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HomeMy WebLinkAbout26-036 Rincon Consultants, Inc. for GHG Emissions Inventory SupportGHG Emissions Inventory Support Page 1 of 9 Professional/Consulting Contracts /Version: March 2025 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Rincon Consultants, Inc. (“Contractor”), a Corporation for GHG Emissions Inventory Support, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on December 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. GHG Emissions Inventory Support Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $34,962.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate paym ent requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this GHG Emissions Inventory Support Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. GHG Emissions Inventory Support Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance GHG Emissions Inventory Support Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until Cit y approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. GHG Emissions Inventory Support Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Ursula Syrova as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Emily Saul as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. GHG Emissions Inventory Support Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. GHG Emissions Inventory Support Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Ursula Syrova Email: ursulas@cupertino.org To Contractor: Rincon Consultants, Inc. 66 Franklin Street, Suite 300 Oakland, CA 94607 Attention: Emily Saul Email: ESaul@rinconconsultants.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE GHG Emissions Inventory Support Page 9 of 9 Professional/Consulting Contracts /Version: March 2025 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: LAUREN SAPUDAR Acting City Clerk Date Erik Feldman Principal 02/02/2026 Chad Mosley Director of Public Works 02/02/2026 Lauren Sapudar 02/02/2026 City of Cupertino 2024 GHG Inventory Update Services Oakland, California 94607 510-834-4455 Exhibit A- Scope of Work Task 1 Project Management and Data Coordination Upon contract execution, it is assumed that the 2024 GHG inventory development and 2010, 2015, 2018, and 2021 GHG inventory updates will take approximately six months to complete, from January through June 2026. This estimate is based on our experience preparing GHG inventories and supporting clients in the data collection phase, which often takes the longest amount of time. Using this estimate, Rincon has assumed project management and coordination time to collect data for the 2024 community and municipal GHG inventories. This time includes a kick-off meeting to refine project scope and monthly meetings with City staff to maintain project momentum. Based on our experience working with Cupertino City staff, monthly meetings and regular communication via email are sufficient to keep the project moving effectively. This task also includes time to develop an Implementation Plan. The plan will be refined during the kick-off meeting and include a project schedule and detailed community and municipal data requests to guide the City in data collection. Assumptions • We have budgeted 2 hours of Rincon staff time to assist with data collection and review. Additional assistance can be provided if necessary, on a time and materials basis in accordance with our standard fee schedule (attached). Deliverables • One (1) one-hour virtual kick-off meeting with the City staff team and six (6) 30-minute virtual monthly meetings with City staff thereafter • Implementation Plan including project schedule and data requests (MS Word) City of Cupertino 2024 GHG Inventory Update Services • Data collection assistance (up to 2 hours of Rincon staff time) • Six (6) monthly invoices with progress reports Task 2 2024 Community GHG Inventory Using the communitywide activity data, Rincon will prepare a 2024 community GHG inventory. Rincon will provide data coordination support to help City staff collect building energy, wastewater, solid waste, and carbon sequestration activity data (budgeted under Task 1). Rincon will source on-road transportation vehicle miles travelled (VMT) data from the Metropolitan Transportation Commission (MTC) VMT data portal and off-road transportation data from the CARB’s OFFROAD2025 model. Upon receipt of the communitywide activity data from the City, Rincon will complete GHG inventory calculations consistent with previous GHG inventories. The 2024 community GHG inventory will follow the calculation and reporting standards outlined in the GPC and Community Protocol and include emissions from the following sectors: • Building Energy: electricity, natural gas, and natural gas fugitive emissions (for residential and nonresidential subsectors)1 • Transportation: on-road passenger and commercial VMT emissions (including electric vehicles) and off-road equipment emissions • Solid Waste: landfilled methane emissions • Wastewater: stationary combustion, lagoon treatment, and effluent discharge emissions • Carbon Sequestration: compost application and forestry/tree planting emissions2 • High Global Warming Potential Gases: hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF₆), and nitrogen trifluoride (NF₃) Emission factors will be updated for all sectors based on best practices. Updated emissions factors from CARB’s EMFAC20253 model will be sourced for on-road transportation emissions calculations, and emissions factors from the EPA’s most recent Emissions Factor Hub will be sourced for off-road equipment emissions. Current Silicon Valley Clean Energy (SVCE), Pacific Gas and Electric Company (PG&E), statewide direct access, and Apple direct access emission factors will be updated for electricity. Solid waste emission factors will be updated based on Cupertino’s most recent community waste characterization study or sourced from Cupertino’s most recent Residential Waste Pilot Study (used in the 2021 community GHG inventory) if a more recent waste characterization study is not available. Wastewater emissions factors will be sourced from the Community Protocol and ICLEI’s Local Operations Government Protocol (LGOP). Carbon sequestration emissions factors will be sourced from CARB4 and the California Air Pollution Control Officers Association (CAPCOA).5 1 To remain consistent with the GPC, emissions from the electricity associated with water distribution in Cupertino will be assumed to be included in the building energy sector. 2 Although the GPC does not require the inclusion of emissions from carbon sequestration, the 2024 community GHG inventory will include emissions from carbon sequestration to track progress from Cupertino’s Climate Action Plan 2.0 zero waste and carbon sequestration measures (i.e., Measure W-3 and Measure CS-1). 3 Note that EMFAC2025 provides the most accurate estimate of current GHG emissions but CARB does not recommend use of EMFAC2025 for forecasting at this time due to legislative changes. 4 CARB. More details available at: https://ww2.arb.ca.gov/sites/default/files/classic/cc/waste/cerffinal.pdf 5 CAPCOA. More details available at: https://www.aqmd.gov/docs/default-source/ceqa/handbook/capcoa- quantifying-greenhouse-gas-mitigation-measures.pdf City of Cupertino 2024 GHG Inventory Update Services Transparency and consistency are of the utmost importance to Rincon when completing GHG inventories. Therefore, Rincon has developed clear and easy-to-follow calculation tools and memorandums that allow our inventories to be replicated in the future by referencing relevant data, assumptions, and methodologies and presented to the public. Calculations will be completed using a new easy-to-read and transparent inventory tool. Rincon will provide an unlocked, completed copy of our inventory tool, which will contain all raw inputs, activity data, emissions factors, emissions data, and references to protocol equations (where relevant) as well as visual summary tabs for the 2024 community GHG inventory. Rincon has used our recent training and experience with ClearPath 2.0 reporting to update the tool to align for streamlined ClearPath 2.0 data entry. Rincon will provide a brief narrative memorandum summarizing the methodology and results of the 2024 community GHG inventory. The previous reports Rincon completed for Cupertino’s 2021 GHG inventories were developed for transparency with data, methodology, and calculations. However, since the methodologies have been largely established, we will focus this memorandum for public interpretation. We will leverage the capabilities of our in-house graphics, public engagement, and production teams to develop a reader-friendly memorandum streamlined with summary data tables and easy-to-interpret visuals. The memorandum will analyze the results in comparison to Cupertino’s updated 2010, 2015, 2018, and 2021 community GHG inventories.6 Based on Rincon’s experience developing Cupertino’s CAP 2.0, working on CAP implementation across California, and working with both California’s Office of Land Use and Climate Innovation and Office of the Attorney General on CAPs, the memorandum will also outline regulatory impacts and CAP 2.0 implementation progress impacts for each sector based on the inventory results. This analysis is intended to guide Cupertino on next steps for CAP implementation and updates. Assumptions • Rincon will work with City staff to access all building energy, wastewater, solid waste, and carbon sequestration activity data necessary to complete the inventory (with data coordination support from Rincon). Rincon will source on-road transportation data from the MTC VMT data portal and off-road transportation data from CARB’s OFFROAD2025 model. • Rincon will collect any emissions factors that are publicly available (e.g., CARB EMFAC, EPA Emissions Factor Hub, SVCE, PG&E, and statewide direct access emissions factors). • One round of consolidated comments will be provided by the City on the draft inventory tool and GHG inventory memorandum. • City staff will provide Rincon with Cupertino’s design standards, so the brief narrative memorandum can be compatible with the design standards for publication on the City’s website. Deliverables • Draft and final 2024 community GHG inventory tool (MS Excel) • Draft and final community GHG inventory narrative memorandum (MS Word and PDF) Task 3 2024 Municipal GHG Inventory Using the municipal activity data to be provided to Rincon by the City, Rincon will prepare a 2024 municipal GHG inventory. Rincon will provide data coordination support to help City staff collect all data from internal departments, including employee commute data (budgeted under Task 1). Upon 6 These GHG Inventories will be updated as necessary in accordance with Task 4.1 and 4.2. City of Cupertino 2024 GHG Inventory Update Services receipt of the municipal activity data from the City, Rincon will utilize the completed GHG inventory workbook customized for Cupertino for the City’s 2021 municipal GHG inventory to develop the 2024 municipal GHG inventory. The Cupertino 2021 municipal GHG inventory workbook has been customized for the City based on protocols, data activity types/inputs, emissions factors, and emissions calculations. Using this workbook will streamline the inventory development and ensure that the 2024 municipal GHG inventory is directly comparable to the City’s previous 2021 inventory which is compliant with the LGOP and GCoM standards. Additionally, Rincon will include hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF₆), and nitrogen trifluoride (NF₃) in the analysis and final report to ensure comprehensive coverage of all GHG sources. It is assumed that the data will be sourced from the City, US EPA HFC Data Hub, or other public data sources to quantify these GHGs from municipal sources. The 2024 municipal GHG inventory will follow the calculation and reporting standards outlined in the LGOP and GCoM and include emissions from the following sectors: • Building Energy: infrastructure electricity, infrastructure natural gas, infrastructure natural gas fugitive emissions, and emergency generators (for buildings and facilities, streetlights and traffic signals, irrigation, and miscellaneous subsectors, where applicable)7 • Transportation: on-road vehicle fleet, off-road equipment, and employee commute emissions • Solid Waste: landfilled methane emissions • Wastewater: stationary combustion, lagoon treatment, and effluent discharge emissions • Carbon Sequestration: compost application and forestry/tree planting emissions8 Emission factors will be updated for all sectors based on best practices. Emissions factors from the EPA’s most recent Emissions Factor Hub will be sourced for emergency generators, on-road vehicle fleet, off-road equipment, and employee commute emissions. Current SVCE and PG&E emission factors will be updated for electricity. Solid waste emission factors will be updated based on Cupertino’s most recent municipal waste characterization study or sourced from Cupertino’s 2019 Municipal Waste Characterization Study (used in the 2021 municipal GHG inventory) if a more recent waste characterization study is not available. Wastewater emissions factors will be sourced from the Community Protocol and LGOP (consistent with the 2021 municipal GHG inventory). Carbon sequestration emissions factors will be sourced from CARB. All calculations will be completed using the easy-to-read and transparent inventory tool Rincon developed for the previously completed Cupertino 2021 municipal GHG inventory. Rincon will provide an unlocked, completed copy of our inventory tool, which will contain raw inputs, activity data, emissions factors, emissions data, and references to protocol equations (where relevant) as well as visual summary tabs for the 2024 municipal GHG inventory. Rincon will also provide a brief narrative memorandum summarizing the methodology and results of the 2024 municipal GHG inventory. Leveraging our in-house graphics, public engagement, and production teams, the memorandum will be reader-friendly, streamlined with summary data tables and easy-to-interpret visuals. The 7 To remain consistent with the LGOP and Cupertino’s 2021 municipal GHG inventory, emissions from the electricity associated with water distribution to the City will be assumed to be included in the building energy sector. 8 Although the LGOP does not require the inclusion of emissions from carbon sequestration, the 2024 municipal GHG inventory will include emissions from carbon sequestration to be consistent with the 2021 municipal GHG inventory and track progress from Cupertino’s Climate Action Plan 2.0 zero waste and carbon sequestration measures (i.e., Measure W-3 and Measure CS-1). City of Cupertino 2024 GHG Inventory Update Services memorandum will also analyze the 2024 results in comparison to Cupertino’s 2010, 2015, and 2021 municipal GHG inventories to identify trends. Assumptions • Rincon will work with City staff to access all activity data necessary to complete the inventory (with data coordination support from Rincon). • Rincon will collect any emissions factors that are publicly available (e.g., U.S. EPA Emissions Factor Hub, SVCE, PG&E). • One round of consolidated comments will be provided by the City on the draft inventory tool and brief narrative memorandum. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached). Deliverables • Draft and final 2024 municipal GHG inventory tool (MS Excel) • Draft and final municipal GHG inventory memorandum (MS Word and PDF) Task 4 2010, 2015, 2018, and 2021 Community GHG Inventories Task 4.1 2010, 2015, 2018, and 2021 Community GHG Inventories Review Consistent and comparable GHG inventories are important to track changes in GHG emissions and analyze trends over time. When comparing the 2021 community GHG inventory to the previous 2010, 2015, and 2018 community GHG inventories, Rincon identified a significant increase in emissions from the on-road transportation sector. Between 2010 and 2021, on-road transportation emissions increased by about 83 percent. This increase can be traced to a 42 percent increase in VMT and a similar increase in the emissions factors. These increases are likely attributable to changes in the data sources’ methodology between inventory years. Specifically, MTC’s regional travel demand model was updated to use the Association of Bay Area Government’s Plan Bay Area 2050 projections (previously used Plan Bay Area 2040 projections), and CARB’s EMFAC model methodology was updated several times between version updates to account for federal and state regulation changes. To address the issues in comparing on-road transportation emissions and total emissions across inventory years, Rincon will further review the 2010, 2015, 2018, and 2021 community GHG inventories. The review will include comparisons of activity data and emissions factor sources and protocol calculation methodologies across inventories. Based on the review, Rincon will complete a consistency review memorandum identifying any inconsistencies found and proposing methods to update the previous inventories for consistency with the 2024 community GHG inventories. The memorandum will include a recommendation for updating the 2010, 2015, 2018, and 2021 VMT and on-road transportation emissions factors, along with any other inconsistencies identified. The memorandum will include a sensitivity analysis to identify the relative GHG emissions impact or qualitative magnitude (e.g., significant or insignificant) of each change and inconsistency identified. After completion of the memorandum, Rincon will discuss the findings and recommendations with City staff on one of the monthly check-in meetings (budgeted under Task 1). The meeting will confirm the VMT and on-road transportation emissions factors update methodology and which additional consistency recommendations Rincon will execute in the 2010, 2015, 2018 and 2021 community GHG inventories. City of Cupertino 2024 GHG Inventory Update Services Task 4.2 2010, 2015, 2018, and 2021 Community GHG Inventories Update After the meeting to confirm which inconsistencies Rincon will update in the 2010, 2015, 2018, and 2021 community GHG inventories, Rincon will conduct the data source or calculation updates. This task assumes time for Rincon to complete the VMT and on-road transportation emissions factor consistency updates since Rincon previously identified this inconsistency as significant. Additionally, Rincon will incorporate a carbon sequestration sector into the 2010, 2015, and 2018 community inventories. Consistency updates for other sectors identified during the review and confirmed by City staff at the meeting will be completed on a time and material basis. The updates will be summarized in a brief methodology and results update memorandum and the resulting updated emissions will be included in Task 2’s 2024 community GHG inventory report comparisons. Assumptions • City staff will provide Rincon with the latest versions of the 2010 and 2015 community GHG inventory workbooks and reports (Rincon has the 2018 community GHG inventory workbook). • City staff will provide any historic data necessary to complete GHG community inventory updates. • Rincon will update the VMT and on-road emissions factors in the 2010, 2015, 2018, and 2021 community GHG inventories for consistency with the model used for the 2024 inventory, and incorporate a carbon sequestration sector into the 2010, 2015, and 2018 community inventories. Any additional consistency recommendations will be completed on a time and materials basis in accordance with our standard fee schedule (attached). • Based on the RFP Addendum provided on 10/20/2025, Rincon understands the City does not need the forecast updated at this time. If forecast updates are desired, Rincon could provide that service as part of a separate scope and budget. Deliverables • 2010, 2015, 2018, and 2021 community GHG inventories consistency review memorandum • Final updated 2010, 2015, 2018, and 2021 community GHG inventory workbooks (MS Excel) • Final 2010, 2015, 2018, and 2021 community GHG inventory update memorandum (PDF) Task 5 ICLEI ClearPath 2.0 Data Entry Rincon recognizes the importance of accurately tracking and reporting GHG emissions and is well- versed in using ICLEI’s ClearPath 2.0 platform. Our team has assisted other communities, including the City of Palo Alto, with their ClearPath 2.0 reporting. Rincon will ensure that the updated 2010, 2015, 2018, and 2021 community GHG inventories, as well as the forthcoming 2024 inventory, produce outputs fully consistent with ClearPath 2.0 requirements. Having completed ClearPath 2.0 training, Rincon has a strong understanding of the platform and can efficiently upload data. Following City review and approval, Rincon will upload all relevant activity data and emissions factors to the ClearPath 2.0 platform. Assumptions • Rincon assumes ICLEI ClearPath 2.0 login information will be provided on behalf of the City. • Rincon assumes that only the community GHG inventory data will be reported, as the municipal GHG inventory reporting functionality is not yet available in ClearPath 2.0. If municipal GHG reporting opens at a later date, Rincon can complete this reporting on a time and materials basis. City of Cupertino 2024 GHG Inventory Update Services Deliverables • Updated 2010, 2015, 2018, 2021, and new 2024 community GHG inventory data entry into ICLEI ClearPath 2.0 Task 6 Cupertino Sustainability Commission Presentation Rincon understands the importance of conveying the methodology, calculations, and results of the 2024 GHG inventories and the 2010, 2015, 2018, and 2021 community GHG inventory updates to City staff to allow for informed and effective decision-making on sustainability and climate action policies. Rincon will summarize the results and trends of these GHG inventory updates, including the methodology and calculations to provide sufficient background in a PowerPoint presentation to present to the Cupertino Sustainability Commission during a two-hour meeting. The presentation will also include our regulatory and CAP 2.0 implementation progress insights for each community inventory sector to inform decisions around implementation and CAP updates. Assumptions • Rincon assumes the Sustainability Commission Presentation will be attended virtually by the Rincon Project Manager and Director. • One round of consolidated comments will be provided by the City on the PowerPoint. Deliverables • Presentation PowerPoint (MS PowerPoint) • One (1) two-hour, virtual meeting with the Sustainability Planning Commission. Exhibit B- Schedule of Performance As shown in Table 1 below, Rincon estimates the services scope enclosed in this proposal will take approximately six months to complete. With an estimated start date in early January 2026, Rincon aims to complete the project in late June 2026. Table 1 Timeline Summary Task Estimated Timeline Task 1 Project Management and Data Coordination Jan 1-June 30 Task 2 2024 Community GHG Inventory Jan 5-April 30 Task 3 2024 Municipal GHG Inventory Jan 5-May 15 Task 4 2010, 2015, 2018, and 2021 Community GHG Inventories Review and Update Jan 5-May 8 Task 4.2 2010, 2015, 2018, and 2021 Community GHG Inventories Update Feb 16-May 8 Task 5 ICLEI ClearPath 2.0 Data Entry May 18-June 1 Task 6 Cupertino Sustainability Commission Presentation June 1-June 30 Rincon Consultants, Inc. 66 Franklin Street, Suite 300 Oakland, California 94607 510-834-4455 Exhibit C- Compensation As shown in Table 1, below, the overall Cupertino 2024 GHG Inventory Update Services scope enclosed in the separate proposal amounts to a total estimated cost of $34,962.00 Rincon Consultants, Inc. Effective January 1, 2025 Standard Fee Schedule for Environmental Sciences and Planning Services Hourly Rate Professional, Technical January 1 – January 1 – January 1 – and Support Personnel* December 31, 2025 December 31, 2026 December 31, 2027 Senior Principal $330 $342 $354 Principal $318 $329 $341 Director $318 $329 $341 Senior Supervisor II $302 $313 $324 Supervisor I $282 $292 $302 Senior Professional II $264 $273 $283 Senior Professional I $246 $255 $264 Professional IV $218 $226 $234 Professional III $203 $210 $217 Professional II $180 $186 $193 Professional I $160 $166 $172 Associate III $135 $140 $145 Associate II $121 $125 $129 Associate I $113 $117 $121 Field Technician $97 $100 $104 Technical Editor $152 $157 $162 Project Accountant $129 $134 $139 Billing Specialist $111 $115 $119 Publishing Specialist $124 $128 $132 Clerical $111 $115 $119 * Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, data technology experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400. Reimbursable Expenses Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color) Oversized Maps $8.50/square foot Digital Production $15/CD, $20/flash drive Light-Duty and Passenger Vehicles* $90/day 4WD and Off-Road Vehicles* $150/day *Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles. Other Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges. Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1. Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms. Direct Cost Rates Rincon Consultants, Inc. Effective January 1, 2025 Equipment Rate Environmental Site Assessment Soil Vapor Extraction Monitoring Equipment $160 Four Gas Monitor $137 Flame Ionization Detector $110 Photo Ionization Detector $82 Hand Auger Sampler $62 Water Level Indicator, DC Purge Pump $46 CAPDash $7,500 Natural Resources Field Equipment UAS Drone $300 Spotting or Fiberoptic Scope $170 Petterson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Sub-meter Accuracy) $67 Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23 Laser Rangefinder/Altitude $11 Pit-fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55 Water and Marine Resources Equipment Boat (20 ft. Boston Whaler or Similar) $800 Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38 Large Block Nets $114 Minnow Trap $98 Net, Hand/Large Seine $57 Field Equipment Packages Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment) $114 Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24-Hour Safety Phone) $144 Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $170 Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.) $57/diver Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides) $100 Insurance, Hazard and Fees Historic Research Fees $55 L&H Dive Insurance $57/diver Level C Health and Safety $70/person Exh. D-Insurance Requirements for Professional Consultant Contracts 1 Version: May 2025 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non- contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). EXHIBIT D Insurance Requirements Professional Consultant Contracts Exh. D-Insurance Requirements for Professional Consultant Contracts 2 Version: May 2025 In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/ disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims-made basis form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D-Insurance Requirements for Professional Consultant Contracts 3 Version: May 2025 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies, LLC DBA Lockton Insurance Brokers, LLC in CA CA license #0F15767 8110 E Union Ave., Ste. 100 Denver CO 80237 denver-certs@lockton.com Rincon Consultants, Inc. 2060 Knoll Drive Ventura CA 93003 Hartford Fire Insurance Company 19682 Illinois Union Insurance Company 27960 --- SEE ATTACHMENT --- Starstone National Insurance Company 25496 Palomar Excess and Surplus Insurance Co.16754 X X X SIR: $50,000 X P&I 4,000,000 100,000 10,000 4,000,000 4,000,000 4,000,000 X X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX Comp./Coll. Ded 1,000 X X X 10,000 10,000,000 10,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 Contractors Pollution Liab E&O Liab. Cyber $4M/$4M $4M Ea. occ./$4M Agg. Retro Date: 12/9/1994 See Attachment B 72UENOL5481 2/1/2025 2/1/2026 A G48968181 001 2/1/2025 2/1/2026 A G48968181 001 2/1/2025 2/1/2026 E See Attachment A G48968193 001 2/1/2025 2/1/2026 C CEEXP-25-0000094-00 2/1/2025 2/1/2026 D T10250329 (AOS)2/1/2025 2/1/2026 D T10251427 (FL)2/1/2025 2/1/2026 2/1/2026 1462718 Y N Y N N N Y 8/22/2025 N N 17381551 17381551 XXXXXXX City of Cupertino 10300 Torre Avenue Cupertino CA 95014 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Waiver of Subrogation applies per attached endorsement(s) or policy language. 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. X See Attachments Type of Insurance Policy Number Insurer Policy Term Limits Cyber Liability H25NGP224923-02 Houston Casualty Company 8/1/2025 - 2/1/2027 Limit: $5,000,000 Deductible: $25,000 Excess Cyber CXS-107946155-01 Travelers Excess and Surplus Lines Company 8/1/2025 - 2/1/2027 Limit: $5M x $5M Attachment Code: D683708 Master ID: 1462718, Certificate ID: 17381551 Policy Number: G48968181 001 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 Organization(s):Location(s) of Covered Operations The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers 10300 Torre Avenue Cupertino, CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III – Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insured(s), the following exclusion is added: This insurance does not apply to “bodily injury” or “property damage” occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of “your work” out of which the “bodily injury” or “property damage” arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0351-0217 Page 1 of 1 Attachment Code: D575857 Certificate ID: 17381551 Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers 10300 Torre Avenue Cupertino, CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section III – Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising out of “your work” at the location designated and described in the Schedule above performed for that additional insured and included in the “products-completed operations hazard”. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0350-0217 Page 1 of 1 Policy Number: G48968181 001 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 Attachment Code: D575858 Certificate ID: 17381551 Policy Number: G48968181 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers A.SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B.As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1.Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2.We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3.The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Page 1 of 1 Attachment Code: D583488 Certificate ID: 17381551 / Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2/1/2025 Policy No.T10250329 (AOS) /T10251427 (FL) Endorsement No.23 Insured Rincon Consultants, Inc.Policy Effective Date 2/1/2025 Insurance Company StarStone National Insurance Company Countersigned By ______________________________________ WC 04 03 06 (Ed. 4-84) ©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA 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 __*__% of the California workers’ compensation premium otherwise due on such remuneration. Schedule Attachment Code: D565978 Certificate ID: 17381551 Policy Number: 72UENOL5481 Policy Term: 2/1/2025 to 2/1/2026 COMMERCIAL AUTOMOBILE HA 99 16 03 12 1.BROAD FORM INSURED A.Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of d.Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C.Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e.The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D.Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f.When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." SECTION II - LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. Attachment Code: D563844 Certificate ID: 17381551 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4)Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS – OF SECTION IV – E. Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: Primary (1) The total amount that all such other and insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2.AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: Non-Contributory if BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 2 of 5 Attachment Code: D563844 Certificate ID: 17381551 If an "employee’s" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee’s" personal insurance. 3.AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4.HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), - SECTION III -PHYSICAL DAMAGE ADDITIONAL COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 5. 8.ELECTRONIC EQUIPMENT - BROADENED TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6.LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7.AIRBAG COVERAGE COVERAGE PHYSICAL a. The exceptions to Paragraphs B.4 - Under EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1)Permanently installed in or upon the covered "auto"; (2)Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3)An integral part of the same unit Paragraph housing any electronic B.EXCLUSIONS equipment described in - Paragraphs (1) and (2) above; or of DAMAGE © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 3 of 5 Attachment Code: D563844 Certificate ID: 17381551 for installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c.For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. the 9.EXTRA EXPENSE -BROADENED normal COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION (4) III -PHYSICAL DAMAGE COVERAGE,the operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III – Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION Necessary III -PHYSICAL DAMAGE COVERAGE,the (2) Removable from a permanently EVENT OF If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 12. AMENDED 13. UNINTENTIONAL FAILURE TO DISCLOSE DUTIES HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e.For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: IN THE following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 4 of 5 Attachment Code: D563844 Certificate ID: 17381551 Paragraph CONDITIONS -CANCELLATION -applies 2. except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. of 18. HYBRID,ELECTRIC,OR NATURAL GAS the VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto’s COMMON POLICY We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION c.Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 5 of 5 Attachment Code: D563844 Certificate ID: 17381551 Attachment Code: D563844 Certificate ID: 17381551 Policy Number: G48968181 001 Effective Date: 2/1/2025-2/1/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDER(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Certificate Holder(s) Blanket when specifically required in a written contract with the named insured. Under the Common Provisions, SECTION VI — COMMON CONDITIONS, item 2. Cancellation And Nonrenewal is amended by the addition of the following: If we cancel this Policy before the expiration date thereof, we will mail a 30 days written notice (ten (10) days for nonpayment of premium) to the Certificate Holder(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0136-0211 Page 1 of 1 Attachment Code: D580215 Certificate ID: 17381551 Policy Number 72UENOL5481/G48968181 001 Effective Date: 2/1/2025-2/1/2026 IL 02 70 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES – CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2., 3. and 5. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 08 11 © Insurance Services Office, Inc., 2010 Page 1 of 4 Attachment Code: D568038 Certificate ID: 17381551 Policy Number 72UENOL5481/G48968181 001 Effective Date: 2/1/2025-2/1/2026 IL 02 70 08 11 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. The refund, if any, will be computed on a pro rata basis. However, the refund may be less than pro rata if we made a loan to you for the purpose of payment of premiums for this policy. The cancellation will be effective even if we have not made or offered a refund. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part ---- Farm Property ---- Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part -- Causes Of Loss – Special Form; or (2) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. IL 02 70 08 11 © Insurance Services Office, Inc., 2010 Page 2 of 4 Attachment Code: D568038 Certificate ID: 17381551 Policy Number 72UENOL5481/G48968181 001 Effective Date: 2/1/2025-2/1/2026 IL 02 70 08 11 C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part ---- Farm Property ---- Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part ---- Causes Of Loss ---- Special Form; or (2) Farm Coverage Part ---- Causes Of Loss Form ---- Farm Property, Paragraph D. Covered Causes Of Loss ---- Special. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. IL 02 70 08 11 © Insurance Services Office, Inc., 2010 Page 3 of 4 Attachment Code: D568038 Certificate ID: 17381551 Policy Number 72UENOL5481/G48968181 001 Effective Date: 2/1/2025-2/1/2026 IL 02 70 08 11 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. IL 02 70 08 11 © Insurance Services Office, Inc., 2010 Page 4 of 4 Attachment Code: D568038 Certificate ID: 17381551 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 02 B (Ed. 12-13) ADVANCE NOTICE OF CANCELLATION AND NON-RENEWAL ENDORSEMENT It is hereby understood and agreed that all cancellation provisions in the policy addressing the required number of days notice of cancellation by us or non-renewal by us are amended to be not less than: a. 30 days will be given for notice of cancellation for non-payment of premium. *b. 60 days will be given for notice of cancellation for any other reason. c. 90 days will be given for non-renewal. Notwithstanding the previsions above, in no event will the number of days notice for cancellation or for non-renewal be fewer than the number of days required by statute. *not applicable in Arizona, Pennsylvania. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy). Endorsement Effective 2/1/2025 Policy No. T10250329 (AOS) Endorsement No. 5 Insured Rincon Consultants, Inc.Policy Effective Date 2/1/2025 Insurance Company StarStone National Insurance Company WC 99 06 02 B (Ed. 12-12) Attachment Code: D568039 Certificate ID: 17381551