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HomeMy WebLinkAboutItem No. 14 - Amendment No. 1 to the Agreement with Albert A Webb for On-Call Traffic Engineering Services Page 1 of 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:August 22, 2023 Subject:Amendment No. 1 to the Professional Services Agreement with Albert A. Webb for On-Call Traffic Engineering Services Recommendation Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Albert A. Webb Associates for on-call traffic engineering services in the amount of $148,430 in substantially the form attached and in such final form as approved by the City Attorney. Background The City utilizes contract traffic engineering services in support of traffic operations, development review, and CIP project engineering support. Based on previous experience, approximately 70% of these engineering services have been paid through developer deposits and funded CIP project budgets. The remaining 30% of the cost of services have been funded by Gas Tax and the General Fund. Discussion Amendment No. 1 extends consultant traffic engineering services through June 30, 2024. Over the last few years, Webb has provided much-needed traffic engineering project management, traffic development review, and guidance and coordination on traffic-related operations and maintenance issues. The Engineering Department is very satisfied with Webb’s services and recommends the City Council approve the extension. Fiscal Impact A combination of adopted FY 2023-2024 CIP project budgets, developer deposits, and Gas Tax funds will support the traffic engineering services as proposed in this Amendment No. 1. Amendment to the PSA Albert Webb Page 2 of 2 Attachments Attachment 1- Amendment No. 1 Exhibit A- Fee Proposal Attachment 2 – Original Agreement 3 1 8 0 4 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES Albert A. Webb Associates Engineering Traffic Consulting Services This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 8/22/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and Albert A. Webb Associates, a Corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 7/26/2022, (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 Twenty-Five Thousand Two Hundred Thirty-Six dollars ($125,236.00) for a term of one year. C. The Original Agreement had a term of one (1) years, commencing on July 1, 2022 and ending on June 30, 2023 with an option to extend the term on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms. D. The parties now desire to amend the scope of services, term 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 1, Scope of Services, of the Original Agreement is hereby amended to add the following: Consultant shall also perform the services described in Consultant’s 6/30/2023 Proposal (attached to this Amendment No. 1 as Exhibit A-1). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time. 2. Section 2, Term, of the Original Agreement is hereby amended to read in its entirety as follows: Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2022 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 1 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. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: 3 1 8 0 4 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 6/30/2023 Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed One Hundred Forty-Eight Thousand Four Hundred Thirty dollars ($148,430.00) without additional written authorization from the City Council Notwithstanding any provision of Consultant’s 6/30/2023 Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” Albert A. Webb Associates City Manager Date: Dilesh Sheth, Senior Vice President Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3 1 8 0 4 Assistant City Manager Attachments: Exhibit A-1 – Consultant’s Proposal EXHIBIT A-1 CONSULTANT’S PROPOSAL [ATTACHED] 015465 G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\015465 Lake Elsinore On-Call 22-23\FY23- 24\015465_Engineering Services Proposal_2023-06-09.docx June 30, 2023 Mr. Remon Habib, PE City Engineer CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 RE: Proposal to Provide On-Call Traffic Engineering Services for Fiscal Year 2023-24 Dear Remon: Albert A. Webb Associates (WEBB) processed the task order for on-call traffic engineering services for fiscal years 2021-2022 and 2022-2023 previously. WEBB is now submitting this proposal to provide on-call traffic engineering services for July through June of the fiscal year 2023-2024. Exhibit “A” contains our proposed scope of services. Exhibit “B” contains a summary of our fee proposal for services described in Exhibit “A”. We appreciate the opportunity to be of service and look forward to hearing from you. In the meantime, if you have any questions or require additional information, please call me at (951) 830-4305. Sincerely, Albert A. Webb Associates Dilesh R. Sheth, P.E./T.E. Senior Vice President Attachments: Exhibit “A” – Scope of Services Exhibit “B” – Personnel and Compensation for Scope of Services Proposal to Provide On-Call Traffic Engineering Service for Fiscal Year 2023-24 Page 2 G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\015465 Lake Elsinore On-Call 22-23\FY23-24\015465_Engineering Services Proposal_2023-06-09.docx Exhibit “A” – Scope of Work Task A – On-call Traffic Engineering Services WEBB will provide on-call consultant traffic engineering scope of services as follows: 1. Receive citizens’ requests regarding traffic issues. 2. Process service requests including field reviews, research, analysis, and correspondence with requestors. 3. Respond to public requests for information regar ding projects and attend community outreach meetings as required. 4. Field review traffic circulation around schools. Perform analysis and provide recommendations. 5. Analyze intersections and roadway segments as needed for multi-way stop warrants, traffic signal warrants, and traffic calming. Coordinate with a traffic count subconsultant for count data. 6. Prepare agenda items regarding traffic safety for the Public Safety Advisory Commission (PSAC) meetings. Attend PSAC meetings as needed. 7. Attend staff meetings and provide updates to the City Manager and City Engineer as needed. 8. Present reports and provide recommendations to P lanning Commission and City Council as needed. 9. Provide coordination with the County of Riverside, RCTC, WRCOG, Caltrans, adjacent Cities, and law enforcement agencies. 10. Develop traffic standards for signal equipment and signing & striping to promote consistency and uniformity citywide. 11. Review/design traffic control plans for special events. 12. Oversee traffic operation (signal operation and maintenance, signing & striping, and markings). 13. Coordinate with the County of Riverside signal maintenance staff and on-call signal operations staff to address any signal or timing is sues. 14. Review all long corridors for possible signal coordination and missing interconnect. 15. Review traffic impact studies and assist in the preparation of conditions of approval for development projects. 16. Prepare and/or review fair share obligations for the development projects. 17. Attend Planning Commissions and City Council Me etings for Development Projects PROPOSAL TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICE FOR FISCAL YEAR 2023-24 Page 3 G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\015465 Lake Elsinore On-Call 22-23\FY23-24\015465_Engineering Services Proposal_2023-06-09.docx as needed. 18. Review traffic control plans for work within the City right of way and provide assistance with the Encroachment Permit process. 19. Review traffic signal and signing & striping plans to ensure conformance with city, state, federal, and other applicable standards and requirements. 20. Work with Riverside County and on-call signal maintenance technicians for traffic signal and traffic signal system timing plans. 21. Prepare traffic signal design, signal timing sheets, coordination of signal timing, and traffic signal operation troubleshooting. 22. Provide construction support services on City Projects as needed. 23. Coordinate with Caltrans and the County of Riverside for Central Avenue interchange coordination and improvements. 24. Research neighborhood traffic calming measures for potential implementation. 25. Create and maintain an equipment inventory log for all existing traffic signals. Task B – On-call Engineering Services for Grant Applications WEBB will provide on-call consultant engineering sc ope of services as follows: 1. Research grant opportunities available to the city. Apply for HSIP and other grants when available. 2. Research possible grants for other systemic impr ovements for pedestrian heads, APS push buttons, signal improvements, and other safety improvements. 3. Assist in preparing Caltrans forms and other nec essary documentation for grant receipt requirements. PROPOSAL TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICE FOR FISCAL YEAR 2023-24 Page 4 G:\Proposals\FORMAL PROPOSALS\City of Lake Elsinore\015465 Lake Elsinore On-Call 22-23\FY23-24\015465_Engineering Services Proposal_2023-06-09.docx Exhibit “B” – Personnel and Compensation Services described in our Scope of Services (Exhibit “A”) shall be provided on a time and material basis as shown below: Task A – On-call Traffic Engineering Services Task A – On-call Traffic Engineering Services: $ 95,950.00 Task B – On-call Engineering Services for Grant Applications (2 Applications) Task B – On-call Engineering Services for Grant Applications: $ 52,480.00 Total of Task A and Task B = $148,430.00 Name Role and Responsibility Professional Qualifications Billout Rate/Hour Total Amount Nicholas Lowe Senior Engineer/City Traffic Engineer Registered Civil Engineer $275 $ 88,000.00 15 $530 $ 7,950.00 Total Hours for 12 Months (52 Weeks) 320 Intersection/Roadway Counts Name Role and Responsibility Professional Qualifications Billout Rate/Hour Total Amount Nicholas Lowe Senior Engineer/City Traffic Engineer Registered Civil Engineer $275 $ 8,800.00 Ingrid Tjahyadi Associate Engineer $195 $ 15,600.00 Sara Sadeghi Transportation Planner Professional Transportation Planner $195 $ 28,080.00 144 Estimated Total Hours for 2 Applications 32 80 5e7b1f83-4358-46ab-ba9c-fef662b2006e Page 1 AGREEMENT FOR PROFESSIONAL SERVICES Albert A. Webb Associates Engineering Traffic Consulting Services This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 26, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Albert A. Webb Associates, a Corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Traffic Engineering Services, On-Call Traffic Services and other engineering services as requested by the City. B. Consultant has submitted to City a proposal, dated July 13, 2022, 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. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 Page 2 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, 2022 and 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 Twenty-Five Thousand Two Hundred Thirty-Six dollars ($125,236) 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. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 Page 3 7. 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. 8. Consultant’s Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 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. 9. 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. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 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).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 13. 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. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 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. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with 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: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 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: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 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. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Albert A. Webb Associates Attn: Dilesh Sheth, PE, TE 3788 McCray Street Riverside, CA 92506 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of 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. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 Page 9 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. 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. 23. 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. 24. 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. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. 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: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 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. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. 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. 30. 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: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 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 City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager “CONSULTANT” Albert A. Webb Associates, a Corporation By: Dilesh Sheth Its: Senior Vice President Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 7/29/2022 | 12:26 PM PDT 7/29/2022 | 10:38 PM PDT 7/30/2022 | 7:09 AM PDT7/30/2022 | 9:28 AM PDT 8/1/2022 | 1:45 PM PDT EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 EXHIBIT B DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 EXHIBIT B Exhibit “A” – Scope of Work Task A – On-call Traffic Engineering Services WEBB will provide on-call consultant traffic engineering scope of services as follows: 1. Receive citizen’s request regarding traffic issues. 2. Process service requests including field reviews, research, analysis, and correspondence with requestors. 3. Respond to public requests for information regarding projects and attend community outreach meetings as required. 4. Field review traffic circulation around schools. Perform analysis and provide recommendations. 5. Analyze intersections and roadway segments as needed for multi-way stop warrants, traffic signal warrants, and traffic calming. Coordinate with a traffic count subconsultant for count data. 6. Prepare agenda items regarding traffic safety for the Public Safety Advisory Commission (PSAC) meetings. Attend PSAC meetings as needed. 7. Attend staff meetings and provide updates to the City Manager and City Engineer as needed. 8. Present reports and provide recommendations to Planning Commission and City Council as needed. 9. Provide coordination with the County of Riverside, RCTC, WRCOG, Caltrans, adjacent Cities, and law enforcement agencies. 10. Develop traffic standards for signal equipment and signing & striping to promote consistency and uniformity citywide. 11. Review/design traffic control plans for special events. 12. Oversee traffic operation (signal operation and maintenance, signing & striping and markings). 13. Coordinate with County of Riverside signal maintenance staff and on-call signal operations staff to address any signal or timing issues. 14. Review all long corridors for possible signal coordination and missing interconnect. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 EXHIBIT B 15. Review traffic impact studies and assist in preparation of conditions of approval for development projects. 16. Prepare and/or review fair share obligation for the development projects. 17. Attend Planning Commissions and City Council Meetings for Development Projects PROPOSAL TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICE FOR FISCAL YEAR 2022-23 as needed. 18. Review traffic control plans for work within the City right of way and provide assistance with the Encroachment Permit process. 19. Review traffic signal and signing & striping plans to ensure conformance with city, state, federal, and other applicable standards and requirements. 20. Work with Riverside County and on-call signal maintenance technicians for traffic signal and traffic signal system timing plans. 21. Prepare traffic signal design, signal timing sheets, coordination of signal timing, and traffic signal operation troubleshooting. 22. Provide construction support services on City Projects as needed. 23. Coordinate with Caltrans and County of Riverside for Railroad Canyon interchange coordination and improvements. 24. Coordinate with Caltrans and County of Riverside for Central Avenue interchange coordination and improvements. 25. Research neighborhood traffic calming measures and Implement Neighborhood Traffic Management Program citywide, and on website. 26. Create and maintain equipment inventory log for all existing traffic signals. Task B – On-call Engineering Services for Grant Applications WEBB will provide on-call consultant engineering scope of services as follows: 1. Research grant opportunities available to the City. Apply for HSIP and other grants when available. 2. Research possible grants for other systemic improvements for pedestrian heads, APS push buttons, signal improvements, and other safety improvements. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 EXHIBIT B 3. Assist in preparing Caltrans forms and other necessary documentation for grant receipt requirements. Exhibit “B” – Personnel and Compensation Services described in our Scope of Work (Exhibit “A”) shall be provided on a time and material basis as shown below: Task A – On-call Traffic Engineering Services Name Role and Responsibility Professional Qualifications Total Hours for 12 Months (52 Weeks) Billout Rate/Hour Total Amount Nicholas Lowe Senior Engineer/City Traffic Engineer Registered Civil Engineer 320 $231 $ 73,920.00 Intersection/Roadway Counts 10 $530 $ 5,300.00 Task A – On-call Traffic Engineering Services: $ 79,220.00 Task B – On-call Engineering Services for Grant Applications (2 Applications) Name Role and Responsibility Professional Qualifications Estimated Total Hours for 2 Applications Billout Rate/Hour Total Amount Nicholas Lowe Senior Engineer/City Traffic Engineer Registered Civil Engineer 32 $231 $ 7,392.00 Ingrid Tjahyadi Assistant Engineer 80 $166 $ 13,280.00 Sara Sadeghi Transportation Planner 144 $176 $ 25,344.00 Task B – On-call Engineering Services for Grant Applications: $ 46,016.00 Total of Task A and Task B = $125,236.00 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/29/2022 License # 0757776 (951) 779-8558 (951) 231-2572 25674 Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 19437 A 1,000,000 X X P-630-5456P929-TIL-22 2/1/2022 2/1/2023 300,000 $0 Deductible 5,000 1,000,000 2,000,000 2,000,000 1,000,000A X X BA-3L23491A-22-43-G 2/1/2022 2/1/2023 A X UB-4J648178-21-43-G 9/1/2021 9/1/2022 1,000,000 Y 1,000,000 1,000,000 B Professional Liab.031711122 9/1/2021 Ded $150k/EaClaim 1M 1,000,000 The City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are Additional Insured's with regard to the General Liability policy per the attached endorsement forms CGD414 04/08 and CGD379 02/19, Primary & Non-Contributory and Waiver of Subrogation included. Per Project Aggregate applies per the attached endorsement form CGD321 01/04. Additional Insured applies with regard to the Auto Liability policy per the attached endorsement form CAT353 02/15, Waiver of Subrogation included. Primary & Non-Contributory applies with regard to the Auto Liability policy per the attached endorsement form CAT474 02/16. Waiver of Subrogation applies with regard to the Workers' Compensation policy per the attached endorsement form WC990376A. SEE ATTACHED ACORD 101 City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 ALBEAWE-01 RDEANDA HUB International Insurance Services Inc. PO Box 5345 Riverside, CA 92517 Kristie Koehrer cal.cpu@hubinternational.com Travelers Property Casualty Company of America Lexington Insurance Company X 9/1/2022 X X X X X X X DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. HUB International Insurance Services Inc. ALBEAWE-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0757776 0 SEE P 1 Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 SEE PAGE 1 RDEANDA 1 Description of Operations/Locations/Vehicles: "Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date." DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 Albert A. Webb Associates Policy Number: P-630-5456P929-TIL-22 Policy Period: 02/01/2022 to 02/01/2023 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Non-Owned Watercraft – 75 Feet Long Or Less H.Blanket Additional Insured – Governmental Entities – Permits Or Authorizations Relating ToB.Who Is An Insured – Unnamed Subsidiaries PremisesC.Who Is An Insured – Retired Partners, Members, I.Blanket Additional Insured – GovernmentalDirectors And Employees Entities – Permits Or Authorizations Relating ToD.Who Is An Insured – Employees And Volunteer OperationsWorkers – Bodily Injury To Co-Employees, Co- J.Incidental Medical MalpracticeVolunteer Workers And Retired Partners, Members, Directors And Employees K.Medical Payments – Increased Limit E.Who Is An Insured – Newly Acquired Or Formed L.Amendment Of Excess Insurance Condition – Limited Liability Companies Profess ional Liability F.Blanket Additional Insured – Controlling Interest M.Blanket Waiver Of Subrogation – When Required By Written Contract Or AgreementG.Blanket Additional Insured – Mortgagees, Assignees, Successors Or Receivers N.Contractual Liability – Railroads PROVISIONS uses or is responsible for the use of a watercraft that you do not own that is:A. NON-OWNED WATERCRAFT – 75 FEET (1)75 feet long or less; andLONG OR LESS (2)Not being used to carry any person1.The following replaces Paragraph (2)of or property for a charge;Exclusion g.,Aircraft, Auto Or Watercraft, in Paragraph 2.of SECTION I –B. WHO IS AN INSURED – UNNAMED COVERAGES – COVERAGE A – BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II – WHO ISLIABILITY:AN INSURED: (2)A watercraft you do not own that is:Any of your subsidiaries, other than a partnership(a)75 feet long or less; and or joint venture, that is not shown as a Named (b)Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge;if: 2.The following replaces Paragraph 2.e.of a.You are the sole owner of, or maintain an SECTION II – WHO IS AN INSURED:ownership interest of more than 50% in, such subsidiary on the first day of the policye.Any person or organization that, with period; andyour express or implied consent, either CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 6 Includes co py righted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: 630-5456P929-TIL-22 Policy Period: 02/01/2022 to 02/01/2023 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERCIAL GENERAL LIABILITY Unless you are in the business or occupationb.Such subsidiary is not an insured under of providing professional health caresimilar other insurance. services, Paragraphs (1)(a),(b),(c)and (d)No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arisinginjury" or "property damage" that occurred, or out of providing or failing to provide first aid"personal and advertising injury" caused by an or "Good Samaritan services" by any of youroffense committed:retired partners, members, directors or a.Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or "employees" providing or failing to provideb.After the date, if any, during the policy period first aid or "Good Samaritan services" duringthat you no longer maintain an ownership their work hours for you will be deemed to beinterest of more than 50% in such subsidiary.acting within the scope of their employmentFor purposes of Paragraph 1.of Section II – Who by you or performing duties related to theIs An Insured, each such subsidiary will be conduct of your business.deemed to be designated in the Declarations as:(2)"Personal injury": a.A limited liability company;(a)To you, to your current or retired b.An organization other than a partnership,partners or members (if you are ajoint venture or limited liability company; or partnership or joint venture), to your current or retired members (if you are ac.A trust; limited liability company), to your otheras indicated in its name or the documents that current or retired directors orgovern its structure."employees" while in the course of his or her employment or performing dutiesC. WHO IS AN INSURED – RETIRED PARTNERS, related to the conduct of your business,MEMBERS, DIRECTORS AND EMPLOYEES or to your other "volunteer workers"The following is added to Paragraph 2.of while performing duties related to theSECTION II – WHO IS AN INSURED:conduct of your business; Any person who is your retired partner, member,(b)To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or "volunteer worker" as a consequence ofacts within the scope of their employment by you Paragraph (2)(a)above;or while performing duties related to the conduct of your business. However, no such retired (c)For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone else who must pay damages because ofinsured for: the injury described in Paragraph (2)(a) (1)"Bodily injury":or (b)above; or (a)To you, to your current partners or (d)Arising out of his or her providing ormembers (if you are a partnership or failing to provide professional health carejoint venture), to your current members services.(if you are a limited liability company) or (3)"Property damage" to property:to your current directors; (a)Owned, occupied or used by; or(b)To the spouse, child, parent, brother or sister of that current partner, member or (b)Rented to, in the care, custody or controldirector as a consequence of Paragraph of, or over which physical control is(1)(a)above;being exercised for any purpose by; (c)For which there is any obligation to you, any of your retired partners, membersshare damages with or repay someone or directors, your current or retiredelse who must pay damages because of "employees" or "volunteer workers", anythe injury described in Paragraph (1)(a) current partner or member (if you are aor(b)above; or partnership or joint venture), or any current(d)Arising out of his or her providing or member (if you are a limited liabilityfailing to provide professional health care company) or current director.services. Page 2 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED – EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS – BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a.A limited liability company;WORKERS AND RETIRED PARTNERS, b.An organization other than a partnership,MEMBERS, DIRECTORS AND EMPLOYEES joint venture or limited liability company;The following is added to Paragraph 2.a.(1)of orSECTION II – WHO IS AN INSURED: c.A trust;Paragraphs (1)(a),(b)and (c)above do not as indicated in its name or the documentsapply to "bodily injury" to a current or retired co-that govern its structure."employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED – duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1.The following is added to SECTION II –workers" or retired partners, members or WHO IS AN INSURED:directors while performing duties related to the Any person or organization that has financialconduct of your business.control of you is an insured with respect toE. WHO IS AN INSURED – NEWLY ACQUIRED liability for "bodily injury", "property damage"OR FORMED LIMITED LIABILITY COM PANIES or "personal and advertising injury" that The following replaces Paragraph 3.of arises out of: SECTION II – WHO IS AN INSURED:a.Such financial control; or 3.Any organization you newly acquire or form,b.Such person's or organization'sother than a partnership or joint venture, and ownership, maintenance or use ofof which you are the sole owner or in which premises leased to or occupied by you.you maintain an ownership interest of more The insurance provided to such person orthan 50%, will qualify as a Named Insured if organization does not apply to structuralthere is no other similar insurance available alterations, new construction or demolitionto that organization. However:operations performed by or on behalf of sucha.Coverage under this provision is person or organization.afforded only: 2.The following is added to Paragraph 4.of(1)Until the 180th day after you acquire SECTION II – WHO IS AN INSURED:or form the organization or the end This paragraph does not apply to anyof the policy period, whichever is premises owner, manager or lessor that hasearlier, if you do not report such financial control of you.organization in writing to us within 180 days after you acquire or form it;G. BLANKET ADDITIONAL INSURED – or MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS(2)Until the end of the policy period, when that date is later than 180 days The following is added to SECTION II – WHO ISafter you acquire or form such AN INSURED:organization, if you report such Any person or organization that is a mortgagee,organization in writing to us within assignee, successor or receiver and that you180 days after you acquire or form it; have agreed in a written contract or agreementb.Coverage A does not apply to "bodily to include as an additional insured on thisinjury" or "property damage" that Coverage Part is an insured, but only withoccurred before you ac quired or formed respect to its liability as mortgagee, assignee,the organization; and successor or receiver for "bodily injury", "property c.Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that: offense committed before you acquired a.Is "bodily injury" or "property damage" thator formed the organization.occurs, or is "personal and advertising injury" For the purposes of Paragraph 1.of Section caused by an offense that is committed, II – Who Is An Insured, each such CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b.Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED – use of the premises for which that GOVERNMENTAL ENTITIES – PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II – WHO ISthis Coverage Part.AN INSURED: The insurance provided to such mortgagee,Any governmental entity that has issued a permitassignee, successor or receiver is subject to the or authorization with respect to operationsfollowing provisions:performed by you or on your behalf and that you a.The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such operations.b.The insurance provided to such person or organization does not apply to:The insurance provided to such governmental entity does not apply to:(1)Any "bodily injury" or "property damage" that occurs, or any "personal and a.Any "bodily injury", "property damage" oradvertising injury" caused by an offense "personal and advertising injury" arising outthat is committed, after such contract or of operations performed for theagreement is no longer in effect; or governmental entity; or (2)Any "bodily injury", "property damage" or b.Any "bodily injury" or "property damage""personal and advertising injury" arising included in the "products-completedout of any structural alterations, new operations hazard".construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICEperformed by or on behalf of such 1.The following replaces Paragraph b.of themortgagee, assignee, successor or definition of "occurrence" in thereceiver. DEFINITIONS Section:H. BLANKET ADDITIONAL INSURED – b.An act or omission committed inGOVERNMENTAL ENTITIES – PERMITS OR providing or failing to provide "incidentalAUTHORIZATIONSRELATING TO PREMISES medical services", first aid or "GoodThe following is added to SECTION II – WHO IS Samaritan services" to a person, unlessAN INSURED:you are in the business or occupation of providing professional health careAny governmental entity that has issued a permit services.or authorization with respect to premises owned or occupied by, or rented or loaned to, you and 2.The following replaces the last paragraph of that you are required by any ordinance, law,Paragraph 2.a.(1)of SECTION II – WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Unless you are in the business or occupationCoverage Part is an insured, but only with of providing professional health carerespect to liability for "bodily injury", "property services, Paragraphs (1)(a),(b),(c)and (d)damage" or "personal and advertising injury"above do not apply to "bodily injury" arisingarising out of the existence, ownership, use,out of providing or failing to provide: maintenance, repair, construction, erection or (a)"Incidental medical services" by any ofremoval of any of the following for which that your "employees" who is a nurse,governmental entity has issued such permit or nurse assistant, emergency medicalauthorization: advertising signs, awnings,technician, paramedic, athletic trainer,canopies, cellar entrances, coal holes,audiologist, dietician, nutritionist,driveways, manholes, marquees, hoist away Page 4 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes co py righted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY– RAILROADS 1.The following replaces Paragraph c.of the definition of "insured contract" in the DEFINITIONS Section: c.Any easement or license agreement; 2.Paragraph f.(1)of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 02-01-2022 THIS ENDORSEMENT CHA ASE READ IT CAREFULLYNGES THE POLICY. PLE TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S)GENERAL AGGREGATE LIMIT This endorsement i ies insurance pro ided under t folmod f v he lowing: COMMERC GENERAL L ITY VERA AIALIABIL CO GE P RT SCHEDULE T General Aggregate imit:otal L $ Designated Project(s): (I no entry appears above in ma ion required to comp th endorsement will be shown in the Declarationsf,fortleteis as applicable is endorsement.)to th A.The Total General Aggregate Li i stated in the der COVERA (SEC ON which can be amtGEC TI I),t- Schedule abo is the most we will pay for the tributed only to operat at a sing designatedveions le sum o l "project" n in the vf al:show Schedule abo e: 1.1.Medical E under COVERAGE C A separate Designated Project General Ag-xpenses (SECTI I);ON gregate Li it app designated "pro-m lies to each ject" and that l m is equal to the amount of,iit2.Damages under COVERAGE A (S ON I),ECTI the General Aggregate Li t shown in themiexcept da because of "bodi injur " ormagesly y Declarat ns.io"property damage inc in the "products-" luded comp d operat "; andlete ions hazard 2.Subject to the Tota General Aggregate Li itlm stated in the Schedule abo , the Designatedve3.Damages under COVERA B (SEC ONGE TI I)Project General Aggregate Li i is the mostmtregardless of mber o :the nu f we will pay for the su o al da underm f l mages a.Insureds;COVERA A, e da because ofGE xcept mages "bodily in " or "property da age" incjurym ludedb.Clai made or "suits" brought;ms in the "products-comp operat haz-leted ionsc.Persons or organizations making c ms orlai ard", and for medica e under COV-l xpensesbringing "sui "; orts ERAGE the nu fC regardless of mber o : d.Designated "projects" listed in the SCHED-a.Insureds;ULE above.b.Clai made or "suits" brought; ormsB.For al sums which the insured becomes legalllyc.Persons or organizations mak cla msing iobligated to pay as damages caused by "occur-or bringing "suits".rences" under COVERAGE A (SEC ON I) andTI , for al med e s caused by accidents un-l ical xpense CG D3 21 01 04 Copyright, Tra elers Inde ity mpany, 2004 Page 1 oThevmnCof2 ($&+352-(&7)25:+,&+<28+$9($*5((',1$:5,77(1&2175$&7:+,&+,6,1())(&7'85,1* 7+,632/,&<3(5,2'723529,'($6(3$5$7(*(1(5$/$**5(*$7(/,0,73529,'('7+$77+( &2175$&7,66,*1('$1'(;(&87('%<<28%()25(7+(%2',/<,1-85<253523(57<'$0$*( 2&&856  Albert A. Webb Associates Policy Term: 02/01/2022 to 02/01/2023 POLICY NUMBER: P-630-5456P929-TIL-22 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERC GENERAL L ITYIAL IABIL 3.Any payments for To Pre Rented To You and Medical Emade under COVERAGE A mises x- pense continue to apply.damages or under COVERA C for calGE medi expenses shall reduce both the Total General D. 2. SEC ION I LI T OFPart of T II MI S INSURANCEAggregate Lim t stated in the Schedulei is deleted and rep folaced by the llowing:abo and the Designated Projec Generalve, t 2.The General Aggregate Li i is the most wemtAggregate Li t for that designated "projec ".mi t will for o :pay the sum fSuch paymen shall not reduce the Ge eralts n a.Damages under Co andverage B;Aggregate Lim t shown in the Declarationsi nor shall they reduce any other Designated b.Damages f m "occurrences" underroProject General Aggregate Li t for any othermi COVERA A ( ION I) and for alGE SECT ldesignated "project" shown in the Schedule med e caused by accidentsical xpensesabove.under COVERAGE C ( ION I) whichSECT 4.The l m shown in the Declara for Each cannot be attr only to oper t ati its tions ibuted a ions Occurrence, Da Pre ises Rented To a single designated "project" shown in themage To m SCHEDULE abo e.vYou and Medical E continue to apply.xpense Howe instead o be subject to thever, f ing E.W co erage for liabli arising out o thehen v i ty fGeneral Aggregate Li i shown in the Declmt a-"products-comple operations hazard is pro-ted "rations, such li its wil be subject to both theml v ded, any pa ments for da because ofi y magesTotal Genera Aggregate Lm stated in theliit "bodily injury or "property damage" inc in" ludedSchedule abo and the appl le Desive, icab g-the "products-comp o erat hazard" willleted p ionsnated Projec General Aggregate Lm .tiitreduce the Products Comp Operat Ag--leted ions C.For al sums which the insured becomes legal gregate Lim , and not reduce the Total Generalllyit obligated to pay as damages caused by "occur- Aggregate Li t stated in v themi the Schedule abo e, rences" under COVERAGE A (SEC ON I) and General Aggrega Lm , or the Designated Pro-TI , te i it ject Aggregate LmGeneral i it.for al med e s caused by accidents un-l ical xpense der COVERA C ON I)GE C (SE TI , which cannot be F.For the purposes of th endorsement the De i-is finattr only to operations at a single desiibuted g-tions Section is amended by the addition o thefnated "project shown in the Schedule abo e:"vfo lowing def itl in ion: 1.Any payments formade under COVERAGE A "Projec " means an area away fro pre isestmmdamages or under COVERA C for calGE medi owned by or rented to you at which you are per-expenses shall reduce the amount a iva lable for ing oper t pursuant to a contract orm a ionsunder the Tota General Aggregate Lmliitagreement. For the purposes of deter ing theminstated in the Schedule ve and theabo General applicab aggregate li t o insurance, eachle mi fAggregate Li it or the Products-Co tedm , mple "project" that includes prem in l i theises vo v ngOperations Aggregate Li t, whiche er is ami v p-same or connecting lots, or prem whose con-isesplicab andle;nection is interrupted only by a street, roadway, 2.Such payments shall not reduce any Desi waterway or right of way of a railroad shall beg- - - nated Projec General Aggregate Lm . considered a single "projec ".tiit t As respects this Prov , the l m ts shown in The pro of LIM O INSURANCEision i i visions ITS FC. G. the Declarations for Each O Da (SECTI I not otherwise modi ied by this eccurrence, mage ON II) f n- dorsement shall to applycontinue as stipulated. Page 2 o Copyright, Tra elers Inde ity mpany, 2004f2 The v mn Co CG D3 21 01 04 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2.The following is added to Paragraph B.5.,Other Insurance of SECTION IV – BUSINESS AUTO1.The following is added to Paragraph A.1.c., Who CONDITIONS:Is An Insured, of SECTION Il – COVERED AUTOS LIABILITY COVERAGE:Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requiresthat person's or organization's liability for the this insurance to be primary and non-contributory.conduct of another "insured". CA T4 74 02 16 ú 2016 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: BA-3L23491A-22-43-G Policy Term: 02/01/2022 to 02/01/2023 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 Albert A. Webb Associates Policy Number: BA-3L23491A-22-43-G Policy Term: 02/01/2022 to 02/01/2023 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 003 POLICY NUMBER: UB-4J648178-2-43-G ST ASSIGN: Page 1 of 1 DATE OF ISSUE: 09-1-2 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT –CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be mium. 2.00 % of the California workers' compensation pre- Schedule Job Description Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. ARCHITECTURAL SERVICES This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Endorsement No. Premium Insurance Company Countersigned by 09/01/2021-09/01/2022 Albert A. Webb Associates UB-4J648178-21-43-G DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92 CITY OF LAKE ELSINORE TO BE POSTED IN A CONSPICUOUS PLACE Business Name: Business Location: Owner Name(s): BUSINESS LICENSE NO. Issue Date:Expiration Date: BUSINESS LICENSE THIS IS YOUR LICENSE • NOT TRANSFERABLE 3788 MCCRAY ST Business Type: RIVERSIDE, CA 92506 ALBERT A. WEBB ASSOCIATES 3788 MCCRAY ST RIVERSIDE, CA 92506 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 ALBERT A. WEBB ASSOCIATES SCOTT S WEBB CONSULTING SERVICES 013696 7/1/2022 6/30/2023 Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 2E8C250A-BF7D-4A62-9AAB-E0CEDCEBCC92