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HomeMy WebLinkAboutItem No. 10 - Amend No. 1 to PSA Charles Abbott Associates, Inc.City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-062 Agenda Date: 2/8/2022 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 10) Amendment No. 1 to the Professional Services Agreement with Charles Abbott Associates, Inc. Approve and Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Charles Abbott Associates, Inc. for an additional $75,000 bringing the total contract amount not to exceed $175,000 and in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 2/3/2022 REPORT TO CITY COUNCIL January 25, 2022 PAGE 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Remon Habib, City Engineer Date: February 8, 2022 Subject: Amendment No. 1 to the Professional Services Agreement with Charles Abbott Associates, Inc. Recommendation Approve and Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Charles Abbott Associates, Inc. for an additional $75,000 bringing the total contract amount not to exceed $175,000 and in such final form as approved by the City Attorney. Background On June 23, 2020, the City Council approved the Professional Services Agreement in the amount not to exceed $100,000, with Charles Abbott Associate, Inc. for engineering plan check services. The Engineering Department of the City of Lake Elsinore, as a part of the development process, requires the review of private development projects for compliance with Conditions of Approval, City Ordinances, City Standards, Clean Water Compliance, and the Subdivision Map Act. Discussion With the increase in Developer requested expedited plan checks for WQMP, Rough Grading, Street Improvement, and Precise Grading, staff decided that an efficient review necessitates that all plans go to one reviewer. Charles Abbott Associates, Inc., has become a critical part of our plan check review process; therefore, additional funds are needed to cover the increased reviews. Fiscal Impact There is no direct financial impact to the General Fund as the services being provided are funded 100% through the developer’s plan check fees. Sufficient funds have been approved in the budget for this amendment. Exhibits Exhibit A – Amendment No. 1 Exhibit B – Original Agreement AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES Charles Abbott Associates, Inc. (CAA) Engineering Plan Check Services This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 2/8/2022, by and between the City of Lake Elsinore, a municipal corporation (“City), and Charles Abbott Associates, Inc. (CAA), a Corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 6/23/2020, (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 Consultant in an amount of One Hundred Thousand dollars ($100,000.00). C. The Original Agreement had a term of 3 (three) years, commencing on 7/1/2020 and ending on 6/30/2023. D. The parties now desire to amend the scope of services and increase the 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 Consultant agree as follows: 1. 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. 1 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A). In no event shall Consultant’s annual compensation exceed One Hundred Seventy-Five Thousand Dollars ($175,000) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” Charles Abbott Associates, Inc. (CAA) City Manager Date: President Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Director of Administrative Services Charles Abbott Associates EXhibit A Rev 9.28.20 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES Charles Abbott Professionals, Inc. (CAA) Engineering Plan Check Services This Agreement for Professional Services (the “Agreement”) is made and entered into as of June 23, 2020, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Charles Abbott Associates, Inc. (CAA), a Corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Engineering plan check services as part of the development process. B. Consultant has submitted to City a proposal, dated June 1, 2020, 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, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2020 and DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 2 ending June 30, 2023. 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 Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed One Hundred Thousand Dollars ($100,000.00) 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. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. 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. DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 3 6. Plans, Studies, Documents. a. 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 shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. 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 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. 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 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. 7. 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. DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 4 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. 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. 8. Independent Contractor. a. Consultant 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 Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant 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. Consultant 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 Consultant as provided in the Agreement, 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. 9. 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. 10. 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 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 5 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).) 11. 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 standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 12. Compliance with Laws. a. Consultant 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 Consultant and/or its employees, officers, or board members. b. Consultant 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. 13. 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. 14. 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 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 6 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. 15. 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 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. DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 7 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. 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. 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. DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 8 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Charles Abbott Associates, Inc. (CAA) Attn: Rusty R. Reed 27401 Los Altos #220 Mission Viejo, CA 92691 17. 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. 18. 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. 19. 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. DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 9 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 10 make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. 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. 28. 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. Consultant’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 Consultant’s Proposal. 29. 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. [Signatures on next page] DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 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 Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager “CONSULTANT” Charles Abbott Associates, Inc. (CAA), a Corporation By: Rusty R. Reed Its: President Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 9/28/2020 | 5:27 PM PDT 9/30/2020 | 8:25 AM PDT 10/5/2020 | 9:54 AM PDT10/5/2020 | 10:01 AM PDT 10/5/2020 | 10:21 AM PDT EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Fee Proposal for Plan Check Services for Engineering Department Prepared for City of Lake Elsinore Engineering Department 130 South Main Street Lake Elsinore, CA 92530 Charles Abbott Associates, Inc. 27401 Los Altos # 220 Mission Viejo, CA 92691 Toll Free: (866) 530-4980 www.caaprofessionals.com Charles Abbott Associates, Inc. “Helping public agencies provide effective and efficient municipal services to improve communities since 1984” DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 professional services 5 SERVICES CAA understands the City is seeking the support of an engineering plan checking consultant for to provide on-call civil engineering plan checking services of commercial, industrial, and residential engineering for compliance with State, County, and City codes and requirements. CAA expects most of the work to be done from our corporate headquarter in Mission Viejo and will provide all materials, resources, tools and training required for our professionals to perform their assigned duties, including vehicles, cell phones, iPads, and other technology devices that enhance our service. All of our services as well as any associated costs for labor, materials, equipment and supplies necessary to provide these services are included in our fees. CAA proposes to perform all tasks associated with engineering plan review. CAA will provide electronic review of project documents using Bluebeam Revu software and meet with City staff or conduct field project reviews as needed. Our staff is technically qualified, trained, properly licensed and certified to provide all engineering plan check services to meet your workload needs. Key resources that will be utilized during plan check include the City’s Engineering Design Guidelines Manual, Street Light Manual, Standard Drawings and Riverside County Flood Control Hydrology. Services provided include: Ø 1. CAA will provide Digital Plan Checking Services for Private Development Projects, including grading, erosion control, streets, storm drain, sanitary sewers, reviewing and conditioning of land divisions and development – residential, commercial, and industrial plan checking; drainage and hydraulics/hydrology reviews according to City and State methodologies, lot line adjustments, tract and parcel map reviews, water quality management plans, and assuring condition compliance. Ø 2. CAA will review plan check submittal items and reports, including road structural section calculations; hydrology and hydraulic calculations; street layout and design; structure calculations not under building permit purview; traffic reports; and quantity estimates as well as soil reports, grading, subdivision maps, erosion control, streets, sewer, storm drain, traffic signal, street lightning, retaining walls, and NPDES requirements. Ø 3. CAA will provide the review of Technical Specifications for Proposed Improvements in City Road Right of Way, including preparation and review of traffic signal, signing, striping and marking plans as required, trench backfill and restoration, street lights, and road structural section components. Ø 4. CAA will ensure the completeness of submittals and document any deficiencies as needed. Our team will conduct site visits as necessary and interact with City personnel and private contractors to resolve any issues and answer any questions. CAA will review plans for sound engineering practices and provide detailed plan check of the assigned project plans in accordance with applicable laws, standards, adopted codes and amendments. CAA will ensure accuracy of design in conformance with the City’s most current Plan Check Lists, and will provide and retain digital lists of corrections and redlines. DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 professional services 6 Ø 5. CAA will perform other related engineering services as requested by the City. Services such as site visits and plan & map preparations that do not fall under plan checks will be provided at an additional hourly rate. Ø 6. CAA will sign maps in the capacity of City Surveyor, as requested. Ø 7. CAA understands the importance of timely reviews and the cost to the development community caused by delays attributed to plan-check reviews, and pride ourselves on our ability to adhere to expected performance schedules at all times. CAA will review and return plans in less than 10 business days for initial submittals for both small and larger projects. Resubmittals will be reviewed within 5 business days or less. CAA does not anticipate third submittals; however, should they occur, these will be reviewed within 3 days or less. Although it is anticipated that submittals will be digital, CAA will pick-up and deliver plans and correspondence to and from the City at no additional charge to the City. Expedited plan review is available at an additional charge. Ø 8. CAA will check general mathematics and design criteria, and call for redesign of any portion of plans that show poor engineering, do not comply with the Approved Tentative Map or Conditions of Approval, might be potentially unsafe, or are impractical to build. Ø 9. CAA accepts the City’s fee schedule and will receive 85% of the fee collected by the City for the plan check and other services covered under this proposal. For work not covered, attached to our proposal is CAA’s Standard Fee Schedule. Ø 10. CAA will provide all the required correspondence on initial and subsequent reviews. Each plan review will be accompanied with a letter summarizing any red-line comments. This letter can be addressed through the City Engineer, assigned staff, or directly to the Designer, based upon the City’s preference. A complete redlined set of drawings and any reports will be returned to the designer for their correction. Final approved documents and mylars with plan checker initials will be sent to the City at the end of the process. Ø 11. CAA will ensure accuracy of design in conformance with the City’s most current Plan Check Lists. Our plan check team is thoroughly versed in the latest adopted California Building Code, Greenbook, Caltrans Specifications, Highway Design Manual, Hydrology and Local Drainage Manuals, and various other design guidelines, and will familiarize themselves with any and all City Standards and amendments so that we may provide outstanding service in line with the expectations of the City. Our team can also draw on experience with other client cities to suggest different strategies or work on resources to enhance the City’s plan check process. Ø 12. CAA will retain copies of all prior plan checks, and provide accurate tracking and status updates on current plan checks. DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 professional services 2 FEE SCHEDULE CAA accepts the City’s fee schedule and will receive 85% of the fee collected by the City for the plan check and other services covered under this proposal. For work not covered, please find below CAA’s Standard Fee Schedule. ENGINEERING/PUBLIC WORKS HOURLY BUILDING & SAFETY HOURLY CLASSIFICATION RATES CLASSIFICATION RATES Principal Engineer 175.00 Principal Building Official 145.00 City Engineer 135.00 Building Official 125.00 Project Manager 145.00 Senior Building Inspector* 105.00 Senior Engineer 140.00 Building Inspector/Plan Checker 97.00 Project Engineer 132.00 Building Inspector* 90.00 Associate Engineer 110.00 Permit Specialist 66.00 Code Enforcement Officer 75.00 Senior Design Engineer 115.00 Assistant/Design Engineer 98.00 Senior Plan Check Engineer 125.00 Building Plan Checker 105.00 Senior Plan Check Engineer 125.00 Plan Check Engineer 105.00 COMMUNITY DEVELOPMENT HOURLY CLASSIFICATION RATES Senior Traffic Engineer/Manager 150.00 Transportation Planner 110.00 Community Develop Director 145.00 Traffic Engineer Associate 95.00 Principal Planner 140.00 Senior Planner 120.00 3-Person Survey Crew 270.00 Associate Planner 97.00 2-Person Survey Crew 210.00 Assistance Planner 80.00 Planning Technician 70.00 Senior Draftsperson (CADD) 95.00 Code Enforcement Officer 75.00 Draftsperson (CADD) 85.00 OTHER HOURLY Senior Public Works Inspector* 105.00 CLASSIFICATIONS RATES Public Works Inspector* 95.00 Landscape Architect Director 125.00 STORM WATER HOURLY Associate Landscape Architect 95.00 CLASSIFICATION RATES Expert Witness Services 300.00 Environmental Project Manager 145.00 Environmental Program Manager 115.00 Senior Contract Administrator 110.00 Environmental Analyst 92.00 Environmental Associate 87.00 Administrative Assistant 60.00 Environmental Inspector 80.00 Clerical 50.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden. Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CPI). DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 professional services 3 *The Hourly Rates identified are for Non-Prevailing Wage project inspection. Hourly Rates for Prevailing Wage project inspection will be $120.00 for regular time; $143.00 for overtime on Mondays through Saturdays; and $167.00 for overtime on Sundays and Holidays. Prevailing Wage rates are subject to increases pursuant to the State of California’s Department of Industrial Wage Rate Determinations. DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 9/10/2020 Dealey,Renton &Associates License #0020739 600 Anton Blvd.,#100 Costa Mesa CA 92626 Dani Schulze 714-427-6810 714-427-6818 Travelers Casualty and Surety Co of America 31194 CHARLABBO Hartford Casualty Insurance Company 29424CharlesAbbottAssociates,Inc. 27401 Los Altos Suite 220 Mission Viejo CA 92691 HARTFORD INSURANCE COMPANY 38288 Hartford Fire Insurance Company 19682 1402717044 D X 1,000,000 X 300,000 5,000 1,000,000 2,000,000 X Y Y 57UUNFM3479 3/31/2020 3/31/2021 2,000,000 D 1,000,000 X XX Y Y 57UUNFM3479 3/31/2020 3/31/2021 B X X 1,000,000YY57XHUFM3069 1,000,000 3/31/2020 3/31/2021 C N Y 57WERT0674 3/31/2020 3/31/2021 X 1,000,000 1,000,000 1,000,000 A Professional Liability Claims Made 106484363 3/31/2020 3/31/2021 $2,000,000 per claim $4,000,000 annl aggr. Umbrella policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability Re:Engineering Plan Check Services. The City and its officers,officials,employees,servants volunteers and agents,independent contractors,City Manager and City Attorney are named as additional insureds as respects general and auto liability for claims arising from the operations of the named insured as required per written contract or agreement.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice of Cancellation City of Lake Elsinore Attn:City Manager 130 S.Main Street Lake Elsinore CA 92530 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 Page 16 of 21 HG 00 01 09 16 (3)Any manager, if you or the additional insured is a limited liability company; (4)Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5)Any trustee, if you or the additional insured is a trust; or (6)Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j.of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c.below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Policy # 57UUNFM3479DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 HG 00 01 09 16 Page 17 of 21 Paragraphs (a)and (b)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1)The statements in the Declarations are accurate and complete; (2)Those statements are based upon representations you made to us; and (3)We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 POLICY NUMBER COMMERCIAL GENERAL LIABILITY: CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to B.With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to Section III – Limits Of Insurance:organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury"required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf:1.Required by the contract or agreement; or 1.In the performance of your ongoing operations;2.Available under the applicable Limits oforInsurance shown in the Declarations; 2.In connection with your premises owned by or whichever is less. rented to you. This endorsement shall not increase the applicable However: Limits of Insurance shown in the Declarations. 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 26 04 13 Page 1 of 1© Insurance Services Office, Inc., 2012 ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS ADDITIONAL INSURED ON THE COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE BODILY INJURY OR PROPERTY DAMAGE OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. 57UUNFM3479 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 8. Transfer Of The following is added to Paragraph Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 57UUNFM347957UUNFM3479 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS ADDITIONAL INSURED ON THE COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE BODILY INJURY OR PROPERTY DAMAGE OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. COMMERCIAL AUTO POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is ered Autos Liability Coverage in the Business Auto an "insured"for Covered Autos Liability Coverage,but and Motor Carrier Coverage Forms and Paragraph only to the extent that person or organization qualifies D.2.of Section I Covered Autos Coverages of the as an "insured"under the Who Is An Insured provi-Auto Dealers Coverage Form. sion contained in Paragraph A.1.of Section II Cov- CA 20 48 10 13 Insurance Services Office,Inc.,2011 Page 1 of 1 57UUNFM3479 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 POLICY NUMBER:COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Page 1 of 1© Insurance Services Office, Inc., 2011 ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS ADDITIONAL INSURED ON THE COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE BODILY INJURY OR PROPERTY DAMAGE OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. 57UUNFM3479 Charles Abbott Associates, Inc. 3-31-2020 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 ÛÒÜÑÎÍÛÓÛÒÌ ÉÝ ðð ðí ïí øðð÷ ó ÐÑÔ×ÝÇ ÒËÓÞÛÎæ ÛÓÐÔÑÇÛÎÍ Ô×ßÞ×Ô×ÌÇ ÐÑÔ×ÝÇ ßÒÜ ÉÑÎÕÛÎÍ ÝÑÓÐÛÒÍßÌ×ÑÒ Éß×ÊÛÎ ÑÚ ÑËÎ Î×ÙØÌ ÌÑ ÎÛÝÑÊÛÎ ÚÎÑÓ ÑÌØÛÎÍ ÛÒÜÑÎÍÛÓÛÒÌ ððï ÑÒÛ ÌÑÉÛÎ ÍÏËßÎÛ ØßÎÌÚÑÎÜ ÝÌ ðêïèí É» ¸¿ª» ¬¸» ®·¹¸¬ ¬± ®»½±ª»® ±«® °¿§³»²¬­ º®±³ ¿²§±²» ´·¿¾´» º±® ¿² ·²¶«®§ ½±ª»®»¼ ¾§ ¬¸·­ °±´·½§ò É» ©·´´ ²±¬ »²º±®½» ±«® ®·¹¸¬ ¿¹¿·²­¬ ¬¸» °»®­±² ±® ±®¹¿²·¦¿¬·±² ²¿³»¼ ·² ¬¸» ͽ¸»¼«´»ò ø̸·­ ¿¹®»»³»²¬ ¿°°´·»­ ±²´§ ¬± ¬¸» »¨¬»²¬ ¬¸¿¬ §±« °»®º±®³ ©±®µ «²¼»® ¿ ©®·¬¬»² ½±²¬®¿½¬ ¬¸¿¬ ®»¯«·®»­ §±« ¬± ±¾¬¿·² ¬¸·­ ¿¹®»»³»²¬ º®±³ «­ò÷ ̸·­ ¿¹®»»³»²¬ ­¸¿´´ ²±¬ ±°»®¿¬» ¼·®»½¬´§ ±® ·²¼·®»½¬´§ ¬± ¾»²»º·¬ ¿²§ ±²» ²±¬ ²¿³»¼ ·² ¬¸» ͽ¸»¼«´»ò ÍÝØÛÜËÔÛ ÜÛÍ×ÙÒßÌÛÜ ÑÎÙßÒ×ÆßÌ×ÑÒæ ÜÛÍ×ÙÒßÌÛÜ ÐÛÎÍÑÒæ ÐßÙÛÍÌ ßÍÍ×ÙÒæ ÑÚÜßÌÛ ÑÚ ×ÍÍËÛæ ï ï 57WERT0674 9/10/2020 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8 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 27401 LOS ALTOS # 220 Business Type: MISSION VIEJO, CA 92691-6316 CHARLES ABBOTT ASSOCIATES, INC. 27401 LOS ALTOS # 220 MISSION VIEJO, CA 92691-6316 This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat 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 CHARLES ABBOTT ASSOCIATES, INC. CHARLES ABBOTT ASSOCIATES, INC. SERVICE/GENERAL-MISC. PROFESSIONAL SERVICES FOR PLAN CHECK SERVICES – ENGINEERING DEPARTMENT 025206 6/30/2020 6/30/2021 DocuSign Envelope ID: 6370C03E-161D-4980-BDF8-54DE01F2C2E8