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HomeMy WebLinkAbout0016_4_GLA CO - Exhibit C - PSA Summerhill Drive ExtensionGLA Professional Services Agreement Page 1 AGREEMENT FOR PROFESSIONAL SERVICES Glenn Lukos Associates Summerhill Drive Extension Project Biological and Regulatory Support This Agreement for Professional Services (the “Agreement”) is made and entered into as of January 8, 2019, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Glenn Lukos Associates, Inc., a California corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: preparation of biological surveys and submittal and processing of regulatory permits for the Summerhill Drive Extension Project. B. Consultant has submitted to City a proposal, dated December 20, 2018, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide 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. Scope 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. DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 2 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed One Hundred and Nine Thousand Three Hundred and Sixty-Two dollars ($109,362) 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 Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Reserved. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to 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, injuries, and liability, direct or indirect (including any and all costs and DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 3 expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 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. DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 4 d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In 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. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 5 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 laws, 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. Indemnity. 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. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve 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. Insurance Requirements. a. Insurance. 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 Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 6 the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. 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 Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. 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:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 7 iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 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. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Glenn Lukos Associates, Inc. Attn: Thienan Pfeiffer, President 29 Orchard Road Lake Forest, CA 92630 18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 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. DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 8 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit 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. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 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. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 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 parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 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. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 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. DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 9 28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Prevailing Wages. 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, 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. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, 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 to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: Deputy City Clerk APPROVED AS TO FORM: City Attorney “CONSULTANT” Glenn Lukos Associates, Inc., a California corporation By: Thienan Pfeiffer Its: President Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subconsultants DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E Do c u S i g n E n v e l o p e I D : 7 D 1 A F E 9 5 - C 3 2 7 - 4 3 F A - B 4 E 7 - 5 0 6 1 0 8 4 A 3 B 9 E SUMMERHILL DRIVE EXTENSION REGULATORY PERMITTING AND BIOLOGICAL TIMELINE (JANUARY 2, 2019) U.S. Army Corps of Engineers Section 404 Permit** TASK TIMING GLA conducts jurisdictional delineation of Project site 2 Weeks (January 21-Februay 4, 2019) GLA prepares jurisdictional delineation report for project. 2 Weeks (February 5-19, 2019) GLA provides delineation report to project team. 1 Week (February 20-27, 2019) Project team review of delineation report and GLA finalizes report. 1 Week (February 28-March 7, 2019) GLA and Project team meet with U.S. Army Corps of Engineers regarding Project. 1 Week (March 8-15, 2019) GLA prepares NWP 14 pre-construction notice. 2 Weeks (March 18-April 1, 2019) Team review of pre-construction notification package and GLA incorporates changes into notification package. 2 Weeks (April 2-16, 2019) GLA submits draft pre-construction notification to Corps. 1 Week (April 17-24, 2019) Corps review of pre-construction notification package. 1 Month (April 25-May 28, 2019) Corps prepares their own version of pre-construction notice. 4 Weeks (May 29-June 26, 2019) Corps initiates formal Section 7 Consultation with U.S. Fish and Wildlife Service (USFWS). This is an abbreviated consultation due to MSHCP. 3 Months (June 26-September 26, 2019) Corps initiates Section 106 Consultation with State Historic Preservation Office (this may require as little as 30 days, but we are allowing three months to be safe). 3 Months (June 26-September 26, 2019) State Historic Preservation Office issues concurrence letter regarding cultural resources on site to complete 106 Consultation. 1 Day (September 27, 2019) USFWS issues Biological Opinion to Corps as part of formal Section 7 Consultation. 1 Day (September 27, 2019) Corps issues NWP 14 verification letter 1 Month (September 28-Ocober 28, 2019) Estimated Permitting Time: 6-8 Months DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Santa Ana Regional Water Quality Control Board Section 401 Water Quality Certification TASK TIMING Prepare Section 401 Water Quality Certification Notification package (cover letter and application) for submittal to the Regional Board. 2 Weeks (March 18-April 1, 2019) Project team review of Section 401 Water Quality Certification Notification package. 2 Weeks (April 2-16, 2019) GLA incorporates proposed changes for 401 Water Quality Certification Notification package into draft documents and documents are forwarded to Regional Board, along with a check totaling $1,500.00 as the application fee deposit. 1 Week (April 17-24, 2019) Regional Board 30-day review of Section 401 Water Quality Certification Notification package. 1 Month (April 25-May 28, 2019) Regional Board deems application complete. 1 Day (May 29, 2019) Project team negotiation with Regional Board staff. This would include one to two project meetings, at the most, with Regional Board staff. 4 Months (May 30-September 30, 2019) Check for acreage impacts should be provided to Regional Board staff, as they should be winding down the 401 Certification process. 1 Day (October 1, 2019) Regional Board issues Section 401 Water Quality Certification for project. 2 Weeks (October 2-16, 2019) Estimated Permitting Time: 6-7 Months DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E California Department of Fish and Wildlife Section 1602 Streambed Alteration Agreement TASK TIMING Prepare California Department of Fish and Wildlife (CDFW) Section 1602 Streambed Alteration Agreement Notification Package. 2 Weeks (March 18-April 1, 2019) Project team review of CDFW 1602 Agreement Notification Package. 2 Weeks (April 2-16, 2019) GLA incorporates proposed changes for 1602 Notification Package and documents are forwarded to CDFW, along with a check totaling $5,313 per “project” as the application fee. 1 Week (April 17-24, 2019) CDFW review of notification package. 1 Month (April 25-May 28, 2019) CDFW deems application complete. 1 Day (May 29, 2019) Project team negotiation with CDFW staff. This would include one meeting, at the most, with CDFW staff. 3 Months (May 30-August 30, 2019) CDFW issues draft 1602 Agreement 1 Week (September 3-10, 2019) Project team review of draft 1602 Agreement. Client signs two copies of draft 1602 Agreement and forwards both to CDFW. 1 Month (September 11-October 11, 2019) CDFW signs Section 1602 Streambed Alteration Agreement. 1 Week (October 14-21, 2019) CDFW issues fully executed 1602 Streambed Alteration Agreement to Client. 1 Day (October 22, 2019) Estimated Permitting Time: 5-6 Months DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Biological Tasks TASK TIMING Commence General Biological Surveys 2 Weeks (January 21-February 4, 2019) Prepare Biological Technical Report 6 Weeks (February 14-March 21, 2019) Conduct Focused Burrowing Owl Surveys 1 Month (March 1-31, 2019) Team review of Biological Technical Report 2 Weeks (March 22-April 5, 2019) Team finalizes Biological Technical Report for use with permitting package. Vireo/Flycatcher survey data and plant survey data to be incorporated at a later date after agency submittal) 1 Week (April 8-15, 2019) Sensitive plant surveys commence and are completed. Survey report also completed. 3 Months (April 10-July 15, 2019) Least Bell’s Vireo Surveys commence and are completed. 3.5 Months (April 10-July 31, 2019) Southwestern Willow Flycatcher Surveys commence and are completed. 2 Months (May 15-July 17, 2019) Survey report for Least Bell’s Vireo and Southwestern Willow Flycatcher prepared and completed. 1 Month (July 18-August 19, 2019) ***Vireo, Flycatcher, and plant surveys submitted to regulatory agencies as completed after submittal due to specificity of plant/wildlife survey windows and/or protocols. DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS None DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD LHEMMERS Lysandra Jones-Hemmers 01/10/2019 GLENLUK-01 B BA7976X38018 C 2EA5WC000039701 A 1000065532181 A 1000065532181 1,000,000 1,000,000 1,000,000 $1,000 Comp Ded $1,000 Coll Ded $5,000 Ded Prof Liab 2,000,000 2,000,000 4,000,000 $5,000 Ded GL BIPD 5,000 50,000 2,000,000 1,000,000 X X X X X X X X A 1000065532181 License # 0757776 03/31/2018 03/31/2019 03/31/2018 03/31/2019 03/31/2018 03/31/2019 03/31/2018 03/31/2019 03/31/2018 03/31/2019 Re: GLA#1228.0001SUMM Summerhill Drive Extension Project The City of Lake Elsinore, its elected or appointed officers, officials, employees, agents, and volunteers are Additional Insured as respect to General Liability per attached, as required by written contract, including Primary/Non-contributory and Waiver of Subrogation. Professional Liability included per attached. Auto Additional Insured and Waiver of Subrogation applies per attached. Waiver of Subrogation on Workers Compensation applies per attached. A $5,000 Deductible applies per claim on Professional Liability. No Deductible on Automobile Liability. Maximum Policy Aggregate limit is $4,000,000 on General Liability, and $2,000,000 on Professional and Pollution Liability. "Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc (Hub), independant of any rights which may be afforded SEE ATTACHED ACORD 101 Redlands, CA - HUB International Insurance Services Inc. 470 East Highland Avenue Redlands, CA 92373 (909) 533-2266(909) 379-1333 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Glenn Lukos Associates, Inc. 29 Orchard Street Lake Forest, CA 92630-8300 Starr Indemnity and Liability Travelers Casualty Insurance Company of Americ American Family Home Insurance Company 38318 19046 23450 X X lysandra.hemmers@hubinternational.com Y X X X Each Occurrence Each Occurrence 1,000,000 1,000,000 Professional Liab Pollution Liability DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Redlands, CA - HUB International Insurance Services Inc. GLENLUK-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0757776 1 SEE P 1 Glenn Lukos Associates, Inc. 29 Orchard Street Lake Forest, CA 92630-8300 SEE PAGE 1 LHEMMERS 1 Description of Operations/Locations/Vehicles: within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holders notice of such cancellation within ten (10) days of the cancellation date." DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E 1000065532181 March31,2018at12:01am DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E 03/31/2018 1000065532181 DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E Insured Copy This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned By 2EA5WC0000397-01 03-31-18001 AMERICAN FAMILY HOME INSURANCE COMPANY GLENN LUKOS ASSOCIATES INC INCL. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 03 (Ed. 09-08) WC 99 04 03 Includes copyrighted material of National Council on Compensation Insurance with its permission (Ed. 09-08) Copyright 1983 National Council on Compensation Insurance. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: The additional premium charge for this endorsement shall be 3 percent of the California Workers’ Compensation premium otherwise due subject to a minimum premium of $ 750 per policy. DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E POLICYNUMBER:BA7976X38018 DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E CITY OF LAKE ELSINORE TO BE POSTED IN A CONSPICUOUS PLACE Business Name: Business Location: Owner Name(s): BUSINESS LICENSE NO. Issue Date: Description: Expiration Date: BUSINESS LICENSE THIS IS YOUR LICENSE • NOT TRANSFERABLE 29 ORCHARD Business Type: LAKE FOREST, CA 92630-8300 GLENN LUKOS ASSOCIATES, INC. 29 ORCHARD LAKE FOREST, CA 92630-8300 This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674-3124 GLENN LUKOS ASSOCIATES, INC. THIENAN PFEIFFER CONSULTING SERVICES ENVIROMENTAL AND REGULATORY CONSULTANT 023290 1/28/2019 1/31/2020 DocuSign Envelope ID: 7D1AFE95-C327-43FA-B4E7-5061084A3B9E