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form,then such Physical autos deemed a total loss,the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a"hybrid"auto or any one"loss"is$5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas,we will pay an additional 10%,to a painted or magnetically affixed to the vehicle are maximum of$2.500, of the"non-hybrid"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," f Risk%augcmentDivision EWEo?" APPROVED REVI & BY: ` ©2011,The Hartford (Includes copyrighted material f8`'y 11 A��rah° Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Risk Management Specialist / 1, Attachment Code:D565978 Certificate ID: 16059509 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA 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_*_%of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than$500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2/1/2024 Policy No. T10220329 Endorsement No. 23 Insured Rincon Consultants, Inc. Policy Effective Date 2/1/2024 Insurance Company StarStone National Insurance Company 'i Countersigned By I ' WC040306 (Ed. 4-84) a Riek Management Dvislon ?� ` �, REVIEWED REVIEW &APPROVED BY: ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. 1� o;7 A AcztAstA Risk Management Specialist Attachment Code:D5802I5 Certificate 1D: 16059509 Policy Number: EPK-142587 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDER(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Certificate Holder(s) Blanket when specifically required in a written contract with the named insured. Under the Common Provisions, SECTION VI—COMMON CONDITIONS, item 2. Cancellation And Nonrenewal is amended by the addition of the following: If we cancel this Policy before the expiration date thereof,we will mail a 30 days written notice(ten (10)days for nonpayment of premium)to the Certificate Holder(s)indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Risk Mwugement Division REVIEWED&APPROVED By: 9! !!■11 I Aa.v Risk Management Specialist / \ EN0136-0211 Page 1 of 1 Attachment Code:D568038 Certificate ID: 16059509 Policy Number 72UENOL5481/EPK-142587 IL 02 70 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2., 3. and 5. of the Cancellation 3.All Policies In Effect For More Than 60 Days Common Policy Condition are replaced by the a. If this policy has been in effect for more following: than 60 days, or is a renewal of a policy 2.All Policies In Effect For 60 Days Or Less we issued,we may cancel this policy only If this policy has been in effect for 60 days or less, upon the occurrence, after the effective and is not a renewal of a policy we have date of the policy, of one or more of the previously issued, we may cancel this policy by following: mailing or delivering to the first Named Insured, at (1) Nonpayment of premium, including the mailing address shown in the policy, and to the payment due on a prior policy we issued producer of record, advance written notice of and due during the current policy term cancellation, stating the reason for cancellation, at covering the same risks. least: (2) Discovery of fraud or material a. 10 days before the effective date of misrepresentation by: cancellation if we cancel for: (a)Any insured or his or her (1) Nonpayment of premium; or representative in obtaining this insurance; (2) Discovery of fraud by: or (a)Any insured or his or her (b) You or your representative in pursuing representative in obtaining this insurance; a claim under this policy. or (3)A judgment by a court or an (b) You or your representative in pursuing administrative tribunal that you have a claim under this policy. violated a California or Federal law, b. 30 days before the effective date of cancellation having as one of its necessary elements if we cancel for any other reason. an act which materially increases any of the risks insured against. Risk Management Division fk: &APP REVIEWED APPROVt3D SY: ®IL 02 70 08 11 ©Insurance Services Office, Inc., 2010 Risk Management Specialist Attachment Code:D568038 Certificate ID: 16059509 Policy Number 72UENOL5481/EPK-142587 IL 02 70 08 11 (4) Discovery of willful or grossly negligent B.The following provision is added to the acts or omissions, or of any violations of Cancellation Common Policy Condition: state laws or regulations establishing 7. Residential Property safety standards, by you or your This provision applies to coverage on real property representative, which materially increase which is used predominantly for residential any of the risks insured against. purposes and consisting of not more than four (5) Failure by you or your representative dwelling units, and to coverage on tenants' to implement reasonable loss control household personal property in a residential unit, if requirements, agreed to by you as a such coverage is written under one of the condition of policy issuance, or which following: were conditions precedent to our use of a Commercial Property Coverage Part particular rate or rating plan, if that failure Farm Coverage Part---- Farm Property----Farm materially increases any of the risks Dwellings,Appurtenant Structures And Household insured against. Personal Property Coverage Form (6)A determination by the Commissioner a. If such coverage has been in effect for of Insurance that the: 60 days or less, and is not a renewal of (a) Loss of, or changes in, our reinsurance coverage we previously issued,we may covering all or part of the risk would cancel this coverage for any reason threaten our financial integrity or solvency; except as provided in b.and c. below. or b. We may not cancel this policy solely (b) Continuation of the policy coverage because the first Named Insured has: would: (1)Accepted an offer of earthquake (i) Place us in violation of California law or coverage; or the laws of the state where we are (2) Cancelled or did not renew a policy domiciled; or issued by the California Earthquake (ii)Threaten our solvency. Authority (CEA)that included an (7)A change by you or your earthquake policy premium surcharge. representative in the activities or property However, we shall cancel this policy if the of the commercial or industrial enterprise, first Named Insured has accepted a new which results in a materially added, or renewal policy issued by the CEA that increased or changed risk, unless the includes an earthquake policy premium added, increased or changed risk is surcharge but fails to pay the earthquake included in the policy. policy premium surcharge authorized by b. We will mail or deliver advance written the CEA. notice of cancellation, stating the reason c. We may not cancel such coverage for cancellation, to the first Named solely because corrosive soil conditions Insured, at the mailing address shown in exist on the premises.This restriction (c.) the policy, and to the producer of record applies only if coverage is subject to one at least: of the following,which exclude loss or (1) 10 days before the effective date of damage caused by or resulting from cancellation if we cancel for nonpayment corrosive soil conditions: of premium or discovery of fraud; or (1) Commercial Property Coverage Part-- (2) 30 days before the effective date of Causes Of Loss—Special Form; or cancellation if we cancel for any other (2) Farm Coverage Part— Causes Of reason listed in Paragraph 3.a. Loss Form—Farm Property, Paragraph D. 5. If this policy is cancelled,we will send the first Covered Causes Of Loss—Special. Named Insured any premium refund due. The refund, if any, will be computed on a pro rata basis. However, the refund may be less than pro rata if we made a loan to you for the purpose of payment of premiums for this policy. The cancellation will be effective even if we have not made or offered a refund. ?�,H Risk Management al>+isiott REVIEWEDA&APPROVED By:j 11 III d�. A,�,�,1 ACLU4O IL 02 70 08 11 ©Insurance Services Office, Inc., 2010 —- Risk Management Specialist Attachment Code:D568038 Certificate ID: 16059509 Policy Number 72UENOL5481/EPK-142587 IL 02 70 08 11 C. The following is added and supersedes any (2)The Commissioner of Insurance finds provisions to the contrary: that the exposure to potential losses will Nonrenewal threaten our solvency or place us in a 1. Subject to the provisions of Paragraphs C.2. hazardous condition. A hazardous and C.3. below, if we elect not to renew this condition includes, but is not limited to, a policy,we will mail or deliver written notice, stating condition in which we make claims the reason for nonrenewal, to the first Named payments for losses resulting from an Insured shown in the Declarations, and to the earthquake that occurred within the producer of record, at least 60 days, but not more preceding two years and that required a than 120 days, before the expiration or reduction in policyholder surplus of at anniversary date. least 25%for payment of those claims; or We will mail or deliver our notice to the first (3)We have: Named Insured, and to the producer of record, at (a) Lost or experienced a substantial the mailing address shown in the policy. reduction in the availability or scope of 2. Residential Property reinsurance coverage; or This provision applies to coverage on real property (b) Experienced a substantial increase in used predominantly for residential purposes and the premium charged for reinsurance consisting of not more than four dwelling units, coverage of our residential property and to coverage on tenants' household property insurance policies; and the Commissioner contained in a residential unit, if such coverage is has approved a plan for the nonrenewals written under one of the following: that is fair and equitable, and that is Commercial Property Coverage Part responsive to the changes in our Farm Coverage Part---- Farm Property---- Farm reinsurance position. Dwellings, Appurtenant Structures And c.We will not refuse to renew such Household Personal Property Coverage Form coverage solely because the first Named a. We may elect not to renew such Insured has cancelled or did not renew a coverage for any reason, except as policy, issued by the California provided in b., c. and d. below. Earthquake Authority, that included an b.We will not refuse to renew such earthquake policy premium surcharge. coverage solely because the first Named d.We will not refuse to renew such Insured has accepted an offer of coverage solely because corrosive soil earthquake coverage. conditions exist on the premises. This However, the following applies only to restriction (d.) applies only if coverage is insurers who are associate participating subject to one of the following, which insurers as established by Cal. Ins. Code exclude loss or damage caused by or Section 10089.16. We may elect not to resulting from corrosive soil conditions: renew such coverage after the first (1) Commercial Property Coverage Part Named Insured has accepted an offer of ---- Causes Of Loss----Special Form; or earthquake coverage, if one or more of (2) Farm Coverage Part----Causes Of the following reasons applies: Loss Form---- Farm Property, Paragraph (1)The nonrenewal is based on sound D. Covered Causes Of Loss----Special. underwriting principles that relate to the 3.We are not required to send notice of coverages provided by this policy and that nonrenewal in the following situations: are consistent with the approved rating a. If the transfer or renewal of a policy, plan and related documents filed with the without any changes in terms, conditions Department of Insurance as required by or rates, is between us and a member of existing law; our insurance group. / ..,,,.?.a.,,,.,,, Risk M&gement APPROVED BY: REVIEWED de APPROVED BY. fkilfliwia 11,04, a IL 02 70 08 11 ©Insurance Services Office, Inc., 2010 ® Risk Management Specialist / Attachment Code:D568038 Certificate ID: 16059509 Policy Number 72UENOL5481/EPK-142587 IL 02 70 08 11 b. If the policy has been extended for 90 e. If the first Named Insured requests a days or less, provided that notice has change in the terms or conditions or risks been given in accordance with Paragraph covered by the policy within 60 days of the C.1. end of the policy period. c. If you have obtained replacement f. If we have made a written offer to the coverage, or if the first Named Insured first Named Insured, in accordance with has agreed, in writing, within 60 days of the timeframes shown in Paragraph C.1., the termination of the policy, to obtain that to renew the policy under changed terms coverage. or conditions or at an increased premium d. If the policy is for a period of no more rate,when the increase exceeds 25%. than 60 days and you are notified at the time of issuance that it will not be renewed. Ride Msinagentatt Division el`o,." •Ir' REVIEWED E.APPROVED By: A4fu Aaw44 ®IL 02 70 08 11 ©Insurance Services Office, Inc., 2010 Risk Management Specialist / \, Attachment Code:D568039 Certificate ID: 16059509 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 02 B (Ed. 12-13) ADVANCE NOTICE OF CANCELLATION AND NON-RENEWAL ENDORSEMENT It is hereby understood and agreed that all cancellation provisions in the policy addressing the required number of days notice of cancellation by us or non-renewal by us are amended to be not less than: a. 30 days will be given for notice of cancellation for non-payment of premium. *b. 60 days will be given for notice of cancellation for any other reason. c. 90 days will be given for non-renewal. Notwithstanding the previsions above, in no event will the number of days notice for cancellation or for non-renewal be fewer than the number of days required by statute. *not applicable in Arizona, Pennsylvania. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy). Endorsement Effective 2/1/2024 Policy No.T10220329 Endorsement No.5 Insured Rincon Consultants,Inc. Policy Effective Date 2/1/2024 Insurance Company StarStone National Insurance Company WC 99 06 02 B (Ed. 12-12) .,.a_„„ Risk ManagementDivisinn 3% REVIEWED&APPROVED By: Acevulo ;�, Risk Management Specialist