HomeMy WebLinkAboutItem No. 11 Amend No. 2 to agreement Rightway Site Services, Inc.Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-191
Agenda Date: 5/23/2017 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 11)
Page 1 City of Lake Elsinore Printed on 5/19/2017
Page 1 of 1
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Catherine Eakins – Administrative Assistant
Date:May 23, 2017
Subject:Amendment No. 2 to Agreement with Rightway Site Services, Inc.
Recommendation
Approve Amendment No. 2 to the contract with Rightway Site Services, Inc. contractor services,
in the additional contract amount of $30,000, bringing the total not to exceed contract amount to
$60,000 for FY2016/17 through FY17/18. In addition, extend the contract term of the contract a
further 12-month, ending June 30, 2018. Authorize the City Manager to execute Amendment
No. 2 substantially the form attached and in such final form as approved by the City Attorney.
Background
The City has contracted with Rightway Site Service, Inc. since December 2015, for City wide
portable sanitation services. Rightway provides portable sanitations to city parks, beaches and
city events. The Original six-month Agreement dated December 3, 2016 for $16,250 was
amended (Amendment No.1) on July 1, 2016 to extend the contract a further 12-months, and
increased the compensations to $30,000.
Discussion
Due to consolidation (Public Works, Community Services, Campground, and City Manager’s
Office) of Rightway Site Services for “Porta Potties,” it has become apparent that the existing
agreement falls short of covering costs. In addition, unanticipated pumping / emptying of septic
and holding tanks at Lakepoint Park, Senior Center, and the campground has exhausted any
contingency funds. This Amendment No. 2 extends the term of the agreement a further 12-
months, and increases the contract award to cover anticipated expenditures through the end of
FY 17/18.
Fiscal Impact
The current Public Works FY 16/17 budget has funds available to cover the increase of this
contract.
Exhibits
A – Amendment No. 2 Agreement
B – Amendment No. 1 Agreement
C – Original Agreement
AMENDMENT NO. 2
TO AGREEMENT FOR PROFESSIONAL SERVICES
Rightway Site Services, Inc.
Portable Sanitation Rental & Services
This Amendment No. 2 to Agreement for Professional Services (“Amendment No. 2”) is
made and entered into as of May 23, 2017, by and between the City of Lake Elsinore, a municipal
corporation (“City), and Rightway Site Services, Inc., (“Contractor”).
RECITALS
A.The City and Contractor have entered into that certain Agreement for Contractor
Services (On-Call) dated as of December 3, 2014 (the “Original Agreement”). Except as
otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for
such terms in the Original Agreement.
B.The Original Agreement provided for compensation to Contractor in an amount not
to exceed Sixteen Thousand Two Hundred Fifty dollars ($16,250) for a six (6) month term.
C.Amendment No. 1 dated July 1, 2016, extended the term of the original agreement
further 12-months, ending June 30, 2017. Compensation increased to $30,000 to cover the term
of the Agreement.
D.Due to increase demand and unforeseen expenses, the current contract amount
of $30,000 is to be increased by $30,000.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1.Section 2, subpart C, Term, of the Original Agreement is hereby amended to add
the following:
Unless earlier terminated as provided elsewhere in the Original
Agreement, this Amendment No. 2 shall continue in full force and effect for
a period of Thirteen (13) months, commencing on May 23, 2017 and
ending on June 30, 2018. The City may, at its sole discretion, extend the
term of this Agreement on a 12-month basis not to exceed one (1)
additional twelve (12) month renewal terms by giving written notice thereof
to Contractor not less than thirty (30) days before the end of the contract
term, such notice to be exercised by the City Manager.
2.Section 3, Compensation, of the Original Agreement is hereby amended to read in
its entirety as follows:
Compensation to be paid to Contractor shall be in accordance with the fees
set forth in Contractors’ Proposal (Exhibit A to the Original Agreement) and
Contractor’s June 24, 2016 Proposal (Exhibit A-1 to Amendment No. 1).
In no event shall Contractor’s compensation related to Amendment No.2
to the Original Agreement exceed Sixty Thousand dollars ($60,000)
without additional written authorization from the City.
Notwithstanding any provision of Contractor’s Proposal and/or
Contractor’s June 24, 2016 Proposal to the contrary, out of pocket
expenses set forth in Exhibit A and Exhibit A-1, respectively, shall be
reimbursed at cost without an inflator or administrative charge. 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.Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed
on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONTRACTOR”
RIGHTWAY SITE SERVIES, INC.
By: Gary R. Wood – V.P.
Date:
Attachments: Exhibit A – Amendment No. 1
Exhibit B – Original Agreement
EXHIBIT A
EXHIBIT A
AMENDMENT NO.1
(Attached)
EXHIBIT B
EXHIBIT B
ORIGINAL AGREEMENT
[ATTACHED]
Exhibit B
AGREEMENT FOR CONTRACTOR SERVICES
RIGHTWAY SITE SERVICES, INC.
Portable Sanitation Rental & Services
This Agreement for Contractor Services (the "Agreement ") is made and entered into as of
December 3, 2014, by and between the City of Lake Elsinore, a municipal corporation ( "City ")
and Rightway Site Services, Inc., ( "Contractor ").
RECITALS
A. The City has determined that it requires the following services: Portable
Sanitation Rentals & Servicing.
B. Contractor has submitted to City a proposal, dated December 3, 2014, attached
hereto as Exhibit A ( "Contractor's Proposal ") and incorporated herein, to provide services and
related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related
work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject
to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent with
Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary
tools, expendable equipment, and all taxes, utility and transportation services required to perform
such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor's
Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the City Manager.
Rightway Ageement 12.03.2014 Page 1
C. Term. Unless earlier terminated as provided elsewhere in this Agreement,
this Agreement shall continue in full force and effect commencing on December 3, 2014 and
ending on June 30, 2015. The City may, at its sole discretion, extend the term of this Agreement
on a 12 -month basis not to exceed Three (3) additional twelve (12) month renewal terms by giving
written notice thereof to Contractor not less than thirty (30) days before the end of the contract
term, such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's compensation exceed Sixteen
Thousand Two Hundred Fifty dollars ($16,250.00) without additional written authorization from
the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket
expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative
charge. 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. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor'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 Contractor no later
than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, 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 Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor'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
Contractor, 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
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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. Licensinq 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 Contractor
under this Agreement ( "Documents & Data "). Contractor 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. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor 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 Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City's name or insignia, photographs relating to project for which Contractor's services are
rendered, or any publicity pertaining to the Contractor'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.
7. Contractor's Books and Records.
a. Contractor 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 Contractor to
this Agreement.
b. Contractor 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 Contractor's address indicated for receipt of notices
in this Agreement.
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d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor'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 Contractor, Contractor's
representatives, or Contractor's successor in interest.
8. Independent Contractor. It is understood that Contractor, 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.
9. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and /or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
10. Interests of Contractor. Contractor (including principals, associates and
management 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 Contractor's services
hereunder. Contractor 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.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
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).)
11. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement.
All work performed by Contractor under this Agreement shall be in accordance with applicable
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legal requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
12. Compliance with Laws. Contractor 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. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
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
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
the following insurance policies.
i. Workers' Compensation Coverage. Contractor 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, Contractor
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
Contractor for City. In the event that Contractor is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his /her employees in accordance with
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the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Contractor 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. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor 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.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may
be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII 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 insured with respect to liability
arising out of work performed by or on behalf of the Contractor, 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.
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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
rctentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self- insured retentions.
d. Certificates of Insurance. Contractor 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
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Rightway Site Services, Inc.
Attn: Irene Delgado, Office Manager
530 Central Ave
Lake Elsinore, CA 92530
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Contractor. 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 Contractor 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 reputation, experience and competence
of Contractor and the subcontractors listed in Exhibit B. Contractor 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 Contractor under this Agreement will be permitted only with the express consent
of the City. Contractor shall not subcontract any portion of the work to be performed under this
Agreement except as provided in Exhibit B without the written authorization of the City. If City
consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions
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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. Waivcr. Waivcr 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.
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 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. Contractor 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. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement.
27. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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
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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. Contractor 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.
29. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non - payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
30. 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.
Signatures on next page]
Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY"
CONTRACTOR"
Rightway Site Services, Inc. a Contractor
CITY OF LAKE ELSINORE, a municipal
corporation
A W)
Grant Y s, City Manager
Its: Y t
OIL
111tt Iu,lL l l ,
APPROVED
Mt
TO FORM:
T
Attachments: Exhibit A — Contractor's Proposal
Exhibit B — List of Subcontractors
Page 10
EXHIBIT A
CONTRACTOR'S PROPOSAL
ATTACHED]
EXHIBIT A
11141FOR]
W, Sri 11 SERVICE"
August 25, 2014
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Re: Contract Agreement
To Whom It May Concern;
Rightway Site Services, Inc. is pleased to offer the following Exclushle,,lgreement for Portable Sanitation. It has
been a pleasure working with the City of Lake Elsinore, and Nve look forward to providing you with exceptional
service for your year round and special event units. Agreement will be effective once signed and returned to
Rightway office.
The following cost is based on a minimum of I I units for the term of the contract. Containment trays for long term
units will be included at no additional cost, if requested at time of delivery. Agency and Energy Fees will be added
to all invoices.
Standard Tufway w/Hand Sanitizer
Includes one-time per week service)
Second Weekly Service
Delivery
Special/Holiday Service
Handicap Accessible Units
Includes one-time per week service)
Delivery
Special Event Units
Standard. TufWay (No hand sanitizer or containment trays)
Delivery
Special/Holiday Set-vice
Containment Trays (If Requested)
Tray Delivery
Additional Services
Exchanges for Damaged Units (Plus cost of damages)
Replacement Cost of Units
Floating Toilets (Up to 1000 gallons)
Irene Delgado Date
Rightway Site Services, Inc.
48.31 cacti
46.00 each
12.50 each
11.50 each
120.00 each
50.00 each
48.31 each
12.50 each
11.50 each
6,00 each
6.25 each (w./Toilet)
I i.00 each
575.00 each
150.00 + dump fees
Authorized Representative Date
Please Print Name
LIST OF SUBCONTRACTORS
ATTACHED]
Not Applicable
M.
r
ACDRD,. CERTIFICATE OF LIABILITY INSURANCE I Date(1411,1D1)NR)
1 213 11201 4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE
OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms
and conditions of the policy, certain policies require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of
such endorsement(s).
PRODUCER
Hetternan Insurance Brokers
CONTACT
NAME:
PHONE 1300 -208 -8912 FAX 800 - 215.0147
PO Box 69038 EMAIL
Portland, OR 97239 ADDRESS:
INSURERS AFFORDING COVERAGE NAIL 9
INSURED
Rightway Site Services, Inc.
653 West Minthorn
Lake Elsinore, CA 92530
INSURER A: Massachusetts Bay Insurance Co. 22305
INSURER s: Allmerica Financial Benefit 41840
INSURER :
12/31/2016 DAMAGETORENiEO
PR[MlSP„S SocCUrren ce
DINSURERD:
CLAIM&MADE a OCCUR
INSURER E:
INSURER F.
MED EXP (Anyone Pmw) 5,000.
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPr=CT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OF INSURANCE AODL
INSR
SUER
WVD POLICY NUMBER POLICY EFF
MMfDD,.
POLICY EXP
MM1D LIMITS
GeWRAL L LIABILITY EACH OCCURRENCE 1,000,000
A x COMMERCIAL GENERALLIABILMY X ZD2909Z79404 12/31/2014 12/31/2016 DAMAGETORENiEO
PR[MlSP„S SocCUrren ce 1,0010,000
CLAIM&MADE a OCCUR MED EXP (Anyone Pmw) 5,000.
INJURY
AL & ADV 11,000,000
X 9 GL DEDUCTIBLE APPLIES GENERAL AGGREGATE 2,000.000
GEN'L. AGGREGATE LIAITAPPLIES PER PRODUCTS • COMPIOP
AGG 2,000,000
X POLICY PROJECT LOC
AUTOMOIBLE LIABILITY COMBINED SINGLE LIMIT
Fa amwmt 1,000310100
B X ANY AUTO AW2909279704 12/31/2014 12/31/2015 BODILY INJURY (Per
person)
ALL OWNED AUTOS SCHEDULED
AUTOS
BODILY 114JURY (Per
accldeat)
PROPERTY DAMAGE
Peraccldent) X HIREDAVTOS X NON-OWNEDAUTOS
w
UMSRELLALIAa OCCUR EACH OCCURRENCE
EXCESS LIAR CLAIMS -MADE AGGREGATE
DED RETENTION $11,00
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
V,CSTATU- OTH-
TORY LINrtS ER
E.L. EACH ACCIDENTANYPRORPIERITOR /PAfi7A+ER/l= 7CECUT1yF1
OFFICEWATEM2EREXCLUDED?
Mandatory M N.H.)
NIA El, DISEASE - EA
EMPLOYEE
u yes, descdha at}der DESCRIPTION OF
OPERATIONS bebw
E.L. DISEASE - PoLlcv
LERlR
A
AUTO POLLUTION LIABILITY PER FORMCA904$03-
06. GENERAL POLLUTION HAB(LMY PER FORM
CCO429 12 -04
202909279404 12131!2014 1213'112015 Er'cH OCCURRENCEEACHOCCURRENCE
INCLUDED IN C9L11,LUDE 9
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, Addk1onel Ramar" SChedUle, IT more space Is required)
RE: As Per Contract or Agreement on File With Insured.
As respects the General Liability, City of Lake Elsinore Ware included as Additional Insured per the attached farm 421-0778 09-09. .
GhKI ]FICA It HULUEK CANCELLATION
City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
THE POLICY PROVISIONS.
ACORD 25 (2010105) 01- 88-2010 ACORD CORPORATION. All rights n4# ei . The ACORD name and !ago are registered marks of
5. Transfer Of Rights Of Recovery
Against Others To Us
If any person or organization to or
for whom we make payment under
this Coverage Form has rights to
recover damages from another,
which have not been waived through
the execution of an "Insured
contract", written agreement, or
permit, prior to the 'accident" or
foss" giving rise to the payment,
those rights to recover damages
from another are transferred to us.
That person or organization must do
everything necessary to secure our
rights and must do nothing after the
accident" or "loss" to impair them.
19. UNINTENTIONAL FAILURE TO
DISCLOSE INFORMATION
The following is added to SECTION IV
BUSINESS AUTO CONDITIONS. B.
General Conditions, paragraph 2.
Concealment, Misrepresentation Or
Fraud:
Your unintentional error in disclosing, or
failure to disclose, any material fact
existing after the effective date of this
Coverage Form shall not prejudice your
rights under this Coverage Form.
However, this provision does not affect
our right to collect additional premium or
exercise our right of cancellation or
nonrenewal.
AW2 9092797 04 0901323
19. HIRED AUTO -WORLDWIDE
COVERAGE
The following is added to SECTION IV -
Business Auto Conditions, S. General
Conditions, paragraph 7_ Policy Period,
Coverage Territory provision_
Outside the coverage territory
described in a., b., c., and d.
above for an "accident" or "lose'
resulting from the use of a
covered "auto" you hire, without a
driver, or your employee hires
without a driver, at your direction,
for the purpose of conducting your
business, for a period of 30 days
or less, provided the suit is
brought within The United States
of America or its territories or
possessions.
SECTION V - DEFINITIONS
20. MENTAL ANGUISH
Paragraph C. "Bodily injury.', SECTION V -
DEFINITIONS is replaced by the following:
C. "Bodily injury" means bodily injury,
sickness or disease sustained by a
person including death or mental
anguish resulting from any of these.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright Insurance Services Office, Inc., 1996
461 -0185 (9 -97)
COMMERCIAL GENERAL LIABILITY
CG 04 28 112 414
POLLUTION EXCLUSION - NAMED PERIL LIMITED
EXCEPTION FOR A SHORT -TERM POLLUTION EVENT
ilus endorsement moditres insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The fo €lowing replaces Exclusion f. under Para-
graph 2. Exclusions of section I — coverage A —
Bodily Injury And Property Damage Liability,
f. Pollution
4) "Bodily injury" of "property damage" arising
out of the actual, alleged or threatened dis-
charge, dispersal, seepage, migration, re-
lease or escape of 'pollutants":
a) At or from any premi;,es, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured_ However, this subparagraph
does not apply to:
i) "Bodily injury" rff sustained within a
building and caused by smoke,
fumes, vapor or soot produced by or
originating frarn equipment that is
used to heat, cook or dehumidify the
building, or equipment that Is used to
heat water for personal use, by the
building's occupants or their guests;
ii) "Bodily injury" or "property damage'
for which you may be held liable, if
you are a contractor and the owner
or leseee of such promisee, site or
location has been added to your pol-
icy as an additional insured with re-
spect to your ongoing operations per-
formed for ffiat additional insured at
that premises, site or location and
such premises, site or location is not
and never was owned or occupied
by, or rented or lDaned to, any in-
sured, other than that additional in-
sured;
b)
c)
iii) "Bodily injury" or 'property damage"
arising out of beat, smoke or fumes
from a "hostile fire"; or
iv) "Bodily injury" or 'property damage"
arising out of a 'short -term pollution
event' provided the "short -term pollu-
tion event" would not have taken
place but for a 'named peril" having
occurred, and you notified us of the
short-term pollution event" as soon
as practicable but no more than four-
teen (44) days after its ending.
At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the han-
dling, storage, disposal, processing or
treatment of waste;
Which are or were at any time trans-
ported, handled, stored, treated, dis-
posed of, or processed as waste by or
for
Any insured; or
ii) Any person or organization for whom
you may be legally responsible; or
CG 0428 12 04 0 ISO Properties, Inc., 2003 Pagel of3 Ll
d) At or from any premises, site or location
on which any insured or any con'tr'actors
or subcontractors working directly or in-
directly on any insured's behalf are per -
forming operations If the "pollutants' are
brought on or to the premises, site or to-
cation in connection with such opera-
tions by such insured, contractor or sub-
contractor_ However, this subparagraph
does not apply to:
1) "&odity injury' or "property damage'
arising out of the escape of fuels, lu-
bdcants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or me-
chanical functions necessary for the
operation of "mobile equipnmenr or
its parts, If such fuels, lubricants or
other operating fluids escape from a
vehicle part designed to hold, store
or receive them. This exception does
not apply If lire "bodly injury" or
property damage arises out of the
intentional discharge, dispersal or re-
lease of the fuels, lubricants or other
operating f€ufds, or if such fuels, lu-
bricants or other operating fluids are
brought on or to the premises, site or
location with the intent that they be
discharged, dispersed or released as
part of the operations being per-
formed by such insured, contractor
or suboontractor;
1I) 'Badity injury' or "properly damage"
sustained within a budding and
caused by the release of gases,
fumes or vapors from materials
brought into that building in connec-
tion with operations being performed
by you or on your behalf by a con-
tractor or subcontractor,
iii) "Hodify injury' or "property damage
arising out of heat, smoke or fumes
from a "hostile fire"; or
iv) Modify injury or "property damage'
arising out of a 'short-term pollution
event" provided the 'short-term pollu-
tion event' would not have taken
place but for a "named peril" having
occurred, and you notified us of the
short -term pollution event as soon
as practicable but no more than four-
teen (14) days alter its ending.
e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or in-
direttly on any insured's behalf are per-
forming operations if the operations are
to test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the ef-
fects of, "pollutants" -
2) Any loss, cost or expense arising out of any:
a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up, re-
move, contain, treat, detoxify or neutral-
ize, or in any way respond to, or assess
the effects of, 'pollutants"; or
b) Claim or suit by or on behalf of a gov-
ernmental authority for damages be-
cause of testing for, monitoring, cleaning
up, removing, captaining, treating, de-
toxifying or neutralizing, or in any way
responding to, or assessing the effects
of, "pollutants "_
However, this paragraph does not apply to
liability for darnages because of *property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a govern-
mental authority.
B. The following are added to the Definitions Sec-
tion:
1, "Named Peril" means:
a. Lightning, windstorm or earthquake;
b, Explosion, implosion, collapse, puncture,
bursting, rupture, collision, or overtum of a
tank, a vessel, machinery, equipment, or
other similar apparatus or device (other
than an "auto "), Including any attached pip-
ing, pumps or valves, if the explosion, im-
plosion, collapse, puncture, bursting, rap-
ture, collision, or overtum is not caused by
deterioration, corrosion, erosion, decay, rot-
ting or wear and tear, or
c. Vandalism or malicious mischief by some-
one other than an imsured-
2. "Short -term pollution event" means a dis-
charge, dispersal, reteaae or escape of 'pollut-
ants' which:
a. Begins during the policy period;
Page 2 of 3 0 ISO Properties, Inc_, 2003 CG 04 2812 04 Ca
ACORD. CERTIFICATE OF LIABILITY INSURANCE Da16/
01N12014ITY
iHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONStTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE
OR PRODUCER AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. If SUBROGATION IS WAIVED, sut4nc€ to the terms
and condiliorts of the policy, certain policies require an endorsement. A statement on this Certificate does not confer rights to the certificate holder In lieu of
such endorsement(s).
PRODUCER
Heffernan Insurance Brokers
PO Box 69038
Portland, OR 97239
CONTACT
NAME:
PHONE
A/C ND Ext : 800-208-6912
FAX
AIC,ND :
800 - .15 -0147
EMAIL
ADDRESS:
GENERAL L LIABILITY
INSURERS AFFORDING COVERAGE NAIO #
INSURED
Rightway Site Services, Inc.
653 W. Minthorn
INSURER A: Wesco Insurance Company 25011
INSURER B!
COMNIZ_RCULL GENERAL LIABILITY
INSURER C:
INSURER D:
10=,"'.)
Lake Elsinore, CA 92530 INSURER E:
CLAIMS -MADE OCCUR
INSURER F:
r1l1l1Cr2Ar:C1M r_P12TIFIC!ATF h1"URFR- KtMVI.`11Ur4 IYUIYRISCK:
THIS IS TO CERTIFY THAT POLICIES .OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TC THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
AOOL
INSR SUERWVD POLICY NUNISER
POLICY EFF
MINDDNYYYI
POWCY EXP
lvlMdf0Dl1 -Yri LIMITS
GENERAL L LIABILITY EACH OCCURRENCE
COMNIZ_RCULL GENERAL LIABILITY
10=,"'.)
ED EXP tAnP me person) CLAIMS -MADE OCCUR
PERSONAL S ADV
INJURY
GENERALAGGREGATE
GEN1, AGGREGATE LIMIT APPLIES PER
PRGDUC7S- CDMPlOP
POLICY PROJECT LOC
AUTOMOBILE LIABILITY
COlutBlN
9"
SINGLE LIMIC
Ea acctdenl
BODILY INJURY (For
person) ANYAUTO
RODILY INJURY(Per
accident} ALL OWNED AUTOS
SCHWULED
AUTOS
PROPERTY DAMAGE
Peraccidonty
NONWNED
HIRED AUTOB dOAUTOS
UN PX-tLA L1AB OCCUR EACH OCCURRENCE
AGGREGATEEY,CESSLIAS CLAIMS -MADE
DED RETENTION S
A
WORKERS COMPENSATION
AND EMPLOVERS LIABILITY YIN
ANY PRORPIEWTORIPARTNEReXECUTIVE!
yNIA
Mandalory H N.H.)
WWG3097530 OB130l2014 0613012015
Y WCSTATIT OM." "'MIT' ER
E.L. EACH ACCIDENT 1,000,000
E.L. DISEASE -Ea,
EMPLOYEE; 1,000,000
If yes, descrbe under DESCRIPTION OF
OPERATIONS baloW I I
E.L. DISEASE - POLICY
LMAIT 1,000,000
DESCRIPTION OF OPERATIONS T LOCATIONS r VEHICLES (Attacd ACORD 101, AddWonal Remarks Schedule, ii more space ss required)
RE: As Per Contract or Agreement on File with Insured.
CERTIFICATE HOL.UER L:ANL:tLLAtIL)N
SHOULD ANY OF THE ABOVE DESCRiSEO POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE; WITH
THE POLICY PROVISIONS.
City of lake Elsinore
130 S. Main St. AUTHORIZED REPRESENTATIVE
Lake Elsinore, CA 92530,. -
ACCRD 2s poib 05) The ACORD name and logo are registered marks of ACORD 01- 88-2010 ACORD
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL)
TRI -STAR ELECTRIC
Electrician Services
This Amendment No. 2 to Agreement for Professional Services ( "Amendment No. 2 ") is
made and entered into as of January 1, 2017 by and between the City of Lake Elsinore, a
municipal corporation ( "City), and John Sclifo doing business as Tri -Star Electric, ( "Contractor").
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor
Services (On -Call) dated as of July 1, 2016 (the "Original Agreement "). Except as otherwise
defined herein, all capitalized terms used herein shall have the meanings set forth for such
terms in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount
5,000.
C. Amendment No. 1 dated September 6, 2016 increased the compensation award
by $15,000, for a not to exceed amount of $20,000.
D. The parties now desire to increase the compensation by $10,000 for such
services as set forth in this Amendment No 2.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. The first paragraph of Section 3, Compensation, of the Original Agreement is
hereby amended to read in its entirety as follows:
Compensation to be paid to the Contractor shall be in accordance with
the fees set forth in the Contractor's Proposal (Exhibit A to the Original
Agreement). In no event shall Contractor's compensations exceed Thirty
Thousand Dollars ($30,000) per Fiscal Year without additional written
authorization from the City. Notwithstanding any provision of
Contractor's Proposal to the contrary, out of pocket expenses set forth in
Exhibit A of the Original Agreement shall be reimbursed at cost without
an inflator or administrative charge. 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.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
Amendment No 2 - Tri Star docx
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be
executed on the respective dates set forth below.
CITY°
CITY OF LAKE ELSINORE, a municipal
corporation
Gra tes, City Manager
Date: j /_1/6
ATTEST:
APPROVED AS TO FORM:
City Attorney
Attachments: Original Agreement
Amendment No. 1
Amendment No 2 • Tai Star.dou
CONTRACTOR"
John Sclffo doing business as Tri -Star
Electric
John Sciifo, Owner
Date: _q/