HomeMy WebLinkAboutItem No. 09 Amend No. 1 CSA with Edmondson Construction Holy Fire Storm PrepCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-939
Agenda Date: 1/22/2019 Status: PassedVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 9)
Amendment No. 1 to Contractor Services Agreement with Edmondson Construction Co. for
Holy Fire Storm Preparedness Emergency Services
Authorize the City Manager to execute Amendment No. 1 in the amount of $65,000.00, bringing the total
contract amount to $145,498.00, in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 5/9/2023
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Catherine Eakins –Public Works Administration Assistant
Date:January 22, 2019
Subject:Amendment No. 1 to Agreement with Edmondson Construction Co.
for Holy Fire Storm Preparedness Emergency Services
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1to the Edmondson
Construction Co., contract in the amount of $115,000, bringing the total contract amount
$195,498, in the form attached and in such final form as approved by the City Attorney.
Background
On October 9, 2018, the Citycontracted with EdmondsonConstruction for an emergency project
to install an approximate 1,300’ long earthen berm along the southerly edge of the creek at the
entrance to Rice Canyon (north of the intersection of Dale Court and Lincoln Street, adjacent to
Rice Canyon Elementary School) in the City of Lake Elsinore, Riverside County, California. The
project was in anticipation of a severe winterstorms forecast. OnDecember6, 2018,heavy rain
stormscaused significant storm damage, with mud and debris flowsin our communities.
Edmondson was mobilized to assist with cleanup from thestorm damage on theMachadoStreet,
LarsonStreet, and Ulla Lane.
Discussion
The original contract compensationwas for $80,498.Due to the extensive work carried out before
and after the December rain stormsby Edmondson on behalf of the City, and in anticipation of
the predicted heavy rain to come, it is necessary to increase the compensation of their contract
to covercost of labor, materials and equipment.
Fiscal Impact
Funds for this emergency project has been allocated from the General Fund.
Exhibits
A –Edmondson Construction Co. -Amendment No. 1
B –Edmondson Construction Co. –Original Agreement
AMENDMENT NO. 1 Edmondson Construction Co
January 22, 2019
City of Lake Elsinore
AMENDMENTNO. 1
TO AGREEMENTFOR CONTRACTOR SERVICES
Edmondson Construction Co.
Excavation, Grading, Paving and Concrete Services
Amendment No. 1 to Agreement for Contractor Services (“Amendment No. 1”) is made
and entered into as of January 22, 2019 by and between the City of Lake Elsinore, a municipal
corporation (“City), and Edmondson Construction Co., a licensed, bonded and insured General
Engineering Contractor (“Contractor”).
A.The City and Contractor have entered into that certain Agreement for Contractor
Services dated as of October 9, 2018, (the “Original Agreement”). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B.The Original Agreement provided for compensation to Contractorin an amount
not to exceed$80,498.
C.The parties now desire to increase the compensation an additional $115,000 for
services rendered due to the December 6, 2018 Holy Fire Storms and anticipated to be
necessary to respond to conditions resulting from future Holy Fire Storms as set forth in this
Amendment No. 1 for a total not to exceed amount of $195,498.
NOW, THEREFORE, inconsideration 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 and
restated in its entirety as follows:
Compensation to be paid to the Contractor shall be in accordance with
the ratesset forth in Contractor’s Proposal (Exhibit A to the Original
Agreement). In no event shall Contractor’s compensation exceed One
Hundred Ninety Five Thousand Four Hundred Ninety EightDollars
($195,498) 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 of the Original Agreement
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.
[Signatures on next page]
AMENDMENT NO. 1 Edmondson Construction Co
January 22, 2019
City of Lake Elsinore
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
Grant Yates, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONTRACTOR”
EDMONDSON CONSTRUCTION CO., a
Contractor
Chance Edmondson, President
Date:
Attachments: Original Agreement
ebc72473-b29c-4272-a395-4c2bc482b584 Page 1
AGREEMENT FOR CONTRACTOR SERVICES
Edmondson Construction Co.
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of
October 9, 2018, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Edmondson Construction Co., ("Contractor").
RECITALS
A. The City has determined that it requires the following services: Emergency work
to include install approximately 1,300’ long earthen berm to help keep expected debris flows within
the creek/channel away from the elementary school and adjacent homes.
B. Contractor has submitted to City a proposal, dated October 3, 2018, attached
hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide services and
related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services and related
work at the time, place, and in the manner specified in Contractor’s Proposal (Exhibit A), subject
to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent with
Contractor’s Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary
tools, expendable equipment, and all taxes, utility and transportation services required to perform
such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor’s
Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the City Manager.
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c. Term.
The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Contractor’s Proposal (Exhibit A).
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 project task
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 task 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 compensation exceed Eighty
Thousand Four Hundred Ninety Eight dollars ($80,498) 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. Reserved.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the 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.
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. 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
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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 acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Contractor, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City’s use of such materials in a manner beyond
the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
b. 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.
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.
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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. It is understood that Contractor, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City.
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
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.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
11. Interests of Contractor. Contractor (including principals, associates and
management employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor’s services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
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
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b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement.
All work performed by Contractor under this Agreement shall be in accordance with applicable
legal requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor’s field of expertise.
13. Compliance with Laws. Contractor shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14. Licenses. 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.
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
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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
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.
b.Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be
endorsed with the following specific language:
i.The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
ii.This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii.This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
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iv.The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v.Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi.The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, 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: Edmondson Construction Co.
Attn: Chance Edmondson
18135 Grand Avenue
Lake Elsinore, CA 92530
18.Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
19.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.
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20. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the 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.
21.Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
22.Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
23.Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
24.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
25.Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
26.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.
27.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
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for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
28. 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.
29.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.
30.Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Signatures on next page]
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Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONTRACTOR”
Edmondson Construction Co.
By: _____________________
Its: _____________________
Attachments: Exhibit A – Contractor’s Proposal
Chance Edmondson
President
DocuSign Envelope ID: 2CA88739-6744-4CA7-8F6E-887F2B036457
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
ATTACHED]
DocuSign Envelope ID: 2CA88739-6744-4CA7-8F6E-887F2B036457
DocuSign Envelope ID: 2CA88739-6744-4CA7-8F6E-887F2B036457
CERTIFICATE HOLDER
1988-2010 ACORD CORPORATION. All rights reserved.ACORD 25 (2010/05)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE
LOCJECT
PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
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 (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
MM/DD/YYYY)
POLICY EXP
MM/DD/YYYY)LIMITS
WC STATU-
TORY LIMITS
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-OWNED
AUTOS AUTOS
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.
INSR
ADDL
WVD
SUBR
N / A
Ea accident)
Per accident)
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).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
INSURED
PHONE
A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
A/C, No):
CONTACT
NAME:
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.
INS025 (201005).01
9/28/2018
R. David Bulen Insurance
P.O. Box 115
Lake Elsinore CA 92531-0115
Nicole Scull
951)674-0675 (951)674-2375
nicole@bulen.com
Edmondson Construction, Inc.
DBA: Edmondson Construction Company
P.O. Box 101
Lake Elsinore CA 92531-0101
Ohio Casualty Insurance Co.24074
American Fire & Casualty Co.24066
Liberty Surplus Insurance Co.10725
CL1832624386
A
X
X
X
X Y BLO57469922 4/1/2018 4/1/2019
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B X
BAA57469922 4/1/2018 4/1/2019
1,000,000
Non-owned
Inland Marine BSK57569922 12/03/2017 12/03/2018 Rented/Leased/Ded 250,000/1,000
Project: All Operations within City Limits.
City of Lake Elsinore is named as Additional Insured in regards to General Liability per the attached
CG2010. Insurance is Primary and Non Contributory per the attached CG2001. Waiver of Subrogation
applies to General Liability per the attached CG2404. *30-day notice of cancellation, except for 10-day
notice of cancellation for nonpayment of premium.
Alivia McMahon/NICOLEAliviaMcMahon/NICOLE
City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA 92530
DocuSign Envelope ID: 2CA88739-6744-4CA7-8F6E-887F2B036457
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COMMERCIAL AUTO
CA 88 10 01 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
ACCIDENTAL AIRBAG DEPLOYMENT 12
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19
AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13
BROAD FORM INSURED 1
BODILY INJURY REDEFINED 22
EMPLOYEES AS INSUREDS (including employee hired auto) 2
EXTENDED CANCELLATION CONDITION 23
EXTRA EXPENSE – BROADENED COVERAGE 10
GLASS REPAIR – WAIVER OF DEDUCTIBLE 15
HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6
HIRED AUTO COVERAGE TERRITORY 20
LOAN / LEASE GAP 14
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16
PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE – ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8
RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 17
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20
SECTION II – LIABILITY COVERAGE is amended as follows:
1. BROAD FORM INSURED
SECTION II – LIABILITY COVERAGE, paragraph A.1. –WHO IS AN INSURED is amended to include the
following as an insured:
d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the
policy period. However, “insured” does not include any organization that:
1) Is a partnership or joint venture; or
2) Is an insured under any other automobile policy; or
3) Has exhausted its Limit of Insurance under any other automobile policy.
Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of
this policy.
e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you
own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days
from the date of acquisition or formation. However, coverage under this provision does not apply:
1) If there is similar insurance or a self-insured retention plan available to that organization;
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2) If the Limits of Insurance of any other insurance policy have been exhausted; or
3) To “bodily injury” or “property damage” that occurred before you acquired or formed the
organization.
2. EMPLOYEES AS INSUREDS
SECTION II – LIABILITY COVERAGE, paragraph A.1. –WHO IS AN INSURED is amended to include the
following as an insured:
f. Any “employee” of yours while using a covered “auto” you do not own, hire or borrow, but only for acts
within the scope of their employment by you. Insurance provided by this endorsement is excess over
any other insurance available to any “employee”.
g. An “employee” of yours while operating an “auto” hired or borrowed under a written contract or
agreement in that “employee’s” name, with your permission, while performing duties related to the
conduct of your business and within the scope of their employment. Insurance provided by this
endorsement is excess over any other insurance available to the “employee”.
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II – LIABILITY COVERAGE, paragraph A.1. –WHO IS AN INSURED is amended to include the
following as an insured:
h. Any person or organization with respect to the operation, maintenance or use of a covered “auto”,
provided that you and such person or organization have agreed in a written contract, agreement, or
permit issued to you by governmental or public authority, to add such person, or organization, or
governmental or public authority to this policy as an “insured”.
However, such person or organization is an “insured”:
1) Only with respect to the operation, maintenance or use of a covered “auto”;
2) Only for “bodily injury” or “property damage” caused by an “accident” which takes
place after you executed the written contract or agreement, or the permit has been
issued to you; and
3) Only for the duration of that contract, agreement or permit
4. SUPPLEMENTARY PAYMENTS
SECTION II – LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2)
and (4) are replaced by the following:
2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of
an “accident” we cover. We do not have to furnish these bonds.
4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to
500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the
employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:
SECTION II – LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the “bodily injury” results from
the use of a covered “auto” you own or hire.
SECTION III – PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III – PHYSICAL DAMAGE COVERAGE, is amended by
adding the following:
If hired “autos” are covered “autos” for Liability Coverage, and if Comprehensive, Specified Causes of Loss or
Collision coverage are provided under the Business Auto Coverage Form for any “auto” you own, then the
Physical Damage coverages provided are extended to “autos”:
a. You hire, rent or borrow; or
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b. Your “employee” hires or rents under a written contract or agreement in that “employee’s” name, but
only if the damage occurs while the vehicle is being used in the conduct of your business,
subject to the following limit and deductible:
A. The most we will pay for “loss” in any one “accident” or “loss” is the smallest of:
1) $50,000; or
2) The actual cash value of the damaged or stolen property as of the time of the “loss”; or
3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality, minus a deductible.
B. The deductible will be equal to the largest deductible applicable to any owned “auto” for that coverage.
C. Subject to the limit, deductible and excess provisions described in this provision, we will provide
coverage equal to the broadest coverage applicable to any covered “auto” you own.
D. Subject to a maximum of $1,000 per “accident”, we will also cover the actual loss of use of the hired
auto” if it results from an “accident”, you are legally liable and the lessor incurs an actual financial
loss.
E. This coverage extension does not apply to:
1) Any “auto” that is hired, rented or borrowed with a driver; or
2) Any “auto” that is hired, rented or borrowed from your “employee”.
For the purposes of this provision, SECTION V – DEFINITIONS is amended by adding the following:
Total loss” means a “loss” in which the cost of repairs plus the salvage value exceeds the actual cash value.
7. TOWING AND LABOR
SECTION III – PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the
following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered “auto”
classified and rated as a private passenger type, “light truck” or “medium truck” is disabled:
a. For private passenger type vehicles, we will pay up to $50 per disablement.
b. For “light trucks”, we will pay up to $50 per disablement. “Light trucks” are trucks that have a gross
vehicle weight (GVW) of 10,000 pounds or less.
c. For “medium trucks” , we will pay up to $150 per disablement. “Medium trucks” are trucks that have a
gross vehicle weight (GVW) of 10,001 – 20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a., Coverage Extension of SECTION III – PHYSICAL DAMAGE COVERAGE, is amended to
provide a limit of $50 per day and a maximum limit of $1,500
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9. RENTAL REIMBURSEMENT
SECTION III – PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an
auto” because of “accident” or “loss”, to an “auto” for which we also pay a “loss” under
Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those
expenses incurred after the first 24 hours following the “accident” or “loss” to the covered “auto.”
b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may
be substantially less than $75 per day, and will only be allowed for the period of time it should take to
repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and
replace your tools and equipment from the covered “auto”.
d. This coverage does not apply unless you have a business necessity that other “autos” available for
your use and operation cannot fill.
e. If “loss” results from the total theft of a covered “auto” of the private passenger type, we will pay under
this coverage only that amount of your rental reimbursement expenses which is not already provided
under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
For the purposes of this endorsement provision, materials and equipment do not include “personal effects” as
defined in provision 11.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III – PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of
returning a stolen covered “auto” to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III – PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the
following:
If you have purchased Comprehensive Coverage on this policy for an “auto” you own and that “auto” is stolen,
we will pay, without application of a deductible, up to $600 for “personal effects” stolen with the “auto.”
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V – DEFINITIONS is amended by adding the following:
For the purposes of this provision, “personal effects” mean tangible property that is worn or carried by an
insured.” “Personal effects” does not include tools, equipment, jewelry, money or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III – PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for “loss” relating
to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer’s warranty. However, we agree to pay any deductible applicable to the other coverage or
warranty.
13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION III – PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions
4.c. and 4.d. is deleted and replaced with the following:
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Exclusion 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed
solely for the reproduction of sound, if the equipment is permanently installed in the covered “auto” at
the time of the “loss” and such equipment is designed to be solely operated by use of the power from
the “auto’s” electrical system, in or upon the covered “auto” and physical damage coverages are
provided for the covered “auto”; or
If the “loss” occurs solely to audio, visual or data electronic equipment or accessories used with this
equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced
by a $100 deductible.
14. LOAN / LEASE GAP COVERAGE
A. Paragraph C., LIMIT OF INSURANCE of SECTION III – PHYSICAL DAMAGE COVERAGE is
amended by adding the following:
The most we will pay for a “total loss” to a covered “auto” owned by or leased to you in any one
accident” is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered “auto” is
subject at the time of the “loss” less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the
date of the “loss”,
b. Financial penalties imposed under a lease due to high mileage, excessive use or
abnormal wear and tear,
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease,
d. Transfer or rollover balances from previous loans or leases,
e. Final payment due under a “Balloon Loan”,
f. The dollar amount of any unrepaired damage which occurred prior to the “total loss” of
a covered “auto”,
g. Security deposits not refunded by a lessor,
h. All refunds payable or paid to you as a result of the early termination of a lease
agreement or as a result of the early termination of any warranty or extended service
agreement on a covered “auto”,
i. Any amount representing taxes,
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the “loss”.
An adjustment for depreciation and physical condition will be made in determining the actual cash
value at the time of the “loss”. This adjustment is not applicable in Texas.
B. ADDITIONAL CONDITIONS
This coverage applies only to the original loan for which the covered “auto” that incurred the loss
serves as collateral, or lease written on the covered “auto” that incurred the loss.
C. SECTION V – DEFINTIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
Total loss” means a “loss” in which the cost of repairs plus the salvage value exceeds the actual cash
value.
A “balloon loan” is one with periodic payments that are insufficient to repay the balance over the term
of the loan, thereby requiring a large final payment.
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15. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III – PHYSICAL DAMAGE COVERAGE is amended by the addition of
the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SECTION III – PHYSICAL DAMAGE COVERAGE is amended by the addition of
the following:
The deductible does not apply to “loss” caused by collision to such covered “auto” of the private passenger
type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as
maximum loaded weight the “auto” is designed to carry while it is:
a. In the charge of an “insured”;
b. Legally parked; and
c. Unoccupied.
The “loss” must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered “auto” must exceed the deductible shown in the Declarations.
This provision does not apply to any “loss” if the covered “auto” is in the charge of any person or organization
engaged in the automobile business.
17. TWO OR MORE DEDUCTIBLES
Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms
apply to the same accident, the following applies to paragraph D. Deductible:
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced
by the amount of the smaller (or smallest) deductible; or
c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest)
deductible will be waived.
For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group.
SECTION IV – BUSINESS AUTO CONDITIONS is amended as follows:
18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date
or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be
prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and
we have the right to collect additional premium for any such hazard or exposure.
19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION IV – BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following:
a. In the event of “accident”, claim, “suit” or “loss”, you must promptly notify us when it is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. Member, if you are a limited liability company;
4. An executive officer or the “employee” designated by the Named Insured to give such notice,
if you are a corporation.
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To the extent possible, notice to us should include:
1) How, when and where the “accident” or “loss” took place;
2) The “insureds” name and address; and
3) The names and addresses of any injured persons and witnesses.
20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION IV – BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against
Others to Us, is amended by the addition of the following:
If the person or organization has waived those rights before an “accident” or “loss”, our rights are waived also.
21. HIRED AUTO COVERAGE TERRITORY
SECTION IV – BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is
amended by the addition of the following:
f. For “autos” hired 30 days or less, the coverage territory is anywhere in the world, provided that the
insured’s responsibility to pay for damages is determined in a “suit”, on the merits, in the United
States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a
settlement we agree to.
This extension of coverage does not apply to an “auto” hired, leased, rented or borrowed with a driver.
SECTION V – DEFINITIONS is amended as follows:
22. BODILY INJURY REDEFINED
Under SECTION V – DEFINTIONS, definition C. is replaced by the following:
Bodily injury” means physical injury, sickness or disease sustained by a person, including mental anguish,
mental injury, shock, fright or death resulting from any of these at any time.
COMMMON POLICY CONDITIONS
23. EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS, paragraph A.– CANCELLATION condition applies except as follows:
If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written
notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply
in those states which require more than 60 days prior notice of cancellation.
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CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
10/5/2018
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 SUBROGRATION 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).
PRODUCER Willis Towers Watson
12980 Metcalf Ave Suite 500
Overland Park KS 66213
CONTACT NAME: San Bernardino
PHONE (A/C, No Ext): (909) 890-3633 FAX (A/C, NO): (360) 828-0699
EMAIL ADDRESS: Jessica.Palafox@bbsihq.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A:ACE American Insurance Company 22667
INSURED
Barrett Business Services, Inc. L/C/F
EDMONDSON CONSTRUCTION, INC.
18135 GRAND AVENUE
LAKE ELSINORE, CA 92530
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
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
ISSUES 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.
INSR
LTR
TYPE OF INSURANCE ADDL
INSR
SUBR
WVD
POLICY NUMBER POLICY EFF
MM/DD/YYYY)
POLICY EXP
MM/DD/YYYY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJ-
ECT
LOC
EACH OCCURRENCE $
DAMAGE TO RENTED PREMISES (Ea
occurence)$
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS SCHEDULED AUTOS
HIRED AUTOS NON-OWNED AUTOS
COMBINED SINGLE LIMIT
Ea accident)$
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
PROPERTY DAMAGE
Per accident)
UMBRELLA LIAB OCCUR
EXCESS LIAB OCCUR
DED RETENTION $
EACH OCCURRENCE $
AGGREGATE $
A WORKERS COMPENSATION AND EMPLOYERS'
LIABILITY Y/N
ANY PROPRIETOR/PARTNER/ EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Y
Mandatory in NH) If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
C65181319
Covered states:
CA
04/01/18 04/01/2019 9 WC STATU-
TORY LIMITS
OTH-
ER
E.L. EACH ACCIDENT $2,000,000
E.L. DISEASE - EA EMPLOYEE $2,000,000
E.L. DISEASE - POLICY LIMIT $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER CANCELLATION
Western Riverside County Regional Conservation Authority
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
3403 10th St, Suite 320 AUTHORIZED REPRESENTATIVE
Riverside CA 92501 Authorized
Rep
c) 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD.
DocuSign Envelope ID: 2CA88739-6744-4CA7-8F6E-887F2B036457
AGENCY CUSTOMER ID: _____________________________________
LOC: #:______________________________________
ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY
Lockton Affinity
POLICY NUMBER
C65181319
CARRIER NAIC CODE
ACE American Insurance Company 22667
NAMED INSURED:
Barrett Business Services, Inc. L/C/F
EDMONDSON CONSTRUCTION, INC.
18135 GRAND AVENUE
LAKE ELSINORE, CA 92530
EFFECTIVE DATE:04/01/18
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14)
CERTIFICATE HOLDER:Western Riverside County Regional Conservation Authority
ADDRESS:3403 10th St, Suite 320 Riverside CA 92501
Rice Canyon Berm Grading
ACORD 101 (2008/01)c) 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD.
DocuSign Envelope ID: 2CA88739-6744-4CA7-8F6E-887F2B036457
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
18135 GRAND AVE Business Type:
LAKE ELSINORE, CA 92530-6161
EDMONDSON CONSTRUCTION, INC
P.O.BOX 101
LAKE ELSINORE, CA 92531
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
EDMONDSON CONSTRUCTION, INC
CHANCE EDMONDSON
GENERAL ENGINEERING CONTRACTOR
GENERAL ENGINEERING CONTRACTOR
022444
10/1/2018 9/30/2019
DocuSign Envelope ID: 2CA88739-6744-4CA7-8F6E-887F2B036457