51 SBABA5314
BUSINESS LIABILITY COVERAGE FORM
b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any 1) " Bodily injury" or " property damage" purpose by you, any of your that occurred; or
employees", " volunteer workers",
any partner or member ( if you are
2) " Personal and advertising injury"
a partnership or joint venture), or
arising out of an offense committed
any member ( if you are a limited before you acquired or formed the liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person ( other than your" employee" or With respect to " mobile equipment" registered in volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available 1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured 2) Until your legal representative has with respect to:
been appointed. a. " Bodily injury" to a co-" employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. " Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is alegally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any
organization responsible for the conduct of
subsidiary not shown in the Declarations
such person is also an insured, but only with
respect to liability arising out of the operation
as a named insured does not apply to
injury or damage with respect to which an
of the watercraft, and only if no other
insurance of any kind is available to that insured under this insurance is also an insured under another policy or would be
person or organization for this liability.
an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. " Bodily injury" to a co-" employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. " Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person( s) or organization( s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
51 SBABA5314
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products;
insured under this provision only for that f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an connection with the sale of the additional insured under this provision if such
product;
person or organization is included as an
additional insured by an endorsement issued g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.— Optional Additional Insured Coverages. the vendor; or a. Vendors h) " Bodily injury" or " property
damage" arising out of the sole
Any person( s) or organization( s) ( referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of bodily injury" or " property damage" arising its employees or anyone else out of " your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor' s
exclusion does not apply to:
business and only if this Coverage Part
provides coverage for " bodily injury" or
i) The exceptions contained in
property damage" included within the Subparagraphs( d) or( f); or products- completed operations hazard". ii) Such inspections, adjustments, 1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions:
undertakes to make in the usual
course of business, in
This insurance does not apply to: connection with the distribution a) " Bodily injury" or " property or sale of the products. damage" for which the vendor is 2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products,
liability in a contract or agreement.
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the
containing such products.
vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
b) Any express warranty
1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
with respect to their liability for " bodily
c) Any physical or chemical change injury", " property damage" or in the product made intentionally
by the vendor;
personal and advertising injury"
caused, in whole or in part, by your
d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
51 SBABA5314
BUSINESS LIABILITY COVERAGE FORM
2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any 1) Any state or political subdivision, but occurrence" which takes place after
only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision 1) Any person or organization from has issued a permit. whom you lease land or premises, but 2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises a) " Bodily injury", " property damage" leased to you. or " personal and advertising
2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
a) Any " occurrence" which takes b) " Bodily injury" or" property damage" place after you cease to lease that included within the " productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party
b) Structural alterations, new 1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for " bodily injury", organization. property damage" or " personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or 1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for " bodily the acts or omissions of those acting injury", " property damage" or " personal on your behalf:
and advertising injury" caused, in whole a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on b) In connection with your premises your behalf: owned by or rented to you; or
a) In connection with your premises; c) In connection with " your work" and or included within the " productsb) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. i) The written contract or written 2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to ii) This Coverage Part provides bodily injury", " property damage" or coverage for " bodily injury" or personal and advertising injury" property damage" included arising out of the rendering of or the within the " productsfailure to render any professional completed operations hazard". services by or for you, including: 2) With respect to the insurance afforded a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, Bodily injury", " property damage" or reports, surveys, field orders, personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
51 SBABA5314
BUSINESS LIABILITY COVERAGE FORM
a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to " property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2. a. or 2. b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all " bodily injury", insureds are described in Section D. — Limits property damage" and medical expenses Of Insurance. arising out of any one " occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. — Liability And Medical Expenses because of " bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2. b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most
The Damage To Premises Rented To You
we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of
a. Insureds; property damage" to any one premises, while b. Claims made or" suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing " suits". temporarily occupied by you with permission of
2. Aggregate Limits
the owner.
The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To
a. Damages because of " bodily injury" and You Limit applies to all damage proximately property damage" included in the caused by the same event, whether such products- completed operations hazard" is damage results from fire, lightning or explosion the Products- Completed Operations
or any combination of these.
Aggregate Limit shown in the
Declarations.
6. How Limits Apply To Additional Insureds
b. Damages because of all other " bodily The most we will pay on behalf of a person or injury", " property damage" or " personal
organization who is an additional insured
and advertising injury", including medical
under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your " locations"
subdivision; or
owned by or rented to you.
b. The Limits of Insurance shown in the
Location" means premises involving the
Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a
addition to the Limits of Insurance shown in
street, roadway or right- of- way of a
the Declarations and described in this Section.
railroad.
51 SBABA5314
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this 1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or" suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or" suit"; single highest limit of liability of all coverages 2) Authorize us to obtain records and applicable to such claim or " suit". However, this other information; paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
3) Cooperate with us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the" suit"; and separately to each consecutive annual period and to 4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the
person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
d. Obligations At The Insured' s Own Cost
E. LIABILITY AND MEDICAL EXPENSES
No insured will, except at that insured' s own
GENERAL CONDITIONS
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured' s Other Insurance the insured' s estate will not relieve us of our If we cover a claim or " suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense
must submit such claim or " suit" to the
other insurer for defense and indemnity.
You or any additional insured must see to
it that we are notified as soon as
However, this provision does not apply to
practicable of an " occurrence" or an
the extent that you have agreed in a
offense which may result in a claim. To
written contract, written agreement or
the extent possible, notice should include: permit that this insurance is primary and non- contributory with the additional
1) How, when and where the " occurrence" insured' s own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, 2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
3) The nature and location of any injury any additional insured only when such or damage arising out of the occurrence", offense, claim or " suit" is occurrence" or offense. known to:
b. Notice Of Claim 1) You or any additional insured that is If a claim is made or " suit" is brought an individual; against any insured, you or any additional 2) Any partner, if you or an additional insured must: insured is a partnership;
1) Immediately record the specifics of the 3) Any manager, if you or an additional claim or " suit" and the date received; insured is a limited liability company; and
4) Any " executive officer" or insurance
2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the 5) Any trustee, if you or an additional claim or" suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The 6) Any elected or appointed official, if you Insured
or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
51SBABA5314
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to 3) We have issued this policy in reliance you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for " bodily injury" Coverage Part, we shall not deny any liability and " property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to " mobile equipment" to available for a loss we cover under this which this insurance applies, we will
Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle
a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under
insurance by the method described in c.
this Coverage Form:
below.
a. To join us as a party or otherwise bring us
b. Excess Insurance
into a " suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied 1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder' s Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for" your work"; against an insured; but we will not be liable for 2) Premises Rented To You damages that are not payable under the terms of
this insurance or that are in excess of the
That is fire, lightning or explosion
applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant' s legal representative. 3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you with permission of the owner; insurance applies:
a. As if each Named Insured were the only
4) Aircraft, Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom
or use of aircraft, " autos" or watercraft to
a claim is made or" suit" is brought. the extent not subject to Exclusion g. of Section A.— Coverages.
6. Representations
5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of " property 1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not 2) Those statements are based upon
subject to Exclusion k. of Section A. —
representations you made to us; and
Coverages.
51 SBABA5314
BUSINESS LIABILITY COVERAGE FORM
6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages 1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been 2) The total of all deductible and selfadded as an additional insured by that insured amounts under all that other insurance; or insurance.
7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This
any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions
Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you
insurance or none of the loss remains,
have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer' s share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
b) Primary And Non- Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract
a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured' s own transferred to us. The insured must do insurance, this insurance is
nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring " suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
Paragraphs( a) and ( b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery ( Waiver insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will
recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any" suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that " suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured' s
such person or organization in a contract,
rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BAS56524792
COMMERCIAL AUTO
AC 85 43 08 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA BUSINESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS ( Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR- WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE ( Including Employee Hired Auto) 6 LOAN / LEASE GAP ( Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE ( WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON- CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION II - LIABILITY COVERAGE is amended as follows:
1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE, Paragraph A. 1. Who Is An Insured is amended to include the following as an " insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, " insured" does not include any organization that:
1) Is a partnership or joint venture; or
2) Is an " insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 BAS56524792
Coverage under this provision d. does not apply to " bodily injury" or " property damage" that occurred before you acquired or formed the organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A. 1. Who Is An Insured is amended to include the following as an " insured":
e. Any " employee" of yours while using a covered " auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any " employee". f. Any " employee" of yours while operating an " auto" hired or borrowed under a written contract or agreement in that " employee' s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the " employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A. 1. Who Is An Insured is amended to include the following as an " insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered " auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an " insured".
However, such person or organization is an " insured":
1) Only with respect to the operation, maintenance or use of a covered " auto"; 2) Only for " bodily injury" or " property damage" caused by an " accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
3) Only for the duration of that contract, agreement or permit.
The " insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the " insured" has agreed in writing to primary noncontributory wording per enhancement number 23, this policy is excess over any other collectible insurance.
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2. a. Supplementary Payments, Paragraphs 2) and ( 4) are replaced by the following:
2) Up to $ 3, 000 for cost of bail bonds ( including bonds for related traffic violations ) required because of an " accident" we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings up to $ 500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow " employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:
SECTION II - LIABILITY, Exclusion B. 5. Fellow Employee does not apply if the " bodily injury" results from the use of a covered " auto" you own or hire if you have workers compensation insurance in force for all of your " employees" at the time of " loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A. 4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:
If hired " autos" are covered " autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any " auto" you own, then the Physical Damage coverages provided are extended to " autos":
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 BAS56524792
a. You hire, rent or borrow; or
b. Your " employee" hires or rents under a written contract or agreement in that " employee' s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for " loss" in any one " accident" or " loss" is the smallest of:
1) $ 50, 000; or
2) The actual cash value of the damaged or stolen property as of the time of the " loss": or 3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned " auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered " auto" you own. d. Subject to a maximum of $ 1, 000 per " accident", we will also cover the actual 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.
e. This coverage extension does not apply to:
1) Any " auto" that is hired, rented or borrowed with a driver; or 2) Any " auto" that is hired, rented or borrowed from your " employee" or any member of your employee' s" household.
Coverage provided under this extension is excess over any other collectible insurance available at the time of " loss".
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE. Paragraph A. 2. Towing , is amended by the addition of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered " auto" classified and rated as a private passenger type, " light truck" or " medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $ 75 per disablement. b. For " light trucks", we will pay up to $ 75 per disablement. " Light trucks" are trucks that have a gross vehicle weight ( GVW) of 10, 000 pounds or less.
c. For " medium trucks", we will pay up to $ 150 per disablement. " Medium trucks" are trucks that have a gross vehicle weight ( GVW) of 10, 001 - 20, 000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4. a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE. is amended to provide a limit of $ 50 per day and a maximum limit of $ 1, 500.
9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $ 75 per day for rental reimbursement expenses incurred by you for the rental of an " auto" because of " accident" or " loss", to an " auto" for which we also pay a " loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the " accident" or " loss" to the covered " auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $ 75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality. up to a maximum of 30 days.
c. We will also pay up to $ 500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered " auto". This limit is excess over any other collectible insurance.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 BAS56524792
d. This coverage does not apply unless you have a business necessity that other " autos" available for your use and operation cannot fill.
e. If " loss" results from the total theft of a covered " auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include " personal effects" as defined in provision 11. B.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage . we will pay for the expense of returning a stolen covered " auto" to you. The maximum amount we will pay is $ 1, 000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
If you have purchased Comprehensive Coverage on this policy for an " auto" you own and that auto" is stolen, we will pay, without application of a deductible, up to $ 600 for " personal effects" stolen with the " auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, " personal effects" mean tangible property that is worn or carried by an " insured." " Personal effects" does not include tools, equipment, jewelry. money or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE. B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for " loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer' s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible , is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any " loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclusions 4. c. and 4. d. is deleted and replaced with the following:
Exclusions 4. c. and 4. d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is:
1) Permanently installed in the covered " auto" at the time of the " loss" or removable from a housing unit that is permanently installed in the covered " auto"; and 2) Designed to be solely operated by use from the power from the " auto' s" electrical system; and 3) Physical damage coverages are provided for the covered " auto".
If the " loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$ 100 deductible.
@ 2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 BAS56524792
15. LOAN / LEASE GAP COVERAGE ( Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
The most we will pay for a " total loss" to a covered " auto" owned by or leased to you in any one accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered " auto" is subject at the time of the " loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the " loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a " Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the " total loss" of a covered " auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered " auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the " loss".
An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the " loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered " auto" that incurred the loss" serves as collateral, or lease written on the covered " auto" that incurred the " loss".
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
Total loss" means a " loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.
A " balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.
16. GLASS REPAIR- WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
17. PARKED AUTO COLLISION COVERAGE ( WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
The deductible does not apply to " loss" caused by collision to such covered " auto" of the private passenger type or light weight truck with a gross vehicle weight of 10, 000 lbs. or less as defined by the manufacturer as maximum loaded weight the " auto" is designed to carry while it is:
a. In the charge of an " insured";
b. Legally parked; and
c. Unoccupied.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 BAS56524792
The " loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered " auto" must exceed the deductible shown in the Declarations.
This provision does not apply to any " loss" if the covered " auto" is in the charge of any person or organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same " accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller ( or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller ( or smallest) deductible , it will be reduced by the amount of the smaller ( or smallest) deductible; or c. If the " loss" involves two or more Business Auto coverage forms or policies, the smaller ( or smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B. 2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.
20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2. a. is replaced in its entirety by the following:
a. In the event of " accident", claim, " suit" or " loss", you must promptly notify us when it is known to:
1) You. if you are an individual;
2) A partner, if you are a partnership:
3) Member, if you are a limited liability company:
4) An executive officer or the " employee" designated by the Named Insured to give such notice, if you are a corporation.
To the extent possible. notice to us should include:
a) How, when and where the " accident" or " loss" took place; b) The " insured' s'. name and address; and
c) The names and addresses of any injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A. 5. Transfer Of Rights Of Recovery Against Others To Us. is amended by the addition of the following:
If the person or organization has in a written agreement waived those rights before an " accident" or loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B. 7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For " autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured' s" responsibility to pay for damages is determined in a " suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 BAS56524792
This extension of coverage does not apply to an " auto" hired, leased, rented or borrowed with a driver.
23. PRIMARY AND NON- CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEME NT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B. 5. Other Insurance and supersedes any provision to the contrary:
This Coverage Form' s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an " insured" under your policy provided that:
1. Such " insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such " insured".
SECTION V - DEFINITIONS is amended as follows:
24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 LISAWIS- 01 MCHEW
A
CERTIFICATE OF LIABILITY INSURANCE
DATE( MM/ DDIYYYY)
8/ 1/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER License# 0305584 CONTACT
NAME:
Morris& Garritano Insurance Agency, Inc. PHONE
ac, No, E: t):( 805) 543- 6887 I
FAX
Drawer 1189
ac, No):( 805 543- 3064
San Luls Obispo, CA 93406 ADDRESS: E- MAIM
INSURER( S) AFFORDING COVERAGE NAIC#
INSURER A: Sentinel Insurance Company 11000
INSURED INSURER B: Ohio Security Insurance Company 24082 Lisa Wise Consulting, Inc. INSURER c: Oak River Insurance Company 34630 983 Osos Street INSURER D: Twin City Fire Insurance Company 29459 San Luis Obispo, CA 93401 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS ADDL SUBR POUCY EFF POUCY EXP
W
LIMITS
LIR TYPE OF INSURANCE INS° VD POUCY NUMBER MM( DDIYYYY1 IMMIDD/ YYYY) A X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE 5
2, 000, 000
CLAIMS- MADE X OCCUR X 51SBABA5314 4/1/ 2023 4/ 1/ 2024 PREMISES( EaE rrenceL S 1, 000, 000
MED EXP( Any one person) S
10,000
PERSONAL. 1 ADV INJURY S
2,000, 000
GENERAL AGGREGATE. S
4,000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: 4, 000, 000
X POLICY je DLOC PRODUCTS- COMP/ OP AGG S
S
OTHER:
EO COMBINED SINGLE UMIT
5 1, 000, 000
B AUTOMOBILE UABIUTY
X ANY AUTO BAS56524792 4/ 1/ 2023 4/ 1/ 2024 BODILY INJURY( Per person) S
AUOT SONLY
SCHEDULED BODILY INJURY( Per accident) S
AUTOS ONLY ALTO O LY
Per
PROPERTY
S
S
UMBRELLA LIAR OCCUR EACH OCCURRENCE S
EXCESS UAB CLAIMS- MADE AGGREGATE S
DED RETENTION S
5 C WORKERS COMPENSATION OM
X SATUE ER
EMPLOYERS'
rIN LIWC422640 4/ 1/ 2023 4/ 1/ 2024 1, 000, 000
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
I
E.L EACH ACCIDENT
OFFICER/ MEMBER EXCLUDED? NIA 1, 000, 000
Mandatory In NH) E.L. DISEASE- EA EMPLOYEE S
If yes, describe under E. L. DISEASE- POLICY LIMIT 5
1, 000, 000
DESCRIPTION OF OPERATIONS below
D Professional Liab. 51 PG028245723 4/ 1/ 2023 4/ 1/ 2024 Per Claim& Agg. 2,000, 000 D Professional Liab. 51PG028245723 4/ 1/ 2023 4/ 1/ 2024 Deductible 5, 000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See form attached as triggered by written contract:
GL: AI/ PNC- SS0008 0405.
AL: Al- AC8543 0821
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS.
Community Development Director
211 8th Street
Seal Beach, CA 90740
AUTHORIZED REPRESENTATIVE
A044._
ACORD 25( 2016/ 03) 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
51SBABA5314
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for" bodily injury": are also insureds, but only with respect to their duties as trustees.
a. Any Insured
To any insured, except" volunteer workers".
2. Each of the following is also an insured:
b. Hired Person
a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your " volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises
your business, or your " employees", other
than either your" executive officers" ( if you
To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers ( if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by
To a person, whether or not an
you or while performing duties related to
employee" of any insured, if benefits for the conduct of your business. the " bodily injury" are payable or must be However, none of these " employees" or provided under a workers' compensation volunteer workers" are insureds for:
or disability benefits law or a similar law. 1) " Bodily injury" or " personal and e. Athletics Activities advertising injury":
To a person injured while practicing,
a) To you, to your partners or
instructing or participating in any physical members ( if you are a partnership exercises or games, sports or athletic or Joint venture), to your members contests.
if you are a limited liability
company), or to a co" employee"
f. Products- Completed Operations Hazard while in the course of his or her Included with the " products- completed employment or performing duties operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage.
volunteer workers" while
performing duties related to the
C. WHO IS AN INSURED conduct of your business;
1. If you are designated in the Declarations as: b) To the spouse, child, parent, a. An individual, you and your spouse are
brother or sister of that coinsureds, but only with respect to the employee" or that " volunteer conduct of a business of which you are the worker" as a consequence of sole owner.
Paragraph ( 1)( a) above;
b. A partnership or joint venture, you are an c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an
described in Paragraphs ( 1)( a) or
insured. Your members are also insureds,
b) above; or
but only with respect to the conduct of your
d) Arising out of his or her providing
business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your
health care services.
managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you
services, Paragraph ( d) does not apply
are an insured. Your" executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services.
Your stockholders are also insureds, but only 2) " Property damage" to property:
with respect to their liability as stockholders. a) Owned, occupied or used by,
51SBABA5314
BUSINESS LIABILITY COVERAGE FORM
b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any 1) " Bodily injury" or " property damage" purpose by you, any of your that occurred; or
employees", " volunteer workers",
2) " Personal and advertising injury"
any partner or member ( if you are
a partnership or joint venture), or
arising out of an offense committed
any member ( if you are a limited before you acquired or formed the liability company).
organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person ( other than your" employee" or With respect to " mobile equipment" registered in volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property
permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available 1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured 2) Until your legal representative has with respect to:
been appointed. a. " Bodily injury" to a co-" employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. " Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary
5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or organization responsible for the conduct of
The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an
person or organization for this liability.
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. " Bodily injury" to a co-" employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. " Property damage" to property owned by, other than a partnership, joint venture or
rented to, in the charge of or occupied by
limited liability company, and over which you
you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person( s) or organization( s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
51SBABA5314
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products;
insured under this provision only for that
f) Demonstration, installation,
period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed
at the vendor' s premises in
However, no such person or organization is an connection with the sale of the additional insured under this provision if such
product;
person or organization is included as an
additional insured by an endorsement issued g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.— Optional Additional Insured Coverages. the vendor; or a. Vendors
h) " Bodily injury" or " property
damage" arising out of the sole
Any person( s) or organization( s) ( referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of bodily injury" or " property damage" arising its employees or anyone else out of" your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor' s
exclusion does not apply to:
business and only if this Coverage Part
provides coverage for " bodily injury" or
I) The exceptions contained in
property damage" included within the
Subparagraphs( d) or( f); or
products- completed operations hazard". ii) Such inspections, adjustments, 1) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional has agreed to make or normally exclusions:
undertakes to make in the usual
course of business, in
This insurance does not apply to: connection with the distribution a) " Bodily injury" or " property or sale of the products. damage" for which the vendor is 2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement.
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the containing such products. vendor would have in the absence
of the contract or agreement;
b. Lessors Of Equipment
b) Any express warranty
1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
with respect to their liability for" bodily
c) Any physical or chemical change injury", " property damage" or in the product made intentionally personal and advertising injury" by the vendor; caused, in whole or in part, by your
d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Form SS 00 08 04 05
51SBABA5314
BUSINESS LIABILITY COVERAGE FORM
2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any 1) Any state or political subdivision, but occurrence" which takes place after
only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision 1) Any person or organization from has issued a permit. whom you lease land or premises, but 2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises a) " Bodily injury", " property damage" leased to you. or " personal and advertising
2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
a) Any " occurrence" which takes b) " Bodily injury" or" property damage" place after you cease to lease that included within the " productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party
b) Structural alterations, new 1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above., but only with behalf of such person or respect to liability for " bodily injury", organization. property damage" or " personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or 1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for " bodily the acts or omissions of those acting injury", " property damage" or " personal on your behalf:
and advertising injury" caused, in whole a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on b) In connection with your premises your behalf owned by or rented to you; or
a) In connection with your premises; c) In connection with" your work" and or included within the " productsb) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. i) The written contract or written 2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to ii) This Coverage Part provides bodily injury", " property damage" or coverage for " bodily injury" or personal and advertising injury" property damage" included arising out of the rendering of or the within the " productsfailure to render any professional completed operations hazard". services by or for you, including: 2) With respect to the insurance afforded a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, Bodily injury", " property damage" or reports, surveys, field orders, personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
51SBABA5314
BUSINESS LIABILITY COVERAGE FORM
a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to " property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2. a. or 2. b above, whichever activities.
applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all " bodily injury", insureds are described in Section D. — Limits property damage" and medical expenses Of Insurance. arising out of any one " occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.— Liability And Medical Expenses because of " bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2. b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most
The Damage To Premises Rented To You
we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of
a. Insureds; property damage" to any one premises, while b. Claims made or" suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing" suits". temporarily occupied by you with permission of
2. Aggregate Limits
the owner.
The most we will pay for; In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To
a. Damages because of " bodily injury" and You Limit applies to all damage proximately property damage" included in the caused by the same event, whether such products- completed operations hazard" is damage results from fire, lightning or explosion the Products- Completed Operations
or any combination of these.
Aggregate Limit shown in the
Declarations.
6. How Limits Apply To Additional Insureds
b. Damages because of all other " bodily The most we will pay on behalf of a person or organization who is an additional insured
property property damage" or " personal
and advertising injury", including medical
under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies
permit issued by a state or political
separately to each of your " locations"
subdivision; or
owned by or rented to you.
b. The Limits of Insurance shown in the
Location" means premises involving the
Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a
addition to the Limits of Insurance shown in
street, roadway or right- of-way of a
the Declarations and described in this Section.
railroad.
51SBABA5314
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance- under this 1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or" suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or" suit"; single highest limit of liability of all coverages 2) Authorize us to obtain records and applicable to such claim or " suit". However, this other information; paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
3) Cooperate with us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the" suit"; and separately to each consecutive annual period and to 4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the
person or organization that may be
Declarations, unless the policy period is extended
liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
d. Obligations At The Insured' s Own Cost
E. LIABILITY AND MEDICAL EXPENSES
No insured will, except at that insured' s own
GENERAL CONDITIONS
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured' s Other Insurance the insured' s estate will not relieve us of our If we cover a claim or " suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense
must submit such claim or " suit" to the
other insurer for defense and indemnity.
You or any additional insured must see to
it that we are notified as soon as
However, this provision does not apply to
practicable of an " occurrence" or an
the extent that you have agreed in a
offense which may result in a claim. To
written contract, written agreement or
the extent possible, notice should include: permit that this insurance is primary and non- contributory with the additional
1) How, when and where the " occurrence" insured' s own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, 2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and Paragraphs a. and b. apply to you or to 3) The nature and location of any injury any additional insured only when such or damage arising out of the occurrence", offense, claim or " suit" is occurrence" or offense. known to:
b. Notice Of Claim 1) You or any additional insured that is If a claim is made or " suit" is brought an individual; against any insured, you or any additional 2) Any partner, if you or an additional insured must: insured is a partnership;
1) Immediately record the specifics of the 3) Any manager, if you or an additional claim or " suit" and the date received; insured is a limited liability company; and
4) Any " executive officer" or insurance
2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the 5) Any trustee, if you or an additional claim or" suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The 6) Any elected or appointed official, if you Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
51 SBABA5314
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to 3) We have issued this policy in reliance you and. any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for " bodily injury" Coverage Part, we shall not deny any liability and " property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to " mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle
a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under
insurance by the method described in c.
below.
this Coverage Form:
a. To join us as a party or otherwise bring us
b. Excess Insurance
into a " suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless
contingent or on any other basis:
all of its terms have been fully complied 1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder' s Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for" your work"; against an insured; but we will not be liable for 2) Premises Rented To You damages that are not payable under the terms of
That is fire, lightning or explosion
this insurance or that are in excess of the
insurance for premises rented to you
applicable limit of insurance. An agreed
or temporarily occupied by you with
settlement means a settlement and release of
permission of the owner;
liability signed by us, the insured and the
claimant or the claimant' s legal representative.
3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for
Except with respect to the Limits of Insurance,
property damage" to premises rented
and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this
with permission of the owner;
insurance applies:
a. As if each Named Insured were the only
4) Aircraft, Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance b.
or use of aircraft," autos" or watercraft to
Separately to each insured against whom
a claim is made or" suit" is brought.
the extent not subject to Exclusion g. of
Section A.— Coverages.
6. Representations 5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of " property 1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not 2) Those statements are based upon
subject to Exclusion k. of Section A.—
representations you made to us; and
Coverages.
Form SS 00 08 04 05
51SBABA5314
BUSINESS LIABILITY COVERAGE FORM
6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages 1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been 2) The total of all deductible and selfadded as an additional insured by that insured amounts under all that other insurance; or insurance.
7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This
any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions
Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you
insurance or none of the loss remains,
have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer' s share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
b) Primary And Non- Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract
a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non- contributory with under this Coverage Part, those rights are the additional insured' s own transferred to us. The insured must do insurance, this insurance is
nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring " suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
Paragraphs ( a) and ( b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery ( Waiver insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will
recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any" suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that " suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured' s
such person or organization in a contract,
rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BAS56524792
COMMERCIAL AUTO
AC 85 43 08 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA BUSINESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS ( Including Employee Hired Auto) 2 EXTRA EXPENSE- BROADENED COVERAGE 10
GLASS REPAIR- WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE ( Including Employee Hired Auto) 6 LOAN / LEASE GAP ( Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE( WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON- CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION II- LIABILITY COVERAGE is amended as follows:
1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE, Paragraph A. 1. Who Is An Insured is amended to include the following as an " insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, " insured" does not include any organization that:
1) Is a partnership or joint venture; or
2) Is an " insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 BAS56524792
Coverage under this provision d. does not apply to " bodily injury" or " property damage" that occurred before you acquired or• formed the organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A. 1. Who Is An Insured is amended to include the following as an " insured":
e. Any " employee" of yours while using a covered " auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any " employee". f. Any " employee" of yours while operating an " auto" hired or borrowed under a written contract or agreement in that " employee' s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the " employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A. 1. Who Is An Insured is amended to include the following as an " insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered " auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or s organization, or governmental or public authority to this policy as an " insured".
However, such person or organization is an " insured":
1) Only with respect to the operation, maintenance or use of a covered " auto"; 2) Only for " bodily injury" or " property damage" caused by an " accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
3) Only for the duration of that contract, agreement or permit.
The " insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the " insured" has agreed in writing to primary noncontributory wording per enhancement number 23, this policy is excess over any other collectible insurance.
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2. a. Supplementary Payments,. Paragraphs 2) and ( 4) are replaced by the following:
2) Up to $ 3, 000 for cost of bail bonds ( including bonds for related traffic violations ) required because of an " accident" we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings up to $ 500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow " employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:
SECTION II - LIABILITY, Exclusion B. 5. Fellow Employee does not apply if the " bodily injury" results from the use of a covered " auto" you own or hire if you have workers compensation insurance in force for all of your " employees" at the time of " loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:
If hired " autos" are covered " autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any " auto" you own, then the Physical Damage coverages provided are extended to " autos":
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 BAS56524792
a. You hire, rent or borrow; or
b. Your " employee" hires or rents under a written contract or agreement in that " employee' s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for " loss" in any one " accident" or" loss" is the smallest of:
1) $ 50, 000; or
2) The actual cash value of the damaged or stolen property as of the time of the " loss"; or 3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned " auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered " auto" you own. d. Subject to a maximum of $ 1, 000 per " accident", we will also cover the actual 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.
e. This coverage extension does not apply to:
1) Any " auto" that is hired, rented or borrowed with a driver; or 2) Any " auto" that is hired, rented or borrowed from your " employee" or any member of your employee' s" household.
Coverage provided under this extension is excess over any other collectible insurance available at the time of" loss".
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered " auto" classified and rated as a private passenger type, " light truck" or" medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $ 75 per disablement. b. For" light trucks", we will pay up to $ 75 per disablement. " Light trucks" are trucks that have a gross vehicle weight ( GVW) of 10,000 pounds or less.
c. For " medium trucks", we will pay up to $ 150 per disablement. " Medium trucks" are trucks that have a gross vehicle weight ( GVW) of 10, 001 - 20, 000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4. a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$ 50 per day and a maximum limit of $ 1, 500.
9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $ 75 per day for rental reimbursement expenses incurred by you for the rental of an " auto" because of " accident" or " loss", to an " auto" for which we also pay a loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the " accident" or " loss" to the covered " auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $ 75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $ 500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered " auto". This limit is excess over any other collectible insurance.
@ 2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 BAS56524792
d. This coverage does not apply unless you have a business necessity that other " autos" available for your use and operation cannot fill.
e. If " loss" results from the total theft of a covered " auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include " personal effects" as defined in provision 11. B.
10. EXTRA EXPENSE- BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered " auto" to you. The maximum amount we will pay is $ 1, 000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
rt If you have purchased Comprehensive Coverage on this policy for an " auto" you own and that auto" is stolen, we will pay, without application of a deductible, up to $ 600 for " personal effects" stolen with the " auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, " personal effects" mean tangible property that is worn or carried by an " insured." " Personal effects" does not include tools, equipment, jewelry, money or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for " loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer' s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible , is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any " loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclusions 4. c. and 4. d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or_not designed solely for the reproduction of sound, if the equipment is:
1) Permanently installed in the covered " auto" at the time of the " loss" or removable from a housing unit that is permanently installed in the covered " auto"; and 2) Designed to be solely operated by use from the power from the " auto' s" electrical system; and 3) Physical damage coverages are provided for the covered " auto".
If the " loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$ 100 deductible.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 BAS56524792
15. LOAN / LEASE GAP COVERAGE ( Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
The most we will pay for a " total loss" to a covered " auto" owned by or leased to you in any one accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered " auto" is subject at the time of the " loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the " loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a" Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the " total loss" of a covered " auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered " auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the " loss".
An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the " loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered " auto" that incurred the loss" serves as collateral, or lease written on the covered " auto" that incurred the " loss".
C. SECTION V- DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
Total loss" means a " loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.
A " balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 25 16. GLASS REPAIR- WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
17. PARKED AUTO COLLISION COVERAGE( WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
The deductible does not apply to " loss" caused by collision to such covered " auto" of the private passenger type or light weight truck with a gross vehicle weight of 10, 000 lbs. or less as defined by the manufacturer as maximum loaded weight the " auto" is designed to carry while it is:
a. In the charge of an " insured";
b. Legally parked; and
c. Unoccupied.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 BAS56524792
The " loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered " auto" must exceed the deductible shown in the Declarations.
This provision does not apply to any " loss" if the covered " auto" is in the charge of any person or organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same " accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller ( or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller ( or smallest) deductible , it will be reduced by the amount of the smaller ( or smallest) deductible; or c. If the " loss" involves two or more Business Auto coverage forms or policies, the smaller ( or smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B. 2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.
20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2. a. is replaced in its entirety by the following:
a. In the event of" accident", claim, " suit" or " loss", you must promptly notify us when it is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) Member, if you are a limited liability company;
4) An executive officer or the " employee" designated by the Named Insured to give such notice, if you are a corporation.
To the extent possible, notice to us should include:
a) How, when and where the " accident" or " loss" took place; b) The " insured' s" name and address; and
c) The names and addresses of any injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A. 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following:
If the person or organization has in a written agreement waived those rights before an " accident" or loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B. 7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For " autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured' s" responsibility to pay for damages is determined in a" suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 BAS56524792
This extension of coverage does not apply to an " auto" hired, leased, rented or borrowed with a driver.
23. PRIMARY AND NON- CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B. 5. Other Insurance and supersedes any provision to the contrary:
This Coverage Form' s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an " insured" under your policy provided that:
1. Such " insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such " insured".
SECTION V- DEFINITIONS is amended as follows:
24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
Bodily injury" means physical injury, sickness or disease sustained by a person,- including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 2021 Liberty Mutual Insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Agenda Item F
AGENDA STAFF REPORT
DATE: August 11, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendment 2 to the Professional Services Agreement with Stantec Consulting Services, Inc.
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7683:
1. Approving Amendment 2 to the Professional Services Agreement with Stantec Consulting Services, Inc., extending the term to December 31, 2025; and,
2. Directing the City Manager to execute Amendment 2 on behalf of the City.
BACKGROUND AND ANALYSIS:
On March 27, 2023, the Seal Beach City Council approved a Professional Services Agreement (PSA) with Stantec Consulting Services, Inc. to provide environmental consulting services for the preparation of a Program Environmental Impact Report (EIR) for the City's General Plan and Zoning Code Updates Project. Since then, Stantec has been diligently working on the EIR, making significant progress in its development.
However, the complexity and scope of the project have been evolving due to changes requested by the California Department of Housing and Community Development (HCD) to reach substantial compliance for the Housing Element, requiring additional time for completion. Amendment 2 would extend the contract expiration date by three months to December 31, 2025.
ENVIRONMENTAL IMPACT:
The proposed Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that have potential for causing a
significant effect on the environment. Approval of the Professional Services Agreement Amendment 2 will not have a significant effect on the environment.
LEGAL ANALYSIS:
This item has been reviewed and approved as to form.
FINANCIAL IMPACT:
This Amendment represents a time extension only; adequate funding was included in the adopted FY 2025-26 Annual Budget.
STRATEGIC PLAN:
The City Council previously established adoption of the Housing Element as a strategic priority. This contract is in furtherance of that effort.
RECOMMENDATION:
That the City Council adopt Resolution 7683:
1. Approving Amendment 2 to the Professional Services Agreement with Stantec Consulting Services, Inc., extending the term to December 31, 2025; and,
2. Directing the City Manager to execute Amendment 2 on behalf of the City.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, City Manager
Prepared by: Megan Coats, Management Analyst
ATTACHMENTS:
A. Resolution 7683
B. Amendment 2 to the Professional Services Agreement with Stantec C. Amendment 1 to the Professional Services Agreement with Stantec D. Original Professional Services Agreement with Stantec RESOLUTION 7683
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AND AUTHORIZING AMENDMENT 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES,
INC. EXTENDING THE DURATION BY THREE MONTHS
WHEREAS, the City of Seal Beach (City) and Stantec Consulting Services, Inc. (Consultant) are parties to that certain Professional Services Agreement dated March 27, 2023, for Environmental Consulting Services (collectively the “Agreement”); and, WHEREAS, the Consultant has been providing services to the City of Seal Beach and has made significant progress on the Environmental Impact Report (EIR); and, WHEREAS, City and Consultant have determined that additional time is required to conduct project meetings, provide extended project management support, and ensure thorough review and refinement of the EIR and wish to extend the Term of the Agreement to December 31, 2025.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:
Section 1. The City Council hereby approves to amend the Professional Services Agreement for Environmental Consulting Services with Stantec Consulting Services, Inc., extending the Term through December 31, 2025.
Section 2. The Council hereby directs the City Manager to execute Amendment 2 on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11
th day of August 2025 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7683 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11
th day of August 2025.
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
Amendment No. 2
for
Environmental Consulting Services
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Stantec Consulting Services, Inc.
2999 Oak Road, Suite 800
Walnut Creek, CA 94597
(925) 285-6541
This Amendment No. 2, dated August 11, 2025, amends that certain agreement (Agreement) made as of March 27, 2023 by and between the City of Seal Beach (City), a California charter city, and Stantec Consulting Services, Inc. (Consultant), a New York corporation (collectively, “the Parties”).
2 of 3
RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides environmental consulting services related to the Programmatic Environmental Impact Report (EIR) for the Seal Beach Housing Element and Zone Code Updates Project.
B. City and Consultant wish to amend the Agreement for Consultant to extend the executed document from September 30, 2025, for a three-month extension to conclude on December 31, 2025.
AMENDMENT NO. 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
Section 1. Section 2.0 (Term) of the March 27, 2023 Agreement is hereby amended for a three-month extension to expire December 31, 2025, to read as follows:
The term of this Agreement shall commence on
March 15, 2023 and shall remain in full force and effect until December 31, 2025 unless sooner terminated as
provided in Section 5.0 of this Agreement.
Section 3. All references to the term “Agreement” throughout Sections
1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 2, dated August 11, 2025, as if all of those terms are fully set forth therein.
Section 4. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect.
Section 4. The person executing this Amendment No. 2 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 2 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH
By:_________________________
Patrick Gallegos, City Manager
Attest:
By:_________________________
Gloria D. Harper, City Clerk
Approved as to Form:
By:_________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: Stantec Consulting
Services, Inc.
By: __________________________
Name: Trevor Macenski
Its: Senior Principal
PROFESSIONAL SERVICES AGREEMENT
for
Environmental Consulting Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Stantec Consulting Services, Inc.
290 Conejo Ridge Avenue
Thousand Oaks, CA 91361
866) 782- 6832
This Professional Service Agreement ("the Agreement") is made as of March 27, 2023 the "Effective Date"), by and between Stantec Consulting Services, Inc. ("Consultant"), a New York corporation, and the City of Seal Beach (" City"), a California charter city, collectively, " the Parties").
RECITALS
A. City desires certain professional services of environmental consulting related to the California Environmental Quality Act.
B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20. 025( C), City desires to retain Consultant as an independent contractor to provide environmental consulting services.
C. Consultant represents that the principal members of its firm are qualified professional consultants and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.
D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1. 0 Scope of Services
1. 1. Consultant shall provide those services ( collectively " Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1. 2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1. 3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.
1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in a professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable 2 of 22
professional standards of care. The acceptance of Consultant' s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.
1. 5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2. 0 Tenn
2. 1. The term of this Agreement shall commence on March 15, 2023 and shall remain in full force and effect until March 30, 2025 unless sooner terminated as provided in Section 5. 0 of this Agreement.
3. 0 Consultant' s Compensation
3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $392, 254 ( three hundred ninetytwo thousand, two hundred and fifty-four dollars) for the Term. The City Manager may approve, in writing, an additional expenditure of up to 5 percent, or $ 19,613, for unforeseen contingencies.
4. 0 Method of Payment
4. 1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within thirty ( 30) calendar days of receipt of each invoice as to all non -disputed fees. If City disputes any of Consultant' s fees, within thirty ( 30) calendar days of receipt of an invoice City will give written notice to Consultant of any disputed fees set forth on such invoice.
City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement.
3 of 22
5. 0 Termination
5. 1. Termination by City.
5. 1. 1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5. 1. 2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
5. 1. 3. Termination by City for Consultant's Breach. At City's option, if Consultant defaults in the performance of this Agreement, City may serve a written notice of breach and demand to cure, whereupon Consultant shall have 15 days after service upon it of such notice and demand in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement immediately and without further notice or prejudice to any other remedy to which it may be entitled at law, in equity. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of any such default.
5. 2. Termination by Consultant.
5. 2. 1. This Agreement may be terminated by Consultant based on reasonable cause, upon giving City written notice thereof not less than 30 days prior to the date of termination.
5. 2. 2. Termination by Consultant for City' s Breach. At Consultant' s option, if City defaults in the performance of this Agreement, Consultant may serve a written notice of breach and demand to cure, whereupon City shall have 15 days after service upon it of such notice and demand in which to cure the default by rendering a satisfactory performance. In the event that City fails to cure its default within such period of time, Consultant shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement immediately and without further notice or prejudice to any other remedy to which it may be entitled at law, in equity. The failure of Consultant to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of any such default.
5. 3. Obligations upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5. 1, or immediately upon City's acknowledgment of receipt of Consultant's notice of termination to City under Subsection 5. 2. Upon termination, City shall be immediately given title to and 4 of 22
possession of all Work Product ( as defined in Subsection 12. 1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination.
Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.
6.0 Party Representatives
6. 1. The City Manager is the City' s representative for purposes of this Agreement.
6. 2. Christine Abraham is the Consultant' s primary representative for purposes of this Agreement. Trevor Macenski shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.
7. 0 Notices
7. 1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Stantec Consulting Services, Inc.
290 Conejo Ridge Avenue
Thousand Oaks, CA 91361
Attn: Trevor Macenski
7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
5 of 22
8. 0 Permits and Licenses
Consultant and all of Consultant' s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.
9. 0 Independent Contractor
9. 1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant' s employees or other personnel under Consultant' s supervision. Consultant will determine the means, methods, and details by which Consultant' s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
9. 2. All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of City's employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant' s personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant' s choice, except ( 1) as otherwise required for the performance of Services on City real property, vehicles or equipment; ( 2) as otherwise may from time to time be necessary in order for Consultant' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
9. 3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant' s personnel in connection with their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such 6 of 22
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
9. 4. Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s negligence or willful misconduct in its personnel practices, or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
10. 0 PERS Compliance and Indemnification
10. 1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law (" PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 (" PEPRA" ),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.
10. 2. Indemnification. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify 7 of 22
and hold harmless City, and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section 10. 0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant' s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.
11. 0 Confidentiality
11. 1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, other information and other Work Product ( as defined in Subsection
12. 1) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary," provided Consultant gives City notice of such court order or subpoena.
11. 2. The restrictions on the use and disclosure of the confidential information shall not apply to information which ( a) was known to Consultant before receipt of same from City; or ( b) becomes publicly known other than through Consultant; or ( c) is disclosed pursuant to the requirements of a judicial order, but only to the extent required to comply with the requirements of the judicial order.
11. 3. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City' s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 8 of 22
11. 4. Consultant' s covenants under this Section shall survive the termination or expiration of this Agreement.
12. 0 Ownership of Work Product
12. 1. All field notes, draft and final reports, drawings, specifications, other documents and written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement ( collectively " Work Product") shall be considered to be " works made for hire" for the benefit of the City. Except as otherwise provided in Subsection 5. 3, " Obligations Upon Termination," all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5. 3, and may be used, reused or otherwise disposed of by City without Consultant's consent. Any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City' s own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product.
12. 2. Upon expiration of the Agreement, or upon termination of the Agreement by City or Consultant, Consultant upon full payment of monies owed in accordance with Subsection 5.3 for Work Product created prior to the date of termination, hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to the paragraph directly above this one.
12. 3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/ or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of 9 of 22
the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: ( 1) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/ or termination of this Agreement.
12. 4. Upon expiration or termination of the Agreement and except as otherwise provided in Subsection 5. 3, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. The parties acknowledge that the authenticity, integrity or completeness of data files supplied in electronic format ("Electronic Files") cannot be guaranteed. Consultant and City shall each bear any loss or damage to the extent caused by or arising out of its own acts or omissions.
13. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
14. 0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City' s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, " assignment" and " delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
15. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided 10 of 22
in sufficient detail to permit an evaluation of all Services in connection therewith.
All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
Notwithstanding the foregoing, City' s right to inspect, copy and audit shall not extend to the composition of Consultant' s rates and fees, percentage mark- ups or multipliers but shall apply only to their application to the applicable units, hours and/ or tasks used in determining the costs charged to City.
16. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
17.0 Insurance
17. 1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence reasonably satisfactory to the City that Consultant has secured all insurance required under this Section.
17. 2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:
17. 2. 1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $ 2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the 11 of 22
latest version of Insurance Services Office Commercial General Liability coverage occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;
17. 2. 2. Automobile Liability Insurance: Consultant shall maintain limits no less than $ 1, 000, 000 per accident for bodily injury and property damage.
Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto).
17. 2.3. Workers' Compensation Insurance in the amount required by law; and Employer' s Liability: $ 1, 000, 000 per accident and in the aggregate for bodily injury or disease.
17. 2. 4. Professional Liability ( or Errors and Omissions) Liability, with minimum limits of $ 1, 000, 000 per claim/ aggregate. If a " claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.
17. 3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
17. 4. Additional Insured.
17. 4. 1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.
17.4. 2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.
17. 4. 3. These additional insured provisions shall also apply to any excess/ umbrella liability policies.
17. 5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: ( 1) coverage shall not be 12 of 22
suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;
17. 6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant' s scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its elected and appointed officials, officers, employees, agents. designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant' s insurance and shall not be called upon to contribute with it;
17. 7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.
17. 8. Deductibles and Self -Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or 2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
17. 9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.
17. 10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant' s expense, 13 of 22
the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
17. 11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City' s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
17. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant' s liability or as full performance of Consultant' s duty to indemnify City under Section 18. 0.
17. 13. Broader Coverage/ Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by Consultant, up to the. limits of Consultant' s standard insurance certificate levels, e.g., $ 3 million professional liability, $ 2 million/$ 4 million commercial general liability, $ 5 million umbrella, and $ 1 million auto. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
17. 14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 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 City, Consultant shall be required to ensure that its subcontractor provides and maintains 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 Consultant, but in all other terms consistent with Consultant' s requirements under this Agreement. This provision does not relieve Consultant of its contractual 14 of 22
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 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 City for review.
18. 0
Indemnification, Hold Harmless, and Duty to Defend
18. 1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively Indemnitees" in this Section 18. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense ( collectively " Claims"), in law or in equity, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code Section 2782. 8( c). Notwithstanding the foregoing and as required by Civil Code Section 2782. 8( a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant' s proportionate percentage of fault.
18. 2. Other Indemnities.
18. 2. 1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively " Liabilities"), in law or equity, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to the acts or omissions of Consultant, its officers, agents, servants, 15 of 22
employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, except for Liabilities arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
18.2.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10. 0.
18. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify and hold harmless the Indemnitees from and against any and all Claims to the same extent as outlined in Subsection 18. 1 with respect to performance of professional services, and Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities to the same extent as outlined in Subsection 18. 2 with respect to all other indemnities, including all Claims and/ or Liabilities, in law or equity, whether actual, alleged or threatened, to the extent arising out of, pertaining to, relating to the acts or omissions of Consultant' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims and/ or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
18. 4. Workers' Compensation Acts Not Limiting. Consultant' s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.
18. 5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required 16 of 22
pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees.
18. 6. Survival of Terms. Consultant' s indemnifications and obligations under this Section 18. 0 shall survive the expiration or termination of this Agreement.
19. 0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.
20. 0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
21. 0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.
22. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
17 of 22
23. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
24. 0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.
25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.
26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be ( 1) effective unless it is in writing and signed by the Party making the waiver, ( 2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states.
27. 0 Prohibited Interests; Conflict of Interest
27. 1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with 18 of 22
which Consultant has been retained.
27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest' under applicable laws as described in this Section.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant' s work or services. Acceptance of payment shall be any negotiation of City' s, check or the failure to make a written extra compensation claim within ten calendr days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/ or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
29. 0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount 19 of 22
held by City or may withhold payment otherwise owed to Consultant under this Agreement up to the amount of the cost of correction.
30.0 Non -Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
31. 0 Mutual Cooperation
31. 1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant' s proper performance of the Services required under this Agreement.
31. 2. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant' s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.
34. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
35. 0 Corporate Authority
20 of 22
The person executing this Agreement on behalf of Consultant warrants that he or she isi,duly authorized to execute this Agreement on behalf of said party and that by his(Wher execution, the Consultant is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
21 of 22
CITY OF SEAL BEACH
Attesi
IS
Approved as to Form:
By:
Nicholas Ghirelli, City Attorney
CONSULTANT: Stantec Consulting
Services, Inc., a Yor c rporation
By:
Name: Trevor Macenski
Its: Senior Principal
By:
Name:
Its:
Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: ( i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
22 of 22
EXHIBIT
Consultant' s Proposal
Stantec Consulting Services Inc.
290 Conejo Ridge Avenue, Thousand Oaks, CA 91361
Stantec
October 3, 2022
Attention: Ms. Alexa Smittle
Community Development Director
Department of Community Development
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Electronically submitted to: asmittle@sealbeachca. gov
Dear Ms. Alexa Smittle,
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
At your request, Stantec Consulting Services Inc. ( Stantec) has prepared this scope of work to prepare a Program Environmental Impact Report (EIR) for the City of Seal Beach General Plan Zoning Code Updates Project, for the City of Seal Beach ( City), California, pursuant to the California/Environmental Quality Act CEQA). This revised proposal includes amended scope, schedule and fees related to transportation planning services, the noise assessment, the evaluation of hazards, and provides some additional revisions/ clarifications based on our recent meetings with the City.
As members of the community and with Southern California offices in that include the cities of Los Angeles, Long Beach, Irvine and others, we are well versed in executing CEQA documents proposed in the region.
Stantec has an exemplary history of producing objective, cost- effective and timely CEQA documents and technical reports for the City, as well as having recently assisted with environmental permitting for projects in the Los Cerritos Wetlands area.
Stantec is committed to providing responsive and highly capable environmental practitioners to assist the City with the Project. Our team is experienced in preparing CEQA documentation for both public and private agencies and for all types of projects. We are able to provide seamless and flexible consulting services to accommodate expedited project processing, expansive public outreach programs, and advanced understanding of public infrastructure projects; all will help maintain the Project schedule and stay within budget. Stantec looks forward to preparing the Program EIR for the Project and we encourage you to reach out if you have any questions or concerns. Our contact information is included at the end of this proposal.
Introduction
The City is proposing to prepare the Program EIR for the Project in order for the City to implement its Housing Element. The City is working with the California Department of Housing and Community Development ( HCD) to demonstrate their compliance with the mandated Regional Housing Needs Assessment (RHNA) allocation. The City's current Housing Element has not yet been certified by HCD, and the potential impacts of the increased residential density resulting from the required zoning updates needs to be addressed. As the City does not have a current General Plan EIR, preparation of a Program EIR is required to focus on the potential impacts caused by Project implementation. The new zoning resulting from giign wrffi community in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
Project implementation would result in increased densification and intensification of low- and moderate - income residential uses at 11 identified candidate sites in various locations across the City. The focus of the environmental evaluations will be the areas around these 11 identified candidate sites.
The City would be the CEQA Lead Agency for the Project. Stantec will review and use information provided by the City to prepare the EIR, including the City' s General Plan, 2021 Housing Element, Zoning Code and Maps, 2020 Urban Water Management Plan, Orange County Transportation Analysis Model ( OCTAM) to assess vehicle miles travelled ( VMT), and any other relevant data or information provided by the City.
Stantec anticipates that a Program EIR will provide the appropriate level of CEQA review for the Project. As provided in CEQA Guidelines Section 15168( a), a Program EIR is appropriate for projects which are "... a series of actions that can be characterized as one large project and are related either:
1. Geographically;
2. A logical part in the chain of contemplated actions;
3. In connection with issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or
4. As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effect which can be mitigated in similar ways." Section 15168( b) of the CEQA Guidelines states: "Use of a Program EIR can provide the following advantages. The Program EIR can:
1. Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action;
2. Ensure consideration of cumulative impacts that might be slighted in a case- by-case analysis;
3. Avoid duplicate consideration of basic policy considerations;
4. Allow the Lead Agency to consider the broad policy alternative and program -wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts; and
5. Allow reduction in paperwork."
Future discretionary actions resulting from Project implementation, and specifically those related to residential development projects, would be required to prepare individual project -specific evaluations to determine consistency with the analysis provided in the proposed Program EIR.
Stantec Project Team
We understand the value of assigning quality leadership and experienced resources staff to complete projects within schedule and budget. We have assembled a Project team that will provide a wide range of Desiga vAib community in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
cost-effective, timely, high-quality technical services that meet environmental regulations and agency requirements. The selection of team members was based upon four key factors:
Technical expertise in issue areas of concern to the City Prior experience with similar projects near Seal Beach
Demonstrated ability to comply with schedule constraints Demonstrated ability to effectively communicate and present technical information to the public Our Project team includes experts in key environmental fields who provide the technical credibility to successfully produce the necessary technical studies and finalize a comprehensive environmental document. Professional technical analyses are essential to ensure the environmental document is deemed credible, objective, and technically sound in the eyes of the lead agency and the public.
Of equal importance to the technical ability of the team members is their previous experience working on complex projects involving substantial public and stakeholder input, which helps the team produce the highest quality work product.
Key strengths associated with Stantec' s Project team include:
Established working relationships between team members
Technical expertise in areas specific to the Project
Ability to assign key management and senior staff immediately upon contract award with the intent of meeting the schedule requirements
Brief descriptions of the Project management team are provided below Project Management Team
Principal in Charge - Trevor Macenski
Trevor is a Senior Principal and Geographic Technical Leader for Assessment and Permitting in the United States for Stantec's Environmental Services Impact Assessment, Permitting, and Compliance division. As an environmental scientist with advanced understanding of land use planning, he specializes in developing comprehensive environmental compliance strategies for complex, multi- component development projects from environmental and land use -based siting to impact assessment, and agency permitting through construction. Trevor focuses on complex and controversial projects under federal and state laws. Trevor brings a creative problem - solving approach to his role as a liaison between the various participants in the planning, permitting, and project development process, including project sponsors, engineers, attorneys, lead and responsible agencies, and concerned community groups. He is experienced with public involvement processes and is a skilled public presenter. Trevor has authored more than 150 CEQA documents, including 25 EIRs, and has worked on two published CEQA cases. As an experienced environmental impact assessment practitioner and educator, Trevor served as adjunct faculty at the University of California, Davis, teaching environmental impact assessment methodologies. He is on the Association of Environmental Professionals: Advanced CEQA Practitioners List, which allows him to teach concerning annual statewide CEQA updates, and he is a Planning Commissioner for the City of Benicia.
Design wits; communily in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
For the Project, Trevor will serve as the liaison between the Stantec team and the City, as needed. He will ensure that information is distributed appropriately, comments regarding Project -related issues are communicated effectively and efficiently, and financial performance is tracked regularly (i. e., invoices).
Trevor will serve as the primary point of contact with the City along with Christine Abraham.
Project Manager - Christine Abraham
Christine is a Principal Environmental Planner, focusing on environmental review and CEQA compliance documentation. Christine manages Stantec project teams and contributes analytical work products documenting CEQA compliance for agency decisions related to urban development, redevelopment, and infill projects. She has prepared and managed all levels of CEQA documentation, from Notices of Exemption and Initial Studies in support of Mitigated Negative Declarations ( MNDs) to EIRs. In addition to document preparation, Christine draws from her legal background, as a Member of the State Bar of California, to provide a thorough peer review of environmental documents to ensure defensibility, as well as engaging in litigation support when needed. She is highly organized, an effective communicator, and understands what it takes to successfully coordinate and track multidisciplinary project teams for complex and controversial projects. Christine will be responsible for the day-to- day coordination of CEQA documentation, ensuring that the Stantec' s CEQA practitioners and subject matter technical experts are on task and delivering technically sound, legally defensible documentation. Christine will confirm that the Stantec team has adequate resources to respond to your needs and deliver high quality projects efficiently and in a timely manner. Christine has the authority to reassign staff and pull additional resources as needed.
Scope of Work
Task 1: Project Initiation & Project Description
Task 1 a: Project Initiation and Kick -Off Meeting
Upon Project authorization, Stantec will meet virtually the City to initiate this scope of work. Lines of communication will be established, and the scope of work, schedule, and cost estimate will be reviewed and may be refined. To maximize efficiency, Stantec' s kick-off meeting agendas often include, but are not limited to, the following:
Introduce and establish lines of communication among the Project team members and identify roles and responsibilities.
Identify, discuss, and revise, as necessary, the scope, methodology, content, approach, and schedule for completion.
Review/ refine the Project objectives.
Discuss the schedule for providing information to Stantec for documents required for preparation of the Program EIR.
Stantec will review information provided by the City and prepare a data needs memorandum of any outstanding data needs. Stantec' s Project Manager will be responsible for overseeing our quality Design wifh commun ly in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
assurance/ quality control (QA/QC) plan and will work closely with our technical leads and our highly experienced editor who will review all written work products prior to submittal.
Deliverables:
Kick-off meeting with agenda, with up to three (3) Stantec Environmental Services Staff (virtual) Meeting notes/ action items list (electronic)
Preparation of Data Needs Memorandum ( electronic)
Task 1 b: Project Description
The Project Description is the "sine qua non" of the EIR, or in layman's terms, an essential and indispensable element. One of the first key actions will be the formulation of a working Project Description for the proposed Project. We will work closely with the City to establish Project objectives and to prepare a Project Description that accurately describes how the overall objectives are met. The Project Description will include a comprehensive overview of all the Project characteristics, as well as a detailed description of related projects, which would be included as an approved, up-to-date list provided by the City for purposes of cumulative analyses. The Project Description will, at a minimum, include the following:
Project Characteristics
Project Objectives
Regional and Local Setting
Project Development Data
Graphic Representations of the Project
Project Design Features
Related Projects
Construction Phasing Timeline
Required Approvals
Deliverable:
Preparation of Draft and Final Project Description ( electronic) Assumptions:
Any changes to the Project Description after it has been approved by the City could result in changes to the later environmental analysis. Resulting revisions would be considered out of scope.
One consolidated set of comments on the Project Description.
Oesian with communify in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
Task 2: Preparation of Technical Studies
Task 2a: Air Quality, Greenhouse Gas and Energy Study
Air Quality
The proposed Project would result in increased residential development on a City-wide level, which would result in additional emissions of criteria air pollutants.
The Project is in the South Coast Air Basin, which is designated nonattainment for ozone and particulate matter 2. 5 microns or smaller ( PM2. 5) under the California and National Ambient Air Quality Standards AAQS), nonattainment for lead ( Los Angeles County only) under the National AAQS, and nonattainment for particulate matter 10 microns or smaller ( PM 10) under the California AAQS ( CARB 2022). As such, the primary pollutants of concern are ozone precursors - reactive organic gases or volatile organic compounds ROGs/VOCs), oxides of nitrogen ( NOx), and PM.
Regional Analysis: Stantec will provide an air quality impact assessment technical memorandum which will include emissions modeling, methodology, and assumptions, as well as model outputs. The analysis will follow guidance provided by the South Coast Air Quality Management District ( SCAQMD) and will compare the emissions estimates to SCAQMD regional thresholds. Stantec will use a combination of the California Emissions Estimator Model and/ or EMFAC to calculate the increase in emissions from the proposed Project. For mobile source emissions, Stantec will compare the net difference in proposed project vehicle miles travelled ( VMT) compared to the baseline VMT. Stantec will also evaluate Project alternatives using the above methodology as well.
Localized Significance Thresholds: SCAQMD also has localized significance thresholds ( LSTs); however, because there is no defined project with a construction schedule and equipment list, the LST evaluation would not be applicable. Stantec will recommend best practices for minimizing emissions with the potential to cause an exceedance of LSTs.
Health Risk Assessment: A health risk analysis is required of projects that require the use of chemical compounds identified in SCAQMD Rule 1401 or placed on the California Air Resources Board' s ( CARB) air toxics list pursuant to Assembly Bill 1807, the Air Contaminant Identification and Control Act ( 1983) or placed on the EPA's National Emissions Standards for Hazardous Air Pollutants. SCAQMD has identified the following risk thresholds. Residential uses do not use substantial quantities of toxic air contaminants TACs) and typically do not exacerbate existing hazards. Accordingly, a quantitative health risk assessment will not be prepared. If sensitive uses, such as nursery schools or senior housing, are being developed, additional assessments may be required for an additional fee.
Buildout of the proposed project could result in siting sensitive receptors ( e. g., residential) near sources of emissions ( e.g., freeways, industrial uses, etc.), which could expose sensitive receptors to potential air quality -related impacts. In California Building Industry Association v. Bay Area Air Quality Management District ( 2015) 62 CalAth 369 ( Case No. S213478) the court found that CEQA does not require analysis of the potential environmental effects from siting sensitive receptors near existing sources. As such, Stantec will provide a qualitative discussion focused on best practices for siting sensitive uses in accordance with Design with communliy in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
existing guidance from the SCAQMD and the California Air Resources Board and any applicable General Plan policies.
Greenhouse Gases
The air quality modeling prepared for the criteria air pollutants will be used to generate emissions estimates of GHG gases limited to: carbon dioxide ( CO2), methane ( CH4), and nitrous oxide (N20). The interim SCAQMD GHG thresholds of will be used to determine the project' s significance as well compliance with applicable regional and State plans developed for the reduction of GHG emissions, such as the Regional Transportation Plan/ Sustainable Communities Strategy and the Scoping Plan.
Energy
Stantec will use the modeling information from air quality and greenhouse gases to estimate the Project' s increase in energy use from the baseline compared to the buildout horizon year. Stantec will estimate the project' s increase in natural gas, electricity, and vehicle fuels for the buildout horizon compared to the baseline year.
Assumptions:
Baseline VMT and Project VMT will be provided.
A qualitative assessment of CO hotspots will be provided. If it is later determined that a quantitative assessment of CO is necessary, a budget augment will be requested.
Major changes to the project features, design, schedule or other parameters that precipitate revisions to the emissions modeling may also warrant a budget augment.
Changes to the Project that occur after completing the analysis that require re -modeling will be considered additional work that is not covered by this scope of work.
A qualitative LST and HRA assessment for construction and operations is proposed.
The Project is not considered a source of substantial odors. A qualitative assessment of odors will be provided, which documents the distance to any odor sources relative to the BAAQMD's guidance.
This scope of work includes one round of review and assumes one draft and one final deliverable.
Task 2b: Biological Resources Assessment
Stantec will a Biological Resources Technical Report (BRTR) to support the preparation of the Program EIR that will analyze the potential construction of housing projects at 11 different sites ( per the 2021- 2029 City of Seal Beach Housing Element). Stantec is not proposing any field level reconnaissance level surveys as part of this effort but proposes to conduct a desktop review for each of 11 potential sites and provide information on special -status species and/or habitats that may have the potential to occur. In order to provide the City with enough specificity to identify the potential resources at each site and provide recommended mitigation measures for various species and habitats, each site plus a 10 -mile buffer will be analyzed. ,
Desktop Review: A literature review will be performed in conjunction with the field surveys for the project site. A review of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database ( CNDDB) will be conducted for the U. S. Geological Survey' s ( USGS) 7. 5 -minute topographic Design with communily In mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
quadrangle in which the survey(s) occur along with the adjacent eight quadrangles. The purpose of the review is to determine the special -status plants, wildlife, and vegetation communities that have been documented within the vicinity of the project. Additional data regarding the potential occurrence of special - status species and policies relating to these special -status natural resources is generally gathered from the following sources:
State and federally listed endangered and threatened animals of California CDFW Special Animals List
CDFW California Wildlife Habitat Relationships
CNPS Inventory of Rare and Endangered Vascular Plants of California Consortium of California Herbaria
Locally Important Species Lists
United States Fish and Wildlife Service Information for Planning and Consultation (I PaC) online tool Aerial photographs of the location to be surveyed and surrounding areas Upon completion of the desktop review Stantec will prepare a BRTR that presents the findings of the reviews for each of the sites, a map of special -status species records, an analysis of the potential for special -status species to occur, and avoidance/ mitigation measures for sensitive resources.
Deliverables:
Draft and Final Biological Resources Technical Report: electronic copy (Word and PDF) Assumptions:
A GIS shapefile for the location of each of the 11 sites will be provided to Stantec before the desktop review can begin.
No fieldwork is proposed as part of the proposed tasks.
This scope of work includes one round of review and assumes one draft and one final deliverable.
Task 2c: Cultural and Tribal Cultural Resources Assessment In order to analyze of the potential impacts of the General Plan Zoning Code Updates on cultural archaeological and tribal) and historical resources under CEQA, and pursuant to Public Resource Code Section 21084. 1, Stantec will conduct a desktop analysis to assess cultural resources conditions throughout the City. Stantec will prepare a cultural resources technical report, as well as the cultural and tribal cultural resources sections of the Program EIR, inclusive of the following tasks:
Literature Review
Stantec cultural resources staff will conduct background research at multiple repositories. As part of the archival research, the following sources will be consulted: the California Archaeological Inventory Records, National Register of Historic Places ( NRNP), California Register of Historical Resources ( CRHR), California Historic Landmarks list, California Points of Historical Interest, Built Environment Resources Directory, and Historical Landmarks and Points of Historical Interest for Orange County. Research about the region and selected potentially historic properties will be developed as part of a historic context. Additional on- line sources will be accessed and reviewed to further enhance the understanding of the City. Such sources may Design wRh community in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
include modern and historic maps, historic aerial imagery, newspaper archives, as well as other sources i. e., historic society, library).
Record Search
Stantec cultural resources staff will request a records search from the South -Central Coastal Information Center ( SCCIC) of the California Historical Resource Information System ( CHRIS), located at California State University, Fullerton. Based on a preliminary review of the candidate sites, Stantec assumes that of the 11 candidate sites for potential rezoning, only 5 will require a records search. Stantec will define a'/<- mile study area surrounding each of the sites to determine the type of cultural resources that were previously documented within and/ or near the site, as well as previously conducted cultural resources surveys, excavations projects, and regional overviews. Inclusion of additional sites as part of the records search request will require a change order/contract modification.
Sacred Lands File Search and Native American Consultation As part of Assembly Bill ( AB) 52 and Senate Bill 18 compliance pursuant to the CEQA, Stantec will complete a Sacred Lands File and Tribal Contacts List Request with the Native American Heritage Commission (NAHC) in Sacramento. Using the list of NAHC provided contacts, Stantec will prepare and mail Native American outreach letters on letterhead provided by the City. The letters must be signed by a City staff person and include the contact information for the City as the primary point of contact. The City will provide Stantec with all comments received in response to the outreach letters, and Stantec will maintain a log of all contact and communication, which will be submitted to the City with the final report.
Stantec will also attend up to two ( 2) consultation meetings with Native American tribes/ organizations.
Stantec assumes that all meetings will be virtual, and that no in- person meetings will be required.
Technical Report
Stantec will prepare a draft Cultural Resources Technical Report for the Project. The report will discuss the proposed project, regulatory framework, research methodologies, and prehistoric and historic contexts. It will include a summary of the records search results and literature review. It will also provide an analysis of the potential project impacts on identified cultural resources as well as mitigation measures and recommendations.
Stantec will revise the draft technical report based upon one round of comments. The final report will be submitted electronically as a Word and PDF document to the City. It will also be submitted to the SCCIC within 45 days of project completion.
Deliverable:
Draft and Final Cultural Resources Technical Report: electronic copy (Word and PDF) Assumptions:
Excludes fieldwork ( i. e., archaeological survey, test excavation, architectural resource inventory and/ or evaluation). Any fieldwork will require a change order/ contract modification.
Qedgn v4h communfly in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
Excludes costs associated with tribal monitors, which would require a change order/ contract modification.
Excludes consultation with interested parties ( i. e., parties other than Native American tribes, organizations and individuals), attendance at public meetings, or preparation of responses to public comments. Any consultation with interested parties will require a change order/ contract modification.
Record search fees are set by the California Historical Resources Information System. An estimate is provided based on the assumption that 5 of the 11 candidate sites for potential rezoning. If the final invoice is more than the estimate provided, a change order/contract modification will be necessary.
City of Seal Beach will provide Stantec with GIS parcel boundaries and Orange County assessor data for parcels within the city boundaries once the Notice to Proceed is approved.
Within 14 days of a decision to undertake the Project, the City shall provide written notification to the Tribes that requested placement on notice list.
Notice to Tribes shall include brief Project description, location, and City contact information.
Tribes have 30 days to request consultation.
The City shall begin the consultation process within 30 days of receiving Tribe' s request for consultation.
Task 2d: Noise Impact Assessment
Stantec will develop a noise study within the Program EIR that will evaluate the proposed General Plan Zoning Code update impacts from noise. The noise evaluation would be directly incorporated into the Noise section of the Program EIR and will address the following elements:
Sensitive receptors and the existing noise environment. The current and future noise environment will be determined using the Noise Element in the City of Seal Beach General Plan and the Joint Forces Training Base Airport Land Use Plan.
Noise associated with construction activities. Stantec will use the Federal Highway Administration Roadway Construction Noise Model ( RCNM) as a tool for impact assessment.
Fixed -source noise. Requirements listed in Section 7. 15 " Noise" in the Seal Beach Municipal Code and the City of Seal Beach General Plan will be referenced.
Groundborne vibration. Stantec will use the Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines document for impact assessment.
Traffic noise impact. Using the traffic information provided for this study and general industry standard practice, determine the potential effect the zoning code update will have on local traffic counts and determine the impact to the neighboring communities.
Cumulative impacts.
Task 2e: Paleontological Resources Technical Report
Stantec will prepare a paleontological resources technical report in order to develop paleontological resources management recommendations for the General Plan Zoning Code Updates, pursuant to CEQA and Public Resources Code Chapter 1. 7, Sections 5097 and 30244. These statutes require reasonable Design wiin community In mind
October 3, 2022
Ms. Alexa Smittle
Page I I of 26
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
mitigation of adverse impacts to paleontological resources resulting from a project. Stantec' s paleontological resources assessment will be conducted to the standards of the Society of Vertebrate Paleontology ( SVP) and include the following tasks: A) Paleontological Resources Assessment; B) Technical Report; and C) Paleontological Resources Section. This scope of work is designed to address the CEQA Appendix G question, ' Will the proposed project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?" The paleontological resources assessment will consist of an analysis of existing data, assessment of paleontological potential, and recommendations. The analysis of existing data will consist of a review of the relevant scientific literature and geologic mapping, as well as the results of a museum records search of the collections of the Natural History Museum of Los Angeles County ( NHMLA). This background research will be used to identify the geologic units present at the surface or in the subsurface within the City and collect information regarding their lithology and if they have a history of preserving paleontological resources.
Stantec will use the results of the analysis of existing data to assign paleontological potential rankings of the SVP to the geologic units present in the City at the surface and in the subsurface. Should any high potential units be present, Stantec will develop recommendations that conform to the guidelines of the SVP ( 2010) and industry best practices ( e. g., Murphy et al. 2019) for avoiding impacts to any paleontological resources that might be present for future projects in Seal Beach.
Stantec will prepare a paleontological resources technical report ( PRTR) that addresses the findings of the study and assessments and will provide recommendations for mitigation activities.
Deliverable:
Draft and Final Paleontological Resources Technical Report: electronic copy (Word and PDF) Assumptions:
Stantec will revise the draft technical report based upon one round of City comments.
Record search fees are set by the NHMLA and estimated assuming the project intersects two LISGS 7.5 -minute topographic quadrangle and will not require expedited processing time.
It is assumed that a paleontological resources field survey will not be necessary. Should the project change such that a survey is necessary, additional costs for this will be incurred.
City of Seal Beach will provide Stantec with GIS shapefiles of the project area and any existing reports that are relevant, such as geotechnical studies or previous paleontological studies, once the Notice to Proceed is approved. Stantec will require 90 days from the receipt of these materials to complete the study.
Task 2f: Traffic Impact Assessment
Stantec will evaluate the project' s impact on transportation, including an analysis of vehicle miles traveled VMT). The analysis will address CEQA Guidelines regarding the analysis of transportation impacts where VMT is recognized as the most appropriate metric to evaluate a project' s transportation impact. The Governor' s Office of Planning and Research ( OPR) has provided a Technical Advisory ( December 2018) that recommends specific VMT significance thresholds that may constitute a significant transportation impact and lead agencies have the discretion to set or apply their own thresholds of significance. OPR Design vvith aQGmnun4 In rnlnd
October 3, 2022
Ms: Alexa.Smittle
Reference: Proposal to Prepare•the.City. of Sedl, Beach ' jeral Planloning- Code Up.dates:.Project Program Environ rental, ImpdctARepoit'
recommends use of aper -capita measurement of VMT for CEQA. analysis . based; on average V.MT .per resident,for evaluation of residential. .d`evelop`ment.;The`City-of:Seal Beach-,hassimilatlyadoptedaihresholds of significance consistent, the recommendation. Certaintyges of:development, such as a 9 -.
developmentwithin- a:-one- half:;mile. of anfezisting; maj& trc nsltrstop. can generally bexpresumed- to have a less tharrsignificant`impact.
The proposed project would change the
ceitain locationssthrouglout the. City: In
County Transportation AnalysisWodel=. 1
Engineer, -to:_evaluate th& project' s imps
based, on: informatiohAo:,be provide& by
be analyzed. Signifi0ant]mpacts-will?be
VMT guidelines. If the proposed project
mitigation measures will bwidentifiOL
zoning codato. allow for additional reside
ianbe with.,the,!Cityps' VMT°guidelinesi we
h., - or anoth6rasirnilar,model as approve(
up to th
the VMT thresholdsyof significance,
development. at
use: theQrange
the; City
ling, units -will be
ned1mthe.
reducing.
In addition to the CEQA analysis.. described. above, w_e;will: prepare an. assessment, of,the project?s. effect, on the City' s. roadwaysystem. The. analysis will,"be basednoaaverage•: daily traffic ( ADT) volumes and includes. the•collection. ofaraffic, counts: at up to 1.2 key:roadway segment s;in the ,City. Traffic volume forecasts prepared=using QCTAM will be incrementally,,added,tath'6 traffic_counts-to derive futurexconditions with the project. an& alternatives. The .findings from the;bnalysis will be provided .in- a, stand- alohe aechnical report separatefrom theaCEQA analysis.
Deliverable:
The -transportation assessment - will. be wholly contained= within the3ransportationsection, ofAhe Program' EIR; ind allirelevant data* d ,calculations will bean appendix to h, e CEQA Document.., The roadway ADT assessment wilhbe provided- in a stand- alone technical memorandum.
Assumptions:
Intersection level of service ( LOS)#analysis will not be required for the Project.
These: items are specifically excludedafrom. this scope. of work: Traffic counts; LOS analysis,.,site circulation andtaccess analysis, and "parking studies.
Task 2g: Water Supply Assessment
Stantec will prepare a. Water Supply Assessment to -support the`City's Program.;EIR for their General, -, Plan Zoning Code Updates. The California WaterCode requires, projects meeting specificKcriter; ia to consider:the available water supply. and -.demand .as.parf,of`the. CEQA analysis: These: requirements were added»in:.2001 With, the passage of Senate Bill ( SB) 6110 and` companion SB -221 legislation, and further modified, with the passage, of SB°1262;;which provides 6,'l inkio°SR610 and SB 221 andhfie Sustainable'`Groundwatet:
Management Act,of'201:4, which was con pF'ised of a three -Bill legislative. padkage.includingAB 1739'; •SB
1168, andrSB. 1349.. Stahtec,,will consider the -available inforrnation- i;egarding the water supplies, available to.. serve,the project,and. compare this information agaihst.an.assessment of;the _estiimated`r ater3denaand.. This analysis will. be presenfed' in. a tecfariical report`tFiat summanizessttaevresultsffor use_in the EIR.
Oedgn: vyit4 omt murk fh-rrritid
October 3,: 2022
Ms. Alexa Smittle"
Reference: Proposal. to Prepare theCity_of Seal• Beach, General PlanIoning Code" Updates: Project, P-rogram En4lronmentcl Impact Report
Deliverable:
Draft:Water S,upply Assessment' .6 weeks afternotice to proceed Final Water Supply Assessment Response;; 3 weeks after' receipt of a single setof. consolidated. comments on ,the%draft'
Assumptions:
City will provide Stantec with -.,' all available documents for background research.
Development of`
estiniafes, of exist g;watersupply and; demand will ;not be required.
All informationtriecessar y.todetermine' fututa;,watersupplyand; demand, is,readily available ( e. g., waterentitlernenfcontracts, Groundwater',S,ustainability, Plan;. City. Water supplyaourees. a'nd quantities and,:projected„.waterdem,ani s).
Proposed water duty^factors# or estimatiog: future demands for scenarios will: beprovided by City.
Projected. increases: inygroundwater extractions. for the project,- if any, will be. part,of a planned groundwater banking-' kin- quality management pbgramiand will hot lead toia'•long=term condition= of overdraft.
Information is- readily- available:;regarding any additional., groundwater wells that will.be developed, or capital4orks projedt.(e. gµ;• water,,treatment;:facilities)`that will be constructed a in operation: in
time for the ,distribution; of .the mwater riec-qssary to meet the needs -ofthe .Project.
No additional- hydraulic.orhydrologic" analysisJs ,required.
Task 3: Initial: Study and Scoping Meeting
Task 3a: Initial Study and Notice of -Preparation -
Based on the information provided ;bythe=City;.,discussic the:Project'ito date, the preparation::ofogran,..EIR,, is potential, impacts, of the Project, adtlre."ssingthe; compr accordance with°ahe most receht. apdate of Appendik,,'Q that the City: is'the CEQA, Lead...Agency,. having;,ptimary-i will consist of an of potential; enviro_nmental impactssthat which wilLbepresented for each;resource. ar,ea;" Impacts of impacts will be-measurea: against criteriaithat have be or other definable" criteria:, Information - sources -,will be -cit following environmentalf6ctors1',`
Aesthetics
Agriculture and:.Forestry Resources
Air -Quality
Biological. Resources
Cultural Resources
Energy
Geology. and Soils
Greenhouse Qds,:Emi9sibns
Hazar,ds.and Hazardous Materials
o; gcfa mtl i, m., r040ity in,'cni d
th City:,staff, and Stanteds.,understanding of
inted: T: ,h- - Program EIR would evaluate the
1 .
e-range. of; environmental: topic's ;in
CEQA Guidelines. Stantec-further vassumes
isibility.Jbr- oject approval. The lbitiat'Study
lyoccurk. as, a, WSUlt oft, Pfoject, implementation,
e assessed> and- descrioed,, and sidnifi"cance
tablisled; byregulation, .accepted' standards,
Je Initial Study will specifically evaluate=tfe
Hydrolbgy; and Water Quality
Lan.&Llse and Planning
Mineral, -Resources
Noise
Population and, Housing
Public"Services
Recreation
Transportation
Tribal."CulturahResources
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Utilities and Service Systems • Wildfire
The Initial Study will also include Mandatory Findings of Significance, Stantec will evaluate the Project' s potential to substantially degrade the quality of the environment, if it will have individually limited but cumulatively considerable impacts, and of the Project will have substantial adverse effects on human beings, either directly or indirectly. Impacts areas will be briefly summarized, and cumulative Project -related impacts will be evaluated qualitatively.
Through the Initial Study process, the Program EIR would be able to scope out obvious topics that would not require further evaluation in the EIR. At this time, Stantec assumes that topics such as Agriculture and Forestry Resources, Mineral Resources, and Wildfire will not require further evaluation in the EIR, an addition to several other subsections of environmental impact topics.
Stantec will also prepare the Notice of Preparation ( NOP), in compliance with City and CEQA requirements, in order for the City to upload to the State Clearinghouse website, submit to the Orange County Clerk Registrar, and distribute to the public.
Task 3b: Scoping Meeting
Pursuant to the Public Resources Code Section 21083. 9, a public scoping meeting, help in an open house format, will be held during the NOP comment period to gather public and agency comments on the scope of the Program EIR, approximately halfway through the NOP 30 -day review period. Stantec will attend the scoping meeting and assist the City in responding to questions regarding the environmental compliance process/ content of the EIR that might be raised by agency representatives and other interested parties, as well as identify resource areas that should be removed from the scope of the Program EIR. Based on City input, any comments from the public should be provided on comment cards or otherwise submitted in writing to City staff. Within one week of the Scoping Meeting, Stantec will provide the City with an electronic summary of comments received at the meeting. Stantec will assist in compiling a list of all the NOP comments as necessary.
Deliverables
Preparation of Draft and Public Review Initial Study ( electronic) Preparation of Draft and Final NOP for Public Review ( electronic) In- person attendance at Scoping Meeting by up to two ( 2) Stantec staff Consolidated electronic summary of comments received
Assumptions
Any changes to the Project Description after it has been approved by the City could result in changes to the environmental analysis in the Initial Study. Resulting revisions would be considered out of scope.
One consolidated set of comments on the Initial Study would be provided by the Project Team.
One consolidated set of comments on the Initial Study would be provided by the City and their team.
Design v4fh cornmunidy in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report The City would be responsible for development of mailing lists, all printing and mailing, and physical placement of the NOP at the appropriate public repository, as well as publication in the local newspaper.
The City would be responsible for uploading NOP to State Clearinghouse website.
The City would be responsible for submitting NOP to County Clerk/ Recorder.
No translation or stenography services would be required at the Scoping Meeting.
Task 4: Prepare Administrative Draft, Screencheck, and Public Draft Program EIR
Stantec will prepare the Administrative Draft Program EIR under this task, which will include a description of the Project, supporting map(s) showing the Project area and identified candidate sites, a list of Project objectives, and the probable environmental effects of the Project based on criteria contained in CEQA Guidelines.
The Program EIR will evaluate the potential Project impacts on the resource areas covered under CEQA following the Environmental Checklist, Appendix G of the 2022 CEQA Guidelines. Ourteam will compile all sections of the document, including figures and appendices, and will conduct a thorough internal senior review by the project manager, QA/ QC review, and editorial review to ensure an appropriate level of technical content, readability, and consistency prior to submittal to the City for review.
The Administrative Draft Program EIR will be prepared for the City. Stantec will then use the Administrative Draft Program EIR to develop the Screencheck Draft and ultimately the Public Draft Program EIR. While all resources will be analyzed in the Program EIR, per CEQA Guidelines, the following discussions highlight the resource considerations that we anticipate being critical to the Project:
Aesthetics
This section of the Program EIR will provide an overarching review of visual resources in the Project vicinity and the potential for visual impacts to occur as a result of Project implementation. The City' s General Plan will be used to determine the local significance of the area' s visual character. The candidate rezone sites are currently developed with various uses, and development of the Project could potentially affect the aesthetic character or quality of the existing visual environment. The potential visual resource impacts of the Project will be evaluated, and Stantec will utilize the information available to evaluate the potential visual and aesthetic impacts of the Project at a program level.
Air Quality and Greenhouse Gas Emissions
Stantec will provide an air quality and greenhouse gas assessment to support the CEQA document, as described under Task 2a above. The analysis will be wholly contained within the air quality and greenhouse gas sections of the Program EIR, with supporting documentation and modeling provided as an appendix.
The analysis will respond to the CEQA Guidelines Appendix G Checklist Questions for Air Quality and Greenhouse Gases.
0Psign wFflh oom.munify in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Biological Resources
This section of the Program EIR will address the biological resources in the Project vicinity and the potential for biological resources impacts to occur as a result of Project implementation, as described under Task 2b above. The analysis will be wholly contained within the biological resources section of the EIR document with the supporting technical studies provided as an appendix to the EIR.
Cultural Resources and Built Environment
Stantec will provide cultural resources support for archaeology and the built environment of the Program EIR, based on the evaluations described under Task 2c above. The analysis will be wholly contained within the cultural resources and tribal cultural resources sections of the Program EIR, with technical memos included as appendices to the Program EIR. This scope of work is not intended to comply with Section 106 of the National Historic Preservation Act ( NHPA) and Section 15064. 5( a) ( 2)( 3) of CEQA.
Energy
Stantec will determine potential energy use of the Project and the potential increases associated with Project implementation, consistent with modeling conducted for air quality and greenhouse gas emissions, as described under Task 2a above, to determine whether Project implementation would result in wasteful or inefficient use of energy.
Geology and Soils
The most important geologic hazard that could affect the Project is the risk to life and property from a large earthquake through either severe ground shaking, ground rupture, or liquefaction, especially due to the coastal location of City. In addition, soils with a high shrink -swell potential could create substantial risks to life or property. Project implementation could also result in substantial soil erosion. As the discussion of paleontological resources is now included in the Geology and Soils impact analysis of the CEQA Appendix G Checklist. Stantec will include an evaluation of potential impacts to Paleontological Resources based on the report as described in Task 2e. Stantec's approach to development of Geology and Soils section ofthe EIR will include the following:
Mapping and locating known active fault zones in the Project area.
Identify soil types and characteristics such as shrink -swell potential and unstable soil conditions.
Description of physiographic and topographic setting.
Description of local geology.
If geologic hazards are located within the Project area, a description of their significance and a description of how the Project would affect them.
Since future Project implementation would be performed according to the applicable building codes, which incorporate measures to ensure adequate building design in the event of earthquakes and unstable soils, there is not likely to be a significant Project -related impact associated with geologic hazards. Potential soil erosion and loss of topsoil will also be evaluated.
Design wain community In mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Incorporate findings of the Paleontological Resources Study. A significance analysis would be based on the California Register of Historical Resources eligibility criteria, or the National Register of Historic Places eligibility criteria, as appropriate.
Hazards and Hazardous Materials
Stantec will prepare the hazards and hazardous materials section of the Program EIR utilizing publicly available documentation, including data from the Department of Toxic Substances Control, Regional Board, and other regulatory agencies to determine the potential for encountering hazardous wastes within the Project area. A policy consistency review will be conducted to determine consistency with the Airport Environs Land Use Plan and relevant federal resources related to hazards associated with proximity to the Joint Forces Training Base.
Hydrology and Water Quality
Water resources issues addressed by Stantec staff will holistically evaluate include the following: water discharge, water quality degradation, alteration of drainage patterns and flooding hazards. During evaluation of water resources issues, Stantec will rely upon publicly available information to incorporate the following elements into this section of the EIR:
A narrative discussion and graphic identification of surface and groundwater bodies in the Project area including known beneficial uses
Identification of local and regional drainage characteristics, including representative flood studies and FEMA Flood Insurance Maps
Evaluation of the potential for fill of waters of the United States, streambed alterations, and water - quality changes resulting from construction and operation Evaluation of the potential for channel erosion or stream sedimentation.
Stormwater runoff and evaluation of the potential for water quality degradation.
Land Use and Planning
Stantec understands that the Project seeks to rezone parcels in various locations throughout the City, thereby requiring a General Plan Amendment. Existing conditions will be reviewed by Stantec, including a determination of current zoning site zoning and an examination of local land use plans and policies to determine Project consistency. The Program EIR's evaluation of land use will rely upon data from the most updated Housing Element and General Plan. Existing surrounding land uses will be identified and described to determine land use compatibility and to identify potential conflicts that could occur during future Project construction or operation. In evaluating land use issues, Stantec will consider the consistency/ compliance of the Project with federal, state, regional, and local land use plans and regulations, as well as the Project' s compatibility with the existing and planned land uses in the vicinity.
Noise
Stantec will provide a noise impact assessment to support the Program EIR, as described under Task 2d above. The noise analysis will be contained within the noise section of the EIR with the supporting Oesign with community in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report documentation and analyses provided as an appendix to the EIR, as required. Data will be evaluated for anticipated noise during and post -construction of the Project. The noise section will include an analysis of the construction and operational noise expected from the Project.
Population and Housing
Project implementation would result in growth related to population and housing; however, Stantec will evaluate the population and housing in the surrounding area, as well as projected growth plans regionally, in Orange County and the City. Stantec will identify the increase in population or housing requirements that could result from Project implementation and will evaluate the significance of any increases. Stantec will include the following elements in this section of the EIR:
Population and demographic characteristics and trends, as identified by the Southern California Association of Governments ( SCAG).
Estimates of Project construction and operation labor force requirements.
Significance of the Project on population and housing with respect to dividing existing communities or displacing existing residents.
Public Services
Stantec will use the most recent data available and contact relevant service providers to provide a description of existing City community services, including police and fire protection and schools. We will provide a description of potential impacts to existing conditions and services resulting from Project implementation.
Transportation
Using the transportation impact analysis prepared for the Project, as described above in Task 2f, a determination of Project impacts will be made using the City' s preferred capacity analysis methodology.
Impacts will be evaluated for an Existing -plus -Project scenario and for a Cumulative Conditions scenario based on cumulative Project information to be provided by the City. An evaluation of site access, including an assessment of on- site queuing, will be prepared. Mitigation measures for each identified significant impact will be investigated and identified, where feasible. The findings of the traffic study will be documented in a stand- alone traffic study with supporting documentation as attachments.
Tribal Cultural Resources
Stantec will provide an overview of the AB 52 process undertaken by the City, including the outcome of any requested tribal government consultation. Stantec will assist the City with outreach required under AB 52 to the City's most current list of tribal governments to notify them regarding the Project and solicit their input, as described under Task 2c above. An evaluation of any identified tribal cultural resources or properties that were disclosed as part of the AB 52 process will be provided.
Stantec' s approach to the evaluation of tribal cultural resources will include the following:
Designv fh communely in mind
October 3; 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City, of Seal Beach General, Plan Zoning .Code,Updates Project Program Environmental; Impact;Report An overview. AB 52.notification, activities.
A summa y.df:efforts to2discovdf4anytribal . cultural. resources in,,the Project vicinity.
A summaryofthe repults; ofA6 52tnbal- responses and. analysis of consultation dutcomes.
Utilities and Service Systems
This, section of the EIR will.address, potential_effects; related to theavailability and capacity of utilities -and services. Utilities, and- services, thatwill bd.addressed includesewerrNice, water service;. and solid' waste collection and disposal. This section,,will-discuss:whether any oVtl 'ese services or facilities is below°adopted standards, or near or'beyond their-capacity°taadequately. serve future Projects. Particular attention wil[ be. given to water demands that will result from long ,term operation of the Project. A Water Supply, Assessment WSA); pursuant fo SR:610, willbe required for thp.,Project, as provided4p Task. 2g above An analysis. of impacts that could, occur as a result of Project implementation will be presented for each element of the natural-and; built' environment.;;Baseline, conditions. will be qualitatively and quantitatively described. The boundaries, of tie affected„envirorim.ent will be estaflislied by definab e;geographic units such as-airshed, watershed, viewshed, and, sociozpolitical boundaries. -Impacts wilFbe:qualitatiyely and quantitatively assessed. -and described' as appropriate. Significance of,-impwill,be. measiired against criteria that have .been established. by.. regulation, accepted. standards, or other definable criteria.
Information sources wil.hbeoited
Wildfire
Stantec has confirmed that the City is not;located in a State Responsibility Area, a Local. Responsibility Area,.,or on land's. classified•as very high firebizard,; gv ity'zones,,as,designated by CALFIRE: Stantec will qualitatively. address wildfire. risk] n the Initial' StOdy, due to the sensitivity of this, topic, and:therrthis topic Will -be scoped out-of:the Prograrr( EIR.
Administrative Draff and Scre.encheck EIR
After receipt of public, ct:
after circulation7of the.,NOP and the Scoping Meeting, the. Project VI.
Description: will be finalized to,reflect the most, up to; date and final versiomof the proposed Project for preparation of a;legally,defensible Program EIR. -Anytopics scoped out.during .the Initial Study and scoping process will notbe evaluatedjfurther in=the Program _EIR. The final Project,Description.will include„intended uses, of the Program. ( as. required, Section 15124(4) of the CEQA Guidelines), -including a list _of r
related projects, 'responsibleand other agencies, -expected to use.the Program EIR in decision- making; and a lisfiof approvals# or.Wh' ich: the Program E- l, tie used.
Stantec will work_closelywith.- City.to eraft; three=(3), alternatives ( No. Project, an& two additional alternatives) for the Project;. pgrtiddltirly those needed to,address.,any potential, unavgidable andcsignificant= impacts associated 4ith, Project, implementation' Sfontec will. also ask the City for any<alternit iv already considered: The alternatives analysiswill, providd,a sufficient levehof,detail to_allow.decision makersto. gain a greater understanding; of all alternatives shoul& a determination be ren, dered4to. support- an alternative development' scenario: The alternatives sktion, Iltculmihate with,the selection ofthe environmentally superior, alternative ih:.accord'ance with' CEQA Alliimpacis iritheN,alternative_s analysis will be considered at L7.esigrl,wffh. bw- M"U.,riifiy in, 04104
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report a qualitative level. Alternatives could potentially include the following: no project; a reduced or increased residential density alternative; or a consideration of alternate sites.
Stantec will describe the reasonably foreseeable projects within a City -approved study area that may result in cumulative impacts associated with Project implementation. Cumulative or related projects are often defined as projects constructed, but not occupied; projects approved, but not constructed; or pending projects for which pre -filing or filing of an application has occurred. However, the evaluation area for cumulative impacts would vary dependent upon the technical issue to be addressed. Findings of recent court cases will be used to address all pertinent issues. Cumulative projects will be discussed for each technical issue. The potential for impacts and levels of significance are contingent upon the radius or area of interaction with the Project locations.
Stantec will prepare and submit one electronic copy ( MS Word) of the Administrative Draft Program EIR for the City and its team to review. It is assumed that the City's legal counsel would review and provide one set of consolidated comments, as would the separate review conducted by the City, on the Administrative Draft Program EIR. Upon receipt of the Program EIR comments, from both legal review and City review, Stantec will make necessary revisions and prepare and submit one electronic copy of the Screencheck Program EIR to the City. It is assumed that comments on the Screencheck Draft Program EIR will be minimal.
Deliverables:
Administrative Draft Program EIR— City Review: one electronic copy ( MS Word) Administrative Draft Program EIR— Legal Review: one electronic copy ( MS Word) Screencheck Draft Program EIR: one electronic copy ( MS Word) Public Draft EIR
After implementation of Screencheck comments, Stantec will prepare the Public Draft Program EIR. This is the version of the document which will be circulated to the public and agencies, posted on the City' s website, and sent to the State Clearinghouse. Stantec assumes that the City will prepare all public notices, newspaper notices, citizen mailings, etc., as well as planning and coordination of any public meetings. It is assumed that the City will be responsible for further distribution of the EIR as required by law.
Deliverables:
Electronic copy of the Draft Program EIR for City submittal to the State Clearinghouse Preparation of the electronic State Clearinghouse Summary Form for City submittal to the State Clearinghouse
Task 5: final EIR
Administrative Draft Final EIR
The City will compile and transmit to Stantec all written and emailed comments received on the Draft Program EIR. Stantec will confer with City staff to review written comments on the Draft Program EIR to Design v&hcommuni'ly in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report develop a general framework and strategies for preparation of responses. We will prepare thorough, reasoned, and sensitive written responses to relevant environmental issues. Master topical responses will be used to the extent possible.
Written comments on the Draft Program EIR received during the public review period are included in this section. Comments may vary from simple form letters to complex legal letters. Every comment letter is identified, followed by a tailored written response. When a comment is made by multiple parties, the response is provided the first time the comment is made, and all other similar comments are referred back to that response.
The format of the responses to all the comments is based on a unique letter and number code for each comment. The letter and number immediately following the letter refer to an individual agency, business, group, organization, or member of the general public comment. The number at the end of the code refers to a specific comment within the individual letter. Therefore, each comment has a unique code assignment.
For example, comment A- 1 is the first comment in letter A.
Comments received would be reviewed to determine whether there is substantial disagreement about the potential significance of impacts. Any issues raised concerning potentially significant impacts would be reviewed, addressed, and clarified. It is assumed that responses to comments will not exceed the lesser of 50 comment letters or 100 individual comments.
Final EIR
The City will provide the responses to comments to the applicable agencies at least 10 days prior to the public hearing. The Final Notice of Decision ( NOD) is assumed to be filed with the County Clerk within five 5) working days of Project approval. We assume that the City will provide the funds necessary for all filing fees at the time of filing the NOD.
The Final Program EIR will contain the following chapters and items:
Introduction and Overview of Draft and Final EIR Process Errata or Changes to the Draft Program EIR
Index to Comments and Responses
Each comment letter with individual comments bracketed and numbered followed by response to comments
Mitigation Monitoring and Reporting Program
Stantec will prepare a Mitigation Monitoring and Reporting Program ( MMRP) in accordance with Public Resources Code section 21081. 6. The MMRP will be designed to ensure compliance with adopted mitigation requirements during project implementation. In coordination with City staff, we will prepare the MMRP for mitigation measures that address significant impacts. After review and comment from the City on the Draft MMRP, we will revise the MMRP and will submit the Final MMRP with the submittal of the Final Program EIR.
Design wifn community In Tnind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report CEQA Findings
Stantec will draft written findings for each of the significant effects identified in the Program EIR, pursuant to Sections 15091 and 15093 of the State CEQA Guidelines. A Statement of Overriding Considerations will be prepared for all potentially significant impacts that would not be avoided or substantially reduced to a less than significant level. Stantec assumes that the efforts related to the Findings task will take no more than 50 labor hours.
Deliverables:
Preparation of Draft and Final EIR, including Errata, Responses to Comments and MMRP electronic)
Preparation of Draft and Final NOD for Public Review ( electronic) Preparation of CEQA Findings for City (electronic)
Assumptions:
The City would be responsible for physical placement of the NOD at a library (or other selected repository) and City Hall, as well as publication of notices in the local newspaper The City would be responsible to upload the NOD to the State Clearinghouse website (electronic) The City would submit the NOD to the County Clerk/ Recorder Compilation of the complete administrative record is not included in this scope of work and can be prepared for a separate scope and fee.
Task 6: Project Management and Public Bearings
Task 6a: Project Management and Coordination
Stantec will manage the preparation of the Initial Study and Program EIR and maintain close communication with City staff and Project team members. This task is intended to ensure the Project is running on time and within budget and is technically correct and legally defensible. Our Project Manager will provide management liaison among the Project team and City staff for communication of issues, transmittal of comments, financial management ( i. e., invoices), and other Project Management matters. Project Management for the Program EIR process will be carried out in accordance with Stantec's rigorous Project Management program. This is one of the benefits of having the document prepared by a single firm.
Stantec will attend up to ten ( 10) meetings with the City and their team. The Stantec management team will coordinate with the City on needs for the meetings including logistics, materials, and proposed agenda. The Project Manager and up to three ( 3) members of the Stantec team will attend these meetings.
Task 6b: Planning Commission and City Council Meetings
Stantec has extensive experience in public outreach programs and scoping, including public participation programs and public hearings. We will be present at public meetings and hearings to develop an Design wRh community in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report understanding of the public' s comments and concerns, be available to answer questions on environmental issues, and make presentations on the Program EIR.
Deliverable:
Participation in up to a total of 10 one-hour meetings during the Initial Study and EIR review process.
Public Hearings— Stantec will attend up to five ( 5) public hearings ( likely two Planning Commission, two City Council and one Environmental Committee), with up to three (3) Stantec staff members.
Assumptions:
The City will coordinate logistics and advertising for the hearings, including venue selection, and arrange for all necessary equipment and/ or special services ( i. e., stenography or translation services).
The cost estimate includes attendance by Christine and up to two (2) additional Stantec team members at the programmed meetings summarized below.
Early Consultation Meeting— Stantec will attend one ( 1) Project kick- off meeting with City staff and the Project team to review the project description, discuss critical Project items, and identify any known data or information gaps required to prepare the Program EIR.
EIR Review Meeting— Stantec will review City comments before coordinating review meetings to address any comments on the Administrative Draft Program EIR.
Public Meetings and/ or Hearings— Stantec will attend up to five ( 5) public meetings and/ or hearings, which may include the City's Environmental Quality Control Board, Planning Commission, and/ or City Council with up to three ( 3) Stantec staff members.
Additional meetings will be reimbursed at a cost of $2,500 per meeting for Christine and an additional Stantec team member to attend, with prior written authorization by the City.
SCHEDULE
The following is the proposed work schedule for the City' s General Plan Zoning Codes Update Project Program EIR, assuming authorization is received by January 1, 2023. it assumes that the Project Team and the City would provide timely feedback and comments on deliverables received. Stantec will work with City on finalizing this schedule during the initial Project kick off meeting, as the City may need more time for review periods.
Estimated
Work Product / Milestone Completion
Weeks)
Contract Awarded _ —
Week 1.
Project Initiation Meeting; Receipt of Approved Project Plans, and all Background Information.
Draft Project Description. for City Review
Design vfn community in mirid
Week 3
Week 5
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Estimated
Work Product / Milestone Completion
Weeks)
Receive Comments from City Week 7
rf Submit Draft InitialStudy and NOP for City Review Week 8 Revise Draft Initial Study and NOP after City Review Weeks 10 Stantec Submits Initial Study and NOP to City Week 11.
Issue NOP for 30 -day Review Period Weeks 12- 16
Nofice to Tribes — 30 days to request consultation ( City action) Week 11 EIR Scoping Meeting Week 14
NOP ( Comment Period) and AB 52 Request for Consultation Period Ends Weeks 16' City begins consultation 30 days after Tribes request to consult ,(City action) Week 17 Submit Administrative Draft Program EIR to City Weeks 18- 24 Revise Administrative Draft Program EIR after City Review Weeks 25- 27 Submit Screencheck Draft Program EIR to the City Week 28 Revise Screencheck Draft Program EIR after City Review Weeks 30- 32 Prepare Public Draft' Program EIR for Public Review Week 33 Distribute Public Draft Program EIR ( 45 -day review period) Weeks 34- 41 If End of Public Review Period and Receipt of Public. Comments from the City! Week 42 { Submit Admin Final Program EIR and Admin MMRP to City Weeks 43- 45 j Revised. Admin; Final Program EIR and Admin MMRP after City Review Weeks 46-48 Submit Final EIR, Final MMRP, Final NOD, Draft Findings and Statement of Overriding Week 49 Considerations to the City
tSubmit Final Findings and Statement of Overriding Considerations to the City Week 50 Public Hearings ( Planning Commission) TBD
Public, ( CityCouncil)
J
TBD.
P5711COST ESTIMATE
The cost estimate for preparing the EIR documentation in accordance with CEQA is shown below. The cost reflects the scope of work described herein, travel, and associated expenses. Should less meetings or inperson participation at meetings/ hearings be required, direct costs would be reduced below the estimates presented below.
Design v f*n communf; y in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Task ; a Budget
1 Task 1: Project Initiation and Project Description $ 15, 918 Task 2: Preparation of Technical Studies
Task, 2a: Air Quality, Energy and Greenhouse Gas Study and Health Risk Assessment Report ! 21, 815 Task 2b: Biological Resources Assessment 18, 905
ask2c: Cultural and Tribal Resources Assessment 42, 332 Task 2d: Noise Impact Assessment 3, 328
Task 2e: Paleontological Resources Technical Report 8,944 Task 2f: Traffic Impact Assessment 22, 790
Task 2g: Water Supply Assessment 36, 336
Task 3: Initial Study and Scoping Meeting 25, 648
Task 4: Prepare Administrative Draft, Screencheck and Public Draft Program EIR 103, 174 Task 5: Final Program EIR, MMRP, and CEQA Findings
Task 6: Project Management and Public Hearings
34, 3244
45, 510
Stantec Labor Subtotal $ 379, 024
Direct Costs, Records Searches, Mileage and Reimbursable Fees $ 13, 230 Total Estimated Fee 392, 254
Assumptions and Disclaimers
Additional assumptions used in determining the above Project schedule and cost estimate are provided below:
Scope Assumptions
This scope of work is considered preliminary and interim in nature. More specifically, it may be subject to revisions based upon feedback from the City's review of our proposal. Printing, mailing, physical noticing, event coordination and venue planning are not included in this scope of work.
City -Review Assumptions
The cost estimate assumes that the City will conduct a three-week review of the Administrative Draft Program EIR, and a two-week review of the Screencheck Draft Program EIR, resulting in the approximately 50 -week Project schedule presented above. Should the City determine that they require additional time for their review the schedule will change or additional rounds of revisions, then additional budget may be required. It is assumed that the City will provide one consolidated set of comments on each deliverable noted in this scope of work
Design vvrfn carnmua' rty in mind
October 3, 2022
Ms. Alexa Smittle
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Schedule Assumptions
Stantec will receive approved Project Description and construction plans, Project -related information, base maps, and any technical reports and water/ sewer/ stormwater capacity calculations.
The periods shown in the schedule assume a set amount of time for the City's review of each submittal. If review schedules change, the elapsed time of other tasks will be maintained.
All data resources will be deemed adequate by the City when provided to Stantec for use in the Program EIR.
As we are all aware, we are all working in unprecedented times as a result of the COVID- 19 pandemic. The situation is a very fluid one. Our proposal is based on what we understand as of today but may change as conditions change. We would be pleased to have a further discussion with you to share our respective plans and efforts to help manage and mitigate the impact of this evolving situation on your contract.
Regards,
Stantec Consulting Services Inc.
Christine Abraham
Principal Planner
Phone: 323- 363- 6834
christine. abraham@stantec. com
stantec. com
Oesign wifh community In mind
1. Trevor Macenski
Senior Principal
Phone: 916- 508- 4170
trevor.macenski@stantec. com
EXHIBIT B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to ( a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations (" DIR") implementing such statutes. Therefore, as to those Services that are " public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day' s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit
25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12. For every- subcontractor who..will:. perform work onl the, project, Consultant,. shall,- be responsiblefor such.subcontractor,8-tompliance.witliChapter 1 and Labor. Code- Sections 1:86`0- and 3700;: and Consultant shall inclbde. in the written contract,between its.and each n, r_= subcontractor a copy of those statutory provisions, an'd a requirement . that <each subcontractor spall .comply,.with thosefsfatutory 0ObVisions ., ConsuItant shall be required to take, all actions necessary to' - enforce such confractual provisions and ensure subcontraactdr' s compliance,_`includirig, without limitation, .conducting a periodic, review of the certifed,P'. rol[ records; ofthe subcontractor, and upon, becoming, aware of-.the:.i&lure of ;the subcontrtactor. to. PEv, pis: or her ;workers the. specified prevailih. ' rate of -wages:
Consultant shall diligently take correcfivre action toehalt-or rectify.any failure:
13: To the,, aximum .extent permitted,by,;.law, Consultant sh, all. indemnify, hold: harmless. and defend 4( at,°Consultanfzsnexpense with. counsel,= easonabl'* eptable-to.Citys) .City; its officials, officers, ,employees, agents. and :independent contractors .serving; in the role.: of City officials; aid vkolunteers from' ar%d -:against any demand or ,clai_rn .,,for ,damages; compensation, fries;' penalties orjother,amounts- arising,,out-,of or incidental•to anpacts' or omissions listed above by any person' or:entity,( nciuding' C.onsultanf,' its ubcontractors, and` each of their officials, officers; employees' and agents): int cgn,pjpct on with` any°work undertaken or-in connection withtheA,greernent, including. without`lironitation. the-payment of ail consequential da- : ages, attorneys' fee&;,and4.otherlrelated--costs-.and expenses::All duties of{Consultant- under th'is:Section shail' surviVe the tern inatioii of:thefAgreemen' t., Attachment Code: D564542 Master ID: 1415077, Certificate ID: 19405943 STANTEC CONSULTING SERVICES INC..; 1415077
19405943
CITY OF SEAL BEACH
211 8TH STREET,
SEAL BEACH, CA 90740
Dear Valued Client:
In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via the email below and reference Certificate ID: 19405943.
You must reference this Certificate ID number in order for us to complete this process.
Certificate ID: 19405943
Email: kcasu@Lockton. com
Subject Line: ASU E - Delivery
NOTES:
Signing up for this will NOT sign you up for any solicitation emails - your email will only be used to forward updated or renewal certificates direct from Lockton.
We are not able to send PDFs of certificates, your certificates will come via a secure link to our database see below) with the following email " certificates@locktoncerts. com". This is how you know it is from Lockton directly. Also - please do not send any emails to "certificates@locktoncerts. com" as it is not an actual email address. If you do need a pdf of a certificate, please email kcasu@lockton. com to request one.
The link will look like this:
ib MYa. l:.MW11. t'.oie' l:ti. fi 1111' w+ 9. p:' 1 14'.' R!.(' Cl lfwu' l!' M w ManlAfMRfw sY[ Fy qC aPA w NNrltr iw ita • M, e ef lytl 1] Yw yKYr. ^ X t KV i1'r l.F. M If you received this letter with a certificate via email, no further action on your part is necessary.
If you no longer need this certificate, please contact us at [email protected], reference the Holder ID number and use this subject line: " Certificate Removal' Thank you for your cooperation.
Lockton Companies
Account Services Unit
Email I Mailing Update - Liability Certificates
Attachment Code: D522032 Certificate ID: 19405943
POLICY NUMBER: 47 - GLO- 307584 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Locations Of Covered Operations
LL LOCATIONS COVERED UNDER THIS POLICY, FOR
ANY SUCH PERSON OR ORGANIZATION BUT ONLY TO LIABILITIES ARISING OUT OF OUR NAMED INSURED' S HE EXTENT REQUIRED BY A WRITTEN CONTRACT ACTIVITIES ONLY.
EXECUTED PRIOR TO THE " OCCURANCE" FOR OFFENSE.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section If — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for "bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project ( other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured( s) at the
location of the covered operations has been
completed; or
2. That portion of " your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Attachment Code: D522032 Certificate ID: 19405943
C. With respect to the insurance afforded to these 2. Available , under the applicable Limits of, additional) insureds, the, ,follovv ng,Js , added to Insuranceq shown in fhe Declarations Sectiowill =` Lits?OfInsurance., whichever is less.
If coverage provided , to the' additional insured is This endorsement shall not increase the required by a- contrctor. ag e;mehQtliegriiost46e ; :. ` applicat le irriits . sof" Insurance.+ shown in the will. pay•.on beh, alf of the., iddiitiiooKai! iihtuurred is theYe. - Declarations.- amount of insurance.
1. Required by the contract -or agreement; or
CG 20 10 04 IS
PAGE 2 df,2
Insurance Services Office., Inc., 2012
Attachment Code: D522054 Certificate ID: 19405943
POLICY NUMBER: 47 - GLO- 307584 COMMERCIAL GENERAL LIABILITY CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations
ANY LOCATION OR PROJECT WHERE YOU ARE
ANY SUCH PERSON OR ORGANIZATION REQUIRED TO PROVIDE ADDITIONAL INSURED
BUT ONLY TO THE EXTENT REQUIRED BY STATUS IN A WRITTEN CONTRACT OR WRITTEN
A WRITTEN CONTRACT EXECUTED
AGREEMENT, EXCEPT WHERE SUCH CONTRACT OR
PRIOR TO THE " OCCURANCE" FOR
AGREEMENT IS PROHIBITED BY LAW
OFFENSE.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or
property damage" caused, in whole or in part, by
your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the " products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section 111— Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM
Attachment. Code: D522092 Certificate ID: 19405943 -
ENDORSEMENT
This endorsement,,,effective 12 01.AM , 5/ 1/; 2022E
Forms apart of P.olicy' No . 47 -,'GLO 307584.
is o: SEE A`TT ' CHED CERTIFICATE
By: Berkshire Hathaway.Insurance Company
FRTIVI 12` TOIVCONT UTOR ' - OTHER INSURANCE; ..
PROVISION
THIS! END0,;RS_EMENTaCHANJI3 THE_,PQLICY:';PLEASE READ IT CAREFULLY.
This: endorsement, modifies:insurance provided: urideratheJbIlowing:. .
COMMERCIi11L+-GENERALLIABILITrYMLICY +
COMMERCIALiUMBRELLA'. LIABIL TY,PLICY O Y. ._ . ,
t. n:.
x
COMIVIERCIALiRETAINED; LIMIT WABILITX PyO.LICY x.
FOLLOW FbkM EXCESS', LIBI ALITY;POLICY _
x PRODU,CTr , CO_,MPLETED OPERATIONS: LIABILIlYfPOLICY .•.
The:following. Condition. is: added to the -policy:
Primary -Noncontributory Other Insurance
The insurance provided by this policy. is . primary, and will: not seek contribution from any insurance available to an additional: insured under this,policy,.provided that:
a) The additional insured: is,a named, insured under such other insurance; and a) Prior to an " occurrence" you agreed, in a fully, executed - written contract or agreement, that this. insurance Would; be. primary and would not seek contribution•..from any insurance available to that additional insured.
All other terms;andconditions of this policy remain -unchanged..
Pa. a CLP -UN -065710/ 2013
Includes copyrighted material of Insurance: Services Office; Inc., with its permission.
Attachment Code: D522094 Certificate ID: 19405943
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON- CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1 The following is added to Paragraph A. 1. c., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or agreement
between you and that person or organization, that
is signed by you before the " bodily injury" or
property damage" occurs and that is in effect
during the policy period, to name as an additional
insured for Covered Autos Liability Coverage, but
only for damages to which this insurance applies
and only to the extent of that person' s or
organization' s liability for the conduct of another
insured".
2. The following is added to Paragraph B. 5., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non- contributory with
applicable other insurance under which an
additional insured person or organization is the first
named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
bodily
injury" or "property damage" occurs and that is in
effect during the policy period, requires this
CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Attachment Code: D522252 Certificate ID: 19405943
Notification to Others of Cancellation
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AWL Prem Return Prem. 47 - GLO-307584 5/ 1/ 2022 5/ 1/ 2023
Cancellation.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
Liquor Liability Coverage Part
Products/ Completed Operations Liability Coverage Part
A. If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below.
B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice.
SCHEDULE
Name and Address of Other Person( s) / Organization( s):
Number of
Days Notice:
Those persons and organizations as stated: in a certificate of 30 Insurance, on file with the insurer, as of the date of
Cancellation.
All other terms and conditions of this policy remain unchanged.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
POLICY NUMBER: TC2J- CAP- 8E086819 ( AOS); TJ -BAP -8E086820; [ ICAUPOL31] ILT4001209
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION/ NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION NUMBER OF DAYS NOTICE OF CANCELLATION:
30 NONRENEWAL NUMBER OF DAYS NOTICE OF
NONRENEWAL: 30
PERSON OR ORGANIZATION: Where Required By Written Contract ADDRESS:
PROVISIONS:
A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation.
B. If we decide not to renew this policy for any statutorily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above before the expiration date.
IL T4 00 12 09
Attachment Code: D522107
Certificate ID: 19405943
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 R3 (00)
POLICY NUMBER: UB -3P635310 ( AOS); UB -3P533004 ( MA, WI)
NOTICE OF CANCELLATION
TO DESIGNATED PERSONS OR ORGANIZATIONS
The following is added to PART SIX - CONDITIONS:
Notice of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non- payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation is to take effect.
You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, delivery or otherwise notify such designated person or organization of the cancellation.
SCHEDULE
Name and Address of Designated Persons or Organizations:
WHERE REQUIRED BY WRITTEN CONTRACT.
Number of Days Notice: 30
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
Attachment Code: D522110
Certificate ID: 19405943
Attachment Code: D522055 Certificate ID: 19405943
BERKSHIRE HATHAWAY SPECIALTY INSURANCE
ENDORSEMENT
This endorsement, effective 12: 01 AM: 5/ 1/ 2022
Forms a part of Policy No.: 47 - GLO- 307584
Issued to: SEE ATTACHED CERTIFICATE
By: Berkshire Hathaway Specialty Insurance Company
WAIVER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
PRODUCTS/ COMPLETED OPERATIONS LIABILITY POLICY
SCHEDULE
Name Of Person Or Organization:
Any person or organization that requires you to waive your rights of recovery, in a written and executed contract or agreement with you that is executed prior to the "occurrence" or "offense".
The following Condition is added to the policy:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or " your work" done under a written and executed contract with that person or organization and included in the " products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. The Transfer of Rights of Recovery condition in the policy is deleted to the extent of the waiver provided in this endorsement for the person or organization shown in the Schedule above.
All other terms and conditions of this policy remain unchanged.
Attachment,gpdS:,,p522017,Certificate,ID: 19405943
POLICY,N.UI4BgR:,TC,2J.,C,A,,P- 8EO86,8,1.9( AOS); TJ =BAR 0086820,;. [ICAUPOL31]
COMMERCIALAUTO
CX 04- 4, k 40
THMENDORSEMENT CHANGE& THEPOLICY. PLEASE READ IT CAREFULLY WAMMEWOFTRANSFE_R -,. OF-:RIGHTS.Q,,FVOR,'E'COV4ER-Y
F" ROGATJON)
This endP serrient4nodifie - s. msuranqq4prqyided under the following:
BUSINESSAUTOCQVERAGE, FORM
BUSINESSAU -T.OPHYSICAL DAMAGE COVERAGEYORM,
GARAGEU, COVERAGE FORM
MOTOR' CAM ER,'COVE A YORM
T,kUCKAR,St'QUEP,AGE-.FORM
With respect to: covqqge proyid6d,b this-endorsement,.the provisions ofthe,C6verE!gq,:F.prM,,applyunless modified byyth6jgndorsem6ni.
This endorsement: changesthe, policypffective on the in; epjiondateoflhe, pplic- unless ateds,, indicated-.
Nam, 4, -Ins C.0 -, T P C SU ANOStRNICE' S-' 6.
gn4qrspment.-Effecthve Date: -N1/2022
SCHEDULE
atip']*-):
WHEREREQUIREDZBYNV# ITT-EN CONTRACT
Information - re quired to complete this. Schedule-- if not, show.w,above, w', hbe, shown in,,the Declarations. il The Transfer :Of Righls,.,.Of,-,,, RecoveryAgainst- Others To. Us,.Condition, does not apply to the ppT on( s) or,orgaiii2dti6n( s),,,,shown '_ii- the SOliedifle,' but' only-to - oxterit4thdt., sObro2ation- iswai,vp4` PrI to the accid6At".'.or" l6ss'.!-,undera contract with,that PAT 6r7$amzation.
GA 04 44 03, 10
ACORO® CERTIFICATE OF LIABILITY INSURANCE 5/ 1/ 2024
DATE( MWDDNYYY)
4/ 21/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112- 1906
816) 960- 9000
CONTACT
PHOIC, NE FAXExt): AIC No E
ADDRESS: MAIL
47 - GLO- 307584
kcasu@lockton. com INSURER( S) AFFORDING COVERAGE I NAIC # INSURER A: Travelers Property Casualty Company of America 25674
DAMAGE TO RENTE
PREM SES Ea..." Dence $ 1, 000, 000
INSURED
STANTEC CONSULTING SERVICES INC.
1415077 41017TH STREET
INSURER B: Berkshire Hathaway Specialty Insurance Company I 22276 INSURER C:
SUITE 1400
DENVER CO 80202- 4427
INSURER D:
INSURER E: I
INSURER F: I
A
COVERAGES * N CERTIFICATE NUMBER: 1 A40SA41 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER I POLICY M/DD EFF POLICY EXP
MIDD LIMITS
B X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FxJ OCCUR
X CONTRACTUAL/ CROSS
Y Y 47 - GLO- 307584 5/ 1/ 2023 5/ 1/ 2024 EACH OCCURRENCE s 2, 000 000
DAMAGE TO RENTE
PREM SES Ea..." Dence $ 1, 000, 000
MED EXP ( Anyone person) s 25, 000
X XCU COVERED PERSONAL & ADV INJURY s 2, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO - II )ECT F—X] LOC
OTHER:
GENERAL AGGREGATE S 4, 000, 000
PRODUCTS - COMPIOP AGG S 2, 000, 000
A AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS NLY
Y Y TC2 CAP - 8EO86819 ( AOS)
TJ - BAP - 8E086820
5/ 1/ 2023
5/ 1/ 2023
5/ 1/ 2024
5/ 1/ 2024
COMEaBINED SINGLE LIMIT
accident $ 11000, 000
BODILY INJURY ( Per person) $ j{j{Xj{XYX
BODILY INJURY ( Per accident) $ XXXXXXX
Pe accidenDAMAGE s XXXXXXX
sXXXXXXX
B X UMBRELLA LIAR
EXCESS LIAB
j{ OCCUR
CLAIMS -MADE
Y Y 47 - UMO- 307585 5/ 1/ 2023 5/ 1/ 2024 EACH OCCURRENCE s 5 000 000 AGGREGATE s 5 000 000
DED I I RETENTION s s XXXXXXX
A
A
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE Y / N
OFFICER/ MEMBER EXCLUDED? F—N]
M
If
in NH)
describe under
DESCRIPTION OF OPERATIONS below
NIA
N UB - 3P635310 AOS)
UB - 3P533004 ( IIIA, WD
EXCEPT FOR OH ND WA WY
5/ 1/ 2023
5/ 1/ 2023
5/ 1/ 2024
5/ 1/ 2024
X STATUTE
E. L. EACH ACCIDENT S 1, 000, 000
E. L. DISEASE - EA EMPLOYEES 1, 000, 000
E. L. DISEASE - POLICY LIMIT S 1, 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEE ATTACHED***
rPDTlGlr ATE HQI DER CANCELLATION See Attachments
ACORD 25 ( 2016103)
V 19S8vL117b AGUKU I: UKF' UKAIIUN. All rlgnis rebuivea.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 19405 943
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
CITY SEAL BEACH
211 8TH STREET
AUTHORIZED REPRESENTATI
SEAL BEACH CA 90740
1 1 Al zna
ACORD 25 ( 2016103)
V 19S8vL117b AGUKU I: UKF' UKAIIUN. All rlgnis rebuivea.
The ACORD name and logo are registered marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ( Use only if more space is required) STANTEC PROJECT #: 2042. PROJECT NAME: CITY OF SEAL BEACH GENERAL PLAN ZONING CODE UPDATES. CITY, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, DESIGNATED
VOLUNTEERS AND THOSE CITY AGENTS ACTING AS INDEPENDENT CONTRACTORS IN THE ROLE OF CITY
OFFICIALS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY AND
EXCESS/ UMBRELLA LIABILITY, THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO
LIABILITY AND EXCESS/ UMBRELLA LIABILITY, WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. SEPARATION OF INSUREDS CLAUSE APPLIES TO GENERAL AND AUTO LIABILITY SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS.
ACORD 25 ( 2016/03) Certificate Holder ID: 19405943
ACORO® CERTIFICATE OF LIABILITY INSURANCE 10/ 1/ 2023
DATE( MMIDDlYYYY)
3/ 14/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( es) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112- 1906
816) 960- 9000
CONTANAME: CT
acoNno ( AIC, No
ADDRESS: E-MAIL
COMMERCIAL GENERAL LIABILITY
[email protected] INSURER( S) AFFORDING COVERAGE I NAIC # INSURER A: Berkshire Hathaway Specialty Insurance Company 22276
INSURED
STANTEC CONSULTING SERVICES INC.
1414100 410 17TH STREET
INSURER B: AIG Specialty Insurance Com aLay 26883
INSURER C :
SUITE 1400
DENVER CO 80202- 4427
INSURER D:
INSURER E:
INSURER F:
COVERAGES * N CERTIFICATE NUMBER: 19405901 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE
ADDL
D
SUBRI
WVD I POLICY NUMBER
POLICY EFF
WDD/ YY
POLICY EXP
MIDDIYYY LIMITS
COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX
CLAIMS - MADE FIOCCUR DAMAGE TO
PREM SES Ea
NcO ...
ence $ XXXXXXX
MED EXP ( Any one person) $ XXXXXXX
PERSONAL & ADVINJURY $ XXXXXXX
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY F—] JECT PRO- LOC PRODUCTS - COMP/ OP AGG $ XXXXXXX OTHER:
AUTOMOBILE LIABILITY NOT APPLICABLE EaacccidentSINGLE LIMIT $ XXXXXXX BODILY INJURY ( Per person) $ XXXXXXX ANY AUTO
OWNED AUTOS ONLY
BODILY INJURY ( Per accident) $ XXXXXXX
Penaccident) XXXXXXX HIRED
AUTOS ONLY AUUTOS ONLOY
XXXXXXX
UMBRELLA LIAB HCLAIMS-MADE
OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX
EXCESS LIAB AGGREGATE $ XXXXXXX
DED I I RETENTION $ XXXXXXX
WORKERS COMPENSATION NOTAPPLICABLEPER OTH- -
STATUTE ER AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/ PARTNER/ EXECUTIVE —] E. L. EACH ACCIDENT $ XXXXXXX OFFICERIMEMBER EXCLUDED?
Mandatory in NH)
N / A
E. L. DISEASE - EA EMPLOYEE $. XXXXXXX
IF yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1 $ XXXXXXX A Professional Liab N N 47- EPP- 308810 10/ 1/ 2022 10/ 1/ 2023 3, 000, 000 PER CLAIM/ AGG
A NO RETROACTIVE DATE INCLUSIVE OF COSTS
B I Contractors Pollution Liab I I I CP08085428 10/ 1/ 2021 10/ 1/ 2023 3, 000, 000 PER LOSS/ AGG DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) STANTEC PROJECT #: 2042. PROJECT NAME: CITY OF SEAL BEACH GENERAL PLAN ZONING CODE UPDATES. ' 19405901
CITY OF SEAL BEACH
211 8TH STREET
SEAL BEACH CA 90740
I..NIVUMA_ H I lulV
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
5 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD Attachment Code: D522032 Certificate ID: 19405943
POLICY NUMBER: 47 - GLO- 307584 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Locations Of Covered Operations
ALL LOCATIONS COVERED UNDER THIS POLICY, FOR
ANY SUCH PERSON OR ORGANIZATION BUT ONLY TO LIABILITIES ARISING OUT OF OUR NAMED INSURED' s HE EXTENT REQUIRED BY A WRITTEN CONTRACT ACTIVITIES ONLY.
EXECUTED PRIOR TO THE " OCCURANCE" FOR OFFENSE.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section If — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for "bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project ( other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured( s) at the
location of the covered operations has been
completed; or
2. That portion of " your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Attachment Code: D522032 Certificate ID: 19405943
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 20 10 0413 © Insurance Services Office, Inc., 2012
PAGE 2 of 2
Attachment Code: D522054 Certificate ID: 19405943
POLICY NUMBER: 47 - GLO- 307584 COMMERCIAL GENERAL LIABILITY CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations
ANY LOCATION OR PROJECT WHERE YOU ARE
ANY SUCH PERSON OR ORGANIZATION REQUIRED TO PROVIDE ADDITIONAL INSURED
BUT ONLY TO THE EXTENT REQUIRED BY STATUS IN A WRITTEN CONTRACT OR WRITTEN
A WRITTEN CONTRACT EXECUTED
AGREEMENT, EXCEPT WHERE SUCH CONTRACT OR
PRIOR TO THE " OCCURANCE" FOR
AGREEMENT IS PROHIBITED BY LAW
OFFENSE.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or
property damage" caused, in whole or in part, by
your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the " products - completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM
Attachment Code: D522092 Certificate ID: 19405943
This endorsement, effective 12: 01 AM:
Forms a part of Policy No.:
Issued to:
By:
ENDORSEMENT
5/ 1/ 2023
47 - GLO- 307584
SEE ATTACHED CERTIFICATE
Berkshire Hathaway Insurance Company
PRIMARY NONCONTRILBUTORY - OTHER INSURANCE
PROVISION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/ COMPLETED OPERATIONS LIABILITY POLICY
The following Condition is added to the policy:
Primary Noncontributory — Other Insurance
The insurance provided by this policy is primary, and will not seek contribution from any insurance available to an additional insured under this policy, provided that:
a) The additional insured is a named insured under such other insurance; and a) Prior to an " occurrence" you agreed, in a fully executed written contract or agreement, that this insurance would be primary and would not seek contribution from any insurance available to that additional insured.
All other terms and conditions of this policy remain unchanged.