AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND RINCON CONSULTANTS, INC.
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and RINCON CONSULTANTS, INC., a California corporation ("Consultant" or "Contractor").
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, opoNoo„ 1
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5 shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four 4) years after Consultant's completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Consultant.
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8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: ( 1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant's receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons 3 o„„„
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for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively "Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant's performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
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15. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non- Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant's assets occurs, which reduces Consultant's assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents 5 GN89
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exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services ( as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City 6 Noa,
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shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This ' Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 20th day of August, 2019.
CITY OF REDONDO BEACH RINCON CONSULTANTS, INC.
BY is
William C. Brand, Mayor Name WO_
Title: Oa... ;,,
ATTEST: APPROVED:
NO 1. 4&.•
Eleanor Manzano, C' thit, lark Jill Bu olz, isk Manager APPROVED AS TO FORM:
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Michael W. Webb, City Attorney
EXHIBIT "A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
PROJECT DESCRIPTION
Prepare an Initial Study/Mitigated Negative Declaration ( IS- MND) for a development proposal which spans 14 adjacent parcels across six addresses, including 100, 112, 116, 124, 126, and 132 North Catalina Avenue. The project site totals 55,350 square feet, or approximately 1. 27 acres. There are five existing street-facing buildings on-site totaling 25,350 square feet, which have historically served as commercial, lightindustrial, and retail. The project involves the adaptive reuse and reduction of existing retail at 100- 132 North Catalina Avenue, as well as the new construction of 30 residential units. As proposed, the project would maintain four of the existing on- site buildings that provide a historical benefit and reducing the usable square footage to 13, 578 square feet. The project would also remediate contaminated on- site soils. The developer is requesting approval of a Historic Overlay Zone ( HOZ) to grandfather in the existing retail use for on-site buildings, which, if approved, would enable the existing building' s continued use and allow for variances for the project to retain retail use.
The existing buildings have historic relevance for the community as part of the last remaining original commercial district of the City. A remediation plan, and Phase I and Phase II Reports have been conducted for the proposed project, which shall be used to provide detail to the hazards and hazardous materials analyses.
SCOPE OF SERVICES
Task 1 Kick-Off Meeting
Rincon' s Principal-in- Charge and Project Manager shall attend a kick-off meeting with the City and, if appropriate, the applicant. The meeting shall serve to discuss:
Communication protocol
Data needs
Project timeline and steps in the environmental process Preview of any prominent issues for the project
Schedule
Task 2 Peer Reviews and Technical Studies
Subtask 2. 1 Cultural Resources Peer Review
Rincon' s cultural resources specialists shall conduct a peer review of the cultural resources technical report prepared for the proposed project. The peer review shall focus on the adequacy of the survey and identification methods, cultural setting and 9 pgj 0Np0eF
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historic evaluations. The peer review shall review the findings for conformance with the cultural resources requirements of CEQA and local city requirements.
The results of the cultural resources peer review shall be summarized in a technical memorandum.
The following assumptions were used in developing the cost estimate:
Rincon shall not conduct a site visit or any supplemental research for the project No more than one round of revisions to the peer review memorandum shall be necessary following review by the City
Electronic submittal of all documents
No meetings are required
Subtask 2. 2 Health Risk Assessment
The air quality section shall also consider potential health risks associated with exposure of onsite residents to diesel particulate matter (DPM), a toxic air contaminant TAC), from heavy duty truck trips on the Pacific Coast Highway. The dispersion of toxic air contaminants to the Project site shall be determined through the use of Hotspots Analysis and Reporting Program Version 2 ( HARP 2) software developed by the California Air Resource Board and the most recent version of the USEPA's air dispersion model, the AMS/EPA Regulatory Model (AERMOD). Chronic, acute, and carcinogenic health risk calculations shall be based on the Office of Environmental Health Hazard Assessment's 2015 Risk Assessment Guidelines and SCAQMD' s 2017 Risk Assessment Procedures. The methodology and results of the health risk assessment ( HRA) shall be included in a standalone report to be summarized in the air quality section of the IS- MND.
Optional Task- Construction Health Risk Assessment
If requested by the City, the air quality section may also consider potential health risks associated with exposure of offsite sensitive receptors to DPM from operation of heavy duty equipment during project construction. The dispersion of toxic air contaminants from the project site shall be determined through the use of HARP 2 software and AERMOD. Chronic, acute, and carcinogenic health risk calculations shall be based on the Office of Environmental Health Hazard Assessment's 2015 Risk Assessment Guidelines and SCAQMD' s 2017 Risk Assessment Procedures. The methodology and results of the construction health risk assessment ( HRA) shall be included in a standalone report to be summarized in the air quality section of the IS- MND.
Subtask 2. 3 Hazards and Hazardous Materials Peer Review The hazards and hazardous materials section of the IS- MND shall be based upon the information presented in the applicant-provided remediation plan and Phase I and Phase II Environmental Site Assessments ( ESA). Rincon shall perform a thorough peer review of the methodologies, conclusions, and recommendations presented in the documents to assess the potential for hazardous materials to be present on the project site and the effects that such materials may have on the proposed project. Such 10 a.
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information is especially important with regard to subsurface excavations that may be required for the proposed project and to determine whether subsurface contaminants would adversely impact project development. If substantial deficiencies are identified, Rincon shall provide a memorandum outlining the deficiencies. It is assumed that the available ESAs are compliant with the current American Society for Testing and Materials (ASTM) standards and requirements and presents, at a minimum, the findings of the following work tasks relating to the project site: historical records review; site reconnaissance; and, interviews with employees or other parties knowledgeable of site conditions. As necessary, Rincon shall provide recommendations for additional analysis and/ or mitigation that should be included in the CEQA document, incorporating the recommendations contained in the applicant prepared study, as appropriate. If significant impacts are identified, mitigation measures shall be developed to avoid or minimize project impacts. Mitigation measures may include programs for further examination and delineation of potential hazardous materials spills or site uses as well as performance standards that must be met in order to comply with existing environmental regulations and to avoid or minimize hazards to human health and safety and the environment.
Subtask 2.4 Traffic Data Collection
Fehr & Peers (F& P) shall conduct the Transportation Data Collection based on the following scope of work. The entire scope of work is provided in Appendix A.
F& P Task 1 — Existing Conditions
F& P shall summarize existing transportation conditions around the project site. Based on the location of the project in relation to the surrounding street network, and the level of trips expected to be generated by the project, F& P assumes 11 intersections shall be studied for this project. F& P shall coordinate with a data collection firm to conduct the traffic, pedestrian, and bicycle counts at the following study intersections, as scoped in coordination with the City of Redondo Beach:
1. Catalina / Torrance
2. Catalina / Garnet
3. Catalina / Emerald
4. Catalina / Diamond
5. Catalina / Beryl
6. Herondo / Anita / PCH
7. PCH / Catalina
8. PCH / Beryl
9. PCH / Diamond
10. PCH / Emerald
11. PCH / Torrance
Counts shall be collected during the summer, as well as during the school year.
The City of Redondo Beach requires the use of the Intersection Capacity Utilization ICU) methodology for signalized intersections, and the Highway Capacity Manual 11 aa
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HCM) methodology for unsignalized intersections and level of service ( LOS) analysis for the 11 study intersections shall be prepared using those methodologies.
F& P Task 2 — Cumulative Base Conditions
F& P shall apply an ambient traffic growth factor based on the direction from the City.
Previously, under direction from the City, F& P applied population growth development pipeline shall be reviewed, and if necessary, additional trips shall be added to the existing plus ambient growth traffic volumes to account for these projects. LOS analysis for intersections shall be conducted using the City's required methodologies as specified in Task 2.
F& P Task 3 —Project Traffic Volumes
F& P shall prepare trip generation estimates based on the proposed project using trip rates from the Institute of Transportation Engineers ( ITE) Trip Generation or the Mixed Use Trip Generation Methodology (MXD+) applied on previous projects in the City using the MainStreet trip generation model developed by F& P.
Trip distribution estimates shall be developed based on a review of trip distribution patterns from prior projects, and the Southern California Association of Governments SCAG) Travel Demand Model for the transportation analysis zone (TAZ) that contains the project site.
F& P Task 4 — Project Scenarios LOS, Impact Analyses, Mitigation Measures Using the trip distribution pattern developed in Task 4, F& P shall assign project trips to both the existing and cumulative base traffic volumes to prepare intersection LOS analysis for two project scenarios using the City's required LOS methodologies:
Existing plus Project
Cumulative plus Project
Project impacts for both scenarios shall be assessed using the impact criteria as specified in the City's Criteria for Traffic Impact Studies.
If necessary, project mitigation measures shall be developed, to determine if there are any feasible mitigation measures to fully mitigate project impacts to less than significant levels. Mitigation measures could take the form of physical measures ( lane restriping, roadway widening), traffic signal modifications, or transportation demand management measures ( TDM). Conceptual designs for mitigation measures are not included in this scope, but can be provided if requested, with a scope and budget modification.
The project impact analysis shall qualitatively evaluate other factors, such as the effects of the project as it relates to transit, pedestrian, and bicycle modes.
F& P shall review the project's potential for traffic impacts on nearby Congestion Management Program ( CMP) arterial monitoring intersections and freeway monitoring locations. CMP transit impact analysis shall also be prepared. 12 sAREDOry00`',
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F& P Task 5—Vehicle Miles Travelled Impact Analysis
The State Office of Planning and Research ( OPR) has finalized the revisions to the CEQA Guidelines in accordance with Senate Bill ( SB) 743. One primary outcome of SB 743 shall be to remove traffic level of service ( LOS) from the CEQA impact criteria assessed, and replace it with a vehicle- miles traveled ( VMT) metric. The City has until July 1st, 2020 to determine their own thresholds and adopt new guidance. The following scope is a placeholder based on the methodology that F& P has used in other jurisdictions.
This scope of work, and corresponding task budget may need to be revised as the City of Redondo Beach goes through the process of adopting VMT based impact criteria.
The SCAG model shall be used to determine average trip length for residential, office, and retail for the project containing TAZ and/or the City of Redondo Beach. Based on an estimate of employees and residents, per capita VMT shall be calculated by multiplying average trip lengths by project trip generation, divided by the estimate of jobs and population. These per-capita VMT numbers shall be compared to published SCAG regional averages. F& Ps anticipates that SCAG numbers shall be available sometime in the fall. If the project per capita VMT exceeds regional averages, a significant VMT impact would be identified.
F& P Task 6 —Transportation Impact Study Report
F& P shall prepare a transportation impact study report, summarizing the results of the transportation analysis prepared in Task 1 through Task 5. A draft report shall be submitted to the project team and the City for review and comment. A revised final report shall be prepared, incorporating the team' s comments into the document.
Task 3 Administrative Draft IS
Rincon shall prepare an Administrative Draft IS using the CEQA Appendix G environmental checklist. Rincon shall submit one electronic copy of the Administrative Draft IS in PDF format and five bound copies of the IS- MND.
The Administrative Draft IS shall evaluate each of the 20 issue areas on the CEQA environmental checklist. Rincon shall incorporate information from any relevant and available technical studies to assist in addressing checklist issues. Where appropriate, impacts shall be quantified in relation to established thresholds of significance. A determination of significance shall be made for each issue area and mitigation measures shall be provided as necessary for identified significant effects. Although each topic shall be discussed in appropriate detail in the Administrative Draft IS, based on Rincon' s understanding of the scope of the proposed project it is anticipated that key issue areas for the project shall include air quality and GHG, hazards/hazardous materials, noise, and transportation/traffic. Rincon shall summarize information from the Cultural Resources Report, remediation plan, Phase I Report, Phase II Report, and traffic study in the IS, and the studies shall be included as appendices to the IS- MND. 13 spoN009
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Because of the disturbed nature of the site, it is not anticipated that full biological resource surveys are warranted.
Task 4 Public and Agency Review Draft IS-MND
Rincon shall respond to internal team comments on the Administrative Draft IS and format the document as a Draft IS- MND to be distributed for a 30-day public review. Up to 20 bound copies and 15 CDs of the Draft IS- MND shall be provided to the City.
Rincon shall prepare the Notice of Intent ( NOI) to Adopt an IS- MND, a Notice of Completion and draft newspaper notices, and shall be responsible for mailing of the Draft IS- MND to the State Clearinghouse, responsible agencies, and county clerk.
Task 5 Final IS- MND
Upon receipt of all public comments on the Draft IS- MND, Rincon shall prepare draft responses for City review. Upon receipt of internal review comments on the draft responses, Rincon shall incorporate changes and prepare the Final IS- MND. Upon Final IS- MND approval, Rincon shall produce up to 5 hard copies and 5 CDs of the Final ISMND ( including responses to comments). Rincon shall also prepare the CEQA findings for the project and include them in electronic format. Rincon shall file the Notice of Determination ( NOD) within five days of any project approval.
Task 6 Project Management Meetings and Hearings
Subtask 6. 1 Project Management Meetings
In addition to the kick-off meeting, Rincon' s Principal- in- Charge and/ or Project Manager shall attend up to two meetings with City staff. These meetings shall be scheduled as appropriate and are anticipated to occur after completing the Administrative Draft IS and prior to producing the Final IS- MND.
Subtask 6. 2 Public Hearings
Rincon' s Principal-in- Charge or Project Manager shall attend three public hearings (two meetings for Planning Commission and one meeting for City Council) on the project. If requested, Rincon shall prepare and deliver a presentation that summarizes the CEQA process and the findings of its analysis.
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EXHIBIT " B"
SCHEDULE FOR COMPLETION
TERM
This Agreement shall commence on August 6, 2019 and shall continue until August 31, 2020, unless otherwise terminated as herein provided.
SCHEDULE
Consultant shall complete the environmental review process for each project based on the following schedule:
Kick-Off Meeting
Rincon' s Principal-in- Charge and Project Manager shall attend a kick-off meeting within one week of authorization to proceed.
Cultural Resources Peer Review
Rincon shall complete the Cultural Resources peer review within three weeks from contract authorization and receipt of the historic evaluation.
Health Risk Assessments
Rincon shall complete the Health Risk Assessment three weeks from contract authorization and receipt of the final project details. The optional Construction Health Risk Assessment would also be completed within three weeks of receipt of construction details.
Hazards and Hazardous Materials Peer Review
Rincon shall complete the peer review of the applicant's remediation plan within three weeks from contract authorization and receipt of the remediation plan and associated reports.
Administrative Draft IS
Rincon shall submit the Administrative Draft IS within six weeks of project kickoff. This assumes receipt of the Traffic Impact Analysis no later than eight weeks from the project kick-off. Rincon has estimated a two-week City review period.
Public and Agency Review Draft IS- MND
Rincon shall submit the Draft IS- MND within two weeks of receipt of comments from the City on the Administrative Draft IS. The Draft IS- MND shall be distributed for the required 30-day public and agency review period.
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Final IS- MND
Within two weeks of the close of the public and agency review period, Rincon shall submit an Administrative Final IS- MND for City review. Rincon has estimated a oneweek City review period. Rincon shall publish the Final IS- MND within one week of receipt of City comments.
Project Meetings and Hearings
Rincon shall attend three public hearings as scheduled by the City. In addition, Rincon shall also attend two project management meetings.
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EXHIBIT " C"
COMPENSATION
Provided Consultant is not in default under this Agreement, . Consultant shall be compensated as provided below.
1. AMOUNT The total cost for the environmental review is $ 99,921. This amount includes $ 36,035 for the traffic study to be prepared by a sub-consultant. The amount also includes the complete scope of work described in Exhibit A including peer reviews for the cultural resources and hazardous materials studies, and preparation of a health risk assessment. The amount assumes that the response to comments shall require approximately 30 hours of professional staff time
Btaa RINCON CONSULTANTS, INC.
City of Redondo:Beach - 1. 00- 132 North Catalina Avenue.Project Cost Estimate
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Tasks Labor Cost Hours
5236 $ 170 $ 112 3103 $ 86 $ 75
Task1:Kickoff Meeting 1,770 10 4 4 2
Task2Peer Reviews and Tedmital Studies
Task 21: CulturalResources Peer Review 51,011 13 1 4 8
Task22: Health RisdcAssessrnent 7,475 57 4 12 36 2 2 1
Task23: Hazards& Hazardous MaterialsPeerRepiew $ 3,644 24 4 8 12 Task24: TraffkAnalysis Seehriecw
Tesk3:AdminDraft l$ 15$ 05 123 10 20 80 4 5 1
Task* DraftIS Preparation& Public Review 5,729 45 2 12 2(1 2 8 1 TaskS:Brea! IS- MND 95,357 43 2 12 20 2 6 1
Task& ProjectManagement Meetings and Hearings 75 1 1
TaskEl: ProjectManagement Meetings( 2) 2,430 12 6 5
Task 62:PubficHearings( 3) 56,075 30 15 i5
Project Management 4,960" 28 6 20 2
SUBTOTAL COST $ 55,431 386 $ 12,690 $ 19,210 $ 19,712 $ 1,080 $ 2,064 $ 675 drect.Cost Summary
Print Draft lSMND( 20hard copies. 15 CDs) 5 1, 225
PrintFinallS-MND( S hard copies, 5 CDs) 5 325
StatftCounts= Fehr& Peers 36,035
General andAdministrative( G& A) 5,405
Miscellaneous Ex. nses 6 1500
Subtotal Additional Costs: $ 44,490 -
Summary
ProfessionalFeesSubtotal 55,431
DirecttostsSubtotal. 5 44.490
TOTAL PROJECT BUDGET $ 99.921
Billing rates shown above am for badgers ryproposes. Actual rates mayvarydcpending on staff avall ability, but owrell oasts will not aimed the total shown herein. 17 09,
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2. METHOD OF PAYMENT Consultant shall provide monthly invoices to City for approval and payment. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back-up material upon request.
3. SCHEDULE FOR PAYMENT City agrees to pay Consultant within thirty ( 30) days of receipt of monthly invoices; provided, however, that payments by City shall not exceed $ 99, 921 and services are performed to the full satisfaction of the City. Consultant acknowledges that the payment of services is subject to a separate reimbursement agreement with a third party and that payment may be delayed due to delay in the City's receipt of reimbursement monies.
4. NOTICE Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, CA 90012
Attn: Joe Power
City
City of Redondo Beach
Planning Division
415 Diamond Street
Redondo Beach, CA 90277
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 18 a pOnioN
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c
EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).
Workers' Compensation insurance as required by the State of California.
Employer's Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $ 1, 000, 000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1, 000,000 per accident for bodily injury and property damage.
Employer's Liability: $ 1, 000, 000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
19 of
ti
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant's part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
20 6;34,, 69
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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City's requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
21 i
41 RINCCON- 01 PRIETOP
4 c LY
CERTIFICATE OF LIABILITY INSURANCE
DATE( MM/ DD/ YYYY)
12/14/2018
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 License# 0E67768 CONTACT Elizabeth Leach
130
nds nvironmental Ins. Services PHONE ).( ) FAX
NC, No, Ext 949 297-5537 52011 A/C, No):( 949 297- 5960 Suite 250 E- MAIL
ADDRESS: [email protected]
Aliso Viejo, CA 92656
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A: Crum& Forster Specialty Insurance Company 44520 INSURED INSURER B: Trumbull Insurance Company 27120
Rincon Consultants, Inc. INSURER C: StarStone National Insurance Company 25496 472 N Ashwood Ave INSURER D:
Ventura, CA 93295
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR
POLICY NUMBER
POLICY EFF POLICY EXP
LTR NSD_ WVD MMIDD/ YYYYI IMMIDD/ YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3, 000,000 CLAIMS-MADE X OCCUR X X EPK125280 12/17/2018 12/17/ 2020 ° REMsEs?E' occuance) $ 50, 000
MED EXP( Any one person) $
10, 000
PERSONAL& ADV INJURY $ 3, 000,000
GE ' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000, 000 POLICY X jECT LOC PRODUCTS- COMP/OP AGG $ 4,000, 000
OTHER: Deductible 50, 000
B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1, 000, 000 Ea accident)
X ANY AUTO X X ! 72UUNPT4318 12/ 17/2018 12/17/2019 BODILYINJURY( Perperson) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY( Per accident) $
X HIRED X NON-OWNED PROPERTY DAMAGE
AUTOS ONLY _ AUTOS ONLY Per accident)
A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000, 000
X EXCESS LIAR CLAIMS-MADE EFX111982 12/17/2018 12/17/2019 AGGREGATE 5,000, 000
DED X RETENTION$ 10,000
C WORKERS COMPENSATION X
AND EMPLOYERS' LIABILITY
YIN
STATUTE OTH- ER
ANY PROPRIETOR/PARTNER/ EXECUTIVE X T10180329 02/01/ 2018 02/01/ 2019 1, 000, 000 OFFICER/ MEMBER EXCLUDED? N N/ A
E. L. EACH ACCIDENT $
Mandatory In NH) EL._DISEASE- EA EMPLOYEE $ 1, 000, 000 If yes, describe under 1, 000, 000 DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ A Professional Liab EPK125280 12/17/2018 12/17/2020 Per Claim 3, 000, 000 A Professional Liab EPK125280 12/ 17/2018 12/17/ 2020 Aggregate 4,000, 000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space Is re9utred) Professional Liability is written on a Claims Made basis. When required by written contract, the General Liability and Pollution Liability Limits are on a Per Project basis while dedicated; the Professional Liability is on a Per Policy basis. Professional Liability Deductible$ 50,000 Each Claim.
The City of Redondo Beach, Its officers, elected and appointed officials, employees and volunteers are named as additional insureds for General Liability and Auto Liability with respect to work performed forthem by the Named Insured as required by written contract, per Blanket Additional Insured endorsement EN0147-1111, EN0320-0211, EN0321- 0211 & HA99160312. Liability Coverage is Primary and Non-Contributory as required by written contract, per endorsement EN0147-1111& HA99160312. Blanket Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation as required by written contract, per Endorsement EN0147- 1111, HA99160312& WC000313. Excess policy follows General Liability, Auto Liability and Employers Liability form.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
City of Redondo Beach hk-- 1
415 Diamond Street(
Redondo Beach, CA 90277
ACORD 25( 2016/03) 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: 72UUNPT4318 COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the " insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED d. Any " employee" of yours while using a A. Subsidiaries and Newly Acquired or covered " auto" you don' t own, hire or Formed Organizations borrow in your business or your
The Named Insured shown in the personal affairs.
Declarations is amended to include: C. Lessors as Insureds 1) Any legal business entity other than a Paragraph A. 1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section ll - Liability Coverage is amended to subsidiary in which you have an add:
ownership interest of more than 50% on
e. The lessor of a covered " auto" while the the effective date of the Coverage Form. auto" is leased to you under a written However, the Named Insured does not agreement if:
include any subsidiary that is an
insured" under any other automobile
1) The agreement requires you to
policy or would be an " insured" under provide direct primary insurance for such a policy but for its termination or
the lessor and
the exhaustion of its Limit of Insurance. 2) The" auto" is leased without a driver. 2) Any organization that is acquired or Such a leased " auto" will be considered a formed by you and over which you covered " auto" you own and not a covered maintain majority ownership. However, auto" you hire.
the Named Insured does not include any D t1=' i
lay_ fins, ed by''Cont et:
newly formed or acquired organization:
1) Paragraph A. 1. - WHO IS AN. INSURED a) That is a
partnership or joint
of Section II - Liability Coverage is venture,
amended to add:
b) That is an " insured" under any other
f. When you have agreed, in a written policy,
contract or written agreement, that a
c) That has exhausted its Limit of
person or organization be added as
Insurance under any other policy, or
an additional insured on your
d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an " insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for " bodily Coverage does not apply to " bodily injury" or " property damage" caused injury" or " property damage" that results by the conduct of an " insured" under from an " accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered" auto." Paragraph A. 1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is
amended to add:
2011, The Hartford ( Includes copyrighted material
Form HA 99 16 0312 of ISO Properties, Inc., with its permission,) Page 1 of 5 The insurance afforded to any such E. Pri a . a d o;- y if
additional insured applies only if the h7Cont . et
bodily injury" or " property damage" Only with respect to insurance provided to occurs:
an additional insured in 1. D. - Additional
1) During the policy period, and Insured If Required by Contract, the 2) Subsequent to the execution of such following provisions apply:
written contract, and 3) Primary Insurance When Required By 3) Prior to the expiration of the period Contract
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be 2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5. d.
person or organization be added as an
additional insured on your policy, the 4) Primary And Non- Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non- contributory with the agreement; or additional insured' s own insurance, this insurance is primary and we will not b) The Limits of Insurance shown in seek contribution from that other the Declarations.
insurance.
Such amount shall be a part of and not
Paragraphs( 3) and( 4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section.
When this insurance is excess, we will have no 3) Additional Insureds Other Insurance duty to defend the insured against any " suit" if
If we cover a claim or " suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that " suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured' s rights against all insured must submit such claim or" suit" those other insurers. to the other insurer for defense and
When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of:
written contract or written agreement
1) The total amount that all such other
that this insurance is primary and non
insurance- would pay for the loss in the
contributory with the additional insured' s
absence of this insurance; and
own insurance.
4) Duties in The Event Of Accident, Claim,
2) The total of all deductible and self-insured
Suitor Loss amounts under all that other insurance.
If you have We will share the remaining loss, if any, by the agreed in a written contract method described in Other Insurance 5. d.
or written agreement that another
person or organization be added as an
2. AUTOS RENTED BY EMPLOYEES
additional insured on your policy, the Any " auto" hired or rented by your " employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an" auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
2011, The Hartford ( Includes copyrighted material
Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an " employee' s" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered " auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your " employee" on your COVERAGE
behalf and at your direction, this insurance will Paragraph A.4. a. of SECTION III - PHYSICAL be primary to the " employee' s" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $ 50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION 1, 000.
EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total " loss" to a insurance in- force covering all of your covered " auto", we will pay your additional legal employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the " auto" at the time of the" loss" insurance. and the" outstanding balance" of the loan/ lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE Outstanding balance" means the amount you If hired " autos" are covered " autos" for Liability owe on the loan/ lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are
payments; penalties, interest or charges
provided under this Coverage Form for any resulting from overdue payments; additional auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to " autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident
The most we will pay for " loss" to any hired
or disability insurance purchased with the loan or
auto" is:
lease; and carry- over balances from previous
1) $ 100, 000; loans or leases.
2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the" loss"; or Under Paragraph B. EXCLUSIONS of 3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned " auto" for that airbag.
coverage. No deductible applies to" loss" caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible
insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage
EXCLUSIONS of SECTION III - PHYSICAL
equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered " auto" you own. following:
We will also cover loss of use of the hired " auto" Exclusions 4. c. and 4.d. do not apply to if it results from an " accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the " auto's" loss, subject to a maximum of $ 1000 per
electrical system that, at the time of" loss",
accident'. is:
This extension of coverage does not apply to 1) Permanently installed in or upon any " auto" you hire or borrow from any of your
the covered "auto";
employees", partners ( if you are a partnership), 2) Removable from a housing unit members ( if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; 3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs ( 1) and ( 2) above; or
2011, The Hartford ( Includes copyrighted material
Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered" auto" or Inc. company policy or coverage-form that is not the monitoring of the covered an automobile policy or coverage form applies to auto' s" operating system. the same" accident", the following applies:
b. Section III — Version CA 00 01 03 10 of the 1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller ( or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived:
Paragraph C. 2 and Version CA 00 01 10 01 of 2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller ( or Damage Coverage, Limit of Insurance, smallest) deductible. it will be reduced by Paragraph C are each amended to add the the amount of the smaller ( or smallest) following: deductible.
1. 500 is the most we will-pay for" loss" in 12. AMENDED DUTIES IN THE EVENT OF any one " accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment( other than equipment designed
solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2. a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT, CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of" loss", is: an " accident" applies only when the " accident" is known to:
1) Permanently installed in or upon
the covered " auto" in a housing, 1) You, if you are an individual; opening or other location that is not 2) A partner, if you are a partnership; normally used. by the " auto 3) A member, if you are a limited liability manufacturer for the installation of
company; or
such equipment;
Removable from a
4) An executive officer or insurance manager, if
2) permanently you are a corporation.
installed housing unit as described
13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2. a. above or is an HAZARDS integral part of that equipment;.or
3) An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c. For each covered-" auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or
14. HIRED AUTO- COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL -CONDITIONS 7. - Declarations, or $ 250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO
9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following:
COVERAGE e. For short-term hired " autos", the coverage Under Paragraph A. - COVERAGE- of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere. in the world provided that if the pay for the expense of returning a stolen covered insured's" responsibility to pay damages for bodily injury" or " property damage" is auto" to you.
determined in a" suit," the" suit" is brought in
10. GLASS REPAIR- WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.- DEDUCTIBLE- of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to.
No deductible applies to glass damage if the 15. ' lI.
glass is repaired rather than replaced. TRANSFER OF RIGHTS OF - RECOVERY
11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.- DEDUCTIBLE- of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following:
following is added:
2011, The Hartford (Includes copyrighted material
Form HA 99 16 0312 of ISO Properties, Inc., with its permission:) Page 4 of 5 We waive any right of recovery we may have c. Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric. or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. loss" is $ 10, 000.
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of " bodily injury" in SECTION V- a. A " non- hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to Bodily injury" means bodily injury, sickness or
move the auto but does not include autos
disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b. A " hybrid" auto is defined as an auto with an these. internal combustion engine and one or more
17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY
combustion engine and one or more electric
motors to move the auto, or the internal
CONDITIONS - CANCELLATION - applies
Nas follows:
combustion engine to charge one or more
excelectricmotors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of In the event of a total loss to an " auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this
18. HYBRID, ELECTRIC, OR NATURAL GAS
Coverage Form, then such Physical Damage
VEHICLE PAYMENT COVERAGE Coverages are amended to add the following:
In addition to the actual cash value of the " auto",
In the event of a total loss to a " non hybrid" auto
we will pay up to $ 1, 000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered " auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical
autos deemed a total loss, the most we will pay Damage Coverages are amended as follows:
under this Vehicle Wrap Coverage provision for
a. if the auto is replaced with a " hybrid" auto or any one " loss" is $ 5, 000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will, pay an additional 10%, to a
painted or magnetically affixed to the vehicle are
maximum of$ 2, 500, of the " non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of" loss,"
2011, The Hartford ( Includes copyrighted material
Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 Ed. 4- 84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT
BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE.
Per Policy Minimum Waiver Premium by State:
500: AL, AR, CA, CO, CT, DC, ID, IL, IN, IA, KS, ME, MD, MI, MS, MT, NV, NM, OH, OK, OR, PA, RI, SD, UT, VT, VA, WA, WV 250: AK, DE, LA, NY
100: NC
50: WI
N/ A: AZ, FL, GA, HI, MA, MN, MO, NE, SC, TN, TX
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02/01/ 18 Policy No. T1.0180329 Endorsement No. 5 Insured Rincon Consultants, Inc Policy Effective Date 02/ 01/ 18 Insurance Company StarStone National Insurance Company
WC 00 03 13
Countersigned By 71
Ed. 4- 84)
Copyright 1983 National Council on Compensation Insurance, POLICY#: EPK125280
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORSCOMPLETED OPERATIONS This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Person( s) or Organization( s): Location And Description Of Completed Operations Where Required by Written Contract. Where Required by Written Contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III — Who Is An Insured within the
Common Provisions is amended to include as
an insured the person(s) or organization( s)
shown in the Schedule, but only with respect to
liability for " bodily injury" or " property damage"
caused, in whole or in part, by " your work" at
the location designated and described in the
schedule of this endorsement performed for
that additional insured and included in the
products- completed operations hazard".
EN0320-0211 Page 1 of 1
POLICY#: EPK125280
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s): Location(s) of Covered Operations
Where Required by Written Contract. Where Required by Written Contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III — Who Is An Insured within the With respect to the insurance afforded to these Common Provisions is amended to include as additional insureds, the following additional an additional insured the person( s) or exclusions apply:
organization( s) shown in the Schedule, but only This insurance does not apply to " bodily injury" with respect to liability for " bodily injury", or" property damage" occurring after: property damage" or " personal and advertising injury" cause, in whole or in part, by:
3. All work, including materials, parts or
1. Your acts or omissions; or
equipment furnished in connection with
such work, on the project ( other than
2. The acts or omissions of those acting on service, maintenance or repairs) to be your behalf; performed by or on behalf of the additional in the performance of your ongoing operations insured( s) at the location of the covered for the additional insured( s) at the location( s) operations has been completed; or designated above. 4. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
EN0321- 0211 Page 1 of 1
POLICY# EPK125280
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON- CONTRIBUTORY ADDITIONAL INSURED
WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s) or Organization(s) Where Required By Written Contract.
A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person( s) or organization( s) indicated in the Schedule shown above, but only with respect to liability arising out of " your work" for that person or organization performed by you, or by those acting on your behalf.
B. As respects additional insureds as defined above, this insurance also applies to " bodily injury" or " property damage" arising out of your negligence when the following written contract requirements are applicable:
1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement.
2. We waive any right of recovery we may have against the person(s) or organization( s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of " your work" performed under a written contract with that person( s) or organization( s).
3. The term" additional insured" is used separately and not collectively, but the inclusion of more than one additional insured" shall not increase the limits or coverage provided by this insurance.
This Endorsement does not reinstate or increase the Limits of Insurance applicable to any " claim" to which the coverage afforded by this Endorsement applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0147- 1111 Page 1 of 1
POLICY#: EPK125280
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AGGREGATE LIMITS OF INSURANCE PER PROJECT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Under the Common Provisions, Section IV — LIMITS OF INSURANCE AND DEDUCTIBLE, item 3. is amended by the addition of the following:
The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0301- 0914 Page 1 of 1