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HomeMy WebLinkAboutRINCON CONSULTANTS, INC. 4 -2014INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF CODUWO 9 I DATE, O 0A /hlaAihe\1er nh" psi AGREEMENT FOR PROVISION OF ENVIRONMENTAL CONSULTANT SERVICES N- 2014 -020 THIS AGREEMENT, made and entered into this I" day of January, 2014 by and between Rincon Consultants, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City issued Request for Qualifications (RFQ 13 -054) on September 12, 2013, in order to retain a consultant having special skill and knowledge in the field of environmental consulting services. 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 consulting services, including preparation, distribution and filing of environmental noticing documents, preparation of studies and technical reports and other necessary services, on an on -call basis, at the written direction of the Executive Director of the Santa Ana Community Development Agency, or his /her designee, in compliance with the Scope of Work, attached hereto and incorporated herein as Exhibit A. Consultant's Proposal, attached hereto as Exhibit A. The Consultant will provide an experienced, educated and professional team, whose Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. Consultant acknowledges and agrees to all of the terms and conditions of each of the exhibits attached hereto and 'incorporated herein 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Community Development Agency, or his /her designee, and the representative of the Consultant shall be the Program Manager or his /her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any 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 information systems, as agreed between the Project Manager and Consultant. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto and incorporated herein as Exhibit B. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Invoices. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: Consultant's invoice number ii. Beginning and ending dates of services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice c. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional environmental consultant. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2017, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Community Development Agency and the City Attorney. 6. 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. 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 which 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 and in the aggregate. Such insurance shall be endorsed as follows: (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (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. 8. 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 death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. 9. 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. 10. 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. 11. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 Courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 Fax 71.4- 647 -6549 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. BOX 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Consultant: Rincon Consultants, Inc. 1800 N. Ashwood Ave. Ventura, California 93003 Phone (805) 644 -4455 Fax (805) 644 -4240 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 facsimile, 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in 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. 13. 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. 14. 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. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements under this contract in strict observance of and in compliance with The California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and those regulations enforced by the California State Historic Preservation Officer (SHPO), as each may be amended or updated from time to time. b. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. 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. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties 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. 18. 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: � j MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City �A,.tttorney Byl/7/vis c9�—c Lisa Storck Assistant City Attorney CITY OF SANTA ANA DA D CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Rincon Consultants, Inc. Interim Exec v erector munit Comy evelopmentAgency z'WW' / Stephen S Vice President LIST OF EXHIBITS: Exhibit A — Scope of Work Exhibit B — Proposers Statement & Fee Schedule Exhibit C — Additional Insured Endorsement Exhibit D — References Exhibit E — Proposal & Contract Agreement /Proposers Statement Exhibit F — Certification of Non - Discrimination Exhibit G — Non - Collusion Affidavit 10 EXHIBIT A CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES SCOPE OF SERVICES The Housing and Neighborhood Development Division of the City of Santa Ana's Community Development Agency is responsible for the administration and oversight of the City's Housing activities. From time to time the Division requires additional professional environmental services and technical expertise. The City of Santa Ana is issuing this Request for Qualifications (RFQ) for Environmental Services to indentify consultants who have extensive experience working with public entities to provide planning and environmental review services. II. Scope of Work The Consultant shall provide environmental services under the direction of City staff. The consultant will be expected to provide experienced and knowledgeable professional staff. The Consultant shall be committed to provide adequate staffing levels at all time in order to adhere to established schedules. The Consultant shall be knowledgeable of federal state and local regulations, policies and procedures as they pertain to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Selected consultants shall have demonstrated expertise in preparing environmental noticing documents, preparation of studies and technical reports as required by CEQA and NEPA those include, but are not limited to: Environmental Assessment (Phase 1 & 2), Lead & Asbestos Testing, Cultural Resource Study, Soils Testing, Preparation of documents necessary for compliance with NEPA and CEQA. City of Santa Ana Community Development Agency Request for Qualifications Environmental Services Page 9 Exhibit A - SCOPE OF SERVICES We anticipate the primary services needed by the City of Santa Ana (City) will involve the preparation of environmental documentation required under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Rincon Consultants (Rincon) has extensive experience with the full range of document types under both CEQA and NEPA. The general work scopes for the various types of CEQA and NEPA documents anticipated to be needed for City - sponsored housing projects are described below. 2.1 CEQA DOCUMENTATION Depending on the type of project proposed, CEQA documentation may consist of categorical exemptions, negative declarations/ mitigated negative declarations, or environmental impact reports. The general work scope for each of these documents is described below. Categorical Exemptions Categorical exemptions (CEs) typically involve a one -page notice of exemption (NOE) that briefly summarizes the project and cites the provision of the CEQA Guidelines that exempts the project from CEQA's environmental review requirements. Section 15033 of the CEQA Guidelines exempts projects involving up to three single family residences or six multi- family residences. A sample NOE is provided in Appendix E of the CEQA Guidelines. The NOE is filed with the County Clerk and /or State Clearinghouse. No public review of the NOE is required. In some cases, CEs are accompanied by technical studies supporting the position that the project being considered would not have significant environmental effects due to unusual circumstances. The need for such studies depends on the nature and location of the project. CEs with no technical studies can be completed within 1 -2 days. CEs with supporting technical studies can typically be completed within 2 -4 weeks. Negative Declarations /Mitigation Negative Declarations We anticipate that most projects can be processed with negative declarations/ mitigated negative declarations (NDs /MNDs), which will involve the steps described below. The ND/ MND process will typically take 3 -6 months. 1. Project Description: Rincon will prepare a detailed project description to be used as the basis of an initial study (IS). The project description will also be suitable for inclusion in staff reports or other presentations. A summarized version of the project description will be prepared for public notices, including the notice of preparation (NOP). 2. IS: Rincon will prepare an IS based on the checklist contained in Appendix G of the CEQA Guidelines. We have in -house technical expertise to prepare supporting studies for nearly all of the items on the Initial Study Checklist as needed for individual projects. These include, but are not limited to: Visual resources analysis, including detailed shade/ shadow studies Air quality and greenhouse gas studies Biological resources surveys, assessments, and regulatory compliance Certified arborist services Cultural resource surveys Phase I and Phase II environmental site assessments Hazardous materials characterization and remediation Noise studies, including sound measurement and impact modeling Where more detailed studies are required (e.g., for issues such as traffic), we have excellent and long- standing relationships with subconsultants specifically qualified for those reports, including Kunzman Associates. Draft ND /MND: Assuming that the IS does not identify any significant impacts, Rincon will prepare an ND or MND. We will also prepare and circulate a notice of intent to adopt an ND /MND, per the CEQA Guidelines. 4. Final ND /MND: Rincon will prepare a Final ND /MND after the close of the public review period. The Final ND /MND will include all comments received by the City during public review and responses to those comments (note that although preparation of written responses is not required for NDs /MNDs, most agencies demonstrate that comments have been considered by preparing written responses). An administrative draft version of the responses to comments will be submitted to the City for review and comment. Once City comments on the administrative draft document are received, a Final ND /MND (ND /MND plus responses to comments) will be prepared.'If mitigation measures are required, the final ND /MND will also include a mitigation monitoring and reporting program (MMRP) outlining how the City will ensure that required measures are implemented. 5. Meetings and Presentations: The number of public hearings and meetings with City staff, other public agencies and applicant representatives will be identified based on each specific project. Environmental Impact Reports Larger projects that have unavoidably significant environmental impacts will require environmental impact reports (EIRs), which will involve the steps described below. The FIR process will typically take 9 -12 months. 1. Project Description: Rincon will prepare a detailed project description to be used as the basis of the IS and EIR. The project description will also be suitable for inclusion in staff reports or other presentations. A summarized version of the project description will be prepared for public notices, including the NOR 2. IS: Rincon will prepare an IS based on CEQA Guidelines. As noted above, we have in- house technical expertise to prepare supporting studies for nearly all of the items on the Initial Study Checklist. 3. NOP: When an FIR is required, Rincon will prepare and circulate an NOP of a Draft FIR, notifying the public and agencies that an EIR will be prepared for the project. This document will typically be circulated with the IS for a period of 30 days. 4. Administrative Draft EIR: Rincon will prepare an Administrative Draft EIR, addressing all potential environmental impacts of the proposed project. Issues studied in the Administrative Draft FIR will include those for which the IS identifies potentially significant impacts. 5. Draft EIR: As directed by the City, we will revise the Administrative Draft FIR and produce a designated number of copies of a Draft EIR, suitable for public distribution. Original camera -ready and electronic copies of the Draft FIR will be provided to the City. The Draft EIR will be prepared in accordance with the CEQA Guidelines and will include all required sections and analysis intended to identify the potentially significant effects of a project on the physical environment, assess the extent to which the significant effects could be reduced or avoided, and identify and evaluate feasible alternatives to the project. 6. Administrative Draft Responses to Comments /Final EIR: Rincon will prepare a Final EIR after the close of the public review period. The Final EIR will include all comments received by the City during public review and responses to those comments. An administrative draft version of the responses to comments will be submitted to the City for review and comment. Once City comments on the administrative draft document are received, a Final EIR (Draft EIR plus responses to comments) will be prepared. The Final FIR will also include an MMRP outlining how the City will ensure that required mitigation measures are implemented. 7. Meetings and Presentations: The number of public hearings and meetings with City staff, other public agencies and applicant representatives will be identified based on each specific project. m• We assume that federal funding will generally come from the United States Department of Housing and Urban Development (HUD). Consequently, we anticipate that HUD's regulations for implementing NEPA (contained at Part 58 of Title 24 of the Code of Federal Regulations (24 CFR Part 58) will dictate what type of environmental document will be needed. We anticipate that two types of documents may be required, depending on the project type and size: categorical exclusions (CEs) and environmental assessments/ findings of no significant impact (EA /FONSIs). Our general approach to each type of document is described below. We assume that no projects would require preparation of an environmental impact statement (EIS), though Rincon can prepare such documents if determined to be necessary for individual projects. NEPA- CEs We anticipate that most projects to be reviewed will be categorically excluded from NEPA review under 24 CFR Part 58.35 and will convert to exempt. Projects that are typically categorically excluded include acquisition and rehabilitation of existing structures not involving changes in land use or density increases of more than 20% and new construction involving four or fewer residential units. We anticipate that the documentation for categorically excluded projects will involve the following: • Preparing a HUD Statutory Worksheet documenting compliance with 24 CFR Part 58.5 • Preparing an Environmental Review Record documenting compliance with 24 CFR Part 58.6 • Preparing a Determination of Categorical Exclusion form Required forms for all of the above will be filled out entirely, citing appropriate source material in support of all conclusions. We do not anticipate that specific technical studies will typically be needed for these types of projects, though historic reviews may be necessary for rehabilitation projects involving buildings over 50 years old. EA/FONSI Certain projects may not be categorically excluded from NEPA review and, therefore, would require the preparation of an EA /FONSI. Projects that would typically require an EA /FONSI include rehabilitation projects involving a density increase of more than 20% and new construction involving five or more residential units. The requirements for EA /FONSIs are described in 24 CFR Part 40. Completion of an EA/ FONSI will typically involve the following: • Preparing a HUD Statutory Checklist documenting compliance with 24 CFR Part 58.5 • Preparing a HUD Environmental Assessment Checklist • Preparing an Environmental Finding Form indicating the level of environmental clearance • Preparing a HUD Environmental Form for Statutes and Regulations at 24 CFR Part 58.6 EA /FONSIs will typically be accompanied by historic and archaeological reviews prepared pursuant to Section 106 National Historic Preservation Act. These reviews will involve record searches and field surveys to determine whether or not a proposed action has the potential to affect a resource that is listed on or eligible for listing on the National Register of Historic Places. These documents will normally need the concurrence of the State Historic Preservation Officer (SHPO). merflum CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONWNTAL SERVICES PROPOSERS STATEMENT AND QUALIFICATION FEES SCHEDULE Cerfifirvatlon -- I certify that I have read, understand and agree to the teams and conditions of this Ragnes;t tzar Qualifications. I have examined the scope of services (Exhibit: A) and am familiar with the scope of work locations. I am familiar whin all the existing conditions, and (imitation that may impact work rerfnests. i understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to they milarnission Of my Proposal. FEE SC-HEQUILE Mesas Provide a list of environmental services and forma that the firm has provided and can provide to the City, along with a proposed tors schedule. See a tiauaaed list of Fnnviavruinentstl ,.011yu tine; S novice pr ovidcd by'Rincon Cot sra'Itants services Rineon Consrxlto n ts, Isnc,_ 760-918-944d LEGAL. NAME OF COMPANY m m PHONE AND FAX 503.5 Avcnida ]incin is, Suite A C arlrbad, California 92008 BUSINESS ADDRESS oe Power, AICP (14" ZED AGENT TITLE 7'7- 039 -10093 904732 .......... FEDERAL ID v10. OF APPLICABLE) CONTRACTOR LICENSE NO, (IF APPLICABLE) City of Sang Ann Community Development Agency Re guest for Ouaiificntions Environmental Services Page 10 Exhibit B — Proposers Statement and Qualification Fee Schedule Attachment 1— Rincon Services Rincon successfully executes environmental consulting services by translating complex environmental issues into understandable concepts and recommendations. By assigning appropriate resources, conducting thorough and accurate assessments, and crafting appropriate solutions, our services streamline the function of government agencies every day. Our core areas of expertise are listed below: • CEQA Compliance — Environmental Impact Reports (EIRs) — Initial Studies (IS) /Mitigated Negative Declarations (MNDs) — Categorical Exemptions — Mitigation Monitoring Reporting Programs (MMRPs) • NEPA Compliance — Environmental Impact Statements (EISs) — Environmental Assessments (EAs) — Categorical Exclusions • Planning Services — General Plans and Specific Plans — Neighborhood Planning and Community Involvement Programs — Contract Planning Services • Alternative Transportation: Pedestrian/ Bicycle Planning • Corridor Studies: Rails to Trails, Roadway Widening and Utility Alignments • Caltrans Preliminary Environmental Analysis Reports (PEARs), Natural Environment Study (NES), Initial Site Assessment (ISA) • Mitigation Monitoring Plan Implementation and Construction Monitoring • Storm Water Pollution Prevention Plans (SWPPPs) • Noise Studies • Air Quality and Greenhouse Gas (GHG) Emissions Analyses • Water Supply Assessment • Peer Review of CEQA and NEPA Documents and Technical Studies • Phase I and Phase II Environmental Site Assessments • Preliminary Endangerment Assessments • Hazardous Waste Characterization and Remediation: Soil and Groundwater Assessment, Groundwater Monitoring, Remedial Action Plans, and Closure Reports • Underground Storage Tank Removal and Investigation • Site Remediation: Urban Redevelopment Remediation and Monitoring, In -situ Remediation System Design, and Construction, Monitoring and Maintenance • Health Risk Assessments • Risk Based Corrective Action Modeling Exhibit B - Proposers Statement and Qualification Fee Schedule Attachment 1- Rincon Services • Geological and Seismic Studies • Expert Witness/ Litigation Support r • Baseline Biological Resources Inventories and Vegetation Mapping • Rare, Threatened, and Endangered Plant and Wildlife Species Surveys • Wetland Delineations • Arborist Studies • Complete Regulatory Compliance and Mitigation Planning • Drainage/ Wetlands Permits • Coastal Development and Grading Permits • Federal Endangered Species Act Section 7 Consultations and Section 10 Habitat Conservation Plans • California Endangered Species Act Permits and Natural Community Conservation Plans • Wetland, Riparian, and Upland Habitat Revegetation and Restoration Planning • Construction and Mitigation Monitoring Cultural Resources • Cultural Resource Surveys • California Register of Historical Resources and National Register of Historic Places Eligibility Evaluations: Archaeological Site Testing, Historic Built Environment Resource Evaluation • CEQA and Section 106 and 110 /Natural Historic Preservation Act (NI-IPA) Compliance Studies • Archeological Data Recovery Programs • Phase I, II, and III Paleontological Resources Analysis • Cultural Resources Construction Monitoring and Training • Native American Consultation Sustainabillty Services • Climate Action Planning • Sustainability Ordinance Development • GHG Emissions Assessment and Verification • LEED /Green Building and Neighborhood Consulting • GIS Mapping and Data Management • Computer Aided Drafting (CAD) and Design • Graphic Design and 3 -D Photo - simulation Exhibit B — Proposers Statement and Qualification Fee Schedule Attachment 2 — Fee Schedule Rincon Consultants Standard Fee Schedule for Environmental Sciences and Planning Services Rincon Consultants' fee schedule is based on the time that is charged to projects by our professionals and support staff. Direct costs associated with completing a project are also billed to the project as outlined under Reimbursable Expenses below. The following sets forth the billing rates for our personnel. Expert witness services consisting of depositions and in -court testimony are charged at a rate of $295 /hour. Photocopying and Printing Photocopies will be charged at a rate of $0.08 /copy for single -sided copies and $0.16 for double -sided copies. Colored copies will be charged at a rate of $1.00 /copy for single -sided and $2.00 /copy for double -sided or 11" x17" copies. Oversized maps or display graphics will be charged at a rate of $8.00 /square foot. Reimbursable Expenses Expenses associated with completing a project are termed Reimbursable Expenses. These expenses do not include the hourly billing rates described above. Reimbursable expenses include, but are not limited to, the following: Direct costs associated with the execution of a project are billed at cost plus 15% to cover General and Administrative services. Direct costs include, but are not limited to, laboratory and drilling services charges, subcontractor services, authorized travel expenses, permit charges and filing fees, printing and graphic charges, mailings and postage, performance bonds, sample handling and shipment, equipment rental other than covered by the above charges, etc. Communications charges and miscellaneous office expenses (including PDAs, cell phones, phone, fax, and electronic data transmittals, digital cameras, photo processing etc.) are billed at 3% of total labor. 2. Vehicle use in company -owned vehicles will be billed at a day rate of $85 1day for regular terrain vehicle use and $135 per day for 4 -WD off -road vehicle use, plus $0.85 1mile for mileage over 50 miles per day. For transportation in employee - owned automobiles, a rate of $0.85 /mile will be charged. Rental vehicles will be billed at cost plus 15%. (!-may T -Crg k4i� ..C.,L -- �R°® CERTIFICATE OF LIABILITY INSURANCE uvvtnAueu ChHTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DATE 03/06/2014 03/06 /2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(s), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER LEGENDS ENVIRONMENTAL INSURANCE SERVICES 130 VANTIS DR. STE 25 ALISO VIEJO, CA 92656 LICENSE NOC79875 NOMTACT PHONHFe E F c -MAIL DRESS: INSURER($) AFFORDING COVERAGE NAIC g INSURERA: AMERICAN SAFETY INDEMNITY COMPANY IA IX INSURED RINCON CONSULTANTS, INC. 180 NORTH ASHWOOD AVENUE VENTURA, CA 93003 INSURERS ENV030030 -11 -01 INSURER C: _ INSURER O: $ 3,000,000 uR 50,000 NSURER F: $ 10,000 uvvtnAueu ChHTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ICTR TYPE OF INSURANCE aNSR SUVD POLICY NUMBER MMLOO EFF MOLpCOV YP LIMITS A GENERALLIABILITY X X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OOCCUR ENV030030 -11 -01 9/22/2011 9/22/2014 EACH OCCURRENCE $ 3,000,000 DA AGE T RENTED PREMISES (Ea occurrence ) 50,000 MEO EXP IAny one person) $ 10,000 X CONTRACTORS POLL PERSONAL BADV INJURY $ 1000,000 ' X XCU GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' X F! POLICY JR� LOG F PRODUCTS- COMP(OPAGG S 4.000,000 i - -- $ A AUTOMOBILE 1 LIABILITY i ANYAUTO ENV03OG30 -11.01 9/22/2011 9/22/2014 pOMBtN SING ELIMI ( GEa acudeoc) $ 1,000,000 BODILY INJURY (Per parson) $ 'ALLppWNED 9CHEOULEO A S AUTOS BODILY INJURY (Per accideall -' $ X HIRED AUTOS X UT AOS Pecdet A AGE r accident) $ $ A UMBRELLA UAS OCCUR ENUO30031.13 -03 9/22/2013 9/2212014 EACH OCCURRENCE 5,000,000 AGGREGATE $ 5,000,000 X EXCESS Ups CLAIMS -MADE DED I X I RETENTION$ 10,000 $ _ 1 1 WORKERS COMPENSATION I TATU- lH- AND EMPLOYERS'LIABILITY YIN ANY PpROPRIETOR(PARTNERIEXECUTIVE� EXCLUDED? (mF OItl �oiYEn NHS If es, describe under DESCRIPTION OF PERATION below NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE!d E.L. DISEASE POLICY LIMIT is A ENVO30030-1 1 -01 912212011 9/22/201411 PETOO DATES: 12/9/94,9/l/08, PROF LIABILITY/ CLMS MDE 4,000,000 AGG. 3,000,000 EA OCC (PL) TRANSPORTATION COV, ICLMS MDE 1,000,000 AGG 1,000,000 PER OCC DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (AVach ACORD 1S1, Addhional RemaMa Schedule, H more apace Is requiretl), THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92702; ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS ( "ADDITIONAL INSUREDS ") WITH REGARD TO LIABILITY AND DEFENSE OF SUITS - 6y G REFER O ENDORSEMENT ATTACHED, RFORMED BY OR BEHALF OF THE NAMED INSURED. r".t G-} Y THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT Insurance Company American Safety Indemnity Company This endorsement modifies such insurance as is afforded by the provisions of Policy # GINVO30030 -11 -01 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702;1s officers, employees, agents and volunteers 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 companys 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 canceled, 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 92702. (Completion of the following, Including countersignature, is required to make this endorsement effective.) Effective March 6, 2014 this endorsement form as a part of Policy # ENV030030 -11.01 Issued to Rincon Consultants, Inc Named Insured e Countersigned by ZZ Authorized epresentative t Gity pIto roey pssistan EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required for additional references. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Address: Contract Amount: Los Angeles County Community Development Commission Contract Individual: 700 W Main Street Alhambra, California 91801 $580,000 Since 2008 Description of environmental services provided: Phone Number: Facsimile Number: Year Donald Dean 626- 586 -1740 626- 943 -3838 1998 to Present For 15 years (under five consecutive 3 -year contracts) Rincon has provided CEQA /NEPA documentation and consulting services to the Los Angeles County Community Development Commission (CDC). Routinely, Rincon is assigned with preparing NEPA - required environmental documentation for projects proposed under the CDBG Program within unincorporated Los Angeles County and 48 cooperating cities within the County of Los Angeles. Other assignments completed by Rincon include completing CEQA compliance documents, noise, air quality and biological resources technical reports, Phase I environmental site assessments, human health risk assessments, and soil and groundwater investigations and remediation. Typical projects with which Rincon is involved include small -scale housing, commercial, and industrial development, senior centers, recreational facility upgrades, and improvements to public infrastructure. Rincon has provided on -site staffing and technical assistance that have involved global climate change, "green' building regulations and electromagnetic fields. Reference No. 2 Customer Name: Address: City of Santa Ana Community Development Agency Contract Individual: Ray Lirette 20 Civic Center Plaza San Ana, California 92701 Contract Amount: $5,464 Description of environmental services provided: Phone Number: 714- 667 -2256 Facsimile Number: 714- 667 -2225 Year 2013 The Depot at Santiago development project is seeking federal funding that requires NEPA environmental documentation and approval by HUD. The proposed project involves demolishing existing industrial buildings and a contractor's yard, and constructing an affordable apartments complex containing 70 units, a 3,000 square foot community room, and 8,500 square feet of retail space. City of Santa Ana Community Development Agency - Environmental Services Exhibit D References and Relevant Work History Rincon completed an EA /FONSI on behalf of the City of Santa Ana for the proposed project. The EA /FONSI was prepared according to HUD's preferred format. A historic and archaeological resources assessment was prepared by Rincon, in conjunction with the EA /FONSI to meet the requirements of Section 106 of the National Historic Preservation Act. The assessment concluded that the proposed project would not have the potential for historic resource impacts pursuant to Section 106 of the National Historic Preservation Act of 1966 and the site is not eligible for the National Register of Historic Places. Reference No. 3 Customer Name: Address: City of Santa Ana Community Development Agency Contract Individual: Ray Lirette 20 Civic Center Plaza San Ana, California 92701 Contract Amount: $5,498 Description of environmental services provided: Phone Number: 714- 667 -2256 Facsimile Number: 714- 667 -2225 Year 2013 A residential development is being proposed at 803 -815 N Harbor Boulevard in Santa Ana, California. The project involves developing 70 affordable apartment units on 2.26 acres. Currently the site is developed with an approximately 20,000 square foot commercial building, constructed in 1966. Reportedly, the site was used for RV repair and retail sales. Since the project is seeking federal funding, NEPA environmental documentation and approval by HUD is required. Rincon completed an EA /FONSI on behalf of the City of Santa Ana for the proposed project. The EA /FONSI was prepared according to HUD's preferred format. Previously prepared Phase I and II environmental site assessments were reviewed and incorporated into the final report. A historic and archaeological resources assessment was prepared by Rincon, in conjunction with the EA /FONSI to meet the requirements of Section 106 of the National Historic Preservation Act. The assessment concluded that the proposed project would not have the potential for historic resource impacts pursuant to Section 106 of the National Historic Preservation Act of 1966 and the site is not eligible for the National Register of Historic Places. Reference No. 4 Customer Name: Address: Santa Barbara County Housing Authority Contract Individual: 815 West Ocean Avenue California 93436 Contract Amount: $18,050 Description of environmental services provided: Sheree Aulman Phone Number: 805- 736 -3423 Facsimile Number: 805- 735 -7672 Year 2008 to Present Rincon performs NEPA reviews for projects proposed by the Santa Barbara County Housing Authority. Rincon has prepared 6 environmental assessments and more than 50 categorical exclusions under this program. Rincon has worked closely with HUD representatives to ensure that the documentation meets current formatting and substantive requirements. City of Santa Ana Community Development Agency - Environmental Services Exhibit D References and Relevant Work History Reference No. 5 City County of San Francisco Mayor's Customer Name: Office of Housing (MOH) Contract Individual: Address: 1 South Van Ness Avenue, 5c, Floor Phone Number: San Francisco, California 94103 Facsimile Number: Contract Amount: $18,555 Description of environmental services provided: Year Eugene Flannery 415 - 701 -5598 415 - 701 -5501 2011 to Present The MOH has contracted with Rincon to provide NEPA documentation for housing projects. Rincon prepares environmental review record documentation required by HUD as described in 24 CFR Part 58, environmental impact reports, and environmental assessments. Rincon has completed several categorical exclusions and one environmental assessment, to date. Rincon was recently selected for a second three -year agreement with the MOH. Reference No. 6 City of San Buenaventura Housing Customer Name: Contract Individual: Loretta McCarty Address: 1.1.1.22 Snapdragon Street, Suite 100 Phone Number: 805- 647 -5990 Ventura, California 93004 Facsimile Number: 805 - 647 -4691 Contract Amount: $2,940 Year 2006 to 2013 Description of environmental services provided: For six years, Rincon prepared NEPA reviews for the City of San Buenaventura Housing Authority. Rincon prepared 5 environmental assessments and more than 40 categorical exclusions over that time. These assignments required Rincon to work closely with the County of Ventura because they oversee the CDBG program NEPA reviews on behalf of HUD. Reference No. 7 Customer Name: City of Oxnard Contract Individual: Norma Owens Address: 435 South D Street Phone Number: 805- 385 -7959 Oxnard, California 93030 Facsimile Number: 805- 385 -7969 Contract Amount: $25,000 Year 2007 to Present Description of environmental services provided: For the past eight years, Rincon has prepared NEPA documents for the City of Oxnard CDBG program. Assignments completed by Rincon have included over 100 categorical exclusions and 5 environmental assessments. Documents have addressed a broad range of project types, including public infrastructure improvements, housing, and child care facilities. TO BE INCLUDED IN PROPOSAL EXHBIT E CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGIENCY REQUESTFOR QUALIFICATIONS 11i ENVIRONMENTAL SERVICES -1--l-ROPOSAI., AND CON I'lRAG-r- AGREEMENT' PROPOSEI-TS STATEMENT Proposer understands and agrees that this written RFC) (or any part thereof specifically designated and accepted by the Uty of Santa Ana, hereinafter City) shell consfitutethe entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by th8 EXeCUtivo Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the. form far this document, and its exeuution.qndm/h*nit0ryD8XmotCoyyo<ithasbeeneitherdo|iv8redtopn}poservrdepo3i(8d with the United States Postal Service properly addressed to the proli)oser wi�h the correct portage affixed thereto. Proposer fudhar agrees that upon delivery /as defined above) Vf the accepted agreement he/she will furnish City all required bonds and certificates nf liability insurance Within tell (10} days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check drafts, or prupomer'ebond substituted iD lieu thereof accompanying this proposal shall become fhe property o( the City and shall heconsidered au payment Ofdan1aQers due to the delay and other n,quMe$ suffered by City because Cf failure io enter into an Agreement @nd/0r furnish necessary bnnd8andbeCGU&ebiGdiwhnot|ymQro*dthatth*proofmfdmnnagws@utUs||ysUffeo)dbVQtyl8 diffiuu|t to ascprtain� otherwise said funds, check drafts, or proposer's bencl substituted in lieu thereof shall bu returned to the undersigned, Proposer understands that a proposal is required forthe entire work, that the estimated quantities set forth i8 the RF{!schedule canesolely for the purpose 0f comparing proposals, and that final compensation under, the contract will bs based upon the actual quantities A|work matimfac{ori|VoOn1p|uted All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into thio/\gremnnwnt and are |oode specifically xw part of this HlFC)� Rb#o^ Consultants, Inc. AICIPCEP City m[ Santa Ana CoM|nQni0/ Development Agency Request for Qualifications Environmental Services Page 14 TO BE INCLUDED IN PROPOSAL EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotions, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreements or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor complies with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his/ her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event the Contractor's non - compliance with the non - discrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction/ services contracts in accordance with procedures authorized in Executive Orders 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase City of Santa Ana Community Development Agency Request for Qualifications Environmental Services Page 15 order as the administering agency may direct as means of enforcing such provisions, includinr sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor niay request that the United States enter such litigation to protect the interests of the United States. 8. PUrsuant to California Labor Code Section 1735, as added by Chapter 649 Stats. 1.039, and as arnende.d, no discrimination shall the made in the employment of persons because of raur , religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status or sox of such persons, except as provided in section 1420, and any Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. Rinc'.on t,Al qultants, fill'. Pourer, nIC (UP ° 'jr DA City of Santa A,na Somrnunil.y Development Arluncy Request for Clu alifications Environmental Services Page 16 'ro BE INCLUDED IN PROPOSAL EXHIBIT IS CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES NOWCOLLOS|ON AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACTAGREEMENT NON-GOLLUSION AFFIDAVIT (Title 23 United States Code. Section 112 and Public Contract Code Section"71 06) To the City of SANTA ANA COMMUNITY DEVELOPMENT AGIENCY Inaccordance witriTtle 23 United State Code Section 1,12 and -`ublic Contract Code 7106 the PROPOSER declares that this bid is not made in the interest of, or on behalf ot, any undisclosed person, partnership, company, association, organization, mrcorporation; that the bid i$gaouino and not collusive orsham, thatiho PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or shanl bid, and has not directly or indirectly colluded, conspired, connived or agreed with qny PROPOSER or anyone elso to put in a sharn bid, orthatt anyone shall refrain frorn lfidding| that the PROPOSER has not in any :uonner.dirmwt|yurindi/oo[|y.00ughtbyogrea/nunt.umnnnunicetiunorom)fananumvvi\hvnynnmtofixthebid price of the PROPOSER or any PROPOSER. or to fix any overhead, profit, or cost element of flie bid price, or Of that nf any other PROPOSER, o[tosecure any mdvan\ogm against the public body awarding the contract uf anyone interested in the, proposed contract; that all statements contained in the bid are true; and, further, that the contents thereof, or divulged information or data relative thereof, or paid, and will nor pay, any f o-e1Uany corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive vr shmmbid� Note: The above Non-collusion Affidavit is part of the PrnpnouL Signing this Proposal mn the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. PROPOSERS are c6uhmnodihatrnmk|ngatm|weooUi/iuuiiunmayuuNecdihnued|fierincri8l|Aa|pk/$ecUh0n. State of California CounWuf 8ubSn|ibod and sworn tn (or a0nnod) before rneonthis dayu(� r I�����_.� .hy proved 1nnneon the basis vf satisfactory evidence, to the po/oon(o) who apaea/nd before nnw. ALIFORMIA VENTURACOUNTY MAY 20 2015 UNuhsry Public SiWnaiuoa Notary Public 8ed,`~`~—'---- City of Santa Ana Community Development Agency Request for PropusabEnvirvnmonio|Services Page 17 RINCCON -01 MANAWILM "�°"' CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 11/18/2014 1/1812 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the poiicy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such andorsement(s ). PRODUCER License # OE67768 LogEnvironmental Ins. Services 130 Yantis, Suite 250 AI190 Viejo, CA 92656 002 V CONTACT NAME: Ryan Jacques PHONE _(ACC No e.II (S00) 992 -6999 FAX Net (800) 999 -3987 E -MAIL q AbUIL ' Ryan.JRC DB$ loausa.com _ INSURER(S)AFFORDING COVERAGE NAICM_ A INSURER A: Crum Sr Forster Specialty Insurance Company 44520 INSURED INSURER e ; INSURER C: Rlncon Consultants, Inc. 210 N Ashwood Ave Ventura, CA 93033 INSURER D: INSURERE: INSURER,: CQVERAGES CERTIFICATE NuMUt:w REVISION NUMBE R. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED SELOWHAVEBEEN ISSUEDTOTHE INSURED NAMEDASOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIR TYPE OF INSURANCE LBUBR pOLICY NUMBER MMIODrvEFY MOLIC EYF I, LIMITS A X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 3,000,000 _ PRE ISE91Ee ECCu n co S 5 __ CLAIMS-MADE N OCCUR X EPK- 105397 09 @ 212D14 0912212016" X Pollution Liability MED EXP (Anyone per,EnL § 10,000 TAGGREGTELI X PERSONAL &ADV INJURY $ 3,000,000 LIMIT APPLIES GATE LIMIT APPLIES PER: PRO, GENERALAGGREGATE $� 4,000,000 GEN'POLICY X PRObUCTS - COMP /OP AGO § 4,000,000 POLICY T LOC OTHER: Transp. Poll.* $ 1,000,000 AUTOMOBILE LIABILITY CO 1 EDSINGLE LIMI Ea acddenl § ANYAUTO BODILY INJURY (Per parson) § ALL OWNED SCHEDULED BODILY INJURY(Peraccidwt) $ _ AUTOS AUTOS HIRED AUTOS NON OWNED AUTOS PR PERTY DAMAGE $ Pereccl ant)__- $ __.. UMBRELLA LIgB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS -MADE X EFX•101817 09/2212014 ;0912212015s AGGREGATE § 5,000,000 DED X RETENTIONS 1or000 _ $ WORKERS COMPENSATION ANY EMPLOYERS•LIRTNEY YIN STATUTE �R7H _ E.L. EACH ACCIDENT $ OFFICE MEMBERIPARTNERIEXECUTIVE OFFICERIMEMBEft EXCLUDE Y7 N/A IN In NN) Ify deecdbe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Uab" EPK - 105397 09/22/2014.0912212916; Included In Above GL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, Additional Remark, Schedule, may be attached If mere space Is required) -The City of Santa Ana, Its officers, employees, agents and volunteers are Included as additional insureds with regard to liability and defense of aults arising from work performed by or behalf of the named insured. General Liability Is Primary and Non - Contributory, 30 days notice of cancellation except for 10 days for non - payment of premium. rr 0 v,..nur tvm iE r,vwm CANGELLPoTI N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza SantsA a,CA92702 ©1988 -2014 ACORD CORPORATION. All rights reserved. HNVRr/'V t'V Iefw 11 1 no AuuKu name and logo are registered marks of ACORD POLICY NUMBER: 1';PIC405397 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATIQN`�.,7, This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organiza. tton s Locations Of Covered Operations Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured. here specified by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. S. With respect to the Insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 11 of 1 POLICY NUMBER: EPK- 105397 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modl0es insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organtza• Location And Description Of Completed tlon s Operations Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured for Completed Opera- tions Coverage. Where specified by written contract. Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 EPK- 105397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 ndto 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 norncontrilbutory. Additional Insured(s) ecified Project Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured on a primary and non contributory basis. Where specified by written contract. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged, CFENV 01 036 10 13 Includes copyrighted material of American Safety Indemnity Company with Page 1 of 1 Its permission Copyright© 2004 American Safety Indemnity Company PPK- 105397 COMMON POLICY CONDITIONS All Coverage Parts Included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown In the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation If we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 0. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes C. 0 This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 1198 b. Give you reports on the conditions we find; and c. Recommend changes, 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1, and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to cortifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre- sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ RINCCON -01 MANAWILM A � CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDUNYYY) I I YPE OF INSURANCE 11/18/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subjectto the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License ff OE67768 Legends Environmental Ins. Services 130 Venda, Suite 250 Aliso Viejo, CA 92656 o'- !J� _ CONTACT Ryan Jacques q Ues 'a q' N' Ax _(?ic„tLn,_E_x0; (800) 992 -6999 A/C No ; B00 999 -3987 E-MAIL E-MAIL ADDRESS, Ryan.Jacques IGausa.com INSURERS AFFORDING COVERAGE NAIC N INSURER A: Crum $ Forster Specialty Insurance Company 44520 INSURED INSURER B; EACH OCCURRENCE E'fG pENTED —" MEMISE3 Ee pccurrebce INSURER C: Rlncon Consultants, Inc. INSURER O: $ 210 N Ashwood Ave Ventura, CA 93033 INSURER E: Transportation Pol." NSURERF: COVHHAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INS, LT I I YPE OF INSURANCE ADDL So BR POLICY NUMBER POLIC EFF MMIDD POLI EXP MMIDDIYYV LIMBS A X COMMERCNU GENERA44lABIGTY CLAIMS -MADE 1K OCCUR Pollution Liability X EPK- 105397 09/222014 0922/2D16° EACH OCCURRENCE E'fG pENTED —" MEMISE3 Ee pccurrebce § 3,000,000 5 50,000 X MED EXP (Any one parson) $ XJ Transportation Pol." PERSONAL B ADV INJURY $ 3,000,000 AGGREGATE LIMIT APPLIES PER; POLICY LOG PRO- EGT GENERAL AGGREGATE $ 4,000,000 GEN'L X PRODUCTS - COMPIOP AGO $ 4,000,000 Transp. Poll.* $ 1,000,000 OTHER: _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident § BODILY INJURY (Par parson) § ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BOOILYINJURY Pet eccidenl 1 1 $ _ NON -OWNED HIRED AUTOS AUTOS PR OPERTYDAMAG parncdd -0 - -' –' $ $ UMBRELLA LIAII X OCCUR EACH OCCURRENCE § 5,000,000 A X EXCF.SSLIAB CLAIMS -MADE X EFX- 101817 091222014 09/2212015 rAGGREGATE $ 5,000,000 DEB I X RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERWEMBER EXCLUDED? ❑ NIA STATUTE ER EL. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE -- 5 (Mmml Imy In NH) Use, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT - ......._ S A Professional Liab.` EPK- 105397 0912212014 '0912212016 Included in Above OL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more sprees, Is requited) -The City of Santa Ana, Its officers, employees, . agents and volunteers are included as additional Insureds with regard to liability and defense of suits arising from work performed by or behalf of the named Insured. General Liability is Primary and Non - Contributory. 30 days notice of cancellation except for 10 days for non - payment of premium. 2;z / �G5 v c,�nr,vr„ q n UHNL,MLL)'VI IUIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE City of Santa Ana jt 20 Civic Center Plaza Santa Ana CA 92702 © 1988.2094 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD. POLICY NUMBER: EPK- 105397 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organiza. tlon s Locations Of Covered Operations Any person or organization when you have agreed In writing in a contract or agreement that such person or organization be added as an Additional Insured. here specified by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: EPIC- 105397 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organize- Location And Description Of Completed tion s Operations Any person or organization when you have agreed in writing in a contract or agreement that such person or organization he added as an Additional Insured for Completed Opera- tions Coverage. Where specified by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and Included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ PPK- 105397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 fora 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, Additional Insured(s) Specified Project Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured on a primary and non contributory basis, Where specified by written contract. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. CFENV 01 036 10 13 Includes copyrighted material of American Safety Indemnity Company with Page 1 of 1 Its permission Copyright©2004 American Safety Indemnity Company PPIf- 105397 COMMON POLICY CONDITIONS All Coverage Parts Included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancalla- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective dale of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective dale of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice Is mated, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the Insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 1198 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to In- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1, and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations, 4, Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre- sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 11