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HomeMy WebLinkAbout2010-08-24 Item No. 10CITY OF i5 LADE pLSINOIZE DREAM EXTREME rw REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 24, 2010 SUBJECT: PURCHASE ORDER FOR CONTRACT PLAN CHECK SERVICES FOR FISCAL YEAR 10111 Background When new construction plans are submitted for Structural Plan Check, they must be reviewed to make sure they comply with all applicable codes and requirements. In order to expedite the Plan Check process, reduce cost and improve customer service, the City of Lake Elsinore contracts for these services through an outside agency. This provides for a more consistent and efficient approval process for the applicant. Discussion There are several agencies that are able to provide plan checking services as part of their consulting and personnel business. Of the agencies that are considered local, or that serve the Southern California area, the City has had contracts with at least four different agencies at various times. Through comments received from the public and from staffs own experiences, without question Scott Fazekas & Associates provided the highest level of quality, service, value and expertise expected by the public and our staff. Scott Fazekas and Associates has been the main provider of plan check services to the City of Lake Elsinore for over twenty years. Their outstanding service record has proven their dedication to our City and their fees have remained unchanged. They are very familiar with our city requirements and are able to provide a professional and consistent service in a very timely fashion. AGENDA ITEM NO. 10 Page 1 of 41 Purchase Order for Contract Plan Check Services August 24, 2010 Page 2 On June 24, 2009, City Council approved a three year contract with Scott Fazekas & Associates to provide plan check services for Lake Elsinore, and this Purchase Order request is keeping within the rules of the City's Purchasing Guidelines by keeping City Council informed of purchases over $15,000. Fiscal Impact There is no fiscal impact to the City of Lake Elsinore as all plan check fees are paid for by the applicant as part of their development process. The plan check agency receives a percentage (70%) of the plan check fees received by the City. Recommendation Authorize the City Manager to approve a Purchase Order in the amount of $82,500 for Scott Fazekas and Associates to provide plan check services for fiscal year 10/11. This amount was budgeted for in the fiscal year 10/11 Building Division Professional Services account. Reviewed by: Robin Chipman Building & Safety Manager Approved by: Robert A. Brady City Manager ATTACHMENTS: 1. Purchase Order in the amount of $82,500 2. Copy of Professional Services Contract with Scott Fazekas & Associates Page 2 of 41 CITY O1 LAKE C)LSINORE oaE 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 P.951.674.3124 F.951.471.1418 Purchase Order vendor No. 1042 P.O Number Vendor SCOTT FAZEKAS & ASSOCIATES Order Date Address 9 CORPORATE PARK SUITE 200 Ship To: City IRVINE Name State CA Zip Code 92606 Address Phone Number (949)475-2901 City Fax Number State Zip Code Contact Name SCOTT FAZEKAS e ~ 100-4320-424-20-20 PLAN CHECK SERVICES 1 $82,500.00 $82,500.00 - Terms and Conditions Total $82,500.00 Enter Sales Tax Rate @ $0.00 Other@ $0.00 Shipping Charge Grand Total $82,500.00 Requisition Approval t , Submittedby /l A"' 777 [J Date August 24, 2010 Supervisor Approval Date Department Head Approval Date Funds Available - Finance Date Print Form City of Lake Elsinore 130 South Main Street Lake Elsinore CA 92530 Page 3 of 41 Page 4 of 41 A' AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of the 24 day of June, 2009, by and between the City of Lake Elsinore, a municipal corporation ("City") and Scott Fazekas & Associates. ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scone of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of three (3) years, subject to annual review by the City Council. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed the percentage fee associated with plans assigned by the City for review by Consultant. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services M - MR Contract/Agreement No. 2262 - 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without fiirther compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared.or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing finished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 2 Page 6 of 41 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source ofincome, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction ofthe City or of any City official, other than normal agreement monitoring; and Page 7 of 41 b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals ofwhatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. is Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require. each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, 4 Page 8 of 41 either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv: Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than ANU and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. 5 Page 9 of 41 C. Deductibles and Self-hnsured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Mr. Scott Fazekas Scott Fazekas & Associates 9 Corporate Park. Suite 200 Irvine, CA 92606 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. Page 10 of 41 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE C JAMS') or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal OMort unity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against" any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, 7 Page 11 of 41 upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CONSULTANT: AT'T'EST: f/ _~Vaizx- ` ~ , City Clerk APPOOVFD AS TO FORM: -Vkv,, City Attorney Scott R. Fazeka Page 12 of 41 Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Page 13 of 41 EXHIBIT "A" SCOPE OF SERVICES Consultant shall perform combination building inspection services and related engineering services for a limited period of time to cover the overflow of inspection request made to the City. Consultant's inspectors will operate under the daily direction and assignment of the City's Building Official or a designated representative. Consultant shall perform plan review services when assigned as needed. Scope of review would include checking for compliance with building, plumbing, mechanical and electrical codes, state energy and disable access regulation and other applicable City ordinances. Page 14 of 41 EXHIBIT "B" SCHEDULE OF CHARGES Between $40.00 to $70.00 per hour, depending on qualifications of individual, for field inspections or office work at the City's facilities, plus thirty-six cents ($0.36) per mile for mileage charges. Overtime will be based on the increased cost of compensation to Consultant's employees as agreed upon in advance in writing by the Building Official. For plan check services, Consultant shall charge seventy percent (70%) of the plan check fees collected by the Agency. Repetitive fees such as tracts will be compensated at fifteen percent (15%) of plan check fees collected by the City. No additional charges shall be incurred for re- checks of plans unless the plans are incomplete or revised to a degree that the City would collect additional fees from the applicant. In such cases, Consultants hourly rate for such rechecks will be $100.00 per hour. Page 15 of 41 ~'~~Sa0tt IF:ueltas & Associates Inc ~ Building Safety for Government July 27, 2009 Ms. Debora Thomsen City Clerk City of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 Subject:Contract Renewal Auto Insurance Dear Ms. Thomsen: Pursuant to your request, I have prepared this letter for inclusion with the Agreement for Building & Safety Services between the City of Lake Elsinore and Scott Fazekas & Associates, Inc. (SFA). Transmittal of plans is done through Cal Overnight or UPS and no company vehicles are used in the process of providing services to the City. SFA has no company vehicles, however, we do have coverage for non-company owned vehicles such as shown on the Insurance Certificate. I hope this adequately resolves your concern regarding vehicle liability. If you have any questions or need additional information please feel free to contact me. Sincerely, Scott FFazeekk~as & Associates, Inc Scott R. Fazekas, AIA, NCARB, CBO, LEED AP, CASp V 'r \ President V L~ 9 Corporate Park, Suite 200, Irvine, CA 92606-5173 • 949/475-2901 • FAX 949/475-2560 • sfairvineRpggI.r;§rAf 41 An Equal Opportunity Employer A_ CORD CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MWDD/YYYY) 05/29/2009 ,PRODUCER (619) 574-6220 FAX (619) 574-6288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DBA IDA Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. '175 Hancock Street, Ste. 180 I Diego, CA 92110 INSURERS AFFORDING COVERAGE NAIC # 9 Corporate Park Drive Irvine, CA 92606 INSURER A: Travelers P&C INSURER D: One Beacon Ame INSURERC Beazley Ins Co INSURER D: INSURERS Ins. Co. 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. AGGREGATE LIMITS SHOWN MAY HAVF RFFN RFnncFn Rv PAITI PI Alnne INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTVE POLICYEXPIRATION DATE IMM/nDMI DATE IMMIDDMI LIMITS GENERAL LIABILITY 68022521-18A 06/05/2009 06/OS/2010 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300'00 $ CLAIMS MADE a OCCUR MED EXP (An one y person) $ 5,000 A PERSONAL B ADV INJURY $ 1 000 00 , , GENERAL AGGREGATE $ 2 000 00 ' , , GEN L AGGREGATE LIMIT APPLIES PER O PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X JEC T LOC AU TOMOBILE LIABILITY 6802252L18A 06/05/2009 06/05/2010 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) Included ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIREDAUTOS X NON-OWNED AUTOS BODILY INJURY (Per accident) $ X No Co. Owned Autos PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EAACC OTHER THAN $ AUTO ONLY. AGO $ EXCESSUMBRELLA LIABILITY CUP6527Y301 06/05/2009 06/05/2010 EACHOCCURRENCE $ 1,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,00 A $ A DEDUCTIBLE $ x RETENTION $ $ WORKERS COMPENSATION AND 406017268 06/05/2009 06/05/2010 X WC STATU- EMPLOYERS' LIABILITY B OANY FFI NERIE ECUTIVE E.L. EACH ACCIDENT $ 1,000,00 CERIMEMBEREXCL H Yes. desrribe cinder - E.L. DISEASE-EA EMPLOYEE $ 1,000,00 SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 1,000,00 rressional Liability V15THZ09PNPA 06/05/2009 06/05/2010 $1,000,000 each claim C laims Made $1,000,000 aggregate $20,000 deductible Huwzum LNW LMLN I ISPECIALPROVISIONS te: A71 Operations of the Named Insured Aty of Lake Elsinore, its officers, officials, employees, agents and volunteers are additional nsured per the attached endorsement. 10 day notice of cancellation applies for non payment of premium. City of Lake Elsinore Larry Russell / Bldg Off 130 South Main Street Lake Elsinore, CA 92530 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *)MONM MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Kl,~a~a>v~xacKaca~€xxxulxarac~xxttxarlwrA~x~aw>sxzaxlxaecxx AUTHORIZED REPRESENTATIVE Kellv Howell/HOWELK 1988 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The 'bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the 'bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance services Office, Inc., with its permission. Page 18 Of 41 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- Page 2 of 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc., with its permission. erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period CG D3 81 09 07 Page 19 of 41 ACORD,M CERTIFICATE OF LIABILITY INSURANCE o6/02/2010 DATEz/zolo PRODUCER (619) 574-6220 FAX (619) 574-6288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DBA IOA Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1775 Hancock Street, Ste. 180 - - San Diego, CA 92110 INSURERS AFFORDING COVERAGE NAIC # INSURED Scott Fazekas & Associates, Inc. CI I URERA Travelers Prop Cas Co of Amer 25674 9 Corporate Park Drive _CE iNSURERB: OneBeacon America Ins Co 20621 Irvine, CA 92606 .INSURERc: Beazley Ins Co 37540 JUN 0 9 REC INSURER O. INSURER E: - THE POLICIES OF INSURANCE LISTED BELOW HAVE j ISM111610 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CO TRACT 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. AGGREGATE LIMITS SHOWN MAY "AVE BEEN REDUCED BY PAID CLAIMS. NSR 4DU SR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTNE DAM IMWDDP~ POLICYEXPIRATION DAM fMM/DDIYYI LIMITS GENERAL LIABILITY 6802252L18A 06/05/2010 06/05/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ` DAMAGE TO RENTED $ 300,000 CLAIMS MADE F X] OCCUR MED EXP (Any one person) $ 5 , 000 A I f - - PERSONAL & ADV INJURY $ 1 000 000 - GENERAL AGGREGATE , , $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER PRO PRODUCTS-COMP/OP AGG , , $ 2,000,00 - LOC POLICY X JECT AUT OMOBILE LIABILITY 6802ZSZL18A 06/05/2010 06/05/2011 COMBINED SINGLE LIMIT $ ANYAUTO (Ea amident) Included ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS - - BODILY INJURY $ X NON-OWNED AUTOS - (Per..ident) - X No Co. Owned Autos PROPERTY GE S a cd) (Par accitlenH (Per - GARAGE LIABILITY - AUTOONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGO $ EXCESSNMBRELLA LIABILITY CUP6527Y301 06/05/2010 06/05/2011 EACH OCCURRENCE $ 1,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 A $ DEDUCTIBLE X RETENTION $ $ WORKERS COMPENSATION AND 406017268 06/05/2010 06/05/2011 X WC STATU- OTH- EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE F.L EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED'! I es desmbe under E.L. DISEASE - EA EMPLOYE $ 1,000,000 y , SPECIAL PROVISIONS W. E.L. DISEASE-POLICY LIMIT $ 1,000,00 ror(essional Liability VISTHZ100201 06/05/2010 06/05/2011 $1,000,000 Each Claim C LAIMS MADE $1,000,000 Aggregate $20,000 Deductible r Un Ur Ire. UUN.I LUUA NUN3I Yetffs EJ I EEGLUSUNS AUMIJ NY ENUUN$EMENTI SPEMIL PROVISIONS le: All Operations of the Named Insured Aty of Lake Elsinore, its officers, officials,employees, agents and volunteers are additional 'nsured per the attached endorsement. 10 day notice of cancellation applies for non payment of premium. City of Lake Elsinore Attn: Robin Chipman, Bldg Official 130 South Main Street Lake Elsinore, CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL /X$X7{+XL75 MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KL)OtXXXODOWAXUXd(KMYJOOWIXXMMX005 4XdW(X11OMX➢0(1MXX AUTHORRPD REPRESENTATNE - ACORD 25 (2001/08) CORPORATION 1988 7Y ~ COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work' and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF However, If you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contractor agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Once, Inc., with its permission. Page 21 of 41 COMMERICAL GENERAL LIABILITY injury' or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Once, Inc., with its permission. Page 22 of 41 Purchase Order anor m LAKE LSINCIRIE ~Pv DREAM Ex a- Vendor No. 1-042 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 P.951.674.3124 F.951.471.1418 P.O Number Vendor SCOTT FAZEKAS & ASSOCIATES Order Date Address 9 CORPORATE PARK SUITE 200 Ship To: City IRVINE Name State CA Zip Code 92606 Address Phone Number (949)475-2901 City Fax Number State Zip Code Contact Name SCOTT FAZEKAS e MEMO= I= 100-4320-424-20-20 PLAN CHECK SERVICES 1 $82,500.00 $82,500.00 Terms and Conditions Total $82,500.00 Enter Sales Tax Rate @ $0.00 Other@ $0.00 Shipping Charge Grand Total $82,500.00 Requisition Approval Submitted by Supervisor Approval Department Head Approval Funds Available- Finance Date August 24, 2010 Date Date Date City of Lake Elsinore 130 South Main Street Lake Elsinore CA 92530 Pririt Form Page 23 of 41 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of the 24 day of June, 2009, by and between the City of Lake Elsinore, a municipal corporation ("City) and Scott Fazekas & Associates. ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of three (3) years, subject to annual review by the City Council. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed the percentage fee associated with plans assigned by the City for review by Consultant. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services - Contract/Agreement No. 2262 - 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared.or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 2 Page 25 of 41 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with.respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and Page 26 of 41 b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals ofwhatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the negligent performance of this Agreement or its failure to comply with anyofits obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require. each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, Page 27 of 41 either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv: Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than ANII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment finished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. 5 Page 28 of 41 C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Mr. Scott Fazekas Scott Fazekas & Associates 9 Corporate Park. Suite 200 Irvine, CA 92606 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. Page 29 of 41 21. Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, Page 30 of 41 upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. ATTEST: City ELSINORE: APP-kOVED AS TO FORM: City Attorney CONSULTANT: Scott R. Fazek 8 Page 31 of 41 Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Page 32 of 41 EXH IT "A" SCOPE OF SERVICES Consultant shall perform combination building inspection services and related engineering services for a limited period of time to cover the overflow of inspection request made to the City. Consultant's inspectors will operate under the daily direction and assignment of the City's Building Official or a designated representative. Consultant shall perform plan review services when assigned as needed. Scope of review would include checking for compliance with building, plumbing, mechanical and electrical codes, state energy and disable access regulation and other applicable City ordinances. Page 33 of 41 EXHIBIT "B" SCHEDULE OF CHARGES Between $40.00 to $70.00 per hour, depending on qualifications of individual, for field inspections or office work at the City's facilities, plus thirty-six cents ($0.36) per mile for mileage charges. Overtime will be based on the increased cost of compensation to Consultant's employees as agreed upon in advance in writing by the Building Official. For plan check services, Consultant shall charge seventy percent (70%) of the plan check fees collected by the Agency. Repetitive fees such as tracts will be compensated at fifteen percent (15%) of plan check fees collected by the City. No additional charges shall be incurred for re- checks of plans unless the plans are incomplete or revised to a degree that the City would collect additional fees from the applicant. hi such cases, Consultants hourly rate for such rechecks will be $100.00 per hour. Page 34 of 41 NFAlcott Fazelms & Asmwihtes Inc. Building Safety for Government July 27, 2009 Ms. Debora Thomsen City r'lerk City of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 Subject: Contract Renewal Auto Insurance Dear Ms. Thomsen: Pursuant to your request, I have prepared this letter for inclusion with the Agreement for Building & Safety Services between the City of Lake Elsinore and Scott Fazekas & Associates, Inc. (SFA). Transmittal of plans is done through Cal Overnight or UPS and no company vehicles are used in the process of providing services to the City. SFA has no company vehicles, however, we do have coverage for non-company owned vehicles such as shown on the Insurance Certificate. I hope this adequately resolves your concern regarding vehicle liability. If you have any questions or need additional information please feel free to contact me. Sincerely, Scott Fazekas & Associates, Inc Scott R. Fazekas, AIA, NCARB, CBO, LEED AP, CASp President Yy♦ 7 n V 9 Corporate Park, Suite 200, Irvine, CA 92606-5173 • 949 /475-2901 • FAX 949 /475-2560 • sfairvinpg9gl.~`drgf 41 An Equal Opportunity Employer AGORD CERTIFICATE OF LIABILITY INSURANCE °"~'M'"°°"09 PRO°ucER 05/29/2009 (619) 574-6220 FAX (619)S74-6288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DBA IDA Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR "75 Hancock Street, Ste. 180 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 Diego CA 92110 INSURERS AFFORDING COVERAGE NAIC# 9 Corporate Park Drive Irvine, CA 92606 INSURERA Travelers P8{ Co, of INSURERS: One Beacon America II INSURERC: BeaZley Ins Co INSURER D: 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 CONDITInNS nF St irw POLICIES. AGGREGATE LIMITS SHOWM nnav HAVV ocr=ni r,r INSR Jail DD' N= TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIV E POLICY EXPIRATION GENERAL LIABILITY 680225ZL18A 06/05/2009 QDML 06/OS/2010 LIMI EACH OCCURRENCE TS X COMMERCIAL GENERAL LIABILITY $ 1,000,00 000 CLAIMSMADE ~ OCCUR DAMAGE TO RENTED $ 300, A MED EXP (Any one person) $ S'000 PERSONAL B ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,00( PRO- POLICY X JECLOG PRODUCTS-COMP/OP AGG $ 2,000,00 AU TOMOBILE LIABILITY 68022S21_18A 06/05/2009 06/05/2010 ANY AUTO COMBINED SINGLE LIMIT (Ea acddent) $ ALL OWNED AUTOS Included A SCHEDULED AUTOS BODILY INJURY (Per person) - $ X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY (Peramitlent) $ X No Co Owned Auto . s PROPERTY DAMAGE $ (Peraccident) GAR AGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ AUTO ONLY qGG $ EXCESS/UMBRELLA LIABILITY CUP6527Y301 06/05/2009 O6/OS/2010 EACH OCC X OCCUR CLAIMS MADE URRENCE $ 1,000,00 A AGGREGATE $ 11000,00 DEDUCTIBLE X RETENTION $ $ WORKERS TON AND 'CO 406017268 06/05/2009 06 /OS/2010 XWC STATU- OTH- LIA ABILI BILITY EMPLOYERS B OFFICER/MEM EREEXCLUD DY ECUTNE E.L. EACH ACCIDENT $ 11000,00 IT Yes, describe order SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYE $ 11000,00 ER rotessional Liability V15THZ09PNPA 0610512009 06/05/2010 E.L. DISEASE-POLICY LIMIT $ 1,000,00 $1,000 000 each claim C laims Made , $1,000,000 aggregate DESC RIPTION OF OPERATInuSn ncenrwe n,~.,~.-i $20,000 deductible te: All Operations of the Named Insured u, cnwRJCMCn„ JMUAL PROVISIONS =ity of Lake Elsinore, its officers, officials,employees, agents and volunteers are additional insured per the attached endorsement. '10 day notice of cancellation applies for non payment of premium. City of Lake Elsinore Larry Russell / Bldg Off 130 South Main Street Lake Elsinore, CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MM%XJ:K06 MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~1f80(d(d1D~14XIXXdNDtYI(d(NiLNrYdDh15Xi1D(AUtIXIX~ICXX AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or 'personal injury' for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: cl. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a, of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The 'personal injury' for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the 'bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. Page 37 of 41 COMMERICAL GENERAL LIABILITY injury' or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. Page 38 of 41 A a(Mn CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD YYYY) 06/02/2010 PRODUCER (619) 574-6220 FAX (619)S74-6Z88 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DBA IDA Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1775 Hancock Street, Ste. 180 San Diego, CA 92110 INSURERS AFFORDING COVERAGE NAIC# ENSURED Scott Fazekas & Associates, Inc.~~~C' I URERA Travelers Prop Cas Co of Amer 25674 9 Corporate Park Drive GG JNSURERB: OneBeacon America Ins Co 20621 Irvine, CA 92606 "NSURMcC Beazley Ins Co 37540 JUN 0 g REC INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BE$ THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CO TRACT 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. AGGREGATE LIMITS SHOWN MAY HAVF RPFru orni iron Pv n. - NSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 680Z252L18A 06/05/2010 DATE IMMIM28M_ 06/05/2011 LIMIT EACH OCCURRENCE S $ 1,000,00 DAMAGE TO RENTED CLAIMS MADE ff] OCCUR $ 300,000 MED EXP A A ( ny one person) $ 5,00 PERSONAL 8 DV - A INJURY $ 1,000,000 GENERAL AGGRE GE NT AGGREGATE LIMB APPLIES PER GATE $ 2,000,000 POLICY X PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000 QQQ JECT AU TOMOBILE LIABILITY 6802252L18A 06/05/2010 06/05/2011 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS Included A SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIREDAUTOS X NON-OWNED AUTOS ' BODILY INJURY (Per accident) $ X No Co Ow d A t . ne u os - PROPERTY DAMAGE $ - (Per amident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC -j AUTO ONLY AGG $ EXCESS/UMBRELLALIABILITY X OCCUR D CL CUP6527Y301 66/05/2010 06/05/2011 EACH OCCURRENCE $ 1,000,000 A AIMS MADE AGGREGATE $ 1 QQQ QQ DEDUCT $ IBLE X RET ENTION $ P SCOMPENSATION AND ' 406017268 0610512010 06/05/2011 X WCSTATV-- OTH- EM LOY EMPLOYERS LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F.L.EACHACCIDENT $ 1,000,00 H yes, describe under SPECIAL PR E.L. DISEASE - EA EMPLOYEE $ 1, 000, QQ OVISIONS below OT" ro essional Liability V15THZ100201 06/05/2010 06/05/2011 E.L. DISEASE-POLICY LIMIT $ 1,000,00 $1,000 000 Each Claim C LAIMS MADE , $1,000,000 Aggregate $20 000 Deductibl DESC RIPTION AF OPFRennue n rvn„no~ . _ _ , e le: All Operations of the Named Insured "I'~tWALVKVVISIONS Aty of Lake Elsinore, its officers, officials,employees, agents and volunteers are additional insured per the attached endorsement, :10 day notice of cancellation applies for non payment of premium. City of Lake Elsinore Attn: Robin Chipman, Bldg Official 130 South Main Street Lake Elsinore, CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EIIPIRA DON DATE THEREOF, THE ISSUING INSURER WILL amoom MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~KKKdfA'd~14XIX)GKa~KKd(Ki4XdhYK>14XaQXd6K~41(1(XX AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) OACORD CORPORATION 1988 ) -a/. a I I COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. Page 40 of 41 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services OIGcs, Inc., with its permission. Page 41 of 41