AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO AND RINCON CONSULTANTS, INC.
THIS AMENDMENT NO. 2 TO THE AGREEMENT (“Amendment No. 2”) by and between the CITY OF SAN MARINO (“City”) and RINCON CONSULTANTS, INC., a California corporation (“Consultant”) is effective as of September 14, 2025. City and Consultant are collectively referred to as the “Parties.”
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services dated April 27, 2022 (“Original Agreement”) whereby Consultant agreed to provide those professional services specified in the Original Agreement.
B. City and Consultant now desire to amend the Original Agreement.
TERMS
1. Contract Changes. The Original Agreement is amended as provided herein.
A. Section 2 of the Original Agreement is amended to read as follows:
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through September 14, 2028, unless sooner terminated as provided in Section 5.0 of this Agreement.
B. Section 3 of the Original Agreement is amended to read as follows:
3.2 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit A. For services rendered on and after September 14, 2025, the total compensation paid to Consultant shall not exceed $100,000. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A, unless otherwise approved by City in writing. Pursuant to Section
02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty-thousand dollars ($30,000).
C. Section 12 of the Original Agreement is amended to read as follows:
12.0 Insurance
12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested. All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Without limiting Consultant’s indemnification of the City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City.
12.2. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
12.3. Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
12.4. Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
12.5. Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
Other provisions or requirements
12.6. Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to the City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by the City’s’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City for the contract period and any additional length of time required thereafter. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.7. Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or sub-consultants.
12.8. Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by he City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
12.9. City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments.
In the alternative, the City may cancel this Agreement.
12.10. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
12.11. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
12.12. Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
12.13. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
12.14. Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
12.15. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
12.16. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.
12.17. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.
12.18. Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this agreement. This provision does not relieve the Consultant of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to the City for review.
12.19. City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
12.20. Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
12.21. Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
12.22. Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
D. Section 13 of the Original Agreement is amended to read as follows:
13.0. Indemnification, Hold Harmless, and Duty to Defend To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any the City or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless the City shall not extend to the City’s sole or active negligence.
In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by the City, Consultant shall defend the City at Consultant’s cost or at the City’s option, to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by the City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and the City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for the City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 2.
3. Authority. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 as of the date and year first hereinabove written.
City of San Marino Rincon Consultants, Inc.
By: By:
Philippe Eskandar Signature
City Manager
Print Name and Title
Date: Date:
ATTEST: APPROVED AS TO FORM:
Alison Walker Joseph Montes
City Clerk City Attorney
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
213-788-4842
www.rinconconsultants.com
July 11, 2025
Rincon Project No. 22-12818
Isidro Figueroa, Community Development Director
City of San Marino
2200 Huntington Drive
San Marino, California 91108
Via email: [email protected]
Subject: Proposal for Staff Augmentation and Environmental Planning Services San Marino, California
Dear Mr. Figueroa:
Rincon Consultants, Inc. (Rincon) has appreciated the opportunity to provide contract planning services to the City of San Marino (City) since 2022. For the past three years, Rincon staff has collaborated with the City to process applications for single family residences and accessory dwelling units, assist applicants at the public counter, and provide mapping services. We are providing this proposal at the direction of staff to continue serving the City at increased levels of service, through operational support and expedited permit processing where needed.
Key Staff
This contract will be managed by Project Manager, Andres Sanchez. Lilly Rudolph, Community Planning Director, will serve as Principal-in-Charge and Contract Manager. Andres and Lilly will lead project teams to deliver comprehensive and effective staff augmentation, land use planning, and environmental review services. At the request of the City, we will submit staff resumes for qualified community planners, environmental practitioners, and technical specialists for City consideration.
Proposed staff will have experience that is commensurate with the complexity and technical skills needed to execute tasks, as well as availability appropriate for the project timeline and level of effort.
Scope of Work
Rincon’s approach emphasizes collaboration, efficiency, and technical excellence. Our project team will integrate seamlessly with City staff, providing technical support while ensuring compliance with local and state regulations. Typical services that Rincon can provide include:
• Current planning development review for a range of project types, including residential, commercial, and wireless facilities project types, and applications subject to permit streamlining.
Tasks include:
o Reviewing project applications for completeness, zoning compliance, and design review; and provide constructive input to applicants in a timely manner consistent with the Permit Streamlining Act
o Coordinating with environmental consultants preparing CEQA/NEPA documents o Preparing staff reports and resolutions, including finding and conditions of approval o Coordinating and communicating with City departments, applicants, and interested parties o Attending and giving oral presentations at public meetings, neighborhood councils, or other community organizations
City of San Marino
Proposal for Staff Augmentation and Environmental Planning Services 2 o Administering condition compliance, planning-level plan check, and mitigation monitoring and reporting programs
o Managing case files in an organized manner; close out cases per City procedures • Long-range planning policy and strategies, including:
o Amendments to general plans, zoning ordinances, and specific plans o Preparation of Specific Plans for development projects o Local Agency Formation Commission (LAFCo) applications, sphere of influence updates, and municipal service reviews
o Staff reports, resolutions, and ordinances
• Historic Preservation and Cultural Resources Support, including o Historic resource evaluations, including California Department of Parks and Recreation (DPR 523) forms.
o Secretary of the Interior’s Standards for the Treatment of Historic Properties compliance assessments.
o Historic structures reports, preservation plans, and adaptive reuse feasibility analyses. o Participating and/or guiding the tribal consultation process • Environmental review for compliance with the California Environmental Quality Act and the National Environmental Policy Act, such as:
o Peer review of applicant-submitted technical reports
o Exemptions, initial studies, and environmental impact reports o Technical studies in air quality, greenhouse gases, noise, biological resources, and cultural resources
o Coordination with regulatory agencies to streamline permitting and environmental compliance • Geographic information services (GIS) services:
o Spatial data analysis, mapping, and visualization services and maintain GIS databases and develop tools to enhance data-driven decision-making
• Community Engagement:
o Develop and implement outreach strategies to engage residents, businesses, and stakeholders in planning and policy initiatives
o Facilitate public meetings, manage digital engagement platforms, and ensure inclusive participation in civic processes
Assumptions
• With the exception of in-person onboarding, hard copy project file transfers, and necessary inperson meetings and public hearings, work may be conducted remotely from Rincon offices. • Rincon staff will be given access to all required City programs to perform work remotely. • For assignments necessitating in person services, Rincon will make every attempt to identify staff based out of our Los Angeles office. If local staff are not available or not appropriate for the specified assignment, we will submit a cost proposal for travel reimbursement prior to commencing work.
City of San Marino
Proposal for Staff Augmentation and Environmental Planning Services 3 Cost
Our fee schedule is provided in Attachment 1. Rincon will make every attempt to manage projects costs by providing the lowest-cost staff member qualified for the specific assignment, with appropriate oversight.
Thank you for your consideration and for the opportunity to continue to support the City of San Marino.
If you have any questions regarding this proposal, please contact Lilly Rudolph at 805-947-4828 or [email protected].
Sincerely,
Rincon Consultants, Inc.
Lilly Rudolph, AICP
Director
Brenna Weatherby
Principal
Attachment
Attachment 1 Fee Schedule
Attachment 1
Fee Schedule
Rincon Consultants, Inc.
Effective January 1, 2025
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical
and Support Personnel*
Hourly Rate
January 1 –
December 31, 2025
January 1 –
December 31, 2026
January 1 –
December 31, 2027
January 1 –
December 31, 2028
Senior Principal $330 $342 $354 $366
Principal $318 $329 $341 $353
Director $318 $329 $341 $353
Senior Supervisor II $302 $313 $324 $335
Supervisor I $282 $292 $302 $313
Senior Professional II $264 $273 $283 $293
Senior Professional I $246 $255 $264 $273
Professional IV $218 $226 $234 $242
Professional III $203 $210 $217 $225
Professional II $180 $186 $193 $200
Professional I $160 $166 $172 $178
Associate III $135 $140 $145 $150
Associate II $121 $125 $129 $134
Associate I $113 $117 $121 $125
Field Technician $97 $100 $104 $108
Technical Editor $152 $157 $162 $168
Project Accountant $129 $134 $139 $144
Billing Specialist $111 $115 $119 $123
Publishing Specialist $124 $128 $132 $137
Clerical $111 $115 $119 $123
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, data technology experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Other Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
Rincon Consultants, Inc.
Effective January 1, 2025
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Petterson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Sub‐meter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20 ft. Boston Whaler or Similar) $800
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$57/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person