PSA - Long Form Template
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH LSA Associates, Inc.
THIS AGREEMENT is made and entered into this 20th day of June, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and LSA Associates, Inc. ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to _provide California Environmental Quality Act (CEQA) documentation to complete Transit Oriented Development (TOD) Zone and corresponding Land Use expansion as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed one hundred seventeen thousand and one hundred eighty Dollars ($117,180.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The Director of Development Services is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 3 LSA Associates, Inc.
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performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 12 months, ending on June 20, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
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4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by 5 LSA Associates, Inc.
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Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured 6 LSA Associates, Inc.
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retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
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Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, CA 92614
Tel: (949) 553-0666
Attn: Ryan Bensley, Principal
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: (714) 993-8124
Attn: Joseph Lambert, Director of
Development Services
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
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6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or 9 LSA Associates, Inc.
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subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, 10 LSA Associates, Inc.
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associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
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6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
[Mayor or City Administrator]
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
Date:
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CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Project Manager
DEPARTMENTAL APPROVAL
Name, Title
Date:
Date:
Date:
Date:
Date:
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
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EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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LSA
April 6, 2023
Joseph Lambert
Director of Development Services
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Subject: Revised Proposal to Prepare a Supplement to the Packing House District Transit - Oriented Development Project Mitigated Negative Declaration (MND) in the City of Placentia, County of Orange, California
Dear Mr. Lambert:
CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
Thank you for your recent input on LSA's proposal to prepare technical studies and a Supplement to the Initial Study/Mitigated Negative Declaration (Supplemental IS/MND) for the Packing House District Transit -Oriented Development Project for the City of Placentia (City). LSA understands that the proposed project, which will expand the City's Transit -Oriented Development (TOD) zoning district, is being undertaken by the City as one of the many efforts to implement the City's 2021- 2029 Housing Element, which was adopted in March 2022. LSA is submitting this revised proposal to address comments from City staff.
PROJECT UNDERSTANDING AND APPROACH
In 2017, the City of Placentia prepared and adopted an IS/MND (2017 IS/MND; State Clearinghouse No. 2017021012) that analyzed the environmental effects of creating a TOD zone classification and land use designation within the City's Packing House District. The objective of establishing this TOD zoning district was to facilitate high-density TOD projects in the immediate vicinity of the City's proposed Metrolink station site, thereby encouraging use of the Metrolink system and redevelopment of the area surrounding the proposed station. The adopted 2017 IS/MND analyzed the creation of the TOD zoning district and land use designation within an approximate 28.2 -acre area in the southwestern portion of the City. This area is referred to as the Original TOD Area throughout this proposal.
In 2021, an Addendum to the 2017 IS/MND (2021 Addendum) was prepared to address the potential environmental impacts associated with the development of a five -story building with approximately 167,260 square feet of floor space over a single subterranean parking level at a
2.13 -acre site located at 207-209 West Crowther Avenue, located within the Original TOD Area.
The five -story building included 189 apartments and resident -serving amenity uses, commercial space, and parking facilities. Together, the 2017 IS/MND and the 2021 Addendum serve as the City's CEQA compliance documents for the TOD zoning district. 20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net LSA is a business name of LSA Associates, Inc.
REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
LSA has been informed that the City now proposes to expand the City's existing TOD zoning district and land use designation to include several properties adjacent to the Original TOD Area that were identified in the City's recently adopted Housing Element as potential housing sites (proposed project). These areas (the TOD Expansion Area) consist of approximately 11.5 acres located south of West Crowther Avenue and west of South Melrose Street and approximately 3 acres along Cameron Street south of West Crowther Avenue. The TOD Expansion Area is currently zoned for Manufacturing uses and designated for Industrial uses in the City's General Plan. The proposed project is intended to facilitate the development of up to 1,100 new residential units within the TOD Expansion Area by rezoning the land to allow residential uses at densities of up to 95 units per acre.
The proposed project also includes the adoption of a streetscape plan within the Crowther Avenue right-of-way between Placentia Avenue and State Route (SR) 57, which will serve as a gateway into the TOD Expansion Area.
Based on its understanding of the proposed project, a review of the 2017 IS/MND and 2021 Addendum, and discussions with City staff, the preparation of a Supplemental IS/MND appears appropriate. Although the proposed project is clearly related to the TOD zoning program evaluated in the 2017 IS/MND, the 2017 IS/MND did not evaluate the potential impacts of redevelopment within the TOD Expansion Area. Therefore, new analysis must be added to the document to evaluate any potentially new impacts. The preparation of a Supplemental IS/MND also provides an opportunity to incorporate new mitigation measures to address those impacts. The advantage of a preparing a Supplemental IS/MND in this situation is that the City is able to rely on much of the analysis provided in the 2017 IS/MND as many of the proposed project's impacts will be similar to what has already been analyzed.
The adopted 2017 IS/MND and 2021 Addendum, in conjunction with this proposed Supplemental IS/MND, would serve as the environmental review for the proposed project, as required by the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] Sections 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations [CCR], Title 14, Chapter 3, Sections 15070-15075). This Supplemental IS/MND will address the potential environmental impacts associated with the proposed project as compared to those identified in the 2017 IS/MND and 2021 Addendum. The mitigation measures included in these previous CEQA documents will be included for reference in the Supplemental IS/MND. Where necessary, the Supplemental IS/MND will include additional mitigation measures to address any new impacts resulting from the proposed project.
The following proposed work program describes the tasks needed to provide the technical studies and Supplemental IS/MND that will evaluate the potential environmental impacts associated with the proposed expansion of the City's TOD zoning district (proposed project). 4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\ 20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
2 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
SCOPE OF WORK
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Task 1.0: Project Initiation and Project Description
LSA will participate in a kick-off meeting with the project team to review the project schedule, the City's goals for the project, LSA's data needs, and the information required to prepare the Project Description and develop a mutual understanding of the scope and approach to be used in completing the work tasks outlined herein. The budget associated with this kickoff meeting is included in Task 4.0, below (refer to Attachment A for the fees associated with this task).
The Supplemental IS/MND will include a detailed Project Description based on information provided by the City. The Project Description will highlight any changes from the project descriptions included in the 2017 IS/MND and the 2021 Addendum. LSA will use the Project Description to determine the potential environmental effects of implementation of the proposed project and to identify appropriate mitigation measures, if necessary. The Project Description is the core element of the Supplemental IS/MND. Any change to the Project Description after the Supplemental IS/MND is initiated may result in a change to the scope, budget, and schedule. LSA will assemble all pertinent data provided by the City for preparation of the Supplemental IS/MND.
LSA will submit the Project Description for review and approval by the City. For the purposes of this scope and budget, LSA will respond to one round of comments from the City and will update the Project Description as necessary. This scope and budget assumes one set of non -conflicting, consolidated comments from the City.
Task 2.0: Technical Studies
LSA will develop the following technical studies to reflect the changes to the TOD Zoning District since the adopted 2017 MND and 2021 Addendum. Preparation of the Supplemental IS/MND will require preparation of technical analyses with respect to traffic, noise, air quality/greenhouse gases (GHG), and paleontological resources analyses. Preparation of these technical analysis will assist in the environmental analysis. For the purpose of this scope, it is assumed that each of the technical analyses described below will undergo two rounds of review by the City. All deliverables will be provided as Portable Document Format (PDF) files.
It should be noted that Tribal consultation will be required for the proposed project, pursuant to Senate Bill (SB) 18 and Assembly Bill (AB) 52. As a cost-saving measure, this proposal assumes that City staff will be responsible for managing all tribal consultation activities and will provide LSA with a summary of the consultation process for incorporation into the Supplemental IS/MND.
Task 2.1: Transportation Analysis
LSA will prepare a transportation analysis, as required by CEQA and the City of Placentia's guidelines, associated with the proposed expansion of the City's TOD zoning district. The transportation analysis will include the following components: (1) a trip generation comparison between existing land uses and those changed as a result of the rezoning, and (2) a project screening analysis of Vehicle Miles Traveled (VMT).
4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
3 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Trip Generation Comparison. A trip generation analysis will be conducted based on a comparison of the existing land uses in the TOD Expansion Area against the proposed land uses allowed under the rezoning. LSA will request existing land uses and building square footages from the City for each of the properties within the TOD Expansion Area. The City will be responsible for providing the maximum development potential for each of the properties within the TOD Expansion Area under the proposed rezoning. LSA will use this information to generate existing and potential daily and peak -hour trips for the TOD Expansion Area. The trip rates will be referenced from the Institute of Transportation Engineers' (ITE) Trip Generation Manual (11th Edition). The results will provide the net change in trip generation for the project.
Vehicle Miles Traveled (VMT) Assessment. The City of Placentia Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment (January 2021) outlines the different types of project screening that may be appropriate for a project to be considered less than significant for CEQA transportation impacts. Of particular relevance to this analysis is the fact that the TOD Expansion Area will be within 0.50 mile of a major transit stop (i.e., the proposed Placentia Metrolink Station). As stated in the City's guidelines, the project may be presumed to have a less than significant impact as the TOD Expansion Area is within a transit priority area. However, this presumption may not be appropriate if the proposed rezoning action:
1. Has a Floor Area Ratio (FAR) of less than 0.75;
2. Includes more parking for use by residents, customers, or employees of the project than required by the City;
3. Is inconsistent with the applicable Sustainable Communities Strategy; or
4. Replaces affordable residential units with a smaller number of moderate or high-income residential units.
LSA will work with the City to confirm the project meets the screening criteria and will prepare an assessment of the project screening tools as they relate to the proposed project. LSA will also request the North Orange County Cities+ (NOCC+)1 tool from the City to assist in the screening analysis.
LSA will prepare a trip generation/VMT screening analysis summarizing the Project Description, change in trip generation, VMT screening methodology, results, and other relevant information for submittal to City staff. It is anticipated that this task will require coordination with City staff. As such, representatives of LSA's Transportation Department will attend up to three meetings and/or conference calls related to preparation of and/or revisions to the transportation analysis. 1 NOCC+ is the VMT tool developed for North Orange County Cities to help assess whether a project has a VMT impact or not. This information will be requested from the City in order to assist with clearly determining whether to screen VMT out or not for the proposed project.
4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
4 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT P ROI ECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Optional Task 2.1.A: Trip Distribution/Select Zone Assignment. If requested by City staff, LSA will utilize the latest Orange County Transportation Analysis Model (OCTAM) to develop distribution patterns for study area intersections within proximity of the TOD Expansion Area. Specifically, a select zone assignment in the General Plan Buildout condition (2045) will be run for the proposed TOD Expansion Area land use to identify the percentage of project traffic traveling through each intersection. LSA will reference the net trip generation prepared as part of Task 2.1 to identify the specific turn movement volume at each location. This data will assist in the need for further operational analyses (i.e., Level of Service) to be determined by City staff.
Optional Task 2.1.B: Level of Service (LOS) Analysis. A traffic impact study was prepared for the Proposed Packing House Area Redevelopment in August 2016 (Albert Grover & Associates). The study analyzed existing (2016), opening year (2018), and Buildout (2035) conditions in the Original TOD Area with and without the TOD rezoning. The study evaluated 15 intersections using both the Intersection Capacity Utilization (ICU) and Highway Capacity Manual (HCM) methods. As a result of the LOS analysis, five intersections were identified to exceed the LOS standards of the City in the Buildout condition. Mitigation measures (recommended improvements) and fair share costs were identified at these locations and incorporated into the 2017 IS/MND.
If requested by City staff, LSA will collect existing count data and utilize the latest OCTAM analysis to develop future (General Plan Buildout) baseline traffic volumes at the 15 study area intersections to confirm whether the proposed land uses and densities allowed within the TOD Expansion Area under the proposed project would change the conclusions and recommendations of the 2016 study.
Peak hour intersection counts will be collected at the 15 study area intersections. General Plan buildout year (2045) traffic volumes will be based on traffic volumes from OCTAM. To correlate model forecasts with existing ground counts, traffic volumes will be post -processed, which reduces errors from the modeling process.
The net trip generation resulting from the land uses proposed within the TOD Expansion Area will be added to the background General Plan buildout traffic volumes to obtain Buildout plus project conditions. Trip distribution for the proposed residential uses will be based on the results of Task
2.1.A. The LOS for study area intersections will be calculated using the City's methodologies. The result of this analysis will identify whether any of the study area intersections are forecast to operate with any deficiencies based on the City's LOS standards or if improvements are necessary in order to meet the General Plan standards. Any potential improvements will be compared to those recommended in 2016 and identified in the 2017 IS/MND.
LSA will summarize the methodology, results, and recommendations of this task in a technical study that will be submitted to City staff.
Task 2.2: Air Quality/Energy/Greenhouse Gas Emissions
Air Quality. LSA will prepare an air quality analysis for the proposed project to comply with current regulatory requirements. The air quality analysis for the project will include the following components: (1) assessment of baseline air quality in the area based on data from the South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB); (2) 4/6/23 (Z:\01-Proposals\Dl-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
5 REVISED P ROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2D23
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
quantitative assessment of project construction and operational impacts using the California Emissions Estimator Model (CaIEEMod), where possible construction details (such as duration of construction period and equipment used) will be provided, otherwise default model assumptions will be utilized; (3) a localized significance threshold (LST) analysis to evaluate the potential impacts on nearby sensitive receptors from emissions from both short-term construction activities and long- term on-site operations; and (4) an assessment of potential odor impacts. The analysis will be incorporated into the Initial Study checklist and the CaIEEMod output will be attached in a technical appendix. LSA will compare the findings of the analysis with the impacts previously identified in the 2017 IS/MND and 2021 Addendum to determine if the proposed project would result in any new or potentially more severe air quality impacts.
Energy. LSA will evaluate the project's impacts related to energy use in response to the Initial Study checklist questions. This discussion will address the project's compliance with applicable energy efficiency standards and will cross reference the discussion provided in the greenhouse gas emissions discussion as necessary. Energy data estimated using the CaIEEMod model will be reported.
Greenhouse Gas Emissions. LSA will prepare a greenhouse gas analysis for the proposed project to comply with current regulatory requirements. LSA will provide a quantitative assessment of greenhouse gas emissions associated with all relevant sources related to the project for which project data are available, including construction activities, using CaIEEMod and based on the SCAQMD's interim numeric thresholds of significance. LSA will also provide a qualitative assessment of the project's consistency with relevant plans and regulations, adopted for the purpose of reducing greenhouse gas emissions. The analysis will be incorporated into the Initial Study checklist and the CaIEEMod output will be attached in a technical appendix. LSA will compare the findings of the analysis with the impacts previously identified in the 2017 IS/MND and 2021 Addendum to determine if the proposed project would result in any new or potentially more severe greenhouse gas impacts.
Task 2.3: Paleontological Resources
Due to the length of time since the 2017 IS/MND and 2021 Addendum were prepared and the fact that the proposed project involves additional land that was not previously evaluated, LSA will conduct a paleontological resources study to determine the potential for project impacts to paleontological resources in accordance with CEQA and industry best practices. LSA will complete a fossil locality search through the Natural History Museum of Los Angeles County (NHMLAC) to establish the status and extent of previously recorded paleontological resources within the vicinity of the TOD Expansion Area, as well as within the same or similar deposits as those found in the TOD Expansion Area. This locality search will help determine the types of paleontological resources that may be encountered during project development. LSA will examine current geologic maps of the TOD Expansion Area and review relevant geological and paleontological literature. This literature review will determine which geologic units are present within the TOD Expansion Area and provide additional information regarding the types of paleontological resources that may occur in those deposits, their scientific significance, and potential methods to mitigate impacts to those resources. 4/6/23 (Z:\O1-Proposals\O1-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
6 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROTECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Although a field survey is generally conducted to note the sediments and any paleontological resources, because the TOD Expansion Area is completely paved and developed, a field survey is not warranted. LSA will summarize the results of the background research in a paleontological resources technical memorandum. The memorandum will discuss the potential for the project to impact paleontological resources and, if needed, include recommendations to minimize these impacts. The results of the paleontological resources memorandum will be incorporated into the Supplemental IS/MND, with the memorandum attached to the document as an appendix.
Task 2.4: Noise and Vibration Analysis
Based on LSA's understanding of the proposed project, any potential changes in impacts associated with construction noise, construction vibration, operational stationary noise, or impacts associated with airport uses would be discussed on a qualitative level.
Using the traffic data prepared for the proposed project, LSA will evaluate noise impacts from project -related and cumulative vehicular trips to sensitive receptors within the City, using the Federal Highway Administration (FHWA) Traffic Noise Prediction Model (FHWA-RD-77-108). Model input data will include average daily traffic levels; day/night percentages of autos, medium and heavy trucks; vehicle speeds; ground attenuation factors; and roadway widths. Projections of the future day -night average noise level (Ld„) along selected roadway and highway segments will be provided in a table format to show the relationship between vehicle -related noise and distance from the roadway. Should impacts occur, potential noise recommendation measures will be recommended, where feasible.
The noise analysis will be incorporated directly into the Noise section of the Supplemental IS/MND.
The noise model outputs will be included as an appendix to the Supplemental IS/MND.
Task 3.0: Supplemental IS/MND
The work program for the Supplemental IS/MND is outlined below.
Task 3.1: Screencheck Draft Supplemental IS/MND
LSA will draft a Screencheck Draft Supplemental IS/MND to address the proposed project and to incorporate relevant information from the previous CEQA analyses (e.g., 2017 IS/MND and the 2021 Addendum). The Screencheck Draft Supplemental IS/MND will include the Project Description, documentation of existing conditions, summary of findings from the previous CEQA analyses, project impacts for the checklist topics, and resulting level of significance for each of the checklist topics. For each environmental topic, LSA will identify the changes associated with the project compared to what was evaluated in the previous CEQA analyses, and will provide responses to each checklist question by comparing the proposed project to the previous CEQA analyses. The analyses provided in the Screencheck Draft Supplemental IS/MND will be based on the findings from the technical studies prepared as part of Task 2.0. If, based on the technical analyses, the project may result in an impact that cannot be reduced to a less than significant level, LSA will immediately apprise the City of the issue and work proactively with City staff to identify the following: (1) additional measures or project changes that may reduce the potential impact to a less than 4/6/23 (Z:\01-Proposals\O1-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
7 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
significant level; or (2) the most expedient method of providing appropriate environmental clearance under CEQA.
LSA
One electronic version (in Microsoft Word and Adobe PDF formats) of the Screencheck Draft Supplemental IS/MND will be submitted to the City for review and comment. For the purposes of this scope and budget, LSA will respond to two rounds of comments from the City. This scope and budget assumes one set of nonconflicting, consolidated comments per round. Text changes made to the document will be shown in underline and strikeout format for the City to more easily confirm that all comments and edits are fully incorporated into the Screencheck Draft Supplemental IS/MND.
Task 3.2: Public Review Draft Supplemental IS/MND
Once the Supplemental IS/MND is approved for public review, LSA will provide a digital version (in PDF format) for the City to publish and distribute for the 30 -day public review period. LSA will prepare a Notice of Intent (NOI) pursuant to Section 15072(a) of the State CEQA Guidelines regarding the availability of a Draft IS/MND for public review.
City staff will be responsible for preparing a distribution list that includes trustee agencies, responsible agencies, and any interested individuals, agencies, and organizations. City staff will be responsible for satisfying the distribution and noticing requirements, including making the documents available for public review on the City's website and submitting them to the State Clearinghouse CEQA Portal for distribution to State agencies. City staff will also file the NOI with the County Clerk -Recorder to begin the required public review period.
Task 3.3: Response to Comments/Final Supplemental IS/MND LSA will review public and agency comments on the Supplemental IS/MND received during the 30 - day public review period, and will prepare responses to CEQA comments and identify any necessary changes to the Supplemental IS/MND in a memorandum format, as necessary. LSA's budget assumes two rounds of City review of the memorandum prior to preparing a final version. It is assumed that the City will provide one set of nonconflicting, consolidated comments per round of review.
Following the City's approval of the Final Supplemental IS/MND, LSA will prepare a Notice of Determination (NOD). City staff will be responsible for filing the NOD with the County Clerk -Recorder after the City Council approves the project. A check for all necessary filing fees will need to accompany the NOD.
Task 3.4: Mitigation Monitoring and Reporting Program
LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) for all mitigation measures in the Supplemental IS/MND using the City's format. The MMRP will list mitigation measures that are recommended in the Supplemental IS/MND and provide standards and timelines for monitoring these measures. Electronic copies of the final MMRP will be submitted to the City with the Response to Comments memorandum. LSA will respond to two rounds of City comments. 4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
8 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Task 4.0: Project Management and Meeting Attendance
The LSA Principal in Charge and Project Manager will undertake a variety of general project management tasks throughout the IS/MND and environmental analysis preparation period, and will provide oversight of scope, budget, contract management, scheduling of the project, and quality assurance for all work undertaken. LSA will also be available for consultation on CEQA procedural matters as well as application of the State CEQA Guidelines to this project.
LSA will notify City staff of any issues as they are encountered and work expeditiously to resolve them. To facilitate the dissemination of information, LSA's Project Manager will maintain ongoing verbal and email communication with City staff.
LSA anticipates attendance by the Principal in Charge and Project Manager at one project team kickoff meeting, six progress meetings/conference calls, and up to two public hearings. Attendance at meetings over the maximum number identified or attendance of additional technical specialists at community meetings/public hearings will be on a time -and -materials basis with the City's written approval, consistent with the current fee schedule in Attachment B of this proposal.
PROJECT SCHEDULE
LSA proposes to accomplish Tasks 1.0 through 4.0, as described above, within a 9- to 10- month period upon receipt of all project information as outlined in Task 1.0. The schedule reflects a best effort to complete the project in a timely manner while at the same time providing the time and attention necessary to ensure the highest -quality analysis and products.
BUDGET
LSA proposes to accomplish Tasks 1.0 through 4.0, as described in the Scope of Work, for an estimated fee of $117,180. This includes Optional Task 2.1.A (Trip Distribution/Select Zone Assignment) and Optional Task 2.1.B (Level of Service [LOS] Analysis. LSA charges fees on an hourly basis, consistent with LSA's Schedule of Standard Contract Provisions and Billing Rates (Attachment B). LSA proposes to accomplish the above -detailed tasks on a time -and -materials basis consistent with the attached Schedule of Standard Contract Provisions and Billing Rates. LSA will not exceed the above amount without prior written authorization. This fee estimate shall remain valid for 90 days from the proposal date.
Direct costs (including costs for outside vendors used for photocopying) are to be reimbursed at cost, plus a 10 percent markup, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. Direct costs can be invoiced separately at the City's request.
As cost-saving measures, this budget does not include the Scope of Work to provide support with the Native American tribal consultation process or any costs associated with production and distribution of the Draft Supplemental IS/MND (City staff will accomplish those tasks in-house). 4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
9 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Although every effort has been made to anticipate the City's needs, LSA welcomes the opportunity to discuss strategy and the details of this Scope of Work. If you have any questions or comments, you can contact me at (949) 553-0666 or by email at [email protected]. Thank you for the opportunity to provide you with this proposal.
Sincerely,
LSA Associates, Inc.
Ryan Bensley, AICP
Principal
Attachments: A: Cost Estimate
B: Schedule of Standard Contract Provisions and Billing Rates The stated terms detailed in the Scope of Work re: Proposal to prepare updated technical studies and a Supplemental Initial Study/Mitigated Negative Declaration for the Packing House District Transit - Oriented Development Project in Placentia, California (LSA Proposal No. 20230547.P) are hereby accepted and authorized.
CONSULTANT: CLIENT:
LSA Associates, Inc.
Authorized Signature Authorized Signature
Print Name Print Name
Title Title
Date Date
4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
10 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
ATTACHMENT A
COST ESTIMATE
LSA
LSA proposes to complete the CEQA documentation as outlined throughout Tasks 1.0 through 4.0 for $83,080, which does not include the optional tasks described above. The table below breaks down the costs by task, and also includes an additional cost estimate in the event the City chooses to include Optional Tasks 2.1.A and 2.1.B in the Scope of Work.
MO- Task
Task 1.0: Project Initiation and Project Description
1.1: Project Initiation
Cost
Total for Task 1.0
$5,320
$5,320
Task 2.0: Technical Studies
2.1: Transportation Analysis $10,000
2.2: Air Quality/Energy/GHG Analysis $9,200
2.3: Noise/Vibration Impact Analysis $4,500
2.4: Paleontological Resources Analysis $4,300
Total for Task 2.0 $28,000
Task 3.0: Supplemental IS/MND
3.1: Screencheck Draft Supplemental IS/MND
3.2: Public Review Draft Supplemental IS/MND
3.3: Response to Comments/Final Draft Supplemental IS/MND
3.4: Mitigation Monitoring and Reporting Program
Total for Task 3.0
Task 4.0: Project Management and Meeting Attendance
4.1: Project Management
$20,320
$4,840
$8,440
$3,600
$37,200
$10,560
Total for Task 4.0
$10,560
**OPTIONAL TASKS * *
2.1.A: Trip Distribution/Select Zone Assignment
2.1.B: Level of Service (LOS) Analysis
Total for Optional Tasks
Reimbursable Expenses
TOTAL COST Without Optional Tasks
TOTAL COST WITH Optional Tasks
$4,500
$29,600
$34,100
$2,000
$83,080
$117,180
Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\ 20230647.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx (04/06/23)
REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED L S A
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
ATTACHMENT B
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MNO_TOD Rezoning_4.6.23 Clean.docx (04/06/23)
JUNE 2022
SCHEDULE OF STANDARD CONTRACT PROVISIONS L C A
AND BILLING RATES J /(-`
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed -Fee Contracts
If a fixed -fee proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided for the fixed fee noted in the proposal. Invoices will be generated on a monthly basis based on the percentage of work completed and/or an agreed-upon schedule of values.
The fixed fee includes all labor and expenses required to complete the defined scope of work. Any changes in the scope of work, significant delays, or additional tasks will be considered extra services.
Extra services shall be provided on a time -and -expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided on a time -and -materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached or can be made available. Hourly rates are subject to review at least annually on or about June 1 of each year, and may be adjusted to reflect changing labor costs, at our discretion, at that time. (A schedule can be made available upon request.) Direct costs (including cost of subconsultants) shall be reimbursed at cost plus 10 percent, unless other arrangements are made in advance, and are not included in the hourly fee for professional services.
The total estimated amount of time and expenses noted in the proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client.
EXTRA SERVICES
Services provided by LSA under this Agreement are defined in the Scope of Services section of the attached proposal. The Scope of Services was created with the intent of executing the specific tasks and level of service requested by the client. Any additions, changes to the Scope, or substantial delays to the schedule as defined in the Scope will be considered extra services. Extra services shall be provided on a time -and -expenses basis at the hourly rates in effect when the extra service is provided unless other arrangements are made in advance. Extra services will be communicated to and authorized by the client prior to commencing work. Should an alteration to the Scope include removing tasks or reducing the scope of the level of service, LSA shall invoice for the work performed prior to receiving written notice of the change.
INVOICING
Monthly invoices shall be submitted for progress payment based on work completed to date. LSA will invoice the client using our standard invoicing format and will submit the invoice to the client via electronic mail. Clients requesting changes to LSA's standard invoice or process for submittal may be billed additional time to develop the invoice and monthly administration of the billing.
S:\intranet-2012\accounting\Contract Review \StandardContractProvisions_060322.docx (06/03/22) B-1
JUNE 2022 SCHEDULE OF STANDARD CONTRACT PROVISIONS L S A
AND BILLING RATES
PAYMENT OF ACCOUNTS
Terms are net 30 days. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the client.
STANDARD OF CARE
Services provided by LSA under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. LSA will endeavor to maintain consistent staff on the project; however, unforeseen issues outside of our control such as employee illness, relocation, injury, or departure can occur. From time to time, unforeseen circumstances require us to replace project staff or project managers with other equally qualified staff in order to meet our commitments. The terms of this proposal are not contingent upon work being performed by named staff. LSA reserves the right to substitute equally qualified staff when necessary.
PROJECT DELAYS
The terms of this Proposal are based on the anticipated project schedule. In the event of unanticipated project delays, the scope of services may be subject to amendment, change, or substitution.
INDEMNIFICATION
Client and consultant each agree to indemnify and hold the other harmless and their respective officers, employees, agents, and representatives from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, and expenses are caused by the indemnifying party's negligent acts, errors, or omissions.
ELECTRONIC FILE DATA CHANGES
Copies of documents that may be relied upon by client are limited to the printed copies (also known as hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data, graphic, or other types that are furnished by LSA to client are only for convenience of client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, LSA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those of LSA at the beginning of the assignment.
FORCE MAJEURE
Neither party shall be deemed in default of this Agreement to the extent that any delay in performance of its obligation results from any cause beyond its reasonable control and without its negligence. 5:\intranet-2012\accounting\Contract Review\StandardContractProvisions_060322.docx (06/03/22) B-2
JUNE 2022
LITIGATION
SCHEDULE OF STANDARD CONTRACT PROVISIONS L SA
AND BILLING RATES
In the event that either party brings action under the proposal for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgment.
NOTICES
Any notice or demand desired or required to be given hereunder shall be in writing and shall be deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and addressed to the parties as set forth in the proposal or to such other address as either party shall have previously designated by such notice. Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received 5 days after the date on which it was mailed.
TERMINATION OF CONTRACT
Client may terminate this agreement with 7 days prior notice to LSA for convenience or cause. Consultant may terminate this Agreement for convenience or cause with 7 days prior written notice to client. Failure of client to make payments when due shall be cause for suspension of services, or ultimately termination of the contract, unless and until LSA has been paid in full all amounts due for services, expenses, and other related charges.
If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal.
S:\intranet-2012\accounting\Contract Review\StandardContractProvisions_060322.docx (06/03/22) B-3
JUNE 2022
SCHEDULE OF STANDARD CONTRACT PROVISIONS L SA
AND BILLING RATES
HOURLY BILLING RATES EFFECTIVE JUNE 2022
Planning Environmental Transportation
Principal Principal Principal
Associate Associate Associate
Senior Senior Senior
Planner Environmental Transportation
Planner Planner/Engineer
Planner Environmental Transportation
Planner Planner/Engineer
Assistant
Planner
Assistant
Environmental
Planner
Job Classificatio-s
Air/Noise
Principal
Associate
Senior Air
Quality/Noise
Specialist/Noise
Engineer
Air Quality/
Noise Specialist/
Noise Engineer/
Climate Change
Specialist
Assistant Air Quality/
Transportation Noise Analyst
Planner/Engineer
Cultural/
Paleontological
Resources
Principal
Associate
Senior Cultural
Resources Manager/
Paleontologist
Cultural Resources
Manager/
Archaeologist/
Architectural
Historian/
Paleontologist
Cultural Resources
Analyst
Biology
Principal
Associate
Senior Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Biologist/Botanist/
Wildlife Biologist/
Ecologist/Soil
Scientist/
Herpetologist/
Arborist
Assistant Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
GIS
Principal
Associate
Senior GIS
Specialist
GIS
Specialist
Hourly Rate
Rangel.'
5180-400
5130-250
$115-200
$85-165
Assistant 585-125
GIS
Specialist
Field Services
Senior Field Crew/Field Crew 1 $85-105
Office Services
Graphics $125-150
Marketing $115-195
Office Assistant $85-135
Project Assistant 5105-135
Research Assistant/Intern $75
Word Processing/Technical Editing 5105-130
L The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications.
Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted to reflect changing labor costs at LSA's discretion at that time.
LSA IN-HOUSE DIRECT COSTS EFFECTIVE JUNE 20221
Description Unit Cost
Reproduction (8.5 x 11) B/W $0.07 per page
Reproduction (8.5 x 11) Color $0.40 per page
Reproduction (11 x 17) B/W $0.10 per page
Reproduction (11 x 17) Color $0.75 per page
CD Production $5.00 per CD
USB Flash Drive 55.00 per drive
Plotting $3.75 per sq ft
Aerial Drone $200.00 per day
Mileage On -Road Current federal rate
Mileage Off -Road Current federal rate
GPS Unit $75.00 per day
Direct costs shall be reimbursed at cost plus 10 percent.
Description
Total Station Surveying Instrument
Level (Laser or Optical)
Laser Rangefinder
Sound Meter
Sound Meter with Velocity Transducer
Aerial Photo
Boat Rental
Water Quality Meter
Night Vision Goggles
Wildlife Camera
S:\intranet-2012\accounting\Contract Review\StandardContractProvisions_060322.docx (06/03/22) Unit Cost
$50.00 per day
$25.00 per day
$25.00 per day
$75.00 per day
$85.00 per day
Cost
$125.00 per day
$25.00 per day
$50.00 per unit per night
$25.00 per day
B-4
ACORO®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
9/30/2023 9/28/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
INSURED
1492742
Lockton Insurance Brokers, LLC
777 S. Figueroa Street, 52nd Fl.
CA License #0F15767
Los Angeles CA 90017
(213) 689-0065
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine CA 92614
COVERAGES LSAASO1
CONTACT
NAME:
I PHONE X
(A/CANo. Extl: I
(A/C, No):
ADDRLLESS:
INSURER(S) AFFORDING COVERAGE
INSURER A : National Fire Insurance Co of Hartford
INSURER B : Valley Forge Insurance Company
INSURER c : Tokio Marine Specialty Insurance Company
INSURER D :
INSURER E :
INSURER F :
CERTIFICATE NUMBER: 17804285
NAIC #
20478
20508
23850
REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
TYPE OF INSURANCE
LTR INy.n WVD POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE
X Cont. Liab. Incl.
X
OCCUR
GEN- 'L AGGREGATE LIMIT APPLIES PER:
POLICY X PRO-
JECT LOC
OTHER:
A AUTOMOBILE LIABILITY
X - ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
OCCUR
CLAIMS -MADE
DED RETENTION $
WORKERS COMPENSATION
AAND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
C Contractors Pollution &
Professional Liab.
YIN
N
N N
7015505648
9/30/2022 9/30/2023
N N 7015505617 9/30/2022 9/30/2023
N
N/A
NOT APPLICABLE
7015505603CA)
7015505469 (AOS)
N N PPK2471137
9/30/2022 9/30/2023
9/30/2022 9/30/2023
9/30/2022 9/30/2023
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
Como./Coll. Ded
EACH OCCURRENCE
AGGREGATE
$ 1,000,000
$ 1,000,000
$ 15,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
$ 1,000,000
$ XXXXXXX
$ XXXXXXX
$ XXXXXXX
$ 1,000
$ XXXXXXX
$ XXXXXXX
$ XV=X
X STATUTE ERH
E.L. EACH ACCIDENT $ 1.000.000
1 E.L. DISEASE - EA EMPLOYEE $ 1.000.000
E.L. DISEASE - POLICY LIMIT $ 1.000.000
$2,000,000 occ./$4,000,00) agg.
SIR: $50,000
retroactive date: 6/4/1976
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
CERTIFICATE HOLDER
17804285
Evidence of Coverage
ACORD 25 (2016/03)
CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPR
© 1488-201
CAD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORQ
Attattiiieiii Code: D3!)0374 Ma: ier ID: 1412742, Certificate ILL: 17804283 CNA
CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
UNA/SU/VAX (1U -lb) Policy No: 7015505648
Nat'l Fire Ins Co of Hartford Effective Date: 9/30/2022 Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice, Inc.,withitspermission.
Attathment Code: D_1)097'4 Ma: Ler ID: 14)2742, ikrilficate iD: i 7864285 CNA
CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA75079XX (10-16) Policy No: 7015505648
Nat'l Fire Ins Co of Hartford Effective Date: 9/30/2022 Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialoflnsuranceServicesOffice, Inc.,withitspermission.
Attafitment Cbde: DMOcit3 Ma: ter 1D: i4)2742, Certificate ID: i 7'664283 CNA
CNA PARAMOUNT
General Liability Extension Endorsemeri
3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part.
K. Other Person Or Organization
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured'sacts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service;
2. for bodily injury or property damage included within the products -completed operations hazard; nor
3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part,
2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.
B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:
Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.
3. BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
CNA74879XX (1-15) Policy No: 7015505648
Nat'l Fire Ins Co of Hartford Effective Date: 9/30/2022 Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialoflnsuranceServicesOffice, Inc.,withitspermission.
Atta:;liiiitiui Code: D593913 Ntlataet M. 1452742, Cerif7i.aie iD: 17804283 CNA
CNA PARAMOUNT
General Liability Extension Endorsement
not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.
D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.
17. PROPERTY DAMAGE — ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.
18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
20. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products -completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
L.IV1/4t5/AA (1-15) Policy No: 7015505648
Nat'l Fire Ins Co of Hartford Effective Date: 9/30/2022 Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialoflnsuranceServicesOffice, Inc.,withitspermission.
Atta,11111.`�iL Cute. Di', Mauier TL: 142742, e1iifieaie ID. 17664283 CNA
CNA PARAMOUNT
Cancellation / Nonrenewal - California
Wherever used in this endorsement: 1) Insurer means "we", "us", "our" or the "Company" as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) "Insureds" means all persons or entities afforded coverage under the policy.
Any cancellation, nonrenewal or termination provisions in the policy are deleted in their entirety and replaced with the following:
CANCELLATION AND NONRENEWAL
A. CANCELLATION
1. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective.
2. If the policy has been in effect for less than sixty (60) days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record. The notice of cancellation will be provided at least sixty (60) days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten (10) days prior to the effective date of the cancellation.
3. If the policy has been in effect for more than sixty (60) days or if it is a renewal, effective immediately, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons:
a. Nonpayment of premium, including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks.
b. A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against.
c. Discovery of fraud or material misrepresentation by either of the following:
(1) The Named Insured or Insured(s) or a representative of same in obtaining the insurance; or (2) The Named Insured or his or her representative in pursuing a claim under the policy. d. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Insured or Insured(s) or a representative of same, which materially increase any of the risks insured against.
e. Failure by the Named Insured or Insured(s) or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against.
f. A determination by the commissioner that the loss of, or changes in, the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer.
A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer.
h. A change by the Named Insured or Insured(s) or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the policy.
A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium, notice shall be given no less than ten (10) days prior to the effective date of cancellation.
g.
UNAb2814UA (12-19) I'ollcy No: 7015505648
Nat'l Fire Ins Co of Hartford Effective Date: 9/30/2022 Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAIIRightsReserved.
Attaiiment Looe: ll)yuytstS iviaAer ili: i,+52742, Certificate iv: i78042a5 CNA
CNA PARAMOUNT
Cancellation / Nonrenewal - California
4. The notice will state the actual reason for the cancellation.
5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.
6. If notice is mailed, proof of mailing will be sufficient proof of notice.
B. PREMIUM REFUND
If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund.
C. NONRENEWAL
1. The Insurer can non -renew the policy by giving written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days but not more than one hundred twenty (120) days before the expiration date.
2. The notice of nonrenewal will state the actual reason for nonrenewal.
3. If notice is mailed, proof of mailing will be sufficient proof of notice.
4. A notice of nonrenewal will not be required in any of the following situations:
a. The transfer of, or renewal of, a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. b. The policy has been extended for ninety (90) days or less, if the notice required has been given prior to the extension.
c. The Named Insured has obtained replacement coverage or has agreed, in writing, within sixty (60) days of the termination of the policy, to obtain that coverage. d. The policy is for a period of no more than sixty (60) days and the Named Insured is notified at the time of issuance that it may not be renewed.
e. The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60) days prior to the end of the policy period.
f. The Insurer has made a written offer to the Named Insured, within the prescribed time period, to renew the policy under changed terms or conditions or at a changed premium rate, where the increase is more than 25%. As used herein, "terms or conditions" includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles.
5. In the case of conditional renewal, failure of the Named Insured to satisfy conditions provided by the Insurer for renewal, by the expiration date of the policy or sixty (60) days after mailing or delivery of such notice, whichever is later, the conditional renewal shall be treated as an effective nonrenewal.
D. CONDITIONAL RENEWAL
1. If the policy has been in effect for more than sixty (60) days or if the policy is a renewal, effective immediately no increase in premium, reduction in limits, or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons:
a. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insured(s) which materially increase any of the risks or hazards insured against.
b. Failure by the Named Insured or Insured(s) to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. c. A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted.
UNAb2814UA (12-19) I-'ollcy No: 7015505648
Nat'l Fire Ins Co of Hartford Effective Date: 9/30/2022 Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAII Righ tsReserved.
Atta,hment Code: DJ90A 1vlaaet ID: i492742, Ceniflcate ID: i78\)423 CNA
CNA PARAMOUNT
Cancellation / Nonrenewal - California
d. A change by the Named Insured or Insured(s) in the activities or property of the commercial or industrial enterprise which results in a materially added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy.
2. A written notice will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of any increase, reduction or change.
3. The notice will state the effective date of, and the reasons for, the increase, reduction or change
4. If notice is mailed, proof of mailing will be sufficient proof of notice.
E. ADDITIONAL PROVISIONS
1. Solely with respect to coverage for 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:
a. The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage; and b. The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above; and
c. The Insurer may not cancel or non -renew 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, the Insurer 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.
d. The following applies only to insurers who are associate participating insurers as established by Cal. Ins.
Code Section 10089.16. The Insurer 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 apply:
i. The policy is terminated by the Named Insured;
ii. The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; iii. The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which the Insurer makes 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 twenty-five percent (25%) for payment of those claims; or iv. The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies, and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in the Insurer's reinsurance position.
e. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, the Insurer may not cancel or non -renew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred.
UNAb22114LA (1L -1Y) Nollcy No: 7015505648
Nat' 1 Fire Ins Co of Hartford Effective Date: 9/30/2022 Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAIIRightsReserved.
Atta;hment Lode: 1./DYUYiSZS iv1as-ter ill: 1492 /42, uertiiicate 1L : i %2SU428D CNA
CNA PARAMOUNT
Cancellation / Nonrenewal - California
However, the Insurer may cancel or non -renew:
(1) When the Named Insured has not paid the premium at any time and the Insurer lets the Named Insured know at least 10 days before the date cancellation takes effect; (2) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; (3) If losses unrelated to the post -disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or
(4) If there are physical changes in the property insured against, beyond the catastrophe -damaged condition of the structures and surface landscape, which result in the property becoming uninsurable f. If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions, the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA62814CA (12-19) Policy No: 7015505648
Nat'l Fire Ins Co of Hartford Effective Date: 9/30/2022 Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAIIRightsReserved.
Attachment Code: D590976 Master ID: 1492742, Certificate ID: 17804285 CNA
1 Business Auto Policy
Policy Endorsement
EXTENDED COVERAGE ENDORSEMENT - BA PLUS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILTY COVERAGE
A. Who Is An Insured
The following is added to SECTION II, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to:
(1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or
(2) Any such organization that is an insured under any other liability policy providing auto coverage.
3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy.
4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business.
Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and
2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day.
C. Fellow Employee
SECTION II, Paragraph B.5 does not apply.
Form No: SCA 23 500 D (10-2011)
Endorsement Effective Date: Endorsement Expiration Date: 9/30/2023 Endorsement No: 15; Page: 1 of 5
Underwriting Company: National Fire Insurance of Hartford, 151 N Franklin St, Chicago, IL 60606 t..opyrignt LAVA All nrynts Keservea. incruaes copynyntea matenar or the Insurance Services Office, Inc., used with its permission.
Policy No: 7015505617
Policy Effective Date: 9/30/2022
Policy Page: 66 of 92
Attachment Code: D590990 Master ID: 1492742, Certificate ID: 17804285 CNA
1 Business Auto Policy
Policy Endorsement
DDITIONAL INSURED - PRIMARY AND NON-CONTR
1 1E11 11 I 11I•
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED
BY WRITTEN CONTRACT OR WRITTEN AGREEMENT
TO NAME AS AN ADDITIONAL INSURED.
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.
All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA71527XX (10-2012)
Endorsement Effective Date: 06/03/2021 Endorsement Expiration Date:
Endorsement No: 30; Page: 1 of 1
Underwriting Company: National Fire Insurance of Hartford, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved.
Policy No: 7015505617
Policy Effective Date: 9/30/2022
1 Attachment Code: D591616 Master ID: 1492742, Certificate ID: 17804285 CNA
1 Business Auto Policy
Policy Endorsement
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
GAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: LSA ASSOCIATES, INC.
Endorsement Effective Date: 9/30/2022
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
AS REQUIRED BY WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. =arm No: CA 04 44 10 13
Endorsement Effective Date:
Endorsement No: 17; Page: 1 of 1
Jnderwriting Company: National Fire Insurance of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: 7015505617
Endorsement Expiration Date: Policy Effective Date: 9/30/2022 ') L.Ullylll�lll 111aUI QI)Ut JCI 1111..,'LU 1 I
1 Attachment Code: D590979 Master ID: 1492742, Certificate ID: 17804285 CNA
1 Workers Compensation And Employers Liability Insurance Policy Endorsement
NKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
=orm No: G -19160-B (11-1997)
Endorsement Effective Date: Endorsement Expiration Date: 9/30/2023 Endorsement No: 2; Page: 1 of 1
Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved.
Policy No: 7015505603 (CA)
Policy Effective Date: 9/30/2022
Policy Page: 32 of 46