NCE Agreement PMS — Redondo Beach City Council, March 18, 2025

AGREEMENT FOR CONSULTING SERVICES

BETWEEN THE CITY OF REDONDO BEACH
AND NICHOLS CONSULTING ENGINEERS, CHTD.

THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and Nichols Consulting Engineers, CHTD., a Nevada 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
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 performed and paid for in accordance with the following:

Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/ or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.

If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.

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 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. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b). 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.

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. a. Acknowledgement. Consultant acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twentyfive dollars ($ 25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one ( 1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Consultant acknowledge that this project is a public work to which prevailing wages apply. Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit "E", which is attached hereto and incorporated by reference.

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 0 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 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 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
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 18th day of April, 2023.

CITY OF REDONDO BEACH, NICHOLS CONSULTING ENGINEERS,
CHTD.,
a chartered municipal corporation a Nevada corporation
Eo
DocuSigned by:
wm C. i WAAAJ
E6413C7231DF4E1...

William C. Brand, Mayor
ATTEST:

EDocuSigned by:
214CF
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:

EDocuSigned by:
l i&. aA R ( a
669049EDE03D402...

Michael W. Webb, City Attorney
ECDocuSignedby:
br b. rasimh
By: 8E05CEC98BB5409...

Name:

Title: Principal & Regional Manager
APPROVED:

Ev
DocuSigned by:

AAA), SfVdf #, AA,
ABED8CF35EEF48C...

Diane Strickfaden, Risk Manager
0 EXHIBIT " A"

PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES

CONSULTANT' S DUTIES
Consultant shall perform the following duties.

A. TASK 1 - PROJECT MANAGEMENT & COORDINATION

1. Meet with City Staff at a Project kick-off meeting and two additional meetings at milestones to review work performed and address any questions or issues during the work processes.

2. Provide a schedule for the collection of the field data, and contact names and cell phone numbers of the consultant/ subcontractor completing the field work.

3. Discuss a summary of the expectations to complete the project with the City.

4. Provide the following deliverables.
a. Meeting agendas and summaries of meetings
b. Monthly progress reports
c. Draft QA/QC plan
B. TASK 2 — PAVEMENT MANAGEMENT PROGRAM UPDATE

1. Provide updated pavement management software ( PMS) license to the City for a three year period.

2. Perform distress collection surveys using automated protocols for the City' s street network of 159.43 centerline miles (streets and alleys) as per ASTM D6433 protocols. The City's street network includes arterial, collector, residential, and alley streets. Streets with a raised median will be surveyed in both directions of travel.

3. Populate the PMS database with recent maintenance & rehabilitation ( M& R) historical data, including all M& R activities. This shall include overlays, reconstructions and any surface seals that have occurred since 2020.

4. Data Entry and PCI Calculations. Download all data collected from the distress condition surveys into the StreetSaver PMS database. Perform the pavement condition index (PCI) calculations, and correct any errors found.

5. Quality Control Plan. Incorporate a QA/QC component into all project and include the following components.
a. Calibration of all data collection activities.
b. Review of field activities, including spot checks on the field crews. c. Review of field procedures and making changes as needed. d. Comparison of the field data collected with on- site conditions. a
e. Review of all data entry functions, including random spot checks. f. Review of reports generated and analyses performed to ensure a quality product.

6. Maintenance and Rehabilitation Strategies. Review M& R strategies with City staff, including the recommendation and selection of appropriate treatments, such as cape seals or overlays, review of new/sustainable treatments or materials, and the determination of treatment unit costs. a. Assist City in developing and defining the M& R decision tree and alternatives for the pavement management update. Provide the City with solutions that are practical and workable. Upon defining the M& R alternatives, determine a treatment unit cost for each alternative. Enter these alternatives and costs into the PMS database for budgetary analyses.
b. Review any recent bid tabs, together with those from neighboring cities as appropriate. Ensure unit prices are the fully -loaded rates, and include contractors' prices, design costs, and inspecting and testing costs.

7. Budgetary Analyses. Perform a Budget Needs analysis using an analysis period to be determined by the City. Identify the M& R requirements for each road section and determine the total maintenance and rehabilitation requirements over the entire analysis period in the Needs Analysis. Identify road sections that need treatment and apply the M& R decision trees to each section in the Needs Analysis and sum the costs for the entire period. Run a minimum of four ( 4) budget scenarios against the test results to determine the impacts budget will have on the network over the next five ( 5) years. Budget scenarios include the following examples.
a. Impacts of existing funding levels.
b. Impacts if there are increases in funding levels, including bond measures, sales taxes, and legislative proposals.
c. Funding required to maintain certain PCI levels.
d. " Do Nothing" scenario for street rehabilitation.

8. Develop Work Zones: Assist the City in developing zones for road maintenance schedules. These zones will then be incorporated into the City's PMP to develop a rotating maintenance schedule using a zone improvement approach. This task assumes the City will provide an updated shapefile that includes all the streets under the City jurisdiction.

9. Pavement Management Program ( PMP) Report
a. Description of methodology, findings and recommendations. b. Description of priority listings in results as well as benefit/cost analyses. c. Inventory of all City streets including functional classifications, lengths and widths, and surface types.
d. PCI listing - current pavement conditions in tabular format for all road classes and surface types.

M
e. Projected annual repair/rehabilitation programs for road maintenance for a multi-year period.
f. Project schedules and associated budgets (with inflation adjustments) for the entire network as well as each road segment, for each calendar year over the given period of time.
g. An analysis allowing the City to measure and understand the impact of deferred maintenance ( backlog) on the overall network condition. h. Multi- year (five years) improvement plan by zones with costs. i. GIS generated maps

10. Provide the following deliverables.
a. PCI Report
b. Draft PMP Report (electronic copy)
c. Final PMP Report (electronic copy)
d. Updated PMS database
e. Work zones
C. TASK 3 — FOCUSED WORK PLAN FOR FY 2023-25 WITH PAVMENT

REHABILITATION DESIGN

1. Field Review and Verify FY 2023-25 Street List. As part of this task, Use the pavement condition, pavement maintenance strategies, street list and work zone obtained as part of Task 2 and perform a preliminary field review and verify preliminary treatments on each candidate street and adjacent streets

2. Pavement Coring and Laboratory Testing. Collect pavement section core samples (4" or 8" diameter cores) on the subject 3 -year street sections identified in the above task. Carry out 4 days of coring and extract up to 48 cores. As part of this task, Obtain and test up to nine ( 9) bulk samples of subgrade in support of potential street reconstruction for laboratory testing, such as R -value, moisture content, and Atterberg Limits ( plasticity index).

3. Pavement Design Recommendation: Perform pavement analysis and design services incorporating the coring data and refine the preliminary pavement rehabilitation recommendations.

4. Base Repair Marking: Mark base repair locations in white paint and detailed area calculations prior to construction. The primary purpose of this task is to determine the approximate quantity of base repair that should be included for bid estimate purposes.

5. Provide the following deliverables.
a. Draft Pavement Design Recommendation Report (electronic copy) b. Final Pavement Design Recommendation Report (electronic copy) c. Field mark out of Base Repair location prior to each construction cycle for FY 2023-25
d. MS Excel and GIS Maps of Base Repair location
12 D. TASK 4 — RIGHT-OF-WAY ASSET INVENTORY

1. Traffic Sign Inspection. Provide visual nighttime method ( retroreflectivity).

2. ADA Ramps. Provide point location, type, material, and optional inspection of ADA compliance per FHWA standards.

3. Provide the following deliverables.
a. Inventory Report
b. Updated GIS shapefiles with inventory data
E. TASK 5 — COUNCIL PRESENTATION, TECHNICAL WORKSHOP, & TECHNICAL

SUPPORT

1. Present the results of the PMP to the City Staff.

2. Prepare and present a 15 -minute non-technical presentation to the City Council.

3. Provide up to 60 hours of technical support on an as -needed basis.

4. Provide the following deliverables.
a. One virtual presentation to the City Staff.
b. One in- person Presentation to the City Council.
c. Up to 60 hours of Technical support (as requested by the City). 13 EXHIBIT " B"

SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence on April 18, 2023 and continue through June 30, 2026, unless otherwise terminated as herein provided. 14 EXHIBIT " C"

COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.

A. AMOUNT. Consultant shall be paid in accordance with the following hourly rate schedule.

STAFF
HOURLY
RATE
Principal & QA/QC Manager 240
Project Manager 150
Senior Engineer 190
Project Engineer 175
Staff Engineer 155
Senior Technician 120
Technician 100
Project Administrator 100
However, in no event shall Consultant's total compensation exceed the following amounts for each task for a total not to exceed amount of $234,000. 00.

TASK DESCRIPTION TOTAL COST

1. Project Management & Meetings
A. Project Management, Kick-off Meeting and Progress Meetings 6, 500.00 Sub -Total 6, 500.00

2. Pavement Management Program Update
A. Update City's StreetSaver Software License (for 3 -years) 12, 395.00 B. Pavement Condition Surveys (Streets & Alleys) 35, 590. 00 C. Updated M& R History, Unit Cost, & Decision Tree 3, 450.00 D. Budgetary Analysis & Report 9, 925.00
E. Develop Work Zones 8, 240.00
Sub -Total 69, 600.00

3. Focused Work Plan for FY2023- 25 with Pavement Rehabilitation Design A. Field Review and Verify 2023-25 Street List 9, 770.00 B. Pavement Coring 47,250.00
C. Pavement Design Recommendations 21, 960.00
D. Base Repair Marking 28, 920.00
Sub -Total 107, 900.00
15 B. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices shall describe services performed, dates of service, hourly rate, hours worked, title of staff person, and fee for task. Invoices must be itemized, 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.

C. SCHEDULE FOR PAYMENT. Invoices shall be monthly in arrears based upon the time spent during the previous month for which an invoice shall be submitted. City agrees to pay Consultant within thirty ( 30) days of receipt of monthly invoices; provided, however, that payments by City shall not exceed the proportion of the phase or task completed described in Section A of this Exhibit " C".

D. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid, and addressed to or personally served on the following parties.

4. Right -of -Way Asset Inventor
A. Asset Data Collection 6, 505. 00
B. Sign Inspection ( FHWA MUTCD Retroreflectivity)Visual Nighttime Method
12, 238.00
C. ADA Ramp Inventory per FHWA - x,y, location, type 5, 557. 00 D. Asset Inventory Report 3, 100. 00
Sub -Total 27, 400.00

5. Council Presentation, Technical Workshop, & Technical Support A. Presentation to City Staff & Council 4,860.00
B. Technical Workshop 6, 650.00
C. Technical Support 11, 090.00
Sub -Total 22, 600.00
TOTAL 234,000.00
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices shall describe services performed, dates of service, hourly rate, hours worked, title of staff person, and fee for task. Invoices must be itemized, 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.

D. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid, and addressed to or personally served on the following parties.

Consultant: Nichols Consulting Engineers, CHTD.
17050 Bushard St., Suite 20
Fountain Valley, CA 92708
Attention: Vivek Jha
Email: VJha@ncenet. com
Com: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Lauren Sablan
Email: Lauren. Sablan@redondo. org
16 All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day after email and 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.
17 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.

W
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.

M
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.

NN
EXHIBIT " E"

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.

4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.

7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777. 6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9 8. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.

Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay.

9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor's expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 22 NICHCON-n2 MCCOWANA
4 oRo CERTIFICATE OF LIABILITY INSURANCE DAT5/ 5/ 2D/ YYYY) 5/ 5/ 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 License # OE67768 CONTACT Erica Wilson
IOA Insurance Services
4370 La Jolla Village Drive
Suite 600
San Diego, CA 92122
PHONE FAX A/C, No, Ext): ( 858) 754-0063 50233 A/C, No):( 619) 574-6288

E- MAIL ,
ADD E [email protected]
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: RLI Insurance Company 13056
PSB0003222
INSURED INSURER B: Interstate Fire & Casualty Company 22829 Nichols Consulting Engineers, CHTD INSURER C :

INSURER D: 1885 S. Arlington Ave., #111
Reno, NV 89509

INSURER E
INSURER F:

COVERAGES • CFRTIFICATF NIIMRFR• RFVICION NI IMRFRTHIS 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 :, UCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRTR TYPE OF INSURANCE
ADDL
INSD
SUBR
W D
POLICY NUMBER POLICYryEFFy

POLICY EXP

DD/ Y Y LIMITS

A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE [ X] OCCUR X X PSB0003222 5/ 17/2022 5/ 17/ 2023 EACH OCCURRENCE $ 1' 000' 000
DAMAGE TO PREMISES aENT
1' 000' 000
X Cont Liab/Sev of Int MED EXP (Any oneperson) $ 10' 000 PERSONAL 8 ADV INJURY $ 1' 000' 000
GENT AGGREGATE LIMIT APPLIES PER:

POLICY PRO- FLOC
GENERAL AGGREGATE $ 2' 000' 000
PRODUCTS - COMP/ OP AGG $ 2,000,000
OTHER: bed $ 0
A AUTOMOBILE LIABILITY COMBI aEeD SINGLE LIMIT $ 1, 000,000 X ANY AUTO BODILY INJURY Perperson) $
OWNED SCHEDULE.)

AUTOS ONLY AUTOS
X X PSA0001184 5/ 17/ 2022 5/ 17/2023
BODILY INJURY Per accident $

PROPERTY DAMAGE
Per accident $
X

HIRED NON -OWNED

AUTOS ONLY AUTOS ONLY
Comp.: $500 rx Coll.: $ 500
A UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5' 000' 000
XfLfLEXCESS LIAB CLAIMS -MADE PSE0003030 5/ 17/ 2022 5/ 17/ 2023 AGGREGATE $ 5, 000,000 DE RETENTION $

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
X PSW0001955 5/ 17/ 2022 5/ 17/ 2023
X PER OTHE E
E. L. EACH ACCIDENT $ 1, 000,000
E. L. DISEASE - EA EMPLOYEE $ 1' 000' 000
E. L. DISEASE - POLICY LIMIT $ 1, 000, 000
B Prof. / Poll. Liab. USFOO807822 5/ 17/2022 5/ 17/ 2023 Per Claim 5,000, 000 B Ded.: $ 50k Per Claim USF00807822 5/ 17/2022 5/ 17/ 2023 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /.VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: All Operations
City of Redondo Beach, its officers, enacted and appointed officials, employees, and volunteers are Additional Insureds with respect to General and Auto Liability per the attached endorserrl as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation in favor of the Additional Insureds. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions.

City of Redondo Beach
415 Diamond Street

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD
Named Insured: Nichols Consulting Engineers, CHTD
This enciorsement: MOW$ insurance provided unclerthe rollowinq`.

BUSINESS AUTO 'COVERAGE- FORM
A. Broad Fbrm Named Insured
The following is added to.. the SECTION. If -
LIABILITY C-overaqe,, Paragraph- A . . 1. Who Is An
Insured Provision:.

Any business- entity r,AeWly. 80qUirecl or formed by you duringthe policy pariod,, provided you. Own fifty
percentJ: ( 50% or. snore o . f the business entity{ and the entity. business I y. is' not separately insured: for
Ousine,56. ALItO Coverage. Goverage' is extended up
to a- rilaximum :a . f one hundred .eighty ( 1-80): days following. the acquisition or formation of the business entity.

This: provisiondoes- not apply to any person. or.

Organization for which coverage is excluded by.
endorsernent,
B. Employees As- lnsu.,,.eds
The., following isadded to the SECTION I , ILIABILITY GOVEKAJOE, Paragrapti A. I. VVh o s An Insured Provision:

Any " PMP.10Yee" ( if YtAirs is an 1' insure& whsle' using P, covered. '!auto" you don't own; hi.re. or borrow in
your.buo,ine,5s or your personal affalrp.:

C. Blanket Additional IftPuroo
The followirig is aided to tho. SECTION, 11
LIABILITY COVERAGE P- a. ra' -q:rp.ph A. 1. Who: It: An Insured Provision:

Any person or .orloal)ization that you are required to
Inollude. at. an additi.anal insured oh :this: coverage form in a co.rit'ract. or agreetnent that is eyccutecl by you before. the ` bodily injury" or " pro . perty damaw" oc.C.Qrs is: an" insurer for , llabffjfi/, toverag.. 0 Out only.. for ' damages to whit'.,h this insurance, applies. and
uIlly ol U(,q.a.ri1zaLiun
qualifies. n an 1ns.ured" under the Who 18 An
Insured. provision- contained, in SECTION
1 11 -
LIABJLITV COVERAGE.
file. ins I insurance prQukledt-othe additional insured will be on' a primary an.d. non-contributory basis to the
additionalI inSLIred 'S own IbLigirlieSS ' iUtO cove -rage if you are. re t required to. db so' in a contraq ora.greorryerit. that is executed by you before the " bodily i . njury" Or propeMj damage" occurs.

D. Blanket Waiver OfS-,ubri)ciotion
The following is added to the. SECTION IV -
BUSINESS AUTO- CONDITIONS, A. Lbss
Conditions, 56 Tran.sftt Of- Rights -Of Recovery
Against fathers To.. Le$:

PPA:800 03 11
Policy Number: PSA0001 184
M waive any
ri
ht -of recovery jve may have against
any' person. or organization to the extent required 'of YOU by a contract sixecuted. prior to any " aooidont" or toss"% provided ' that the '! a-cciclent". 6.t " loss" arises but.of:the operations contemplated by.s.uch contract.

The waiver applies only to the person or
organization. designated4l such GOiltrar.f.

E. Employee. -Hirecl,Autos

1. The following is• added to the ; SECTION 11
LIABILITY! COVERAGE,. Paraqiajjh A. I. Who
Is An Insured Provision:

Ari " UrTlpluyee'.' af yuuls i,, Lift llisuliwd" while
operating an. " auto" llirecl or rented under a
contract or agreement in that " employee's"
I ame, with your permission while, performing
duties related to the conduct -of your business.
1 1. Changes in -General Conditions:

P8r9grApn 5. 1), of thipvtner Insurance
Condition In the BUSINESS AUTO
CONDITIONS; is deleted and replaced with the
following:;,
lb For Hired ALIt.0- Physical DaMage Coverai3.&
the follokAying are - deemed to be: covered
autm" yourown:
0: Any covemrd " autd' you lease, hire, rent
or' borrow; and
2)-. Any. WVeted " auto" hired or routed .- by
your "employee" under a contract in that
individual ":ernployee's" name, with your
while.: pedormir.19 dl
related to the conduct of your .business.

However, any, " auto" that is lepsed,
hired, hMtecl or borrovyodwith a driver is
not 8 covered: "auto".

Fe.1low. Employee Coveragg
SECTION 11 - LIABILITY COVER -AGE, Exclusion
not apply if you h*.jve workers
compensation imurance- inJarce covering all of your
erriployeeg•.

G. Auto. Loan Lease- Glp: Coverage
SECTION III - PHYSMAL DAMAG-E. COVERAGE,
C. Limit Of Insurance, is amended by tho: addition
6f'the following:

In theevent of ca. total " loss"* to, -a boveie.d " aijto" sh0wh in the, Schedule of Deciarations, we will pay
anq Unpaid Mount due On the. lease or I. Gal) for a
covered "auto less:

Named Insured: Niches Consulting Engineers, CHTD Policy Number: PSW0001955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 04-84)
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 premie.lim for this endorsement shall be on such remuneratioo.

Person or Organiza-;ion
All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you
executed the contrac' before the loss
n
of the California workers' compensation premium otherwise due Schedule
Job Description
Jobs performed for an person or organization
that you have agreed with in a written contract
to provide this agreement
Named Insured: Nichols Consulting Engineers, CHTD RLI Insurance Company Policy Number: PSB0003222
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack° FOR PROFESSIONALS

BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY
C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for " bodily injury", " property damage" or " personal and
advertising injury" cawed in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with " your work" and included
within the " product -completed operations
hazard".

2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance dogs not apply on any basis to
any person or organization for which coverage
as an additional inured specifically is added by
another endorsemEmt to this policy.
b. This insurance does not apply to the rendering
of or failure to render any " professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenset, Limits of Insurance.

3. The following is adder! to SECTION III H. 2. Other
Insurance — COMM7JN POLICY CONDITIONS
BUT APPLICABLE _ONLY TO SECTION II —

LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non- contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The " bodily injury" or " property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The " personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.

4. The following is added to SECTION III K. 2.

Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS ( BUT
APPLICABLE TO ONLY TO SECTION 11 —

LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for " bodily injury", " property
damage" or " personal and advertising injury" arising
out of " your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the " bodily
injury" or "property damage" occurs, or the " personal
and advertising injury" offense is committed.

ALL OTI:IER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PPB 304 02 12 Page 1 of 1

Redondo Beach City CouncilMarch 18, 2025

Redondo Beach City Council
March 18, 2025