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Home My WebLink AboutENVIRONMENTAL PLANNING DEVELOPMENT SOLUTIONS, INC. (2)A-262o-- 241- 15-01 MAYOR Vicente Sarmiento MAYOR PRO TEM Phil Bacerra COUNCILMEMBERS Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: JUN 2 9 2022 June 17, 2022 �"ProvletAo� Jeremy Krout, President (S� EPD Solutions, Inc. 2 Park Plaza, Suite 1120 Irvine, CA 92614 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.om Re: CEQA Compliance — Garry Avenue Business Park Project Dear Mr. Krout, CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Pursuant to Section 1 ("Scope of Services") of Agreement No. A-2020-241-15 entered into by Environment Planning Development Solutions, Inc. dba EPD Solutions, Inc. ("Consultant') and the City of Santa Ana, dated December 1, 2020, Consultant hereby accepts this Letter Agreement for an assignment for on -call planning and technical services for the projected listed above. Consultant shall complete the services per the proposal (attached as Exhibit A to this Letter Agreement) by November 30, 2023. Compensation is subject to Section 2 of the Agreement and shall cover any expenses covered for services provided since November 1, 2021. The total compensation for this assignment shall not exceed $105,157.00. All other terms and conditions of said Agreement remain unchanged and in full force and effect. If you have any questions regarding this matter, please contact Ali Pezeshkpour in the Planning and Building Services Agency at 714-647-5882. Sincerely, Minh \ Executive Director Planning & Building Services Agency APPROVED AS TO FORM: Sonia R. Carvalho City-4lttorney Ryq O�Hodge Assistant City Attorney President SANTA ANA CITY COUNCIL Vicente Sa niento Phil Bacepa Thai Viet Phan David Penaloza Jessie Lopez Johnathan Ryan Hernandez Nelida Mendoza Mayor Mayor Pro Tern, Ward 4 Ward Ward Ward Ward Ward vsaimlentaftanta-anaom pbBcerraaresenta-anap2 ph.hUzanta-antiorg dgenaloz2rdsanta-anaom jessielopezosanta-anaarg jryanhemandez§santaana.ory nmendoza9Dsanuaraom Exhibit A Proposal to Provide CEQA Compliance Services for the Proposed Garry Avenue Business Park Santa Ana, CA Submitted by Environment Planning Development Solutions, Inc. dba EPD Solutions, Inc. 2 Park Plaza, Suite 1 120 Irvine, Calif. 92614 Contact: Jeremy Krout jeremy@epdsolutions.com / (949) 794-1 187 July 26, 2021 Proposal for CEQA Analysis Garry Avenue Business Park Submitted via email July 26, 2021 All Pezeshkpour, AICP City of Santa Ana j Planning and Building Agency (M-20) 20 Civic Center Plaza I P.O. Box 1988 1 Santa Ana, CA 92702 APezeshkpour@santo-ana.org RE: Proposal For CEQA Analysis for the Garry Avenue Business Park Dear Mr. Pezeshkpour: July 26, 2021 Paoe 2 Thank you for contacting EPD Solutions, Inc. regarding environmental (CEQA) compliance services for the proposed new 93,900-square foot (SF) speculative industrial warehouse building on a 5.13-acre site located at 1700 E. Garry Avenue. PROJECT UNDERSTANDING The project site is currently occupied with three office park buildings, totaling 102,946 SF that will be demolished as part of the project. Approximately 33,791 SF of the total SF of the existing buildings is currently vacant. The proposed project involves the construction of a business park with a 93,500 SF warehouse building, parking, and loading docks. Access to the project site would be provided via one inbound only driveway along Garry Avenue close to the northern boundary of the site near Pullman Street and one outbound only driveway along Garry Avenue at the eastern boundary of the site. Construction is anticipated to commence in July 2021 and is expected to be completed in July 2022. The project requires approval of a general plan amendment (GPA) to designate the site as Industrial (IND) and zone change (ZC) to change the zoning district to Light Industrial (MI ). The applicant has decided to allow the City to proceed with changing the site's land use designation in the current City -led General Plan Update (GPU) to MI and then follow that effort with entitlements that include the aforementioned ZC and DPR permit process. If the City's GPU is delayed, the applicant will proceed with the GPA, ZC and DPR as part of the project. PROPOSED ENVIRONMENTAL REVIEW As discussed, the following outlines the alternative approaches to CEQA compliance for the project based on the above assumption. We address the 2 entitlement process approaches mentioned above (1. Project includes GPA and ZC and 2. Project is consistent with GP and Zoning) and how they relate to the CEQA compliance effort. 1. Project includes GPA and ZC a) CEQA Guidelines Section 15183 Exemption b) CEQA Guidelines Section 15168 Exemption c) Supplement or Addendum to Revised General Plan EIR (2021) Proposal for CEQA Analysis Garry Avenue Business Park 2. Project is consistent with GP and Zoning a) Initial Study/Negative Declaration or Mitigated Negative Declaration b) EIR July 26, 2021 Page 3 La) Categorical Exemption Due to the project site's size and proposed increase in square footage, the project would not qualify for a categorical exemption, including a Class 32 exemption which is limited to 5-acres or a Section 15302 Replacement or Reconstruction exemption which requires the replacement structure to be of substantially similar purpose and capacity as the structure replaced. Although the existing buildings total more square footage than the proposed building, the anticipated tenancy of the proposed building would be different than the existing buildings. Lle) CEQA Guidelines Section 15168 Streamlining Again, since the proposed project is assumed to be consistent with the site's General Plan and zoning designation in this scenario, the proposed project may be consistent with CEQA Guidelines Section 15168, Program EIR. A later activity in a program, such as a project that implements a General Plan, does not need additional CEQA analysis if its impacts would be within the scope of the impacts disclosed in a program EIR. Similar to the 15183 Streamlining process, EPD would prepare a modified initial study checklist to document the fact that the project's impacts are within the scope of the impacts identified in the General Plan EIR. If only minor clarifications are needed to make the General Plan EIR sufficient for the project, then the checklist needed to satisfy the requirements of the 15168 Streamlining process also can be an addendum to the General Plan EIR. l.c) CEQA Guidelines Section 15183 Streamlining Since the proposed project is assumed to be consistent with the site's General Plan and zoning designation in this scenario, the proposed project may be consistent with CEQA Guidelines Section 15183, projects consistent with a community plan. A project is eligible for 15183 Streamlining if it would create no peculiar environmental effects that are not addressed as significant effects in the General Plan EIR or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards. EPD will prepare an Initial Study and will thoroughly review the project, the Revised General Plan EIR, the project's impacts to determine if the project can be streamlined under Section 15183. The Initial Study will guide the appropriate CEQA path. Based on the proposed uses and the City's overview of the studies completed to - dale, significant and unavoidable uses are not anticipated; therefore, the Initial Study could lead to either 15183 streamlining or a Mitigated Negative Declaration (MND). l.d) Addendum to Revised General Plan EIR (2021) CEQA Guidelines Section 15164, Addendum to an EIR or Negative Declaration, states that the lead agency "shall prepare an addendum to a previously certified EIR [or adopted Negative Declaration] if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR (SEIR) occurred." In turn, Section 15162 requires a SEIR if: (1) there are substantial changes proposed to the project which will require major revisions of the previous EIR; (2) there are substantial changes in circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 (3) new information of substantial importance; which was not known or could not have been known shows the project will do any of the following: (a) have one or more significant effects not discussed in the previous EIR; (b) significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, but the project proponent declines to adopt the mitigation measure; or (d) mitigation measures which are considerably different from those analyzed in the previous EIR would , substantially reduce the effects, but the project proponents decline to adopt the mitigation measure. Preparation of an Initial Study will allow for a determination on whether any of the conditions listed in Section 15162 exist for the proposed project, which would require an SEIR. The fact that new information of substantial importance is available or that the project is now more specifically defined does not establish that an SEIR is required. It is only required if this new information or project modification would also result in significant environmental impacts. Another consideration for preparing an SEIR or other CEQA compliance document in lieu of an Addendum is if there is potential controversy related to the project, which would demand public review and comment about the environmental impacts of the project. 2.) Initial Study/Negative Declaration or Mitigated Negative Declaration Under this scenario, the project would include a GPA and ZC along with the DPR. EPD would prepare an Initial Study based on the technical studies prepared by the applicant after reviewing the technical studies for CEQA adequacy and preparing additional studies that have not been completed by the applicant. The Initial Study would determine if an ND, MIND or EIR is required. EPD assumes an ND or MIND in this case based on the understanding that the technical studies prepared to -date and the remaining studies have not and will not identify any significant and unavoidable impacts. If any studies determine that a significant and unavoidable impact(s) will occur, an EIR will be prepared. However, this is not expected based on the results of the studies prepared by the applicant. Per your request, the following scope of work is based on scenarios l.c) and 2.) for scope definition and discussion purposes; however, we can amend the scope to accommodate another document type if further discussion yields a different approach is preferred, including those listed above or a combination of several approaches. Proposal for CEQA Analysis July 26, 2021 Garry Avenue Business Park Paae 5 SCOPE OF WORK 1. Project Initiation and Project Description EPD will participate in the kick-off meeting with City staff and if authorized, the applicant, to confirm: 1. the CEQA approach. to the project; 2. the scope of work; 3. the project schedule; and, 4, communication protocol and the administrative record. The meeting discussion would include any known project issues, and agency and community issues that need to be considered through the process. As part of this task, EPD will review the project's entitlement submittal package, the City's General Plan Update and associated EIR and mitigation measures, Municipal Code, and other relevant documents. EPD will then prepare a detailed project description for the project. EPD will also identify the relevant mitigation measures in the General Plan EIR that will be applicable to the project and any that may need to be refined to accommodate the project. As you know, one of the keys to successful CEQA compliance is a clear definition of the project and its components. Prior to initiating technical studies, the project description must be complete, comprehensive, and stable and finite in order to ensure the studies analyze potential impacts accurately and fully. EPD will identify any additional information needed to develop a thorough and complete project description. Based on the project plans supplied during the project kickoff meeting, the project description will provide the project's location, environmental setting, background and history, project characteristics, construction schedule/phasing, and discretionary actions. The project description will include figures to depict the regional and site vicinity and key project components to support the environmental analyses. EPD will also confer with the City and project team during this early process to discuss the potential environmental impacts of the proposed project. As part of this initial review, EPD will confer with the team to determine if any issues might come up related to the thresholds of significance. Upon initial review the greatest potential issue is traffic but with the proposed use being the lower trip generating use, it is likely no longer an issue to be concerned with. This and other issues will be analyzed further. Subsequent to this initial analysis, EPD will discuss with the team the results and identify any potential issues relative to the impact analysis and mitigation measures. 2. Technical Studies 2.1. Review of Applicant -Prepared Technical Studies We understand the following technical studies have been prepared by the applicant. The companies that prepared the reports are also listed where provided. These studies may need to be modified to address the General Plan EIR tiering approach if they were prepared with the assumption of a standalone CEQA document. 1. Hydrology and hydraulics — Kimley Horn 2. Hydrology WQMP — Kimley Horn 3. Biological survey — Rocks Biological Consulting 4. Air Quality — Kimley Horn Proposal for CEQA Analysts July 26, 2021 Garry Avenue Business Park Pace 6 5. Greenhouse Gas — Kimley Horn 6. Noise — Kimley Horn 7. Trip Generation & VMT — Kimley Horn 8. Phase 1 ESA 9. Geotechnical Report We assume the City will provide all of these technical reports at the time of project initiation. EPD will review the studies for adequacy for CEQA analysis, not a full peer review of the analysis. Therefore, the CEQA adequacy review will focus on: 1. the appropriateness of the methodology and analysis; 2. confirming the. conclusions are supported by factual and clearly disclosed evidence; 3. consistency among reports based on the approved project description and accurate representation of project -related information; and, 4. whether the analysis meets the applicable CEQA provisions and the State CEQA Guidelines. EPD will provide written comments on the technical studies, which EPD assumes the City will review and supply to the applicant along with any City department comments on the studies. EPD assumes that the applicant's consultant team will complete all necessary and requested revisions and forward a revised technical document with responses to the comments for each study. EPD will review the revised reports to ensure that all necessary and required comments have been addressed and resolved. One round of review is assumed. EPD Prepared Technical Studies The followingadditional studies are proposed in support of the CEQA document. 2.2: Cultural Records Search 2.3: Health Risk Assessment 2.4: Historical Resources Assessment 2.5: 2.2. Cultural Records Search The project site has been fully developed. Although unlikely, the potential for cultural resources discovered during earth moving construction activities could occur due to the timeframe when the existing improvements were constructed and the likelihood that cultural or tribal monitoring did not occur. EPD will perform a non - qualified consultant record search request to the South -Central Coastal Information Center (SCCIC) located on the California State University Fullerton campus. The record search would provide additional information regarding whether cultural resources have been discovered within a VA mile radius of the project site, providing cultural resource sensitivity in the project area. Due to circumstances related to COVID-1 9 policies, the SCCIC has restricted access and hours. This is resulting in delays in the receipt of information regarding previously recorded cultural resources. It is noted that the timeframe for receipt of this information is currently six to eight weeks. 2.3. Health Risk Assessment (optional) The project is not located near sensitive receptors. If the project generates less than 100 new daily heavy- duty truck trips (dependent on the ITE trip rates used in the traffic analysis), the potential health risk from project -related truck traffic will be addressed qualitatively, using the recommendations from the CAPCOA "Health Risk Assessments for Proposed Land Use Projects. If the project's truck trips exceed 100 per day, a Proposal for CEQA Analysis July 26, 2021 Garry Avenue Business Park Paae 7 quantitative (dispersion modeled) HRA will be required and would be based on truck data from the project. specific traffic analysis. Cancer risk due to air toxic exposures at the project will be estimated using methodology that conforms with SCAQMD requirements for mobile source emissions. Cancer risk will be estimated using the most recent OEHHA methodology that assess the cancer risk exposure to the following groups: 3rd trimester, infants, children, adults 16-30 years, and a cumulative 30.25-year exposure. This proposal assumes dispersion modeling will be necessary for purposes of budgeting. 2.4. Historical Resources Assessment (opffonal) As the existing buildings are over 45 years old, an assessment for historical resources is required under CEQA. An architectural historian will conduct property -specific research in order to accurately characterize construction and development history of the subject property. Historical research will include review of building permits, city directories, historical aerial photographs, Sanborn fire insurance maps, historical photographs, newspaper articles, and other primary and secondary source materials as necessary. Best industry practices dictate research into assessor's record. We will request a search from Environmental Data Resources (EDR) to obtain historical Sanborn fire insurance maps, historical aerial images, and city directories. We will conduct a field survey to examine and document the property. Digital photography will be used to document the features and characteristics of the buildings, as well as their general setting. The field survey will allow for the accurate depiction of each property's condition, historic integrity, alterations, and changes over time. Upon completion of the site visit and research, we will prepare a five to ten page Historical Evaluation Memorandum for the property pursuant to CEQA, which will include consideration of the potential individual eligibility of the subject property under federal and state criteria of significance. If the property is found individually eligible under federal or state criteria, the Memorandum will include a list of character -defining features. In compliance with the State Historic Preservation Office (SHPO) guidelines for cultural resources surveys, evaluationfindings will be documented on California Department of Parks & Recreation (DPR) series 523 forms, which will be included as an appendix. We assume permit history will be readily available. We assume that research regarding property development history and alterations will be readily attainable and discernible, requiring no more than four hours of labor. More extensive research may require a budget supplement. 2.5. Assembly Bill 52/Senate Bill 18 Consultation (optional) AB 52 consultation would be required if the project requires a standalone CEQA compliance document —in this case an IS/MND—and SB 18 is required for General Plan Amendments (and other nonapplicable entitlements). Therefore, if the project applicant decides to proceed with processing the project before the City completes the General Plan Update and EIR, AB 52 and SB 18 consultations would be required. EPD will assist the Cityin completing the Native American consultation process under AB 52 and SB 18. The City, as the Lead Agency, is responsible for initiating the AB 52 and SB18 consultation processes; however, EPD will assist by contacting the Native American Heritage Commission and local tribes, requesting the Sacred Land File search on behalf of the City, and preparing the AB 52 and SB 18 notification letters for the City's review and approval. EPD will prepare and distribute all mailings and will attend any Native American consultations, if requested by the City. EPD will provide mitigation measures, agreed upon as necessary by the City to reduce potential impacts to a less than significant level. Proposal for CEQA Analysis July 26, 2021 Gamy Avenue Business Park Page 8 3. Environmental Documentation - Initial Study/Section 15183 Streamlining 3.1. Administrative Draft Initial Study As discussed above, EPD assumes the project will be proceeding after the City completes the public drafts of the GPU and EIR. Therefore, the CEQA compliance approach will be to tier off of that EIR in which it will qualify for CEQA review under Section 15183 of the California Code of Regulations, which stipulates that if a project is consistent with the land use and zoning of an adopted General Plan, CEQA "shall not require additional environmental review, except as might be necessary to examine whether there are project - specific significant effects which are peculiar to the project or its site." Completing the analysis pursuant to CEQA Guidelines Section 15183 would focus the effort on a narrow range of potentially significant impacts, including those which: • Are peculiar to the project or the parcel on which the project would be located; • Were not analyzed as significant effects in a prior EIR on the Zoning Action, General Plan or community plan with which the project is consistent; • Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; • Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. To evaluate the project pursuant to the above, EPD will prepare an IS for the project addressing each of the environmental topics and through this effort evaluate the applicability of Section 15183 to the project. An administrative draft of the IS will be provided to the City for review. City comments will be incorporated into an updated document. One round of review is expected. 3.2. Public Draft IS/Section 15183 Streamlining and MMRP Section 15183 does not require a public circulation of the tiering document, but in preparation for the hearing body's staff report packages, EPD will prepare the final public draft IS/Section 15183 Streamlining document, including revisions that may be necessary after the Planning Commission meeting, including responses to comments submitted on the CEQA document. Because the scope of changes is not known at this time and until the hearing occurs, the fee associated with this task is a budget amount. As part of this task, EPD will also prepare an MMRP for the project incorporating the General Plan EIR mitigation measures and any project -specific measures. The MMRP will use the City's typical format for such documents. EPD will review the MMRP with the to ensure the steps to compliance with each mitigation measure are appropriate and feasible. 4. Environmental Documentation - Initial Study/Mitigated Negative Declaration This scope of work assumes that after preparing the Task 3 efforts, the applicant will instead move forward with the GPA, ZC and DPR due to delays on the City's GPU and EIR. Therefore, the IS prepared under Task 3 would require revisions to remove references to tiering off of the GPU EIR and instead be drafted as a standalone project CEQA document and in support of an MND. EPD expects and assumes that previously prepared technical studies, prior to any revisions made to account for the Task 3 approach will be adequate for use in the IS. Proposal for CEQA Analysis July 26, 2021 Garry Avenue Business Park Page EPD will work with the City, and the applicant, and their design team, as authorized by the City, to mitigate all impacts to below a level of significance; however, if an impact cannot be mitigated adequately, it could be deemed significant and unavoidable by the City, which would trigger the need for an EIR. We will advise the project team immediately if we find any impacts could reach this severity. 4.1. Administrative Draft IS/MND EPD will review the prepare an IS consistent with the State CEQA Guidelines and the City's local CEQA guidelines. We anticipate the Initial Study will be used to support the use of a or an MND. An administrative draft of the IS/MND will be provided to the project team for review. One round of review is assumed. 4.2. Public Draft IS/MND EPD will incorporate City comments and prepare a Public Draft IS/MND for public release and distribution. As part of this task, EPD will also prepare a Mitigation Monitoring and Reporting Program (MMRP) for the project. The MMRP will use the City's typical format for such documents. EPD will review the MMRP with the project team to ensure the steps to compliance with each mitigation measure are appropriate and feasible. At the conclusion of this task, EPD will coordinate public release of the IS/MND, NO] for a 20- or 30-day review period. 4.3. Responses to Comments During the public review period and immediately thereafter, EPD will prepare responses to public comments and communicate with the City and project team to discuss any comments that raise significant issues or require additional analysis beyond what has been completed under Task 3 and assumed in this proposal. EPD will Inform the project team immediately if an addendum to this proposal is needed as a result of the public comments. If a submittal to the State Clearinghouse occurs, a Notice of Completion (NOC) will be prepared and submitted alongside the IS/MND. 20 hours have been assumed in the budget for this task. 4.4. Final IS/MND and NOD EPD will compile the Final IS/MND document addressing any changes associated with the responses to comments for the Planning Commission hearing and then subsequently for the City Council hearing. Upon City approval of the environmental document, EPD will coordinate filing of the Notice of Determination (NOD). Because the scope of changes is not known at this time and until the hearing occurs, the fee associated with this task is a budget amount. 6. Meetings & Hearings EPD will attend team meetings (either in person or via conference call) and hearings before the Planning Commission and City Council. For budgeting purposes, four one -hour conference calls, one Planning Commission and one City Council hearing are assumed. 6. CEOA Project Management EPD's CEQA project manager will coordinate closely with the project team and City staff to assure that the CEQA document delivered to the City is legally defensible, accurate, and useful to decision makers considering the approval of the project. The project manager will also coordinate with City staff throughout the process not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays. The project manager will be the key contact for the project team and City and will be responsible for managing (1) IS/MND task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local and state agencies relative to the environmental document and the environmental review process; (3) coordination and communications with the project team and City to ensure that City policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the environmental document; and (4) ensuring that the Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Page 10 environmental review process and the environmental document satisfy the statutes and guidelines of CEQA and CEQA procedures. This scope of work assumes ongoing project management at an estimated 25 hours of management time. FEES & EXPENSES EPD proposes the following labor fees and expenses. Tasks will be billed as fixed fee or hourly as listed below pursuant to the identified hourly rates in the attached provisions of agreement. TASKS FEE 1 Project Initiation and Project Description (Fixed Fee) $2,600 Technical Studies $33,545 2.1 Review of Applicant -Prepared Technical Studies (Fixed Fee) $1 1,500 2 2.2. Cultural Records Search (Fixed Fee) $850 2.3 Health Risk Assessment (optional) (Fixed Fee) $5,900 2.4 Historic Resources Assessment (optional) (Fixed Fee) $12,795 2.5 Assembly Bill,52/Senate Bill 18 Consultation (optional) (Fixed Fee) $2,500 Environmental Documentation - IS/Section 1 51 83 Streamlining $31,950 4 4.7 Administrative Draft IS (Fixed Fee) $26,580 4.2 Public Draft IS/Section 75783 Streamlining & MMRP (hourly budget) $5,370 Environmental Documentation'--IS/MND $27,272 3.7 Administrative Draft IS/MND (Fixed Fee) $15 802 3 3.2 Public Draft IS/MND and MMRP (hourly budget) $4,370 3.3 Responses to Comments (hourly budget) $4,600 3.4 Final IS/MND and NOD (hourly budget) $2,500 5 Meetings & Hearings (hourly budget) $3,950 6 CEQA Project Management (hourly budget) $8,340 Environmental Documentation - IS/Section 15183 Streamlining Totals IS/Section 15183 StreamliningTOTAL w/o OPTIONAL TASKS $86,462 IS/Section 15183 Streamlining TOTAL w/ OPTIONAL TASKS $105,157 Environmental Documentation Totals with IS/MIND Included Total w/o Optional Tasks ' $113,733 IS/MND Total w/ OPTIONAL TASKS; $134,928 Estimated Expenses (e.g., reprographics, mileage, records search, noticing, mailing) $5,000 The labor budget does not include direct expenses. The estimated expenses does not include processing or application fees, or deposits for environmental consultants contracted directly by the client. Expenses would be billed per the attached Provisions of Agreement. Our cost estimate is based on our scope of services and schedule, and the following assumptions: ■ The cost estimate is valid for up to 180 days from the date of submittal/opening, after which it may be subject to revision. Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Page 11 ■ Costs have been allocated to tasks to determine the total budget. EPD may reallocate costs among tasks, as needed, as long as the total budget Is not exceeded. ■ Additional review cycles oradditional versions of administrative drafts of any documents beyond the assumptions contained within the scope of work will constitute additional work. The budget is based on completion of work within a maximum 12-month schedule. If a delay of'90 days or more occurs as a result of circumstances beyond control we reserve the right to adjust our budget to account for increased labor rates and other costs. Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Paae 12 Thank you again for the opportunity to work on this project. Should you have any questions, please do not hesitate to contact me at (949) 794-1 181 or jeremy@epdsolutions.com. Sincerely, EPD S utions, In' /">-�✓' J rem>dut President Enclosure (1) To begin work, EPD .requires this agreement or a signed agreement on City template. Agreed to by: Signature Date Printed Name and Title Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Page 13 PROVISIONS OF AGREEMENT City of Santa Ana ("Client") and Environment j Planning I Development Solutions, Inc. ("Consultant") agree that the following Provisions of Agreement ("Provisions") shall be part of the agreement to Client dated July 26, 2021 for the services described therein ("Project") to which these Provisions are attached and both shall be considered and constitute the "Agreement" referenced herein. DEFINITIONS: 1. Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities and obligations under this Agreement. Both Client and Consultant shall endeavor to maintain good working relationships among members of the project team. 2. Ownership of Instruments of Service: All documents prepared or furnished by Consultant pursuant to this Agreement are Consultant's Instruments of Service, have been prepared for use solely with respect to this Project, and Consultant shall retain an ownership and property interest therein. Consultant grants Client a license to use Consultant's Instruments of Service for the purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by Client, without Consultant's written permission, shall be at Client's sole risk, and Client agrees to indemnify and hold Consultant harmless from all claims, damages and expenses, including attorneys' fees, arising out of such reuse by Client or by others acting through Client. Client acknowledges that Consultant's Instruments of Service may be stored and delivered to Client and others -in electronic files ("Data"), and that anomalies and errors can be introduced Into the Data when it is transferred or used1n conjunction with incompatible computer equipment or software. Consultant's Data is being furnished "as is" and Consultant shall have no duty to modify or update the Data unless a part of the approved Project. Consultant reserves the right to retain an archival paper or electronic copy of the Data delivered to Client or the general contractor which shall be referred to and shall be conclusive proof and govern in all disputes over the form or content of the Data furnished by Consultant. If Consultant is not paid in full for all its services, Client shall, upon demand, return Consultant and Consultant's sub -consultants Instruments of Service and refrain from using Instruments of Service for any purpose whatsoever. II. CONSULTANTS RESPONSIBILITIES: 1. Consultant will perform Its professional services in the manner identified in the Agreement for the identified fixed fees and budgeted items, excluding direct expenses. Services provided on a time and materials basis or additional services will be charged based on the following hourly billing rates: List of Standard Hourly Rates Position - Hourly Rate President/Principal $250 - $275 Vice President of: Planning/Environmental Planning/ Development, Transportation Planning; Principal Engineer $230 - $250 Director of: Planning/Environmental Planning/Development, Transportation Planning $210 - $230 Senior: Project Manager/Planner/Transportation Planner/Engineer/Environmental Planner Associate $1 85 - $210 Project Manager i $170 - $185 Associate Planner; Environmental Planner; Transportation Planner $1 60 - $170 Assistant: Project Manager, Environmental Planner; Transportation Planner; Project Planner $150 - $160 Project Coordinator; CIS Analyst; Graphics Specialist; Technical Editor $1 35 - $150 Support Staff $85 - $135 Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Paae 14 Once the maximum fee is reached, Consultant will stop work unless Consultant and Client agree to increase the maximum fee amount or Client agrees to pay for additional services in accordance with Consultant's billing rates Identified herein. This rate schedule is subject to change due to the granting of wage increases and/or other employer benefits to field or office employees during the lifetime of this agreement. 2. Consultant will complete professional services described in this Agreement as expeditiously;as is consistent with, and limited to, Consultant's standard of care. 3. This Agreement comprises the entire and Integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by writteninstrumentsigned by an authorized representative of both Client and Consultant. 4. If any of the provisions of this Agreement shall be finally determined to be invalid or unenforceable In whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon Client and Consultant hereto. Client and Consultant agree to reform this Agreement to replace any such Invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision. 5. If the scope of services includes Consultant's assistance in applying for governmental permits or approvals, Consultant's assistance shall not constitute a representation, warranty or guarantee that such permits or approvals will be acted upon favorably by any governmental agency. 6. Governina Law: The Jaws of the state in which the Project is located shall govern the validity and interpretation of this Agreement. 7. Construction Observation: Consultant shall visit the project at intervals appropriate in the Consultant's professional opinion, during construction to become generally familiar with the progress and quality of contractor's work and to determine if the work is proceeding in general accordance with the Contract Documents. Client has not retained Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. If Client desires more extensive project observation or full-time project representation, Client shall request such services be provided by Consultant as Additional Services in accordance with the terms of this Agreement. It is agreed that Consultant's services under this Agreement do not include project observation, review of contractor's performance or any other construction phase services. Client assumes all responsibility for all construction phase services including, but not limited to: - a. Submittal review and approval b. Contract document interpretation C. Site observations d. Change order review and approval e. Review and approval of contractor payment applications f. Certificates of substantial and final completion . g. Preparation and disposition of punch lists _ h. Responding to contractor requests for information i. Administration of any operational and maintenance training including collection operational and training manuals Client waives any claims against Consultant that may be in any way connected with Client's decision not to retain Consultant to performance construction phase services. Client agrees, to the fullest extent permitted by law, to Indemnify and hold harmless Consultant, its officers, directors, employees and sub -consultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the performance of such services by other persons Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Paae 15 or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to Contract Documents to reflect changed field or other conditions. Client, Client's contractors or subcontractors, or anyone for whom Client is legally liable shall assume full responsibility for the results of any changes made to the Contract Documents during construction. Client agrees to waive any claims against Consultant and to release Consultant from any liability arising directly or indirectly from such changes. Contract Documents Definition: The Contract Documents consist of the agreement, conditions of the contract (general, supplementary and other conditions), drawings, specifications, addenda issued prior to execution of the Agreement, other documents and modifications issued after execution of the Agreement. 8. Jobsite Safety_ Consultant shall not supervise, direct or have control over general contractor or its subcontractors, regardless of tier, any employee or agent thereof (hereinafter "Contractor") work. Consultant shall not have authority over or responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work of Contractor. Consultant does not guarantee the performance of the construction contract by Contractor and does not assume responsibility for Contractor's failure to furnish and perform its work in accordance with the Construction Documents. Ill. CLIENT'S RESPONSIBILITIES 1. Client acknowledges that its right to utilize reports and other documents of Consultant provided pursuant to this Agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this Agreement, and Client has performed all its obligations under this Agreement, including but not limited to payment for services rendered. 2. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes, use or reuse of the electronic files for any other project by anyone other than Consultant. 3. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this Agreement. 4. Consultant will provide Client with monthly invoices for services rendered and costs advanced. Client agrees that all billings from Consultant to Client are correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged Inaccuracies, discrepancies, or errors in billing. 5. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent (1 r1 /2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to .any unpaid balance commencing thirty (30) days after the date of the billing. If Client notes any inaccuracies, discrepancies. or errors in billing pursuant to Article III, late fees shall only apply beginning on the thirty-one•(31) days after the inaccuracies, discrepancies, or errors have been corrected. IV. OWNERSHIP AND USE OF DOCUMENTS AND DATA 1. Prints or document printing will be billed directly to Client by the print company at no additional Consultant administrative cost or billed by Consultant at cost plus fifteen percent (15%). All other reimbursable expenditures will be invoiced at cost plus fifteen percent (15%) handling fee. Sub -consultant costs will be billed at cost plus -twenty-five percent (25%). Mileage will be billed at the standard Federal rate as provided for under Internal Revenue code. 2. Standard of Care: Consultant's services shall be provided consistent with and limited to the standard of care applicable to such services, which is that Consultant shall provide its services consistent with the professional skill and care ordinarily provided by members of the same profession practicing in the same or similar locality under the some or similar circumstances. 3. Survival: Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled hereunder and termination of this Agreement. Proposal for CEQA Analysts Garry Avenue Business Park V. RISK ALLOCATION July 26, 2021 Pape 16 Waiver of Consequential Damages: Notwithstanding any other provisions in this Agreement, Client and Consultant each waive consequential damages against the other party. Notwithstanding anything to the contrary set forth herein, the foregoing waiver shall not apply if the consequential damages are covered by Consultant's insurance policy. 2. Indemnity: Consultant and Client each agrees to indemnify and hold harmless the other (Indemnitor and Indemnitee), and their respective principals, officers, directors, partners, employees, and any other entity or person for which Indemnitor and Indemnitee is legally liable, from and against any damages, losses, liabilities, judgments, settlements, expenses, and costs (including reasonable and necessary attorneys' fees, costs and expenses recoverable under applicable law), that Indemnitee Incurs as a result of third party claims, demands, actions, suits or matters connected therewith, to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Indemnitor in the performance of services under this Agreement and any other entity or person for which the Indemnitor is legally liable. Notwithstanding the foregoing, if Indemnitor's obligation to Indemnify arises out of Indemnitor's performance of services for the Project as a "design professional," as that term is defined in California Civil Code Section 2782.8, Indemnitor's indemnity obligation shall be limited in accordance with the provisions of Section 2782.8 as it was in effect as of the date of this Agreement. 3. Waiver of Personal Liability: It is intended by the parties to this Agreement that Consultant or its sub- consultant(s) services in connection with this Project shall not subject Consultant's or its sub-consultant(s) individual employees, officers or directors to any personal legal exposure for the risks associated with the Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything to the contrary contained herein,: Client agrees that as Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or, asserted only against Consultant, a California corporation or its incorporated sub- consultant(s), and not against any of Consultant's or its sub-consultant(s) individual employees, officers or directors. A. Consultant will be legally liable for only the services expressly undertaken pursuant to this Agreement, and not otherwise. Consultant will not be legally liable for the providing of, or the failure to provide other services, even if Information from others is incorporated into Consultant's instruments of service for ease of reference or otherwise. further, and without limitation, Consultant will not be responsible for delays or other matters beyond its reasonable control; for inaccurate Information provided to it by Client or other reasonably reliable sources; for site conditions of which it was not informed; for hazardous materials or toxic substances at the Project site; for construction means, methods, techniques, sequences or procedures, including without limitation excavation, shoring, demolition or erection procedures or construction safety precautions and programs; for the timeliness or quality of contractor performance or for the failure of any contractor to perform work in accordance with the Project's construction documents; or for actions or inaction of third parties Including other consultants, utility companies and governmental or quasi -governmental agencies. 5.- Limitation of Liability: To the extent permitted by law, the total liability, in the aggregate, of Consultant and Its employees, officers, directors, members, partners, agents, and consultants, to Client, its subsidiary and/or affiliated companies and Its respective employees, officers, directors, members, partners, agents and anyone claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of, resulting from or in any way related to Consultant's services, the Project or this Agreement, or any addendai from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of express or implied contract or warranty shall not exceed a total amount of $50,000. 6. Certification: Consultant shall not be required to execute certificates, consents or reliance letters that would require knowledge, services or responsibilities beyond the scope of this Agreement, and shall not be required to sign any documents that would result in Consultant having to certify the existence of conditions whose existence Consultant cannot reasonably ascertain beyond its standard of care. 7. Unauthorized Changes to Plans: In the event Client, Client's contractors or subcontractors or anyone for whom Client is legally liable, makes or permits any changes to be made to any reports, plans, specifications or other construction documents prepared by Consultant without obtaining Consultant's prior written consent, Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Page 17 Client agrees to waive any claim against Consultant and to release Consultant from any liability arising directly or indirectly from such changes. In addition, Client agrees (1) to the fullest extent permitted by law, to indemnify and hold harmless Consultant from any damages, liabilities or costs arising from such change, and (2) to include in any contracts for construction appropriate language that prohibits any contractor or subcontractors of any tier from making any changes or modifications to Consultant's construction documents without the prior written approval of Consultant and that further requires contractor to indemnify both Consultant and Client from any liability or cost arising from such changes made without such proper authorization. VI. INSURANCE 1.Insurance; Consultant shall purchase business Insurance as follows: a. Professional Liability Insurance, with prior acts coverage sufficient to cover the services performed under this Agreement, and policy limits in an amount of $1,000,000 each claim and $2,000,000 annual policy period aggregate limit. Consultant specifically agrees, pursuant to this Agreement, to waive any rights of recovery against Client because of any payment made to the extent coverage is provided by the policy. b. Commercial General Liability Insurance (150 CG 0001 0413), or another equivalent occurrence -based -policy form, Including coverage for bodily Injury and property damage liability arising out of premises, operations, completed operations, and products in addition to advertising Injury and personal Injury liability coverage with a per project limit of not less than $1,000,000 each occurrence and $2,000,000 general aggregate limit. Consultant specifically agrees, pursuant to this Agreement, to the following: 1. Additional Insured Provision: Shall include Client and Client -designated additional insured(s), to the extent coverage is provided by the policy, caused in whole or in part by Consultant or those acting on - - Consultant's behalf. Additional insured coverage shall be provided by a combination of the CG2010 0413 and CG2037 0413 endorsements, or other comparable endorsement(s). it. Primary and Non -Contributory Provision: The Insurance provided to Client -designated additional insured(s) is primary to other insurance, which covers such additional Insured as a named Insured, and will not share with that other insurance to the extent coverage is provided by the policy. Primary and Non-contributory coverage shall be provided by CG2401 0413, or other comparable endorsement. lit. Waiver of Subroaation Provision: The insurance provided shall waive any rights of recovery against Client -designated additional insured(s), because of any payment made to the extent coverage is provided by the policy. Waiver of Subrogation provision shall be provided by CG2404 0509, or other comparable endorsement. c. Owned. Hired and Non -Owned Automobile Liability Insurance, with a limit of not less than $1,000,000 combined single limit for bodily Injury and property damage liability arising out of the maintenance or use of any policy covered hired or non -owned automobile by Consultant or Consultant's employees in the course of Consultant's business. Consultant specifically agrees, pursuant to this Agreement, to the following: I. Additional Insured Provision: Shall include Client -designated additional insured(s), to the extent coverage is provided by the policy. it. Waiver of Subroaation Provision: The insurance provided shall waive any rights of recovery against Client -designated additional insured(s), because of any payment made to the extent coverage Is provided by the policy. d. Commercial Umbrella or Excess Liability Insurance, on a follow form basis with a limit of not less than $2,000,000 each occurrence and $2,000,000 general aggregate limit. Coverage shall be excess of commercial general liability, hired and non -owned automobile liability and employers' liability with such coverage being concurrent with underlying Insurance. Proposal for CEQA Analysis Garry Avenue Business Park July 26, 2021 Paae 18 e. Workers' Compensation Insurance, covering Consultant's employees in accordance with statutory requirements of all jurisdiction(s) in which Services are being performed and Employers' Liability Insurance in an amount of: Bodily Injury by Accident: $1,000,000 Each Accident Bodily Injury by Disease: $1,000,000 Policy Limit Bodily Injury by Disease: $1,000,000 Each Employee Consultant specifically agrees, pursuant to this Agreement, to the following: 1.. Warmer of Subroaation Provision: The insurance provided shall waive any rights of recovery against Client because of any payment made to the extent coverage is provided by the policy. Waiver of subrogation provision shall be provided by WC 04 03 06 (Ed. 4-84) from the Workers' Compensation Insurance Rating Bureau or WC 00 03 13 (Ed. 4-84) from the National Council on Compensation Insurance, or other comparable endorsement. f. Certificates of Insurance: Prior to the commencement of this Agreement and upon the renewal of any of the Insurance policies required hereunder, Consultant shall furnish certificates of insurance to Client as evidence of the insurance listed in Article VI. 2. Compliance with Code: Consultant shall exercise due and reasonable professional care in observing those federal, state, and local -codes, standards, statutes, and regulations applicable at the time Consultant renders service. Notwithstanding the foregoing, Consultant has no responsibility for thediscovery, presence, handling; removal, or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form of the Project site, It is understood, however, that various codes and regulations are subject to varying and sometimes contradictory interpretation. Consultant shall exercise its professional skill and care consistent with, and limited to, thegenerallyaccepted standard of care to provide a design that complies with such regulations and codes. VII. DISPUTE RESOLUTION - 1. (a) Except as provided in subdivisions (b) and (c), in an effort to resolve any conflicts that arise during the design or construction of the project or following completion of the project, Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation, unless the parties mutually agree otherwise.(b) Subdivision (a) shall not preclude or limit Consultant's right to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court.(c) Subdivision (a) shall not preclude or limit Consultant's right to record. 2. Reliance on Information Provided by Others: Consultant shall be entitled to rely, without liability, on the completeness and accuracy of any and all information and data provided by Client, Client's consultants and contractors, and information from public records, without the need for independent verification. Notwithstanding the foregoing, Consultant shall use its reasonable judgment and experience in determining whether such reliance is advisable. Client will also require its consultants and contractors to promptly notify Client if its consultants or contractor(s) observes or becomes aware of faults or defects In documents prepared by Consultant and Client will provide prompt written notice to Consultant. 3. Assignment: Neither Consultant nor Client may assign its obligations, interests, or delegate its duties under this Agreement,(including monies that are due or monies that may be due) without prior written permission of the other party, which consent shall not be unreasonably withheld. 4. SeverabilitK If any of the provisions of this Agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon Consultant and Client hereto. Consultant and Client agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision. Vill. GENERAL PROVISIONS Proposal for CEQA Analysis July 26, 2021 Garry Avenue Business Park Page 19 1. Suspension of Services: Services may be suspended in the event of the following: a. A substantial failure of performance by either party. b. - Any Client's payment is more than 30 calendar days past due and Consultant shall have no liability to Client for delay or damage caused Client because of such suspension of services. C. Before resuming services, Client shall pay Consultant all sums due prior to such suspension and expenses -- incurred in the interruption and resumption of Consultant's services. Consultant's fees for the remaining services and the time schedules shall be equitably adjusted. d. If the Project is abandoned or suspended in whole or part for more than a cumulative ninety (90) calendar days or Indefinitely postponed either party may terminate this Agreement and Consultant shall be paid for all services provided. e. If the Project is resumed after a delay of more than ninety (90) calendar days in the aggregate, Consultant shall be entitled to additional compensation for remobilization costs and the time schedules shall be equitably adjusted. 2. Termination: Either party may terminate this Agreement upon seven (7) working days' written notice to the other party, with or without cause. Said notice shall be deemed to be effective upon delivery to the other party. In the event of termination by Client, Consultant shall cease work at the time specified or if no time is specified, at the end of the day on the day receipt of the notice. Consultant shall be paid in full for services performed and expenses Incurred to date as reasonably agreed upon by both parties. 3. Third -Party Beneficiaries: Client and Consultant agree that services performed by Consultant under this Agreement are solely for the benefit of Client, and are not Intended by either Client or Consultant to benefit any other person or entity including, but not limited to, the Project contractor and/or any of its subcontractors, Any such benefit is purely incidental and such other person shall not be deemed a third - party beneficiary of this contract. 4. Governing Law; This Letter Agreement shall be governed in accordance with the laws of the state in which the Project is located, excepting those provisions dealing with conflicts of laws. Tori Pierson Date 2G22.0 le 1240:seeson m'ua ENVIPLA-n2 RHOITFR A`.i t CERTIFICATE OF LIABILITY INSURANCE DATE DIYYYY) s1s/2o22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License QE67766 IDA Insurance Services 3875 He yard Road - Suite 200 CONT ME: ACT David Sifuentes PHONE FAX (AIc, No, 1(925) 660-3507 LAIC, No):(925) 416-7869 ADDRESS: David.Sifuentes@ioausa.com Pleasanton, CA 94588 - INSURERS AFFORDING COVERAGE NAICe INSURER A: Continental Casualty Company 20443 INSURED : INSURER B: Hartford Casualty Insurance Company 29424 Environment Planning Development Solutions Inc dba EPD - Solutions Inc INSURER C : 2355 Main Street Suite 100 INSURER D : INSURER E Irvine, CA 92614 NSURER F : COVERAGES � CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE. ADDL INSD SUBR Wife POLICY NUMBER POLICY EFF POLICY UP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ry OCCUR X X B6.025654530 6/23/2022 6/23/2023 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea occugence) 1,000,00 $ MED UP (Any one persom $ 10,000 PERSONAL&ADV INJURY 2,000,000 GEHL AGGREGATE LIMIT APPLIES PER POLICY j �T LOC GENERAL AGGREGATE 4,000,000 PRODUCTS - COMP/OP AGO 4A00,00 OTHER: A AUTOMOBILE LIABILITY COMBINED dard,SINGLE LIMIT is $i 1,000,000 BODILY INJURY PerPerson) s ANYAUTO X X B6025654530 6/2312022 6/23/2023 OWNED SCHEDULED AUTOS ONLY AUUT�OpS BODILY INJURY Per accident ParracclRtlent AMAGE $ X AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB OCCUR EACH OCCURRENCE 4,000,000 X AGGREGATE 4,000,000 EXCESS LIAB CIAIMS-MADE X X B 6025663132 6/2312022 6/23/2023 DED X RETENTION$ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROP RIETORIPARTNERIEXECUTIVE YIN WQO FICER/M%R EXCLUDED? ❑N `Mandatary in NH) ayes, describe under DESCRIPTION OF OPERATIONS below NIA X 57 WEG AC20BW - -. 9/3012021 913012022 PER OTH- X E E.L.. . EACH ACCIDENT 1,000, E. L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 A Professional Liab. X EEH591923312 9/3012021 913012022 Per Claim 2,000,000 A Professional Liab. X EEH591923312 - 9/3012021 9/30/2022 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Santa Ana is included as additional Insured on Commercial General Liability and Hired and Non -Owned Auto Liability, as required by written contract. Waiver of Subrogation andPrimaryand Non -Contributory Provision included on Commercial General Liability Policy, as required by written contract. Waiver of Subrogation Provision included on Workers Compensation policy, as required by written contract -Commercial Excess Liability policy follows form With the Commercial General Liability, Hired and Non -Owned Auto Liability and Employers Liability Policies. and Employers Liability Policies. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Professional Liability is a claims made policy and includes Waiver of Subrogation Provision as required by written contract. 30-Day Notice of Cancellation is included per policy provisions. City of Santa Ana Risk Management Divison 20 Civic Center Plaza, 4th Floor SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROV y, AUTHORIZED REPRESENTATIVE ` REv1LwEDi APmoaID Br. V�-t` ` 2uN Managnmrt<Iniral Aide ACORD 25 (2016/03) ©1988-2015 ACORD CC I V The ACORD name and logo are registered marks of ACORD CNA SB-146968-A (Ed. 01 /06) Policy # B6025654530 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of. the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury.", B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the Sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not C. in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFINITIONS — "Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. SB-146968-A (Ed. 01106) 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; w.t p m, on;do . RF,e�c & 6 Arrnwm By. Ruk Minage,m,t CIRiu1NJe 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has .insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. 3. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary tor primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been 'added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured SB-146968-A (Ed. 01/06) SB-146968-A (Ed. 01/06) against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional 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., (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." R %au (�indox Ruxhbrwgmn" Uen�a�aae CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON -OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Insurance is provided only with respect to those coverages for which a specific limit is shown: COVERAGE LIMIT Hired Ruto LiabilitY7 $ 1, 000, 000 Non -owned Auto Liability: $ 1,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS A. COVERAGE With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for 'bodily injury' and "property damage" also applies to "bodily injury" or "property damage" arising out of the maintenance or use of a: • "Hired ni dn" i icpd by vnu nr vnur "Pmnlnvpe" in the eni vep of vni it hi wins, nn&nr • "Non -owned auto' used in the course of your business. Maintenance or use of a "non -owned auto" includes test driving in connection with an "auto business." With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to: Delete paragraph A.1.b.(1)(b) and replace it with the following: b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (b) The "occurrence" occurs during the policy period; and 2. Delete paragraph A.1.b.(2),. B. LIMITS OF INSURANCE With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance is deleted in its entirety and replaced with the following: D. Limits Of Insurance 1. Regardless of the number of: a. Insureds; b. Claims made or "suits" brought; C. Persons or organizations making claims or bringing "suits"; or SB146902G (6-16) Page 1 Enc 7ou Dcao.e E n ,MeyF,aadasaaw,. Insured Name: OF 0 CNA All Rights Reserved. d. "Autos," the applicable Hired Auto Liability limit or Non -Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A. Coverages because of all "bodily injury" and "property damage" resulting from any one "occurrence" arising out of the maintenance or use of a "hired auto" or "non -owned auto". C. EXCLUSIONS With respect only to the insurance provided by this endorsement: Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a., b., d., e., f. and i. and to add the following exclusions: This insurance does not apply to: Fellow Employee "Bodily injury" to: (1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of Paragraph (1) above. Care, Custody or Control "Property Damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. D. WHO IS AN INSURED With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: 1. You; 2. Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business. 3. Anyone else including any partner or "executive officer" of yours while using with your permission a "hired auto" or a "non -owned auto" except: a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "non -owned auto" or any agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; Risk M...ge"mto6ttlan SB146902G (6-16) rseessr�eaa Page 2 Enc Insured Name: 00 © CNA All Rights Reserved. CHA C. Your "employee" if the covered "auto' is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with respect to any "auto' owned by such partner or officer or a member of his or her household; e. Any partner or "executive officer" with respect to any "auto' leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto business" you operate; g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while moving property to or from a "hired auto' or a "non -owned auto"; or 4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2. or 3. above. E. AMENDED DEFINITION The Definition of "insured contract' in Section F — Definitions is amended by the addition of the following exceptions to paragraph f.: Paragraph f. does not include that part of any contract or agreement: That pertains to the loan, lease or rental of an "auto' to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or That holds a person or organization engaged in the business of transporting property by "auto' for hire harmless for your use of a covered "auto' over a route or territory that person or organization is authorized to serve by public authority. ADDITIONAL DEFINITIONS Section F. Definitions is amended by the addition of the following definitions: a. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos." b. "Hired auto" means any "auto' you or your "employee" lease, hire, rent or borrow in the course of your business. This does not include: i.: Any "auto' you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or ii. Any "auto' you lease, hire, rent or borrow from any of your "employees," partners, stockholders, or members of their households. C. "Non -owned auto' means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of the 'occurrence." This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of the "occurrence." If you are a sole proprietor, "non -owned auto' means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at tha pima of tha "occurrence." Rb4Ato.gaeea UMtlm SS146902G (6-16) 611. REV0lWa & Page 3 Enc 7ou f�cwar E 2ekM'OH 111E1e Insured Name: 0 CNA All Rights Reserved. G. With respect only to the operation of a "hired auto" or "non -owned auto," Paragraph H, of the Businessowners Common Policy Conditions is deleted and replaced with the following: H. Otherinsurance 1. Except for any liability assumed under an "insured contract" the insurance provided by this Coverage Form is excess over any other collectible insurance. However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your "employee." 2. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. SB146902G (6-16) Page 4 Enc f "u pa"I" E RuxM1Ur4H�Bf9FlT1I3fpiae Insured Name: 00 © CNA All Rights Reserved. 9, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG AC20BW Endorsement Number: Effective Date: 09130/2021. Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Environment Planning Development Solutions Inc dba EPD Solutions Inc 2355 Main Street Suite 100 Irvine, CA 92614 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. IYy:l=1Bill IN Person or Organization - . Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Form WC 04 03 06 (1) Printed in U.S.A. wrM g�uma, 1 ftr-v m6 APv Ws.: %au Pwwar x;xnkn.�ie�,ran��iaar Policy Exr.,