Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
RINCON CONSULTANTS, INC. 3
City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect Return form to the Clerk of the Council Office (M-30).% — Call 647-5237 if you have any questions. The agreement with No. A ,oY)odc/J ` was completed on 6 I -�C)) z00-7 - and final payment has been made. Revised 07-23-07 Department: t 6 R Phone/Ext.: Signature: Date: {3� ( 3 6 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: 7 -a5-09 CONSULTANT AGREEMENT A-2008-131 O: PBA ) Tonia ZeTHIS AGREEMENT, made and entered into this 2"d day of June, 2008 by and between RINCON CONSULTANTS, INC. a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon'a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality: (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other vided in this Section, to the following persons: telegraphic communication in the manner pro To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Rincon Consultants, Inc. Mr. Abe Leider, AICP 790 East Santa Clara Street Ventura, California 93001 Telefacsimile: (714) 641-1072 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IL 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 proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event. Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ft,(PATRICIA E. VEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA A%NA DAV ID N. REAM City Manager RINCON CONSULTANTS President Tax ID# � EXHIBIT A CONSULTANT'S PROPOSAL AND FEESCHEDULE I Rincon Consultants, Inc. 790 East Santa Clara Street Ventura, California 93001 805 641 1000 rAx 641 1072 info®rinconconsultants. com www. rinconconsultants.com April 11, 2008 Job No. 08-62570 Mr. Pedro Guillen Associate Planner 20 Civic Center Plaza (M-20) Santa Ana, California 92702 Subject: Proposal to Provide Open Services Dear Mr. Guillen: Rincon Consultants, Inc. is pleased to submit this proposal to assist the City of Santa Ana in the preparation of environmental review services for the Planning Division. We employ a team of skilled environmental sciences and planning professionals who combine extensive technical qualifications and knowledge of CEQA and NEPA requirements with many years of experience working on projects in the Southern California area. We are confident that you will find ourteam highly qualified in all of the technical and planning issues that are required for this contract. Rincon prides itself on the involvement of its Principals in all projects. We have found that with the active participation of our Principals, our clients benefit from the direct accountability of the firm, thorough technically sound analysis, a problem solving approach, and competitive rates. Our Project Manager, Abe Leider, has over 10 years of experience overseeing environmental review on a range of projects. He oversees a similar environmental review and compliance program for the city of Long Beach. Our contract manager, Stephen Svete, AICP, is the firm's Director of Planning, and has over 24 years of professional experience managing and preparing environmental documents, including those addressing general plan elements and community and specific plans, as well as large and controversial projects. The Rincon team consists of specialists in those technical issue areas that the City may need during Preparation of environmental documents. Rincon has on staff certified geologists, engineering geologists and hydrogeologists, Registered Environmental Assessors (REAs), biologists, GIS experts and certified planners, as well as specialists in performing quantitative air quality and noise modeling and analysis for CEQA and NEPA documents. In our proposal, we have listed firms that we typically bring into projects as subconsultants in the area of traffic and transportation and cultural resources. We look forward to the opportunity to meet with you to further discuss your needs and how our qualifications are especially well suited to this program. If you have any questions regarding this submittal, please call the undersigned at 805/ 641-1000. Sincerely, RI�NC�OsN C NSU TANTS, INC. lJ"1l"" Abe Leider, AICP Steph n Svete, AIC Senior Planner President EXHIBIT. E n v i r o n m e n t a l S c i e n t i s t s P/ a n n e r s E n g i n e e r s AM Proposal to Provide Environmental (CEQAINEPA) Consulting Services 1.0 INTRODUCTION 1.1 UNDERSTANDING OF THE REQUEST. The City of Santa Ana Planning Division is seeking fines to provide professional environmental consulting si ervrees. The requested environmental services would consist primarily of the preparation of environmental documents required under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) for proposed projects being processed by the Planning Division. Additional technical services required under this assignment may also include preparation of technical studies, peer review of technical studies prepared by others, preparation and processing of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements and other on -call technical staffing services. We are highly familiar with this type of professional services engagement and have been providing similar services to many local jurisdictions through the State, including the cities of Los Angeles and Long Beach and the Los Angeles County Community Development Commission. 1.2 PROJECT APPROACH FOR SUCCESSFUL CEQAINEPA COMPLIANCE. The purposes of the requested environmental documents would be to: (1) meet all of the legal requirements of the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA); (2) identify the significant environmental effects of the proposed project; (3) suggest feasible mitigation for identified significant impacts; (4) identify possible alternatives that reduce or eliminate identified significant impacts; and (5) involve the community in the planning process. The environmental review process starts with careful examination of the project application and initial screening to determine the appropriate environmental document (i.e. Categorical Exemption, Initial Study/Negative Declaration or EIR) that will be required for each project. 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 general; • Developing effective mitigation measures for identified impacts; and • Devising alternatives that respond to environmental conditions and good planning principles. Rincon managers and analysts are skilled at assisting agencies in not only meeting the legal requirements of the CEQA and NEPA processes, but in making the process useful for the applicant and the local community. 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 the work status, as well as the budget. Our teamwork approach will ensure that the City has direct access to strong technical expertise, while the consultant team will have direct access to community issues and local political concerns. 2.0 TYPICAL EIR WORK PLAN 2.1 TYPICAL EIR WORK PROGRAM. The major tasks associated with a typical EIR work program are described below. An EIS work program would generally be similar to the EIR program, though preparation of an EIS would also involve coordination with the federal lead agency and responses to comments on the Final EIS. Rincon s general approach to the analysis of issues likely to be of concern on projects in Santa Ana is described in Section 2.2. City of Santa Ana Proposal to Provide Environmental (CEQA/NEPA) Consulting Services Kickoff Meeting - This task involves meeting with City staff, members of the applicant group (if appropriate), and key members of the consultant team to review and confirm study objectives and establish an operational protocol. 4 Initial Study/NOP - This task involves completion of an Initial Study checklist along with supporting discussion and a Notice of Preparation (NOP) for circulation to concerned agencies. EIR Scoping Meeting - An EIR scoping meeting is typically held during the 30-day NOP period to introduce the community to the proposed project, provide an overview of the EIR process, and obtain input on the EIR scope of work. This meeting would be attended by Rincori s Principal in Charge and/or Project Manager and would include a brief presentation, followed by receipt of input from meeting attendees (note: scoping meetings are required only for "regionally significant" projects). EIR Project Description - This section includes a detailed description of the proposal being analyzed in the EIR, including descriptions of the site and its location, project characteristics relevant to the EIR analysis, project objectives, and required discretionary approvals. The project description typically, includes textual, tabular, and graphic presentation. Administrative Draft EIR - Internal review draft of the EIR, which typically includes the following: • Executive Summary - Summary of the proposed project and associated environmental consequences presented in tabular format to simplify review by decision -makers and the general public • 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; the environmental setting provides a general description of the existing urban geographic character of the City and the site vicinity • Environmental Impact Analysis - Analysis of impacts determined in the Initial Study to be potentially significant; includes four main components: • Setting (description of current conditions with respect to the issue are 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 or not proposed mitigation measures reduce impacts to below the adopted significance threshold) • Alternatives - CEQA requires that an EIR examine of a "reasonable range" of alternatives. This typically involves examination of about four alternatives that are identified during the course of the study. Alternatives are developed in close communication with City staff and focus on alternatives that are capable of avoiding or reducing significant impacts of the proposed project. Evaluation of alternatives would be in less detail than that for the proposed project, though the analysis will provide 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 determined to be environmentally superior, the EIR will identify the environmentally superior alternative among the remaining scenarios. • Other CEQA-Required Discussions - EIRs also include other discussions required by the State CEQA Guidelines, including an analysis of potential growth -inducing impacts and a listing of significant irreversible changes, where applicable. City of Santa Ana Proposal to Provide Environmental (CEQA/NEPA) Consultfng Services Draft EIR - Production and editorial work to publish the Draft EIR for public review and comment; noticing and circulation would also be part of a typical EIR work program. Noticing - Rincon would also assist in preparing and distributing the required notices under CEQA. These notices include the Notice or Preparation (NOP), Notice of Intent to Adopt Negative Declaration (NOI), Notice of Completion and Notice of Availability (NOC/NOA), and Notice of Determination (NOD). Mitigation Monitoring and Reporting Program (MMRP) - Once the required mitigation measures are identified, an MMRP is prepared to ensure that all of the required mitigation measures are properly implemented. This program would be approved along with certification of the Final EIR. Public Hearings - Rincori s Project Manager and/or Principal in Charge would attend public hearings as necessary to support the City's planning team. This may include oral presentations to the hearing body and graphic presentations. Final EIR - Preparation of the Final EIR would include responses to comments on the Draft EIR, preparation of a mitigation monitoring and reporting program (MMRP), and publication of the Final EIR, which incorporates responses to comments, the MMRP, and revised EIR text. CEQA Findings - Rincon is regularly called upon to support staff with the preparation of staff reports that include the required CEQA Findings, including but not limited to a Statement of Overriding Considerations for projects that may be approved even though they may involve one or more significant environmental effect. 2.2 TECHNICAL APPROACH TO ENVIRONMENTAL ISSUES. The scope of work for any environmental document would depend upon the nature of the project being analyzed and will vary from project to project. The issues listed below are those that are most likely to be concern for an individual project: • Aesthetics • Air Quality (including Global Climate Change) • Biological Resources • Cultural Resources • Geology/Sails • Hazards/Hazardous Materials • Hydrology/Water Quality • Water Assessment Study • Land Use/Planning (including FAA and ALUC studies) • Noise • Population/Housing • Public Services • Transportation/Traffic • Utilities/Service Systems Any individual environmental document may need to study any or all of the above issues. In all likelihood, the EIR scope of work for an individual project would consist of a subset of the issues listed above. Rincon s general approach to the analysis of each of the above issues is described below. Aesthetics. Analysis of aesthetic impacts may include the following topics: • Changes in visual character • Impacts to vistas from public and private viewing areas City of Santa Ana Proposal to Provide Environmental (CEQA/NEPA) Consulting Services • Increased light and glare • Shading/shadows • Consistency with adopted urban design guidelines i Analysis of aesthetic impacts typically involves photo -documentation of the site and surroundings and determination of whether or not the proposed project is consistent with the visual character of the area, adversely affects identified visual resources, alters views from important view locations, or otherwise adversely affects visual conditions in the area. Depending upon the nature of the project, Rincon can prepare shadow modeling that illustrates the effect of building height and massing with respect to shading of adjacent properties. Air Quality. Air quality analyses will be prepared in accordance with the methodologies outlined in the South Coast Air Quality Management District (SCAQMD) CEQA Air Quality Handbook. Significance criteria will be based on SCAQMD thresholds. Analysis will typically include discussions of: (1) construction impacts; (2) long-term operational impacts; (3) impacts relating to elevated carbon monoxide concentrations; and (4) Air Quality Management Plan (AQMP) consistency. Construction - related air emissions will be compared to SCAQMD significance thresholds. This evaluation will typically include an assessment of dust impacts as well as emissions associated with heavy construction equipment. Potential long-term emissions associated with most projects would primarily be a result of increased traffic and/or increased vehicle miles traveled. Mobile emissions will be associated with commuter vehicle use by residents and employees and patrons of the proposed commercial uses. Operational emissions will be estimated using the most recent version of the URBEMIS computer model. Based on data obtained from the EIR traffic study, the effect of project -generated traffic on localized CO levels will be estimated using either a screening model or, if necessary, the CALINE model. Consistent with the guidance of AB 32, Rincon would also prepare an evaluation of the project impacts relative to global climate change.and greenhouse gas emissions. The review of consistency with regional planning efforts will generally include analysis of: • Consistency with the Air Quality Management Plan • Consistency with the emission forecasts of the Plan Where necessary, air quality analyses will identify measures required to mitigate air quality impacts, such as: Dust control measures during construction General transportation measures • Energy saving measures Biological Resources. Biological resources likely will not be of substantial concern for most projects given the highly urbanized nature of most of Santa Ana. However, individual projects may have the potential to affect sensitive habitats (such as wetlands) and/or sensitive species. Rincon retains biological resource experts who can conduct biological evaluations in-house, including wetland delineations and special status species surveys. As appropriate, biological resource analysis may include: (1) search and review of the California Natural Diversity Data Base (CNDDB); (2) field survey work; (3) review of aerial photographs, soils survey; and (4) consultation with the California ' Department of Fish and Game (DFG), the U.S. Fish and Wildlife Service (LSFWS), the U.S. Army 1 City of Santa Ana Proposal to Provide Environmental (CEQA/NEPA) Consulting Services Corps of Engineers (ACOE), and local individuals or organizations. Cultural Resources. Though probably not typi THY a critical issue for projects in Santa Ana, cultural resources analysis may be needed for certain projects, particularly those that involve demolition of older structures. Rincon has relationships with several historians and archaeologists who could be retained for individual projects. Historians include Galvin Historical Preservation Associates, San Buenaventura Research Associates and the Historic Resources Group (HRG). Archaeologists included Conejo Archaeological Consultants and Robert Wlodarski. We also work with Applied Earthworks, which provides both historic and archaeological services. Rincon has in- house paleontological resources assessment capabilities. The typical historic or archaeological analysis will involve a combination of field survey work and research, including a records search at California State University, Fullerton. Historic resource impacts will be analyzed based on National and California Register criteria, as well as any locally adopted criteria for the designation of local landmarks. Archaeological resource analysis will be conducted based upon criteria included in CEQA and the CEQA Guidelines. Geology/Soils. Geologic analysis will typically be based on existing literature sources including, but not limited to, the applicant's preliminary geology and soils report and other existing geological and soils reports that are representative of the project area. These technical reports will be reviewed by Rincon s Certified Engineering Geologist to evaluate the potential geologic hazards that may adversely affect the proposed project. This review will also include a field reconnaissance to observe onsite geologic characteristics. The impact assessment will provide graphic representation of potential hazard areas and will identify specific mitigation requirements for each hazard identified. Specifically, this section will include the following: • Discussion of existing geologic conditions (e.g., seismic capabilities, soils, subsurface structure, landforms, etc.) • Identification of potential geologic hazards (e.g., liquefaction, shrink -swell, erosion, etc.) and seismic characteristics in the project area • Mapping of geologic hazards from background analysis data sources • Evaluation of the effect of geologic hazards on the proposed project (e.g., liquefaction, erosion, seismic, etc.) • Measures to mitigate specific geologic hazards • Discussion of additional geologic and soils analysis that may be necessary to ensure adequate mitigation of geologic hazards. Although not expected to be needed for most projects, Rincon may use geotechnical subconsultants for particularly complex projects. We work with a number of geotechnical firms that are familiar with the CEQA environmental review process as well as City of Santa Ana and Orange County geotechnical requirements. Hazards and Hazardous Materials. The analysis of impacts relating to hazardous materials will typically be performed under the direction of Rincon's Professional Geologist/Certified Hydrogeologist. The assessment of hazardous materials may be based on existing information sources that are available for the project area, such as Phase I and Phase 11 environmental site assessments City of Santa Ana Proposal to Provide Environmental (CEQAINEPA) Consulting Services (ESA) or other technical reports that may be available from the project applicant or other property owners in the study area. However, Rincon also has the capability of performing ESA studies in conjunction with the EIR if such studies are not available from the applicant. The analysis will identify potential impacts that could result from project development. If impacts are identified, mitigation measures will be developed to avoid or minimize project impacts. Mitigation measures may include programs for further examination and delineation of potential hazardous materials spills or site uses as well as performance standards that must be met in order to comply with existing environmental regulations and to avoid or minimize hazards to human health and safety. Hydrology/Water Quality. This analysis will discuss potential impacts to hydrological conditions and water quality. Specific topics of discussion include: (1) the potential for flooding based on the Federal Emergency Management Agency Flood Insurance Rate Maps (FIRMS); (2) changes to drainage patterns, and the rate and amount of surface runoff; and (3) temporary and long-term impacts to surface water quality. For projects within already urbanized areas, impacts are typically assessed qualitatively based on review of FIRMS and County/City runoff restrictions and storm drain requirements. Water quality impacts are also typically discussed in a qualitative manner, relying on compliance with the discharge requirements of the National Pollutant Discharge Elimination System (NPDES) and the County's SUSMP. Land Use/Planning. The analysis of land use impacts will typically consider two separate issues: (1) compatibility of the proposed project with surrounding land uses; and (2) consistency with local land use policies, particularly those of the Santa Ana General Plan, Compatibility issues will be discussed in light of information provided in other sections of the EIR, the City's General Plan analyses, and in other CEQA studies conducted by the City. The compatibility analysis will consider the combined effects of all of these issues in relation to the land uses adjacent to the project site in order to determine the significance of impacts. In addition, this section would examine land use compatibility issues related to activities associated with the John Wayne Airport. The land use and policy consistency analysis will be supplemented with graphics, illustrating the existing land use pattern, the land use regulatory and jurisdictional pattern. If needed, mitigation measures may include siting recommendations, buffer systems or lighting controls (to address noise, light and glare, and nuisance contact), and design recommendations (setbacks, drainage control systems etc). Noise. Noise analysis will typically include evaluations of temporary impacts associated with construction and long-term impacts associated with project operation. Operational impacts may include both increased noise due to the proposed project (typically, due to traffic increases) and/or exposure of new sensitive uses to high ambient levels (most typically a concern for new noise -sensitive uses such as residences and schools adjacent to noisy roadways or commercial/industrial facilities). The criteria used to determine the significance of any impacts will be from the City's Noise Element and Noise Ordinance. This section will also examine potential noise impacts associated with aircraft activities associated with John Wayne Airport, as applicable. Temporary noise impacts associated with construction will typically be estimated based upon typical noise levels reported by the U.S. Environmental Protection Agency and standard noise attenuation factors. Noise levels associated with construction activities will be quantified and projected at sensitive use areas and compared to Noise Ordinance standards. City of Santa Ana Proposal to Provide Environmental (CEQA/NEPA) Consulting Services Operational impact analysis may involve: • Estimation of noise on -site based on a combination, led measurements and modeling • Estimation of post -project noise both on -site and at ne rby sensitive receptor locations • Comparison of post -project noise levels to applicable City thresholds Mitigation requirements will be identified, if necessary. Mitigation measures may include restrictions on construction equipment use, the construction of temporary sound barriers, recommendations for the re-routing of traffic, and the use of noise attenuation features and sound barriers to reduce traffic noise levels. Population/Housing. The two primary issues of concern with respect to population and housing relate to: (1) displacement of substantial numbers of residences; and (2) exceedance of local or regional population projections. The population and housing analysis will typically compare growth in population associated with a project to Southern California Association of Governments (SCAG) growth projections for the community. The analysis will typically consider both direct population growth impacts as well as possible secondary effects associated with projected job growth. The analysis may also consider the issue of jobs/housing balance, projected how a given project would affect the ratio of jobs and housing in the community. Public Services. Services that are most typically evaluated include fire and police service, schools, and parks. The analysis of impacts in these areas typically includes: • Consultation with service agencies • Review of existing service conditions • Evaluation and discussion of past and present status of public service provision in the project area • Identification and discussion of inadequate public services, that could result from the development of the project using industry and City standards • Discussion of fees and other programs in place to address deficiencies (e.g., school impact fees per SB 50, park in lieu fees) • Identification and discussion of feasible mitigation measures, as necessary Transportation/Circulation. EIR traffic analyses will typically be conducted by subconsultants and will be coordinated with the City traffic engineer. Subconsultants with whom Rincon has worked in the area and that we would consider for individual assignments include Kaku Associates, Austin - Foust Associates, Myer-Mohaddes Associates, Kimley-Horn & Associates, and Linscott, Law & Greenspan. EIR traffic analysis will typically involve the following tasks: Data collection, possibly include new traffic counts for the area • Estimation of project -generated traffic • Preparation of daily traffic forecasts for roadways in the study area and peak hour traffic forecasts for intersections in the study area, with and without the proposed project • Comparison of pre- and post -project volume -to -capacity ratios and levels of service to determine whether or not project generated traffic exceeds City thresholds • Discussion of the Congestion Management Program and comparison of project impacts to CMP standards and thresholds City of Santa Ana 7 Proposal to Provide Environmental (CEQA/NEPA) Consulting Services • Evaluation of the proposed parking supply to determine its adequacy • Analysis of potential traffic hazards that may be created by the proposed project because of site design or other issues • Development of mitigation measures for identified signtXcant impacts, possibly including physical improvements to the circulation system and/or methods to reduce project -generated traffic Utilities and Service Systems. Public utilities that may be affected by individual projects include water service, sewer service, and solid waste disposal. Impacts to the local storm drain system will typically be addressed in a Hydrology/ Water Quality section. The analysis will involve: • Consultation with utility providers, including submittal of written inquiries regarding project impacts and system deficiencies • Estimation of utility demands (water demand, wastewater and solid waste generation) based on rates from utility providers or other readily available factors • Comparison of projected demands to system capacities • As necessary, development of mitigation measures to reduce demands For regionally significant projects (more than 500 residential units or 500,000 square feet of non- residential development), the utilities analysis will need to be accompanied by a water supply assessment prepared pursuant to the requirements of Senate Bill (SB) 610. Water Supply Assessment. Senate Bill (SB) 610 requires the preparation of a water supply assessment for projects of more than 500 residential units or 500,000 square feet of non-residential development. The water supply assessment will be included as an appendix to the CEQA document and summarized in the utilities and service systems section. We assumes that the City has an up to date Urban Water Management Plan (UWMP) that will serve as a primary source of information for the water supply assessment. 3.0 PROJECT MANAGEMENT/CITY ROLE Rincon will have the overall responsibility for coordinating the environmental consultant team for all projects executed under this agreement. In addition to the overall project management, Rincon principals and technical staff will serve as the primary research analysts and authors of the reports. Rincon will manage subconsultants, as needed, to address issues that are beyond our in-house expertise. These areas include, traffic and circulation, cultural resources, and FAA and specialized technical studies related to airport activities. Rincon's project managers have developed a reputation for excellence in managing large-scale Planning projects throughout California. As planners and environmental analysts, we offer expertise in the preparation of project specific environmental impact studies (EIRs MNDs, EAs, ElSs, etc.), Programmatic environmental evaluations, as well as long range planning programs. 3.1 MANAGEMENT STYLE. Rincon employs project management techniques that are based on: • Clear communication between managers, subconsultants, and analysts • Peer and management review ofall documents • Use of issue -specific experts our Principals and senior staff are known for their technical expertise and communication ability. City of Santa Ana Proposal to Provide Environmental (CEQAINEPA) Consulting Services Project task scheduling is important and is monitored by all project managers. Rincon prides itself on the breadth of expertise possessed in-house. For City of Santa Ana CEQA and NEPA documents, we will use our principal planners, hazardous materials experts (REAs), geologists, biologists, and environmental scientists, along with subconsultant experts in transportation and cultural resources. Rincon has worked with each of our proposed subconsultant firms successfully in the past, and all are familiar with Santa Ana requirements. Specifically, Rincon has been involved in an open services contract to support the Santa Ana Redevelopment Agency with contamination assessment and remediation related issues. This local familiarity will help to ensure that the Santa Ana community and its decision -makers will receive high quality, responsive assistance. 3.2 QUALITY CONTROL and BUDGET MANAGEMENT. Rincon principals and senior staff involved in this project have served as technical experts in the planning and environmental industry and have been so recognized through professional awards. Our reputation stems from the ongoing quality control procedures we have established as part of our practice. We participate in ongoing training and practice peer review of our project work. Regular internal consultant team meetings will be held to review major phases of the project. We practice the following techniques to ensure quality and responsiveness: • Direct and open communication with the City's Project Manager and staff to facilitate mutual understanding of assumptions and decisions made • An interactive planning process with ample opportunity for product review and approval by the City • Use of concise summaries and clear presentation of analysis results for decision -makers • Use of graphics and comparison tables, highlighting critical points 3.3 CITY ROLE IN THE ENVIRONMENTAL REVIEW PROCESS. Rincon will take the lead role in all environmental review projects. Typically we would expect that the City's role would be limited to the following: • Providing guidance with respect to issues of concern and project objectives • Review of draft work products • Noticing and mailing of public review documents • Coordination of public meetings/hearings We emphasize that, if desired, Rincon can also perform noticing, mailing, and meeting management if desired by the City. 4.0 TYPICAL ENVIRONMENTAL DOCUMENT COSTS The costs to prepare EIRs, EISs, and other CEQA/NEPA environmental documents can vary widely, depending upon the complexity of the proposal, level of technical analysis required, and the amount of public controversy. All work under the on -call services agreement would be completed in accordance with our standard fee schedule, a copy of which is attached, and in accordance with a work scope that we would negotiate with the City prior to initiating the work. It is not possible to predict with a high degree of accuracy the actual costs for an individual project. For an EIR that includes analysis of all of the topics discussed in Section 2.0 of this proposal, the costs City of Santa Ana 9 Proposal to Provide Environmental (CEQAINEPA) Consulting Services can range from roughly $55,000 to $200,000. For very complex or highly controversial projects, costs can exceed $200,000. In reality, the scope of work for most EIR.s typically does not include all issues as the documents are most often focused on several key issues of relevance to 1. the particular project. In such a case, the cost for a relatively simple project may be lower. On the other hand, costs could potentially exceed the high end of $200,000 for projects involving multiple phases, numerous alternatives, or expanded public involvement programs that include newsletters, web page development, and other techniques. 5.0 FIRM EXPERIENCE AND PERSONNEL This section highlights the experience of key Rincon personnel. Rincon employs 56 professionals in three offices: Ventura, San Luis Obispo, and Carlsbad. Environmental review projects for the City of Santa Ana will be managed out of our Ventura office with support from our Carlsbad office. Qualifications and experience, including descriptions of many of our projects, is provided below. 5.1 KEY RINCON PERSONNEL. Qualifications of the key professionals who will be assigned to environmental review projects for the City of Santa Ana are shown on the attached organization chart. Resumes of key professionals are also attached. A brief description of key personal is included below. Stephen Svete, AICP, Principal and Director of Planning for Rincon Consultants, Inc, will serve as the Principal -in -Charge for City of Santa Ana projects. Steve has more than 20 years of experience in CEQA and NEPA document preparation, urban planning, urban design, and project management for both public agencies and private consulting firms. Abe Leider, AICP, Senior Planner will be the Project Manager and City of Santa Ana contact for Santa Ana projects. He has over 9 years of experience in long-range planning, permit processing and performing environmental impact analyses for public and private infrastructure and development projects under CEQA. Stephanie Vasconcellos, PG, REA 1, is a Senior Geologist with Rincon Consultants and will provide technical input on projects involving geologic and hazards analysis. She has over 19 years of experience conducting research, assessment and remediation projects. Walt Hamann, PG, CEG, CHG, REA I1, Principal with Rincon Consultants will provide technical oversight on projects involving geologic and hazards analysis. Walt has more than 20 years of experience performing environmental site assessments and geologic studies. Duane Vander Pluym, D. Env., Principal and Senior Environmental Scientist of Rincon Consultants, Inc, will serve as a principal investigator and quality assurance coordinator for the technical aspects of all projects. He holds a Doctorate from UCLA, and a Master's degree from UC Riverside. Joe Power, AICP, Principal with Rincon, will provide quality assurance and control for Santa Ana projects. Joe has over 15 years of experience and has managed numerous CEQA and NEPA documents for large planning programs as well as specific plans and individual site development projects. Cori Lindbeck-Vaught, is a Senior Planner with Rincon Consultants and will be one of the key team personnel for the City of Santa Ana projects. Ms. Lindbeck-Vaught has wide- ranging biological, ecological, and land -use planning experience, as well as a working knowledge of typical construction processes and experience communicating with federal and state regulatory agencies. Mark Neumeister is an Associate Planner with Rincon Consultants and will be one of the key team personnel for the City of Santa Ana projects. Mr. Neumeister has managed and contributed to numerous environmental impact analyses under CEQA and NEPA. John onkka is an Associate Planner with Rincon Consultants and will be one of the key team personnel for the City of Santa Ana projects. He holds a Bachelors degree in History. Mr. Onkka has over 12 years of environmental project management experience. Sean Wazlaw serves as an Associate Planner with Rincon Consultants and will be one of the key team personnel for the City of Santa Ana projects. Mr. Wazlaw has City of Santa Ana iD Proposal to Provide Environmental (CECWNEPA) Consulting Services City of Santa Ana Environmental Services Rincon Consultants Team Organizational Chart City of Santa Ana Planning and Building Agency I Stephen Svete, AICP I President Percentage Utilized: 5% Abe Leider, AICP Project Manager/Senior Planner Percentage Utilized: 20% Stephanie Vasconcellos, PG, REA Senior Geologist Percentage Utilized: 5% Duane Vander Pluym, D.ESE Vice President Env. Sciences Percentage Utilized: 5% Cori Lindbeck-Vaught Senior Planner Percentage Utilized: 15% John Onkka Associate Planner Percentage Utilized: 10% Katherine Warner, GISP GIS Analyst Percentage Utilized: 5% Walter Hamann, PG, CG, CHG, REA 11 Vice President, Environmental and Geological Services Percentage Utilized: 5% Joe Power, AICP PrincipaUSenior Planner Percentage Utilized: 10% Neumeister LMark Associate Planner centage Utilized: 10% Sean Wazlaw Associate Planner Percentage Utilized: 10% contributed to numerous environmental impact analyses under the CEQA and NEPA. Katherine Warner serves as Geographic Information System (GIS) Analyst with Rincon Consultants and will be 11 City of Santa Ana proposal to Provide Environmental (CEQAINEPA) Consulting Services the GIS specialist for the City of Santa Ana projects. She has assisted both public and private clients in the development and geoprocessing of GIS coverages, including overlay analyses of soil, vegetation, and watersheds, and county -wide digital floodplain layers. 5.2 SUBCONSULTANTS. Though our breadth of expertise allows us to perform most of the tasks necessary for the preparation of environmental documents in-house, Rincon works with various subconsultants to provide additional expertise on discrete topics. The most topics for which we most commonly retain subconsultants are traffic/circulation and cultural (historic and archaeological) resources. Firms with whom we have worked on each of these issues and may consider for individual projects are listed below. Traffic and Circulation Kaku Associates Austin -Foust Associates Linscott, Law £d Greenspan, Engineers Kimley-Horn & Associates Meyer Mohaddes Associates Aviation Consultant Aries Consultants Limited Photosimulation (Aesthetics) Interacta ArchFX Studios Cultural Resources • San Buenaventura Research Associates (historic) • Historic Resources Group (historic) • Galvin Preservation Associates (historic) • Conejo Archaeological Consultants (archaeological resources) • Robert Wlodarski (archaeological resources) • Applied Earthworks (both) Other issues for which we may retain subconsultants for specific projects include geotechnical concerns and hydrology/flooding. We work with a number of geotechnical and civil engineering firms that could be retained for such assignments and would determine the appropriate firms for individual projects in coordination with the City. 6.3 REPRESENTATIVE PROJECT EXPERIENCE rnylrUJUXICLILal c.�����- -- --- _ Los Angeles County Community Development Commission, Donald Dean, Environmental Officer, one: 3231890-7186 Rincon Consultants is currently in the second year of its third consecutive three year contract to provide as needed CEQA/NEPA documentation and consulting services to the Los Angeles Community Development Commission. Stephen Svete, AICP and Joe Power, AICP, have managed the preparation of all NEPA-required environmental documentation for projects proposed under the CDBG Program within unincorporated Los Angeles County and 48 cooperating cities within the county during this time frame. CEQA-required documentation was also prepared for those projects located within the unincorporated area. The environmental assessments followed the U.S. Housing and Urban Development short form methodology, which allowed for rapid assessment of environmental issues and processing of the documents. Under this contract, Rincon also provided on - site staffing for a three and one half month period during the Commissions recruitment of a new environmental compliance officer. Local Coastal Program Amendment and Environmental Impact Report - Ongoing City of Santa Ana 12 Proposal to Provide Environmental (CEQAIKEPA) Consulting Services Tom Bartlett Community Development Director City of Calabasas 818/878-4225 tbartlett(c�ci.calabasas.ca. us Greg Brown Community Development Director City of Port Hueneme 805/986-6553 gbrown(�ci port-hueneme ca us Craig Chalfant Environmental Review Project Mgr City of Long Beach 562/570-6368 Craig chalfant(a)longbeach gov Greg Smith Senior Planner City of Thousand Oaks 805/449"2329 cdorsmith(a)mx ci thousand-oaks.ca.us Donald Dean Environmental Officer County of Los Angeles 3231890-7186 donald.dean(a)lacdc.org Sue Martin Director of Environmental Services City of Oxnard 805/385-8207 sue marfin(a)ci.oxnard.ca.us 7.0 GENERAL TIME SCHEDULE AND FEES CEQA and NEPA processing schedules will vary from project to project, depending upon the complexity of the proposal, amount of technical data provided by the applicant, and other factors. A typical EIR schedule would require between 9 and 14 months. Processing time for Mitigated Negative Declarations requires typically between 4 to 9 months. We understand that project budgets will be developed upon assignment. Our Schedule of Fees is attached to provide information on professional billing rates. 8.0 INSURANCE Rincon Consultants carries general commercial, liability insurance, professional liability insurance, automobile liability insurance on hired and non -hired automobiles, and worker's compensation insurance. In addition to these policies, Rincon carries pollution liability insurance. Insurance limits are described in the following table. Copies of Rincon's insurance certificates including the City and its officers and employees as insured or additional insured can be provided to the City upon aware of this contract. Type of Insurance Aggregate Limit Each Occurrence Limit Commercial General Liability_$3,000,000 $2,000,000 Professional Liability $2,000,000 $2,000,000 Pollution Liability $2,000,000 $2,000,000 Automobile Liability $1,000,000 - Worker's Compensation -- 1 $1,000,000 City of Santa Ana 18 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative LIABILITY CERTIFICATE OFODUCER pAl E (MMIUUIr T ) INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INF00RMATD08 JUN RACORDM S_ D ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LEGENDS ENVIRONMENTAL INS.SVCS,LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2165 N GLASSELL STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AFFORDING COVERAGE NAIC# ORANGE, CA 92865 A-2008-131 LICENSE #OC798T5 INSURERS INSURER A: AMERICAN SAFETY CASUALTY INSURANCE NSURED RINCON CONSULTANTS, INC. INSURER B: 790 EAST SANTA CLARA STREET # 103 INSURER C: VENTURA, CA 93001 INSURERD: INSURER E: :OVERAGES ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. POLICIES, AGGREGATE ADOL TYPE OF INSURANCE PO POLICY NUMBER GATE LILY EFFECTIVE MMI POLICY EEKXPIRATION DATE MM/DOnY LIMITS ITB 3,000,000 SIR 12117/08 EACH OCCURRENCE 5 GENERAL LIABILITY ENVO07375-06-02 12/17106 RA AGE TO RENTED pREMI E aeccurencm a tOQ QQQ MED EXP IAn one Person) S 10,00o A X COMMERCIAL GENERAL LABILITY PERSONAL AADVINJURY S 3,000,000 CLAIMS MADE � OCCUR X CONTRACTORS POLL GENERALAGGREGATE S 3,000,000 PRODUCTS•COMP/OP AGE S 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JJECOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea wcidenp S TO NED AUTOS BODILY INJURY (Per person) S LEDAUTOS UTOS L j BOOILY INJURY (Peraccitlenp S NEOAUTOS �•; C' PROPERTY DAMAGE (Per aetidenl) S 'AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC AUTO ONLY: qGG S S EACH OCCURRENCE s EXCESSIUMBRELLA LIABILITY s OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION S CC I� TORY LIMNS ER WORKER'S COMPENSATION AND EMPLOYERS'LIABILTTY EL EACH ACCIDENT S EL DISEASE • EA EMPLOYEE S ANY PROPRIETORMARTNEReXECUTNE OFFICEROAEMBER EXCLUDED? EL DISEASE -POLICY LIMIT S If ezSPECIALtlesffibeunderPROVISIONS 4 6eMw LIABILITY 12/17/06 12/17/08 INCLUDEDIN ABOVE LIMITS j R TRO IF"OFESSIONAL CLAIMS MADE JENVOC7375-06-02 I SCRIPTION OF OPERATONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS HE CITY OF SANTA ANA , ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS DDITIONAL INSURED WITH RESPECTS TO WORK PERFORMED FOR THEM BY THE NAMED INSURED. ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF SANTA ANA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PLANNING BBUIDLINGAGENCY IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN NTHEINSUR GENTS OR 20 CIVIC CENTER PLAZA REPRESENTATIVES. SANTA ANA, CA 92702 AUTHORIZED REPRESENTATIVE OFINDEPENOE 1 U CEA NOT TcT AC(1RO cOR�P��Oq,'RA�-TI-O'^N-19m86 CORD 25 (2001/08) IFMPROICERTPROS.FP5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASCIC - ENV 98 011 11 04 ADDITIONAL INSURED COVERAGE ENDORSEMENT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed that the following provisions are added to the policy. A. The following shall be added to SECTION 1, COVERAGE A„ Par. 1. as subparagraphs d. and e. of the policy: d. Any person shown as an Additional Insured on a certificate of insurance issued by us or our authorized representative, or by endorsement to the policy, provided such person is required to be named as an Additional Insured in a written contract with you, shall be entitled to coverage hereunder solely for "claims" or "suits" for "bodily injury" or "property damage" arising solely out of your negligence. The limits of insurance provided to such Additional Insured shall be limited to the lesser of the limits of Insurance required in a written contract with you, or the limits of insurance as described in SECTION III - LIMITS OF INSURANCE under the policy. No obligation for defense or indemnity under the policy is provided to any Additional Insured for "claims" or "suits" directly or indirectly "arising from" the status, actions or inaction, including (without limitation) for vicarious, derivative or strict liability of said Additional Insured, its agents, consultants, servants, contractors or subcontractors (other than the Named Insured), except for the actions or inactions of the Named Insured. e. We will have no duty to defend any insured, other than the Named Insured, except when the sole allegation against that insured is vicarious liability for the sole negligence of the Named Insured. All terms, conditions and exclusions of the policy, including, but not limited to, any deductible or self - insured retention, shall apply to such Additional Insured. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. THE cMTY OF SANTA ANA, ITS OFFPCERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES. ENV 98 011 11 04 Copyrighl® 2004 American Safety Casualty Insurance Company Page 1 of 1 ntNcuN CONSIfLTANTS, 1 POI.ICY N ENVO07375-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASCIC - ENV 98 036 If 04 PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed as follows. Any person, organization or project with whom the named insured executes a written contract prior to the start of a project and is shown on a certificate of insurance issued by our authorized representative prior to the start of a project CITY OF SANTA ANA, ITS 0F14110ERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES. Solely with respect to the specified project listed below and subject to all terms, conditions and exclusions of the policy, this insurance shall be considered primary to the Additional Insured listed below if other valid and collectible insurance is available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A. It is also agreed that any other insurance maintained by the additional insured shall be non-contributory. Various, but only work performed by Rincon Consultants, All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged, ENV 98 036 11 04 Copyright® 2004 American Safety Casualty Insurance Company Page 1 of 1 ER I ITE IS ISSUED AS THIS • FAX (949) 348-2373 • ONLY ANDCONFERSNO RIGHTS UPON THE PRODUCER (949)348-7400 Insurance Solutions HOLDER. THIS CERTIFICATE DOES NOT AME License #0746539 26522 La Alameda, Suite 190 Mission Viejo, CA 92691 INSURED RINCON CONSULTANTS INC 790 E. SANTA CLARA STREET 103 VENTURA, CA 93001 INSURERS AFFORDING COVERAGE INSURERA- The Hartford INSURER B. Del os INSURER C INSURER D' INSURER E OR NAIC # OVERAGESOD ANY THE POLICIES OF INSURANCE: OR CONDITION OF AHM E BEEN ISSUED TO TI�i INSURED NY CONTRACT OR OTHER DOCUMENT WITH RESPECTO WHICH THIS NAMED TCEIRTTIFICCATE MAY NOBE IS SUED OR THSTANDING MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSPOLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR tEACHOCCURRENCE S RENTED $ny one person) S & ADV INJURY $AGGREGATE S PRODUCTS COMPIOP AGO $ GEN'L AGGREGATE LIMIT APPLIES PER'. PRO- LOC POLICY JECT 72UEC705944 0107/2008 01/07/2009 COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (Per persan) X SCHEDULED AUTOS A BODILY INJURY $ X HIRED AUTOS _ (Per accident) X NON -OWNED AUTOS , PROPERTY DAMAGE $ (Per accident) . AUTO ONLYEAACCIDENT S THAN EA ACC $ GARAGE LIABILITY ANY AUTO AUTO AUTO ONLY AGO $ EXCESSIUMBRELLA LIABILITY - ,- EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND DCP000341-00 02/01/2008 02/Ol/2009 WC STATU- OTH- X E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY EL DISEASE - EA EMPLOYE $ B ANY PROPRIETORIPARTNEWEXECITDVE OFFICERIMEMBER EXCLUDED4 .. .____._.._._. E. L. DISEASE -POLICY LIMIT 5 OTHER 1 IESCRIPTIONOFQPERATION I LOCATIONS I VEHICLES I EXCLUSIONS ADDED VENDORSEMENT! PECIAL PROVISIONS he City, Tts offsers, employees, agents, volunteers ands representatives need to be listed as additional nsured per the attached endorsements. Days Written Notice for Non -Payment of Premium. City of Santa Ana Planning & Building Agency 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENNTTATIVES. AUTHORRED REPRESENTATIVE Tony Alessandra HERES W*rT Lam✓ ©ACORD CORPORATION 1988 ACORD 25 (2001108) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 990306 WAIVER OF SUBROGATION We agree that in consideration of the additional premium charged, the Right of Subrogation Clause contained in this policy is hereby waived as respects the following person or entities: "Any person or organization to whom you are obligated by valid written contract wherein you have agreed to furnish this waiver." This endorsement applies only to those persons or entities listed in the foregoing paragraph. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work for which this waiver will apply. 11 be The additional premium for this nand will endorsement the n be collected oupon completion of he final audit. of the California workers' mpensation premium This endorsement changes the policy to which it is attached effective on the inception date of the policy unless different date is indicated below. Endorsement Effective Rincon Consultants, Inc (A Corp) Named Insured 2/1/2008 Policy No. DCP000341-00 Insurance Company Endorsement No. DELOS INSURANCE COMPANY 001 Countersigned By )olicy # : 72SBATV4044 01/07/2008 - 01/07/2009 COMMERCIAL AUTOMOBILE 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 A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declara- tions is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph AA. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. Page 1 of 3 Form HA 99 16 03 02 ® 2001, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) 3. 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $50,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss" or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provided a limit of $50 per day and a maximum limit of $1, 000. S. LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, if a long-term leased "auto" is a covered "auto" and the lessor is named in the policy as a Loss Payee, we will pay in the event of a total "loss" your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. SOUND RECEIVING AND TRANSMITTING EQUIPMENT - BROADENED COVERAGE Paragraphs BA.c. & d. - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE do not apply to equipment designed solely for receiving or transmitting sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. Page 2 of 3 Form HA 99 16 03 02 14. HIRED AUTO - COVERAGE TERRITORY 11. TWO OR MORE DEDUCTIBLES Paragraph e. of GENERAL CONDITIONS 7. - Under Paragraph D. - DEDUCTIBLE - of SECTION POLICY COVERAGE TERRITORY - Of III - PHYSICAL DAMAGE COVERAGE, the , SECTION IVI BDUSIINESS AUTO CONDITIONS is following is added: replaced by the following: If another Hartford Financial Services Group, Inc. For short-term hired "autos", the coverage company policy or coverage form that is not an e. territory with respect to Liability Coverage is automobile policy or coverage form applies to the anywhere in the world provided that if the same "accident", the following applies: "insured's" responsibility to pay damages for (1) If the deductible under this Business Auto "bodily injury" or "property damage" is Coverage Form is the smaller (or smallest) determined in a "suit," the "suit" is brought in deductible, it will be waived; the United States of America, the territories (2) If the deductible under this Business Auto and possessions of the United States of in a Coverage Form is not the smaller (or America, Puerto Rico or Canada or smallest) deductible, it will be reduced by the settlement we agree to. amount of the smaller (or smallest) 15. WAIVER OF SUBROGATION deductible. TRANSFER OF RIGHTS OF RECOVERY 12. AMENDED DUTIES IN THE EVENT OF AGAINST OTHERS TO US - of SECTION IV - ACCIDENT, CLAIM, SUIT OR LOSS BUSINESS AUTO CONDITIONS is amended by The requirement in LOSS CONDITIONS 2.a. - adding the following: DUTIES IN THE EVENT OF ACCIDENT, CLAIM, We waive any right of recovery we may have SUIT OR LOSS - of SECTION IV - BUSINESS against any person or organization with whom AUTO CONDITIONS that you must notify us of an you have a written contract that requires such "accident" applies only when the "accident" is waiver because of payments we make for known to: damages under this Coverage Form. (1) You, if you are an individual; 16. RESULTANT MENTAL ANGUISH COVERAGE (2) A partner, if you are a partnership; The definition of "bodily injury" in SECTION V- (3) A member, if you are a limited liability DEFINITIONS is replaced by the following: company; or "Bodily injury" means bodily injury, sickness or (4) An executive officer or insurance manager, if disease sustained by any person, including you are a corporation. mental anguish or death resulting from any of 13. UNINTENTIONAL FAILURE TO DISCLOSE these. 17. EXTENDED CANCELLATION CONDITION HAZARDS If unintentionally fail to disclose any hazards Paragraph 2. of the COMMON POLICY you existing at the inception date of your policy, we CONDITIONS - CANCELLATION - applies except will not deny coverage under this Coverage Form as follows: because of such failure. If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Page 3 of 3 Form HA 9916 03 02 ACO�?DM CERTIFICATE OF LIABILITY INSURANCE ° 12/17/2008 PRODUCER Serial # A14516 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LEGENDS ENVIRONMENTAL INS.SVCS,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2165 N GLASSELL STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ORANGE, CA 92865 LICENSE #OC79875 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: AMERICAN SAFETY CASUALTY INSURANCE RINCON CONSULTANTS, INC. INSURER B: 790 EAST SANTA CLARA STREET # 103 INSURER C: VENTURA, CA 93001 INSURER D: INSURER E: COVERAGES 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADVL NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDIYY POLICY EXPIRATION DATE MMlDDN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 3,000,000 A X COMMERCIAL GENERAL LIABILITY ENVO07375-08-03 12/17/2008 12/17/2011 DAMAGE TO RENTEDPREMISES $ 100,000 CLAIMS MADE FRI OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 3,000,000 X CONTRACTORS POLL GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 POLICY 7 PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY / AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ $ WORKER'S COMPENSATION AND NC STATU- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT Is ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under EL DISEASE - EA EMPLOYEE $ EL DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below A PROFESSIONAL LIABILITY ENVO07375-08-03 12/17/2008 12/17/2011 INCLUDED IN ABOVE LIMITS CLAIMS MADE RETRO DATE 12/9/94 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF SANTA ANA , ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO WORK PERFORMED FOR THEM BY THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF SANTA ANA PLANNING & BUIDLING AGENCY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 20 CIVIC CENTER PLAZA IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND PfJON THE INSUR AGENTS OR SANTA ANA, CA 92702 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE OF INDEPENDE IN URANCE A I:}, AL,uku Lb (zLiu Utf) M AUTRD CORPORATION 1988 C:\FMPRO\CERTPROS.FP5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AL,UKLJ L, (2UU1/UU) THIS ENDORSEMENT (flANGES THE POIACY. PLEASE, kFAD IT CAREFULLY. ASCIC - ENS' 98 011 11 04 ADDITIONAL INSURED COVERAGE ENDORSEMENT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed that the following provisions are added to the policy. A. The following shall be added to SECTION I, COVERAGE A., Par. 1. as subparagraphs d. and e. of the policy: d. Any person shown as an Additional Insured on a certificate of insurance issued by us or our authorized representative, or by endorsement to the policy, provided such person is required to be named as an Additional Insured in a written contract with you, shall be entitled to coverage hereunder solely for "claims" or "suits" for "bodily injury" or "property damage" arising solely out of your negligence. The limits of insurance provided to such Additional Insured shall be limited to the lesser of the limits of insurance required in a written contract with you, or the limits of insurance as described in SECTION III - LIMITS OF INSURANCE under the policy. No obligation for defense or indemnity under the policy is provided to any Additional Insured for "claims" or "suits" directly or indirectly "arising from" the status, actions or inaction, including (without limitation) for vicarious, derivative or strict liability of said Additional Insured, its agents, consultants, servants, contractors or subcontractors (other than the Named Insured), except for the actions or inactions of the Named Insured. e. We will have no duty to defend any insured, other than the Named Insured, except when the sole allegation against that insured is vicarious liability for the sole negligence of the Named Insured. All terms, conditions and exclusions of the policy, including, but not limited to, any deductible or self - insured retention, shall apply to such Additional Insured. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. THE CITY OF SAh'TA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES. ENV 98 011 11 04 Copyright© 2004 American Safety Casualty Insurance Company Page 1 of 1 THIS F,NllORSI?MENT' (-:HANGES'I'HI? POLICY. PLEASE kr;AI) IT CAREFULLY. ASCIC - ENV 98 036 11 04 PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed as follows. Solely with respect to the specified project listed below and subject to all terms, conditions and exclusions of the policy, this insurance shall be considered primary to the Additional Insured listed below if other valid and collectible insurance is available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A. It is also agreed that any other insurance maintained by the additional insured shall be non-contributory. rnameAdditional Insured(s) Specified Project. d , organization or project with whom the Various, but only work performed by Rincon Consultants, red executes a written contract prior to the roject and is shown on a certificate of sued by our authorized representative prior to the start of a project THE CITY OF SANTA ANA, ITS OFFICE RS,EMP F ES, AGENTS, VOLUNTEERS, AND REPRESENTATIVE All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ENV 98 036 11 04 Copyright© 2004 American Safety Casualty Insurance Company Page 1 of 1 A9O M CERTIFICATE OF LIABILITY INSURANCE 02/04/2009) PRODUCER (949) 348-7400 FAX (949) 348-2373 Insurance Solutions License #.0746539 26522 La Alameda, Suite 190 Mission Viejo, CA 92691 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED RINCON CONSULTANTS INC 790 E. SANTA CLARA STREET 103 VENTURA, CA 93001 INSURERA: Hartford Casualty Ins Co 29424 INSURERB: Hartford Fire Ins Co 19682 INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1kDD`L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED P. $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO 72UEC305944 01/07/2009 01/07/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND 72WECFZ9243 02/01/2009 02/01/2010 X WC STATU_ OTH- B EMPLOYERS' LIABILITY ANY PROPRic.ORIPARTNERIEXECUTIVF. E.L. EACH ACCIDENT $ 1,000,000 - — E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICERJMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I I E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF QPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED Y ENDORSEMENT ! PPECIAL PROVISIONS The City, its offers, employees, agents, volunteers and representat�i � aiv insured per the attached endorsements. k10 Days Written Notice for Non -Payment of Premium. Laura �Ltu Sheedy City of Santa Ana Planning & Building Agency 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Al ACORD 25 (2001108) ©ACORD CORPORATION 1988 POLICY NUMBER: 72UECJ05944 EFFECTIVE: 01107/2009 COMMERCIAL AUTOMOBILE 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 A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declara- tions is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. Form HA 99 16 03 02 Page 1 of 3 ® 2001, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $50,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (f you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provided a limit of $50 per day and a maximum limit of $1,000. 6. LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, if a long-term leased "auto" is a covered "auto" and the lessor is named in the policy as a Loss Payee, we will pay in the event of a total "loss" your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. SOUND RECEIVING AND TRANSMITTING EQUIPMENT - BROADENED COVERAGE Paragraphs B.4.c. & d. - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE do not apply to equipment designed solely for receiving or transmitting sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 9. EXTRA EXPENSE -BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. Form HA 99 16 03 02 Page 2 of 3 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Form HA 99 16 03 02 Page 3 of 3