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HomeMy WebLinkAbout0004_4_BV - Exhibit C AgreementAGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement")is made and entered into as of the 9 day of Tvue, , 2013, by and between the City of Lake Elsinore, a municipal corporation ("City") and Bureau Veritas North America, Inc ("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 Engineering Department Plan Check 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. And in no event shall Consultant's compensation exceed $300,000.00 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 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. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City requests 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 Professional Services Agreement 1 08/26/10 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. Professional Services Agreement 2 08/26/10 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 b . possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) Professional Services Agreement 3 08/26/10 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 of whatsoever 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. Consultant shall maintain a City of business license. 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 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. L 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, 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. Professional Services Agreement 4 08/26/10 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, ora 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 ANN and shall be endorsed with the following specific language: L 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. 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. Professional Services Agreement 5 08/26/10 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:.Ken Seumalo 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Vi I1; a.h G, 61 X47 6kAreaL4. Veri �Ms /0&20 7ree4c, 5f• 1 St.i to 200 5c.n Oi er , cA 12 131 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. A_ ssignment 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. 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. Professional Services Agreement 6 08/26/10 22. Controllinq 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 shall the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/E N D I SP UTE '("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 there from. 27. Equal Opportunity Employ. 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, 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. Professional Services Agreement 7 08/26/10 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: By: Grant ates, City Manager APPROVED AS TO FORM: J Ba tiara Z r Id, ity Attorney Attachments:. Exhibit A - Scope of Services Exhibit B - Fee Schedule CONSULTA 40 tle: FvX,+C�c Busii ess License # Professional Services Agreement 8 08/26/10 EXHIBIT "A" SCOPE OF SERVICES ProfServAgmt.4014.000 EXHIBIT "A" — Page 1 09/08/98 ANmIT�i� SCHEDULE OF CHARGES ProiServAgmt.4014.000 EXHIBIT "B" — Page 1 09/08/98 III. SCOPE OF WORK Scope of work is to provide As Needed, On -Call Plan Checking Engineering Services to the City Public Works Department, Engineering Division in accordance with all provisions within this RFP. These services will be on an intermittent basis. The scope of work includes engineering review and check for correctness of plans, design calculations and technical specifications related to materials for proposed improvements, development of correction lists, transmittal of correction lists to the Applicant and status updates to the City. Key resource will be latest edition of City of Lake Elsinore Engineering Design Guidelines Manual and Standard Drawings for the preparation and checking of Improvement plans, Drainage, and Grading Plans within Lake Elsinore. Meetings with the applicant may or may not be required at the option of the City and will be determined on a case by case basis. Upon approval of the submitted plans, the firm will certify in writing that the design is in substantial compliance with applicable local, state and federal requirements. Ultimate responsibility for errors and/or omissions of plans and specifications will continue to rest with the originating design firm, not the Consultant for plan checking or the City. The selected firm(s) may assist the City with various engineering assignments including but not limited to: 1. Plan Checking Services for Private Development Projects • Street and Storm Drain Improvements • Grading, Erosion Control and/or Drainage Plans • Construction Detour Plans • Striping and Signing Plans • Bridge or Retaining Wall Structures not under Building Permit purview • Consistency with other planned improvements • Final and Parcel Maps • Easement, Dedications • Vacations, Quitclaims • Lot Line Adjustments • Parcel Mergers • Water Quality Management Plans 2. Review of Plan Check Submittal Items and Reports • Road Structural Section Calculations • Hydrology and Hydraulic Calculations and Reports • Street Layout and Design • Structure Calculations not under Building Permit purview • Traffic Reports or Studies • Quantity Estimates • Engineer's Cost Estimates • Soils/Geological Reports • Compliance With Current NPDES Permits 3. Review of Technical Specifications for Proposed Improvements in City Road Right of Way • Road Structural Section components • Trench backfill and restoration • Storm Drain line and appurtenances • Traffic Signal components • Signing and Striping 4. Work Flow Methodology • Review for completeness of submittals • Document submittal deficiencies and advise the City as necessary • Identify any additional reference materials required for a thorough plan check such as related offsite improvement plans, studies or reports. • Conduct site visit as necessary. 5. Provide other Engineering and/or Transportation related professional services as requested in the areas of Plan Checking and/or Development Review technical support. 6. Plan Check Time Initial Submittal — • For typical small private development projects with less than five plan sheets a maximum ten (10) business day turn around time is expected. • For larger more complex projects with six or more plan sheets a maximum fifteen (15) business day turn around time is expected. Subsequent Submittals / Resubmittals — • For typical small private development projects with less than five plan sheets a maximum five (5) business day turn around time is expected. • For larger more complex projects with 6 or more plan sheets a maximum ten (10) business day turn around time is expected. Turn around time will be considered to start the date when the submittal has been received by the Consultant. End time will be considered the date that the plan check comment letter is sent out to the applicant. Receipt may include hard copy or electronic mail copy. Details on procedures will be negotiated with the Consultant. Provide a "Fast Track" expedited on demand review time between 3 to 5 business days depending on complexity of project. 7. Design/Plan Check Criteria and Standards • Attachment B includes this information Suggestions by Consultant of recommended changes to current plan check policies, procedures and guidelines should be made to the City as needed to facilitate the work flow efficiency of both the City/Consultant as well as clear understanding by the private development community. 8. Fees Consultant shall fill in fully burdened rate fees for various plan check types using the form in Attachment A. The City will not pay "costs". 9. Final Submission - ? 10. Develop Check List — consultant shall review and within first year, evaluate and as needed make recommendations to improve current Engineering Plan Check Criteria and Checklists. MI-11al. ft--� M 100 Cubic Yards or $200.20 75% of City's fees Less: 75% of City's fees 101-1,000 Cubic $220.00 for the first 100 cubic yards, plus Yards $50.00 for each additional 100 cubic —Cubic yards or fraction thereof x 91% —f6-7-0.00 1,001-10,000 for the first 1,00-0 cubic yards, 75% of City's —fees Yards: plus $50.00 for each additional 1,000 cubic yards or fraction thereof x 91% 10,001— 100,000 Cubic $1,120.00 for the first 10,000 cubic yards, 75% of City's fees Yards: plus $190.00 for each additional 10,000 cubic yards or fraction thereof x 91% 100,001— 400,60-0 $2,830.00 for the first 100,000 cubic 75% of City—'s fees Cubic Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91% —first Over 400,000 Cubic $6,130.00 for the 400,000 cubic 75% of City's fees Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91% REVISIONS to $450.00 per sheet 80% of City's fees approved plans Per sheet charge of $_1 50.00 will be required on each subsequent plan submittal over four (4) for plan check. Fast Track performance fees shall be —1.5 times those shown above. Revised or Redesigned Public Works Improvement Plans $450 per sheet 80% of City's fees Traffic Signing & Striping, $450 per sheet _ 80% of City's fees Traffic Control, Haul Route }'Super s e -et % o£- xty s ees Plans (as part of $450 per sheet 80% of City's fees improvement plan set) j $400 80% of City's fees Traffic Control as part of Per hour rate for $145 per hour encroachment permit review time 80% of City's fees application (L 1x17) $450 80% of City's fees Public Works 7.5% 75% of City's fees Improvement Pians -Based on Engineer's Estimate Additional per sheet charge of $_150.40 will be required on each subsequent bond copy plan re -submittal over four (4) the above may be made on the fifth submittal for plan check. (Mylar submittal is included in the initial fee.) Fast Track .performance fees shall be — 1.5 times those shown above. Fast Track is expedited, on demand with turn around time between 3 to 5 business days. Final Tract Map $1,700 + $55 per 80% of City's fees Parcel Map $1,600 + $45 per 80% of City's fees -R�estgn roc arce ops ux Process }'Super s e -et % o£- xty s ees Revised Approved Tract/Parcel Maps $450 per sheet 80% of City's fees Lot Line Adjustments -Two Lots only j $400 80% of City's fees Lot Line Adjustment -More than two lots $500 + $55 per lot 80% of City's fees Dedication: Basement, Right of $440 80% of City's fees Certificate of Compliance $450 80% of City's fees Parcel Merger $400 +$25 per lot $1,100 80% of City's fees 800% of City's fees Street Abandonment/Vacation Certificate of Correction 1 $450 180% of City's fc,Es Water Quality management Plan $1,750.00 (WQMP) Review - 90% of City's fees FR1µUR NARY Water Quality Management plan $1,750.00 90% of City's fees (WQMP) Review - FINAL Exhibit D Subcontractors For this contract Bureau Veritas will perform all plan reviews in-house, except for traffic analysis, study and report reviews, soil/geotechnical studies, and alquist priolo report reviews.' Traffic reviews will be performed by our subconsultant, Rick Engineering Company, who has been our traffic plan review subconsultant for the past eight years. Rick Engineering Company provides comprehensive traffic engineering services to meet private and public sector clients. Local agency clients include the Cities of Lake Elsinore, Murrieta, San Diego, Ontario, Vista, Oceanside, Solana Beach, and Chula Vista; Counties of Riverside, San Diego, and Imperial; Caltrans; and the U.S. Navy. Review of soil/geotechnical and alquist priolo studies and reports will be performed by NV5. NV5 has a 10+ year history working with Bureau Veritas. They are one of the largest and best equipped independent laboratories, and has a successful track record providing geotechnical review services. CERTIFICATE OF LIA THIS CERTIFICATE IS ISSUED AS A MATTER Ur IND-UKMA I1UN VNL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU- REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the the terms and conditions of the policy, certain policies may require an e certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. 199 water Street New York NY 10038-3551 USA INSURED BUpedu Veritas North America, Inc. 10620 Treena Street, Suite 200 San Diego CA 92131 USA B I LITY I N S U RAN C E 61T 03/M/DD/YYYY) 03/22Y1013 'AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 'E A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED po(icy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ndorsement. A statement on this certificate does not confer rights to the CONTACT NAME (Pic.Ha.Ext: 866-283-7122 (A/C 1 847-953-5390 E O�ESS: INSURER(S) AFFORDING COVERAGE NAIC INSURER A: AXA Insurance Company 33022 INSURER B: National Union Fire Ins Co of Pittsburgh 19445 INSURER C: Granite State insurance Company 23809 INSURER D: Insurance CO of the State of PA 19429 INSURER E; ACE Property & Casualty insurance CO. 20699 RISIIRER F. r -a i, esi�u w laanal7. COVERAGES Siert I Iru.Aa 1 t± N V IInOGrc. 01 VV400 , , vi THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI POLICY Et -1- PO"C EXP INSR LTR TYPE OF INSURANCE INSR ADDL WVD POLICY NUMBER MM! MID B GENERAL LIABILITY SGL 5076409 X COMMERCIAL GENERAL LIABILITY _ CLAIMS -MADE ❑X OCCUR E I UMBRELLA LLAB I X OCCUR EXCESS LIAB I�--'{ CLAIMS -MADE D EMPLOYERS' LIABILITYY / N ANY PROPRIETOR / PARTNER / EXECUTIVE C OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) K ea, describe under DESCRIPTION OF OPERATIONS below _ A CA 3377177 U4%01/2013 04/01/2011 ADS CA 3377178 04/01/2013 04/01/2011 MA ADS WCO25842304 04/01/2013 04/01/201 CA SIR applies per policy terns & conditions DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES {Attach ACORO 101. Additional Remarks Schedule, fI more %PACO % requlrad) Business Unit NO. 293MC1. City of Lake Elsinore is included as Additional Insured with r Automobile Liability Policies where required by written contract. The insurance provided insurance maintainedby the Additional Insured is excess and Nan -Contributory. A waiver o the Additional insured on the General Liability Automobile Liability and workerscompen written contract. The Architects & Engineers policy includes coverage for Professional Li Liability. see attached endorsements. CERTIFICATE HOLDER City of Lake Elsinore Attn: City Clerk 130 South Main street Lake Elsinore CA 92530 USA CANCELLATION =D NAMED ABOVE FOR THE POLICY PERIOD )OCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, v1S• Limits shown are as requested LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO REN IED 51,000,000 PREMISES fEa00CUMMoa MED EXP (Any one person) $25,00 PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 PRODUCTS -COMPIOPAGG $2,000,000 COMBINED SINGLE LIMIT $1,000'.000 Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 X TORY Ill MT TS I I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 Each Claim $1,000,000 Aggregate $1,000,000 tspect to the General Liability and hall be Primary and any other - subrogation isgranted in favor of cation Policies where required by Bbility and Contractors Pollution SHOULD ANY OF THE ABOVE DESCRIBED Pd$ S BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE 9MOVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ e L g��s,ftitaarD, ©1988-2010 ACORD CPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD t, r t0 t` co O Lo 0 Z w V m 0 GE N'L AGGREGATE LIMIT APF'L IF S PER: POLICY X PRo- JFCT X LOC B AUTOMOBILE LIABILITY C X ANY AUTO ALL OWNED OW SCHEDULED AUTOS B AUTOS HIRED AUTOS NON -OWNED AUTOS E I UMBRELLA LLAB I X OCCUR EXCESS LIAB I�--'{ CLAIMS -MADE D EMPLOYERS' LIABILITYY / N ANY PROPRIETOR / PARTNER / EXECUTIVE C OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) K ea, describe under DESCRIPTION OF OPERATIONS below _ A CA 3377177 U4%01/2013 04/01/2011 ADS CA 3377178 04/01/2013 04/01/2011 MA ADS WCO25842304 04/01/2013 04/01/201 CA SIR applies per policy terns & conditions DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES {Attach ACORO 101. Additional Remarks Schedule, fI more %PACO % requlrad) Business Unit NO. 293MC1. City of Lake Elsinore is included as Additional Insured with r Automobile Liability Policies where required by written contract. The insurance provided insurance maintainedby the Additional Insured is excess and Nan -Contributory. A waiver o the Additional insured on the General Liability Automobile Liability and workerscompen written contract. The Architects & Engineers policy includes coverage for Professional Li Liability. see attached endorsements. CERTIFICATE HOLDER City of Lake Elsinore Attn: City Clerk 130 South Main street Lake Elsinore CA 92530 USA CANCELLATION =D NAMED ABOVE FOR THE POLICY PERIOD )OCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, v1S• Limits shown are as requested LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO REN IED 51,000,000 PREMISES fEa00CUMMoa MED EXP (Any one person) $25,00 PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 PRODUCTS -COMPIOPAGG $2,000,000 COMBINED SINGLE LIMIT $1,000'.000 Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 X TORY Ill MT TS I I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 Each Claim $1,000,000 Aggregate $1,000,000 tspect to the General Liability and hall be Primary and any other - subrogation isgranted in favor of cation Policies where required by Bbility and Contractors Pollution SHOULD ANY OF THE ABOVE DESCRIBED Pd$ S BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE 9MOVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ e L g��s,ftitaarD, ©1988-2010 ACORD CPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD t, r t0 t` co O Lo 0 Z w V m 0 AoN MEMO RE: 2013 Renewal Certificates of Insurance Policy Period: 04/01/2013 to 04/01/2014 Dear Certificate Holder: We are pleased to provide you with the renewal Certificate of Insurance for subject policy period. This evidence of insurance is provided to you on behalf of Bureau Veritas North America, Inc. (BVNA), TH Hill Associates, Inc., National Elevator Inspection Services, Inc. (NEIS) and OneCIS, Inc. If evidence of coverage is no longer required, please write "CANCEL" across the face of the Certificate and fax it to: Stephen Pechloff at 1-800-363-0105. PLEASE NOTE: Direct any other requests concerning certificates of insurance to your insured contact not to Aon Risk Services. Best Regards, Stephen Pechloff Senior Client Specialist Aon Risk Solutions C