HomeMy WebLinkAboutItem No. 09 Amend No. 3 Hazzard BackflowText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: TMP-2799
Agenda Date: 6/12/2018 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 9)
Page 1 City of Lake Elsinore Printed on 6/7/2018
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Catherine Eakins –Public Works Administration Assistant
Date:June 12, 2018
Subject:Amendment No. 3WithHazzard Backflow, Co.–Increase Compensation
and Extend Contract Services for FY2018-2019
Recommendation
Approve and authorize the City Manager to extend execute Amendment No. 3 to the Hazzard
Backflow Contract in the additional contract amount of $60,000, bringing the total contract
amount $72,000, and extend the term of the contract for an additional 12-months in the form
attached and in such final form as approved by the City Attorney.
Background
The City has been contracting with Hazzard Backflow, Co., since November 2014, for backflow
services. Hazzard Backflow test 100 backflow devices each year, and repairs damaged or/and
missing devices.
Discussion
The Public Works department has experiencedan increase in the vandalism and theft of the
backflow devicesover recentyearsand now feels it is necessary and cost effective to have
Hazzard Backflow install stainless steel vandal resistant backflow cages to 30 of the 100
devices. The cost to have the cages installed is $59,800 (See Exhibit A attached).
Fiscal Impact
Funds have been identified in the Parks FY2018-2019 Operating Budget.
Exhibits
Hazzard Backflow –Exhibit A –Estimate
Hazzard Backflow –Exhibit B –Amendment No. 3
Hazzard Backflow –Exhibit C –Amendment No. 2
Hazzard Backflow –Exhibit D –Amendment No.1
Hazzard Backflow –Exhibit E –Original Agreement
Estimate
Date
3/1/2018
Estimate #
1629
Name / Address
CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE CA 92530
HAZZARD BACKFLOW-
580 THIRD ST UNIT H
LAKE ELSINORE CA 92530
CONTRACTORS LICENSE #969978
951-445-0809/909-436-7000
Project
SHOULD YOU WANT TO PROCEED , PLEASE SIGN AND DATE ABOVE AND
RETURN AT YOUR EARLIEST CONVIENIENCE Total
Description Qty Rate Total
INSTALL STAINLESS STEEL SINGLE SWING OFF VANDAL
RESISTANT BACKFLOW CAGE FOR ¾”-1” BACKFLOW
ASSEMBLIES (PER ASSEMBLY)
WITH CONCRETE PAD. PARTS & LABOR (PERVAILING
WAGES)
8 1,700.00 13,600.00
INSTALL STAINLESS STEEL SINGLE SWING OFF VANDAL
RESISTANT BACKFLOW CAGE FOR 1 ¼”-2” BACKFLOW
ASSEMBLIES (PER ASSEMBLY)
WITH CONCRETE PAD. PARTS & LABOR (PERVAILING
WAGES)
22 2,100.00 46,200.00
SIGN
DATE
PAYMENT DUE WITHIN 14 DAYS OF COMPLETION OF THE
JOB
$59,800.00
Exhibit A
City of Lake Elsinore
Hazzard Backflow
Amendment No.3
June 12, 2018 Page 1
AMENDMENTNO. 3
TO AGREEMENTFOR CONTRACTOR SERVICES
HAZZARD BACKFLOW
Backflow Services
This Amendment No. 3to Agreement for ContractorServices (“Amendment No. 3”) is
made and entered into as ofJuly 1, 2018by and between the City of Lake Elsinore,a municipal
corporation(“City), andHazzard Backflow (“Contractor”).
RECITALS
A.The City and Contractor have entered into that certain Agreement for Contractor
Services dated as of January 15, 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 Contractorin an amount
not to exceed $5,000 in any Fiscal Year.
C.The term of the Original Agreement was for six(6) months and allowed the City
to extend the term on a 12-month basis, not to exceed three (3) additional 12-month renewals.
D. Amendment No. 1 datedJuly 1, 2016 extended the term of the Original
Agreement by an additional 12-months and provided for compensation to Contractor in an
amount not to exceed $8,000 for FY2016-2017. The Original Agreement, as amended by
Amendment No. 1, is hereinafter referred to as the “First Amended Agreement.”
E.Amendment No. 2 extended the term of the First Amended Agreement for an
additional 12-months, and increased compensation for FY17-18 to a not to exceed amount of
$12,000. The First Amended Agreement, as amended by Amendment No. 2, is hereinafter
referred to as the “SecondAmended Agreement.”
F.The parties now desire to extend the term of the Second Amended Agreement
for an additional 12-month term and increase compensation by an additional $60,000 fora not
to exceed amount of $72,000 for FY18-19.
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, is hereby amended to add the following:
Unless earlier terminated as provided elsewhere in the Original
Agreement, the Second Amended Agreement as amended by this
Amendment No. 3 shall continue in full force and effect for a period of
twelve (12) months,commencing on July 1, 2018 and ending June 30,
2019.
City of Lake Elsinore
Hazzard Backflow
Amendment No.3
June 12, 2018 Page 2
2.Section 3, Compensation, is hereby amended and restated in its entirety as
follows:
Compensation to be paid to Contractor shall be in accordance with the
fees set forth in the Contractor’s Proposal Exhibit A to the Original
Agreement, and Exhibit A-1 to Amendment No.3.
In no event shall Contractor’s compensationrelated to Contractor’s
Proposal, Exhibit A-1 to Amendment No. 3exceed Seventy Two
Thousand Dollars ($72,000) for Fiscal Year 2018-2019without additional
written authorization from theCity.
Notwithstanding any provision of Contractor’s Proposal to the contrary,
out of pocket expenses set forth in Exhibit Ain Original Agreement and
Exhibit A-1 attached to Amendment No.3,shall be reimbursed at cost
without an inflator or administrative charge. Payment by City under this
Agreement, as amended,shall not be deemed a waiver of defects, even
if such defects were known to the City at the time of payment.
3.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. 3 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”
HAZZARD BACKFLOW
Jaquelyn Romero –Co Owner
Date:
EXHIBIT A-1
CONTRACTOR’S PROPOSAL
[ATTACHED]
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
HAZZARD BACKFLOW
Backflow Services
This Amendment No. 1 to Agreement for Contractor Services ( "Amendment No. 1 ") is
made and entered into as of July 1, 2016 by and between the City of Lake Elsinore, a municipal
corporation ("City), and Hazzard ac ow onCntruer .
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor
Services dated as of January 15, 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 Contractor in an amount not
to exceed $5,000) in any Fiscal Year.
C. The term of the Original Agreement was for seven (7) months and allows the City
to extend the term on a 12 -month basis, not to exceed three (3) additional 12 month renewals.
D. The parties now desire to extend the term of the contract for an additional one (1)
12 -month term and provide for compensation to Contractor in an amount of $8,000 for FY2016-
2017 as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
the following:
Section 2, subpart C, Term, of the Original Agreement is hereby amended to add
Unless earlier terminated as provided elsewhere in the Original
Agreement, this Amendment No. 1 shall continue in full force and effect for
a period of twelve (12) months, commencing on July 1, 2016 and ending
on June 30, 2017. The City may, at its sole discretion, extend the term of
this Agreement on a 12 -month basis not to exceed two (2) 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 add
the following:
Compensation to be paid to Contractor for Fiscal Year 2016 -2017 shall be
in accordance with the fees set forth in Contractor's Proposal Exhibit A -1
to Amendment No. 1.
In no event shall Contractor's compensation related to Exhibit A -1 to the
Amendment No. 1 exceed Eight Thousand Dollars ($8000) for Fiscal
Year 2016 -2017 without additional written authorization from the City.
Hazzard Backflow Contractor Services FY2016- 2017.docx Page 1
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A -1 shall be reimbursed at
cost without an inflator or administrative charge. Payment by City underthisAgreementshallnotbedeemedawaiverofdefects, even if suchdefectswereknowntotheCityatthetimeofpayment.
3. Exce t for the-chaNe"peclflFatty- setf$r#{ rein, all -other terms and conditionsoftheOriginalAgreementshallremaininfullforceandeffect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to beexecutedontherespectivedatessetforthbelow.
CITY„
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yat City Manager
Date: L6
ATTEST:
pffi
APPROVED AS TO FORM:
City Attorney
CONTRACTOR"
HAZZARD BACKFLOW
J quel Romero - Co ner
ate, 423-) U
Attachments: Exhibit A -1 -- Contractor's Proposal (July 8, 2016) Original Agreement
Hazzard Backflow Contractor Services FY2016 -2017 Page 2
HAZZARD BACKFLOW-
29235 WOODBRIDGE ST
LAKE ELSINORE CA 92530
CONTRACTORS LICENSE #969978
951- 445- 0809/909 - 436 -7000
Estimate
Date Estimate #
9/25/2016 867
Project
Description Qty Rate Total
INSTALL 2 INCH PRESSURE REGULATORS UPSTREAM OF 2 1,150.00 2,300.00
BACKFLOW DEVICE
RAILROAD CANYON FIRE STATION
22270 RAILROAD CYN
PARTS AND LABOR
SIGN
DATE
SHOULD YOU WANT TO PROCEED, PLEASE SIGN AND DATE ABOVE AND
RETURN AT YOUR EARLIEST CONVIENIENCE Total $2,300.00
DATE (MMIODIYYYY)
L - CERTIFICATE OF LIABILITY INSURANCE 3/10/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the Certificate holder Is an ADDITIONAL INSURED, the pollcy(Wa) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsements . _
PRODUCER CONTAcr Jayme Moreno
R. David Bulen Insurance PHONE (951)674 -0675 (951) 4174-2373
P.O. BOX 115 ADDRESS; 'dflTlFi{bulen.. COm
Lake Elsinore CA 92531 -0115
INSURED Rolando Hazzard
DBA: Hazzard Backflow /Annual Backflow
29235 Woodbridge St
E
Lake Elsinore CA 92530 F:
1 0 DCVHC1Ard NIImFkr -R-
53
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOF1 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.
L TYPE OF INSURANCE
ADDL
POLICY NUMBER
O Y EFf LIMITS
GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
p WjMno) S 100,000XC.OAJMERCIALOENERALLIABILITY
MED EXP (Any one person) S 5,000ACLAIMS -MADE OCCUR X Y 118316673 3/1712016 3/17/2017
PERSONAL & ADV INJURY S 1,000,000
GENERAL AGGREGATE S 2,000,000
QVNT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO S 2,000,000
X POLICY JE C7 LOC
AUTOMOBILE LIABILITY e wcl n IN L 1,000,000
BODILY INJURY (Per person)
B ANY AUTO
ALL OWNED X SCHEDULED
X H
RT
DSAUTOS X NONN -SWNEO
X Y 13A040000019633 L2/15 /2015 12/18/2016 BODILY INJURY (Per accident)
P OPERTY DAMAGEaccgpm
S
Theft Prevention Aplhod
UMBRELLALIAB EACH OCCURRENCE S
AGGREGATE S
HOCCUR
EXCESS LIAR CLAIMS-MADE
DED I I RETENTION S S
WORKERS COMPENSATION WC M61 103111
AND EMPLOYERS' LIABILITYANYPROPRIETORIPARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT S
E.L. DISEASE - EA EMPLOYEE SOFFICER/MEMBER EXCLUDED?
Mandatory In NH)
NIA
EL DISEASE . POLICY LIMITIfyes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
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 per the attached CG201OR and MG1t35100711. *30 -day notice of cancellation, except for 30 -day
notice of cancellation for nomp"REOP "I&D
UEH IIYILA I t ttULUr -H I I w,v
r
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF LAKE ELSINO
130 MAIN STREET ` ITY GLEkK `D uFFICE .
LAKE ELSINORE, CA 92530 1 AUTHORIZED REPRESENTATIVE
S Alvarado /SONDRA
ACORD 25 (2010/05) V 181da -LU1U AG'Vmu L'VMrVMMIIW". All rryms rnaorveu.
INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTOR SERVICES
HAZZARD BACKFLOW
Backflow Services
This Amendment No. 2 to Agreement for Contractor Services ("Amendment No. 2") is
made and entered into as of May 16,2017 by and between the City of Lake Elsinore, a municipal
corporation ("City), and Hazzard Backflow ("Contractor").
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor
Services dated as ofJanuary 15,2016 (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 Contractor in an amount not
to exceed $5,000 in any Fiscal Year.
C. The term of the Original Agreement was for seven (7) months and allowed the City
to extend the term on a 12-month basis, not to exceed three (3) additional 12-month renewals.
D. Amendment No. 'l dated July 1, 2016 extended the term of the Original Agreement
by an additional 12-months and provided for compensation to Contractor in an amount not to
exceed $8,000 for FY2016-2017 . The Original Agreement, as amended by Amendment No. 1 , is
hereinafter referred to as the "First Amended Agreement."
E. The parties now desire to extend the term of the First Amended Agreement to
conclude on June 30, 2018 and allow for compensation to Contractor in an amount not to exceed
12,000 for remainder of the term as provided herein.
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 First Amended Agreement is hereby amended
to add the following:
Unless earlier terminated as provided elsewhere in the First Amended
Agreement, and notwithstanding the term set forth in the Amendment No.
1 , the term of Amendment No. 2 shall commence on June 1 , 2017 and end
on June 30, 2018.
2. Section 3, Compensation, of the First Amended Agreement is hereby amended to
add the following:
Compensation to be paid to Contractor for Fiscal Year 2016-2017 and
Fiscal Year 2017-2018 shall be in accordance with the fees set forth in
Contractor's Proposal aftached as Exhibit A-1 to Amendment No. 1.
ln no event shall Contractor's compensation related to Exhibit A-1 exceed
Twelve Thousand Dollars ($12,000) during the 13-month extension term
City oI Lake Elsinore
Hazzard Backflow
Amendmenl No.2
May 16.2017 Page 1
as provided in Arnendment No. 2 and as set forth in Sec{ion 2.C without
additional written authodzation from ttre City.
Notwithetranding any provision of Gontrado/s Proposal to the contrary,
out of pocket o(penses set forth in Exhibit A-1 shall be reimbursed at
cost wtfftout an inflator or adminisbative charge. Payment by City under
this Agrcement, as amended, shall not be deamed a waivgr of defectB,
even if such defiec{s were knourn to the City atthe time of payment
3. Etcept for the cfiangee spc<Ifically set forth hercin, all other terms and condiUom
of the First Amended Agreement shall rcmain in full force and efiect.
lN WITNESS WHEREOF, the parties harae caused fris Amendment No. 2 to be
executed on the respective dates setforth belor.
clTr
CITY OF LAKE ELSINORE, a municipal
corporation
APPROVED AS TO FORM:
CONTRACTOR'
CityAttorney
Attachments: Amendment No.1
OdginalAgreement
City of Lake Elsinore
Hazzard Backflow
Amendment No.2
May 16,2017
Page 2
HAZZARD BACKFLOW.
29235 WOODBRIGDGE ST
LAKE ELSTNORE CA9253O
CONTRACTORS LICENSE #96997 8
95 I -445-08 09 I 909 -43 6-7000
Estimate
Date Estimate #
7 t812016 559
Name / Address
CITY OF LAKE ELSINORE
I30 S MAIN ST
LAKE ELSINORE CA 92530
Project
Description Qtv Rate Total
BACKFLOW QUOTE
25.00 per test
150.00 for l " & under -backflow repairs
250.00 for 2" & I l/2"- backflow repairs
300-$ 1,200 for 2 I 12" and up- backflow repairs price varies on
make and model of device
Emergency calls (after hours) $100.00 extra on top ofrepairs
Installs / replacements - 314"-l l14" $900.00 - $1,500.00
2"- 2" $1,500.00- $2,000.00
Concrete pad and cages are extra
SIGN
DATE
SHOULD YOU WANT TO PROCEED , PLEASE SIGN AND DATE ABOVE AND
RETURN AT YOUR EARLIEST CONVIENIENCE Total $o oo
Ao"ACOR\--'CERT!FICATE OF LIABILITY INSURANCE
DATE (MM/DOTYYYY}
6/t/20L7
THIS CERTIFICATE IS ISSUED AS A IIIATTER OF INFORMATIOil ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES ilOT AFF]RMATIVELY OR NEGATIVELY Ai'END, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF TNSURANCE DOES NOT COIISTITUTE A CONTRACT BETWEEN THE |SSU]NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, ANO THE CERNFICATE HOLDER.
IMPORTANT: lf the certlflcate holder is an AODITIONAL INSURED, the policy(ies) must be endo6ed. lf SUBROGATION lS WAIVED, subJect to
the terms and conditiorc of the policy, certain policie may require an endoFement. A statement on thE certaficate does not confer rights to the
certificate holder in lieu of such endorsemen(s).
PRODUCER
R. David Bulen Insurance
P.O. Box 115
Lake Elsinore CA 92531-0115
rsondra Alvarado
ijlPlu.^ .*,. (951) 674-0575 lfil "^, (es1)6?{-23?s
SondraGbulen. com
INSURER(S) AFFORDING COVERAGE NAIC f
rxsunenniFinancial Pacific Insurance 11453
INSURED
Hazzatd Backflow, Inc (A Corp)
1457 E Philadelphia St S2
Ontario CA 91761
TNSURERB CAIIFORNLA AUTOMOBILE INS CO 18342
tNsuRERC'sequoia Inguranco company
INSURER D :
INSURER E :
COVERAGES CERTIFICATE NUMBER:CL17 4L7 207 I 6
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COI\iIMERCIAL GENERAL LIABILITY
LATMS-MADE lE o".u*
GEN'L AGGREGATE LIMIT APPLIES PER
1 /2OL7
AUTOMOBILE LIABILITY
ANY AUTO
ALLovvNED IvlscneoureoAUTOSI^IAUTOS
I v I NON-OWNEDHTREDAUToSI ^ l;uibE
BOOILY INJURY (Parpe6on)
BODILY INJURY (Par aGident)
WORKERS COMPENSATION
ANOEMPLOYERS'Lr,AglLtTY Y'N
ANY PROPRTETORvPARTNERvEXECUTIVE r----'loFF|CER/MEMBER EXCLUDED? I I(
Mandatory in NH)
DESCRIPnON OF OPERAnONS , LOCAnONS, VEHICLES (Attrch ACOflO 101, Addltioml Remrk3 Sch.dule, if mE sp.e bEqulmdlfheCity, its eJ.ected or atrrpointed officers, official-s, enployees, agents and volunteers are to be
covered as additional. insured with resp€ct to liabiJ-ity arising out of work perfo::aed by or on behalf of
the Contractor, including Eateria1s, parts or equipment furnished in connection with such work or
operations trrer the attached CG2010R and MCA85100711. *30-day notice of cancellation, except for 10-day
notice of cancel].ation for nonpafzment of preuiun.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE OELIVEREO IN
ACCORDANCE WTH THE POLICY PROVISIONS.
CITY OF I.AIG ELSTNORE
130 lr[AIN STREET
r.AKE ELSTNORE, CA 92530
Alvarado/sARAE tf';u ttt-' L- --
ACORD 2s (20r0/05)
lil3025 onroon nr
@ 1988-2010 ACORD CORPORATION. All rights reserved.
Tho Alil..lPh aama anr{ laaa ara raaiefarar{ mrrkc nf Ant1Eln
BUSINESS LICENSE CITY OF LAKE ELSINORE
This business license is issued for revenue purposes onty and does not grant authorization Administrative SerylCeS - LiCenSing
to operate a business. This business licnse is issued without verifiGtion that the holderi" 130 SOUth Main Stfeet, Lake ElSinOfe, CA92530subjecttoorexemptedfromlicensingbythestate, munty, federal government, oranyothersovemmentatasency. PH (951) 674-3124
Business Name: HMZARD BACKFLOW BUSINESS LICENSE NO. 021936
Business Location: 29235 WOOD BRIDGE ST Business Type: METAL PRODUCTS
LAKE ELSINORE, CA 92530
Owner Name(s): ROLANDO HMZARD Description: BACKFLOWTESTING
lssue Date: 121112016 Expiration Date: 1113012017
HMZARD BACKFLOW
29235 WOOD BRIDGE ST
LAKE ELSINORE, CA 92530
TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE . I{OT TRANSFERABLE
AGREEMENT FOR CONTRACTOR SERVTCES (ON-CALL)
Hazard Backflow, Go.
Backflow Services
This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered
into as of January 15, 20'16 by and between the City of Lake Elsinore, a municipal corporation
("City") and Hazatd BacKlow, Co., a Backflow Service Provider ("Contractor").
RECITALS
A. The City has determined that it requires the following services: backflow testing,
inspection, maintenance, repair, and certification at various City-owned locations.
B. The Contractor has submitted to City a quote, dated December 30,2015 which is
attached hereto as Exhibit A (collectively, the "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. Contractor
acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call
support on an as needed basis.
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.
Agreement for Contract Services 1 .12.2016 Page '1
c. Term and Compliance with TaskMork Order Svstem.
Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall continue in full force and effect for a period of six (6) months, commencing on
January 15, 2016 and ending on June 30, 2016. 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 ofthe contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or
services performed pursuant to this Agreement shall be based upon the issuance of a TaskMork
Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific
amount of work or services as all work or services shall be authorized through a TaskMork Order
issued by the City.
3. Compensation and Cost of Livinq Adiustment. 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. ln no event shall Contractor's
compensation exceed Five Thousand dollars ($5,000) 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 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.
The compensation paid to Contractor may be adjusted on each July l following the first
anniversary of the commencement of the term of this Agreement, provided that The request for
cost of living adjustment shall be presented to the City no later than June 1st of a particular year
and, if approved by the City, will become effective on July "lst of that year. Any adjustment will be
based on the Los Angeles-Riverside-Orange County Consumer Price lndex (CPl) but in no event
shall the price adjustment exceed five percent (5%).
4. Method of Pavment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the e)dent 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. SusDension 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. 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 Contractor the actual value of the work performed up to the time of termination,
Page 2
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 Contrac{or'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
expenses in connec-tion 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 Prooertv. 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 lirnited 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. 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 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 otheMise 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 Contractofs 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
Page 3
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.
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. lndeDendent Contractor. lt 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 Elioibilitv lndemnification. 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 othenrvise 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. lnterests 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.
Page 4
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and anive 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. Abilitv 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
legal requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contracto/s field of expertise.
12. Compliance with Laws. Contraclor 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 wanants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractorto practice its profession. Contractor represents and wanants 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. lndemnitv. 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 ('t) 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. lt is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 ol 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.
Page 5
'15. lnsuranceRequirements.
a. lnsurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, forthe duration of the contract, unless modified by the City's Risk Manager,
the following insurance policies.
i. Workers' Compensation Coveraqe. Contractor shall maintain
Workers' Compensation lnsurance and Employer's Liability lnsurance for his/her
employees in accordance with the laws of the State of California. ln addition, Contractor
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
Contractor for City. ln the event that Contractor is exempt from Worker's Compensation
lnsurance and Employer's Liability lnsurance for his/her employees in accordance with
the laws of the State of Califomia, Contractor 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. 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. lf a comrnercial 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.
11/88) or lnsurance Services Office form number GL 0002 (ed. 1ff3) 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. 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 lnsurance Services Office
Automobile Liability form CA 0001 (ed. 12190) 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: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 Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
Page 6
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-lnsured Retentions. Any deductibles or self-insured
retentions 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 lnsurance. 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.
lf to City:
With a copy to:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
City of Lake Elsinore
Aftn: City Clerk
'l 30 South Main Street
Lake Elsinore, CA 92530
Hazzard Backflow Co.
Attn: Rolando Hazzard
29235 Woodbridge Street
Lake Elsinore, CA 92530
lf to Contractor:
Page 7
17. Entire Aqreement. 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. Assiqnment and Subcontractino. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and competence
of Contractor. 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 without the written
authorization of the City. lf Cityconsentsto such subcontract, Contractor shall be fully responsible
to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create
any contractual relationship between City and any subcontractor nor shall it create any obligation
on the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. 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.
22. Controllino 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. 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.
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. 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.
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. ln approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Page 8
26, Authoritv to Enter Aqreement. 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 lnterests. 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 warrantsrthat 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
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. Eoual Opportunitv Emplovment. 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. Prevailinq Waqes. 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). lt 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. ln approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
Page 9
,CITY'
CITY OF LAKE ELSINORE, a municipal
corporation
Attachments: Exhibit A - Contractor's Proposal
.CONTRACTOR"
Hazzard Backflow, Co., a Contractor
a /- /3 '/g
Page 1 0
"clTY"
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FOR[il:
City Attorney
Attachments: Exhibit A - Contractor's Proposal
.CONTRACTOR"
Hazzatd Backflow, Co., a Contractor
d /- /3 -/?
Page 10
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
EXHIBIT A
HAZZARD BACKFLOW-
29235 WOODBRIDGE
LAKE ELSINORE CA 92530
CONTRACTORS LICENSE #969978
95 I -445 -0809 1909 43 6-7 000
Estimate
Date Estimate #
t2/30120t5 559
Name / Address
CITY OF LAKI] ELSINORE
130 S MAIN S'T
LAKE ELSINORE CA 92530
Project
Description Qty Rate Total
REVISED BACKFLOWQUOTE
$25.00 per test
$ I 50.00 for I " & under -backflow repairs
$250.00 for2" & I l/2"- backflow repairs
$300-$ 1,200 for 2 I 12" and up- backflow repairs price varies on
make and model ofdevicc
Emergerrcy calls (after hours) $100.00 extra on top ofrepairs
Installs / replacements - 3/4"-l l/4" $900.00 - $1,500.00
t lt2"- 2." $r,500.00- $2,000.00
Concretc and cages are extra
Total so oo
--
CERTIFICATE OF LIABILITY INSURANCEACORif\---'
OATE (MM'DDTYYYY}
LO/2L/20Ls
THIS CERTIFICATE IS ISSUED AS A I'ATTER OF INFORilIATION ONLY AND CONFERS NO RIGHTS UPOI{ THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFF]RMATIVELY OR NEGATIVELY Ai'E]{D, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES
BELOW. THIS CERnFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUTNG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER.
IiIPORTAilT: !f the certiflcate holder is an ADDITIOiIAL |I{SURED, the policy(ies) must be endorced. lf SUBROGAION E WAIVED, subject to
the terms and condftlorc of the policy, ceftain policiea may require an endorsement. A statement on this certmcate does not confer rights to the
certificate holder in lieu of such endorcement(s).
PRODUCER
R. David Bulen Insurance
P.O. Box 115
Lake Elsinore CA 92531-0115
SXXII"'Anna Liera
#Fn'l"=^.*" (951) 67{-0675 llil ""u
(es1)6?{-23?s
!ffi!q". anna@buIen. coa
INSURER(S} AFFORDING COVERAGE NAIC I
lNsuRERAiFinancia1 Pacific Insurance 31453
rNsuRED Rolando Hazzatd
DBA: Hazzard Backflow,/Annual Backflow
29235 Woodbridge St
Lake Elsinore CA 92530
TNSURERBCAIIFORNIA AUTOMOBILE INS CO f4342
INSURER C :
INSURER D :
INSURER E :
COVERAGES CERTIFICATE NUMBER:cL15102 11 6701
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWTHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 SHO\AN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COMMERCIAL GENERAL LIABILITY
.LATMS-MADE lTl o""r*
GEN'L AGGREGATE LIMIT APPLIES PER:
AUTOMOBILE LIABILITY
ANY AUTO
ALL owlED l-71 scxeouleoAUToS I^IAUToS
I v I NONOVIAIEDHIREDAUTOS I ^ I AUTOS
BODILY INJURY (Per ptrson)
BODILY INJURY (P6r amident)
OCCUR
CLAIMS-MADE
DESCRIPnONOFOPERAnONSTLOCAnONSTVEHICLES (AthchACORO'l0l,AdditiomlRemrksSchcdule,ifmG3pa6lsEqulEd)
The City, its elected or appointed officers, officials, erq>l.oyees, agents and volunteers are to be
covered as additional. insured rrith lesp€ct to J.iabiJ.ity arising out of work lrrfomed by or on behalf of
the Contractor, incJ.uding materials, parts or equilnent furnished in conn€ction with such work or
operations per the attached CG2010R and MCjA85100711. *30-day notica of cancellation, except for 10-day
notice of cancellation for nonpayoent of pratir,rm.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLEO BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN
ACCORDANCE wlTH THE POLICY PROVISIONS.CITY OF I,AI(E ELSINORE
130 T'TAIN STREET
LAI(E ELSINORE, CA 92530 AUTHORIZED REPRESENTATIVE
Alvarado/so!{DRA "(.'r ':r--: r L
ACORD 25 (2010/05)
lNS025 r2oloos\ ol
@ 't988-2010 ACORD CORPORATION. All rights reserved.
Tho Alit.lPfl nama u nr{ laaa ara eaaielarar{ m.rLc ^f AnnPn
Policy Number: 88316673
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SECTION ll - LlABlLlTY, C. Who ls An lnsured is
amended to include as an additional insured any
person or organization for whom you are performing
operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy. Such
person or organization is an additional insured only
with respect to your liability for "bodily injury",
"property damage" or "personal and advertising
injury" which may be imputed to that peBon or
organization directly arising out of:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf:
in the performance of your ongoing operations for
theadditional insured.
A person's or organization's stalus as an additional
insured under this endorsement ends when your
operations for that additional insured are completed.
BP 70 87 01 t0
B. With respect lo lhe insurance afforded to these
additional insureds, the following additional
exclusions apply to SECTION ll - LlABlLlry, B.
Exclusions :
This insurance does not apply to:
'1. 'Bodily injury", "property damage" or "personal
and advertising injury' arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specificationsi or
b. Supervisory, inspection, architectural or
engineering activities.
2 "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with
such work, on the pro.iect (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
BP 70 87 01 '10 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Page 1 of 'l