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HomeMy WebLinkAboutItem No. 14 Amend No. 2 NPG, Inc. Annual Asphalt Maint CIP Z10002City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-258 Agenda Date: 7/27/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 14) Amendment No. 2 to the NPG, Inc. Contract for the Annual Asphalt Maintenance Program (AMP20) - CIP PROJECT #Z10002 Approve and authorize the City Manager to execute Amendment No. 2 to the NPG, Inc., Contract for the Annual Asphalt Maintenance Program in the amount of $599,960 plus 10% contingency for unforeseen expenses, in substantially the form attached in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 7/22/2021 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Rick De Santiago, Public Works Manager Date: July 27, 2021 Subject: Amendment No. 2 to the NPG, Inc. Contract for the Annual Asphalt Maintenance Program - CIP PROJECT #Z10002 Recommendation Approve and authorize the City Manager to execute Amendment No. 2 to NPG, Inc. for the Annual Asphalt Maintenance Program for $599,960 plus 10% contingency for unforeseen expenses, in substantially the form attached and in such final form as approved by the City Attorney. Background In April 2020, Public Works Department solicited bids for the Annual Asphalt Maintenance Program. This program consists of furnishing all materials, equipment, tools, labor, and incidentals for maintenance, repair, and construction of asphalt pavement located within Lake Elsinore City limits. On September 8, 2020, the City awarded the contract for the AMP20 to NPG, Inc. for $220,000 per fiscal year. The contract provides the City with the option to extend the contract two (2) additional 12-month terms. Amendment No. 1 dated April 27, 2021, increased the compensation of the contract by an additional $379,960 for projects scheduled to be completed in FY20/21. Discussion Staff is requesting an extension to the term of the NPG contract for a further 12-months for FY21- 22. NPG, Inc. has completed numerous projects during the last fiscal year on behalf of the City. The Citywide Dirt Road Paving Program on Third Street between Conard and Cambern Avenue, which was also due to be completed in FY20-21 was delayed due to an Edison project to install power transfer poles along Third Street. Staff is also requesting permission to continue with the Third Street dirt road paving project which is slated to begin August 23, 2021. Fiscal Impact Funds are available in the FY21-26 Annual Capital Improvement Program Budget - Annual Citywide Crack Seal & Pothole Improvements Program and in the Citywide Dirt Road Paving Program. Exhibits A - NPG, Inc. - Amendment No. 2 B - NPG, Inc. - Amendment No. 1 C - NPG, Inc. - Original Agreement AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTOR SERVICES NPG, INC. ANNUAL ASPHALT MAINTENANCE PROGRAM (AMP20) – CIP Z10002 This Amendment No. 3 to Agreement for Contractor Services is made and entered into as of 7/1/2021, by and between the City of Lake Elsinore, a municipal corporation (“City), and NPG, Inc., a California Corporation (“Contractor”). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 9/8/2020, (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 of Two Hundred Twenty Thousand dollars ($220,000). C. The Original Agreement had a term of nine months (9), commencing on 9/8/2020 and ending on 6/30/2021. D. The parties now desire to amend the scope of services and extend the term of the contract for an additional 12-months as set forth in this Amendment No 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following: Contractor shall also perform the services described in Contractor ’s 9/8/2020 Proposal (attached to the Original Agreement, Amendment No. 1 and this Amendment No.2). Contractor shall provide such services at the time, place, and in the manner specified in attached to the Original Agreement, Amendment No. 1 and this Amendment No.2, subject to the direction of the City through its staff that it may provide from time to time. 2. Section 2, Term, of the Original Agreement is hereby amended to read in its entirety as follows: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 2 shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2021 and ending on June 30, 2022. The City may, at its sole discretion, extend the term of this Agreement by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Notwithstanding the foregoing, for purposes of Amendment No. 2 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor ’s compensation related to Exhibit A-1 to Amendment No. 2 exceed Five Hundred Ninety-Nine Thousand Nine Hundred Sixty dollars ($599,960) without additional written authorization from the City Council. Annual compensation during each renewal term, if any, shall not exceed Five Hundred Ninety-Nine Thousand Nine Hundred Sixty Dollars ($599,960). Notwithstanding any provision of Contractor ’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A to the Original Agreement and this Amendment No. 2 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONTRACTOR” NPG, Inc., a California Corporation City Manager Date: Jeff Nelson - President Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Administrative Services Director Attachments: Amendment No.1 Original Agreement AMENDMENT NO.1 [ATTACHED] ORIGINAL AGREEMENT [ATTACHED] AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) NPG, Inc. Citywide Dirt Road Paving Program – Z10047 Annual Citywide Slurry Seal Program – Z10014 Annual Curb Gutter and Sidewalk – Z10001 This Amendment No. 1 to Agreement for Contractor Services (“Amendment No. 1”) is made and entered into as of April 27, 2021, by and between the City of Lake Elsinore, a municipal corporation (“City), and NPG, Inc., a California Corporation (“Contractor”). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of September 8, 2020 (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 of Two Hundred Twenty Thousand dollars ($220,000) for Fiscal Year 2020/2021. C. The parties now desire to increase payment for such services 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: 1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposals (Exhibit A to the Original Agreement and Exhibit A-1 to this Amendment No. 1). In no event shall Contractor’s compensation for Fiscal Year 2020/2021 exceed Five Hundred Ninety- Nine Thousand Nine Hundred and Sixty Dollars ($599,960) without additional written authorization from the City. Notwithstanding any provision of Contractor’s Proposals to the contrary, out of pocket expenses set forth in Exhibit A to the Original Contract and Exhibit A-1 to this Amendment No. 1 shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 “CITY” CITY OF LAKE ELSINORE, a municipal corporation Jason Simpson, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager “CONTRACTOR” NPG, Inc., a California corporation ___________________________ By: Jeff Nelson Its: President Attachments: Exhibit A-1 – Proposals DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 5/27/2021 | 10:57 AM PDT EXHIBIT A-1 EXHIBIT A-1 PROPOSALS [ATTACHED] DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 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 P O BOX 1515 Business Type: PERRIS, CA 92572 NPG INC PO BOX 1515 PERRIS, CA 92572-1560 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 NPG Inc JEFF NELSON EARTHWORK CONTRACTOR GENERAL CONTRACTOR 006913 2/1/2021 1/31/2022 Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 2A5EEEB0-6187-4162-A2AB-CF493A59CF65 NPG, Inc. – Annual Asphalt Maintenance Program Page 1 AGREEMENT FOR CONTRACTOR SERVICES NPG, Inc. Asphalt Maintenance Program Services This Agreement for Professional Services (the “Agreement”) is made and entered into as of September 8, 2020, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and NGP, Inc., a Corporation ("Contractor"). RECITALS A. The City has determined that it requires the following professional services: Asphalt Maintenance Services B. Contractor has submitted to City a proposal, dated August 21, 2020, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Contractor 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 Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’s Proposal, 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor 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 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. c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 2 and effect for a period commencing on September 8, 2020 and ending June 30, 2021. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 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. 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 Task/Work 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 Task/Work Order issued by the City. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Two Hundred Twenty Thousand Dollars ($220,00.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 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 Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 3 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. 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 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. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 4 8. Contractor’s Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement. 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. 9. Independent Contractor. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, 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. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 5 indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Contractor. Contractor (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 Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Contractor. City has relied upon the professional 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 professional and technical 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 professionals in Contractor’s field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 6 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 7 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. 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. DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 8 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, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 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 Contractor: NGP, Inc. Attn: Jeff Nelson 1354 Jet Way Perris, CA 92571 18. 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 Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions 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. 19. 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. DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 9 20. 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. 21. 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. 22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term 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. 23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. 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. DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 10 26. 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. 27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. 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. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal. 30. 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. [Signatures on next page] DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Page 11 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 Jason Simpson Assistant City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager “CONTRACTOR” NPG, Inc., a Corporation By: Jeff Nelson Its: President Attachments: Exhibit A – Contractor’s Proposal Exhibit B – List of Subcontractors DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 EXHIBIT A EXHIBIT A CONTRACTOR’S PROPOSAL [ATTACHED] DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 Bid Results for Annual Asphalt Maintenance Program CIP #Z10002 (05) Issued on 07/22/2020 Bid Due on August 20, 2020  3:00 PM (Pacific) Exported on 08/20/2020 Line Totals (Unit Price * Quantity) Item Num Section Description Unit of Measure Quantity NPG, Inc. 1 BASE BID TWO (2) INCH ASPHALT CONCRETE GRIND AND PAVE 1‐1000 sf 1 $6.59 2 BASE BID TWO (2) INCH ASPHALT CONCRETE GRIND AND PAVE 1,001‐5,000 sf 1 $3.52 3 BASE BID TWO (2) INCH ASPHALT CONCRETE GRIND AND PAVE 5,001‐10,000 sf 1 $2.65 4 BASE BID TWO (2) INCH ASPHALT CONCRETE GRIND AND PAVE 10,000‐20,00 st 1 $2.60 Subtotal $15.36 5 BASE BID REMOVE AND REPLACE ASPHALT CONCRETE > 4" UP TO 8"  MAX:                (CLASS II AGGREGATE BASE NOT INCLUDED) R&R 1‐1,000 sf 1 $12.91 6 BASE BID REMOVE AND REPLACE ASPHALT CONCRETE > 4" UP TO 8"  MAX:                (CLASS II AGGREGATE BASE NOT INCLUDED) R&R 1,001‐5,000 sf 1 $7.19 7 BASE BID REMOVE AND REPLACE ASPHALT CONCRETE > 4" UP TO 8"  MAX:                (CLASS II AGGREGATE BASE NOT INCLUDED) R&R 5,001‐10,000 sf 1 $6.19 8 BASE BID REMOVE AND REPLACE ASPHALT CONCRETE > 4" UP TO 8"  MAX:                (CLASS II AGGREGATE BASE NOT INCLUDED) R&R 10,001 + sf 1 $6.18 Subtotal $32.47 $47.83 9 BASE BID ADJUST WATER/GAS VALVE TO GRADE:   Adjust Water and Gas Valve to grade 1 1 $150.00 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/22/2020 Newport Beach-Alliant Insurance Services,Inc. 1301 Dove St Ste 200 Newport Beach CA 92660 Chris Hayes 714-642-0642 chayes@alliant.com License#:0C36861 United Specialty Insurance Com 12537 American Fire and Casualty Com 24066NPG,Inc aka:Nelson Paving &Grading,Goldstar Asphalt Products P.O.Box 1515 Perris CA 92572 Scottsdale Ins C 41297 Insurance Company of the West 27847 Evanston Insurance Company 35378 1529466825 A X 1,000,000 X 50,000 5,000 1,000,000 2,000,000 X LIG0034901 11/15/2019 11/15/2020 2,000,000 B 1,000,000 X X X BAA (20)58189405 11/15/2019 11/15/2020 C X 5,000,000 X XLS0112271 11/15/2019 11/15/2020 5,000,000 D X Y WPL 5045519 01 1/1/2020 1/1/2021 1,000,000 1,000,000 1,000,000 E Pollution Liability ECPENV01271 11/15/2019 11/15/2020 Occurrence Aggregate $1,000,000 $2,000,000 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 is named as Additional Insured per attached endorsements.Waiver of Subrogation applies per the attached endorsements.(30)Days Notice of Cancellation /Non-Renewal –Ten (10)Days Notice For Non-Payment of Premium. City of Lake Elsinore Attn:City Clerk 130 S.Main St Lake Elsinore CA 92530 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any Location As required by contract. anyone, insurance apply SECTION IV - COMMERCIAL CONDITIONS, paragraph 4. The of one or more lnsured(s) under the terms of this endorsement does not increase our limits of liability. other terms and conditions remain unchanged. required to complete this Schedule, if 1. 2. 1. 2. B. 1. rf 2. j rf j C. Ill - Li : CG 20 10 04 13 © 2004 1 2 Policy # LIG0034901 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © ISO Properties, Inc., 2004 Page 2 of 2 Policy # LIG0034901 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 POLICY NUMBER: LIG0034901 COMMERCIAL GENERAL LIABILITY CG20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): All premises as required by written contract. Name Of Person(s) Or Organization(s) (Additional Insured): As required by written contract. Additional Premium: $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - V\lho Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20110413 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 COMI\JERCIAL GENERAL LIABILITY CG 20 12 04 13 ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS As required by written contract and/or issued and valid permit(s). The inclusion of one or more lnsured(s) under the terms of this endorsement does not increase our limits of liability. vion 1. rf ou visi visi z a ff xt tt ; vi ff "ody jy","pprty g" "p rtg jy"g ou rf ; "ody jy""pprty g" "pods-p p z" B. Wi ff Ill - f 1. ; 2. va ; 2. CG 20 12 04 13 © nsance Servces ffce,nc,2012 Page 1 1 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 POLICY NUMBER: LIG0034901 COMI\JERCIAL GENERAL LIABILITY CG 20 28 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): If required by written contract or agreement. If anyone, other than the Named Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV - COM MERICAL LIABILITY CONDITIONS. paragraph 4. Other Insurance. subparagraph c. Method of Sharing. The inclusion of one or more lnsured(s) under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information reauired to comolete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization( s ). However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 28 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 POLICY NUMBER: LIG0034901 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All locations. As required by written contract. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV - COMMERCIAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more lnsured(s) under the terms of this endorsement does not increase our limits of liability. Exception for any rough grading and infrastructure work including roads, sidewalks, curbs, gutters, and All other terms and conditions remain unchanged. utilities that do not involve hook ups to any building, structure or appurtenant structure. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - V\lho Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase shown in the the Page 2 of 2 © ISO Properties, Inc., 2004 CG20370413 D DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 COMMERCIAL GENERAL LIABILITY CG 20 010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 010413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy #LIG0034901 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Name Of Person Or Organization: As Required By Written Contract required to complete the Schedule, if not shown above, will be shown in the Declarations. The IS added to Paragraph 8. Transfer Of Rights Of Recovery Agamst others To Us of Section IV - Conditions: we own b b we k in Jury or damage riin out of your in p "y wok"ra wi "p-p p ". i i nii shown b. © suce Services ffice,c.,2008 age 1 of1 D DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 POLICY NUMBER: LIG0034901 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: In consrderatron of the premium charged, rt rs hereby agreed that the General Aggregate L1m1t set forth in declarations shall apply separately to each of your projects apart from premises owned by or rented to you. Notwithstanding the above, under no circumstances will the total amount recoverable under the General Aggregate Limit exceed $5,000,000.00 any one policy period for all projects combined. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products­ completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 D DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. Vvhen coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 D DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 COMMERCIAL AUTO AC 85 43 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT BUSINESS AUTO COVERAGE FORM COVERAGE INDEX PROVISION NUMBER 12 3 20 5 14 24 2 10 16 22 6 15 1 17 11 B 13 23 9 4 7 18 19 21 SUBJECT ACCIDENTAL AIRBAG DEPLOYMENT ADDITIONAL INSURED BY CONTRACT. AGREEMENT OR PERMIT AMENDED DUTIES IN THE EVENT OF ACCIDENT. CLAIM. SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO. VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BODILY INJURY REDEFINED EXTRA EXPENSE- BROADENED COVERAGE GLASS REPAIR - WAIVER OF DEDUCTIBLE HIRED AUTO COVERAGE TERRITORY I NEWLY FORMED OR ACQUIRED SUBSIDIARIES PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US � = .,..,..,.,.,.., - - = ,= § . SECTION II -LIABILITY COVERAGE follows: 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION LIABILITY COVERAGE, A.1. Who Is An Insured d. (1) AC 85 43 06 18 Srv Offi,,w p Page 1 of 7 Policy# BAA(20)58189405 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 3. ft written 3 T q U 4 ol 4. ra ti a pplmtary aymt 4 wi U $3000 ffi we W 4 "q $500 ff ;5 F X j where,"ff ow ­ E 5 Fll mply jry fr T Ill H 6. H H MA 4 a ti Ill H wi L Sfi L B F 0Vv11 D 85 43 06 8 ,:�2018Lberty Mta srace cdes copyrgted matera of srace Servces Office,c,wt ts permsso a 7 Policy# BAA(20)58189405DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 � = .,..,..,.,.,.., - - = ,= § . (1) $50,000; or 7, TOWING AND LABOR Vvi 75 $75 L VW Vvi $15 M VW H rf PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8, 9, 4 r tss,rsprtat pss 5 5 RENTAL REIMBURSEMENT MA ,r olVvi Vvi 75 fi L Vvi ­ ft firs 4 rs " R R 75 5 ry AC 85 43 06 18 ,:�208Lberty Mta Israce Icdes copyrgted matera of Israce Servces Office.Ic .wt ts permsso 7 Policy# BAA(20)58189405DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 we 12. 'rrty H wa 13. U K ,ctb, D D wi 5% wa ry 14. U.U QU ,­ ­ ()"" ; (2)D ow '; (3) q rt $ 85 3 8 ,:�208Lberty Mta srace cdes copyrgted matera of srace Servces Office.c .wt ts permsso 7 Policy# BAA(20)58189405DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 � = .,..,..,.,.,.., - - = ,= § . I Of j 2 rty . j .. B ","". F owi fi "Vvfl . ffi q . 16. GLASS REPAIR-WAIVER OF DEDUCTIBLE M N . 17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) M 10000 . "ry " U. AC 85 43 06 18 ,:�2018berty Mta srace cdes copyrgted matera of srace Servces Office.c ..wt ts permsso.7 Policy# BAA(20)58189405DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 or 19. 20. w­ fy Y rt rt 3 4)ffi N ra )Vvfl ; )'; § W 5 rnsr Of ghts Of ory gnst othrs o s Vvi written wa wa 22. 7 oy ro,org rrtory 30 yw rl 'ty ri S S ri R 5 43 06 ,:�2018berty ta srace cdes copyrgted matera of srace Servces Office,c,wt ts permsso g 6 o 7 Policy# BAA(20)58189405 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 � = .,..,..,.,.,.., - - = ,= § . SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. other Insurance 1. SECTION V - DEFINITIONS follows: 24. SECTION V - DEFINITIONS , C. a srac cds copyrgd mara of srac Srvcs Offic,c,w s prmsso Page 7 of 7 Policy# BAA(20)58189405 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 WORKERS COMPENSATION AND EMPLOYERS LIABIUTY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - 81..ANKET (Ed 8-00) \Ne \Ne tn (Tt"Hs eppues cnty wntten ecorbcnal be Orqaruzat.on ANY PERSON OR ORGANIZATION WHEN REQUIRED BY w"RITTEN CONTRACT 2 % of Cehtcrrua ALL CA OPERATIONS This enocrserrent has iy hih 1t rs ah and i ctiv or,th iu unlss rise a (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Enorse Effec ive 01/01/2020 P i y N WPL 5045519 01 I u NPG INC Enoorserrent No Premurn c INCL. I ur n C n INSURANCE COMPANY OF THE WEST Counters:gned By _ WC 90634 (Ed. 8-00) DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35 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 P O BOX 1515 Business Type: PERRIS, CA 92572 NPG CORPORATION P O BOX 1515 PERRIS, CA 92572 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 NPG CORPORATION JEFF NELSON EARTHWORK CONTRACTOR GENERAL CONTRACTOR 006913 2/1/2020 1/31/2021 DocuSign Envelope ID: 47E924A7-D034-4626-B700-582D49298A35