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:
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
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, 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.
2 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 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.
M
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 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. Governinq 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 M
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
7 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 15th day of November, 2022.
CITY OF REDONDO BEACH
DocuSigned by:
hfl S R. I, IA, v, A.( CAc 04
DC2A3D6CA98045B...
For William C. Brand, Mayor
Nils H. Nehrenheim,
Mayor Pro Tempore
ATTEST:
e
DocuSigned by:
n.
72F2AC716C214CF...
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
EDocuSigned by:
l i&. aA R ( a
669049EDE03D402...
Michael W. Webb, City Attorney
RINCON CONSULTANTS, INC.
DocuSigned by:
haw& anff &
B\/ 1BCBC418155246B...
JJ
Danielle Griffith, JD I Principal -in -Charge
MOTS 9
EDocuSigned by:
ViAAA.t, Sfk&f #, t, A,
oRPnAr.PgrFFFe.ar
Diane Strickfaden, Risk Manager
n
EXHIBIT " A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
PROJECT DESCRIPTION
Rincon shall conduct peer review services of the Beach Cities Health District Healthy Living Campus Master Plan Final Environmental Impact Report ( EIR). California Environmental Quality Act ( CEQA) review was completed by Beach Cities Health District ( BCHD) as the Lead Agency for the development which consists of Phase 1 including Residential Care for the Elderly (RCFE), Program for All- inclusive Care for the Elderly ( PACE), community services ( social workers, assistance, information and referral, youth wellness center), active open green space, and parking. Rincon' s review shall determine if the EIR addressed potential impacts for all components of Phase 1 application as submitted to the City of Redondo Beach by BCHD for development approvals.
The City will be contracting separately with a professional planning firm to conduct review of the discretionary applications for the Phase 1 project.
Rincon' s team includes Linscott, Law & Greenspan, Engineers ( LLG) to assist with peer review of the transportation impact analysis, and Environmental Vision to assist with the peer review of the shade and shadow study.
The work program for the peer reviews shall entail the specific tasks described below.
SCOPE OF SERVICES
Task 1 Kickoff Meeting and Project Management
Total Rincon Task Hours: 28
Project Kick-off Meeting
Rincon' s Project Manager and Principal -in -Charge (and staff from LLG — traffic sub - consultant and Environmental Visions — visual sub consultant) shall prepare for and attend an initial kick-off meeting via telephone conference call with City staff and other project representatives. This meeting shall serve as a forum to review and confirm study objectives and establish an operational protocol. Working schedules shall be finalized and details for scheduled tasks shall be discussed. Rincon' s consultant team shall use this opportunity to collect any relevant studies and information not already transmitted.
The meeting shall also provide an opportunity to explain communication protocols between the Rincon' s consultant team and City staff. The kickoff meeting shall also 9 allow the City/ Rincon' s consultant team an opportunity to discuss the approach to environmental reviews.
Project Management
Project coordination includes routine coordination with the City via email and telephone conferences with Rincon' s Project Manager and other team members, as needed. This task also includes internal coordination with Rincon' s project team, coordination with other consultants, and on- going project management responsibilities such as cost and schedule tracking, progress reporting, and invoicing.
Task 2 CEQA Peer Reviews
Total Rincon Task Hours: 223
Task 2. 1 EIR Peer Review
Rincon shall peer review the Final EIR for the project. Review of the sections of the EIR shall focus on methodology and assumptions employed as part of the environmental review, adherence to regulatory standards as appropriate, and specificity and appropriateness of recommended mitigation. The peer review shall also focus on ensuring that the EIR does not include any statements that may be perceived as biased on the part of the project applicant, City, or Beach Cities Health District (District) and that there is internal consistency between the various sections within the EIR.
Review of the EIR sections shall be completed using an electronic Microsoft Word document provided by the EIR preparer, using a redlined or track -change format that shall highlight text revisions, corrections, and deletions. This peer review shall also include review and comment on all maps, charts, graphs and tables.
Following the review of all documents, Rincon shall compile all comments into a single technical memorandum. This memorandum shall outline the peer review findings and highlight any technical inadequacies found in the EIR. In the case where there are questions or concerns that are more global in nature, phone or email correspondence with be utilized to discuss these items with the City, District, Project applicant, and EIR preparer.
The memo and redlined document shall be submitted within six weeks of receipt of the notice to proceed. Following receipt of the Proofcheck EIR, Rincon shall review these documents for accuracy, consistency and adherence to comments provided in the first round of reviews. The second round of review and editing shall focus on appropriateness of response, new information that may be provided, and consistency.
Edited documents shall be completed within a three week turn -around period. Rincon shall provide a memo that verifies that all technical inadequacies have been resolved and identification of any outstanding deficiencies in the EIR within three weeks of receipt of the Proofcheck EIR.
Task 2. 2 Peer Review of Technical Studies/ Issue Areas In tandem with Task 2. 1, Rincon' s team of technical experts shall review all reports and studies included as appendices to the Final EIR. Rincon' s team shall make 10 recommendations to City staff on their content and validity. Rincon shall conduct peer reviews for the following reports and studies:
Air Quality/Human Health Risk Assessment (includes GHG emissions and Energy analyses — including all construction calculations)
Biological Resources
Cultural Resource Assessment
Geotechnology Studies
Phase I & II ESA
Hydrology Study
Noise Modeling and Analysis
Utilities and Service Systems
The peer review process and timing for each study shall be the same as Task 2. 1.
Transportation/VMT Peer Review
Total LLG Task Hours: 113
LLG shall conduct the peer review for the transportation EIR analysis and studies. The following is LLG' s scope of work:
Project Mobilization. Receive and review a copy of the transportation section of the Final EIR for the project. When available, receive and review a copy of the transportation impact assessment/assessments prepared for the proposed project along with all appendix materials, including a copy of the site plan in digital format.
Confirm with the project team the transportation assessment assumptions and analysis methodology (e. g., formulation of the study area, analysis conditions, etc.) employed by the transportation consultant.
Visit the project study area to confirm existing conditions with respect to existing site development, site access, parking use, and areas of congestion in order to verify our overall understanding of traffic conditions in the area which might affect this peer review effort. In conjunction with this, confirm the existing roadway striping, traffic control measures, intersection lane configurations and signal phasing, curbside parking restrictions, adjacent intersection configurations, and other pertinent roadway features.
Confirmation of Existing Conditions. Review the existing conditions assumed as part of the assessment, including existing development, site access, intersection configurations and traffic control measures, traffic count data, and baseline VMT metrics applicable to the proposed project (e. g., existing daily work VMT/employee).
Provide comments after comparing with LLG' s independent review of existing conditions.
Review of Project Trip Generation Forecast. LLG shall peer review the forecast daily and weekday AM and PM peak hour trip generation forecasts for the proposed project.
11 Peer Review of VMT and Operational Analyses. Review the transportation assessment report, and in particular the VMT analysis and assumptions, in order to confirm the impact conclusions. Review in detail the VMT screening criteria employed for determination purposes. Review the intersection operational analyses and assumptions to confirm any operational deficiencies reported to be caused by the proposed project. For the purposes of this proposal, it is assumed that no project -specific modeling shall be required to verify the VMT analysis conclusions.
Review of Potential Mitigation Measures/ Improvements. If mitigation measures or other potential improvement measures (i. e., transportation demand management TDM], intersection or signalization improvements, traffic control or limitations at site access points, etc.) are identified for the project, confirm the adequacy of the proposed measures to reduce the significance of project impacts and/ or remedy any local access deficiencies. LLG shall review TDM strategies in the California Air Pollution Control Officers Association' s ( CAPCOA) Handbook for Analyzing Greenhouse Gas Emissions Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (2021) document, which provides substantial evidence for calculating the reduction in VMT associated with each measure. The potential TDM measures shall be reviewed in terms of applicability to the project land use.
Summary Memorandum. Prepare a brief memorandum which summarizes the above- mentioned items including our assessment, findings and conclusions. The memorandum shall be suitably documented with tabular, graphic and appendix material, as necessary. The memorandum shall be submitted for City' s review and review by appropriate members of the project team. If necessary, update the draft memorandum based on project team comments (one round of revisions assumed).
Submit a final memorandum to the team for consideration.
In- person Meetings. This Scope of Work does not assume preparation for and attendance at in- person meetings with Rincon' s project team and/ or City. This proposal does include, however, representation, at up to three (3) meetings via a virtual environment (i. e., via Zoom or MS Teams). An amendment to our contract would be provided for your review and approval prior to providing any additional meeting representation.
Review of Responses to Comments. LLG shall peer review the responses prepared to address the written comments received on the project.
Shade and Shadow Peer Review
Total Environmental Vision Task Hours: 29
Environmental Vision shall conduct a qualitative review of the Shadow Study prepared for the project development application. The purpose of the peer review work is to generally determine if the plan view shadow diagrams portray existing and net new project shadow with reasonable accuracy. In addition, the peer review evaluation shall address whether the written shadow analysis provides a reasonable summary of findings and conclusions with respect to the project's shadow impacts.
Environmental Vision shall utilize computer assisted modeling techniques, aerial photography, topographic data, and project design data provided by the applicant to 12 evaluate the general accuracy of up to 12 plan view shadow diagrams, including diagrams for key times of day at up to four times of year. Environmental Vision shall also review the accompanying written analysis. The peer review results shall be presented in a brief technical memo submitted to Rincon outlining technical findings, methodology, and conclusions, including recommendations for revisions or additional information.
Data Requirements
Digital drawings are requested in CAD and pdf format.
Proposed site plan showing building footprint(s), grading, property line, etc.
Roof plan
Elevation drawings for each facade of the building
3D Digital model of Project, if available
Approximate heights of neighboring/ nearby existing buildings Shadow diagrams and written analysis
Task 3 Staff Report Support
Total Rincon Task Hours: 26
Rincon shall assist with the preparation of a staff reports for the CEQA Findings and required additional CEQA documents, as needed.
Task 4 Public Hearings (2)
Total Rincon Task Hours: 22
Rincon' s Project Manager and Principal -in -Charge (or technical expert, as needed) shall attend up to two public hearings. Attendance may include oral presentations to the hearing body, supplemented with graphic presentations. These hearings can be scheduled and selected at the City's discretion. Rincon shall attend additional hearings on a time -and -materials basis, in accordance with our standard fees.
Staff Resumes
Rincon has assembled a team of highly skilled environmental science and planning professionals who combine extensive technical qualifications and knowledge of CEQA with several years of experience working in the region. The following is an organization chart showing the team members who will conduct peer reviews. 13 Redondo lileacli
14 WATIIiIIR SUII!.)IIC) IILY
PHASE UPHASE 11 N 0 W li SII SSMENTS
HYUROLOGY
Julie Welch Bill Vasti Aubrey Mescher
CULTURAL RESOURCES
IIII GAS
WSTORIC RESOURCES
IAYII OUUT
Breana Campbell -King, RPA Heather DuBois Steven Treffers
GEOLOGY
Julie Doane -Allmon, PG
14 EXHIBIT " B"
SCHEDULE FOR COMPLETION
TERM
This Agreement shall commence on November 15, 2022 and shall continue until November 14, 2023, unless otherwise terminated as herein provided. 15 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 peer review is $ 97, 108. This amount includes the peer review of the technical studies/issues to be prepared by sub -consultants. A breakdown of the fee by task is provided below. Also included is Rincon' s 2022 Schedule of Fee that includes hourly rates for services by type of personnel.
Task 1 Kickoff Meeting and Project Management 28 6, 028 0 6,028 Task 2 CEQA Peer Reviews 223 49, 378 30, 596 79, 974
Task 2. 1 EIR Peer Review 70 14,454 0 14,454
Task 2. 2 Peer Review of Technical Studies 153 34, 924 30, 596 65, 520 Task 3 CEQA Findings and Staff Report Support 26 5, 102 0 5, 102 Task 4 Public Hearings ( 2) 22 5, 946 58 6,004
Project Total 299 66, 454 30, 654 97, 108
Travel- Mileage $ 58
Photosimulations and/ or Modeling Subconsultant $ 4, 491 Traffic Engineering Subconsultant $ 26, 105
Direct Expenses Subtotal $ 30, 654
Principal II 295
Director II 295
Principal 1 285
Director 285
Senior Supervisor 11 258
Supervisor 1 240
Senior Professional 11 224
Senior Professional 1 208
Professional IV 184
Professional 111 170
Professional 11 153
Professional 1 136
Associate 111 117
Associate 11 102
16 Associate 1 95
Field Technician 82
Data Solutions Architect 175
Senior GIS Specialist 164
GIS/ CADD Specialist II 146
GIS/ CADD Specialist 1 131
Technical Editor 130
Project Accountant 110
Billing Specialist 95
Publishing Specialist 105
Clerical 95
Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in -court testimony are charged at the hourly rate of $375.
Reimbursable Expenses
Photocopies— Black and White $ 0. 20 ( single -sided), $0.40 (double -sided) Photocopies— Color $ 1. 50 (single -sided), $3. 00 (double -sided) Photocopies - 11 x 17 $ 0. 50 ( B& W), $ 3. 30 ( color) Oversized Maps $ 8. 00/ square foot
Digital Production $ 15/ CD, $ 20/ flash drive
Light -Duty and Passenger Vehicles* $ 88/ day
4WD and Off-road Vehicles* $ 140/ day
0. 65/ mile for mileage over 50 and for all miles incurred in employee -owned vehicles. 17 Environmental Site Assessment
268
Soil Vapor Extraction Monitoring Equipment 155
Four Gas Monitor 133
Flame Ionization Detector 107
Photo Ionization Detector 80
Hand Auger Sampler 60
Water Level Indicator, DC Purge Pump 45
Natural Resources Field Equipment
11 UAS Drone 268
Spotting or Fiberoptic Scope 165
Pettersson Bat Ultrasound Detector/ Recording Equipment 165 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) 110 GPS ( Sub -meter Accuracy) 65
Infrared Sensor Digital Camera or Computer Field Equipment 55 Scent Station 22
Laser Rangefinder/ Altitude 11
Pit -fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar 9 Mammal Trap, Large/ Small 1. 50/$ 0. 50
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) 600
Boat (20 ft. Boston Whaler or Similar) 335
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS 165 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) 60 Refractometer (Salinity) or Turbidity Meter 37
Large Block Nets 110
Minnow Trap 95
Net, Hand/ Large Seine 55
Field Equipment Packages
Standard Field Package ( Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety 110 Equipment, and Botanic Collecting Equipment)
Remote Field Package ( Digital Camera, GPS, Thermometer, Binoculars, Tablet and 140 Mifi, Delorme Satellite Beacon, 24 -Hour Safety Phone)
Amphibian/ Vernal Pool Field Package ( Digital Camera, GPS, Thermometer, 165 Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) Fisheries Equipment Package ( Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) 55 Underwater and Marine Sampling Gear ( U/ W Photo/ Video Camera, Scuba Equipment 55/ diver Tanks, BCD, Regulators, Wetsuits, etc.)
Marine Field Package ( PFDs — Personal Flotation Devices, 100 -foot Reel Tapes with 55 Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
Insurance, Hazard and Fees
Historic Research Fees 50
L& H Dive Insurance 55/ diver
Level C Health and Safety 65/ person
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 $ 97, 108 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 be registered or certifies, ,,, a,,, N... . age prepaid and addressed to or personally served on the following parties.
Consultant
Rincon Consultants, Inc.
250 East 1St Street, Suite 301
Los Angeles, CA 90012
Attn: Susanne Huerta, AICP, Supervising Environmental Planner Cit
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. 19 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.
20 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.
21 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 Mana , e
ment
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.
22 ACORO® CERTIFICATE OF LIABILITY INSURANCE
DATE / MM DD/YYYY)
2/ 1/ 2023 1/ 27/ 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 LOckton Insurance Brokers, LLC CONTACT
NAME:
777 S. Figueroa Street, 52nd Fl. PHONE .... .... .... .... .... FAX .... .... ....
Ext : A/ C No
CA License #OF 15767 ELos Angeles CA 90017 ADDRESS:
213) 689- 0065 INSURER(S) AFFORDING COVERAGE............................................................. NAIC #............
DAMAGE TO RENTED
PREMISES.( Ea occurrence) ............
INSURER A: Crum & Forster Specialty Insurance Co 44520
INSURED
Rincon Consultants, Inc. INSURER B Hartford Fire Insurance uan Company P. 19682
1. 46271.8 180 N Ashwood Ave. INSURER C: Starstone National Insurance Company 25496 Ventura CA 93003 INSURER D: Colony Insurance Company 39993 INSURER E:
XP&. I
INSURER F:
COVERAGES RINCOOI CERTIFICATE NUMBER: 16059492 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 I LTR TYPE INSURANCE POLICY NUMBER MM/ DDIYYYY MM/ DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y EPK- 133853 2/ 1/ 2021 2/ 1/ 2023 EACH OCCURRENCE 30,00000
CLAIMS -MADE X I
OCCUR
DAMAGE TO RENTED
PREMISES.( Ea occurrence) ............ 100, 000
X SIR: $ 50, 000 .................................................................... MED EXP ( Any. one. person) 1.0, 000 XP&.I PERSONAL & ADV INJURY 3, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000, 000 POLICY a
PRO
JECT auLOC PRODUCTS - COMP/OP AGG 4,000, 000
OTHER:
B AUTOMOBILE LIABILITY Y y 72UENOI.,5481 2/ 1/ 2022 2/ 1/ 2023 COMBINED SINGLE LIMIT Ea accident) 1, 000, 000
X ANY AUTO BODILY INJURY (Per person) XXXXXXX
OWNED
AUTOS ONLY
BODILY INJURY (Per accident) XXXXXXX
X HIRED X NON -OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accidenJ)---------------------------------- XXXXXXX Com ./ Coll. Ded 1, 000
A
UMBRELLA LIAB X- OCCUR N N EEX- I 19720 2/ 1/ 2022 2/ 1./ 2023 EACH OCCURRENCE 10, 000, 000 D X ExcESS uA6 CLAIMS -MADE
EX04278419 2/ 1/ 2022 2/ 1/ 2023
AGGREGATE 10, 000 000
DED X RETENTION $ 10, 000 XXXXXXX
WORKERS COMPENSATION Y
PER OTHC AND EMPLOYERS' LIABILITY LER Y/ N
T10220329 2/ 1/ 2022 2/ 1./ 2023 X-----STATUTET
PROPRIETOR/ PARTNER/EXECUTIVE EACH____________________________ A. CCIDENT 1___.,._ a_ 000_____. 000 OFFICER/ MEMBER EXCLUDED? N N / A E. L. ____________
a_ __________________.
Mandatory in NH) E. L. DISEASE - EA EMPLOYEE 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000, 000 A Contractors Pollution Liab N N EPK- 133853 2/ 1/ 2021 2/ 1/ 2023 Limit: $3, 000,000/$4, 000,000 E& O Liab. Limit: $3, 000,000/$4, 000,000
Retro Date: 12/ 9/ 1994
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Cyber Liability: Carrier: AXIS Surplus Insurance Company, Policy No. Renewal Policy No. 11- 001- 000809984- 01, Policy' rerm: 2/ 1/ 2022- 2/ 1/ 2023, Limit: $5, 000,000, SIR: $75, 000; Cyber Excess Liability: Carrier: Evanston Insurance Company, Policy No. MKIV3XCY000065, Policy Tenn: 2/ 1/ 2022-2/ 1/ 2023, Limit: $5, 000, 000. 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 for them by the Named Insured as required by written contract, per Blanket Additional Insured endorsement EN0147- 111 I, EN0320- 0211, EN0321- 0211 & HA99160312. Liability Coverage is Primary and Non -Contributory as required by written contract, per endorsement EN0147- 1111 & HA99160312.
CERTIFICATE HOLDER CANCELLATION See Attachments
16059492
City of Redondo Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 415 Diamond St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Redondo Beach 90277
AUTHORIZED REPR
ACORD 25 (2016/03)
1988-201TACQI`12D CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ( Use only if more space is required) Blanket Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation as required by written contract, per Endorsement ENO] 47- 1111, HA99160312 & WC000313. Excess policy follows General Liability, Auto Liability and Employers Liability fon-n.
ACORD 25 ( 2016/03) Certificate Holder ID: 16059492
Attachment Code: D563840 Certificate ID: 16059492
Policy Number: EPK-133853
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
Blanket when specifically required in a written contract with Blanket when specifically required in a the named insured. written contract with the named insured.
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 additional insured the person( s) or organization( s) shown in the Schedule, but only with respect to liability for "bodily injury", " property damage" or " personal and advertising injury" cause, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the
additional insured( s) at the location( s) designated above.
With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the project
other than service, maintenance or repairs) to be
performed by or on behalf of the additional insured( s) at the location of the covered operations has been
completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its 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
Attachment Code: D563841 Certificate ID: 16059492
Policy Number: EPK- 133853
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
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 Blanket when specifically required in a written contract with the named insured.
Blanket when specifically required in a written
contract with the named insured.
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
Attacbment Code: D563842 Certificate ID: 16059492
Policy Number: EPK- 133853
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 C} M| G8| C} N8 LIABILITY COVERAGE PART
SCHEDULE
me Of Additional Insured Person(s) or Organization( s)
inket when specifically required in a written contract with the named insured.
A. SECTION 8N -- WHO IS AN INSURED within the Common Provisions is amended to include as on additional insured the person( s) ororganization( o) indicated in the Schedule shown abova, 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 aooiaa to " bodily injury" " 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 ohnvvn 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 organ ization( s).
3. The term " additional insured" is used separately and not collectively, but the inclusion nfmore than one additional insured" shall not increase the limits or coverage provided by this insurance.
This Endorsement does not reinstate orincrease the Unnitu of Insurance applicable to any " dainftowhich the ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
Auucbmo^ Code: o503K44Certificate ID: 16059492
Policy Number: 72UEN0Lo481
Policy Term: 2/ 1/ 2021 to 2/ 1/ 2023
ooMMsacwL Auromoa|Ls
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ UTCAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Tothe extent that thmprovoionaofthioendormemantprovdebnoadarbonafitahothe^ inuurod^ thanothmr provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations ioamended 0oinclude:
1) Any legal business entity other than a
partnership orjoint venture, formed aaa
subsidiary inwhich you have an
ownership interest ofmore than 50% on
the effective date ofthe Coverage Form.
However, the Named Insured does not
include any subsidiary that ivan
inaun*d" under any other automobile
policy orwould bean" inaured" under
such apolicy but for its termination or
the exhaustion ofits Limit ofInsurance.
2) Any organization that imacquired or
formed byyou and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
a) That is a partnership or joint
venture,
b) That ioan^ innured^ under any other
policy,
c) That has exhausted its Limit of
Insurance under any other policy, or
d) 180 days or more after its
acquisition or formation by you,
unless you have given uanotice of
the acquisition orformation.
Coverage does not apply to" bodily
irjury'' or" property damage" that results
from an ^ accidmnt'' that occurred before
you formed oracquired the organization.
B. Employees esInsureds
Ponaoraoh A. 1. - VVH0 IS AN | NSURED- of
SECTION || - LIABILITY COVERAGE in
amended (oadd:
d. Any ^employee^ ofyours while using a
uuvmnad " auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors amInsureds
Paragraph A` 1. - WHO | SANINSURED - of
Section ||- Liability Coverage ieamended ho
add:
e. The lessor ofacovered ^aubo" while the
auto'' ieleased hoyou under owritten
agreement if:
1) The agreement requires you to
provide direct primary insurance for
the lessor and
2) The " outo" ioleased without mdriver.
Such aleased ^au0u^ will bmconsidered a
covered " auto" you own and not acovered
auto" you hire.
O. Additional Insured ifRequired byContract
1) Paragraph A. 1. - WHO |SANINSURED
ofSedion || - Liability Coverage is
amended to add:
t When you have agreed, inawritten
contract nrwritten agreement, that a
person ororganization beadded aa
anadditional insured onyour
business auto policy, such person or
organization ioan'' inmured^. but only
tothe extent such person or
organization is liable for "bodily
injury" or" property damage" caused
bythe conduct nfan" inourod" under
paragraphs o. orb. ofWho |oAn
Insured with regard tothe
ownership, maintenance oruse ofa
covered " auto."
@2011. The Hartford ( Includes copyrighted material
Attacbment Code: D563844 Certificate ID: 16059492
The insurance afforded toany such
additional insured applies only ifthe
bodily injury" ur" property damage"
1) During the policy period, and
2) Subsequent 0othe execution ofsuch
written contract, and
3) Prior 0othe expiration ofthe period
uftime that the written contract
requires such insurance b* provided
to the additional insured.
2) How Limits Apply
Ifyou have agreed inawritten contract
orwritten agreement that another
person ororganization beadded oaan
additional insured onyour policy, the
most wewill pay onbehalf ofsuch
additional insured inthe lesser of:
a) The limits ofinsurance specified in
the written contract or written
agreement; or
b) The Limits ofInsurance shown in
the Declarations.
Such amount shall beapart ofand not
inaddition tuLimits ofInsurance shown
inthe Declarations and described inthis
Section.
3) Additional Insureds Other Insurance
fmmcover aclaim or" aui\" under this
Coverage Part that may also bacovered
byother insurance available toan
additional insured, such additional
insured must submit such claim or'' euit^
tuthe other insurer for defense and
indemnity.
However, this provision does not apply
tuthe extent that you have agreed ina
written contract orwritten agreement
that this insurance ieprimary and noncontributory with the additional ineuned' o own insurance.
4) Duties inThe Event OfAccident, Claim,
Suit nrLoss
Ifyou have agreed inowritten contract
orwritten agreement that another
person urorganization beadded moan
additional insured onyour policy, the
additional insured shall berequired ho
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES | NTHE
EVENT OFACCIDENT, CLAIM, SUIT
ORLOSS —OFSECTION |V—
BUSINESS AUTO CONDITIONS, inthe
same manner aothe Named Insured.
E. Primary and Non -Contributory if
Required by Contract
Only with respect toinsurance provided to
an additional insured in 1. D. - Addi1iona|
Insured If Required by Contraci, the
following provisions apply:
3) Primary Insurance When Required By
Contract
This insurance bprimary Jyou have
agreed inawritten contract or written
agreement that this insurance b*
primary. |fother insurance is also
primary, wewill share with all that other
insurance bythe method described in
Other Insurance 5. d.
4) Primary And Non -Contributory ToOther
Insurance When Required ByContract
Uyou have agreed inowritten contract
orwritten agreement that this insurance
is primary and non- contributory with the
additional inaured'oown insurance, this
insurance ioprimary and wowill not
seek contribution from that other
insurance.
Paragraphs ( D) and ( 4) donot apply toother
insurance towhich the additional insured
has been added aoenadditional insured.
When this insurance isexcess, wewill have no
duty todefend the insured against any ^auit" if
any other insurer has aduty todefend the
insured against that "ouit". |fnoother insurer
defends, wewill undertake todoso, but mmwill
beentitled iuthe inoured' arights against all
those other insurers.
When this insurance iaexcess over other
insurance, vvewill pay only our share ofthe
amount ofthe loss, ifany, that exceeds the sum
1) The total amount that all such other
insurance would pay for the loss inthe
absence ofthis insurance; and
2) The total ofall deductible and self-insured
amounts under all that other insurance.
VVewill share the remaining loss, ifany, bythe
method described inOther Insurance 5d.
2. AUTOS RENTED BYEMPLOYEES
Any "autohired mrented byyour "employee'
onyour behalf and styour direction will bo
considered on^ auto^ you hire.
The OTHER INSURANCE Condition imamended
by adding the following:
@2011. The Hartford ( Includes copyrighted material
Attacbment Code: D563844 Certificate ID: 16059492
If an" amp|oyee' u" personal insurance also
applies onanexcess basis hmocovered ^auto"
hired orrented byyour ^emp|nyee^ onyour
behalf and atyour direction, this insurance will
beprimary tothe ^emp|oyee' a^ personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. FELLOW EMPLOYEE of
SECTION ||' LIABILITY COVERAGE does not
apply ifyou have workers' compensation
insurance in -force covering all ofyour
emp|oyaea"
Coverage iuexcess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE
COVERAGE
If hired " autos" are covered ^autou^ for Liability
Coverage and ifComprehensive, Specified
Causes ofLoss, orCollision coverages are
provided under this Coverage Form for any
au\ o^ you own, then the Physical Damage
Coverages provided are extended to" autoa" you
hire or borrow. subject tothe following limit.
The most wewill pay for ^|oeo'' toany hired
auto" is:
1) $ 100, 000;
2) The actual cash value ofthe damaged or
stolen property atthe time ofthe "|oae"; or
3) The cost of repairing or replacing the
damaged orstolen property,
whichever iosmallest, minus adeductible. The
deductible will beequal Nthe largest deductible
applicable toany owned " auto" for that
coverage. Nodeductible applies to"| oyo" caused
by fire or lightning. Hired Auto Physical Damage
coverage iaexcess over any other collectible
insurance. Subject tothe above limit, deductible
and excess provisions, wewill provide coverage
equal tothe broadest coverage applicable hoany
covered ^auto^ you own.
VVewill also cover loss ofuse ofthe hired ^auto^
ifitresults from on^ occidont''. you are legally
liable and the lessor incurs enactual financial
loss, subject hoomaximum of$ 1UUOper
This extension ofcoverage does not apply to
any ^auto^ you hire orborrow from any ofyour
mmp|oyeea''. partners ( if you are apartnemhip).
5. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A4.a. ofSECTION III - PHYSICAL
DAMAGE COVERAGE ioamended toprovide a
limit of$ 50per day and amaximum limit of
1, 000.
8. LOAN/ LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, inthe event ofatotal ^|oea^ toa
covered ^auto^. wmwill pay your additional legal
obligation for any difference between the actual
cash value ofthe ''auto'' atthe time ofthe ^|ooa^
and the "outstanding balance" ufthe |oan8maom.
Outstanding balance" means the amount you
owe onthe loan/ lease o< the time of^| oau" less
any amounts representing taxes; overdue
payments; penalties, interest orcharges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned bythe lessor; costs for extended
warranties, credit life | neurunoa, hea|th, accident
ordisability insurance purchased with the loan or
lease; and carry-over balances from previous
loans orleases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION ||| - PHYSICAL DAMAGE
COVERAGE, the following iaadded:
The exclusion relating 0omechanical breakdown
does not apply tothe accidental discharge ofan
airbag.
O. ELECTRONIC EQUIPMENT ' BROADENED
COVERAGE
a. The exceptions to Paragraphs B. 4
EXCLUSIONS - ofSECTION III - PHYSICAL
DAMAGE COVERAGE are replaced bythe
following:
Exclusions 4`c. and 4.d. dunot apply to
equipment designed tobeoperated solely
byuse ofthe power from the ''auto' s^
electrical system that, atthe time of "loss",
1) Permanently installed inorupon
the covered ^muto^;
2) Removable from ahousing unit
which iopermanently installed in
orupon the covered ^auho^;
3) Anintegral part ofthe same unit
housing any electronic
equipment described in
Pomnr^ nhp( 1) ond( 2\ nh^ ve-^ r
@2O11. The Hartford ( Includes copyrighted material
Attacbment Code: D563844 Certificate ID: 16059492
4) Necessary for the normal
operation ofthe covered ^euhfor
the monitoring ofthe covered
11auto' s" operating system.
b. SmcUonIII — Version CA00O1O31Oofthe
Business Auto Coverage Form, Physical
Damage Coverage, Limit ofInsurance,
Paragraph C. 2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit ofInsurance,
Paragraph Care each amended toadd the
following:
1. 500iathe most wmwill pay for ^|noe'' in
any one ^aooident" toall electronic
equipment (other than equipment designed
solely for the reproduction ofsound, and
accessories used with such equipment)
that reproduces, receives ortransmits
audio, visual or data signals which, at the
time of "loss", is:
1) Permanently installed inorupon
the covered ''auLu'' inahousing,
opening orother location that ionot
normally used bythe "auW"
manufacturer for the installation of
such equipment;
2) Removable from a permanently
installed housing unit aedescribed
inParagraph 2. a. above oriean
integral part ofthat equipment; or
3) Anintegral part ofsuch equipment.
o. Foreach covered ^uu( n^ . should loss belimited
to electronic equipment only, our obligation to
pay for, repair, return orreplace damaged or
e0z|en electronic equipment will be reduced by
the applicable deductible shown in the
Deo|arationa, or $250, whichever deductible is
A\ EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - ofSECTION
III - PHYSICAL DAMAGE COVERAGE, wmwill
pay for the expense ofreturning ostolen covered
auto^ toyou.
1O. GLASS REPAIR ' WAIVER C3FDEDUCTIBLE
Under Paragraph D.' DEDUCTIBLE ' ofSECTION
PHYSICAL DAMAGE COVERAGE. the
following is added:
Ifanother Hartford Financial Services Group,
Inc. company policy orcoverage form that ianot
anautomobile policy orcoverage form applies to
the same ^aocident''. the following applies:
1)| fthe deductible under this Business Auto
Coverage Form iothe smaller (or smallest)
deductible, it will be waived;
2)| fthe deductible under this Business Auto
Coverage Form ionot the smaller (or
smallest) deductible, itwill bereduced by
the amount ofthe smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2. a. -
DUTIES | NTHE EVENT OFACC|DENT.CLA|M.
SUIT ORLOSS ofSECTION |V' BUSINESS
AUTO CONDITIONS that you must notify uoof
an^ aoodent" applies only when the ^amcident" ie
known to:
1) You, ifyou are anindividual;
2) Apartner, ifyou are opartnership;
3) Amember, ifyou are mlimited liability
company; or
4) Anexecutive officer orinsurance manager, if
you are ecorporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
fyou unintentionally fail todisclose any hazards
existing adthe inception date ofyour policy, we
will not deny coverage under this Coverage
Form because ofsuch failure.
14. HIRED AUTO ' COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced bythe following:
u. For short-term hired '' autoo''. the coverage
territory with respect to Liability Coverage is
anywhere inthe world provided that ifthe
ineured' o'' responsibility topay damages for
bodily irjury" or" property damage" is
determined ina^ ouit.'' the ''ouit" iabrought in
the United States ofAmerica, the territories
and possessions ofthe United States of
America, Puerto Rico orCanada orina
settlement we agree to.
Nodeductible applies toglass damage if the 1SiWAIVER 0FSUBROGATION glass ierepaired rather than replaced. TRANSFER OFRIGHTS OFRECOVERY 1i. TWO { JRMORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS iaamended by PHYSICAL DAMAGE COVERAGE, the addingthe foUmwinq:
following ieadded:
2O11. The Hartford ( Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4of5 Attacbment Code: D563844 Certificate ID: 16059492
Newaive any right ofrecovery wmmay have
against any person ororganization with whom
you have awritten contract that requires such
waiver because ofpayments womake for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of" bodily injury" inSECTION VDEF| N| T| ONS is replaced bythe following:
Bodily injury" means bodily irjury, sickness or
disease sustained byany person, including
mental anguish ordeath resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS CANCELLATION applies
except aafollows:
Uwmcancel for any reason other than
nonpayment ofpremium, mmwill mail ordeliver
tnthe first Named Insured written notice of
cancellation atleast 80days before the effective
date of cancellation.
18. HYBRID, ELECTR|C, OR NATURAL GAG
VEHICLE PAYMENT COVERAGE
nthe event ofatotal loss toa^ non- hybrid^ auto
for which Comprehensive, Specified Causes of
Loss, orCollision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended aofollows:
e.| fthe auto isreplaced with a^ hybrid'' auto or
an auto powered solely byelectricity o/ natural
geo, we will pay an additional 10%. to a
maximum of$ 2. 5OU. ofthe ^non-hvbhd'' auto' s
actual cash value orreplacement cost,
whichever ialess,
bTheauto must bmreplaced and acopy ofabill
ofsale ornew lease agreement received byua
within 80 calendar days of the date of "loss,"
o. Regar leoeofdhanumberofeubmdaemeda
total loss, the most wmwill pay under this
Hybrid. Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
oae^ is $ 10, 000.
For the purposes ofthe coverage provision,
a.A" non' hybrid" auto iadefined aeanauto that
uses only oninternal combustion engine k/
move the auto but does not include autos
powered solely byelectricity ornatural gas.
b.A" hybhd" auto iadefined aoanauto with an
internal combustion engine and one ormore
electric motors; and that uses the internal
combustion engine and one ormore electric
motors to move the auho, or the internal
combustion engine tocharge one ormore
electric moto/ o, which move the auto.
19. VEHICLE WRAP COVERAGE
nthe event ofatotal loss toan" aubffor which
Comprehensive, Specified Causes ofLoss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended toadd the following:
naddition tothe actual cash value ofthe "autu"
wmwill pay uptoS1. 0OOfor vinyl vehicle wraps
which are displayed onthe covered ^euto^ atthe
time of total loss. Regardless of the number of
autos deemed atotal loss, the most wewill pay
under this Vehicle Wrap Coverage provision for
any one ''|ooa'' ie$ 5' 0UO. For purposes ofthis
coverage proviaion, signs orother graphics
painted ormagnetically affixed tothe vehicle are
not considered vehicle wraps.
@2O11. The Hartford ( Includes copyrighted material
Attachment Code: D565978 Certificate ID: 16059492
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
Ed. 4- 84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be
due on such remuneration.
Person or Organization
of the California workers' compensation premium otherwise Job Description
WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO
OBTAIN THIS AGREEMENT FROM US, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS
ENDORSEMENT BENEFIT ANY COMPANY OPERATING
AIRCRAFT FOR HIRE.
The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $ 500 policy minimum premium.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2/ 1/ 2022 Policy No. T10220329 Endorsement No. 23 Insured Rincon Consultants, Inc. Policy Effective Date 2/ 1/ 2022 Insurance Company StarStone National Insurance Company
Countersigned By KK
WC 04 03 06
Ed. 4- 84)
1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved