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RINCON CONSULTANTS, INC. - 2017
INSURANCE NOT ON FILE A-2017.182 WORK MAY Nff PROCEED CLERK T' DATE. C A W1 017 AGREEMENT TO PROVIDE ON-CALL ENVIRONMENTAL SERVICES A WITH RINCON CONSULTANTS, INC. THIS AGREEMENT is made and entered into this tat day of August, 2017, by and between Rincon Consultants, Inc., a California Corporation, ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 1, 2017, the City issued Request for Proposal No. 17-050, by which it sought Consultants to provide On -Call Environmental Services for the City of Santa Ana Housing Division of the Community Redevelopment Agency. B. Consultant submitted a responsive proposal and statement of qualifications on June 1, 2017, that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-050 and attached as Exhibit A. The entire RFP No. 17- 050 shall be incorporated herein by reference as though hilly set forth herein. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting fin 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: SCOPE OF SERVICES On an as -needed 'basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Additionally, Consultant's proposal, attached herewith as Exhibit B, is incorporated by reference as though fully set forth herein. When the need for services arises, City may initiate services through use of a task or similar order issued to Consultant. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximiun compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total annual stun to be expended under this Agreement shall not exceed $200,000 during the term of the Agreement, including any extension periods. Page I of b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for three (3) years until July 31, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and hannless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data'). Page 2 of 9 Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Prior to undertaking performance of work under flys Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance 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 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation hnsurance. In accordance with the California Labor Code, Consultant,, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in tlae aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: Page 3 of 9 (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 by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 4 of 9 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it -presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement Page 5 of 9 shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric 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 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702 Fax 714- 647-6549 To Consultant: Rincon Consultants, Inc. Attn: Stephen Svete, AICP 790 E. Santa Clara St. Ventura, CA 93001 Fax 805-641-1072 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 fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 6 of 9 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (3 0) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement Page 7 of 9 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the teens 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. -- remainder of page intentionally left blank; signature page to follow -- Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA APPROVED AS TO FORM RINCON CONSULTANTS SONIA R. CARVALHO City Attorney By: RECOMMENDED FOR APPROVAL ROBER C. ORTEZ Acting Executi . ector Community Development Agency 4ower, AICP CEP 0 ice President / Principal Page 9 of 9 Exhibit A - Consultant Agreement with Rincon Consultants, Inc. EXHIBIT A CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES • HOUSING DIVISION SCOPE OF SERVICES INTRODUCTION The Housing Division of the City of Santa Ana's Community Development Agency Is responsible for the administration and oversight of the City's housing -related 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 Proposals (RFP) for Environmental Services to identify consultants who have extensive experience working with public entities to provide planning and environmental review services. IL Sgope of WoYrk 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 times 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 the preparation of environmental noticing documents and the preparation of technical reports as required by CEQA and NEPA Including but not limited to: • Phase i and Phase II Environmental Site Assessments • Environmental Impact Statements (EIS) • Environmental Impact Reports ( EIRs) • Environmental Assessments and Compliance Findings - 24 CFR Part 580 • Environmental Reviews for Categorically Excluded Activities/Projects . Section 58,5 • Lead and Asbestos Testing, Monitoring and Clearances • Solis Testing City of Santa Ana Community Development Agency Request for Proposals for Environmental Services - Housing Division Page 10 June 1, 2017 Project Number 17.04349 Exhibit B Rincon Consultants, Inc. eS4 Easy _ �,:> r5, I-ry n l03 �,N d �'i4i2 !n , s r� area's r �a Gem .d'-.'n�. r;a.�r. rg�iryg{�jp2Ri9 fOnl Ray Lirette Senior Residential Construction Specialist City of Santa Ana Community Development Agency (6th Floor) 20 Civic Center Plaza, M-26 Santa Ana, California 92701 Subject: Qualifications to Provide Environmental Services — Housing Division; RFP #17-050 Dear Mr. Urette; Rincon Consultants, Inc. is pleased to submit these qualifications to provide environmental services to the City of Santa Ana Housing Division. We are enthusiastic about the opportunity to work with the City on this important contract and believe that our experience in Santa Ana, experience with similar on - calls, and broad range of in-house technical capabilities make us uniquely qualified for this assignment. Our experienced professionals have assisted agencies all over the state in preparing California Environmental Quality Act and National Environmental Policy Act documents that are defensible, accurate, and understandable. We have managed CEQA/NEPA programs for housing projects for the cities of Santa Monica, Oxnard, and San Francisco; housing authorities for the cities of Ventura, Santa Paula; and Watsonville; and the counties of the Los Angeles, Ventura, Santa Barbara, Alameda, and Santa Cruz. This experience has provided us a unique perspective on the environmental documentation process and we are able to apply that knowledge and experience into every project we undertake. We believe that we are capable of meeting all of the City's needs under this contract and will be able to offer these services on -budget and within specified time frames. Thank you or considering Rincon Consultants for this assignment, Please contact the team Project Manager, Susanne Huerta, at our Los Angeles office with any questions that you may have about our submittal. Our Principal -in -Charge, Joe Power; is able to legally bind the company and negotiate terms of the contract with the City. Sincerely, RINCON CONSULTANTS, INC. Joe Power, AICP CEP Principal -in -Charge En vi, o n m s l a! 8c,ent,sfs planners Eng,nee,s Qualifications to Provide Environmental Services— Housing Division Qualifications to Provide City of Santa Ana Table of Contents Transmittal Letter Organizational Background..............................................................................................................................1 Scopeof Services............................................................................................................................................1 Environmental Documentation ............. ....................... ........ ............. :......................................... :........... 9 PersonnelExperience......................................................................................................................................6 ManagementTeam.......--..................................................................................................................... 6 KeyStaff ........... ...... ............. ............................................. ........... ........................... ........ ...:......... ........... 7 RelevantExperience...............................;,.............................................................,.........................................8 SantaAna Projects. .............................................................................................................. ............... 8 NEPAProjects- .............. — ......... ................................. ........................................................... ........... 10 CEQAProjects....................................................................................................................................10 HazardsProjects..................................................................................................................................11 Subconsultants...............................................................................................................................................11 VM3Environmental, Inc, .............. ............. ......... ....... ................ ................................... ............... 11 AmbientEnvironmental...................:....................................................................................................12 Kunzman Associates .... ....... .......... -...... ................................... .............................. ..... ......... ....:...-- ... 12. References.... .................. ........... ............. --- ......... ............................ ...... .... —..................... ....................... 13 FeeSchedule., ............................... ......... ...... .............. ............ ...... .. .......... .. .... .................. — 14 HourlyRates......................................................................................................................................... 14 ProjectCost Estimates......................................................................................................................... 15 Appendix Required Forms _ ^� Page i Organizational Background Rincon Consultants, Inc. is a multi -disciplinary environmental sciences, planning, and engineering consulting firm that provides quality professional services to government and industry, Founded in 1994, Rincon has grown to a firm of over 180 professionals located in ten California. Our professionals are experienced in urban, land use, and environmental planning; regulatory compliance; biological resource evaluation and habitat enhancement; cultural resources evaluation and planning; soil evaluation and remediation; and related studies including problem -solving services in geology, hydrology, and waste management, Qualifications to Provide Environmental Services— Housing Division Founded:1994 Legal Form: California "S" Corporation Professional Staff: 190 Callfornia Offices: 10 (Los Angeles, Carlsbad, Redlands, Ventura, Santa Barbara, San Luis Obispo, Monterey, A core business area for Rincon is environmental review for housing I Oakland, Sacramento; and Fresno) projects and our firm has provided environmental consulting services for these types of projects for over 23 years, During this time, we have developed a reputation for successfully completing the environmental analysis and permitting processes for housing projects throughout California. Our philosophy on all projects is to encourage early agency and public scoping, and to develop and maintain close communication among the local lead agency, engineering consultants, and other stakeholders, as appropriate, to ensure technical adequacy and timely review of required project deliverables. This approach has enabled us to identify and avoid costly and time- consuming constraints early in the environmental review process and to minimize or avoid potential conflicts with funding deadlines. Our team of highly qualified professionals includes a talented management team with extensive experience managing and preparing environmental documentation required by the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Our staff has prepared hundreds of documents under these regulations, including Initial Studies, Negative Declarations/Mitigated Negative Declarations (NDIMNDS), Environmental Impact Reports (EIRs), Categorical Exclusions and Exemptions (CE), Environmental Assessments/Findings of No Significant Effect (EAIFONSI), and Environmental Impact Statements (EIS), We also have key technical experts with a high level of experience managing and executing projects In the southern California, including Orange County. Key staff members hold years of expertise in the areas of project management, historical resources assessment, archaeological resources assessment, hazards and hazardous materials, noise, air quality, greenhouse gases, and other relevant technical issues, Scope of Services Environmental Documentation CEQA CEQA documentation could include Categorical Exemptions (CEs), Initial Study -Negative Declarations (IS-NDs), or Environmental Impact Reports (EIRs). Categorical Exemptions A number of CEQA CEs may apply to housing projects in urban areas, including those found in CEQA Guidelines sections 15194, 15195,15301-15303, and 15332. For example, Class 32 CEs may be used for environmental review for urban infill development meeting certain conditions. CEQA Guidelines Section 15332 states that such a CE is appropriate when a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b, The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, or Page I Qualifications to Provide Environmental Services— Housing Division c. The project site has no value as habitat for endangered, rare, or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e. The site can be adequately served by all required utilities and public services. If a project can be processed with a CE, the lead agency need only fill out and file a Notice of Exemption (NOE) following project approval. However, we also routinely prepare technical reports for our clients that address the criteria above to support these exemptions when appropriate, Initial Study— (Mitigated) Negative Declaration Typically, IS-NDs will be prepared using the CEQA Guidelines Appendix G environmental checklist. The IS will address each environmental Issue area in the checklist and will include data and analysis to support all conclusions. When possible, impacts will be quantified. Following circulation and public review of the draft document, the lead agency is required to "consider' all comments received If mitigation measures are included in the IS, the final IS/ND will also include a mitigation monitoring and reporting program (MMRP), The MMRP will compile all of the mitigation measures developed within the body of the IS, as well as information necessary to monitor compliance with each measure. Environmental Impact Report An EIR will be required for any project Involving a significant environmental impact that cannot be reduced to below a level of significance with feasible mitigation measures. For any EIRs needed under this contract, we will 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 public; • Developing effective mitigation measures for identified impacts; and • Devising alternatives that respond to environmental conditions and good planning principles. The majortasks associated with a typical EIR work program are described below. • IS/Notice of Preparation (NOP) • Scoping Meeting(s) • Project Description • Administrative Draft EIR • Draft EIR (45 -day public review period) • Final EIR • Notice of Determination (NOD) NEPA NEPA documentation could include Exemptions, NEPA Categorical Exlcusions (NEPA CES), Environmental Assessments (EAs), or Environmental Impact Statements (EISs). Exemption Activities that, by their nature, do not cause changes in the physical environment are exempt under 24 CFR 58,34. For these projects, a Notice of Exemption would be prepared. The notice consists of a one-page form, including the specific section of 24 CFR 58,34 that references the proposed activity. For exemptions, we will also complete the 24 CFR 58.6 Compliance Documentation Checklist, which addresses flood protection, the Coastal Barrier Resources Act, and runway clear zones. If applicable, the documentation will be accompanied by a 24 CFR 58.6 Checklist. Categorical Exclusion Projects that are not exempt are checked against the criteria in 24 CFR 58.35 to determine whether they are categorically excluded or whether an EA or EIS maybe required. NEPA CEs are available under 24 CFR 58.35 for those actions that either do not create any changes in the physical environment, or make minor modifications associated with Page 2 Qualifications to Provide Environmental Services— Housing Division continued use of the property for the current land use designation. Generally, the content of a Categorical Exclusion is as follows. HUD's Statutory Worksheet, which covers issues addressed in 24 CFR 58.5 (issues addressed include historic preservation, floodplain management, wetland protection, coastal zone management, sole source aquifers, endangered species, wild and scenic rivers, the Clean Air Act, the Farmland Protection Policy Act, environmental justice, noise abatement, explosive and flammable operations, hazardous materials, and airport clear zones) 24 CFR 58.6 Compliance Documentation Checklist, which addresses flood protection, the Coastal Barrier Resources Act, and runway clear zones Data sources used for CEs will be field reviews, topographic maps, available land use maps, flood zone maps, coastal zone maps, airport hazards maps, and available information regarding the presence of sensitive habitats and/or species. Much of this information is available from online databases maintained by USEPA and other federal and state agencies. Noise assessments will be performed where necessary, utilizing HUD methodologies and the HUD Day/Night Noise Level Electronic Assessment Tool (an online noise calculation tool). Historical review of the properties will be based on the specific methodologies described below for compliance with Section 106 of the National Historic Preservation Act of 1965. Air quality analyses will be based on the type of activity and whether quantification is necessary. Environmental Assessment When an activity is not exempt and cannot be categorically excluded from NEPA, Rincon will prepare an EA using the HUD short form checklist, unless the project would clearly require an EIS under 24 CFR 58.37.. Alternatively, if the City elects to use the HUD Environmental Review Online System (HERDS) for Environmental Assessments, Rincon will prepare technical reports and other documentation to support the Environmental Review Record (ERR). In the event that an EIS may be required, we will advise the City regarding the feasibility of preparing an EA as a means of focusing the EIS and as an aid in the formal scoping process for the EIS. We will also advise the City regarding the estimated cost and timeframe associated with an EIS, to allow an informed decision with respect to going forward with the project. Environmental Assessments will be prepared in accordance with NEPA and HUD requirements as outlined in 24 CFR Part 50, 24 CFR Part 58, and 36 CFR Part 800. The following outlines the general contents of an EA. Project proponent Information Conditions for Approval Finding Statement of Purpose and Need for the Proposal Description of the Proposal Description of Existing Conditions and Trends 0 24 CFR 58.5 Statutory Checklist Environmental Assessment Checklist, covering issues related to land development, socioeconomic concerns, community facilities and services, natural resources, and other factors (from the 24 CFR 58.6 checklist) Environmental Impact Statement EISs will be prepared for projects that would have significant Impacts based on federal criteria that cannot be avoided. These types of projects will be rare. The steps for an EIS are similar to those for a CEQA EIR. The main differences are that EISs must analyze project alternatives (including the preferred alternative) at an equal level of detail and, in addition to the Draft EIS circulation, a Final EIS must be circulated for an additional 30 -day period. EISs and EIRs can, but do not have to, be prepared as joint documents. Hazards/Site Assessments Phase l Environmental Site Assessments At the City's request, Rincon will conduct Phase I ESAs in conformance with ASTM Standards on Environmental Site Assessments for Commercial Real Estate (ASTM E 152.7-13). Our scope of services, pursuant to ASTM practice, will not include any inquiries with respect to asbestos, lead-based paint, lead in drinking water, regulatory compliance, cultural Page 3 Qualifications to Provide Environmental Services- Housing Division and historic resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, or high voltage power lines, Our Phase i ESAs will be performed under the direction of a California Professional Geologist and Environmental Professional, Phase Is include the following tasks; Records Review, Site Reconnaissance, Interviews, and Report. Phase it Environmental Site Assessments If subsurface investigation or remediation is recommended in the Phase 1 ESA, the project may proceed to a Phase 11 ESA. The objective of a Phase II Environmental Site Assessment is to determine the lateral and vertical extent of contaminants in the subsurface. This task generally includes the collection and analysis of soil or groundwater samples, or both. The samples are collected with appropriate sampling equipment- a hand auger for shallow samples, a direct push Geoprobe rig for sampling to about 50 feet in depth, or a hollow stem auger drilling rig for deeper sampling and to Install groundwater monitoring wells. Soil borings are drilled In this task and groundwater monitoring wells are installed and sampled under this task. The sampling data are used to prepare site assessment reports. The assessment reports are used to determine if site cleanup is necessary, The reports are typically sent to oversight agencies, such as the Regional Water Quality Control Board for their review. Depending on the complexities of the site, several stages of investigation may be necessary. For example, the project may require one or more of the following: • A, geophysicallground penetrating radar survey to evaluate the site for the presence of underground piping/tanks a Trenching or excavation • Soil borings, soil vapor probe installation/survey • Groundwater well installation or abandonment • Grilling with a Geoprobe rig or hollow stem auger drilling rig • Soil and groundwater sampling A Preparation of vapor -phase migration and risk assessments • Analysis of soil and groundwater samples for various contaminants • Asbestos and lead-based paint surveys, including destructive testing and analyses Asbestos and Lead Based Paint Surveys Asbestos Survey For this component of the work program, Rincon would utilize either VM3 Environmental or Ambient Environmental to conduct asbestos surveys using EPA accredited Asbestos Hazard Emergency Response Act personnel. A visual survey is conducted initially to identify the presence of suspect asbestos containing material. Homogenous areas are defined as areas in which suspect materials are uniform in texture, construction or application date, and general appearance. Data are presented by homogenous area according to location as well as material type, quantity, and the presence of asbestos. Samples are collected In general accordance with EPA sampling procedures as defined in the Simplified Sampling Scheme for Friable Surfacing Materials, USEPA, 1985 and the Asbestos Hazard Emergency Response Act of 1986 (40 CFR part 763). Reasonable care is taken to avoid any accidental fiber release Into the building environment. The asbestos samples would be analyzed using a laboratory accredited by the American Industrial Hygiene Association, the National Institute for Standards and Testing and the National Voluntary Laboratory Accreditation Program. Analysis is by Polarized Light Microscopy, Quality Control is strictly enforced to assure accuracy of sample results. Current Federal USEPA Regulations define a material to be asbestos -containing at 1% by weight, Current State of California regulations define a material to be asbestos -containing at 0.1% by weight, For this reason, any sample reported as containing trace amount of asbestos is assumed to contain asbestos. The analytical data are presented in a report describing sampling and analytical methods used, quantities of hazardous materials, and material -specific recommendations. Lead Based Paint Survey Rincon would utilize the services of either VM3 Environmental or Ambient Environmental to conduct lead based paint surveys. The lead based paint survey would be conducted by a State of California Department of Health Services trained Page 4 Qualifications to Provide Environmental Services — Housing Division Lead Inspector/Assessor for lead based paint. First, a visual survey is conducted to identify the presence of suspect lead based paint. After the suspect lead based paint is located, lead based paint readings are performed from each component identified during the visual survey, Representative lead based paint readings are collected utilizing an X -Ray Fluorescence (XRF) lead based paint analyzer. Readings are collected from selected components throughout the building's interior and exterior. Lead based paint readings are collected in accordance with Chapter 7 of the HUD Guidelines for Evaluation and Control of Lead - Based Paint Hazards in Housing and U.S, Environmental Protection Agency (EPA) 40 CFR pari 745 and Title X of the 1992 Housing and Community Development Act, Other Building Surveys Rincon and/or VM3 Environmental/Ambient Environmental are also able to Identify the presence of PCBs in fluorescent light ballasts, mercury switch light ballasts, and perform mold surveys, Soils Testing Our approach to environmental sub -surface assessment is to tailor the sampling program to the specific project. Samples can be obtained using a variety of methods, including: • Surface grab sample • Shallow hand auger sample • Backhoe sampling • Soil gas sampling Summa canister sampling • Direct push sampling (Le., Geoprobe) • Hollow -stem auger, air rotary, and sonic drilling and sampling The appropriate sampling methodology is dependent on the suspected source of contamination (point source versus non -point source); suspected type of contaminant (volatile or non-volatile); media affected (soil only or soil and groundwater); anticipated depth of contamination; and soil/geologic conditions at the site. Soil or groundwater samples are analyzed for suspected contaminants using appropriate EPA or State methodology in laboratories certified by the State to conduct such tests. The testing program is tailored to the suspected contaminants. For example, if a site has an underground storage tank that was used to store gasoline, the soil samples would be analyzed for total petroleum hydrocarbons - modified for gasoline and aromatics (benzene, toluene, ethylbenzene, and total xylenes). The testing may also include lead, if the tank was used to store leaded gasoline, and gasoline additives, as appropriate, based on the period of operation. All sampling is in accordance with the EPA Document SW 846, Additional Services Technical Studies In addition to assisting our with the CEQA and NEPA processes outlined above, Rincon staff will assist with the preparation of a broad range of technical studies, including air quality, aesthetics, biological resources (wetland delineation, special status species analysis), cultural resources, noise, and greenhouse gas emissions. These studies are often needed in support of CEQAINEPA documentation and are included with the reports as technical appendices. Other times these studies are performed prior to finalization of a proposed project in order to assist project design teams to develop a project that avoids or minimizes significant environmental effects at the design phase. Rincon has experience preparing the following types of technical reports that might be required by the City under this contract: Biological Surveys Cultural and Historic Reports: Preparation of Area of Potential Effects Historic Properties Assessments Archaeological Assessments Finding of Effects Memorandum of Agreements • Noise and Air Quality Studies • Global Climate Change and Greenhouse Gas Analyses Grant Application Preparation • Water Supply Assessments • Geologic and Seismic Studies • Environmental Permitting Page 5 Qualifications to Provide Environmental Services - Housing Division Traffic Impact Analysis Traffic studies will be prepared by Kunzman Associates. The typical traffic impact analysis will consist of (1) discussing the proposed development with the applicant; (2) submitting a scoping agreementlmemorandum of understanding, including assumptions and methodology, for governmental agency approval; (3) conducting a study area field survey of intersection traffic control devices, intersection approach lanes, and roadway segment through travel lanes; (4) documenting existing traffic conditions; (5) obtaining weekday morning/evening peak period turning movement counts at the study area intersections; (6) determining project trip generation based upon the Institute of Transportation Engineers, Trip Generation Manual, 9th Edition, 2012; (7) distributing the project trip generation to the street system; (8) determining the project's traffic impacts; (9) analyzing site access locations; (10) examining internal circulation including emergency vehicle access; (11) mitigating the Impacts, if necessary; and (12) preparing a written report that is stamped and signed by a Registered Engineer in the State of California, Mitigation measures will Include roadway sizing recommendations, intersection controls, and special treatments such as left turn pockets and right turn lanes as might be required by the project, The traffic impact analysis will include calculation of Intersection delay utilizing the Intersection Capacity Utilization (ICU) and Highway Capacity Manual (HCM) methodologies at the intersections in the project vicinity during the peak hours for existing conditions as well as with the proposed project. Management Team Joe Power, AICP CEP, Principal Education: M,A, Architecture and Urban Planning, UCLA Graduate School of Architecture and Urban Planning; B.A., Urban and Economic Geography, University of Georgia Certification: American Institute of Certified Planners, Certified Environmental Planner (010273) Role: Contract Administrator/Principal in Charge Years of Exp.: 25 Mr. Power is an industry recognized leader in interpreting state and federal planning and environmental law, His experience includes providing environmental documentation and regulatory permitting support to public agencies as part of multi-year service contracts. This experience incudes working with various Cities, Counties, and Housing Authorities for more than 20years, He has prepared over 300 NEPA EAs for a variety of different projects funded through the County of Los Angeles' Community Development Block Grant (CDBG) program. He has also managed preparing over 80 NEPA documents for the City of Oxnard's CDBG program and NEPA documentation for multiple projects for the Santa Barbara County Housing Authority, the City of Ventura Housing Authority, the City of Santa Paula Housing Authority, and the City County of San Francisco Mayor's Office of Housing. Previously, he oversaw the preparation of EAs for the Depot at Santiago and 813.815 Harbor Boulevard residential projects for the City of Santa Ana and served as the Principal in Charge of several NEPA documents including an EA/FONSI for the Veterans Village project. Susanne Huerta, AICP, Senior Environmental Planner Education: Master of Urban Planning; New York University, Robert Wagner Graduate School of Public Service, 2007; B.A., Geography;. University of California, Los Angeles, 2004 Certification. American Institute of Certified Planners, Certified Environmental Planner (026358) Role: Project Manager— CEQA/NEPA Documentation Years of Exp: 11 Ms. Huerta, the manager of Rincon's Los Angeles office, has experience in environmental planning and has managed or primarily authored successful environmental studies on projects ranging from energy development to water infrastructure to commercial and residential development. Ms. Huerta has prepared numerous CEQA and NEPA environmental documents that are informative, readable, and legally defensible. She has prepared specialized technical reports on a range of planning and environmental topics, including aesthetics, agriculture, land use, and policy analysis. Ms. Hucha recently managed the Resort EIR for the Channel Islands Harbor and the Indus Industrial Facility MND for the City of Chino Hills. Her experience with the City of Santa Ana includes preparing the NEPA documentation for the following: First Street Family Apartments, Rain and Myrtle Street Park, 6th and Lacey Street Park, the Santa Ana Arts Collective, and the Roosevelt Walker Community Center. Page 6 Qualifications to Provide Environmental Services - Housing Division Julie Welch Marshall, Senior Environmental Scientist Education: B.S., Environmental Engineering, Rensselaer Polytechnic Institute, Troy, New York Certifications: 40 -Hour HAZWOPER OSHA 29 CFR 1910.120; 8 -Hour HAZWOPER OSHA Refresher Course; Hazardous Materials Management Certificate, University of California, Santa Barbara; Business Management Certificate, University of California, San Diego Role. Project Manager— HazardslSite Assessments Years of Exp: 23 Ms. Marshall has professional experience In Environmental Due Diligence assessment and investigation for real estate property transactions. She Is an expert In completing Phase I ESAs according to the American Society for Testing and Materials (ASTM) 2013 guidelines and U.S. EPA's "Ali Appropriate Inquiry" requirements. She has extensive experience managing multi -site real estate portfolios for local agencies, developers, banks, and other commercial entities. Recently, Ms. Marshall assisted the City of San Diego with a three-year Brownfields Assessment Grant project that includes completion of Phase I & II ESAs and coordination with U.S. EPA, and the City of San Francisco with 31 Phase I ESAs and 20 Phase II ESA projects. Ms. Marshall is also experienced in conducting environmental assessment, investigation, and remediation projects with oversight by the DTSC, RWQCB, and other local agencies. Key Staff Lindsey Sarquilla, MESM, Associate Environmental Planner Education: MESM, Bran School of Environmental Science & Management, University of California, Santa Barbara; B.A., Environmental Studies, Brandeis University Role: NEPA Documentation, Technical Studies Years of Exp: 8 Ms, Sarquilla is responsible for assisting with planning research assignments, conducting and reviewing CEQA and NEPA environmental assessments including, noise and air modeling, land use studies, public services/utilities analyses, aesthetics evaluations, and other topics, and managing assignments within local planning agency offices. She has prepared HUD EAs and CEs for LACDC, the County of Ventura and County of Santa Barbara Housing Authorities, and the City of Oxnard. She recently assisted the County of Ventura with its first EA using HUD's HEROS module. Additional experience includes the Trumark Homes Mixed Use Project Air Quality/Greenhouse Gas Emissions Study, and Noise Study for the City of Chino Hills; the Clarendon Street Apartments Development Project Air Quality Study and Health Risk Assessment for the City of Los Angeles; and the Belmont Village Assisted Living Facility, Health Risk Assessment Report and Noise Study for the County of Los Angeles. Sally Schifman, Associate Environmental Planner Education: B.A., History, University of the Pacific— Stockton Role: CEQA Environmental Analyst Years of Exp: 14 Ms. Schifman will serve as a lead analyst. She has experience in city planning, development review, and environmental impact analyses for public and private entities throughout California. Her areas of expertise include planning and zoning administration, CEQA/NEPA analysis and compliance, technical studies, and interagency regulatory permitting. Ms. Schifman has recently acted as an extension of staff for the City of Berkeley for a variety of projects ranging from single- family home additions to large-scale mixed-use buildings. She also assisted with the aesthetics analysis for the Lynwood Transit Area Strategic Plan EIR and recently completed HUD EAs for two projects in downtown San Diego, Shannon Carmack, Architectural Historian Education: BA., History, emphasis in American History, California State University, Long Beach; A.A., Anthropology, Orange Coast College Role: Historic, Analysis Years of Exp: 17 Ms. Carmack has professional experience with cultural resources project management, architectural history, historic preservation planning and management, historic research, public outreach, and archival documentation. Her experience stretches across California and includes projects examining housing, government buildings, transportation facilities, recreation centers, and educational facilities. She has extensive regulatory knowledge and experience implementing Section 106 of the National Historic Preservation Act, CEQA as well as countless local municipal ordinances throughout the Stale. In addition to her work assisting public agencies with regulatory compliance, Ms. Carmack has prepared Page 7 Qualifications to Provide Environmental Services — Housing Division Historic American Buildings Survey (NABS) documentation, preservation plans, design guidelines, National Register of Historic Places nominations, and historic context statements. Jennifer Morton, PG, Senior Project Manager Education: B.S., Earth Sciences, University of California, San Diego, California Certifications: Professional Geologist, California; 40 -Hour HAZWOPER OSHA 29 CFR 1910.120; Current 8 -Hour OSHA Refresher Course Role: Phase I and Phase II ESA Management Years of Exp: 16 Me, Morton is a Professional Geologist with experience conducting Phase I and Phase II environmental assessments, as well as assisting with and overseeing remediation projects. Ms. Morton has extensive experience conducting Phase I ESAs for a wide range of property types throughout California. Additionally, Ms. Morton has experience conducting Phase II environmental assessments and groundwater monitoring for numerous leaking underground storage tank (UST) properties throughout California; she has also conducted Phase II assessments in connection with dry cleaning, automotive repair, and manufacturing facilities, as well as former agricultural land and a former oil production property. Ms. Morton has successfully worked with local and state regulatory agencies to comply with assessment requirements, develop property mitigation plans, and to achieve case closures. Additional Support Staff In addition to the key staff identified above, Rincon has a number of field staff that will be available to work on projects stemming from this contract. Years of Name EducationtRegistrations/Certifications !Exp Project Rale B.S., Soil Science Professional Geologisk California (#8663); Certified Turin Snyder, PG, CHG, Hydrogeologist, California (#950); Qualified SWPPP 16 Hazardsl QSD, CPSS Developer/Practitioner (949) Hydrology Studies Certified Professional Soil Scientist, SSSA (#28222); B.A., Environmental Science Phase I and II , and Jake Hurley, QSP Qualified SWPPP Practitioner (#22155); HAZWOPER 10 Remediation _ Support _ Lauren Roenicke B.S., Environmental Studies, UCSB 4 Phase I Support 40 Hour HAZWOPER Vanessa Villanueva B.S., Environmental Science 2 Environmental Analysis Lynette Leighton, MEM M.E.M, Industrial Ecology and Urban Planning Environmental B.S., Environmental Policy and Entomology 11 Analysis Relevant Experience The following selected project summaries represent Rincon's broad range of experience supporting local agencies throughout California with environmental compliance programs for housing projects. We believe that our successful and extensive experience on similar on-call contracts demonstrates our qualifications for this contract. Santa Ana Projects First Street Family Apartments Project IS -MND City of Santa Ana, Ali Pezeshl(pour-714-647-5882 Rincon Consultants was contracted by the City of Santa Ana to prepare an IS -MND for a proposed affordable housing development. The proposed project Involved demolition of an existing brick office building and associated surface Page 8 Qualifications to Provide Environmental Services — Housing Division parking lot, followed by the construction of 69 affordable family apartment units and 119 onsite parking spaces. Rincon also prepared a cultural resource investigation that conformed set standards for NEPA, Section 106 of NHPA, AHPA, AIRFA, and NAGPRA. Additional issues examined include biological resources, hazards, Hydrology/Water Quality, Noise, and Traffic. Roosevelt Walker Community Center EA/FONSl(2016) City of Santa Ana, Sylvia Vazquez— 714-647-5445 Rincon prepared an EA/FONSI for the proposed 10,000 -square foot Roosevelt Walker Community Center. Construction of the community center would include installation of new basketball/volleyball courts, playground area, bathroom, and multi-purpose field and running track. The proposed project would be a dual use with the Santa Ana Unified School District to provide expanded school space and recreational uses for Roosevelt Elementary School, Walker Elementary School, and the City, Santa Ana Arts Collective EA/FONSI (2016) City of Santa Ana, Natalie Verlinlch — 714.667-2267 Rincon prepared an EA/FONSI for the proposed Santa Ana Arts Collective, Located at 1666 N MainStreet in Santa Ana, the Arts Collective is an adaptive reuse and new construction project that involves 61 affordable rental units and 1 manager's unit on one acre of land. The Arts Collective would adaptively reuse a late modern, five -story office building and site to create an Iconic community gallery and affordable family development designated for professional artists of all disciplines. The site was occupied by three vacant housing units. 6th and Lacy Street Park EA/FONSI (2015) City of Santa Ana, Sylvia Vazquez— 714-647.5445 Rincon prepared an EA)FONSI for the proposed 6th & Lacy Street Park. The park site is 0,42 acres in size and is located at the southwest corner of 6th Street and Lacy Street. The site is currently occupied by three vacant housing units. NEPA compliance is required because the City was seeking federal funding for the project and the funding would need to be approved by the Department of Housing and Urban Development (HUD). The project is expected to use Community Development Block Grant (CDBG) funds. Rajtt andMyrtle Street Park EA/FONSI (2016) City of Santa Ana, Sylvia Vazquez — 714.647-5445 Rincon prepared an EA/FONSI for the proposed Raitt & Myrtle Street Park. The park site is a vacant dirt lot 1.09 acres in size, located at the northeast corner of Raitt Street and Myrtle Street. NEPA documentation was required due to the use of Community Development Block Grant (CDBG) funds to create a neighborhood park. The Depot at Santiago EAIFONSI (2013) City of Santa Ana, Ray Lirette, 714-667-2256 Rincon prepared an EA/FONSI on behalf of the City of Santa Ana for the Depot at Santiago project, which involves a 70 unit affordable apartment complex, a 3,000 square foot community room, and 8,500 square feet of retail space. The EA/FONSI was prepared In HUD preferred format in accordance with 24 CPR Part 58. A historic and archaeological resources assessmentwas prepared by Rincon, in conjunction with the EA/FONSI to meet the requirements of Section 106 of the National Historic Preservation Act. 803.815 N. Harbor Boulevard Residential Project EA/FONSI (2013) City of Santa Ana, Ray Lirette, 714-667-2256 Rincon prepared an EAIFONSI on behalf of the City for the 803.815 Harbor Boulevard Residential Project, which involves a 70 unit affordable apartment complex on 2.26 acres. The EA/FONSI was prepared In HUD's preferred format in accordance with 24 CFR Part 58. A previously prepared Phase I and II were reviewed and Incorporated into the EAIFONSI. 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. Page 9 Qualifications to Provide Environmental Services— Housing Division NEPA Projects LACDC On -Call Environmental Consulting Services (1998 — Present) County of Los Angeles Community Development Commission, Donald Dean, Environmental Officer - 626.586.1740 For the past 20 years (under seven consecutive 3 -year contracts) Rincon has provided CEQAINEPA documentation and consulting services to the CDC. Routinely, Rincon is tasked with preparing NEPA-required environmental documentation for projects proposed under the Community Development Block Grant Program within unincorporated Los Angeles County and 48 cooperating cities within the County of Los Angeles. Typical projects include small-scale housing, commercial, and industrial development, senior centers, recreational facility upgrades, and improvements to public infrastructure, Staff have also directed numerous Phase I environmental site assessments and provided human health risk assessment and expert review of technical reports for a variety of CDCs projects, including those involving reuse of former oil refinery, gas station, mixed use industrial, and chemical factory sites. Currently, Rincon is preparing the required NEPA documentation for the CDC's Neighborhood Stabilization Program. This has involved preparing over 100 categorical exemptions under the program. City and County of San Francisco Mayor's Office of Housing and Community Development, Eugene Flannery - 415. 701- 5598 Rincon Consultants was retained (in three separate multi-year contracts) by the City and County of San Francisco's Mayor's Office of Housing and Community Development to provide as needed NEPA documentation. As part of these contracts, Rincon prepares Environmental Review Record (ERR) documentation required by HUD and described in 24 CFR Part 58. Documents prepared to date include four CEs, six EAs, a technical portion of one Environmental Impact Statements (EISs), and a number of special technical studies (see table below for additional project information). In addition, Rincon completed over 30 Phase I ESAs and over 10 Phase II ESAs for multi -unit housing developments, Including multiple high-rise apartment complexes and multi -acre two-story residential developments owned by the City of San Francisco, City of Oxnard, Kathleen Mallory, Planning & Environmental Services Manager— 605-385-8370 Overthe past twelve years, Rincon has prepared the NEPA documentation for the City of Oxnard CDBG program, Over that time, this has Included preparation of over 150 CEs and 20 Environmental Assessments, These documents have addressed a broad range of project types, including public infrastructure Improvements, housing, and child care facilities, CEQA Projects Trumark Homes Mixed Use Development MND (2015) City of Chino Hills, Jerrod Walters — 909-364-2753 Rincon was recently retained to prepare the CEQA documentation for a proposed residential and commercial development located on the northwest side of the intersection of Trumark Homes Parkway and Los Serranos County Club Drive in the City of Chino Hills. The project is a mixed-use development consisting of 110 residential units and a two-story multi -tenant building. Rincon prepared an MND and a series of technical studies in support of the document. Olson Company Residential Development IS -MND (2012} City of La Verne, Eric Scherer- 909.596.8706 The City of La Verne hired Rincon to prepare a CEQA document for a project involving the assembly of land and construction of a residential development proposed by the Olson Company. The proposed development includes 66 detached, two-story single-family homes, The 7.49 -acre site is comprised of an undeveloped fenced parcel with an extensive stand of Coast Live Oak trees, a public cul-de-sac street (Dover Avenue), and a private parking lot serving a cinema complex. Aesthetics, air quality, biological resources, greenhouse gas analysis, noise, and traffic were identified as potential areas of Impact for the project, Page 10 Qualifications to Provide Environmental Services- Housing Division Dorado Residential Development Project EIR (2014- 2016) City of Long Beach — Craig Chalfant -- 562-570-6308 Rincon prepared an EIR examining a proposed development Including 40 single family residences on North Norwalk Boulevard in the City of Long Beach, The project site is 5.8 -acres and Is currently developed with a church facility with a parking lot, landscaped area, and a cell tower. The church would be demolished to make room for the housing development. Key issues included biological resources, cultural resources, and traffic. Holt Avenue Apartments IS -MND (2013) City of Pomona, Brad Johnson — 909-620-2191 Rincon prepared an IS -MND on a proposed 62 -unit apartment complex In Pomona. The site is currently occupied by a partially occupied mobile home complex and vacant commercial buildings. The proposed project involved the relocation of the occupants of the existing partially occupied mobile home park and the demolition of site improvements. The proposed apartment complex would consist of a several two-story townhomes and a three-story apartment building. In addition, a number of the units would be designated for Mental Health Services Act housing. Key environmental Issues include historic resources, hazards/health risk, traffic, and noise. Hazards Projects Redevelopment and Housing Rehabilitation Assistance L04— Present) City of Santa Ana Community Development Agency, George Garcia, 714-667-2254 Rincon Consultants, Inc. was awarded an open services contract to conduct Phase I ESAs, Phase II ESAs, Remediation, and Asbestos & Lead -Based Paint Surveys for multiple sites throughout the City of Santa Ana, Since 2004, this has Included more than 60 individual projects and within the last 5 years, 25 projects have been conducted. On -Call Phased 311 Environmental Site Assessment Services (2014) City of San Diego, Real Estate Assets Department, Mary Carlson, 619-236.6079 In 2014, Rincon was awarded a 5 year, $75,000 on-call contract to perform Environmental Site Assessment (ESA) services for the City of San DiegoReal Estate AssetsDepartment. As part of that contract we have completed Phase I ESAs, Phase 11 ESAs (Subsurface Investigations), and Asbestos & LBP Surveys. As requested, the Phase I ESA reports were conducted in general conformance with the ASTM Standard Practice for Environmental Site Assessments. Environmental Portfolio Consultant Services(2006-present) Richmond American Homes, Van Martin — 949-467-2648 Rincon has held a master services agreement with Richmond American Homes since 2006 and has completed hundreds of Phase I ESAs and Phase 11 ESAs as part of Richmond American Homes' acquisition transactions over the past ten years. Sites assessed by Rincon have Included vacant lots, agricultural properties, residential homes, and various commercial/industrial facilities, including bakeries, auto dismantling facilities, junkyards, office buildings, and retail facilities. The Phase I ESAs completed for this client are typically completed within two weeks. Subcansultants VM3 Environmental, Inc, VM3 Environmental, Inc. is the forefront leader in the environmental mold, asbestos, lead paint and allergen inspection and sampling industry since our inception in 2007. We are a MicroBusiness with certified technicians strategically located throughout Southern California allowing us to provide the highest level of service to our municipal, commercial and residential clients. Over the years, cur services include building surveys, project monitoring and management, clearance inspections, air sampling, swab sampling, moisture meter readings, infrared measurement and temperature and humidity meter readings. We ensure that all OSHA, EPA, DOT, HUD arid state regulations are strictly adhered to on all phases of our projects. All of our employees must conduct all work safely and in strict accordance with the plans, instructions and directions of the designated project supervisors and managers. In addition, VM3 has the specific experience in entering tenant spaces and project coordination that this proposal requires. Page 1 I Qualifications to Provide Environmental Services— Housing Division Key Staff Andrew Konopacki is the CEO and owner of VM3 Environmental, Inc. Not only does Andrew oversee the general operations, conducts quality control and training; but also has fourteen years of field experience in indoor air quality. For six years Andrew worked for Mold Inspection Sciences, acting as their Director of Field Operations. Taking his passion further, Andrew opened VM3 Environmental in 2007. He is also an active contributor to the environmental community and provides professional input to groups such as the California Healthy Housing Coalition. Andrew has taken his background in software development to implement progressive reporting and information systems which significantly contributes to the superior level of work performance that VM3 provides. Andrew holds a Bachelors of Science in Business Management. DOSH Certified Asbestos Consultant (CAC #14-5229); California Department of Public Health (CDPH) licensed Lead Inspector and Risk Assessor (422498); ACAC Certified Residential Mold Inspector (#13427). Ryan Decker is the head inspector, responsible for management and further training of our certified inspectors. Ryan has been certified and actively performing asbestos and lead inspections for seven years, and mold for over eleven years. Before joining VM3 in 2015, he conducted mold Inspections for Mold Inspection Sciences for four years. Ryan oversees all municipal projects ensuring a prompt, professional approach. He holds a Bachelor of Arts in Fine Arts, DOSH Certified Asbestos Consultant (CAC #15-5376); California Department of Public Health (CDPH) licensed Lead Inspector and Risk Assessor (#23666); ACAC Certified Residential Mold Inspector (#13735) Project Experience Tom Mudd 1 (619)578-7524 In 2010, VM3 began regularly performing asbestos, lead and mold inspections for SDHC's residential portfolio. Then in 2016, VM3 was awarded a one year on-call contract for mold, lead and asbestos survey services and was awarded another year-long extension for 2017. Within the past five years, VM3 has completed $125K over 106 projects for SDHC with high satisfaction. New Palace Hotel for Housing Development Partners (HDP) (2017) Housing Development Partners iParl Ryan I (619)269-4640HDP is the non-profit affiliated with San Diego Housing Commission VM3 regularly performs asbestos, lead and mold surveys for their existing and prospective affordable housing stock. VM3 conducted a full asbestos survey at New Place Hotel, which includes 80 units and 2;300 sq.ft of commercial space. Ambient Environmental Ambient Environmental was founded in 1995 to provide environmental or geotechnical services. John L Payne will serve as an Asbestos and Lead Based Paint Expert. He has over 20 years of experience in environmental consulting services has successfully completed over thousands of asbestos/lead abatement projects for numerous public and private companies and educational facilities. Mr. Payne is AHERA certified and holds a California State Certified Environmental Consultants License. He provides technical development expertise and overview of all consulting services, including: developing specifications and work plans for asbestos lead-based and mold abatement/ remediation projects. Mr. Payne also coordinates projects with clientele, inspectors, city, state, and federal governing agencies and provides complete project management for asbestos surveys, lead surveys, indoor air quality studies and abatement projects. Kunzman Associates Kunzman Associates, Inc. is a California Corporation with its headquarters located in the City of Orange and specializes in transportation and related services for governmental agencies and the business community. Kunzman Associates, Inc. also has a satellite office in the City of Riverside. The firm has 18 highly qualified personnel with experience throughout Southern California at the regional, local, and individual project level. The experience of the firm's personnel in transportation and related services for new planned communities, as well as established areas provides the special skills necessary for determining imaginative, practical, and meaningful solutions. The firm was established in 1976 by William Kunzman, P.E., and since then the firm has completed over 5,000+ studies for over 1,000+ different clients. Page 12 Qualifications to Provide Environmental Services — Housing Division Kunzman Associates, Inc. provides services for transportation planning/traffic engineering, parking, noise/vibration studies, expert witness, peer reviews, and air quality/global climate change/health risk assessments. Key Staff William Kunzman, P.E., will be the Kunzman Associates, Inc. PrincipaHnCharge and assure that manpower and material resources are allocated to complete the project on time and within the budget. His work experience includes employment by the Federal Highway Administration, the Counties of Los Angeles and Riverside, and the City of Irvine, His education includes completing undergraduate studies in engineering at University of California at Los Angeles (1967) and graduate studies in traffic engineering at Yale University (1968). Project Experience Carver Elementary School Consolidation Traffic Impact Analysis (2017) First Carbon Solutions, Charles Holcombe — 909-884-2255 x 1225 Carver Elementary School currently serves kindergarten through 3rd grade and Romero -Cruz Elementary School currently serves 4th and 5th grade students which are proposed to be relocated to Carver Elementary School. The new site will serve kindergarten through 5th grade and its capacity will increase by 300 students. The Romero -Cruz Elementary School site is proposed to be replaced with a 9th through 12th grade community day school. The traffic impact analysis contains documentation of Existing traffic conditions, trips generated by the project, distribution of the project trips to roads outside the project as well as calculation of Existing Plus Project traffic conditions, and Opening Year (2018) traffic conditions without and with the project. The Line at Santa Ana Traffic Impact Analysis (2016) The Line at Santa Ana, Daryl Sequeira -- 310-552-0065 The project site is located east of Harbor Boulevard and south of the Westminster Avenue in the City of Santa Ana. The proposed mixed-use development consists of 4,000 square feet of retail land use and 228 apartment dwelling units. The project site Is proposed to provide access to Westminster Avenue. The traffic impact analysts contains documentation of existing traffic conditions, trips generated by the project, distribution of the project trips to roads outside the project, analysis of existing plus project traffic conditions, and calculation of Opening Year traffic conditions without and with the project. Rincon Consultants, Inc. is proud of its reputation as a leader in the environmental consulting industry that has been developed over the past 23 years. The following references will attest to our performance on past projects. At your request, we would be pleased to provide you with other references or work samples. Community Development Assets Department Mayor's Office of Housing and Commission Mary Carlson Community Development Donald Dean 619-236.6079 Eugene Flannery 626-586-1740 On -Call Phase I & 11 ESA Services 415-701-5598 LA CDC On -Call Environmental NEPA Environmental Review Consulting Services Services On -Call Contract City of Chino Hills Richmond American Homes City of Oxnard Jerrod Walters Sondra Harris Kathleen Mallory 909.364-2753 949-467-2633 805.385-8370 Trumark Homes Mixed Use Phase I and Phase II ESA City of Oxnard CDBG Program Develooment MND Portfolio Page 13 Qualifications to Provide Environmental Services — Housing Division Fee Schedule Hourly Rates Rincon Consultants, Inc. The Rincon Consultants fee schedule illustrates how professionals and support time is charged to projects. Direct costs associated with project labor are billed to the project as described under Reimbursable Expenses. biologists, geologists, marine scientists, cultural resources experts and other professionals. Expert witness services consisting of depositions or in -court testimony are charged at the hourly rate of $205. Photocopying and Printing Photocopies will be charged at a rate of $0.16/copy for single -sided copies and $0.32 for double -sided copies. Colored copies will be charged at a rate of $1.50/copy for single -sided and $3,OOlcopy for color, double -sided or 11"x17" copies. Oversized maps or display graphics will be charged at a rate of $8,00/square foot. Reimbursable Expenses Reimbursable Expenses are costs associated with completing a project that are not include the hourly billing rates described above. Reimbursable expenses include, but are not limited to, the following: 1. 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 tiling fees, printing and graphic charges, mailings and postage, performance bonds, sample handling and shipment, rental equipment and vehicles 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. Transportation fees; company-owned vehicles will be billed $85/day for light-duty vehicles and tracks $135/day for 4- WD/off road vehicles, plus $0.65/mile for mileage over 50. Mileage rate of $0.65/mile applies to all miles incurred in employee -owned vehicles. Page 14 Qualifications to Provide Environmental Services - Housing Division VM3 Environmental, Inc. Ambient Environmental Kurtzman Associates Project Cost Estimates Environmental Assessment & FONSI Rincon Consultants proposes to prepare an EA/FONSI for the sample project for $12,000. This includes preparation of Section 106 historic and archaeological reviews. We do not believe a traffic study would be needed for NEPA compliance, but if determined to be needed Kurtzman would prepare the study for an additional $3,800. The document can be prepared within three weeks of the Notice to Proceed. Lead and Asbestos Survey Ambient Environmental proposes to prepare an Asbestos and Lead Based Paint Survey for the project for $700 and VM3 Environmental would prepare the report for $1,550. The report would be prepared within 10 -working days by both firms. This duration is inclusive of all laboratory analyses and project management activities, as well as the preparation and delivery of the final report, Page 15 CITY OF •M DEVELOPMENT Certification — I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals, I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of work requirements. 1 am familiar with all of the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Please provide a list of environmental services and forms that the firm has provided and can provide to the City, along with a proposed fee schedule. Fee Schedule outlined on page 14 of the proposal. See following page for a list of services provided by Rincon Consultants, Rincon Consultants, Inc. 805-644-4455 180 North Ashwood Avenue, Ventura, CA 93003 BUSINESS ADDRESS Joe Power, AICEP Principal/Vice-President OF AUTHORIZED AGENT TITLE 5/23/17 jpower@rinconconsultants.com AUTHORIZED AGENT DATE EMAIL ADDRESS FEDERAL ID NO, (IF APPLICABLE) • ,. M- LICENSE NO. City of Santa Ana Community Development Agency Request for Proposals for Environmental Services - Housing Division Page 11 Rincon Consultants Services Environmental and Land Use Planning • CEQA Compliance: Eli ISs, Categorical o Community Involvement Programs Exemptions, EIR Addendums, MMRPs o Energy and Water Infrastructure: Corridor Studies, • NEPA Compliance: EISs, EAs, FONSIs Utility Alignments, Constraints Analyses • Planning Services: General Plans, Specific Plans, a Noise Studies, including Bio -Acoustic Evaluation and Neighborhood, Community, and Area Plans - Air Quality Analysis a Agency Staffing and Contract Planning Services - Recreation and Open Space Planning (entitlement reviews, counter assistance, staff - Grant Application Assistance reports) Biological Resources Assessment and Regulatory Compliance • Baseline Biological Resources Inventories and - Biological Construction and Mitigation Monitoring Vegetation Mapping o Certified Arborist Tree Surveys and Impacts • Biological Resources Effects/impacts Analyses: Assessments Biological Assessments (Bas), Biological Evaluations,. - Regulatory Compliance, Mitigation, and Conservation Natural Environment Studies (NESs) Planning • Rare, Threatened, and Endangered Plant and Wildlife - Regulatory Permitting: USACE Clean Water Act Species Surveys (CWA) Section 404, RWQCB CWA Section 401, • Nesting Bird Surveys CDFW Fish and Game Code Section 1602, CCC n Jurisdictional Delineations: U.S. Army Corp of California Coastal Act Section 30233 Engineers (USACE), Regional Water Quality Control Federal Endangered Species Act Section 7 Board (RWOCB), California Department of Fish and Consultations and Section 10 Habitat Conservation Wildlife (CDFW), U.S. Fish and Wildlife Service Plans (USFWS), and California Coastal Commission (CCG) a California Endangered Species Act Section 2081 Methodologies Permits/Memorandum of Understandings (MOUs) n California Rapid Assessment Method for Wetlands and Natural Community Conservation Plans • Tree Inventory, Health. Assessment, Risk - Wetland, Riparian, and Upland Habitat Revegetation Assessment, and Tree Protection Plans and Restoration Planning Eelgrass and Caulerpa Surveys, Essential Fish and Habitat Analysts, Fisheries and Aquatic Ecology Cultural Resources • Literature Reviews/Records Searches/Archival Research a Native American Consultation • Cultural Resource Surveys • California Register of Historical Resources (CRHR) and National Register of Historic Places (NRNP) Eligibility Evaluations: Archaeological Site Testing, Historic Built Environment Resource Evaluation, Traditional Cultural Property (TCP) Evaluation • Archaeological Data Recovery Programs • Native American Monitor Training Programs Environmental Site Assessment and Remediation h Phase I and II Environmental Site Assessments (ESAs) • Hazardous Waste Characterization • Site Remediation: Planning, Design, and Construction • Site Monitoring: Groundwater, Air, and Soil Vapor Underground Storage Tank Removal and Investigation a Health Risk Assessments Water Resources Storm Water Pollution Prevention Plans (SWPPP) • Section 106 Consultation n Memoranda of Agreement (MOA) a Findings of Effects o State Historic Preservation Officer (SHPO) Consultation • Historic Preservation Plans Cultural Resources Management Plans Third Party Peer Review Phase I, II, and III Paleontological Resources Analysis Archeological and Native American Monitoring • Environmental Construction/Grading Monitoring • Methane Soil Gas Testing n Spill Prevention Control and Countermeasure (SPCC) Plan • Transaction Screens o Asbestos/Lead Based Paint Testing Geological and Seismic Studies Storm Water Management and Compliance Monitoring Sustainability Services Climate Action Plans Grant Writing for Sustainability and Climate Action n Greenhouse Gas Emissions (GHG) Inventories Planning Assembly Bill (AB) 32 GHG/Gas Offset Verification a Strategic Growth Council Prop 84 Sustainable Green Building Analysis - LEEDO and Build It Community Planning Grants Projects GreenTM a Comprehensive Public Engagement and Outreach Solar Energy Expertise and CEQA Compliance for Programs Solar Facilities - ASHRAE Level 1 and 2 Energy Audit Energy Action Plans CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION List and describe fully the contracts performed by your firm which demonstrate your ability to provide the services included in the scope of services. Attach additional passes 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 County of Los Angeles Community Customer Name: Development Commission Contract Individual: Scott Steveson Address: 700 W Main St, Alhambra, CA 91801 Phone Number: 626-262-4511 Facsimile Number; Contract Amount: Over $2,000,000 to date Year: 1998 - Present Description of environmental services provided: On -Call Environmental consulting services including NEPA documentation, Phase I and II Environmental Site Assessments, Technical Studies, and sustainability services. Reference No. 2 Customer Name: City of Oxnard Contract Individual: Norma Owens Address: 300 W.Third Street, Oxnard, CA 93036 Phone Number: Facsimile Number: Contract Amount: Over $300,000 to date Year: Description of environmental services provided: NEPA documentation forthe City of Oxnard CDBG program; more than 170 projects to date. City of Santa Aria Community Development Agency Request for Proposals for Environmental Services - Housing Division Page 13 805-385-7969 2004 - Present Reference No. 3 Customer Name: Address: Richmond American Homes of Maryland, Inc. 5171 California Avenue, Suite 120 Irvine CA, 92617 Contract Individual: Phone Number: Facsimile Number: Sondra Harris 949-467-2633 Contract Amount: Over $500,000 to date Year: 2006 - Present Description of environmental services provided: Master Services Agreement to conduct Phase I and/or phase II ESAs for various properties; over 100 prepared to date. Additional references available in SOO Relevant Experience Section. City of Santa Ana Community Development Agency Request for Proposals Environmental Services — Housing Division Page 14 •I Z WEPTM CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana (hereinafter "the City") shall constitute the entire agreement between proposer and the City only after it has been accepted by the City, endorsed by the Clerk of the Council with his/her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and the City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other Causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Owners, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP, Rincon Consultants, Inc. Joe Power, AlCP CEP ED AND PRINTED Principal/Vice-President 5/23/17 1T—LE DATE City of Santa Ana Community Development Agency Request for Proposals Environmental Services – Housing Division Page 15 TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or any other protected class, 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, national origin or any other protected class. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, of transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2, The Contractor 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, national origin or any other protected class. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana Community Development Agency Request for Proposals Environmental Services — Housing Division Page 16 The Cnn1/$c(0| shall include the pndjnn 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, nrorders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 0fSeptember 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct an D1mmUs of enforcing such provisions, including 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 S. Contractor may request that the United States enter into such litigation bzprotect the interests ofthe United States 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, Nodiscrimination shall bemade inthe employment ofpersons because cJrace, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, sex of such persons, or any other protected class, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed for 8violation nfthe Chapter, Rincon Consultants, Inc. Joe Power, AICP CEP 'Princil3al/Vice-President 5/23/17 TITLE DATE City ofSanta Ana Community Development Agency Request for Proposals Environmental Services — Housing Division Page 17 EXHIBIT G •. ..•.• a. •. .• I Nil 210 1 IM 4614 Wyj JAM 4M I• R • PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7108) To the CITY OF SANTA ANA, In accordance with Title 28 United States Code Section 112 and Public Contract Code 7108 the PROPOSER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifierto criminal prosecution. State of California County of __ Ant o., Subscribed and sworn to (or affirmed) before me on this day of ka,(� 20 _L, by UO W proved to me on the basis of satisfactory evidences o be the per son(sl who appeared before me. 1 PAULA WALSFi Nota y Public Signature Notary Public, Seal ;F Gnmmtssron 2098883 -r m Notary Puglie-caldornla z z ii4.'"N Ventura county Pott' Gomm. Expire, h4at 2, 2019 � City of Santa Ana Community Development Agency Request for Proposals Environmental Services —Housing Division Page 18 "`") RINCCOM-b'I Ap{{Ilhlpgr; CERTIFICATE OF LIABILrrY 1MSl1RARM It^.F ( DATEINmaryyyY"lil er2arz9t 7 THIS CERTIFICATE IS ISSUED ASA 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 BYTNE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINGMSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. NT: If Che WAIVED, holder is an ADDITIONAL INSURED, the poilcy(los) must have ADDITIONAL INSURED Provislonsarboendorsed. If SUBROGATION If SUBROGATION Is WAIVED, sub(ect to the terms and aantlftlgns of the policy, certain P011cies may require an endamemum, A statement on this certificate does not eonfor rl hts to the cartlficate holder In Ilan of such endorsement s . Paoouaen Liconso#0E67768 c OT Elizabeth leach La ends Environmental Ins. services 190 Vantls Suite 250 Aliso Viejo, CA 92666 FRONK _ No, ria,e ti (949} 297.5637 62011 1kic, uab(949 297.5960 E' all • , Eliza beth.Leachi@laausa.cem _ --- u—• INSURED _(tj{gRERf IA Ptla+jNO�r,OVWOE�1�.. INSUR'uRA•GIUm&FOfBtnr 6p6CI01t`IpSUraOCe Gdm Dano $2Q N6U E, B;TYUm UlI 1 3 aQCa GbmDRnv 7120 INSURER 1tar5tone•N�ltional in L once Company 2548 Rincon Consultants, Inc, 210 N Ashwood Ave Ventura, CA 93099- INSURER I INsuneR Py ,. .. _.._ AUTOMODUCLIAMUTY X ANY AUTO oNINEA I SCITCPULEU I AIUIgqT��OS ONLY AUTOS CC X X hpTO�aOML� Ol IUIII R Fl '�""'-"'�"�"'��'• RGVI•]I VIV IV V1Y16Ctt: TH151S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED SELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWtTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCEC BY PAID CLAIMS, T. INSRT Type OF INSURANC ADaL eUaft� P C POLICY a%P " Urn6 1 POLICY NUMaER LIIAIY9 A X COM —I I EACH U x S 31060,008 WRASAIADNFRALLIA011.1OcCXTY ewlMsnueE X oOcuR EPK114155 mwncE�a aErrrEo 50,0110 X X 09722/2056 09/22/2018 peM Sg fE „m„a„ 5 Transporation Poll. ' .P-IEP.ESP_tnn ore ran 10,0 0 ' PE SONAL AAgy LNJUR'f 91000,000 I GENT AGOR PATE LIMITAPIP`1-6 PERI RA /O(iR=OATE�„_ g 4,000,000 I POUOYI hµ1 jECY I�I L00 X Contraccma Pollution Liability LP39PQa—TS�Og.LwtpPA0D_ A 4A00,000 Or HER ' �Deductible s 2,600 B AUTOMODUCLIAMUTY X ANY AUTO oNINEA I SCITCPULEU I AIUIgqT��OS ONLY AUTOS CC X X hpTO�aOML� X X 721.1UNP'1*4318 12t17l2016I 1 211 712 01 7 d�e � ISno e 1.017 . YINUUR•r Pete n 6 1,000,800 s� BOOILYItUI'R'f (P�rg6d5tgJ_ ,(MracEu anfl M1�DE � _ `_ cPUreSOMLY A WeaRELLA LIAR i X OCCUR X EXCESS UAD OLAIIII$hIA661 �. EFX106084 0=2/20172017 e'A 51809'080 AO ORP.OAT6 . 5,00 s 01000 _uw._. (08722l201SI CEO X RETENTIONS -1010881 �� _ C '10111.0y COMPENSATION AND EEnS'LIAMUTY ) X P A —” Y 1 B pr. FRIU-ORiPARJER+ ECUrIVE Y!N pp "ICE I'ME�t pph�i E'(OLIIOE04 N1A X 716570929 10210112017 02/0112016 E., ., ITA C19EnY 1,OOQ,000 SEA55. EA biPLOYvr+a 1,OgOr0U6 trhvntiv 'TW NH II ea, JaSrnLa Vr.Jer B ea"C IPTI OP£1YAYIGNS bgln'x T:.LZI _ 1,666,666) A o Professional Llab. I`EPKII4155 092212016 9 212018 FAEUPOL;CI' bIL Per Claim 3 A IProfessionai Llah.' IEPKII4158 09122120161 00122/2018 Aggregate ! 41060,606 J. DESCRIPTOR n OF OPERATIaNS ild ransprtaOCATIONS I VEf11Goll lunar wittanPon aamn,itssMad a, maybe Wethad Salle `P Pollution aro a Claims Made basis. When required by written contract, the General Liability antl Pot lotion Li ability mid TmoleCt blIfty Lim It tams orthe ni Liability Limits are on a Per Proleat basis while dedicated; the Prafasstonot Liability is on a Por Policy basin. The City of Santa Ana and Community Development Agency, 20 Civic Center Plan, M'26 Santa Ana, CA 92702, thair officers, are ploy sea, agents and voiunroom are Incl udod as additional Insureds for Can aml Liability and Auto Lfarelity with Al%pact to work pononned for them by the Named Insured as Tamil red by written contract, per Blanket Additional Insured can Dream ant CG20100704, CO20370704 & HA99160311, Llebilily Coverage Is Prim sty and Non- Contnbutoryasrequlredbywrittencontract, per endorsement CFENV 010361013&HA9910312. Blanket Waivarof Subeogatlonapplioslo General Liability, SEEATTACHEDACORD101 V.AFk'�CLLAI IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE. CANCELILEO aeroRE THE EXPIRATION DATE THEREOF, NOTICE WILL DE BEUVERBO IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ste Ana AUTHORIZED REPRESENTATIVE C 20 Clvlc Co�^ Bantu � star Plaza. M-28 ACORU 25 (2016103) 0 1 968-201 5 ACORD CORPORATION, All rights reserved. 1na Awnlr name one logo are registered mark$ or ACORD AGENCY CUSTOMER ID: RINCCON•01 LOC#; AC"R _._._.,..._....__....__ ------ ADDITIONAL REMARKS SCHEDULE PHILLIPSC Page 1 of 1 AGENCY LlCanse # 0US779S Legends Environmental Ins, Services NANTO INeUREn Rincon Consultants, Inc. 210 N Ashwood Ave POLICY NUMBER Ventura, CA 90030 EE PAGE 1 '— CARRIRRI NAIp CODE EE PAGE 1 P 1 .�........._..._„ i ERrEpnvaonre:'EE P GE 1 "- ,SEE AnnITInMAI bCMAb VO THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORO FORM, FORM NUMBER: -AGORO FGRMTITLE: Cartiflcato of LlahnittyneREince, Geseription of GperationsfLocati0raNeh lal es: Auto Liability and Workers Compensation as required by written contract, per Endoreoreent GG 24 0410 93, HA99180312 & WC000313. Excess policy follows General Liability, Auto Liability and Employers Liability form. i s i i ACOR❑ 101 (2008101) 'aJ 2005 ACORO —CORPORATION, All rights resnrvnrl 1 he ACORD name and logo are registered marks of ACORO POLICY #: EPKI14155 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r -A"12 _41011591,274APAW-1 I, VA COMPLETED rt D * w This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organlzatfan(s)o Location And Descriptlnn Df Completed Operations Where Required by Written Contract, Where Required by Written Contract. Informatlon required to complete this Schedule, If not shown above, will be shown in the Declarations. A, Section ICI — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or 'property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and Included in the "products -completed operations hazard". EN0320-0211 Page 1 of 1 POLICY #: EPK114155 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ��! �,�` • ';",L iw s ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Required by Written contract. A. Section Ill -- Who Is An Insured within the Common Provisions 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" cause, 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) designated above, EN0321-0211 Required by Written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to "bodily injury" or "property damage" occurring after: 3. All work, including materials, parts or equipment 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 4. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. Page 1 of 1 COMMERCIAL AUTOMOBILE HA 99 18 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "Insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown In the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a partnership or joint venture, formed as a subsldlaiy in which you have an ownership interest of more than 50% 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 or joint venture, (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.I. - WHO IS AN INSURED - of SECTION fl - LIABILITY COVERAGE Is amended to add: Paragraph A.1. - WHO IS AN INSURED - of Section it - lability 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) f:(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. D. Additional Insured if Required by Contract (1) Paragraph A,1. - WHO IS AN INSURED of Section it - Liability Coverage is amended to add: When you have agreed, jr) a written contract or written agreement, that a person or organization be added as an additional Insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization Is liable for "bodily injury" or "property damage" caused by the conduct of an "Insured" under paragraphs a, or b, of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011,.The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with Its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Cpritributory If additional Insured applies only If the PaquiredbyCnntract "bocilly Injury" or "property damage" Only with respect to insurance provided to occurs: (1) During the policy period, and an additional insured in 1.D. - Additional Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions applyi written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This Insurance Is primary If you have requires such Insurance be provided agreed In a written contract or written to the additional Insured, agreement that this Insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another Insurance by the method described In person or organization be added as an Other Insurance 54 additional Insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed In a written contract (a) The limits of Insurance specified in or written agreement that this insurance the written contract or written Is primary and non-contributory with the agreement; or additional Insured's own insurance, this (b) The Limits of Insurance shown In Insurance is primary and we will not the Declarations. seek contribution from that other Such amount shall be a part and not nsurance, In addition to tin of Insurance shown Paragraphs (3) and (4) do not apply to other in the Declaratioonss and described in this Insurance to which the additional Insured Section. has been added as an additional insured, (3) Additional Insureds Other Insurance When this Insurance is excess, we will have no If we cover a claim or "suit" under this duty to defend the insured against any "suit" if Coverage Part that may also be covered any other Insurer has a duty. to defend the Insured against that "suit". If no other insurer by other Insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against ail Insured must submit such claim or "suit" those other insurers. to the other insurer for defense and indemnity. When this Insurance is excess over other However, this provision does notapply P Insurance, we will pay only our share of the amount of the loss, if any, the exceeds the sum to the extent that you have agreed in a in a of, written contract or written agreement that this insurance Is primary and non- (1) The total amount that all such other contributory with the additional insured's would insurance wou Pay for the loss in the own insurance, absence of this insurance; and (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other Insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire, CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM SUIT The OTHER INSURANCE Condition is amended , OR LOSS — OF SECTION IV — by adding the following: BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured, © 2011, The Hartford (includes copyrighted material Form HA 99 16 03 12 of 130 Properties, Inc„ with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. 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. 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 C011151on coverages ere 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 "lass" to any hired ,auto" is: (1) $100,000; (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. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a, of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended to provide a limit of $50 per day and a maximum limit of $1,000. 8. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE. COVERAGE, In the event of a total "lass" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/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; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7, AIRBAG COVERAGE Under Paragraph 8, 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. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs 8.4 - EXCLUSI0NS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exciuslons 4.c. and 4,d.. do not apply to equipment designed to be operated solely by use of the power from the "auto's° electrical system that, at the time of "loss", Is: (1) Permanently installed In or upon the covered "auto"; (2) Removable from a housing unit which Is permanently installed in or upon the covered "auto": (3) An Integral part of the same unit housing any electronic equipment described In Paragraphs (1) and (2) above; or ©2011, Phe Hartford (Includes copyrighted material Form HA 99,16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C,2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,600 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is; (1) Permanently installed In or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently Installed housing unit as described In Paragraph 2.a. above or is an Integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 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 111 - PHYSICAL DAMAGE COVERAGE, the following Is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 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 automoblle 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 Tha 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 dale 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. 1S. WAIVER: OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS To US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: 02011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc„ with its permission.) page 4 of 5 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. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximurn Of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever Is less, b.The auto must be replaced and a copy of o bill of sale or new lease agreement received by us within 60 calendar days of the data of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000, For the purposes of the coverage provision, a.A "non -hybrid" auto Is defined as an auto that uses only an internal combustion engine to move the auto but does not Include autos Powered solely by electricity ar natural gas, b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors: and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19, VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps, © 2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 POLICY# ERK114155 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organizatlon(s) Where Required By Written Contract, A. SECTION ill — WHO IS AN INSURED within the Common Provisions Is amended to include as an additional Insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage' arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organlzation(s} indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that persons) or organization(s). 3. The term "additional Insured" is used separately and not collectively, but the inolusiori of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or Increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Fags 1 of't WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule, Schedule WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES, IN NO INSTANCE SHALL. THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. Per Potcv M'n'rni m Waver Premium by stat,, $500: AL, AR, CA, CO, CT, DC, 10, IL, IN, IA. KS, ME, MD, Mi, MS, MT, NV, NM, OH, OK, OR, PA, ftl,. $0, UT, VT, VA, WA, INV $250. AK, DE, LA, NY $100: NC $50: WI N/A: AZ, FL, GA, HI, MA, MN, MO, N8, SC, TN, TX This endorsement changes the Policy to which it Is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy,) Endorsement Effective 02101/17 Policy No. T10170329 Endorsement No. 5 Insured Rincon Consultants, Inc Policy Effective Date 02/01/17 Insurance Company StarStone National Insurance Company? —�, Countersigned Sy� `• — + 7 WC 00 03 13 ([d. 4-84) Cppydpht 1983 National Counoil on Comp m.ticn Imurapca. RINCCON-n1 PHII 1 IPCr` o CERTIFICATE OF LIABILITY INSURANCE n`. DATY) 2/1/2 211/201188 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OE67768 NQINTEACT Elizabeth Leach Legends Environmental Ins. Services 130 Vantis Suite 250 Allso Viejo, CA 92656 PHONE FAX AIc, IN Eau): (949) 297-5537 52011 (Alc, N.):(949) 297-5960 AEb%A,'L5ss, Elizabeth. Leach@ioausa.com INSURER B AFFORDING COVERAGE NAIC p INSURER A: Crum ✓£ Forster Specialty Insurance Company 44520 X INSURED INSURER B: Trumbull Insurance Company 27120 INSURER C:StarStone National Insurance Company 25496 Rincon Consultants, Inc. b/ INSURER D 210 N Ashwood Ave Ventura, CA 93033 DAMAGE TO RENTED occurrsn 50,000 NSURER E NSURERE: $ 10,000 COVFRAr;FS CFRTIFICATF NIIMRFR- oP%/IQInNI NII Il,RRCG. 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LT TYPE OF INSURANCE ADDLSuss ❑ D POLICY NUMBER POLICY EFF POLICY EXP LIMITS A A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Transportation Poll. X X EPKI14155 09122/2016 09/22/2018 EACH OCCURRENCE - $ 3,000,000 DAMAGE TO RENTED occurrsn 50,000 X MED EXP (Any one erson $ 10,000 PERSONAL &ADV INJURY $ 3,000,000 LIMIT APPLIES PER: POLICY ® JE� El LOC GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE PRODUCTS-COMP/OPAGG 4,000,000 X OTHER: Contractors Pollution Liability Deductible 2,500 B AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY Per erson $ X ANY AUTO AAUTOS ONLY SCHEDULED X X 72UUNPT4318 12/17/2017 12117/2018 w.- BODILY INJURY Per accident $ X X AIIRTOS ONLY X NO -OS ONLY Pion oil Oetl S$MBRELLA PerOaaolRdnt AMAGE A LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE EFX108624 09/2212017 09/22/2018 AGGREGATE $ 5,000,000 DEO 7X I RETENTION$ 10,000--- C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN AApNNpY PROPRIETOR/PARTNER/EXECUTIVE (MandER/MatoryEM NER EXCLUDED? � If yes, describe under -DESCRIPTION OF OPERATIONS below NIA X 710180329 02/01/2018 02/01/2019 _- �( PER OTH- ER E. L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1,000,000 A Professional Llab.* EPK114155 09/22/2016 09/22/2018 Per Claim 3,000,000 A Professional Liab.* EPKI14155 09122/2016 09/2212018 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD iDi, Additlonal Remarks Schedule, maybe attached If more space Is required) *Professional Liability and Transportation Pollution Liability are written on a Claims Made basis. When required by written contract, the General Liability and Pollution Liability Limits are on a Per Project basis while dedicated; the Professional Liability is on a Per Policy basis. Professional Liabilty Deductible $10,000 Each Claim. The City of Santa Ana and Community Development Agency, 20 Civic Center Plaza, M-26 Santa Ana, CA 92702, their officers, employees, agents and volunteers are included as additional insureds for General Liability and Auto Liability with respect to work performed for them by the Named Insured as required by written contract, per Blanket Additional Insured endorsement EN0147.1111, EN0320-0211, EN0321-0211 & HA99160312. Liability Coverage is SEE ATTACHED ACORD 101 4;CIty� of Santa Ana 20 Civic Center Plaza, M-26 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCWO® 64.� AGENCY CUSTOMER ID: RINCCON-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE PHILLIPSC Page 1 of 1 AGENCY Legends Environmental Ins. Services 9 License # OE67768 NAMED INSURED Rincon Consultants, Inc. 210 N Ashwood Ave Ventura, CA 93033 POLICY NUMBER SEE PAGE 1 CARRIER EE PAGE 1 NAIC CODE SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance �n of Operations/LocationsIVehicles: rd Non -Contributory as required by written contract, per endorsement EN0147.1111 & HA99160312. Blanket Waiver of on applies to General Liability, Auto Liability and Workers Compensation as required by written contract, per Endorsement 111, HA99160312 & WC000313. Excess policy follows General Liability, Auto Liability and Employers Liability form. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY N EPK114155 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART F1604wTft a (Name Of Additional insured Person(s) or Organization(s) here Required By Written Contract. —j A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insur�nce.r Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization (a). 3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. L-- SA4llor ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, EN0147-1111 Page 1 of 1 POLICY #: EPKI 14156 M1111110-410 FlyAllp" 1�11 '%= SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured PeFson(s) -'®r Where Required by Written Contract. Where Required by Written Contract. A. Section III — Who Is An Insured within the CVnlnlnD P[OVisi088 is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but onl with respect tnliability for "bodily ijury". ` property damage" ur'personal and advertising injury" cause, inwhole orinpart, by: 1.Your acts oromissions; Ar 2.The acts oromissions oythose acting nn your behalf; inthe performance ofyour ongoing operations for the additional iOsUr8d/s\mt the|0Cg1iOn(s) designated above, � � With respect to the insurance afforded to these additional insureds, the hd|{XNAB additional exclusions apply: This insurance does not apply tn"bodily injury" o[''pnopeNydamage" occurring after: 3.All work, including no8t8ha|s. parts or equipment furnished in connection with such work, on the project (other than service, maintenance nrrepairs) tobe Performed byur*nbehalf vfthe additional insured(s) at the location of the covered operations has been completed; o/ 4.That portion of"your work" out oywhich the injury ordamage arises has been put 1oits intended use byany person urorganization other than another contractor or subcontractor engaged in performing operations fora principal as a part wfthe Page 1 of I COMMERCIAL AUTOMOBILE HA 99 16 03 12 COMMERCIAL AUTOMOBILE is rr FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "Insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% 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 or joint venture, (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: 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. (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." /7 .0 dx� I(/ © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES, IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. per RalicvMinimutp iv rPrnrrl`n�rL��y ,.tate: $500: AL, AR, CA, CO, CT, DC, ID, IL, IN, IA, KS, ME, MD, MI, MS, MT, NV, NM, OR OK, OR, PA, RI, SD, I.T. VI VA, WA, WV $250: AK, DE, LA, NY $100: NC $60: WI N/A: A2, FL, GA, HI, MA, MN, MO, NE, SC, TN, TX This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 02/01/18 Policy No, T10180329 Endorsement No, 5 Insured Rincon Consultants, Inc Policy Effective Date 02/01/18 Insurance Company StarStone National Insurance Company Countersigned By f WC 00 03 13 (Ed. 4-84) copyright 1983 National Council on Componsation Insurance. The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. and Non -Contributory by Contract Onft with respect to insurance provided to additional Insured in I.D. - Additional nsured If Required by Contract, the following provisions apply; (3) Primary Insurance When Required By Contract This Insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum Of. (1) The total amount that all such other Insurance would pay for the loss in the absence of this Insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 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 add' the following: OO 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. 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. 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) $100,000; (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. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/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; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 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. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the some "accident", the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the smallest) deductible, it will be reduced by following: the amount of the smaller (or smallest) deductible. $1,500 is the most we will pay for "loss" in "accident" 12. AMENDED DUTIES IN THE EVENT OF any one to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of "loss", is: an "accident" applies only when the "accident" is (1) Permanently installed in or upon known to: the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (2) Removable from a permanently (4) An executive officer or insurance manager, if installed housing unit as described you are a corporation. in Paragraph 2.a. above or is an 13. UNINTENTIONAL FAILURE TO DISCLOSE integral part of that equipment; or HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c. For each covered "auto", should loss be limited existing at the inception date of your policy, we will not deny coverage to electronic equipment only, our obligation to under this Coverage Form because of such failure. pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by 14 HIRED AUTO •COVERAGE TERRITORY the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. - COVERAGE - of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto" to you. "bodily injury' or "property damage" is 10. GLASS REPAIR • WAIVER OF DEDUCTIBLE determined In a "suit," the "suit" is brought in the United States of America, the territories Under Paragraph D. - DEDUCTIBLE - of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, theA77. llowing: following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with Its permission.) Page 4 of 5 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. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10o, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," A— /U c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. • In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 5 of 5