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HomeMy WebLinkAboutContracts & Agreements_191-2023AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of environmental site assessment services at the Alabama Street Septage Disposal Ponds ("Agreement") is made and entered in this 31st day of October, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Rincon Consultants, Inc., a California corporation. ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1 — ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide environmental site assessment services at the Alabama Street Septage Disposal Ponds services for City (the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City designates John R. Harris, Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is attached hereto and incorporated herein by reference. 4.2 The term of this Agreement shall be for a period of two (2) years commencing as of the Effective Date, unless terminated earlier as provided herein. 1 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5. 1 Compensation: Total compensation for Consultant's performance of the Services shall be in the amount of one hundred thirty-two thousand nine hundred dollars ($132,900). City shall pay Consultant in accordance with Exhibit "C," titled "Cost Proposal" which is attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY: City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone: (909) 798-7531 CONSULTANT: Ryan Thacher, Director Rincon Consultants, Inc. 1980 Orange Tree Lane, Suite 105 Redlands, California 92374 Email: rthacher@rinconconsultants.com Phone: (831) 566-3081 Fax: (909) 253-0705 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a 2 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage, and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Consultant shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by 3 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement .the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to 4 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. 5 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF By: Eddie Tejeda, Mayor ATTEST: e Donaldson, City Clerk 6 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms RINCON CONSULTANTS, INC. By: 'etPCTOLeitir—, Thache , Director EXHIBIT "A" SCOPE OF SERVICES The scope of work for the additional site assessment services is described below. PFAS Leaching Investigation Task 1: Work Plan Revisions Following transmittal of the draft PFAS Leaching Investigation Work Plan, Rincon anticipates that the Regional Board will provide one round of comments prior to finalization. Following receipt of the Regional Board's comments, Rincon will revise and finalize the PFAS Leaching Investigation Work Plan prior to implementation of the field activities described below. Task 2: Pre -Field Activities Rincon will conduct the following activities prior to conducting field work at the site: Health and Safety Plan: Prior to the commencement of any field sampling, Rincon will update the health and safety plan prepared for prior assessments at the septage ponds to include activities associated with the proposed soil investigation. This plan describes the steps necessary for the field crew to operate on site in a safe and healthy manner, including steps to minimize exposure of the crew to potential contaminants. The preparation of such a plan is required by Federal guidelines for site assessment work. Boring Mark -outs and USA Notification: Rincon will pre -mark the proposed soil sample and monitoring well locations with white flags and white spray paint and notify Underground Service Alert (USA) utility marking service prior to performing soil and groundwater sampling. California law requires this notification no less than 48 hours prior to drilling, not including the date of notification. Task 3: Soil Sampling Soil samples will be collected from the septage ponds, from the native soil beneath the septage ponds, and from the perimeter of the septage ponds. Soil samples will be collected as follows: Septage Pond Samples Nine total soil samples will be collected from the septage pond material. Samples will be collected from each of the septage ponds. Borings will be advanced in the pond material using a track mount direct push drill rig within the septage ponds with a 14-inch diameter drill bit. Soil samples will be collected using a steel core barrel with an acetate or other PFAS-free liner. Native Soil Samples Beneath the Septage Ponds Nine total soil samples will be collected from the native soil beneath each of the septage ponds. As described above, soil borings will be advanced into the pond material using a 14-inch diameter drill bit. Once the interface between the pond material/native soil interface is reached, the zone between the pond material and native soil will be sealed off using hydrated bentonite chips. The hollow stem auger drill rig will advance 8-inch borings through the hydrated bentonite chips to reduce cross contamination to native soil underlying the pond material. Soil samples will be collected using a steel core barrel with an acetate or other PFAS-free liner. 7 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms Perimeter Soil Samples Nine total samples will be collected from surface soil from the perimeter of the septage ponds. Soil samples will be collected using a hand auger. Samples will be collected at depths of approximately 0.5 foot below ground surface (bgs). In addition, samples will be collected from the same perimeter sampling locations sampled during the subsurface investigation to vertically delineate PFAS in perimeter soils. Samples will be collected at 5- feet bgs. Task 4: Laboratory Analytical Soil samples will be analyzed for leaching potential using the Leaching Environmental Assessment Framework (LEAF) method or the Synthetic Precipitation Leaching Procedure (SPLP). For the LEAF method, a total of 27 samples would be collected and 3 composite samples will be analyzed. PFAS results would be reported for each of the 27 soil samples, while leachability results would be reported for the composite samples collected from each of the specific sampling media targeted. If the SPLP method is used, up to 30 samples would be collected and analyzed for PFAS and leachable PFAS. The additional five perimeter samples that will be collected at 5-feet bgs will be analyzed for PFAS by Department of Defense (DoD) Table B-15 of the Quality Systems Manual (QSM), dated 2017, Version 5.1 or later. Task 5: PFAS Leaching Investigation Reporting Rincon will prepare a PFAS Leaching Investigation Report, wherein the results of the PFAS leaching investigation will be described. In addition, Rincon will recommend a site -specific cleanup goal based on the results from the PFAS leaching investigation. Task 6: Updates to Conceptual Site Model The Conceptual Site Model will be updated to include data collected from the 2021-2022 subsurface investigation and from the PFAS leaching investigation. Figures, tables, and attachments will be updated to include the most recent data and conclusions will be updated to reflect the most current understanding of the site. Task 7: Meetings and Project Management Rincon anticipates three 1-hour meetings with the City and/or the Regional Board will be required to review the CSM, to finalize the work plan for the PFAS leachability study, and to discuss the results. In addition, administrative project management costs are included in this task. Contingency The Regional Board may request additional assessments be conducted to further delineate the lateral extent of PFAS contamination at the site following the PFAS leaching investigation. To account for potential additional PFAS sampling requests by the Regional Board, Rincon has included a contingency task which includes the collection of up to 12 soil samples to be analyzed for PFAS. Soil samples will be collected via hand auger and will be collected at shallow depths up to 5-feet bgs. These additional results would be included in the updates to the CSM described in Task 5. 8 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms Assumptions Rincon has made the following assumptions in the preparation of this proposal: a. The number of proposed soil borings are subject to change pending discussions with the Regional Board; however, these costs reflect a reasonable number of samples that may be expected by the Regional Board. b. Soil sampling will be completed over 5 days by one Rincon personnel. c. Rincon is not responsible for any damages to underground improvements not clearly or accurately marked by the City. Rincon will contact DigAlert for utility mark -outs; however, it should be noted that DigAlert often does not mark the location of subsurface utilities located on private property. If Rincon damages any subsurface utility or structure that is not identified by the City, then the City will assume the cost and all liability related to repair and injury that may occur as a result of such an occurrence. d. The subsurface is amenable to sampling using the methods described in this proposal and the sampling can be completed in the specified time frame. Rincon will advise the City of any necessary revisions to the work scope as well as additional costs, if required. e. Laboratory analytical costs included in this proposal assume a standard turnaround time. The standard turnaround time for the LEAF method is 35 business days. f. Remaining data gaps following this investigation include groundwater flow direction and subsurface lithology. Rincon assumes that the need for additional groundwater monitoring wells to be installed at the site will be driven by long-term monitoring associated with site closure. Therefore, costs to install additional groundwater monitoring wells, should they be required, are not included in this proposal. 9 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms EXHIBIT "B" PROJECT SCHEDULE The schedule for the scope of work described herein is detailed below: • Receipt of Regional Board comments to the PFAS Leaching Investigation Work Plan in December 2023. • Finalization of the PFAS Leaching Investigation Work Plan in January 2024. • Completion of soil sampling by end of January 2024. • Receipt of analytical results by end of February 2024. • Submittal of PFAS Leaching Investigation to the RWQCB in March 2024. • Updates to the CSM and submittal to the RWQCB in April 2024. 10 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms EXHIBIT "C" COST PROPOSAL Tasks Total Budget Task 1: Work Plan Revisions Task 2: Pre -Field Activities Task 3: Soil Sampling Task 4: Laboratory Analytical Task 5: PFAS Leaching Investigation Report Task 6: Updates to Conceptual Site Model Task 7: Meetings and Project Management Contingency $3,500 $3,300 $47,300 $31,500 $9,700 $6,900 $11,000 $19,700 TOTAL BUDGET $132,900 11 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code § 1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Rincon Consultants, Inc By: /I AA A dia/ Y 1' a Thachirector 12 I:\cmo\Agreements\Rincon Consultants, Inc Agreement FY22-0275.docx-ms Date: ie — l - z3 Form (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on thls line; do not leave this line blank. Rincon Consultants Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the following seven boxes. 4 Exemptions certain entitles, instructions Exempt payee Exemption code (if any) (Applies to accounts (codes apply only to not individuals; see on page 3): code (if any) III! Individual/sole proprietor or • C Corporation 0 S Corporation II Partnership III Trust/estate single -member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single -member owner. LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) I. ► from FATCA reporting Do not check of the LLC is -member LLC that maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 180 N Ashwood Ave Requester's name and address (optional) 6 City, state, and ZIP code Ventura, CA 93003 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 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 instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer identification number 7 7 0 3 9 0 0 9 3 Part 1I Certification 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. I 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 (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 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 instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. 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 (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification 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-INT (interest earned or paid) Date II. 01/03/2023 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (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 return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) AcORO1 CERTIFICATE OF LIABILITY INSURANCE L., ----- 2/1/2024 DATE(MM/DD/YYYY) 1/24/2023 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 endorsement(s). PRODUCER Lockton Insurance Brokers � LLC 777 S. Figueroa Street, 52nd F1. CA License #0F15767 Los Angeles CA 90017 (213) 689-0065 TACT NAME: NAME: PHONE FAX Ertl: (A/C, No): E-MAILo. ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Crum & Forster Specialty Insurance Co 44520 INSURED Rincon Consultants, Inc. 1462718 180 N Ashwood Ave. Ventura CA 93003 INSURER B : Hartford Fire Insurance Company 19682 INSURER c : Starstone National Insurance Company 25496 INSURER D : INSURER E : INSURER F : COVERAGES RINCO01 CERTIFICATE NUMBER: REVISION N 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 WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY y N EPK-142587 2/1/2023 2/1/2024 EACH OCCURRENCE $ 3,000,000 CLAIMS -MADE X OCCUR DAMAGE RENTE PREMISESO(Ea occur ence) $ 100,000 X SIR: $50,000 MED EXP (Any one person) $ 10,000 X P&I PERSONAL & ADV INJURY $ 3,000,000 GENT. AGGREGATE X LIMIT APPLIES JECOT PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE x X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y N 72UENOL5481 2/1/2023 2/1/2024 Ea aocdeDt) INGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX Comp./Coll. Ded $ 1,000 A _ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N EX04278419 2/1/2023 2/1/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ XXXXXXX C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER/MEM ER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A NX T10230329 2/1/2023 2/1/2024 PER STATUTE ORH ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Contractors Pollution Liab E&O Liab. N N EPIC-142587 2/1/2023 2/1/2024 Limit: $3,000,000/$4,000,000 Limit: $3,000,000/$4,000,000 Retro Date: 12/9/1994 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Effec ive 2/1/2023 — 2/1/2024: Cyber Liability $5M Limit $25K retention, Carrier: At -Bay, Policy No. ATB-6688178-01, $5M xs $5M Limit, Carrier: E-Risk, Policy No. EKS3462982, The City of Redlands and its elected officials, employees and agents are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insured(s) is primary and non-contributory to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. CERTIFICATE HOLDER CANOE 18052651 City Of Redlands 35 Cajon St, Redlands CA 92373 I 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 REPR f.. AlailOgit-'------- ©1988-2013'AC(i12D CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CITY OF REDLANDS BUSINESS TAX CERTIFICATE For Services Provided in the City of Redlands, Califomia Only" Business Name Business Location Business Owner(s) RINCON CONSULTANTS INC 180 N Ashwood Ave Ventura, Ca 93003-1810 RINCON CONSULTANTS INS, RINCON CONSULTANTS INC 180 N ASHWOOD AVE VENTURA, CA 93003-1810 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED. Business Type Description Certificate Numbe Effective Date Expiration Date 2024 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Contractor- General GEN CONST-ENVIRONMENTAL r: 08124515 July 01, 2023 June 30, 2024 For all inquiries regarding this license, contact HdL Business Tax Support Center at (909) 479-2111. RINCON CONSULTANTS INC: Thank you for your payment on your City of Redlands Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business tax certificate, contact the Business Tax Support Center via email at: Redlands@hdlgov.com or by telephone at: (909) 479-2111. Keep this portion for your tax certificate separate in case you need a replacement for any lost, stolen, or destroyed tax certificate. A fee may be charged for a replacement or duplicate tax certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of Redlands Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the city limits of City of Redlands, please display the Business Tax certificate above in a conspicuous place at the premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view upon any cart, vehicle, van or other movable structure or device at all times if required by the Collector. Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/. BUSINESS SUPPORT CENTER 8839 N CEDAR AVE #212 pip FRESNO, CA 93720-1832 br5 ac' RINCON CONSULTANTS INC 180 N ASHWOOD AVE VENTURA, CA 93003-1810 City of Redlands BUSINESS TAX CERTIFICATE Certificate Number: 08124515 Date of Issue: 07/01/2023