Richmond City Council
October 18, 2022

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

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11/12/2020
McClatchy Insurance Agency
License #0724020
2410 Fair Oaks Blvd, Suite 140
Sacramento CA 95825
Kimberley Maxwell
(916) 488-4702 (916) 488-2336
[email protected]
R3 Consulting Group, Inc.
1512 Eureka Road, Ste 220
Roseville CA 95661
Sentinel Insurance Company, Limited 11000
Hartford Accident & Indemnity 22357
Hartford Property & Casualty 34690
Philadelphia Indemnity Insurance Company 18058
CL20111216583
A Y 57SBAAT6312 11/27/2020 11/27/2021
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
B Y 57UECFM1071 11/27/2020 11/27/2021
1,000,000
Medical payments 10,000
A
10,000
57SBAAT6312 11/27/2020 11/27/2021
2,000,000
2,000,000
C Y Y 57WBCNP9192 07/01/2020 07/01/2021 1,000,000
1,000,000
1,000,000
D Professional Liability-Each Claim
Professional Liability-Annual Aggregate PHSD1586478 12/15/2020 12/15/2021 $2,000,000 incl Claim Expens
$3,000,000 incl Claim Expens
$5,000 Deductible per Claim
[Job #: Job Type: New Project 2018]
RE: Consulting services (Additional Insured with written contract or agreement).

The City of Richmond, its officers, officials, employees, agents and volunteers are included as Additional Insured with respects to General Liability, per attached Additional Insured form-- SS 00 08 04 05 and Business Auto Liability, per attached form--HA 99 16 03 12. Insurance is primary and non-contributory. Worker's Compensation Waiver of Subrogation applies, per attached form (WC 04 03 06).

City of Richmond
450 Civic Center Plaza
Richmond CA 94804

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No): FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
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Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.

A. COVERAGES

1. BUSINESS LIABILITY COVERAGE (BODILY

INJURY, PROPERTY DAMAGE, PERSONAL

AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.

We may, at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section D. -
Liability And Medical Expenses Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property
damage" only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period; and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. – Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2) To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section
C. – Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;
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BUSINESS LIABILITY COVERAGE FORM

(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".

2. MEDICAL EXPENSES
Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral
services.

3. COVERAGE EXTENSION -

SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4) All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings
up to $500 a day because of time off
from work.
(5) All costs taxed against the insured in
the "suit".
(6) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
(7) All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.

Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.

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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 3 of 24
b. If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met:
(1) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
(2) This insurance applies to such liability
assumed by the insured;
(3) The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4) The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
(5) The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
(6) The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b) Provides us with written
authorization to:
(i) Obtain records and other
information related to the
"suit"; and
(ii) Conduct and control the
defense of the indemnitee in
such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.

Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. –
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.

Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(2) The conditions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.

B. EXCLUSIONS

1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
(2) "Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to liability
for damages because of:
(a) "Bodily injury", "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
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BUSINESS LIABILITY COVERAGE FORM

(b) "Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
"bodily injury" or "property damage"
provided:
(i) Liability to such party for, or for
the cost of, that party’s defense
has also been assumed in the
same "insured contract", and
(ii) Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.

This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer’s Liability
"Bodily injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured’s business, or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1) above.

This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.

However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
(ii) "Bodily injury" or "property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or
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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 5 of 24
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b) At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
(c) Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured’s behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a) Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".

However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM

g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.

This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge;
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
(5) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
"Bodily injury", "property damage" or
"personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5) Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 7 of 24
(8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design.

Paragraphs (4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A. - Coverages.
k. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
(2) Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.

Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D. - Limits Of Insurance.

Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.

Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators.

Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.

Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products-completed operations hazard".
l. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products-completed operations hazard".

This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or
(2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.

This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM

o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal act committed
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another’s "advertising idea" in your
"advertisement";
(5) Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of goods, products or services;
(7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.

However, this exclusion does not
apply to infringement, in your
"advertisement", of
(a) Copyright;
(b) Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
(c) Title of any literary or artistic work;
(8) Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An Internet search, access,
content or service provider.

However, this exclusion does not
apply to Paragraphs a., b. and c.
under the definition of "personal and
advertising injury" in Section G. –
Liability And Medical Expenses
Definitions.

For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
(9) Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
(10) Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.

However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
(d) Computer code, software or
programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality
of an "advertisement" or other
content on your web site;
DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 9 of 24
(13) Arising out of a violation of any antitrust law;
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
"electronic data".
r. Employment-Related Practices
"Bodily injury" or "personal and advertising
injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment-related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
person at whom any of the
employment-related practices
described in Paragraphs (a), (b), or (c)
above is directed.

This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern EMails, Fax, Phone Calls Or Other Methods Of Sending Material Or
Information
"Bodily injury", "property damage", or
"personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law; or
(3) Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.

Damage To Premises Rented To You –
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D. - Liability And Medical Expenses
Limits Of Insurance.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.

C. WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.

Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.

However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co-
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.

If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 11 of 24
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM

contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. – Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 13 of 24
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "productscompleted operations hazard". f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "productscompleted operations hazard", but only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "productscompleted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM

(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. – Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. – Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 15 of 24
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM

This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. – Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. –
Coverages.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 17 of 24
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and selfinsured amounts under all that other insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer’s share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM

F. OPTIONAL ADDITIONAL INSURED

COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:

1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.

2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.

4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.

5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) Any "occurrence" that takes place
after you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

6. Additional Insured - State Or Political
Subdivision – Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 19 of 24
Insured – State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2) "Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.

7. Additional Insured – Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
(1) This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.

8. Additional Insured – Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured –
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

BUSINESS LIABILITY COVERAGE FORM

This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

9. Additional Insured – Owners, Lessees Or
Contractors – Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "productscompleted operations hazard", but only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products-completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.

10. Additional Insured – Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured – CoOwner Of Insured Premises, but only with respect to their liability as co-owner of the
premises shown in the Declarations.

The limits of insurance that apply to additional
insureds are described in Section D. – Limits Of
Insurance.

How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. –
Liability And Medical Expenses General
Conditions.

G. LIABILITY AND MEDICAL EXPENSES

DEFINITIONS

1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.

However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.

2. "Advertising idea" means any idea for an
"advertisement".

3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4. "Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".

5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.

6. "Coverage territory" means:

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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 21 of 24
a. The United States of America (including its
territories and possessions), Puerto Rico
and Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you
in the territory described in a. above;
(2) The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.

7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.

8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.

10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.

12. "Insured contract" means:
a. A contract for a lease of premises.

However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. – Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.

Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing.

However, Paragraph f. does not include
that part of any contract or agreement:

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BUSINESS LIABILITY COVERAGE FORM

(1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
(b) Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
(2) Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1) above and supervisory,
inspection, architectural or
engineering activities.

13. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. "Leased worker" does not
include a "temporary worker".

14. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".

15. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
(1) Power cranes, shovels, loaders,
diggers or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in a., b., c., or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c., or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.

16. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

17. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 23 of 24
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your "advertisement", a
person’s or organization’s "advertising
idea" or style of "advertisement";
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.

18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

19. "Products-completed operations hazard";
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
(a) When all of the work called for in
your contract has been completed.
(b) When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
(c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.

Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.

The "bodily injury" or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rent.
b. Does not include "bodily injury" or
"property damage" arising out of:
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.

20. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.

As used in this definition, "electronic data" is
not tangible property.

21. "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury"
to which this insurance applies are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.

22. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.

23. "Volunteer worker" means a person who:
a. Is not your "employee";
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BUSINESS LIABILITY COVERAGE FORM

b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.

24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.

25. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with such work
or operations.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.

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COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.

Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.

B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.

C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.

D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.

Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.

However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and noncontributory with the additional insured's own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE

EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.

E. Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.

Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.

When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.

2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.

The OTHER INSURANCE Condition is amended
by adding the following:

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© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 If an "employee’s" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee’s" personal
insurance.

3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.

The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.

We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".

This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

5. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.

7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of

SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

8. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss",
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
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© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 (4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section III – Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c.For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.

9. EXTRA EXPENSE - BROADENED

COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

No deductible applies to glass damage if the
glass is repaired rather than replaced.

11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.

12. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

13. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.

14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -

POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

15. WAIVER OF SUBROGATION

TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.

16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION VDEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

18. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto’s
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Process Date: 05/21/20 Policy Expiration Date: 07/01/21

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WBC NP9192 Endorsement Number:

Effective Date: 07/01/20 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: R3 CONSULTING GROUP INC
1512 EUREKA RD STE 220
ROSEVILLE CA 95661
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 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
DocuSign Envelope ID: 89F66FE1-F1E9-4761-862D-B975E139A9AF DocuSign Envelope ID: 1B5C7625-A338-422D-8808-1134D853E23E

October 18, 2022
Community Development
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
SUBJECT: Contract for CORE Team for Castro Encampment
Resolution Project
FINANCIAL IMPACT: There is no fiscal impact to the General Fund related to this contract. The contract will be funded using the City’s Encampment Resolution Funding from the California
Interagency Council on Homelessness (Cal ICH).

Account string: 15061219-400201-16G07

PREVIOUS COUNCIL
ACTION:

April 5, 2022

STATEMENT OF THE
ISSUE:

The Housing Division is requesting City Council
authorization to enter into a contract with Contra Costa County Health Services Department on behalf of its
Health, Housing and Homeless Services Division for a
term beginning July 1, 2022 to December 31, 2023, for a not to exceed amount of $380,958 to provide dedicated
Coordinated Outreach Referral, Engagement (C.O.R.E.)
program staff at the Castro Encampment to be funded by
the City’s Encampment Resolution Funding received
from the California Interagency Council on
Homelessness (Cal ICH). Account string: 15061219-
400201-16G07
AGENDA
REPORT

October 18, 2022
RECOMMENDED ACTION: APPROVE a sole-source contract with Contra Costa County Health Services Department, for a term beginning July 1, 2022, to December 31, 2023, for a not to exceed amount of $380,958, to provide dedicated Coordinated
Outreach Referral Engagement (C.O.R.E.) program staff
at the Castro Encampment to be funded by the City’s
Encampment Resolution Funding received from the
California Interagency Council on Homelessness (Cal
ICH) – Community Development Department (Lina
Velasco/Jesus Morales 510-620-6649).

DISCUSSION:

In December 2021, the City applied for Encampment Resolution Funding (ERF) seeking resources from the State of California to fund a local demonstration project, which would provide services to address the immediate crisis of experiencing unsheltered homelessness in encampments; support people living in encampments onto paths to safe and stable housing; and result in sustainable restoration of public spaces to their intended uses while safeguarding the needs of unhoused people seeking shelter.

Applications were required to focus on one encampment site. City staff selected the Castro Encampment for this funding application.

On February 24, 2022, the City of Richmond was provided a notice of intent to award the ERF. The City Council accepted and appropriated the grant funds on April 5, 2022.

Summary of Castro Encampment Resolution Project
The Castro Encampment Resolution Project (CERP) will include resources to hire an ERF Project Manager who will lead management of the project and oversee the Castro Site Care Team (SCT), which will include a Site Manager, Housing Navigator, a projectspecific CORE team (comprised of an outreach specialist and social worker), and other service providers working directly with encampment residents to triage and ensure services are timely, responsive, coordinated, trauma-informed, and achieving goals and objectives.

The CERP encompasses an 18-month plan to deliver an array of supportive services to 100+ individuals currently living at the Castro vehicle encampment near Castro and Hensley Streets. The project aims to move all encampment residents into stable housing by June 2023. CERP’s goals and objectives will be met in stages that include:
1) improving living conditions at the site, 2) assessing the behavioral and health needs of residents, 3) reducing barriers to stable housing and support, and 4) providing jobrelated training. Grounded in Housing First principles, CERP is anticipated to be an innovative model whose successes—and challenges—will be continuously evaluated, so that the approach can be refined and replicated throughout the State. A third-party evaluator will be brought in to support the assessment and evaluation of the CERP.

October 18, 2022
Summary of CORE Services Contract
The Housing Division is requesting City Council authorization to enter into a contract with Contra Costa County Health Services Department on behalf of its Health, Housing and Homeless Services Division for a term beginning July 1, 2022 to December 31, 2023, for a not to exceed amount of $380,958 to provide dedicated Coordinated Outreach Referral, Engagement (C.O.R.E.) program staff at the Castro Encampment, to be funded by the City’s Encampment Resolution Funding received from the California Interagency Council on Homelessness (Cal ICH). The total full-time equivalent (FTE) staff for the contract is 2.69 and include 1 FTE Clinical Case Manager and 1 FTE Lead Outreach Specialist. The other FTEs funded are to cover the cost of supervising staff and providing for overtime, double-time, and relief staff when needed. In addition, the budget provides vehicle costs, and other related employee expenditures.

C.O.R.E. teams serve as an entry point into Contra Costa's coordinated entry system for unsheltered persons and work to locate, engage, stabilize and house chronically homeless individuals and families. The outreach teams identify individuals living on the streets, assess their housing and service needs, and facilitate connection to shelter and services. C.O.R.E. works to engage and stabilize homeless individuals living outside through consistent outreach to facilitate and/or deliver health and basic need services and secure permanent housing.

CONCLUSION:

This contract supports the City of Richmond’s implementation of the Castro Encampment Resolution Project and will help ensure residents at Castro are connected with the County’s coordinated entry system for unsheltered persons and work to locate, engage, stabilize, and house chronically homeless individuals and families. The work of C.O.R.E. will be supplemented by other services provider contracts to be approved by the City Council.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Sole Source Form

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] ,
[ ] other [specify:]

2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

By:

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

By:

By: Title:

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

Team Name: K - Richmond CF
Contract Term (mm/dd/yyyy): 7/1/2022 - 6/30/2023
Funding source(s)
Annual
Total
Funding Amount 75,000 228,972
Option Code(s)
CFDA Number
Federal, State, or Local Funding Local State
Position Titles FTE Salaries FTE Salaries FTE
Program Manager 0.09 - - 7,080 0.09 7,080
Coordinator 0.25 - - 17,477 0.25 17,477
Lead Outreach Specialist 1.00 - - 49,920 1.00 49,920
Relief staff 0.15 - - 5,736 0.15 5,736
Overtime 0.04 - - 2,957 0.04 2,957
Doubletime 0.01 - - 986 0.01 986
Clinical Case Manager 1.00 47,704 0.34 24,296 0.66 72,000 Mental Health Program Supervisor 0.15 - - 21,337 - 21,337 Total FTE & Total Salaries 2.69 47,704 0.34 129,788 2.20 177,492 FT Fringe Benefits 27.50% 13,119 29,824 42,943
Heluna F&A 12.10% 7,360 16,731 24,091
Subtotal Personnel Expenses 68,182 176,343 244,525
Operating Expenses
Vehicle expenses (rental, gas, etc.) 22,181 22,181
Phone & IT Expenses - 4,040 4,040
Client Expenses (Transit tickets, water, food, emergency supplies, etc.) - 721 721 Other Costs (office supplies, employee uniforms, storage unit etc.) - 4,871 4,871 Subtotal Operating Expenses - 31,813 31,813
Subtotal Direct Expenses 68,182 208,156 276,338
Indirect Expense 10% 6,818 20,816 27,634
GRAND TOTAL COUNTY PROGRAM EXPENSES 75,000 228,972 303,972 Distribution across funding sources
28-990 Chevron
Grant via RCF
4/1/2022 -
6/30/2023
City of Richmond
Agreement/Amendment: date (mm/dd/yyyy)

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond
Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor 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 Contract.

3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, 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 Contractor.

General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the 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 Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify 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 Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor 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 Contractor shall issue

General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor 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 Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor 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 Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor 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 Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. 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 Contract.

19. Compliance with Laws. Contractor 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 Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration. This Contract 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 Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

25. 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, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

General Conditions/EJ/TE 01-19-11 11 of 13

29. 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 Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor 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 months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor 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 any 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 one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, 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 and the results of that work by the CONTRACTOR, its agents, representatives, or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE ENDORSEMENT can be found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance providing coverage during the life of this contract.

SAMPLE ENDORSEMENT can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the contractor shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

October 18, 2022
Community Development
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Hector Lopez, Senior Planner
Subject: Rezoning for a 135-unit mixed-use affordable and supportive housing development
FINANCIAL IMPACT: There is no cost to the general fund associated with adoption of this ordinance. If approved, the development would be subject to payment of development impact fees, and likely increase property tax valuation for the subject site.

PREVIOUS COUNCIL
ACTION:

October 4, 2022

STATEMENT OF THE
ISSUE:

On October 4, 2022, the City Council adopted a
Resolution adopting an Addendum to the General Plan
Environmental Impact Report (EIR) and approving a
General Plan Amendment to change the land use
designation from Public, Cultural, and Institutional to Medium Intensity Mixed-Use (Commercial Emphasis),
Major Design Review, and Density Bonus for the purpose
of requesting waivers for open space, off-street parking, and building height, and Introduced an Ordinance
approving a Rezone from PCI (Public, Cultural, and
Institutional) to CM-3 (Commercial Mixed-Use) for
construction of a new 5-story building and the conversion of a former medical building for a 135-unit affordable
housing and supportive housing development with a
10,000 square foot of commercial (“Project”) on a 2.84- acre site at 100 38th Street (“subject site”) in the Park AGENDA
REPORT

October 18, 2022
Plaza neighborhood. This is the second reading for the
Rezoning Ordinance.

RECOMMENDED ACTION: ADOPT an ordinance (second reading) approving a Zoning Map Amendment to rezone the project site at 100
38th Street from PCI, Public, Cultural, and Institutional to CM-3, Commercial Mixed-Use for a mixed-use 135-unit
affordable and supportive housing development –
Community Development Department (Lina Velasco 510-
620-6706).

BACKGROUND:

The 2.84-acre site is owned by Contra Costa County and is located at 100 38th Street, with frontage on Bissell Avenue (“Project site”). As shown in the figure below, the Project site is improved with a two-story building with surface parking along the east and rear of the building. The existing 77,000 square foot building was previously used as the West County Health Center and has been vacant for several years since it was relocated to the City of San Pablo. The Project site is bounded by the Contra Costa County Superior Courthouse on the west, a single-story commercial building on the east, BART tracks on the south, and Bissell Avenue along the north.

PROPOSAL:

As part of the project Eden Housing Inc., the applicant, requested a General Plan Amendment to modify the land use classification of the Project site from Public, Cultural,

October 18, 2022
and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), a Zoning Map Amendment to rezone the project site from PCI (Public, Cultural, and Institutional) to CM-3 Commercial Mixed-Use, Major Design Review, and a Density Bonus for the purpose of obtaining waivers for a 135-unit mixed-use affordable and supportive housing development with 10,000 square feet of commercial space (the “Project”).

On October 4, 2022, the City Council adopted a Resolution adopting an Addendum to the General Plan Environmental Impact Report (EIR) and approving a General Plan Amendment to change the land use designation from Public, Cultural, and Institutional to Medium Intensity Mixed-Use (Commercial Emphasis), Major Design Review, and Density Bonus for the purpose of requesting waivers for open space, off-street parking, and building height, and introduced an Ordinance approving a Rezone from PCI (Public, Cultural, and Institutional) to CM-3 (Commercial Mixed-Use) for construction of a new 5- story building and the conversion of a former medical building for a 135-unit affordable housing and supportive housing development with a 10,000 square foot of commercial (“Project”) on a 2.84-acre site at 100 38th Street (“subject site”) in the Park Plaza neighborhood.

Project Overview
The Project is comprised of two buildings and site improvements. The existing building (Building A) is proposed to be renovated to include 59 new supportive housing units, and underground parking at the basement level. The units would range in size from studios to two-bedroom units and 58 of the 59 units (one manager unit) would be affordable to incomes between 20-40% of the Area Median Income (AMI) for Contra Costa County (CCC). The Housing Authority of Contra Costa County has also committed 26 project-based vouchers to these supportive housing units to target the deepest affordability levels. The Project also includes the construction of a five-story, 92,000 square foot building (Building B) that includes 76 affordable family-sized units.

The units would range in size from studios to 3-bedroom units and 75 of the 76 units (one manager unit) would be affordable to incomes less than 60% of the AMI for CCC.

The ground floor would include approximately 10,000 square feet of commercial space, and common spaces for residents. The new building is proposed east of the existing building and access to the site would be via a new driveway between the two buildings.

Both buildings would have solar photovoltaic (PV) panels on the roof and would be all electric buildings. The site improvements include surface parking, landscaping, lighting, and two play areas, one for the family units, and the other for the commercial space proposed to be occupied by the YMCA.

DISCUSSION:

Under the General Plan and the Zoning Ordinance, the Project site was designated as Public, Cultural, and Institutional (PCI). This land use classification includes public, semi-public and educational uses such as civic facilities, community centers, libraries, museums, national park facilities, hospitals, and schools. Residential uses are not permitted in this land use classification and zoning district; therefore, a General Plan

October 18, 2022
Amendment and Rezoning are needed to allow a mixed-use project.

The applicant seeks a Zoning Map Amendment to rezone the project site from PCI (Public, Cultural, and Institutional) to CM-3, Commercial Mixed-Use (see Exhibit A of Attachment 1).

As shown in the zoning figure below, the Project site is zoned PCI; however, the adjacent properties to the north and east are zoned CM-3. The proposed land use classification and zoning designation sought by the applicant is consistent with the surrounding properties and would not be deemed spot zoning.

General Plan Consistency
The Project is consistent with the General Plan vision, which identifies Macdonald Avenue and the surrounding properties as an active, pedestrian-friendly, mixed-use corridor, including commercial, residential, and open space that serves the entire community.

The following list highlights a selection of the General Plan goals and policies that the Project supports or accomplishes:
 The Project would encourage the sensitive integration of built and natural environment to develop a high-quality experience. (Goal LU 4).  The Project would meet future housing needs within City limits through redevelopment of a vacant property with mixed-use construction offering a range of housing types. (Goal LU6, Policy LU6.1).
 The project would help promote a balanced supply of housing types, densities, and prices to meet the needs of all income groups (Goal H-1) and promote the expansion of housing opportunities for all special needs groups, including PCI
CM-4

October 18, 2022
female-headed households, persons with disabilities, large families, and homeless individuals and families. (Goal H-3).
 The Project achieves a higher standard for housing design, exceeds current green building standards, and pedestrian friendly design. (Policy LU 6.5 & Goal CF3).
 The Project would include new, sustainable technology, including electric vehicle chargers and solar panels. (Goal CR 5).
 The Project would promote sustainable development patterns by creating a mixed-use community, retrofitting existing buildings, and constructing streetscape improvements. (Goal EC 4).

ENVIRONMENTAL REVIEW:

On October 4, 2022, the City Council adopted a Resolution adopting an Addendum to the General Plan Final EIR. An Environmental Initial Study/Consistency Checklist, prepared by First Carbon Solutions, dated July 13, 2022, found that the proposed project is in conformance with the analysis and conclusions of the General Plan FEIR (State Clearinghouse No. 2008-022018). The General Plan FEIR adequately anticipated and described the impacts of the proposed project, and an Addendum to the General Plan EIR was prepared. Certain mitigation measures identified in the General Plan FEIR are required to be incorporated into the project to ensure any potentially significant impacts are reduced to less than significant levels.

CONCLUSION:

The proposed development will further the objectives of the General Plan 2030 to generate jobs and economic activity within the City of Richmond while also meeting the City’s goal in achieving its Regional Housing Needs Allocation. The proposed project is compatible with the surrounding area and is consistent with the Commercial MixedUse General Plan land use classification.

DOCUMENTS ATTACHED:

Attachment 1: Draft Ordinance for Rezoning
Exhibit A: Zoning Map Existing/Proposed

1 RESOLUTION No. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

ADOPTING AN ADDENDUM TO THE GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #2008-022018) AND ASSOCIATED

MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A

GENERAL PLAN AMENDMENT, MAJOR DESIGN REVIEW, AND DENSITY BONUS FOR WAIVERS FOR A MIXED-USE 135-UNIT AFFORDABLE AND SUPPORTIVE HOUSING AND COMMERICAL DEVELOPMENT (PLN 21-023), SUBJECT TO FINDINGS AND

CONDITIONS HEREIN
WHEREAS, Eden Housing Inc., on behalf of the property owner, Contra Costa County (collectively, the “applicant”), requests approval of a General Plan Amendment to change the land use designation from Public, Cultural, and Institutional to Medium Intensity Mixed Use (Commercial Emphasis), a Zoning Map Amendment to Rezone the project site from PCI (Public, Cultural, and Institutional) to CM-3 (Commercial Mixed-Use), Major Design Review, and Density Bonus for purpose of obtaining waivers for the construction of a mixed-use development consisting of 135 affordable residential units and 10,000 square feet of commercial space (“Project”) at 100 38th Street (“subject site”), with associated site improvements including parking, landscaping, and lighting; and WHEREAS, the proposed Project is subject to the requirements of the California Environmental Quality Act, as amended (Public Resources Code Sections 21000-21178), and the California Environmental Quality Act Guidelines (California Code of Regulations Title 14, Chapter 3) (collectively, “CEQA”); and
WHEREAS, on April 24, 2012, the Council adopted the CEQA Findings of Fact, Statement of Significance, and Mitigation Monitoring and Reporting Program, and certified the Environmental Impact Report, for the Richmond General Plan 2030 (SCH#2008022018) (the “Richmond General Plan 2030 EIR”); and
WHEREAS, pursuant to CEQA Guidelines Section 15164, the City has prepared a proposed addendum affirming that the analysis contained in the Richmond General Plan 2030 EIR adequately addresses the potential physical impacts associated with the proposed Project (the “proposed Addendum”); and
WHEREAS, the proposed Addendum demonstrates that none of the conditions described in CEQA Guidelines Section 15162 requiring the preparation of a subsequent EIR or negative declaration have occurred; and
WHEREAS, on July 27, 2022, the Design Review Board held a public hearing to consider a recommendation to the Planning Commission of the design and Density Bonus waiver of the Project and voted to recommend approval with conditions; and WHEREAS, on August 18, 2022, the Planning Commission (the “Commission”) held a public hearing to consider recommending adoption of the Addendum to the General Plan FEIR with associated Mitigation Monitoring and Reporting Program (MMRP), and approving a

2 General Plan Amendment, Rezoning, Design Review, and Density Bonus waivers for the Project; and
WHEREAS, the Commission adopted Planning Commission Resolution No. 22-10 recommending Council adoption of the Addendum to the General Plan FEIR with associated MMRP, and approving a General Plan Amendment, Rezoning, Design Review, and Density Bonus waivers for the Project, subject to conditions; and WHEREAS, on October 4, 2022, the Council held a duly noticed public hearing to consider adoption of the Addendum to the General Plan FEIR with associated MMRP, and approving a General Plan Amendment, Rezoning, Design Review, and Density Bonus waivers for the Project; and
WHEREAS, the City Council has considered the agenda report, all public comments, and the proposed Project materials, as set forth in this Resolution and the applicable provisions of the Richmond Municipal Code (“the Record”).

NOW THEREFORE BE IT RESOLVED, that the City Council hereby adopts the Addendum to the General Plan FEIR, attached as Exhibit A, and incorporated herein by reference based on the following findings:
1) Based on the analysis and documentation in the Addendum and the supportive environmental checklist prepared for the proposed project, none of the situations described in CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15163 apply here. Based on the results of the supportive environmental checklist, the City has concluded that the proposed project would not result in new significant adverse impacts nor an increase in the severity of impacts identified and studied in the certified General Plan Update EIR. None of the conditions requiring a supplemental or subsequent EIR exists and the Addendum has been prepared in compliance with CEQA; and
2) The Addendum has been prepared in accordance with CEQA, and the CEQA Guidelines; and
3) The Addendum has been presented to the City who has reviewed and considered the information in the Addendum and certified General Plan Update FEIR prior to approving the Project; and
4) The Addendum and the certified General Plan FEIR reflect the City’s independent judgment and analysis.

BE IT FURTHER RESOLVED that the City Council approves the proposed General Plan Amendment to modify the land use classification from Public, Civic, and Institutional to Medium Intensity Mixed-Use (Commercial Emphasis) as specified in Exhibit C, based on the following findings:

A. The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.

3 Supporting Statement of Fact: Satisfied. The project is a mixed-use development consisting of 135 affordable units with 10,000 square feet development with associated site improvements including parking, landscaping, and lighting that will further the objectives of the General Plan 2030 to generate jobs and economic activity within the City of Richmond while also meeting the City’s goals of increasing the number of affordable housing units.

Existing land uses surrounding the site comprise predominantly civic, commercial, and residential uses consistent with the proposed development. The project will establish a new residential community and include improvements that will enhance the area by activating a vacant building. As illustrated in Exhibit C, the existing land use classification of the site is PCI, Public, Cultural and Institutional. The proposed General Plan land use classification of Medium Intensity Mixed-Use (Commercial Emphasis) is consistent with the surrounding mixed-use land use designations in the area.

B. The proposal is consistent with the General Plan goals unless the goals themselves are proposed to be amended.

Supporting Statement of Fact: Satisfied. The project is consistent with the proposed CM-3, Commercial Mixed-Use District. In this zone, mixed-use, multi-family unit and commercial projects are permitted at a density range of up to 50 dwelling units per acre.

The proposed density is 47.5 dwelling units per acre, allowing up to 144 dwelling units on this 2.84 acre site.

The project is also consistent with various goals under the General Plan, such as Goal LU1 which encourages higher-density and infill mixed-use residential developments that are affordable on vacant and underutilized parcels. The project will also promote a balanced supply of housing types, densities, and prices to meet the needs of all income groups (Goal H-1) and promote the expansion of housing opportunities for all special needs groups, including female-headed households, persons with disabilities, large families, and homeless individuals and families. (Goal H-3).

C. The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless a concurrent amendment to those plans is also proposed and will result in consistency.

Supporting Statement of Fact: Satisfied. The General Plan amendment from Public Cultural Institutional to Medium Intensity Mixed-Use (Commercial Emphasis) land use classification will retain the internal consistency with the General Plan, such as the goal of improving the urban fabric by crafting development strategies that emphasize highdensity development near transit and promote diverse housing types anticipated to meet these needs of special needs populations.

D. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

4 Supporting Statement of Fact: Satisfied. The evaluation presented in the Environmental Checklist in Exhibit A explains the substantive evidence supporting a conclusion that the proposed project is within the scope of the General Plan FEIR, and therefore, an Addendum under CEQA Guidelines Section 15164 to the General Plan FEIR was prepared and MMRP will be incorporated as conditions of approval.

BE IT FURTHER RESOLVED that the City Council approves the proposed Major Design Review as specified in Exhibit D, based on the following findings:

A. The General Plan and any applicable specific plans;
Supporting Statement of Fact: Conditionally Satisfied. After the approval of the General Plan Amendment, Rezoning, Design Review and Density Bonus waivers, the proposed project will comply with all applicable development standards in the Richmond Zoning Ordinance and the General Plan.

B. Any applicable design guidelines;
Supporting Statement of Fact: There are no applicable design guidelines in this neighborhood.

C. Any approved tentative map, Use Permit, Variance, or other planning or zoning approval that the project required; and
Supporting Statement of Fact: Conditionally Satisfied. The project requires approval of a General Plan Amendment, Rezoning, and Density Bonus for the purpose of obtaining waivers. These entitlements are required to be approved by the City Council.

D. The design review criteria in Section 15.04.805.040:

The project must satisfy these criteria to the extent they apply. Criteria Met? A. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, reflects design integrity and the relationship of form and function in a coherent manner.

Yes No

B. The project design evidences a sense of place; does not overwhelm or adversely impact adjoining properties; and respects prevailing setbacks and the scale and heights of neighboring buildings and how they relate to the street.

Yes No

C. The project’s design elements, materials, signage, and landscaping are internally consistent, fully integrated with one another, and applied in a manner that is visually consistent with the proposed architectural design.

Yes No

D. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

Yes No
E. The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site. Yes No F. Landscaping is designed to be compatible with and enhance the architectural character of the buildings on site. Proposed planting materials avoid conflicts with views, lighting, and signage.

Yes No

5 Supporting Statement of Fact (A to C, E, and F): Conditionally Satisfied. The proposed building will be well-composed and balanced and will be an asset to the surrounding area. The building elevations will incorporate architectural elements, such as substantial building projections, open space court areas, and a color scheme that will embrace a contemporary style. The courtyards and open space areas would allow for a wide range of amenities for tenants, including landscaping, seating areas, ornamental trellises, and tot play areas. The units are well designed with efficient floor plans and amenities. Therefore, the project will add to the City’s overall effort to provide a variety of residential housing types.

The proposed design and characteristics of the two buildings will be compatible and enhance the urban fabric of the surrounding area. The project will provide ground floor commercial uses including Offices, Retail, and Community Assembly YMCA, which are consistent with the land uses in this area. The proposed building does not create visual impacts to persons living, working, or traveling through the neighborhood. Given that the conditions of approval will be incorporated, the project will be further design to minimize any potential impacts on adjacent properties.

Supporting Statement of Fact (D): Conditionally Satisfied. Condition of approval No.3 will ensure lighting and lighting fixtures are designed to avoid creating glare. The proposed building design supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

BE IT FURTHER RESOLVED that the City Council approves the proposed Density Bonus waivers for: 1) Open Space reduction; 2) Parking Reduction; and 3) Building Height increase and finds the requested waivers: 1) will not have an adverse impact on a property listed on the California Historical Register; 2) will not violate State and Federal law; and 3) will not result in specific adverse health or safety impact that cannot be mitigated.

BE IT FURTHER RESOLVED that the City Council does hereby adopt the Addendum to the General Plan FEIR and associated MMRP, in Exhibits A and B, and approves the General Plan Amendment, Design Review, and Density Bonus for purpose of waivers as set forth in Exhibits C and D (PLN21-023), subject to the following conditions of approval:

1. Development is to be constructed in compliance with the Project Plans in Exhibit A, attached, submitted to and date stamped July 19, 2022, by the Planning Division. Any minor modifications shall be reviewed by the Zoning Administrator who shall determine whether the modification requires additional approval.

2. All mitigation measures set forth in the Mitigation Monitoring Reporting Program (MMRP) shall be implemented by the applicant.

3. Indemnification: The Applicant agrees, on behalf of themself, their successor(s)-ininterest and assigns, to defend, indemnify, and hold harmless the City, its Council, DRB, advisory boards, officers, employees, consultants and agents (hereinafter "City") from any claim, action or proceeding (hereinafter "Proceeding") brought against the

6 City to attack, set aside, void or annul the City's actions regarding any development or land use permit, application, license, denial, approval or authorization, including, but not limited to, variances, use permits, developments plans, specific plans, general plan amendments, zoning amendments, approvals and certifications pursuant to CEQA, and/or any mitigation monitoring program, or brought against the City due to acts or omissions in any way connected to the Applicant's Original or Revised Project(s), but excluding any approvals governed by Government Code Section 66474.9. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and costs of suit, attorney’s fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by Applicant or City. If Applicant is required to defend the City as set forth above, the City shall retain the right to select the counsel who shall defend the City.

4. Inclusionary Housing and Density Bonus Law Requirements: The Project shall comply with Article 15.04.603 of the Zoning Ordinance and requirements of the State Density Bonus Law (Government Code Section 65915). Prior to issuance of a building permit, the Applicant shall enter into and record a written agreement with the City as specified in Section 15.04.603.110 restricting the affordable rents on the units.

5. The Project shall meet the requirements of Richmond Municipal Code (RMC) Chapter

12.62 by either including on-site publicly accessible art valued at one percent (1%) of the Building Development Cost or by paying an in-lieu contribution of one percent (1%) of the Building Development Cost to the City’s Public Art Project account as set forth in Section 12.62.050. Building Development Cost shall be as defined in the RMC Chapter 12.62.

6. The Project shall comply with RMC Chapter 9.64, which prohibits use of natural gas infrastructure in newly constructed buildings.

7. The Project shall be effective on the same date as the ordinance designating the new Zoning District for which the Project was approved and shall expire in five years after the effective date unless a building permit has been issued and construction diligently pursued.

8. All conditions of approval shall be written on the first page of the construction plans submitted for review and approval. All conditions of approval shall be on, at all times, all grading and construction plans, which shall be kept on the project site. It is the responsibility of the building developer to ensure that the project contractor and construction crew is aware of, and abides by, all conditions of approval.

9. Lighting installed throughout the site shall consist of pedestrian-friendly lighting at a human-scale height. Lighting shall also be consistent with International Dark-Sky Association guidelines and include any shielding necessary to limit the amount of light spill over to residential areas. LEDs shall be 3,000K maximum with warm light.

10. All new electrical line connections to the site shall be under grounded to the satisfaction of the City Engineer and Director of Community Development.

7 11. Any relocation of existing improvements or public utilities shall be accomplished under the direction of that utility company’s requirement at no expense to the City or Utility Company.

12. The applicant shall repair all damaged sidewalk, pavement, existing curb and gutter along the project frontage to the satisfaction of the Director of Community and City Engineer prior to occupancy. The applicant shall replace any damaged landscaping, or street improvements caused by the installation of utility services and construction of the project site to the satisfaction of the City Engineer and Director of Community Development.

13. Encroachment agreements shall be obtained from the Director of Engineering and Public Works for all access improvements, drains, driveways, or related improvements.

Said Agreement shall be reviewed and approved by the City Attorney as to legal form and content prior to the issuance of any building permits. The encroachment permit shall be obtained prior to issuance of the building permit.

14. A grading permit issued for the project shall be in accordance with the Excavation, Grading and Earthwork Construction Ordinance (Chapter 12.44 of the Richmond Municipal Code). Grading shall be subject to the approval of the City Engineer.

15. Fire hydrants shall be installed at locations specified by the Fire Department in compliance with City requirements.

16. An automatic fire sprinkler and auto fire alarm system shall be provided for all buildings.

Plans shall be submitted to the Fire Department for review and, if found to be acceptable, approval prior to installation.

17. Illuminated building street address numbers, and emergency vehicle access shall be provided as required by the Fire Department.

18. The color of the corrugated metal material shall be replaced by a warmer color (kynar finish, Buckskin or equal, fasteners to match color).

19. Fence detail in front shall be modified. See fence detail (#5 page L1.4) wood shall be used on both sides. Use S.S. flat head fasteners - counter sunk. Seal end grain prior to application.

20. The tree at the entry plaza shall be medium to large evergreen tree.

21. The proposed fire equipment in front of Building A shall be moved to the west corner 10 feet from the front property line to allow for landscape screening. Final location shall be approved by the Fire Department.

22. The stucco material of the wall between the lower level and second floor-level guard railing community open space shall be corrugated metal.

8 23. A traffic calming addition consisting of a 10-foot-wide raised sidewalk at the level of the adjacent sidewalks centered on the entry gates in front of building B shall be provided, subject to the approval of the Fire Department.

24. Option No.2 shall be used for the east elevation of Building B as depicted on page A302A.

25. The composite material to be Trespa, "Thermory" modified wood siding or equal.

Exhibit A: Addendum to General Plan FEIR
Exhibit B: Mitigation Monitoring and Reporting Program
Exhibit C: General Plan Amendment Map
Exhibit D: Project Plans
---------------------------------------------------------- I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Richmond at a regular meeting held on October 4, 2022 by the following vote.

Ayes:

Noes:

Absent:

Abstain:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

________________________
THOMAS K. BUTT
Mayor
Approved as to Form:
___________________________

DAVE ALESHIRE
City Attorney

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WWW.FIRSTCARBONSOLUTIONS.COM
Initial Study/Consistency Checklist and Addendum to the Richmond General Plan Final EIR
100 38th Street Project
City of Richmond, Contra Costa County, California
Prepared for:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
510.620.6706
Contact: Hector Lopez, Senior Planner
Prepared by:

FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Elizabeth Johnson, Project Manager
Date: July 13, 2022

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City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Table of Contents FirstCarbon Solutions iii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Table of Contents
Acronyms and Abbreviations............................................................................................................ v Section 1: Introduction ..................................................................................................................... 1

1.1 - CEQA Assessment......................................................................................................... 1

1.2 - Summary of Results ...................................................................................................... 1 Section 2: Project Description........................................................................................................... 3

2.1 - Project Location and Setting.......................................................................................... 3

2.2 - Project Background and Previous Environmental Review............................................... 3

2.3 - Project Description........................................................................................................ 4

2.4 - Project Comparison With Development Planned in General Plan EIR............................. 7

2.5 - Discretionary Approvals ................................................................................................ 7 Section 3: CEQA Guidelines Section 15168: Projects Consistent with Prior Environmental Documentation .................................................................................................................. 27 Section 4: Environmental Checklist................................................................................................. 29 I. Aesthetics, Light, and Glare....................................................................................... 30 II. Agricultural and Forest Resources............................................................................. 35 III. Air Quality ................................................................................................................ 39 IV. Biological Resources ................................................................................................. 65 V. Cultural and Tribal Cultural Resources....................................................................... 76 VI. Geology, Seismicity, and Soils.................................................................................... 83 VII. Greenhouse Gas Emissions and Energy ..................................................................... 90 VIII. Hazards and Hazardous Materials........................................................................... 106 IX. Hydrology and Water Quality.................................................................................. 112 X. Land Use and Planning............................................................................................ 119 XI. Mineral Resources.................................................................................................. 125 XII. Noise...................................................................................................................... 127 XIII. Population and Housing.......................................................................................... 138 XIV. Public Services........................................................................................................ 141 XV. Recreation .............................................................................................................. 145 XVI. Transportation........................................................................................................ 147 XVII. Utilities and Service Systems................................................................................... 152 XVIII. Wildfire .................................................................................................................. 157 Section 5: List of Preparers........................................................................................................... 165 Richmond General Plan Mitigation Monitoring and Reporting Program Air Quality, Greenhouse Gas Emissions, and Energy Supporting Information Biological Resources Assessment Supporting Information
Cultural Resources Supporting Information
Geology and Soils Supporting Information
Hazards and Hazardous Materials Supporting Information
Noise Supporting Information
Traffic Supporting Information

City of Richmond–100 38th Street Project
Table of Contents Initial Study/Consistency Checklist and Addendum iv FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx List of Tables
Table 1: Comparison of Land Use Designation on the Project Site under the General Plan EIR and Proposed Project................................................................................................7 Table 2: Project Consistency with Applicable Clean Air Plan Control Measures.................................42 Table 3: Preliminary Construction Schedule .....................................................................................47 Table 4: Construction Emissions (Unmitigated Average Daily Rate)...................................................48 Table 5: Average Daily Operational Emissions (Unmitigated)............................................................49 Table 6: Annual Operational Emissions (Unmitigated)......................................................................50 Table 7: Project DPM Construction Emissions ..................................................................................54 Table 8: Estimated Health Risks and Hazards during Project Construction—Unmitigated..................56 Table 9: Estimated Health Risks and Hazards during Project Construction—Unmitigated..................57 Table 10: Summary of the Cumulative Health Impacts at the MIR during Construction ....................59 Table 11: Odor Screening Distances .................................................................................................62 Table 12: Construction GHG Emissions.............................................................................................92 Table 13: Operational GHG Emissions..............................................................................................93 Table 14: Consistency with the Richmond CAP.................................................................................95 Table 15: Consistency with SB 32 2017 Scoping Plan Update............................................................96 Table 16: Existing Traffic Noise Levels Summary .............................................................................123 Table 17: Traffic Noise Model Results Summary .............................................................................133 Table 18: Trip Generation Summary...............................................................................................148 List of Exhibits
Exhibit 1: Regional Location Map.......................................................................................................9 Exhibit 2: Local Vicinity Map ............................................................................................................11 Exhibit 3: Site Photographs..............................................................................................................13 Exhibit 4: Site Plan...........................................................................................................................15 Exhibit 5: Proposed Elevations of Building A ....................................................................................17 Exhibit 6: Proposed Elevations of Building B.....................................................................................19 Exhibit 7: Proposed Renderings Looking East ...................................................................................21 Exhibit 8: Proposed Renderings Looking South.................................................................................23 Exhibit 9: Preliminary Landscape Plan..............................................................................................25 Exhibit 10: CNDDB Special-status Species Occurrences (5-mile radius).............................................69

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Acronyms and Abbreviations FirstCarbon Solutions v Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx

ACRONYMS AND ABBREVIATIONS
µg/m3 micrograms per cubic meter
°F degrees Fahrenheit
°C degrees Celsius (Centigrade)
AB Assembly Bill
ABAG Association of Bay Area Governments
ACT Advanced Clean Truck
ACTM Airborne Toxics Control Measure
ADA Americans with Disabilities Act
ADT Average Daily Traffic
AEMOD American Meteorological Society/EPA Regulatory Model ALUP Airport Land Use Plan
APN Assessor’s Parcel Number
ARB California Air Resources Board
AST above ground storage tank
AQP Air Quality Plan
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit
BERD California Built Environment Resource Directory
BGS below ground surface
BIOS 5 Biogeographic Information and Observation System BMP Best Management Practice
CalEEMod California Emissions Estimator Model
CAL FIRE California Department of Forestry and Fire Protection CALGreen California Green Building Standards Code
CalRecycle California Department of Resources Recycling and Recovery Caltrans California Department of Transportation
CAP Climate Action Plan
CARE Community Air Risk Evaluation
CASQA California Stormwater Quality Association
CBC California Building Standards Code
CCTA Contra Costa Transportation Authority
CDFW California Department of Fish and Wildlife
CEC California Energy Commission
CEQA California Environmental Quality Act
CIWMB California Integrated Waste Management Board

City of Richmond–100 38th Street Project
Acronyms and Abbreviations Initial Study/Consistency Checklist and Addendum vi FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CNPSEI California Native Plant Society Electronic Inventory CO carbon monoxide
CPT Cone Penetration Test
CRHR California Register of Historical Resources
CWS Community Warning System
dBA A-weighted decibel
dB decibel
DPM diesel particulate matter
DTSC California Department of Toxic Substances Control
EBMUD East Bay Municipal Utility District
EIR Environmental Impact Report
EMFAC Emissions Factors mobile source emissions model
EPA United States Environmental Protection Agency
ESA Environmental Site Assessment
ESL Environmental Screening Level
FAR floor area ratio
FCS FirstCarbon Solutions
FEIR Final Environmental Impact Report
FEMA Federal Emergency Management Agency
FHSZ Fire Hazard Severity Zone
FMMP Farmland Mapping and Monitoring Program
FTA Federal Transit Administration
GHG greenhouse gas
GIS Geographic Information System
GPA General Plan Amendment
HCP Habitat Conservation Plan
HRE Historic Resource Evaluation
HVAC heating, ventilation, and air conditioning
in/sec inches per second
IPaC Information for Planning and Consultation
IS/MND Initial Study/Mitigated Negative Declaration
ITE Institute of Transportation Engineers
IW Water-Related Industrial
LCFS low carbon fuel standard
Ldn day-night average sound level

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Acronyms and Abbreviations FirstCarbon Solutions vii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Leq equivalent sound level
Lmax maximum sound level
LOS Level of Service
LRA Local Responsibility Area
LUST Leaking Underground Storage Tank
MBTA Migratory Bird Treaty Act
MCL maximum contaminant level
mgd million gallons per day
MIR Maximally Impacted Sensitive Receptor
MMRP Mitigation Monitoring and Reporting Program
mph miles per hour
MRP Municipal Regional Permit
MRZ Mineral Resource Zone
MTC Metropolitan Transportation Commission
MTSO Multimodal Transportation Service Objectives
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NCCP Natural Community Conservation Plan
NFHL National Flood Hazard Layer
NOx oxides of nitrogen
NOAA National Oceanic and Atmospheric Administration
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
NTWS United States National Tsunami Warning Center
NWIC Northwest Information Center
OEHHA California Office of Environmental Health Hazard Assessment OES Office of Emergency Services
OHP California Office of Historic Preservation
OPR Governor’s Office of Planning and Research
PCI Public, Cultural, and Institutional
PG&E Pacific Gas and Electric Company
PM2.5 particulate matter less than 2.5 microns in diameter PM10 particulate matter less than 10 microns in diameter PPV peak particle velocity
PV photovoltaic
REC recognized environmental concern
RecycleMore West Contra Costa Integrated Waste Management Authority RFD Richmond Fire Department

City of Richmond–100 38th Street Project
Acronyms and Abbreviations Initial Study/Consistency Checklist and Addendum viii FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx REL Reference Exposure Level
ROG reactive organic gases
RPS Renewable Portfolio Standard
RWQCB Regional Water Quality Control Board
SB Senate Bill
SLF Sacred Lands File
SMARA Surface Mining and Reclamation Act
SMP Site Management Plan
SRA State Responsibility Area
SSMM start-up, shutdown, maintenance, and malfunction
State Water Board California State Water Resources Control Board SWPPP Storm Water Pollution Prevention Plan
TAC toxic air contaminant
TCR Tribal Cultural Resources
TDM Transportation Demand Management
TIA Traffic Impact Analysis
TPH Total Petroleum Hydrocarbons
USDA United States Department of Agriculture
USFWS United States Fish and Wildlife Service
UST underground storage tank
UWMP Urban Water Management Plan
VHFSZ Very High Fire Severity Zone
VMT Vehicle Miles Traveled
VOC volatile organic compound
WCCTAC West Contra Costa Transportation Advisory Commission WCCUSD West Contra Costa Unified School District
WTP Water Treatment Plant
WWTP Wastewater Treatment Plant
ZEV Zero-Emission Vehicle

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Introduction FirstCarbon Solutions 1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 1: INTRODUCTION
This Initial Study, Consistency Checklist, Addendum, and attached supporting documents have been prepared to determine whether and to what extent the Richmond General Plan 2030 Final Environmental Impact Report (General Plan FEIR, State Clearinghouse No. 2008022018) prepared for the City of Richmond remains sufficient to address the potential impacts of the proposed 100 38th Street Project (proposed project), or whether additional documentation is required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC], § 21000, et seq.).

1.1 - CEQA Assessment
The following Environmental Checklist has been prepared pursuant to CEQA Guidelines Section 15162 (Subsequent Environmental Impact Reports [EIRs] and Negative Declarations) and 15168 (Projects Consistent with Program EIR) to determine whether substantial evidence indicates the proposed project requires additional environmental review. The proposed project would make modifications to the Richmond General Plan as compared with the version analyzed in the General Plan FEIR, and this Environmental Checklist also serves as an addendum to the General Plan FEIR pursuant to CEQA Guidelines Section 15164 (Addendum to an EIR or Negative Declaration) that documents the changes necessary and provides evidence in support of the conclusion that none of the conditions triggering additional environmental review have occurred.

1.2 - Summary of Results
As illustrated by the following Environmental Checklist, none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. This determination is based on the following criteria:

1. There are no substantial changes in the proposed project that will require major revisions of the Richmond General Plan 2030 FEIR;

2. There are no substantial changes with respect to the circumstances under which the project will be undertaken that require major revisions of the General Plan FEIR;

3. There is no new information of substantial important, that was not known and could not have been know, that shows a new or more severe impact than analyzed in the General Plan FEIR, and

4. There are no mitigation measures or alternatives that would substantially reduce project impacts, but that the project proponent declines to adopt.

The evaluation presented in this Environmental Checklist explains the substantial evidence supporting a conclusion that the proposed project is within the scope of the General Plan FEIR, and that no further CEQA documentation is required beyond this Environmental Checklist, which serves as an Addendum under CEQA Guidelines Section 15164.

The General Plan FEIR is available at:

City of Richmond–100 38th Street Project
Introduction Initial Study/Consistency Checklist and Addendum 2 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx City of Richmond
City Hall
450 Civic Center Plaza
Richmond, CA 94804
http://www.ci.richmond.ca.us/2608/General-Plan-2030

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Project Description FirstCarbon Solutions 3 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 2: PROJECT DESCRIPTION

2.1 - Project Location and Setting

2.1.1 - Project Location
The proposed 3.1-acre project site is located at 100 38th Street in the City of Richmond, Contra Costa County, California (APN 517-340-004) as shown on Exhibit 1 and Exhibit 2. The project site is within the grounds of the Contra Costa County (Richmond) Superior Court Complex (Court Complex). The project site is bounded by the County Superior Courthouse (west), Bissell Avenue (north), a commercial building (east), and the Bay Area Rapid Transit (BART) tracks (south). The project site is located on the Richmond, California United States Geological Survey (USGS) 7.5-minute Topographic Quadrangle Map, Township 1 North, Range 5 West, Unsectioned (Latitude 37° 55’ 56” North; Longitude 122° 19’ 59” West).

2.1.2 - Existing Development and Land Use Activities
The project site contains a decommissioned 2-story public office building, built in 1966 with a basement and a surface parking lot, and a shared plaza with the Court Complex to the west. The building was previously occupied by the Contra Costa County Health Department. Site photos (Exhibit 3) show the existing building on the site and shows the relationship of the existing building to the Court Complex and surroundings.

2.1.3 - General Plan and Zoning Designations
The project site is designated “Public, Cultural and Institutional” by the City of Richmond General Plan and is zoned “Public, Cultural, and Institutional (PCI)” by the Richmond Zoning Ordinance.

2.2 - Project Background and Previous Environmental Review

2.2.1 - General Plan
The General Plan’s goals and policies represent the City’s overall philosophy on public and private development and provide a foundation for public and private decision-making on related issues. The General Plan provides a framework for development that dictates decisions on how to grow, provide public services and facilities, and protect and enhance the environment. Pursuant to California law (Government Code § 65300) the General Plan is comprehensive, internally consistent, and long range. The General Plan was adopted by the Richmond City Council in 2012. As described above, the project site was designated “Public, Cultural and Institutional” as part of the General Plan.

The General Plan would guide development for the entire City, with the majority of development planned within 16 proposed change areas, in which it is anticipated that there will be new uses, development, and redevelopment. These change areas were determined to be the most suitable for a shift in intended use as compared to existing conditions because many of the change areas are underutilized, have incompatible land uses, high potential for redevelopment, or are inconsistent with current community priorities.

City of Richmond–100 38th Street Project
Project Description Initial Study/Consistency Checklist and Addendum 4 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx

2.2.2 - General Plan Environmental Impact Report
The Richmond General Plan Draft Environmental Impact Report (Draft EIR), dated February 2011, was circulated for 45-day public review period in February 2011. Significant, unavoidable impacts to air quality, climate change, cultural resources, noise, public utilities, transportation and circulation, and visual resources were identified in the Draft EIR. A Final EIR was circulated that provided additional mitigation measures to eliminate the significant and unavoidable impacts identified in the Draft EIR, and was certified with adoption of a Mitigation Monitoring and Reporting Program (MMRP) on April 24, 2012. These mitigation measures are listed in Appendix A, Richmond General Plan MMRP.

2.3 - Project Description

2.3.1 - Development Summary
The project applicant, Eden Housing, is proposing to reuse the existing building and build an adjacent 5-story building, in order to develop 135 new affordable multi-family homes along with on-site offices for support staff, and an approximately 8,800 square foot daycare center on the project site.

The proposed development site plan is shown in Exhibit 4, including the existing building (Building A) and the proposed new building (Building B). The proposed project would require a General Plan Amendment (GPA) to change the land use designation to Medium-Intensity Mixed-use (Commercial Emphasis) and a zoning amendment to change the zoning to Commercial Mixed Use, Commercial Emphasis (CM-3). The project site is currently owned by Contra Costa County, which previously developed and used the project site for the West County Health Center. Although the structure remains on the project site, the County no longer intends to use the facility and is interested in redeveloping the site.

The proposed project would redevelop the existing building (“Building A”) into 59 units, with a mix of 30 studio apartments, 28 one-bedroom apartments, and one two-bedroom apartment for an on-site manager. The renovations to the building would include the creation of an interior courtyard and the addition of parking in the basement level. Exhibit 5 provides elevations of the building with the proposed renovations. The new 5-story building (“Building B”) would be located directly east of the existing building and would provide a total of 76 units: nine studios, 26 one-bedroom apartments, 20 two-bedroom apartments and 21 three-bedroom apartments. Building B would also provide 8,797 square feet of childcare space. Exhibit 6 shows the proposed elevations for Building B. The project would result in a total of 39 studios, 54 one-bedroom apartments, 21 two-bedroom apartments, and 21 three-bedroom apartments, for a total of 135 new multi-family units.

As a 100 percent affordable housing development, the proposed project is eligible for up to four incentives/concessions, unlimited waivers, and an automatic parking reduction under the State Density Bonus Law (Government Code § 65915).

Under the State Density Bonus Law, the City is precluded from applying any development standards that physically preclude the development of a project that qualifies for a density bonus. Because a portion of the proposed project involves the adaptive reuse of the former West County Health

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Project Description FirstCarbon Solutions 5 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Center, the remainder of the project site would be developed with more intensive uses to reach the density to which the proposed project is entitled. To accommodate the proposed density and configuration of the proposed project, it would be necessary to waive the generally applicable height limitation and building length maximum. Exhibits 5 and 6 illustrate the proposed height and length required to achieve the allowed density for the site, pursuant to State law.

2.3.2 - Design and Appearance
In addition to the interior courtyard in Building A, the existing surface parking lot perpendicular to the existing building, fronting on Bissell Avenue, would be converted to a plaza consisting of both hardscape and softscape. This plaza would provide for both active and passive use by new resident, the new commercial tenant, childcare families, and existing County court employees and visitors. The existing plaza between Building A and the County Superior Court building would be improved. The plazas and open spaces also would provide public art, satisfying the City of Richmond public art requirement.

2.3.3 - Landscaping (to be completed after design review) Extensive landscaping is proposed for the new plaza, the existing plaza, and the existing parking lots, as well around each building. Planters in the parking lot and around the buildings would provide stormwater drainage and bioretention, with a mix of rushes, sedge, yarrow and penstemon. Exhibit 9 shows the preliminary landscape plan with proposed courtyard improvements and the location of the landscaped interior courtyard. An interior courtyard garden is proposed for Building A.

2.3.4 - Circulation
Vehicular Circulation
Vehicles would enter the site from 37th Street via an existing driveway shared with the Court Complex. Entrance to the underground parking in Building A would be from the south parking lot.

Pedestrian Access
Pedestrian access to both buildings would be primarily from Bissell Avenue. Parking for residents and staff would be provided in the bottom of Building A, and in the parking lot on the south side of the two proposed buildings.

2.3.5 - Parking
Thirty parking spaces would be provided in the underground parking structure in Building A. Eightyone spaces would be provided in the surface lot on the south side of the project site. Parking areas would be accessed from 37th Street or Bissel Avenue via a shared driveway with the Court Complex.

2.3.6 - Utilities
Water and Wastewater
The proposed project would utilize the existing water and sanitary sewer lines in Bissell Avenue and 39th Street, which extend through the site to serve the existing building.

City of Richmond–100 38th Street Project
Project Description Initial Study/Consistency Checklist and Addendum 6 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Storm Drainage
Storm drainage would be collected in bioretention treatment areas before being routing off the site through connections to existing storm drains in the parking lot, Bissell Avenue, and 39th Street. New surfacing for the existing plaza and the new plazas, as well as hardscaping around the two buildings, would utilize pervious paving and bioretention basins, when possible, to reduce the amount of runoff.

Natural Gas and Electricity
Electricity would be provided by Pacific Gas and Electric Company (PG&E). Richmond Ordinance No. 06-20 NS requires all newly constructed buildings to be “all electric.” The proposed project would be all electric, so natural gas would not be provided.

Phasing and Construction
Construction of the proposed project is expected to start in September 2023 and to conclude in July 2025 with a total of 500 workdays. Demolition will start at the beginning of September 2023 and continue through the end of October 2023. The construction schedule would be phased as described below for each building:

Building A
Building A construction/renovation would begin after Demolition has concluded in October 2023 and would conclude in July of 2025
• Building A Building Construction (Renovation) – October 2023 through June 2025 • Building A Architectural Coating (Renovation) – June 2025 through July 2025 Building B
Building B construction would begin at the beginning of September 2023 and would conclude in February 2025.
• Building B Site Preparation–September 2023
• Building B Grading–September 2023 through October 2023 • Building B Building Construction–October 2023 through December 2024 • Building B Paving–December 2024 through January 2025
• Building B Architectural Coating–January 2025 through February 2025 As described above, Building A renovation would occur concurrently with the construction of Building B.

Construction activities would include site grading and earthmoving activities as well as the operation of off-road construction equipment and on-road construction vehicles, vendor trucks, and haul trucks. Air Quality and Noise impacts from construction are further discussed Section III, Air Quality, and Section XII, Noise.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Project Description FirstCarbon Solutions 7 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx

2.4 - Project Comparison With Development Planned in General Plan EIR As discussed previously, the General Plan includes 16 change areas, where most of the substantial changes are expected to occur. The project site is located within Change Area 1, the Downtown/Macdonald Avenue, which includes the Civic Center, the Richmond BART/Amtrak Station, Kaiser Permanente Hospital, a number of historic buildings, and many public and cultural facilities.

The project site is currently designated as Public, Cultural, and Institution and would require a GPA to allow for the proposed project, changing the designation to Medium Intensity Mixed-Use (Commercial Emphasis). Table 1 below shows the acreage for each of these land use designations for change areas that would be developed under the General Plan EIR and the proposed project.

Table 1: Comparison of Land Use Designation on the Project Site under the General Plan EIR and Proposed Project
Land Use Designation
Proposed Acreage in
General Plan EIR Change
Areas
Proposed Change
in Acreage with
Proposed Project
Change Areas Acreage with
Proposed Project
Medium Density Mixed-Use
(Commercial Emphasis) 290.17 +3.1 293.27
Public, Cultural, and Institutional 51.01 -3.1 47.91
Total 341.18 3.1 341.18

2.5 - Discretionary Approvals
A GPA is required to change the designation of the site from “Public, Cultural and Institutional” to “Medium-Intensity Mixed-Use (Commercial Emphasis).” Altogether, the following permits are required:
• GPA amendment to Medium Intensity Mixed-Use (Commercial Emphasis) • Zoning amendment to CM-3
• Design Review Permit
• Conditional Use Permit
• Lot Line adjustment

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12 29
37 4
24 680
116
780
Carquinez Strait
Sonoma County
Marin
County
Contra Costa County
80 80
37 Napa County
Solano County
580
80 Benicia
Vallejo
San Rafael San Anselmo
Mill Valley
Richmond
San Pablo
Pinole
Hercules
Martinez
Pleasant Hill
Lafayette
Orinda
El Cerrito
Albany
Berkeley
San Francisco
Moraga
Piedmont
Castro Valley
Oakland
Alameda
San Lorenzo
San Leandro
Daly City
South San
Francisco
Napa River
Exhibit 1
Regional Location Map
5 2.5 0 5
Miles
Text
Project Site
Source: Census 2000 Data, The California Spatial Information Library (CaSIL).

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
21210021 • 07/2021 | 1_regional.mxd
Project Site
101
San Francisco County
San Mateo County
Alameda County

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21210021 •08/2021 | 2_local_vicinity.mxd
Exhibit 2
Local Vicinity Map
Source: Bing Aerial Imagery.

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
1,400 700 0 1,400
Feet
Legend
Project Site

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21210021 • 08/2021 | 3_Site_Photos.cdr
Exhibit 3
Site Photographs

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 11/19/2020.

I

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21210021 • 07/2022 | 4_Site_Plan.cdr
Exhibit 4
Site Plan

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022. I
Project Site

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21210021 • 07/2022 | 5_proposed_elev
ations_bldgA.cdr
Exhibit 5
Proposed Elevations of Building A

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

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21210021 • 07/2022 | 6_proposed_elev
ations_bldgB.cdr
Exhibit 6
Proposed Elevations of Building B

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

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21210021 • 07/2022 | 7_Proposed Renderings Looking East.cdr Exhibit 7
Rendering of Proposed Project, Looking East along Bissell Avenue

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

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21210021 • 07/2022 | 8_Proposed Renderings Looking South.cdr Exhibit 8
Rendering of Proposed Project, Looking South from Bissell Avenue

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: BAR Architects, 06/06/2022.

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21210021 • 07/2022 | 9_Preliminary Landscape Plan.cdr
Exhibit 9
Preliminary Landscape Plan

CITY OF RICHMOND
100 38TH STREET PROJECT

INITIAL STUDY/CHECKLIST
Source: JETT Landscape Architects + Design, 06/06/2022. I

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City of Richmond–100 38th Street Project CEQA Guidelines Section 15168: Projects Consistent Initial Study/Consistency Checklist and Addendum with Prior Environmental Documentation FirstCarbon Solutions 27 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 3: CEQA GUIDELINES SECTION 15168: PROJECTS CONSISTENT

WITH PRIOR ENVIRONMENTAL DOCUMENTATION

3.1.1 - CEQA Guidelines Sections 15168 and 15164
Pursuant to CEQA Guidelines Section 15168, later activities that fit within the scope of a certified program EIR are properly examined in light of the analysis in the prior EIR to determine whether an additional environmental document must be prepared. As discussed below, CEQA instructs agencies to review later activities under the framework of Public Resources Code Section 21166 and State CEQA Guidelines Section 15162. Generally, no subsequent or supplemental environmental review is required unless new or more severe significant impact is caused by a change in the project or a changed circumstance or significant new information that could not have been known when the EIR was prepared becomes available.

When only minor changes have occurred or are proposed following the certification of a final EIR, but none of the conditions requiring subsequent environmental review are triggered, such changes shall be documented in an addendum to the EIR pursuant to CEQA Guidelines Section 15164. As with the evaluation for consistency with a program EIR, CEQA provides that an addendum may be prepared when none of the conditions describes in Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 have occurred.

CEQA suggests that lead agencies use checklists or similar mechanisms to conduct this analysis. An additional environmental document is not required unless the later activity: (1) would have new effects not examined in the prior EIR; or (2) would require new mitigation measures not previously identified in the prior EIR. If both requirements are met, the lead agency may approve the activity as being within the scope of the project covered by the prior EIR, and no additional environmental documentation is required under CEQA Guidelines Section 15168. If subsequent environmental review is not required, the lead agency may document the proposed changes via an addendum under CEQA Guidelines Section 15164. In both cases, the lead agency shall incorporate all applicable mitigation measures and alternatives developed in the prior EIR into subsequent actions in the program.

As discussed below and throughout this checklist document, the proposed project would not result in any new effects not already examined in the General Plan FEIR, nor would the proposed project require any new mitigation measures; all applicable mitigation measures have been incorporated.

And although the project proposes changes to what was studied in the General Plan FEIR, the changes are minor, and, as documented in this Environmental Checklist, none of the conditions triggering subsequent environmental review have occurred. Therefore, the proposed project fits within the scope of the program analyzed in the General Plan FEIR and does not require any further environmental review beyond this Environmental Checklist.

CEQA Guidelines Section 15168: Projects Consistent City of Richmond–100 38th Street Project with Prior Environmental Documentation Initial Study/Consistency Checklist and Addendum 28 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx

3.1.2 - Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 Public Resources Code Section 21166 and CEQA Guidelines Section 15162(a) direct that once an EIR has been certified, no subsequent EIR shall be prepared unless the lead agency determines, based on substantial evidence, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
a) The project will have one or more significant effects not discussed in the previous EIR; b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

As described in Section 4, Environmental Checklist, none of the situations requiring the preparation of subsequent or supplemental environmental documentation are present for the proposed project.

In accordance with CEQA, Section 5 of this document analyzes the proposed project with respect to the General Plan FEIR, and demonstrates that all of the potential environmental impacts associated with the proposed project would be within the envelope of impacts already evaluated in the General Plan FEIR. The proposed project would not have any substantial changes that would result in significant environmental effects or result in a substantial increase in the severity of a previously identified impact. As demonstrated by the analysis herein, the proposed project would not result in any new additional significant impacts, nor would it substantially increase the severity of previously anticipated significant impacts. Rather, all of the impacts associated with the proposed project are within the scope of impacts addressed in the General Plan FEIR and do not constitute a new or substantially increased significant impact. Based on this determination, the proposed project does not meet the requirements for preparation of a Subsequent or Supplemental EIR or negative declaration pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162.

Accordingly, the lead agency may adopt an addendum to the prior EIR to document its decision that a subsequent environmental document is not required. State CEQA Guidelines 15164(b), (e).

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 29 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx SECTION 4: ENVIRONMENTAL CHECKLIST
The following pages of this document contain an Environmental Checklist that examines the proposed project’s potential environmental effects within the parameters in CEQA Guidelines Section 15162). The “Previous” or “Prior” FEIR used for comparison is the Richmond General Plan 2030 FEIR certified by the Richmond City Council on April 24, 2012, including all impact determinations and significance thresholds utilized therein.

In analyzing the proposed project under Public Resources Code Section 21166 and State CEQA Guidelines Section 15162, the first column of the checklist describes the conclusions from the previous EIR.

Then, the lead agency appropriately limits its analysis to discussing whether substantial evidence supports one or more of the following:
• Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects (second column of the checklist);
• Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects (third column of the checklist); or • New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
a) The project will have one or more significant effects not discussed in the previous EIR or significant effects previously examined will be substantially more severe than shown in the previous EIR (fourth column of the checklist).
b) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (fifth column of the checklist).

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 30 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New or
More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
General Plan
FEIR
Mitigation
Measures
I. Aesthetics, Light, and Glare
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse
effect on a scenic vista?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.15-1
b) Substantially damage
scenic resources,
including, but not limited
to, trees, rock
outcroppings, and historic
building within a State
Scenic Highway?
None
identified
No No No None
c) In non-urbanized areas,
substantially degrade the
existing visual character or
quality of public views of
the site and its
surroundings? (Public
views are those that are
experienced from publicly
accessible vantage point).

If the project is in an
urbanized area, would the
project conflict with
applicable zoning and
other regulations
governing scenic quality?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.15-1
d) Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area?
Less than
significant
impact with
mitigation
incorporated
No No No MM 3.15-2a
through
MM 3.15-2d
a) Scenic Vista
Would the project: Have a substantial adverse effect on a scenic vista? The General Plan FEIR concluded that various points throughout the City have views of the shoreline or the hillside that would constitute a locally recognized scenic vista or corridor. As described in the General Plan FEIR, the project site does not have views of the shoreline. Views of the East Bay hills, located approximately 2 miles to the east, are visible down Bissell Avenue.

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 31 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx The proposed project would redevelop an existing building and would also include construction of a new adjoining 5-story structure; as such, the proposed infill development would not result in a new effect to a scenic vista. Renovations to the project site would include an interior courtyard, basement parking, a new plaza with open space for public art, and extensive landscaping around each building and the parking lots. The proposed project would be consistent with applicable provisions of the General Plan including Mitigation Measure (MM) 3.15-1, and would be subject to review and approval by the Design Review Board. Impacts related to scenic vistas would be less than significant and the proposed project would not result in new or more severe adverse impacts than what was previously identified in the General Plan FEIR. No additional analysis necessary. b) State Scenic Highways
Would the project: Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State Scenic Highway? The General Plan FEIR did not identify any impacts related to scenic resources and did not identify or discuss State Scenic Highways. Therefore, no impacts were identified.

The proposed project would not have an impact on scenic highways. According to the California Department of Transportation (Caltrans), there are no Designated or Eligible State Scenic Highways within the City.1 The closest officially Eligible State Scenic Highway is a portion of State Route 24 located approximately 9 miles southeast of the project site. This condition precludes the potential for substantial damage to scenic resources within view of a State Scenic Highway. As a result, there would be no impacts related to State Scenic Highways and the proposed project would not result in new or more severe adverse impacts than what was discussed in the General Plan FEIR. No additional analysis necessary.
c) Visual Character
Would the project: In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The City is composed of several types of areas and the General Plan includes an overarching development strategy for the City that includes “stable areas,” “conservation areas,” and 16 “change areas” in which it is anticipated that there will be varying degrees of new uses, development, and redevelopment. The proposed change areas largely represent areas that are underutilized, have incompatible land uses, high potential for redevelopment, or are inconsistent with current community goals and priorities. The General Plan FEIR concluded that, to the extent that development would occur in the “stable areas,” it would remain generally consistent with existing land use types, which would result in similar visual characteristics as existing development.

Development within the designated “change areas” would be allowed at a higher density and would 1 California Department of Transportation (Caltrans). California Scenic Highway Mapping System: Alameda County. Website:
http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/. Accessed October 29, 2021.

City of Richmond–100 38th Street Project
Environmental Checklist Initial Study/Consistency Checklist and Addendum 32 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx allow maximum building heights ranging from 55 feet to 135 feet, which is an increase over the existing maximum building height range of 35 to 75 feet. The tallest buildings (135 feet) could only be developed within the three activity center areas that include the “High-Intensity Mixed-Use” land use designation. This potential increase in building height would create a more urban feel and could result in a substantial change in the character of the change areas as well as those areas that have views of and beyond those change areas.

The General Plan FEIR concluded that the City is an evolving urban environment where change is the only constant, and the proposed infill development identified in the General Plan could result in change in the existing visual character of the City. The General Plan, City ordinances, the City's discretionary permit and design review process, and the CEQA process all have components designed to protect and enhance the visual character of the City while embracing the changes inherent in an urbanized area. The changing visual character of the City is protected by its ongoing evolution and implementation of adopted policies and standards. Additionally, the General Plan FEIR included MM 3.15-1, which reduces impacts to visual character to a less than significant level.

The General Plan FEIR identified a less than significant impact related to the degradation of visual character or quality. The project site is located within an urbanized area and would not conflict with the existing visual character. As detailed previously, the project site is within the grounds of the Contra Costa (Richmond) Superior Court Complex and is bounded by the Courthouse, Bissell Avenue, a commercial building, and the BART tracks. The applicant proposes to create a new campus for multi-family housing while retaining the site’s architectural features.

The proposed colors for the two buildings were derived from the historic ‘Rosie the Riveter’ poster, which is an important part of the City of Richmond's history. Overall, the proposed project aims to expand housing opportunities, and reestablishing the site as a community asset in support of the greater revitalization of the Macdonald Avenue gateway to downtown Richmond.

The City of Richmond Design Review Board would review the project application consistent with the Municipal Code. The Design Review Board would ensure the proposed project would be compatible with surrounding uses and would evaluate the project’s design, scale, massing, exterior design, and landscaping. Furthermore, the proposed project would be consistent with the applicable zoning and planned development outlined in the General Plan and would be required to adhere to the applicable standards for development and design guidelines under the “Medium Intensity MixedUse (Commercial Emphasis)” land use and zoning designation of CM-3. This would help ensure there is no substantial degradation of the existing visual character of the site and its surroundings. As a result, the proposed project would not result in new or more sever adverse impacts that was not previously identified in the General Plan FEIR.
d) Light or Glare
Would the project: Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The City is primarily built out, and a significant amount of light and glare from urban uses already exists. However, the General Plan FEIR concluded that the new development permitted under the

City of Richmond–100 38th Street Project
Initial Study/Consistency Checklist and Addendum Environmental Checklist FirstCarbon Solutions 33 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2121/21210021/Consistency Checklist/21210021 Richmond 100 38th Street Project Checklist.docx General Plan could create new sources of glare from paved surfaces, glare from reflective building surfaces, exterior building lighting, lighted recreation facilities, new street lighting, parking lot lights, and headlights of vehicular traffic. These new sources would be more noticeable from new development in large infill areas and previously undeveloped sites outside of the downtown area. As a result, these new sources of glare could affect the day or nighttime views of adjacent sensitive land uses. These sensitive land uses could generally be undeveloped lands and residential uses adjacent to commercial or industrial areas.

Daytime glare could be produced by the increased amount of surface area of proposed commercial and residential structures, which could reflect or concentrate sunlight. Daytime glare from built surfaces, such as reflective glass or public art, and nighttime glare from indoor and outdoor light sources exist and will continue to occur under evolving conditions in the future (e.g., new and retrofit structures with reflective exteriors, new and retrofit outdoor lighting of parks and other public and private spaces, and new and retrofit indoor lighting). The General Plan FEIR concluded that these changes, including increasing the overall density and intensity of the City's development pattern, do not equate to a significant adverse impact for CEQA purposes.

The General Plan FEIR concluded that the City's General Plan, ordinances, discretionary permit, design review processes, and CEQA process must all be implemented as applicable to future projectlevel decisions. With the implementation of these processes, the General Plan FEIR concluded that the visual quality of the City will improve, and not be the subject of "substantial degradation," as the General Plan is implemented over time. Accordingly, this impact was determined to be less than significant at the General Plan and cumulative levels with the implementation of four mitigation measures including: (1) MM 3.15-2a, which would require all street lighting to be directed downward and shielded; (2) MM 3.15-2b, which restricts the use of high-level outdoor lighting for new homes; (3) MM 3.15-2c, which requires landscaping to be incorporated along internal roads and near off-site homes to reduce light spill; and (4) MM 3.15-2d, which requires any projects containing reflective glass or metal building materials to go through the City’s design review.

The analysis under the General Plan FEIR remains accurate with respect to the proposed project. As described in the FEIR, the proposed project would introduce new sources of light and glare to the project site and vicinity (including the related off-site improvements), primarily resulting from the installation of outdoor lighting for aesthetic, safety, and security purposes. This would result in an overall increase in lighting compared to the site’s existing conditions. Additionally, day and nighttime glare would increase due to reflective building exteriors, automobile windshields, and headlights.

The project site is located in an urbanized environment that currently generates light and glare, including the Courthouse Complex, the commercial businesses to the east, and the BART tracks to the south. The proposed project is similar in size, character, and design materials to existing development in the area. Therefore, the proposed project would result in similar light and glare impacts to these other nearby existing uses. The increase in light and glare from exterior and street lighting at the project site would be minimized with the implementation of the General Plan FEIR mitigation measures, MM 3.15-2a through MM 3.15-2d. The proposed project would use typical residential construction materials such as stucco, cement, and glass, and would not use reflective materials that would result in glare. In addition, the proposed project would be subject to building