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HomeMy WebLinkAboutRINCON CONSULTANTS, INC. 5 -2014N6UNANCR ON hil i A-2014 -259 WORK MAY PROCEED UNTIL INStJRANCE EXPIRES ct- CLERKt OUNGIL. BATE: 7 2 ? i CONSULTANT AGREEMENT tCl THIS AGREEMENT, made and entered into this 21" clay of October, 2014 by and between Rineon Consultants Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of ® California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. v B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm . in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act aid the National ;Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the City Manager and Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the City Manager, Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, tier itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official eludes, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for govennnental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended wider this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall cominence on the date first written above and terminate on October 21, 2017, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the City Manager, Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f I£ Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. S. 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. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M -20) P.O. Box 1988 Ems! Santa Ana, California 92702 telefacsimile (714) 973 -1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Rincon Consultants, Inc. 180 N. Ashwood Avenue Ventura, CA 93003 telephone (805)644 -4455 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work products completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defirned and prohibited by applicable; law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affums that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties 'further agree that Orange County, California, shall be the venue for any action or proceeding that may be 'brought or arise out of, in connection with or by reason of this Agreement. 16, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall inderrnnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Att9Qy I � By: Ryan Ho( Assistant RECOMMENDED FOR APPROV HA SAN HAGHANI Executive Director Planning & Building Agency CITY OF SANTA r DAVI C City Manager CONSULTANT: Tax ID# � CONSULTANT'S PROPOSAL AND FEESCHEDULE RINCON CONSULTANTS, INC. Standard Fee Schedule for Environmental Sciences and Planning Services Rincon Consultants' fee schedule is based on the time that is charged to projects by our professionals and support staff. Direct costs associated with completing a project are also billed to the project as outlined under Reimbursable Expenses below. The following sets forth the billing rates for our personnel. "Professionals include environmental scientists, urban planners, biologists, geologists, and cultural resources experts Expert witness services consisting of depositions and in -court testimony are charged at a rate of $295/hour, Photocopying and Printine Photocopies will be charged at a rate of $0.08 /copy for single -sided copies and $0.16 for double -sided copies. Colored copies will be charged at a rate of $1.00 /copy for single -sided and $2.00 /copy for double -sided or 11 "x17" copies. Oversized maps or display graphics will be charged at a rate of $8.00 /square foot. Reimbursable Expenses Expenses associated with completing a project are termed Reimbursable Expenses. These expenses do not include the hourly billing rates described above. Reimbursable expenses include, but are not limited to, the following: 1. Direct costa 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, pe init charges and filing fees, printing and graphic charges, mailings and postage, performance bonds, sample handling and shipment, equipment rental other than covered by the above charges, etc. Communications charges and miscellaneous office expenses (including PDAs, cell phones, phone, flax, and electronic data transmittals, digital cameras, photo processing, etc.) are billed at 3% of total labor, 2. Vehicle use in company- owned vehicles will be billed at a day rate of $85 1day for regular terrain vehicle use and $135 per dmj for 4-WD off -road vehicle use, plus $0.85/rnile for mileage over 50 miles per day. For transportation in employee - ozoned automobiles, a rate of $0.85 1mile will be charged. Rental vehicles will be billed at cost plus 15%. June 2015 Environmental Scientists Planners Engineers Principal II $ 215 /hour .............. Principal 1 _ -.- $1951hour ............ ... I ........... ... _._.._._. ...._._..._._..__ Senior Supervisor 11 ...._._.__._._..._ $1751hour Supervisor 1 $165 /hour Senior Professional 11 $1451hour Senior Senior Professional 1 .......... $135 /hour Professional IV $ 1201hour Professional 111 $110 /hour Professional 11 $ 95 /hour _.__.__...__.__ - -__.. _---._._._._._._._.---.._._..---_-_-.---_---- Professional l $ 85 /hour -- - — _ -.._..........__._._......_... - -- -- -- - Environmental Technician /Field Aide — - -- _- - - - - -- $ 75 /hour - ... _._._._.._. --- -___ ...- Senior GIS Specialist - ----- - ------ - - -____ $ 1151hour ._...__ GIS /CADD Specialist 11 __.... $ 100 /hour - ..... ..... ---- - - -... . GIS /CADD Specialist 1 - — - - -- _- $ 90 /hour _ . ... -- -.. - -- Graphic Designer -- $ 85 /hour Technical Editor $ 95 /hour _.---- _._..... . _._._._._ ...._____.__ Clerical /Administrative Assistant 11 __...__... ..._ --- _.- - -- $ 75/hour ....- . ......... .. ... ........._ ... Clerical /Administrative Assistant 1 ..... ........ __ _._...-..._.__. $ 65 /hour "Professionals include environmental scientists, urban planners, biologists, geologists, and cultural resources experts Expert witness services consisting of depositions and in -court testimony are charged at a rate of $295/hour, Photocopying and Printine Photocopies will be charged at a rate of $0.08 /copy for single -sided copies and $0.16 for double -sided copies. Colored copies will be charged at a rate of $1.00 /copy for single -sided and $2.00 /copy for double -sided or 11 "x17" copies. Oversized maps or display graphics will be charged at a rate of $8.00 /square foot. Reimbursable Expenses Expenses associated with completing a project are termed Reimbursable Expenses. These expenses do not include the hourly billing rates described above. Reimbursable expenses include, but are not limited to, the following: 1. Direct costa 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, pe init charges and filing fees, printing and graphic charges, mailings and postage, performance bonds, sample handling and shipment, equipment rental other than covered by the above charges, etc. Communications charges and miscellaneous office expenses (including PDAs, cell phones, phone, flax, and electronic data transmittals, digital cameras, photo processing, etc.) are billed at 3% of total labor, 2. Vehicle use in company- owned vehicles will be billed at a day rate of $85 1day for regular terrain vehicle use and $135 per dmj for 4-WD off -road vehicle use, plus $0.85/rnile for mileage over 50 miles per day. For transportation in employee - ozoned automobiles, a rate of $0.85 1mile will be charged. Rental vehicles will be billed at cost plus 15%. June 2015 Environmental Scientists Planners Engineers RINCON CONSULTANTS, INC. Equipment Schedule for Environmental Sciences and Planning Services June 2015 Environmental Scientists Planners Engineers Environmental Site Assessment Bailer $ 25 Day Brass Sample Sleeves $ 10 Each DC Purge Pump �_ $ 35 Day Disposable Bailer $ 20 Each Flame Ionization Detector $ 200 Da Four Gas Monitor $120 _ Da Hand Au er Sam ler $ 55 Da Level C Health and Safety $ 60 _ Person per da Oil -Water Interface Probe __ $ 85 Da Photo - Ionization Detector $120 Da Soil VaporMoni_ t °r n E9u2ment $140 _ Da Water Level Indicator $ 35 Da Water Resources = Dissolved Ox en Meter $ 45 Day Refractometer salinit $ 30 Da Sterilized Sample Jar $ 5 Each _ Temp -pH- Conductivity Meter _ _ $ 50 Day Turbidity Meter $ 30 Da NaturaLResources Field E w ment` °> ,� , FiberoptCScope $ 90 DaY Infrared Sensor Di ital Camera $ 50 Da Field Equipment Package, amphibian survey (digital camera, GPS, thermometer, decon chlorine, waders, float LLbe,_haTj netl, $ 150 Da Field Equipment Package, construction monitoring (digital camera, GPS, thermometer, binoculars, field computer, safety e ui ment $ 95 Da Field Equipment Package, standard (digital camera, GPS, thermometer, _binoculars, and botanic collecting equipment _______g__ _ $ 45 Day Field Equipment Package, remote (digital camera, GPS, thermometer, binoculars, field computer and mifi, Delorme Satellite Beacon, 24 -Hour Safety Ph4Re1 _ _ _ _ ___ _ $125 ___ Day__ Laser RangefinderlAltitude $ 10 Da _ _ _ _ Mammal trap, la ge I small mm_ _� _ X1.501 Each per trap Minnow trap _ $ 85 Each periob Net, hand I large seine _ _ �® �Pettersson $ 10/$50 Dam Bat Ultrasound DetectorlRecordinp Equipment $ 150 Job Pit -fall Tra __. $ 5 Each per trap Scent Station $ 20 Station S otli ht $ 5 Da.1 Trimble® GPS submeter accuracy] $ 190 Job _ Spotting Scope $ 150 Job Multi- Services Field Equipment __ Anemometer $ 5 w Day Computer Field Equipment_ W $ 45 GPS unit, standard field $ 10 Day Sound Level Meter $ 75 _ Dam ._ . June 2015 Environmental Scientists Planners Engineers EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative Em AR o® CERTIFICATE ®F LIABILITY INSURANCE D1 /z6�2o 6Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, 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 CONTACT Pam Ayerle AINS 6737 : AIC No: (805)585 -6837 poSx 5tolmanandwiker. Tolman & Wiker Insurance Services LLC #OE52073 196 S. Fir Street P ayerle com PO Box 1388 INSURERIS) AFFORDING COVERAGE NAICIf INSURER A:Travelers Prop Cas CO of Amer 025674 Ventura CA 93002 -1388 INSURED INSURERB:TOr'us National Ins CO 25496 INSURER C : INSURERD: Rincon Consultants Inc. INSURERE: $ 180 N. Ashwood Ave. INSURER F: Ventura CA 93003 COVERAGES CERTIFICATE NUMBER:15 /16 AU /WC 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. IITR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS David Shore /PAMELA COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMSMADE OCCUR DAMA ET RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY [] PECT RO- ❑ LOC J PRODUCTS - COMPIOP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 8 BODILY INJURY (Per person) $ A ANYAUTO ALL AUTOS OWNED SCHEDULED BA- 5G112538- 15 -DAG 12/17/2015 12/17/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOMPARTNER /EXECUTIVE OFFICERIMEMBER EXCLUDED? F-1 (Mandatory In NH) NIA T10160329 2/1/2016 2/1/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (ACORD 101, Addltl one] Remarks Schedule, may be attached if more space Is required) AUTO: The City, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to operations of the Named Insured per form CAT4740215. WC: A Waiver of Subrogation is added in favor of the Certificate Holder per form WC040306. Endorsements apply only as required by written contract during the policy term. npxv t C�.I T_n CERTIFICATE HOLDER CANCELLATION sharon @wcspermits.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Planning & Building Agency ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 David Shore /PAMELA ACORD 25 (2014101) INS025 (201401) ©1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RINCCON -01 LEACHE 4 R° CERTIFICATE OF LIABILITY INSURANCE DATOIYYYV) 100/2/21212015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, 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 Legends Environmental Ins. Services 130 Vantls 250 CONTACT Elizabeth Leach NAME: PAHONN Ex .(g00) 992.6999 FAX Nob (800) 999.3987 ADDRESS: Elizabeth.Leach @ioausa.com R:l�i�za6eth.Leach@ioausa.com Aliso Viejo, CA 92656 INSURER(S)AFFOROING COVERAGE NAIC# INSURER A: Crum & Forster Specialty Insurance Company 44520 INSURED INSURER B: $ 3,000,00 INSURER C CLAIMS -MADE ❑X OCCUR Rincon Consultants, Inc. INSURER 0: EPK- 105397 210 N Ashwood Ave Ventura, CA 93033 INSURER E: R TED PREMISES —R Ea INSURER F: MED EXP(Any one person) 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 LTR TYPE OF INSURANCE ADDL 9 POLICY NUMBER POLICY EFF MM/DDIY YY POLICY EXP MMIDDfYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 3,000,00 CLAIMS -MADE ❑X OCCUR X EPK- 105397 09/22/2014 09122/2016 R TED PREMISES —R Ea $ 50,000 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 3,000,00 GEN% AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 4,000,00 POLICY JECT E LOC PRODUCTS - COMP /OP AGG $ 4,000,00 Deductible $ 2,50 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS k Per accident BODILY INJURY ( ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A X EXCESS LIAB CLAIMS-MADE EFX- 104375 09/22/2015 09/22/2016 AGGREGATE $ 5,000,00 DEL) I X RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER /MEMBER EXCLUDED? NIA PER OTH. STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE EA EMPLOYE $ (Mandatory in NH) Ifyes, describe a nder DE SCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ A Professional Liab.* EPK- 105397 09/22/2014 09122/2016 Included in Above GL DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) *Professional Liability and Transportation Pollution 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. The City of Santa Ana, its officers, employees, agents and volunteers are included as additional Insureds with regard to liability and defense of suits arising from work performed by or behalf of the named insured. General Liability is Primary and Non - Contributor. 30 days notice of cancellation except for 10 days for non - payment of premium. �_- - _— .._____- - _.. .._ --. Vt CERTIFICATE HOLDER CANCELLATION ­7 ADZ- A2v J /_ ACORD 25 (2014101) @ 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Santa Ana /} 20 Civic Center Plaza Santa Ana CA 92702 ACORD 25 (2014101) @ 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: EPK- 105397 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organiza- tion(s) Location(s) Of Covered Operations Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured. here specified by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 POLICY NUMBER: EPK- 105397 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organiza- Location And Description Of Completed tion s Operations Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured for Completed Opera- tions Coverage. Where specified by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or 'property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ PPK- 105397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed as follows. Solely with respect to the specified project listed below and subject to all terms, conditions and exclusions of the policy, this insurance shall be considered rp imary to the Additional Insured listed below if other valid and collectible insurance is available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A. It is also agreed that any other insurance maintained by the additional insured shall be non - contributory. Additional Insured(s) Specified Project Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured on a primary and non contributory basis. Where specified by written contract. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. CFENV 01 036 10 13 Includes copyrighted material of American Safety Indemnity Company with Page 1 of 1 its permission Copyright©2004 American Safety Indemnity Company EPK- 105397 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at anytime; IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful: or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre- sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ Form (Rev, C Daparti Internal (V N N a 0 ac o�C � b :E yU to m v1 ® Request for Taxpayer Give worm to the lecember 2014) Identification dumber and Certification requester. ®o not nenl of the Treasury send to the IRS, Revenue Service 1 Name tas shown on your Income tax return). Name Is required on this line; do not leave this line blank. Rinoon Consultants, Inc. 2 Business name /dlsragarded entity name, If different from above 3. Check appropriate box for federal tax clasalficatlon; check only one of the following seven boxes: 4 Exemptions (codes apply only to ❑ Individual /sole proprietor or [] C corporation IZ✓ S Corporation ❑ Partnership El Trust/estate carten entitles, not Individuals; see Inelections on page 3): single-member ember LLC [] Limited liability company. Enter the tax classification (C=C corporation, 9=S corporation, p= parGnarshlp) P Exempt payee code tit any) Note. For n single- member LLC that Is disregarded, do not check LLC, check the appropdars box in the line above for Exemption from FATCA reporting the tax classification of the single- member owner, code (If any) Q Other (see Instructions) b (Mall• +h,- mnw,ls n,ennemee ounmrz ne US) 6 Address (number, street, and apt, or suite nc.) Requester's name and address (optional) 190 N. Ashwood Avenue S City, state, and ZIP code Ventura, CA 93003 7 List account number(6) hero (optional) lax aver Identification IUtamber (TIPI) .__. Enter your TIN in the appropriate box. TheTIN provided must matoh the name given online t to avoid backup. withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3, for other entities, It Is your employer Identification number EN). If you do not have a number, see Haw to gat a TIN on page 3. Note, If the account is in more than one name, seethe Insh uotions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number ) ® Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified . by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (o) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The. FATCA coddle) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out list 2:above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you. are not required to sign the certification, but you must provide your correct TIN. See the srgul Signature of y t Here U.S.personk : ; ,, _ 1� ' v "O Date I, General Instructions Section references are to the Internal Revenue Code unlas's otherwise noted. Future developments. Intel 'motion about developments affecting Form W -9 (such as legislation enacted after we release In Is at wwwAregov/Iw9. Purpose of Form An individual or entity (Form W -9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number ISSN), Individual taxpayer identlNation number(ITIN) adoption taxpayer Identification number(AT(N), or employer Identldcation number(EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return, Examples of Information returns Include, but are not limited to, the following; • Form 1099 -1 NT (interest earned or paid) • Farm 1999 -DIV (dividends, including those from stocks or mutual funds) • Form 1099 -MISO (various types of Income, prizes, awards, or gross proceeds) • Form 1996 -0 (stoolk or mutual fund sales and certain other transactions by brokers) • Form 1099 -5 (proceeds from real estate transactions) • Form 1099 -K (merchant card and third party network b ansactions) • Form 1086 (home mortgage Interest), 1098-r (student loan interest), 10984 (tuition) •. Form f 092 -0 (canceled debt) • Form 1099 -A (acquisition or abandonment of secured property) Use Form W -9 only If you are a U,S, person (Including a resident alien), to provide your correct TIN. If you do not ratum Form W -9 to the requester exth a TIN, you might be subjoot to backup withhotding, See What is backup wlthholding? on page 2. By signing lire filled- outform, you: 1, Certify that the TIN you are giving Is correct (or you are welting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Clain exemption from backup withholding If you are a U.S, exempt payee. If applicable, you are also codifying that as a U.S. person, your allocable Share of any partnership Income from a U.S. trade or business IS not subject to Via withholding tax on foreign partners' share of effectively connected Incoino, and 4. Certify that FATCA code(s) entered on this form (It any) Indicating that you are exempt from the FATCA reporting, Is comet, Son What Is FATCA reporting? on page 2 for further Information. Cat. No, 10231x Form W -9 (Rev. 12-20141 CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY Certificate of Liability Insurance Checklist for Consultant /Sub - recipient Policies Name of Consultant /Sub - recipient: C w + ' +J C= Date Certificate of Liability Insurance Submitted: , /7�l Steps: (a) Obtain Copy of (Current) Contract; (b) Identify Insurance Paragraph in Contract; (c) Review Insurance Requirements Stated in the Contract and Compare with the Certificate of Insurance Submitted for Approval; and (d) Check -off Each Item Below During Your Review of the Submitted Certificate of Insurance: [v]� 1. Name and Address of a Producer 7. Policy Number and Check to Verify Insurance is Effective During Project Date [✓f 2. Name and /or Telephone Number for or Contract Term Producer Contact [,1 3. Name and Address of Consultant /Sub [✓r4. Name of the Insurance Company(ies) [✓f 5. Boxes Checked Identifying the Type of Coverage [vf 6. Additional Insured Box Maybe Checked and Separate Additional Insured Endorsement Form Must Be Attached (make sure the endorsement lists the insurance policy #) and Verify Primary Language on Acceptable Additional Insured Endorsement [v]' 8. Correct Coverage Dollar Amounts Listed [ er9. Professional Liability Insurance Listed (if architect, engineer, attorney or accountant) [✓]�10. Project Description by Number or Location (if applicable) [✓f 11. Name of City and Address [c j� 12. Insurer's Signature Required not the consultant's signature) [ ] 13. To Ap rp ove, Write "Reviewed by [sign your name]" on Every Page of Certificate of Insurance and All Endorsements and Write the Number of Pages (ex. 1/4 or 4/4) Contact the City Attorney's Office if you have any questions — Lisa Storek x5207.