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Home My WebLink AboutItem No. 04 1st Amend Interwest ConsultingText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-607 Agenda Date: 4/10/2018 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council / Successor Agency Agenda Number: 4) Page 1 City of Lake Elsinore Printed on 4/5/2018 CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL To:Honorable Mayor and City Council Members From:Grant Yates, City Manager Prepared by: Justin Kirk, Principal Planner Subject: First Amendment to an Agreement with Interwest Consulting Group for On- call Building Inspection Services Date:April 10, 2018 Recommendations Approve and Authorize the City Manager to execute the first amendment to an agreement with Interwest Consulting Group for limited-term temporary building inspection services for $250,500 through June 30, 2019, in form as approved by the City Attorney. Background On September 6, 2016, the City entered into an agreement with Interwest Consulting Group to provide on call building inspection services while an employee was out on leave. The agreement for building inspection services was not to exceed $30,000 and was for a period of less than 3 months. On December 13, 2016, the City Council approved an agreement with Interwest Consulting Group to provide on call building inspection services. The agreement for building inspection services was not to exceed $240,000 and is set to expire on June 30, 2018. This first amendment will add $250,500 and bring the total agreement to a not to exceed $490,500. Discussion Due to charges in mileage and the actual amount billed, there is a need to amend the agreement to add $73,700 to the current Fiscal Year’s budget to provide for on call building inspection services. Furthermore, due to the continued heightened demand for building inspections and the current City building staff level not adequate to handle this increase in activity the agreement will need to be extended to June 30, 2019. Interwest Consulting Group Page 2 Fiscal Impact The cost for temporary building inspection services on an as-need basis will not exceed $490,500 total for fiscal years 2016-17, 2017-18 and 2018-19. Expenditures for these services will be paid from the Building Division budget. The building permit revenues fund the costs for these services. Exhibits: A. First Amendment B. Original Agreement “Exhibit A” FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND INTERWEST CONSULTING GROUP INC. FOR TEMPORARY BUILDING INSPECTION SERVICES (ON-CALL) THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment”) is made and entered into as of April 10, 2018 by and between the City of Lake Elsinore (“City) a municipal corporation, and Interwest Consulting Group Inc. (“Consultant”) with the respect to the following facts and purposes. RECITALS a.On December 13, 2016, the City and Consultant entered into that certain agreement entitled “Agreement for Professional Services”, in the amount of $240,000 with an expiration date of June 30, 2018. b.The parties now desire to increase the payment for services in the amount of $73,700 for Fiscal Year 2017-18 and $176,800 for Fiscal Year 2018-19 and amend the Agreement as set forth in this First Amendment for those items of work included in “Exhibit A” and “Exhibit B”. c.The parties now desire to extend the agreement to June 30, 2019 for those items of work included in “Exhibit B”. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1.Section 1. Scope of Services. is amended and restated in its entirety as follows: Consultant shall perform the services described in Consultant’s Proposal (Exhibit A and Exhibit B). Consultant shall provide such services at the time, place and in the manner specified in Consultant’s Proposal (Exhibit A and Exhibit B), subject to the direction of the City through its staff that it may provide from time to time. 2.Section 2.c. Term. is amended and restated in its entirety as follows Unless earlier terminated as provided elsewhere in this Agreement, this agreement shall continue in full force and effect until June 30, 2019. 3.The following paragraph is added to Section 3. Compensation.: City hereby agrees to pay Consultant up to an additional sum of $73,700 for services performed in Fiscal Year 2017-18 and to pay Consultant $176,800 for services performed in Fiscal Year 2018-19 in accordance with Consultant’s Proposal (Exhibit A and Exhibit B). In no event shall Consultant’s compensation pursuant to the Agreement for Professional Services as amended by this Amendment exceed Four Hundred Ninety Thousand and Five Hundred Dollars ($490,500) without additional written authorization from the City. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. 4.Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 431S.PALM CANYON DRIVE,SUITE 200 ●PALM SPRINGS,CA92649 ●TEL.760.417.4329 ●www.interwestgrp.com Page | 2 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONSULTANT” Interwest Consulting Group Inc., California corporation By: Ron Beehler, SE, CBO Exhibits: Exhibit A – Consultant’s Proposal - Fiscal Year 2017-18 Exhibit B – Consultant’s Proposal - Fiscal Year 2018-19 431S.PALM CANYON DRIVE,SUITE 200 ●PALM SPRINGS,CA92649 ●TEL.760.417.4329 ●www.interwestgrp.com Page | 3 “Exhibit A” March 15, 2018 Jennifer Perrault Human Resources Specialist City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: Proposal to Provide Full Time Building Inspection Services – City of Lake Elsinore February 1, 2018 – June 30, 2018 Thank you for contacting us with the opportunity to continue to provide full time Building Inspection Services to the City of Lake Elsinore. We are excited about continuing to serve the City’s Building and Safety Division. During our March 15 telephone conversation, you requested a letter proposal to extend the existing service from February 1, 2018 to June 30, 2018. We are very aware of the challenges and requirements for municipal governments since many of our staff has held senior and executive management positions within numerous California cities. Our staff includes former Building Officials, Building Inspectors, Public Works Directors, City Engineers, Capital Projects Managers, Inspectors, Plan Checkers, Permit Technicians and Construction Managers. This background and experience is important since serving in the capacity of the "owner", especially local agencies, requires a high level of sensitivity towards community and special interest group issues. Accordingly, our professional staff truly understands and values the importance of maintaining a focus on representing the interests of our public agency clients in a manner which reflects positively on the Cities we serve. For this assignment, we propose Mr. Mike Neely,Building Inspector III at the hourly rate of $85. The Rate Schedule and Mr. Neely’s resume are included with this proposal. Services will be provided on a full time basis (8 hours per day), Monday through Friday. The proposed contract duration is for five (5) months. The estimated total cost for this assignment is $73,700. This contract may be extended for as long as the City requires the services with the compensation based on the Current Fee schedule in place at the time of the extension. Weekend work, nights, and all other overtime will be billed at $120/Hour and work on Holidays will be billed at $160/Hour (this additional cost is not included in the above estimate. Chris A. Vogt, PE will serve as Project Manager and the management contact to the City of Lake Elsinore. Ron Beehler, SE, CBO is the Principal in Charge and an authorized representative of Interwest Consulting Group that has the authority to sign all necessary agreements. Services will be directed out of our Palm Springsoffice with contact information listed on the following page: 431S.PALM CANYON DRIVE,SUITE 200 ●PALM SPRINGS,CA92649 ●TEL.760.417.4329 ●www.interwestgrp.com Page | 4 Ron Beehler, SE, CBO Chris A. Vogt, PE 431 S. Palm Canyon Drive, Suite 200 431 S. Palm Canyon Drive,Suite 200 Palm Springs, CA 92262 Palm Springs, CA 92262 760.417.4329 Office 760.417.4329 Office 714.742.1551 Mobile 951.616.4925 Mobile rbeehler@interwestgrp.com cvogt@interwestgrp.com Please let me know if you require any additional information or have any questions. Thanks again and we look forward to this assignment. Sincerely, Director of Building & Safety Services Coachella Valley Regional Manager Ron Beehler,SE, CBO Chris A. Vogt, PE Page | 3 INTE RWEST CONS UL TI NG GR OUP w w w . i n t e r w e s t g r p . c o m E D U C A T I O N Law Enforcement/Police Science, SkagitCollege Mt.Vernon, WA 1973 R E G I S T R A T I O N S C E R T I F I C A T I O N S ICC Building Inspector No. 0843305-B5 ICC Mechanical Inspector No. 0843305-M5 A W A R D S Certificate/Appreciation plaque from the mayorofthe City ofBurbank for services rendered during the Northridge earthquake. MikeNeely ICC Certified Inspector Mike possess over than 20 years of inspection experience with the vast amount of his career spent serving the City of Palm Desert as a Building Inspector. With his immense knowledge and natural leadership ability the City entrusted him with the responsibility of trainingfieldinspectors. Mike holds ICC certifications in both Building and Mechanical codes and has held certifications in concrete inspection. He participates in ongoing CALBO and ICC training as well as State of California disaster relief training currently holding a California Disaster ServiceReliefWorkerID. Mike’s extensive background as a Building Inspector working directly for a public agency provides him with the understanding of the tasks needed to deliver quality work within the required the timeframe and budget. He works seamlessly within all environments with theutmostprofessionalismin allsituationsand isan asseton all projects. P R O J E C T S P E C I F I C E X P E R I E N C E BuildingInspector Present InterwestConsultingGroup Performing non-structural and minor structural plan review for commercial and residential constructionaswellasinspectionsservicesforclientjurisdictions. Superintendent 2006-2008 KenHudsonConstruction Responsible in full for on-site construction management; effectively schedule, monitor and inspect all work from start to finish. Maintain budgets, process invoices and control overhead costs. Duties also include making daily written reports and coding all phases of workforcomputerentry. BuildingInspector II 1986-2006 City ofPalmDesert Responsibilities included inspection of new and remodeled construction to insure compliance of the California Building, Plumbing, Mechanical, Electrical Codes, and applicable city ordinances. Duties also included the training of field inspectors, investigationsoffiresand accidentaldrowning. Page |4 2016 Fee Schedule c u Schedule of hourly rates by classification: Classification Hourly Billing Rate Engineering Principal ............................................................................. $140 Project Manager.................................................................$125 Construction Manager........................................................$120 Assistant Construction Manager ........................................$110 Supervising Public Works Observer...................................$105 Senior Public Works Observer .............................................$95 Construction Inspector III .....................................................$85 Construction Inspector II ......................................................$80 Construction Inspector I .......................................................$75 Design Engineer.................................................................$120 Storm Water Engineer........................................................$120 Civil Plan Review Engineer ................................................$120 Associate Engineer III ........................................................$105 Associate Engineer II .........................................................$100 Associate Engineer I ............................................................$85 Assistant Engineer ...............................................................$75 Engineering in Training ........................................................$65 SWPPP Professional ...........................................................$85 Engineering Technician III....................................................$73 Engineering Technician II.....................................................$70 Engineering Technician I......................................................$65 Draftsperson......................................................................... $60 Building and Safety Building Official ..................................................................$125 Deputy Building Official ......................................................$105 Plan Check Engineer .........................................................$125 ICC Certified Plans Examiner...............................................$95 CASp ...................................................................................$95 Building Inspector I...............................................................$75 Building Inspector II..............................................................$80 Building Inspector III.............................................................$85 Permit Technician I ..............................................................$40 Permit Technician II .............................................................$45 Permit Technician III ............................................................$50 Reimursables: Construction Management Office/Trailer……………………Cost +15% Administration of Sub-Consultants…….…………………….Cost +15% Permits…………………………………….…………………….Cost +15% Fee Sch le 431S.PALM CANYON DRIVE,SUITE 200 ●PALM SPRINGS,CA92649 ●TEL.760.417.4329 ●www.interwestgrp.com Page | 1 2016 Fee Schedule Printing, reproduction, research, meetings,mileage,telephone usage, general office supplies,overhead, etc…, areincluded asincidental to thecharges in the “Not-to-Exceed” fee schedule and total cost proposal. Rates are typically reviewed yearly onJuly 1 and may besubject torevision unless underspecificcontract obligation. Mileage performing City duties reimbursable at IRS rate. B I L L I N G P R O C E S S Invoices are typically generated upon theconclusion of themonth. Interwest ConsultingGroup will work with the City to supply the necessary billing information. 431S.PALM CANYON DRIVE,SUITE 200 ●PALM SPRINGS,CA92649 ●TEL.760.417.4329 ●www.interwestgrp.com Page | 2 “Exhibit B” March 15, 2018 Jennifer Perrault Human Resources Specialist City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: Proposal to Provide Full Time Building Inspection Services – City of Lake Elsinore July 1, 2018 – June 30, 2019 Thank you for contacting us with the opportunity to continue to provide full time Building Inspection Services to the City of Lake Elsinore. We are excited about continuing to serve the City’s Building and Safety Division. During our March 15 telephone conversation, you requested a letter proposal to extend the existing service from July 1, 2018 to June 30, 2019. We are very aware of the challenges and requirements for municipal governments since many of our staff has held senior and executive management positions within numerous California cities. Our staff includes former Building Officials, Building Inspectors, Public Works Directors, City Engineers, Capital Projects Managers, Inspectors, Plan Checkers, Permit Technicians and Construction Managers. This background and experience is important since serving in the capacity of the "owner", especially local agencies, requires a high level of sensitivity towards community and special interest group issues. Accordingly, our professional staff truly understands and values the importance of maintaining a focus on representing the interests of our public agency clients in a manner which reflects positively on the Cities we serve. For this assignment, we propose Mr. Mike Neely,Building Inspector III at the hourly rate of $85. The Rate Schedule and Mr. Neely’s resume are included with this proposal. Services will be provided on a full time basis (8 hours per day), Monday through Friday. The proposed contract duration is for twelve (12) months. The estimated total cost for this assignment is $176,800. This contract may be extended for as long as the City requires the services with the compensation based on the Current Fee schedule in place at the time of the extension. Weekend work, nights, and all other overtime will be billed at $120/Hour and work on Holidays will be billed at $160/Hour (this additional cost is not included in the above estimate. Chris A. Vogt, PE will serve as Project Manager and the management contact to the City of Lake Elsinore. Ron Beehler, SE, CBO is the Principal in Charge and an authorized representative of Interwest Consulting Group that has the authority to sign all necessary agreements. Services will be directed out of our Palm Springsoffice with contact information listed on the following page: 431S.PALM CANYON DRIVE,SUITE 200 ●PALM SPRINGS,CA92649 ●TEL.760.417.4329 ●www.interwestgrp.com Page | 3 Ron Beehler, SE, CBO Chris A. Vogt, PE 431 S. Palm Canyon Drive, Suite 200 431 S. Palm Canyon Drive,Suite 200 Palm Springs, CA 92262 Palm Springs, CA 92262 760.417.4329 Office 760.417.4329 Office 714.742.1551 Mobile 951.616.4925 Mobile rbeehler@interwestgrp.com cvogt@interwestgrp.com Please let me know if you require any additional information or have any questions. Thanks again and we look forward to this assignment. Sincerely, Director of Building & Safety Services Coachella Valley Regional Manager Ron Beehler,SE, CBO Chris A. Vogt, PE Page | 3 INTE RWEST CONS UL TI NG GR OUP w w w . i n t e r w e s t g r p . c o m E D U C A T I O N Law Enforcement/Police Science, SkagitCollege Mt.Vernon, WA 1973 R E G I S T R A T I O N S C E R T I F I C A T I O N S ICC Building Inspector No. 0843305-B5 ICC Mechanical Inspector No. 0843305-M5 A W A R D S Certificate/Appreciation plaque from the mayorofthe City ofBurbank for services rendered during the Northridge earthquake. MikeNeely ICC Certified Inspector Mike possess over than 20 years of inspection experience with the vast amount of his career spent serving the City of Palm Desert as a Building Inspector. With his immense knowledge and natural leadership ability the City entrusted him with the responsibility of trainingfieldinspectors. Mike holds ICC certifications in both Building and Mechanical codes and has held certifications in concrete inspection. He participates in ongoing CALBO and ICC training as well as State of California disaster relief training currently holding a California Disaster ServiceReliefWorkerID. Mike’s extensive background as a Building Inspector working directly for a public agency provides him with the understanding of the tasks needed to deliver quality work within the required the timeframe and budget. He works seamlessly within all environments with theutmostprofessionalismin allsituationsand isan asseton all projects. P R O J E C T S P E C I F I C E X P E R I E N C E BuildingInspector Present InterwestConsultingGroup Performing non-structural and minor structural plan review for commercial and residential constructionaswellasinspectionsservicesforclientjurisdictions. Superintendent 2006-2008 KenHudsonConstruction Responsible in full for on-site construction management; effectively schedule, monitor and inspect all work from start to finish. Maintain budgets, process invoices and control overhead costs. Duties also include making daily written reports and coding all phases of workforcomputerentry. BuildingInspector II 1986-2006 City ofPalmDesert Responsibilities included inspection of new and remodeled construction to insure compliance of the California Building, Plumbing, Mechanical, Electrical Codes, and applicable city ordinances. Duties also included the training of field inspectors, investigationsoffiresand accidentaldrowning. Page |4 2016 Fee Schedule c u Schedule of hourly rates by classification: Classification Hourly Billing Rate Engineering Principal ............................................................................. $140 Project Manager.................................................................$125 Construction Manager........................................................$120 Assistant Construction Manager ........................................$110 Supervising Public Works Observer...................................$105 Senior Public Works Observer .............................................$95 Construction Inspector III .....................................................$85 Construction Inspector II ......................................................$80 Construction Inspector I .......................................................$75 Design Engineer.................................................................$120 Storm Water Engineer........................................................$120 Civil Plan Review Engineer ................................................$120 Associate Engineer III ........................................................$105 Associate Engineer II .........................................................$100 Associate Engineer I ............................................................$85 Assistant Engineer ...............................................................$75 Engineering in Training ........................................................$65 SWPPP Professional ...........................................................$85 Engineering Technician III....................................................$73 Engineering Technician II.....................................................$70 Engineering Technician I......................................................$65 Draftsperson......................................................................... $60 Building and Safety Building Official ..................................................................$125 Deputy Building Official ......................................................$105 Plan Check Engineer .........................................................$125 ICC Certified Plans Examiner...............................................$95 CASp ...................................................................................$95 Building Inspector I...............................................................$75 Building Inspector II..............................................................$80 Building Inspector III.............................................................$85 Permit Technician I ..............................................................$40 Permit Technician II .............................................................$45 Permit Technician III ............................................................$50 Reimursables: Construction Management Office/Trailer……………………Cost +15% Administration of Sub-Consultants…….…………………….Cost +15% Permits…………………………………….…………………….Cost +15% Fee Sch le Page | 5 2016 Fee Schedule Printing, reproduction, research, meetings,mileage,telephone usage, general office supplies,overhead, etc…, areincluded asincidental to thecharges in the “Not-to- Exceed” fee schedule and total cost proposal. Rates are typically reviewed yearly onJuly 1 and may besubject torevision unless underspecificcontract obligation. Mileage performing City duties reimbursable at IRS rate. B I L L I N G P R O C E S S Invoices are typically generated upon theconclusion of themonth. Interwest ConsultingGroup will work with the City to supply the necessary billing information. AGREEMENT FOR PROFESSIONAL SERVICES lnterwest Consulting Group lnc. Temporary Building lnspection Services (On-Call) This Agreement for Professional Services (the "Agreement") is made and entered into as of December '13, 2016, by and between the City of Lake Elsinore, a municipal corporation City") and lnterwest Consulting Group lnc., a California corporation ("Consultant"). RECITALS A. The City has determined that it requires the professional services related to the inspection of buildings on an "on-call" basis. B. Consultant has submitted to City a proposal, dated August 16, 20'16, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide such professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scooe of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant'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 professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect until June 30, 2018. fa33f84a-7858441 8-ba4 1 -e03caa 1 9297f .docx Page 1 Consultant hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a project task order by the City. Consultant acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through task order issued by the City. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A). ln no event shall Consultant's compensation exceed Two Hundred Forty Thousand dollars ($240,000) without additional written authorization from the City. Notwithstanding any provision of Consultant'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 Pavment. Consultant 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. Consultant'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 Consultant provides services. 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 forty-five (45) days after receipt of the monthly invoice by City staff. 5. Reserved. 6. Susoension or Terminatton. 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 Consultant at least ten 10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. lf 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. ln the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant 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 Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 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, in,uries, and liability, direct or indirect (including Page 2 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. Licensinq of lntellectual Propertv.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. Confidentialitv. 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 noi, 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. 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. Page 3 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. lndependent Contractor. lt 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. 10. PERS Eliqibility lndemnification. ln the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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, Consultant 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. 11 . lnterests 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(aX2).) 12. Professional Abilitv 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 Page 4 shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local iaws, codes, ordinances and regulations. 14. 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 Lake Elsinore business license. 15. lndemnitv. Consultant 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 Consultant 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 Consultant 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 Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. lt is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 ot lhe California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant 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, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. lnsuranceReouirements. a. lnsurance. Consultant, at Consultant'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 Coveraoe. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State of California. ln addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability lnsurance 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. ln the event that Consultant is exempt from Worker's Page 5 Compensation lnsurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation lnsurance in a form approved by the City Attorney. ii. General Liabilitv Coveraoe. 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. lf 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 lnsurance Services Office Commercial General Liability occurrence form CG 0001 (ed. '1 1/88) or lnsurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and lnsurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liabilitv Coveraqe. 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. Automobile liability coverage must be at least as broad as lnsurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liabilitv Coveraoe. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars 1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:Vll 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 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. Page 6 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-lnsured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Gertificates of lnsurance. 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. 17. 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. lf to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 With a copy to: lf to Consultant: lnterwest Consulting Group lnc. Attn: Ron Beehler, SE, CBO 431 S. Palm Canyon Drive, Suite 200 Palm Springs, CA 92262 18. Entire Aqreement. 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. Page 7 19. 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. 20. Assiqnment and Subcontractinq. 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 B. 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 B without the written authorization of the City. lf 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. 21. 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. 22. Severabilitv. lf 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. 23. 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. 24. Litiqation Expenses and Attornevs' Fees. lf 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. 25. 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 pa(ies shall mutually agree upon the mediator and share the costs of mediation equally. lf 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. lf the dispute remains unresolved after mediation, either party may commence litigation. 26. 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. ln approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27. Authoritv to Enter Aoreement. Consultant has all requisite power and authority to conduct lts 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 Page I 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. 28. Prohibited lnterests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of city, during the term of his or her service with city, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Equal Opportunitv Emolovment. 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. 30. Prevailinq Waoes. Consultant is aware of the requirements of California Labor code section 1720, et seq., and 1770, et seq., as well as california code of Regulations, Tifle 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. Consultant agrees to fully comply with all applicable federal and state labor laws including, without limitation, if applicable, the Prevailing Wage Laws). lt is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under california law, and consultant 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 lo comply with the Prevailing wage Laws. The foregoing indemnity shall survive termination of this Agreement. Signatures on next page] Page 9 lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. ctTY" CITY OF LAKE ELSINORE, a municipal corporation APPROVED AS TO FORM: Attachments: Exhibit A - Consultant's Proposal Exhibit B - List of Subcontractors CONSULTANT' INTERWEST CONSULTING GROUP INC., A Page 10 ATTEST: lN WTNESS WHEREOF. the parties have caused this Agreement to be executed on the date first written above. CITY' Clry OF LAKE ELSINORE, a municipal corporation City Clerk APPROVEDAS TO FORM: Attachments: Exhibit A - Consultant's Proposal Exhibit B - List of Subcontracfors CONSULTANT' INTERWESTCONSULTING GROUP INC., A Page 10 ATTEST: EXHIBIT A CONSULTANT'S PROPOSAI ATTACHED] EXHIBIT A August 16,2016 Jennifer Penault Human Resources Specialist City of Lake Elsinore 130 South Marn Street Lake Elsinore, CA 92530 I XT! RW!St COIr5U!TIiIG GROUP RE: Proposalto Provide Full Time Building lnspection Services - Cig of Lake Elsinore: FY 20'16/17 and FY 2017118 Thank you for contacting me with the opportunity to provide full time Building lnspection Services to the City of Lake Elsinore, We are excited about continuing to serve the City's Building and Safety Division. ln your e-mail dated October 27, 2016, you requested a proposal for a Certified Building lnspector, continuing the existing limited term contract, for a full time assignment (40 hours per week) for the remainder of Fiscal Year (FY) 2016/17, and potentially for the entire FY 2017118. We are very aware of the challenges and requirements for municipal govemments since many of our staff have held senior and executive management positions within numerous Califomia cities. 0ur staff includes former Building officials, Building lnspectors, Public works Directors, city Engineers, capital projects Managers, lnspectors, Plan Checkers, Permit Technicians and Construction Managers. This background and experience is important since serving in the capacity of the "owner", especially local agencies, requires a high level of sensitivity towards community and special interest group issues. Accordingly, our professional staff truly understands and values the importance of maintaining a focus on representing the interests of our public agency clients in a manner which reflects positively on the Cities we serve. For this assignment, we propose Mr. Mike Neely, Building lnspector lll at the hourly rate of 985, lntenvest's current Rate Schedule and Mr. Neely's resume are included with this proposal. Services will be provided on a full time basis (8 hours per day), Monday through Friday. The proposed contract duration is separated into two parts: Remainder of FY 2016117 November7,2016-June30,2017 165days AllofFY2017/18 Julyl,2017-June30,2018 253days The cost for temporary building inspection services on an as-need basis will not exceed $240,000 total for the current fiscal year of july 1, 2016 through June 30, 2017 and the following fiscal year of July 1, 2017 through June 30, 2018.This contract may be extended for as long as the City requires the services with the 431 S. PALM CAN-yoN DRrvE. SrrrrE 200 . PALV SpRrNGs, CA 92649 . rEL.760.411.4329 . www.interwesrgrp.com compensation based on the Current Fee schedule in place at the time of the extension. Weekend work, nights, and all other overtime will be billed at $120/Hour and work on Holidays will be billed at $160/Hour this additional cost is not included in the above estimate. Chris A. Vogt, PE will serve as Project Manager and the management contact to the City of Lake Elsinore. Ron Beehler, SE, CBO is the Principa! in Charge and an authorized representative of lnterwest Consulting Group that has the authority to sign all necessary agreements. Services will be directed out of our Palm Springs office with contact information listed on the following page: Ron Beehler, SE, CBO 431 S. Palm Canyon Drive, Suite 200 Palm Springs, CA92262 760.417.4329 Office 714.742.1551 Mobile rbeeh ler@i ntenruestg rp. com Chris A. Vogt, PE 431 S. Palm Canyon Drive, Suite 200 Palm Springs, CA 92262 760.417.4329 Office 951.616.4925 Mobile cvogt@interwestg rp.com Please let me know if you require any additional information or have any questions. Thanks again and we look forward to this assignment. rSincerely,1ft*l Ron Beehler, Director of Bui SE, CBO lding & Safety Services Chris A. Vogt, PE Coachella Valley Regional Manager 431 S. Parn CeNYoN DRIVE, StrtrE 200 o Parv SpnrNcs, CA 92649 o rrr. 760.417.499 o www.inrerweslgrp.com INTERWEST CO NS U LTIN G GROUP www.interwestgrp.com EDUCATION Law Enforcement/Police Science, Skagit Coltege Mt. Vernon, WA L973 REGISTRATIONS CERTIFICATIONS ICC Building tnspector No. 0843305-85 ICC Mechanical lnspector No.0843305-M5 AWARDS Certifi cate/Appreciation plaque from the mayor of the City of Burbank for services rendered during the Northridge earthquake. Mike Neely IGG Gertified lnspector Mike possess over than 20 years of inspection experience with the vast amount of his career spent serving the City of Palm Desert as a Building lnspector. With his immense knowledge and natural leadership ability the City entrusted him with the responsibility of training field inspectors. Mike holds ICC certifications in both Building and Mechanical codes and has held certifications in concrete inspection. He participates in ongoing CALBO and ICC training as well as State of California disaster relief training currently holding a California Disaster Service Relief Worker lD. Mike's extensive background as a Building lnspector working directly for a public agency provides him with the understanding of the tasks needed to deliver quality work within the required the timeframe and budget. He works seamlessly within all environments with the utmost professionalism in all situations and is an asset on all projects. PROJECT SPECIFIC EXPERIENGE Building lnspector Present lnterwest Consulting Group Performing non-structural and minor structural plan review for commercial and residential construction as well as inspections services for client jurisdictions. Superintendent 2006 - 2008 Ken Hudson Construction Responsible in full for on-site construction managemenq effectively schedule, monitor and inspect all work from start to finish. Maintain budgets, process invoices and control overhead costs. Duties also include making daily written reports and coding all phases of work for computer entry. Building lnspector ll 1986 - 2006 City of Palm Desert Responsibilities included inspection of new and remodeled construction to insure compliance of the California Building, Plumbing, Mechanical, Electrical Codes, and applicable city ordinances. Duties also included the training of field inspectors, investigations of fires and accidental drowning. Schedule of hourly rates by classification: Glassification Hourly Billing Rate Reimursables: FeeSchedule 2016 Fee Schedule Printing, reproduction, research, meetings, telephone usage, generaloffice supplies, overhead, etc..., are included as incidental to the charges in the "Notto-Exceed" fee schedule and total cost proposal. Raies are typically reyiewed yealy on July 1 and may be subject to revision unless under specilic contract obligation. Mileage pefoming City duties reimbursable al IRS rate. BILLING PROGESS lnvoices are typically generated upon the conclusion of the month. lnteruest Consulting Group will work with the City to supply the necessary billing information. Ao-ACC)R CERTIFICATE OF LIABILITY INSURANCE DATS (MM'OOTYYYY} 1113t2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Axo cor.rrens No RIGHTS UPoN THE CERTIFICATE xor.oel]iEis CERT'FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AitEND, EXTEND OR ALTER THE COVERAGE AFFORDED By THE pOLtCtES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE lSSUltilG TNSURER(S), AUTHoRtzEo REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; lf the cortificate holder ls an ADDITIONAL :NsuRED, the poticyfieJi m*r b" " rdo.s"d. tf SUBR9GATI6N tS wAtVED;;;;jec-iEthotarmsandconditionsofthepollcy, cortaln pollcles may reguire an sndorsiment. A statement on thls certlficate does not confer rights tothecertificatoholderinlieuo, such ondoBement(s). I PRoDUCER USl Colorado, LLC Prof Liab P.O. Box 7050 Englewood CO 80155 r{suRED INTERCON3s lnteruest Consulting Group P.O. Box 18330 Boulder CO 80308 f:[i?" Kathy star_ fiF.*,t.r,0, goo-e_7.&qlgq--_.--.-- - I ffi.*r,_-_€{AIL ADOBESS: flSuRER(SJ.AFFORD|NG COVERAGE ,{4tC L ilspnerdl,Spec_lqlty lnsuraryqlQ.orypqly ,37!9!_ rr{suRER B :Tlqyqlers lndemnity Cqlpny of CJ 2SOB2 trllsE1dlAyq.l-gry floperty Cas. Co of Am91_ 25674 I{SURER D: -._ IilSUREE E_j 1 THIS IS TO CERTIFY THAT THE PO INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OT_ATW CONTMCT OR OTHER OOCUNAPVT WITH RESPECT TO WHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN, THE INSUMNCE AFFORDEO BY THE POLICIES OESCNIAED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH PoLIcIEs. LIMITS SHowN MAY HAVE BEEN REDUCED BY PAID oLAIM.,rtlsr -itr *peot*s'nffiLrcyruriBEn i,rlgHglffi-mHgx,?& .,u,i,m 1111412015 1'1t14120171XCOr,If,ERCtAL GE}{ERAL UABIUTy I . lcLArMs-MADElxoccunt_t- i GEML AGGREGATE LIMIT APPLIES PER: l- *,., [i t 5F"q I I .* I o*rsn, E^WTEMEtrT6-FENiE_T i PREMtsEstEaomce! , S1,000,000l- I MED ExP {&ry onoprsu) $10,000 l r=*ro"*riorinru^", rrooo.ooo - oeNem-roCnecere . ,Z,OOO.OOO' PRooucrs - coMprop AGG I tro*oa, IT$l, E I AuroxoBtLEUABlLry i- - I xANYAUToilr-_.1_e-wxeoiscHErxrLEDArlrosIAJt6s--- r,aaoo-o" * INoN-owNEDllt I I aoorr-v m.lunv1r".p*ny {r I Bootly tNJURy (ps accirenr) | t EOpERJY-oIm'i5E---:-P{aerdfft} i '. i t5 l Y gAz+goMazs 11t14t2016 11114t2017 11114t20161111412017IWORXERSCOMPENSATIOT{ I llo eurlovens, uABtLtry 4IL lBgrB! FIgrytAErN Eryr i cuP1330T362 uB1339T934 r[yq"r!Fir'!",{ic. I ] E-L D|SEASE'EAEMPLoYEE s1,000,000 DEscRlPTloN oF oPFRArtoNs hrt6w . g.l. o,s= se - po,-,c" t.,rr,t,r i sl,oo0,0o0^ r"otesslonal Liabilitv Y I DPR9726823 | 111141201,6 11t14120,17 per claim $2,ooo,ooo, poliurion Liab lnctuded : , i I thinuatnggrcsstei5looolooolClaimBMed6 I D€scRlP1toNoFoPERAIoltlslLocATloNs,vEHlcLEs(aconoror,e As- required by written contract or written agreement, the following provisions appl.y subject tothepolrcyterms, condi.tions, limitati.ons and exclusions: The certificaie Holder and owner are includedasAutomaticAdditional. Insured.'s-for ongoi-lq ?"q completed operations under General Liabirity; DesignatedrnsuredunderAutomobileLiabj-1ity; and eidirional rnsured;s under umbrerl,a./ E*.."" lr-.lliity-uueontywithrespecttoliabilityarisingoutoftheNamedrnsuredworkperformedonbeha].f of thecertificateholcerandowner- The General Liabillty, Aut.omobile Liability, ilmbrel,la,zExcess insurance applies on a CERTIFICATE HOLDER @ 1988-2014 ACORD CORPORATTON. The ACORD name and logo are registered marks of ACORD cityorLakeErsinore ti:Y UI 2016 130 South Main Street Lake Elsinore CA 92530 CITY CLERK'S OFFICE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORETHEEXPIRATIONDATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE ffTH THE POLICY PROVISIONS. t\" ACORD 25 (2014tO11 All rights reserved. I AGENCY CUSTOMER lD: INTERcoN35 LOC #: Ro',OR ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY USI Colorado, LLC Prof Liab NAMED INSURED Interwest Consulting Group P.O. Box 18330 Boulder CO80308POUCYI{UMBER cARRTER I tancooe EFFECTIVE OATE: ADDITIONAL REMARKS THIS ADDITIONAL REI'ARKS FORM IS A SCHEDULE TO ACORD FORM, FoRMNUMBER: 25 FoRMTITLE: CERTIFICATE OF LILBILIIY INSURANCE primary and non-contributory basis, A Blanket Waiver of Subrogation applies for General- Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excessl,iability policy provides excess coverage over the General Liability, Automobile LiabiLity andEmployersl,iabiIity. Please note thae Additional Insured status does not apply to Professional Liability or Workers' Compensation. @ 2008 ACORD CORPORATION. All rlghts reserued. The ACORD name and logo are registered marks of ACORD ACORD r01 (2008/01) CON41\,lERClAL GENERAL LlABlLlw THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ARCH ITECTS, ENGTNEERS AND SURVEYORS) This endorsement modifles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION ll - WHO lS AN INSURED: Any person or organization that you agree in a h. written contract requiring insurance'' lo include as an additional insured on this Coverage Part, but: a. Only with respect to liabilig for "bodily injury", property damage" or'personal injury"; and b. ll and only to the extent that, the iniury or damage is caused by acls or omissions of you or your subcontractor in the peformance of "your work" to which the \/vritten contract roquiring insurance" applias, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organizatlon: or d. For'bodily injury", "properly damage" or'per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specmcally is added by anothor endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or fallure to render any "professional servlces', g. ln the event that the Limits of lnsurance of the Coverage Part shown in the Declarations ex- ceed the limih of liability required by ths "writ- tsn contract requiring insurance", the insur- anca provided to the additional insured shall be limited to the limits of liability requlred by that lrrltten contract requiring insurance'. Thls endoBement does nol increase the lim- @ 2015 The Trevelers Indemnity Company. Allrights reserved. lncludes tho copyrighled material ol lnsuranca S€rvices Office, Inc., wilh its psrmission its of insurance described in Section lll . Lim- its Of lnsurance. This insurance does not apply to "bodlly inju- ry'or "property damage" caused by'your work" and included in the "products- completed operations hazard" unless the written contract requiring insurance' specifi- cally requires you to provide such coverage tor that additional insured, and then the insur- ance provided to the additional insured aF plies only to such 'bodily injury" or "property damage" that occurs before the end of the pe- riod of time br which the "writlen contract re- quiring insurance" requires you to provide such coverage or the end of the pollcy period, whichever is earlier. 2, The following is added to Paragraph 4.a. of SEC. TION IV . COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is gxcess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is availabls to the addi- tional insured for a loss we cover. However, if you specifjcally agree in the'written contract requiring insurance'' that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basls, this insurance is primary lo other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and wa will not share with the other insurance, provided that: l) The "bodily injury" or ''property damage" for which coverage is sought occursi and 2) The "personal injury" for which coverage is sought arises out of an offense commilted; aftgr you havs signed that kritten contract r6quir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is cG D3 81 09 15 Page 1 of 2 COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rlghts Of Recovery Against Others To Us, of SECTION lV - COMMERCIAL GENERAL Lt- ABILITY GONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work' performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury' or property damage" occurs, or the "personal injury" offense is committed. The following definition is added to the DEFIN!- TIONS Section: Written contract requiring insurance' means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and 'property damage'' occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. @ 2015 The Travelers lndemnity Company. All rights reserved. lncludes th€ copyrighted material of lnsurance services office, lnc., with its perrnission Page 2 of 2 cG D3 81 09 ls 4. COMMERCIALAUTO THIS ENDORSEMENT CI{ANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifles insurance provided under the following: BUSINESS AUTO COVEMGE FORM GENERAL DESGRIPYION oF COVERAGE - Thls endorsement Droadens coverage. However, coverage for any iniury,_damage or medicalexpenses described in any of the provisions of this endorsement may be excluded or lirnited by another endorsement to the Coverage Pari, and thdse coverage broadening provisioni do not apfly to the extent that coverage is exduded or limited by such an endorsementl The following'listing is a general'iover- age deseription only. Lirnitations and exclusions may apply to these coverages. Read atl the [rovisions of this en- dorsement and the test of your policy carefully lo determine rights, duties, and nfiat is and is not coveod. A. A. BLANKETADDITTONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AI' INSURED D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. H]RED AUTO PHYSICAL DAMAGE G. PHYSIGAL OAMAGE . TRANSPORTATION EXPENSES - INCREASED UMIT BLANKET ADDITIONAL INSURED The follm/ng is added to Paragraph Al., Who ts An lnsured, of SECTION tl- COVERED AUTOS LI,ABILITY COVERAGE: Any person or organization who is required under a written conlract or agreement belween youandthatpersonororyanization, that is signed and execuled by you before the .,bodily injury,' or property damsge', occurs and that is in 6ffect during the policy period, to be named as an addl- tlonal lnsured ls an ,'insured" for Covered Autos Liabili} Coverage, bul only for damages to which this insurance applies and only to thC exentthatpersonororganizatlonquallflesasBn ,'lnsuredn under the Who ls An lnsurad prcvlsion contained in Seci.ion ll. EMPLOYEE HIREDAUTO l. The following is added io paregraph A.1., Who ls An tnsured, of SECTION ll - COV- ERED AUTOS LIAEILITY COVERAGE: An "ernployoe" of yours is an ,,insured" while C' opereting e covered ,'euto" hirect or renled under a contraGl or agG€ment in an ',etn- ployees" name, wlth your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIM]T I. WAIVER OF DEDT'CTIBLE - GLASS J. PERSONALPROPERTY K AIRBAGS L. AUTOLOANLEASEGAP M. BI.ANKETWAIVER OF SUBROGATION performing clutles related lo the conduct of your business. 2, The followlng replaces Paragraph b. in 8.5., 0lher lngurance, of SECflON lV - BUSI- NESS AUTO CONDITION9: b. For Hired Auto Physical Damage Cover- age, the foltowfng are deemed to be cov- etEd ''Etitos" you ou,n: l) Any covered 'aulo' you lease, hire, rent or bonow; and 2) Any covered "auto" hlred or rented by your "employee" under a @ntrac{ in an 'employee's" name. with your pennission, while perfonninO duties related lo the conduct of your busl- ness. However, any "auto'that is leased, hired, rented or bonoued with a driver is not a covered "aulo"- EMPLOYEES AS INSUREO The followlng is added to Paragtreph A.1., Who ls An lneurad, of SECTION ll - COVERED AUTOS LIABILITYCOVERAGE: E r- r B. @2O15 Th€ Trayelets lndemnfiy Company. All rights rcsorved, lncludec copyrighted matetlal of lnsurancc Servioes Officc, lnc. with itc parmission GA Ta 20 02 15 Page 1 of3 COMMERGIALAUTO A,ny "employeen of yours is an "insured" while u+ ing a covered "auto" you dont owo, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYTIIENTS - INCREASED LIMITS 1. The following replaces paragraph A,Z.a.lZl ot SECTION I! - COVERED AUTOS LIABILITY COVERAGE: l2l Up to 33,000 for cod of bsit bords (in- cluding bords for relate<t trafflc law viota- tons) rEquired because of an ,,a@ident, we cover. We do not have to furnish ihese bonds. 2- The following replaces paragrapfi A.2.a.(.it of SECTION II - COVERED AUTOS UABILITY COVERAGE: 4) All reasonable e:eenses incuned by the insured,' at our request, including aclual loss of eamings up to $500 a day be- cause 0f time off fiom wort(, E. TRAILERS - TNCREASEO LOAD GAPAC'TY The followlng replaces paragraph G.l. of SEC- NON I.COVEREDAUTOS: 1. "Trailers' with a load capacity of 3,000 patnds or lesg designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The follor,ring ts added to paragraph A.4., cover- age. Extensions, of SECTION lll - pHyStCAL DAMAGE COVERAGE: Hired Auto Physical Damagc Covcrage lf hired 'autoo" sre covered ,,autos,, for Covered Autos Liability Coverage but not covered ',autos,' for Physical Damage Coverage, and this poli,cy also provides Physical Damage Coverage for an owned "aulo", then the physical Oamage Cover. age is extur&d to nautos" that you hire. rent or bonow subject to the following: 1) The most we rvfll pay for ',loss" to any one auto" that you hire. rent or bonow is the lesser of: al $50,000; b) The sctual cash value of the damaged or stolen properly as of the time of the loss,,: or cl The cost of repairing or replacing the damaged or stolen properly with other property of tike ktnd and quality. 2) An adpstment for depreciation and physioal condition will be mede in determining actual cash value in the event of a lotal 'loss". 3) lf a repair or replacement results in better than like klnd or quality, we will not pey for th€ amounl of bettennent. 4) A deductible equal to lhe highest Physical Damage deductible applicable to any owned covered nauto". q Tnis Coverage Extenslon does not apply to: a) Any naulo' that is hired, rented or bor- rowed with a driver; or b) Any 'aulo" thal is hlred, rented or bor- roule'd fiom youf "employee,. G. PHYEICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following redaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION IlI - PHYSICAL DAMAGE COVER. AGE: We will pay up to $50 per day to a rnaximum of Sl,5O0 for temporary trensportstion expense in- cuned by you because of the total th€ft of I cov- ered 'aulo' of the privato passenger type. H. AUDIO, VISUAL AND DATA ELECTROfiIIC EQUIPMENT - INCREASED LIMIT Paragraph C.l.b. of SECTION $t - PHYSIGAL DAMAGE GOVERAGE iS dEIEtEd, I. WAIVER OF DEDUCTIBLE - CLASg The following is added to Paragnaph D., Deducti- bIE, of SECTION III . PHYSICAL DAMAGE COVERAGE: No deductibls for a covered 'auto" will apply to glass damage if the glass is repaired rether lhan replaced. J. PERSONALPROPERTY The following is added to Paragraph A4., Cover- age Ertensions, of SECTION lll - PHYSICAL DAMAGE GOVERAGE: Per:onal Property Cove rage We wlll pay up to $400 for'loss' to wearlng ap parel and other personal property whlch ls: l) Owned by an "insured"; and 2) h oron yourcovered "auto". This coverage only applies in the event of a total theft of your covered "eulo". No deductlbl€s apply to Personal Property oover- age. @ 2O15 The Travclas lndamnity Comp.ny. All rlghl! rescrvcd. lncludeecopyright.d mat rial o, lnsur*toe Services Otnce, lnc, with its p.rmlsslon. Page 2 of 3 cA T4 20 02 15 K.AIRBAGS The following is added to Paragraph B,3., Erclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Excluslon t.a. does not apply lo "loss" to one or more airbags in a covered "auto" you oum that in- flate due t0 a cause other than a causs of "loss" set forth in Paragraphs A.l,b. and A.l.c., but only: a. lf that ''auto" is a covered "auton for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbegs werc not intentionally inflated. We will pay up to a maxirnum of 91,000 for any one "loss". AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Coyer- age Extensions, of SECTION ttl - PHYSICAL DAMAGE COVERAGE: Auto Loan Leasc Gap Coverage for Private Passenger Type Vehicles ln the event of a total 'loss'to a covered ,'euto, of the private passenger type shown in the Sciedule or Declaratlons for which Physical Demage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for sudr covercd ',eqto', less the following: l The amourt paid underthe physlcal Damage Coverage Section of the policy for that'Buto,,; and COMMERCJALAUTO 2) Any: a) Overdue lease or loan payments at lhe time of the "loss"; bl Financial penalties imposed under a lease for excessive use, abnormal wear end tear or high mileagel c) securlty d€posits not retumed by the les- sofi d) Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsurance purchased with the loan or lease; gnd c) Carry-over balances from previous loans or leases. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5,, Ttansfer Of Rights Of Recovery Against Others To Us, of SEGTION lV - BUslNEss AUTO COruD,- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or o€anlzailon to the ex- lent required of you by a written contract exe- cuted prior to eny "accidenl' or "loss,, pro- vided that lie'acddent'or'loss" arises oul of the operations oontemplatecl by such con- tract. The waiver applies only to the penson or organization designated in such contract. M. E oG A- cA Ta 20 02 15 000617 O 201 5 Tho Trav€l€rs I nOemn tty ComFany. All dgits reserved. lnobdcs copyrlght"d m.teri6l of tnEumnco Servlces Otficc, lnc. vyith iti pcrmisiion. Page 3 of 3 TRAVETENS?WORI(ERS COIFENSATIOT{ AIID EMPLOYERS LIABILITY POLEY ENOORSEIIENT IUC 0o oS t3 (oO) _ o: POLICY NUMBER: WAIVER oF OUR RIGHT To REGOVER FRO]UI oTHERs ENDoRsE[IEilT wb hew he rlghl to tpcovcr our payments lrom anyona lhblc for an injury covlred by his pollcy. ut,a wi[ notcnforctourrlghtagalaetftcpelson6rorganlzattonnarnealn'rr" b"rtoo,ic: od d#mlilt lpptr. onty to [reo'fiant $st you prform work under a rwtien contract udi raqu-lr; y;; r ou:uln th'lo agcement rrom us.y This agreament shall not operate dlrectly or indlrectly to beneflt any ono not named ln tre schedulc, SCHEDULE OESIGI{ATED PERSOTII: DES IGNATED ORGANIZATIOI{: DATE OF ISSUE:STASSIGN: BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes onty and does not grant authorization Administfative SgfwbeS - LiCenSing to operate a business. This business license is issued without verifi€tion that the holderi" j30 SOUth Main Stfeet, Lake ElSinOfe, CA92530subjecltoorexemptedfromlicensingbythestate, county, federal government, or any other sovemmentat asency. PH (951 ) 674-3124 Business Name: INTERWEST CONSULTING GROUP BUSINESS LICENSE NO. 023152 Business Location: 431 S PALM CANYON DR Business Type: CONSULTING SERVICES PALM SPRI NGS, C A 92262-7 3OO OwnerName(sl: TERRYROORIGUE lssue Date: 911312016 Erpiration Date: 913012017 INTERWEST CONSULTING GROUP PO BOX 18330 BOULDER, CO 80308-1261 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE . NOT TRANSFERABLE