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HomeMy WebLinkAboutItem No. 18 - Amendment No. 2 to the Agreement for Professional Services with STC Traffic, Inc18)Amendment No. 2 to the Agreement for Professional Services with STC Traffic, Inc. for Traffic Signal Coordination Timing Plans for I-15/Main Street Interchange Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with STC Traffic, Inc. for $24,120 for additional required effort to develop and implement traffic signal coordination timing plans associated with the Main Street Interchange Project in such final form as approved by the City Attorney, plus an additional 10% contingency for unforeseen expenditures. 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:May 14, 2024 Subject:Amendment No. 2 to the Agreement for Professional Services with STC Traffic, Inc. for Traffic Signal Coordination Timing Plans for I-15/Main Street Interchange Recommendation Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with STC Traffic, Inc. for $24,120 for additional required effort to develop and implement traffic signal coordination timing plans associated with the Main Street Interchange Project in such final form as approved by the City Attorney, plus an additional 10% contingency for unforeseen expenditures. Background On March 28, 2023 Council approved a Contract with STC Traffic, Inc in order to develop and implement traffic signal coordination timing plans for the 3 new traffic signals to be installed as part of the ongoing I-15 / Main Street Interchange Project. STC Traffic, Inc. will coordinate the new timing with both the City and Caltrans to ensure optimal signal operations. The new traffic signals will be installed at 3 intersections (Southbound ramps, Northbound ramps, and Camino Del Norte) as part of the ongoing I-15 / Main Street Interchange Improvements Project. A traffic signal coordination timing plan is required by Caltrans to be developed due to the close proximity of the new traffic signals. On March 12, 2024, Council Approved Contract Amendment No. 1 in the amount of $27,000 to cover additional signal modeling and signal coordination analysis efforts. Caltrans has again requested additional Support from STC to finalize the coordination, program Controller Cards, and signal turn on Field Support, and programming that will result into an additional effort of $24,120. STC Traffic Amendment No. 2 Page 2 of 2 Discussion Caltrans has required more coordination Computer modeling of the signals than originally anticipated which escalated the originally anticipated cost of the contract. Caltrans has also requested additional programming, hardware, demonstrations for Caltrans staff and field support during signal turn on sequence that necessitates the additional effort in the amount of $24,120. Fiscal Impact The Professional Services Agreement amendment will result in a cost of $24,120.00 plus an additional 10% contingency. This work has been programmed in the City’s CIP budget. Attachments Attachment 1- Amendment No. 2 Exhibit A- Proposal Attachment 2 - Original Agreement Attachment 3 - Amendment No. 1 Attachment 4 - Location Map 3 7 3 9 2 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES STC Traffic, Inc. Traffic Signal Coordination Timing Plans for I-15/Main Street Interchange This Amendment No. 2 to Agreement for Professional Services is made and entered into as of 5/14/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and STC Traffic, Inc., a Corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 3/28/2023, (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 in an amount of $35,000. C. Amendment No. 1, approved March 12, 2024, increased the Consultant’s compensation in an amount of $27,000. D. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 2. 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 4/18/2024 Proposal (attached to this Amendment No. 2 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 3, Compensation, of the Original Agreement is hereby amended to add the follows: Notwithstanding the foregoing: (a) for purposes of Amendment No. 2, Consultant shall be entitled to compensation in an amount not to exceed Twenty-Four Thousand One Hundred Twenty dollars ($24,120) in accordance with the Consultant’s Proposal attached as Exhibit A-1 to Amendment No. 2 unless additional compensation is authorized in writing by the City; and (b) Consultant’s total compensation shall not exceed Eighty-Six Thousand One Hundred Twenty dollars ($86,120) unless additional compensation is authorized in writing by the City. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement and Amendment No. 1 shall remain in full force and effect. 3 7 3 9 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” STC Traffic, Inc. a Corporation City Manager Date: Jason Stack Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager Attachments: Exhibit A-1 – Consultant’s Proposal EXHIBIT A-1 CONSULTANT’S PROPOSAL [ATTACHED]   STC Traffic, Inc.  5973 Avenida Encinas, Suite 218, Carlsbad, CA 92008    www.stctraffic.com    April 18, 2024    Remon Habib  City Engineer  City of Lake Elsinore  130 S Main St  Lake Elsinore, CA 92530    RE: Main St Interchange Signal Timing and Coordination AWR #2  Dear Mr. Habib,     STC Traffic (STC) is submitting this additional work request (AWR) associated with the out‐of‐scope  services related to the Main St Interchange Project. STC is currently $7,320 over the total scope budget  due to the significant analysis and documentation required by Caltrans. STC is requesting an AWR for our  continued support to successfully deliver this project. See AWR estimated summary below:    Current amount over total budget:     $7,320   Coordination and support activities pre turn‐on (8 hours):  $1,680   Turn‐on and observations (Crew of 2 for 2 days = 32 hours):  $6,720   Anticipated timing adjustment support (City & Caltrans):   $8,400    STC Traffic’s fee estimate for the above effort including work performed is $24,120. Caltrans requirements  for continued support following implementation is not fully known as we progress with the work we will  continue to track the budget and inform the City when efforts are beyond what’s anticipated. By signing  below and returning a copy of this letter, you will have authorized STC this amendment. I appreciate the  opportunity to provide these important services.  If you have any questions regarding the scope of work  or fee, please contact me, (714) 315‐4640.      Sincerely,      Jason Stack, TE, PTOE  President  Accepted by:  Signature    Print Name   Date  Attachment 1 - Agreement with STC.pdf Page 1 AGREEMENT FOR PROFESSIONAL SERVICES STC Traffic, Inc. Traffic Signal Coordination Timing Plans for I-15 / Main Street Interchange This Agreement for Professional Services (the “Agreement”) is made and entered into as of March 28, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and STC Traffic, Inc., a Corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Traffic Signal Coordination Timing Plans for I15/Main Street Interchange B. Consultant has submitted to City a proposal, dated February 20, 2023, 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: 4B152B76-9596-4D3F-B291-C1159C635351 Page 2 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Thirty- Five Thousand dollars ($35,000) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 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: 4B152B76-9596-4D3F-B291-C1159C635351 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: 4B152B76-9596-4D3F-B291-C1159C635351 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: 4B152B76-9596-4D3F-B291-C1159C635351 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. a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 Page 6 by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute. c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. 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. DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 Page 7 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. 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. DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 Page 8 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. 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: STC Traffic, Inc. Attn: Jason Stack 5973 Avenida Encinas, Suite 218 Carlsbad, CA 92008 DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 Page 9 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. 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. DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 Page 10 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 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: 4B152B76-9596-4D3F-B291-C1159C635351 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” STC Traffic, Inc., a Corporation By: Jason Stack Its: President/CEO Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 4/6/2023 | 10:51 AM PDT 4/16/2023 | 1:23 PM PDT 4/17/2023 | 8:48 AM PDT 4/18/2023 | 5:49 PM PDT 4/19/2023 | 8:26 AM PDT EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351   STC Traffic, Inc.  5973 Avenida Encinas, Suite 218 Carlsbad, CA  92008  www.stctraffic.com  February 20, 2023    Brad Brophy, PE  Traffic Engineer  City of Lake Elsinore  130 S Main St  Lake Elsinore, CA 92530    RE: Main St Interchange Signal Timing and Coordination  Dear Mr. Brophy,    STC Traffic is pleased to provide the City of Lake Elsinore the following proposal to develop and implement  signal coordination timing plans associated with the Main Street Interchange Project. The project includes  installation of three new signalized intersections:      Main Street & I‐15 SB Ramps (Caltrans)   Main Street & I‐15 NB Ramps (Caltrans)   Main Street & Camino Del Norte (City)    The close proximity of the City (Main Street/ Camino Del Norte) and Caltrans (Main Street/ I‐15 NB Ramps)  requires special operational design development and coordination with Caltrans. The operation design  development will address system functionality between the two signals to address the unique conditions.  The two closely spaced intersections will drive coordination operation between all three signals. The  operations design is subject to Caltrans approval. The following reflects our understanding of services to  be performed and the estimated fee.    Review Plans and Develop Phase Based Interconnect: STC will review design plans and have a preliminary  meeting with Caltrans to discuss operations. STC anticipates development of a signal interconnect circuit  for phase‐based coordination between the two closely spaced intersections. The interconnect circuit will  include input and output diagrams between traffic signal cabinets and associated controller program  assignments. The circuit operation will be based on specific intersection conditions and analysis including  geometry, phasing, and time‐of‐day/ day‐of‐week traffic demand. The interconnect circuit concept will be  prepared by STC and submitted to Caltrans for review. A traffic signal operations technical report will be  prepared that includes the circuit design and concept for corridor operation with supporting analysis. The  technical report will support understanding of the recommended operation and expedite reviews and  approval.     Signal Timing and Coordination Plans: STC will prepare signal timing coordination plans and include in  the traffic signal operations report. The efforts include:   CA MUTCD compliant base timing parameters for the three traffic signal locations.   Synchro model development and analysis based on geometry, phasing, and volumes. The City will  provide traffic counts. The Synchro model will consist of four time of day plans (Weekday AM,  Midday, PM, and Weekend).    Analysis results will be reported for three alternative coordination plans for review and to validate  the optimal approach. Intersection approach delay, Level‐of‐Service, and queues will be reported.    Timing values for Caltrans signals will be transposed on Caltrans timing sheets.    STC will coordinate with Caltrans to bench test and demonstrate the signal timing and  coordination plans.   DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351   2      Implementation, Observation, and Fine Tuning: STC will implement new timing plans on‐site during the  signal turn‐on dates. STC will coordinate with Caltrans to implement City and Caltrans operation together.  STC will observe signal operations and recommend/ perform field adjustments for optimal operation.    STC will develop the operations design and process the documentation including analysis, concept, and  timing program with Caltrans. This scope and fee estimates the level of effort expected to perform this  work however the processing to achieve Caltrans approval may be more than expected.    STC Traffic will perform these services for a Not‐to‐Exceed fees of $35,000 including expenses. The  schedule will be coordinated with the City and driven by construction progress. By signing below and  retuning a copy of this letter, you will have authorized STC to proceed. I appreciate the opportunity to  provide these services to the City of Lake Elsinore. If you have any questions regarding the scope of work  or fee, please contact me, (714) 315‐4640.       Sincerely,      Jason Stack, TE, PTOE  President/ CEO    Accepted by:  Signature  Print Name   Date  DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 12/28/2022 Matsen Insurance Brokers, Inc. 3101 Concorde Drive, Suite C McKinleyville CA 95519 Jacqueline Byrne (707) 444-9292 (707) 444-9529 jackie@matsen.com STC Traffic, Inc. 5973 Avenida Encinas, Suite #218 Carlsbad CA 92008 CM Vantage Specialty The Hartford Endurance American Specialty Ins. Co. Hartford Fire Group 00914 Admiral Insurance Company CL22122810286 A Y Y CMV-PLI-0029523-02 01/01/2023 01/01/2024 1,000,000 300,000 Excluded 1,000,000 2,000,000 2,000,000 B 57UECBD3533 01/01/2023 01/01/2024 1,000,000 Uninsured motorist combined single limit 1,000,000 C ELD30003063502 01/01/2023 01/01/2024 6,000,000 6,000,000 D Y 57WECGI9278 01/01/2023 01/01/2024 1,000,000 1,000,000 1,000,000 E Professional Liability EO000056405-02 01/01/2023 01/01/2024 Each Claim $3,000,000 Each Aggregate $3,000,000 The City, its elected or appointed officers, officials, employees, agents and volunteers are to be listed as an additional insured per the attached form CG 20 10 04 13. Waiver of subrogation applies to the General Liability policy per the attached form CG 24 04 05 09. 30 days notice of cancellation. City of Lake Elsinore 130 S. Main Street Lake Elsinore CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 POLICY NUMBER: CMV-PLI-0029523-02 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization whom you are required to add as an additional insured to this policy under a written contract executed prior to the occurrence which results in bodily injury or property damage under Coverage A, or the offense which results in personal and advertising injury under Coverage B. All locations where your ongoing operations are performed for any additional insured as specified in a written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 CMV-PLI-0029523-02 City of Lake Elsinore DocuSign Envelope ID: 4B152B76-9596-4D3F-B291-C1159C635351 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 5865 AVENIDA ENCINAS STE 142B Business Type: CARLSBAD, CA 92008-4467 STC TRAFFIC, INC. 5973 AVENIDA ENCINAS STE 218 CARLSBAD, CA 92008-4478 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 STC TRAFFIC, INC. STC TRAFFIC, INC. PROFESSIONAL/ENGINEERS TRAFFIC ENGINEERING FIRM 024243 9/1/2022 8/31/2023 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: 4B152B76-9596-4D3F-B291-C1159C635351 3 7 1 5 8 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES STC Traffic, Inc. Traffic Signal Coordination Timing Plans for I-15/Main Street Interchange This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 3/12/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and STC Traffic, Inc., a Corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 3/28/2023, (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 in an amount of Thirty-Five Thousand dollars ($35,000.00). C. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 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 2/21/2024 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 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant’s Proposal (referenced collectively as Exhibit A-1 to Amendment No. 1), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed sixty-two thousand dollars ($62,000) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-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. DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 3 7 1 5 8 3. 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” STC Traffic, Inc. a Corporation City Manager Date: Click or tap here to enter text. Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager Attachments: Exhibit A-1 – Consultant’s Proposal DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 3/18/2024 | 5:11 PM PDT 4/2/2024 | 9:32 AM PDT President/ CEO 4/3/2024 | 12:26 PM PDT 4/3/2024 | 12:29 PM PDT 4/3/2024 | 3:14 PM PDT EXHIBIT A-1 CONSULTANT’S PROPOSAL [ATTACHED] DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 STC Traffic, Inc. 5973 Avenida Encinas, Suite 218, Carlsbad, CA 92008 www.stctraffic.com February 21, 2024 Remon Habib City Engineer City of Lake Elsinore 130 S Main St Lake Elsinore, CA 92530 RE: Main St Interchange Signal Timing and Coordination AWR Dear Mr. Habib, STC Traffic (STC) is submitting this additional work request (AWR) associated with the out-of-scope items related to our services on the Main St Interchange project. STC developed synchro modeling and a technical memo to detail changes required with original design phasing to operate the new intersections. Additional services were requested and required following meetings with Caltrans on 8/28/2023, 11/13/2023, and 2/8/2024. Summary of additional efforts include: • Additional Caltrans coordination. • Synchro modeling for original design plan and five analysis scenarios including (clustered, non- clustered, split phasing, Camino Del Norte northbound left turn lane, etc.). • Reporting the LOS results and per additional Caltrans requirements for LOS and queue thresholds of operation. • Phasing changes per Caltrans direction. • Controller software changed to Q-Free. STC to develop timing sheets for Caltrans. • Operational demonstration and training at Caltrans facility (forthcoming). Increased effort due to controller software change. • Timing adjustments for Caltrans intersections (forthcoming). Fee Breakdown: Item Scope of Work Sub Total 1 Additional Caltrans Coordination $2,000 2 Additional Synchro Modeling / Analysis and Reporting $13,500 4 Controller Software Change / Develop Caltrans Timing Sheets $3,000 5 Operational Demonstration and Training $5,000 6 Timing adjustments (Caltrans Intersections) $3,500 Total $27,000 STC Traffic’s fee estimate for the above effort including work performed is $27,000. Caltrans requirements for demonstration, training, and alternative analysis is not fully known as we progress with the work we will continue to track the budget and inform the city when efforts are beyond what’s anticipated. By signing below and returning a copy of this letter, you will have authorized STC t his amendment. I appreciate the opportunity to provide these important services. If you have any questions regarding the scope of work or fee, please contact me, (714) 315-4640. DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 2 Sincerely, Jason Stack, TE, PTOE President Accepted by: Signature Print Name Date DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 01/04/2024 Matsen Insurance Brokers, Inc. 3101 Concorde Drive, Suite C McKinleyville CA 95519 Jacqueline Byrne (707) 444-9292 (707) 444-9529 jackie@matsen.com STC Traffic, Inc. 5973 Avenida Encinas, Suite #218 Carlsbad CA 92008 CM Vantage Specialty 15872 Hartford Accident and Indemnity Company 22357 Endurance American Specialty Ins. Co.41718 Hartford Fire Group 00914 Admiral Insurance Company 24856 CL241412590 A Y Y CMV-PLI-0029523-03 01/01/2024 01/01/2025 1,000,000 300,000 Excluded 1,000,000 2,000,000 2,000,000 B 57UECBD3533 01/01/2024 01/01/2025 1,000,000 Underinsured motorist combined single limit 1,000,000 C ELD30003063503 01/01/2024 01/01/2025 6,000,000 6,000,000 D Y 57WECGI9278 01/01/2024 01/01/2025 1,000,000 1,000,000 1,000,000 E Professional Liability EO000056405-03 01/01/2024 01/01/2025 Each Claim $3,000,000 Each Aggregate $3,000,000 The City, its elected or appointed officers, officials, employees, agents and volunteers are to be listed as an additional insured per the attached form CG 20 10 04 13. Waiver of subrogation applies to the General Liability policy per the attached form CG 24 04 05 09. 30 days notice of cancellation. City of Lake Elsinore 130 S. Main Street Lake Elsinore CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 POLICY NUMBER: CMV-PLI-0029523-03 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization whom you are required to add as an additional insured to this policy under a written contract executed prior to the occurrence which results in bodily injury or property damage under Coverage A, or the offense which results in personal and advertising injury under Coverage B. All locations where your ongoing operations are performed for any additional insured as specified in a written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 1 of 5 COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 2 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury"or "property damage" occurs: (1)During the policy period,and (2)Subsequent to the execution of such written contract,and (3)Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2)How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy,the most we will pay on behalf of such additional insured is the lesser of: (a)The limits of insurance specified in the written contract or written agreement;or (b)The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3)Additional Insureds Other Insurance If we cover a claim or "suit"under this Coverage Part that may also be covered by other insurance available to an additional insured,such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However,this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4)Duties in The Event Of Accident,Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy,the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2.-DUTIES IN THE EVENT OF ACCIDENT,CLAIM ,SUIT OR LOSS –OF SECTION IV – BUSINESS AUTO CONDITIONS,in the same manner as the Named Insured. E.Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D.-Additional Insured If Required by Contract,the following provisions apply: (3)Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary.If other insurance is also primary,we will share with all that other insurance by the method described in Other Insurance 5.d. (4)Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3)and (4)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess,we will have no duty to defend the insured against any "suit"if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends,we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,by the method described in Other Insurance 5.d. 2.AUTOS RENTED BY EMPLOYEES Any "auto"hired or rented by your "employee" on your behalf and at your direction will be considered an "auto"you hire. The OTHER INSURANCE Condition is amended by adding the following: DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 3 of 5 If an "employee’s"personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee"on your behalf and at your direction,this insurance will be primary to the "employee’s"personal insurance. 3.AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5.-FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply if you have workers'compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4.HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos"are covered "autos"for Liability Coverage and if Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form for any "auto"you own,then the Physical Damage Coverages provided are extended to "autos"you hire or borrow,subject to the following limit. The most we will pay for "loss"to any hired "auto"is: (1)$100,000; (2)The actual cash value of the damaged or stolen property at the time of the "loss";or (3)The cost of repairing or replacing the damaged or stolen property, whichever is smallest,minus a deductible.The deductible will be equal to the largest deductible applicable to any owned "auto"for that coverage.No deductible applies to "loss"caused by fire or lightning.Hired Auto Physical Damage coverage is excess over any other collectible insurance.Subject to the above limit,deductible and excess provisions,we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. We will also cover 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,subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto"you hire or borrow from any of your "employees",partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5.PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6.LOAN/LEASE GAP COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,in the event of a total "loss"to a covered "auto",we will pay your additional legal obligation for any difference between the actual cash value of the "auto"at the time of the "loss " and the "outstanding balance"of the loan/lease. "Outstanding balance"means the amount you owe on the loan/lease at the time of "loss"less any amounts representing taxes;overdue payments;penalties,interest or charges resulting from overdue payments;additional mileage charges;excess wear and tear charges; lease termination fees;security deposits not returned by the lessor;costs for extended warranties,credit life Insurance,health,accident or disability insurance purchased with the loan or lease;and carry-over balances from previous loans or leases. 7.AIRBAG COVERAGE Under Paragraph B.EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE,the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8.ELECTRONIC EQUIPMENT -BROADENED COVERAGE a.The exceptions to Paragraphs B.4 - EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c.and 4.d.do not apply to equipment designed to be operated solely by use of the power from the "auto's " electrical system that,at the time of "loss", is: (1)Permanently installed in or upon the covered "auto"; (2)Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3)An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above;or DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 4 of 5 (4)Necessary for the normal operation of the covered "auto"or the monitoring of the covered "auto's"operating system. b.Section III –Version CA 00 01 03 10 of the Business Auto Coverage Form,Physical Damage Coverage,Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form,Physical Damage Coverage,Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss"in any one "accident"to all electronic equipment (other than equipment designed solely for the reproduction of sound,and accessories used with such equipment) that reproduces,receives or transmits audio,visual or data signals which,at the time of "loss",is: (1)Permanently installed in or upon the covered "auto"in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2)Removable from a permanently installed housing unit as described in Paragraph 2.a.above or is an integral part of that equipment;or (3)An integral part of such equipment. c.For each covered "auto",should loss be limited to electronic equipment only,our obligation to pay for,repair,return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations,or $250,whichever deductible is less. 9.EXTRA EXPENSE -BROADENED COVERAGE Under Paragraph A.-COVERAGE -of SECTION III -PHYSICAL DAMAGE COVERAGE,we will pay for the expense of returning a stolen covered "auto"to you. 10.GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D.-DEDUCTIBLE -of SECTION III -PHYSICAL DAMAGE COVERAGE,the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11.TWO OR MORE DEDUCTIBLES Under Paragraph D.-DEDUCTIBLE -of SECTION III -PHYSICAL DAMAGE COVERAGE,the following is added: If another Hartford Financial Services Group, Inc.company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident",the following applies: (1)If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible,it will be waived; (2)If the deductible under this Business Auto Coverage Form is not the smaller (or smallest)deductible,it will be reduced by the amount of the smaller (or smallest) deductible. 12.AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a.- DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS -of SECTION IV -BUSINESS AUTO CONDITIONS that you must notify us of an "accident"applies only when the "accident"is known to: (1)You,if you are an individual; (2)A partner,if you are a partnership; (3)A member,if you are a limited liability company;or (4)An executive officer or insurance manager,if you are a corporation. 13.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. 14.HIRED AUTO -COVERAGE TERRITORY Paragraph e.of GENERAL CONDITIONS 7.- POLICY PERIOD,COVERAGE TERRITORY - of SECTION IV -BUSINESS AUTO CONDITIONS is replaced by the following: e.For short-term hired "autos",the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's"responsibility to pay damages for "bodily injury"or "property damage"is determined in a "suit,"the "suit"is brought in the United States of America,the territories and possessions of the United States of America,Puerto Rico or Canada or in a settlement we agree to. 15.WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 5 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c.Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 &093/, City of Lake Elsinore DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 DocuSign Envelope ID: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 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 5865 AVENIDA ENCINAS STE 142B Business Type: CARLSBAD, CA 92008-4467 STC TRAFFIC, INC. 5973 AVENIDA ENCINAS STE 218 CARLSBAD, CA 92008-4478 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 STC TRAFFIC, INC. STC TRAFFIC, INC. PROFESSIONAL/ENGINEERS TRAFFIC ENGINEERING FIRM 024243 9/1/2023 8/31/2024 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: FCF7B06A-EBAE-489B-AE02-29BB2EC5DA75 Exhibit C – Location Map Locations of New Traffic Signals 1 – Main Street / I-15 SB Ramps 2 – Main Street / I-15 NB Ramps 3 – Main Street / Camino Del Norte