Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943
AGREEMENT FOR PROFESSIONAL SERVICES
Design Professional
Engineering Resources of Southern California Inc.
This Agreement for Professional Services (the "Agreement") is made and entered into as of July 9, 2024, by and between the City of Lake Elsinore, a municipal corporation ("City") and Engineering Resources of Southern California Inc, a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Civil Engineering Design Documentation (City Library)
Consultant has submitted to City a proposal, dated June 19, 2024, attached hereto as Attachment 2 ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
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.
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
Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Attachment 2). 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.
Time of Performance.
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 (Attachment 2). 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 (Attachment 2). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 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 (Attachment 2).
Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Attachment 2), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed one hundred twenty seven thousand three hundred eighty five dollars ($127,385.00) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Attachment 2 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.
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.
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: 276105EA-DDB1-4E97-9667-15B590F25943
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.
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.
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: 276105EA-DDB1-4E97-9667-15B590F25943 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.
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: 276105EA-DDB1-4E97-9667-15B590F25943 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:
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 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.
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.
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: 276105EA-DDB1-4E97-9667-15B590F25943 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.
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.
General Indemnification Provisions. Consultant agrees to obtain executed consulan on any oilet prement in til evered by for vin to an e 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.
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: 276105EA-DDB1-4E97-9667-15B590F25943 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.
ili. 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.
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.
Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VIl and shall be endorsed with the following specific language:
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: 276105EA-DDB1-4E97-9667-15B590F25943 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. ili. 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.
The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
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.
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.
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.
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: Engineering Resources of Southern California Inc Attn: Matt Burdin
1861 W. Redlands Blvd
Redlands, CA 92373
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 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.
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: 276105EA-DDB1-4E97-9667-15B590F25943
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.
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 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: 276105EA-DDB1-4E97-9667-15B590F25943 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
"CITY" "CONSULTANT"
CITY OF LAKE ELSINORE, a municipal Engineering Resources of Southern corporation California Inc. a corporation
- DocuSigned by: - DocuSigned by:
Jason Simpson Matt Brudin
156615635655412 -011908022819483...
Jason Simpson, City Manager By:
Matt Brudin, P.E.
Its: Principal
ATTEST:
- DocuSigned by:
204181407486400.
City Clerk
APPROVED AS TO FORM:
- DocuSigned by:
Barbara kibold
9090AP48C..
City Attorney
- DocuSigned by:
Shannon Buckley
Assistant City Manager
Attachment 1 - ERSC Proposal
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 ATTACHMENT 1
CONSULTANT'S PROPOSAL
[ATTACHED]
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 ERSC REDLANDS | TEMECULA | PALM DESERT
Engineering Resources of Southern California
16007012P
June 19, 2024
Mr. Gus Papagolos, Project Manager
City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA 92530
CITY OF LAKE ELSINORE - NEW LIBRARY
Dear Gus:
Engineering Resources of Southern California, Inc. (ERSC), is pleased to provide this proposal for conceptual design and preparation of contract and supporting documents for a new public library. ERSC understands that the City of Lake Elsinore intends to construct a new public library and parking coupled with botanical garden at the intersection of Main Street and Sumner Avenue. The library and botanical garden will be located south of Sumner Avenue between Main Street and Spring Street and the parking facilities will be located on the southwest corner of Spring Street and Sumner Avenue.
Existing surface features observed are limited and include paved streets on Spring Street, Sumner Avenue and Main Street. These public improvements include curb, gutter and sidewalk on the west side of Main Street, the south side of Sumner Avenue and the east and west sides of Spring Street.
Otherwise, the location is dominated by native grasses and vacant ground. The specific location of the proposed facilities and improvements are described below. • The library is located on the southwest corner of Main Street and Sumner Avenue. • The Botanical Garden is located on the southeast corner of Spring Street and Sumner Avenue. • The parking facilities are located on the southwest corner of Spring Street and Sumner Avenue.
In general, ERSC's Scope of Work will include preparation of conceptual designs and construction documents (plans and specifications), utility plans, erosion control plan, engineer's cost estimate, hydrology report, stormwater pollution prevention plan, and a water quality management plan (WQMP, per Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033). Unless otherwise indicated by the City, we have assumed the City will provide topography for areas included in the project.
Based on public documents and a site visit, ERSC believes the project is constructable as envisioned by the City. However, there are certain issues that will affect how ERSC approaches the conceptual (30%) and final design of the proposed facility. These include grading, layout of parking facilities and water quality documentation. There issues are discussed in detail below.
GRADING - The site is characterized by generally flat terrain except along the easterly edge of the evacuation channel. Based on our conversation, it is our understanding that the City intends to raise the 1861 W. Redlands Blvd., Redlands, CA 92373 Page | 1
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 ERSC Engineering Resources of Southern California
Engineering Resources of Southern California
library site and the location of the botanical garden should be graded to sheet flow to the west. Further, the parking facilities located west of Spring Street will be graded to flow southerly so drainage can enter the evacuation channel via existing surface facilities. Raising the site will require import. Import for this project will be provided from the City Hall project and potentially the parking project at City Park.
PARKING FACILITIES - The project is subject to the parking requirement outlined in the City of Lake Elsinore Municipal Code Section 17.148. There is no specific requirement identified for libraries.
Therefore, the required number of parking stalls is unknown at this time. Parking ratios or area requirements will be investigated during the 30% Design Phase.
WATER QUALITY DOCUMENTS - The project is subject to the requirements of various water quality permits issued by the Santa Ana Regional Water Quality Control Board for construction activities and post-construction site management. These requirements include preparation of a Stormwater Pollution Prevention Plan (SWPPP) for construction activities and a Project Specific Water Quality Management Plan for post construction site management.
The required WQMP must meet the treat and release standards included in the Guidance Document due to the project location in the watershed tributary to Lake Elsinore which limits treatment options to bio-retention. As discussed, the site will likely require two separate bio-retention facilities. One located on the east side of Spring Street to serve the library and botanical garden, and another located between Springs Street and the evacuation channel to serve the parking area. In addition, there is also the potential for one, or both, of these facilities to require a small pump station. The need for pumping facilities will not be known until we get into the final design.
SCOPE OF WORK
ERSC expects the following to be necessary to achieve the desired result:
Existing Utilities and Boundary Research
• Acquire available public land records.
• Acquire available utility records.
Commission preparation of a Preliminary Title Report.
Base Sheet
Review survey data prepared by DJI.
• Develop project base sheet.
• Existing Utilities
• Other Existing Improvements
30% Design Submittal Deliverables:
• Conceptual Grading Plans
• Layout site geometrics.
• Layout drainage concept.
• Layout BMP location.
• Layout ingress/egress.
• Staff and Accessible Parking
• Begin layout of other site features.
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Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 ERSC Engineering Resources of Southern California
Engineering Resources of Southern California
• Conceptual parking lot layout.
Layout parking stalls.
Layout site geometrics.
Layout drainage concept.
• Layout BMP location.
• Layout landscaped areas concept.
• Layout ingress/egress.
• Begin layout of other site features.
• Demolition Plan.
• Utility coordination.
60% Design Submittal Deliverables:
60% drawings (plans and specifications).
Advance plans preliminary level detail.
Preliminary grading design.
Retaining wall design.
Incorporate any comments.
• Utility Plan
Potholing
• Coordination with Elsinore Valley Water District.
• Fire Protection Plan.
• Fire Flow Test
• Erosion Control Plan.
• Preliminary Hydrology Report.
• Preliminary WQMP.
Pump station design.
• Preliminary Storm Water Pollution Prevention Plan
• Preliminary Engineer's Estimate
90% Design Deliverables:
• 90% drawings (plans and specifications).
Incorporate any modifications/comments.
• Engineer's Estimate.
Incorporate any modifications/comments.
• Hydrology Report.
Incorporate any modifications/comments.
• Storm Water Pollution Prevention Plan
Incorporate any modifications/comments.
WQMP.
Incorporate any modifications/comments.
100% Submittal Deliverables:
100% Drawings: Plans, Specifications and Estimates.
Incorporate any comments.
Final Hydrology Report
Incorporate any comments.
Final WQMP
Incorporate any comments.
Page | 3
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 ERSC Engineering Resources of Southern California
Engineering Resources of Southern California
Project Management and Meetings
Coordinate design with City and outside agencies.
Attend meetings as required.
Prepare meeting agenda and minutes.
Establish and manage project control.
SCHEDULE
ERSC will provide a Project Schedule upon receipt of a notice-to-proceed.
FEE ESTIMATE
The fees and charges associated with the completion of the proposed, Scope of Services are as follows:
Existing Utilities. .. $ 2,500
Base Sheet... 3,760
30% Submittal (Conceptual) ... . $ 25,110
60% Submittal.. $ 32,840
90% Submittal $ 28,350
100% Submittal.. $ 7,350
Project Management and Meetings. $ 4,850
Reimbursable Expenses .. $ 12.625
Total $ 127,385
Please note, reimbursable expenses include fees for the following items:
Potholes (Limited to 5): $10,000
Preliminary Title Reports (2 parcels): $,1500
Fire Flow Test (EVMWD): $125
Misc Expenses: $1,000
Exclusions to this proposal include environmental documents, special studies, geotechnical engineering, traffic engineering, street plans, supplemental cross sections, traffic control plans, horizontal control plans, site and street light plans, water and sewer plans (except services and laterals), landscape architecture, architecture, coordination of dry utilities, coordination with regulatory agencies (i.e.
CDFW, USACOE), regulatory permits, agency submittal fees, r/w dedication documents, permits and permit fees and post design services
If you have any questions regarding this proposal, please give me a call at (909) 890-1255, x103 or email me at [email protected].
Respectfully yours,
Matt Brudin
Electronically signed 06.19.2024.
Matt Brudin, P.E.
Principal
Page | 4
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 Engineering Resources of Southern California
ERSC
Engineering Resources of Southern California
MB/mb
Page | 5
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/10/2024
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER NAME: NAME Certificate Department
› avigna( PHONE
(AC, No, Ext): 619-744-0574 [AC, No): 619-234-8601
51 A Street. Suite 1800
E-MAIL
San Diego CA 92101 ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
INSURER A : Travelers Property Casualty Company of America 25674 INSURED ENGIRES-01 32603
INSURER B: Berkley Insurance Company
Engineering Resources of Southern Calitornia, Inc. 29424 1861 W. Redlands Blvd, Bldg 7B INSURER C: Hartford Casualty Insurance Co Redlands CA 92373 INSURER D:
INSURER E :
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1615964750 REVISION NUMBER:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADDL SUBR LIMITS
LTR TYPE OF INSURANCE INSD WVD. POLICY NUMBER
COMMERCIAL GENERAL LIABILITY Y Y 6802H222963 9/1/2023 9/1/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $1,000,000
CLAIMS-MADEX ] OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE | $ 2,000,000 POLICY X PROT X LOC DROUTS- COMPOP A $2.000.000
OTHER:
A AUTOMOBILE LIABILITY Y BA2S03978A 9/1/2023 9/1/2024 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person
OWNED SCHEDULED BODILY INJURY (Per accident) S
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident) es es
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTIONS
C WORKERS COMPENSATION Y 72WEGGG6371 9/1/2023 9/1/2024 STATUTE T
AND EMPLOYERS LIABILITY Y/ N
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N/ A
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
yes, describe unc
ESCRIPTION OF OPERATIONS bel E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liability AEC907006904 9/1/2023 9/1/2024 Ea Claim & Aggreg $2,000,000
CERTIFICATE HOLDER CANCELLATION
City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS.
Gus Papagolos
130 South Main Street AUTHORIZED REPRESENTATIVE
Lake Elsinore CA 92530
Kelitters
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 Policy #BA2S03978A
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE - INCREASED LIMIT
B. BLANKET ADDITIONAL INSURED
I. PHYSICAL DAMAGE - TRANSPORTATION
C. EMPLOYEE HIRED AUTO EXPENSES - INCREASED LIMIT
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS - INCREASED K. AIRBAGS
LIMITS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
F. HIRED AUTO - LIMITED WORLDWIDE COV- LOSS
ERAGE - INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE - GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS
PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II - COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II.
Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II - COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE:
Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi-
B. BLANKET ADDITIONAL INSURED ness.
The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II - COVERED Other Insurance, of SECTION IV - BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS:
Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own:
executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 Policy #BA2S03978A
COMMERCIAL AUTO
permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of America, the territories and possessions
However, any "auto" that is leased, hired, of the United States of America, Puerto Rico and Canada:
rented or borrowed with a driver is not a
covered "auto". (i) You must arrange to defend the "in- sured" against, and investigate or set-
D. EMPLOYEES AS INSURED
tle any such claim or "suit" and keep
The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II - COVERED AUTOS tions.
LIABILITY COVERAGE:
(ii) Neither you nor any other involver
Any "employee" of yours is an "insured" while us- "insured" will make any settlemen ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs.
(iii) We may, at our discretion, participate
E. SUPPLEMENTARY PAYMENTS - INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or
1. The following replaces Paragraph A.2.a.(2), "suit".
of SECTION II - COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must
(2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para-
2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II - COVERED AUTOS LIABIL- SECTION II - COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE.
(4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such
F. HIRED AUTO - LIMITED WORLDWIDE COV- "suit", but only up to and included
ERAGE - INDEMNITY BASIS
within the limit described in Para-
graph C., Limits Of Insurance, of
TON IN - BUSINESS AUTO COND SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and not in
TIONS: addition to such limit. Our duty to
(5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada.
members of their households.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 Policy #BA2S03978A
COMMERCIAL AUTO
(2) In or on your covered "auto".
is coverage applies only in the event of a tot
eft of your covered "autc
compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage.
K. AIRBAGS
same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in sions, of SECTION III - PHYSICAL DAMAGE surance requirements.
(d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one o ted or authorized insurer outside the nore airbags in a covered "auto" you own that in United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only:
furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE - GLASS ranty; and
The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III - PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss".
No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS
replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF SECTION IV - BUSINESS AUTO CONDITIONS:
USE - INCREASED LIMIT
Your duty to give us or our authorized representa-
The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III - PHYSICAL DAMAGE COVERAGE: to:
However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- PHYSICAL DAMAGE - TRANSPORTATION pany);
EXPENSES - INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III - PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or "loss"
We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in-
The following replaces Paragraph A.5., Transfer
curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV - BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS:
The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III - PHYSICAL Others To Us
DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract
We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 Policy #BA2S03978A
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Con-
cealment, Misrepresentation, Or Fraud cancellation or non-renewal.
SECTION IV - BUSINESS AUTO CONDITIONS:
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 POLICY NUMBER: 680-2H222963 ISSUE DATE:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION - NOTICE OF
CANCELLATION OR NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice: 30
WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 30
PERSON OR
ORGANIZATION:
ANY PERSON OR ORGANIZATION TO WHOM YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY
WILL BE GIVEN, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO
PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED
INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN
ADDRESS:
THE ADDRESS FOR THAT PERSON OR ORGANIZ-
ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.
PROVISIONS B. If we do not renew this policy for any legally permitted reason other than nonpayment of
A. If we cancel this policy for any legally permitted
reason other than nonpayment of premium, and a premium, and a number of days is shown for number of days is shown for Cancellation in the When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice Schedule above, we will mail notice of cancellation to the person or organization shown nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the in such Schedule. We will mail such notice to the address shown in the Schedule above at least the address shown in the Schedule above at least the number of days shown for Cancellation in such number of days shown for When We Do Not Renew (Nonrenewal) in such Schedule before the
Schedule before the effective date of cancellation.
effective date of nonrenewal.
IL T4 00 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 POLICY NUMBER: BA-2S03978A ISSUE DATE:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION - NOTICE OF
CANCELLATION OR NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
30 CANCELLATION: Number of Days Notice:
WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 30
PERSON OR
ORGANIZATION:
ANY PERSON OR ORGANIZATION TO WHOM YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY
WILL BE GIVEN, BUT ONLY IF:
YOU SEND US A WRITTEN REQUEST TO
PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED
INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN
IN THIS SCHEDULE.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR ORGANIZ-
ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.
PROVISIONS B. If we do not renew this policy for any legally A. If we cancel this policy for any legally permitted permitted reason other than nonpayment of reason other than nonpayment of premium, and a premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the
number of days is shown for Cancellation in the
Schedule above, we will mail notice of Schedule above, we will mail notice of cancellation to the person or organization shown nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the in such Schedule. We will mail such notice to the address shown in the Schedule above at least the address shown in the Schedule above at least the number of days shown for Cancellation in such number of days shown for When We Do Not Schedule before the effective date of cancellation. Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal.
IL T4 00 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
Policy Number: 72 WEG GG6371 Endorsement Number:
amed insured and Address: ENGINEERING RESOURCES OF SOUTHERN CALIFORN The pi. Effective Date: 09/01/23 1861 W REDLANDS BLVD BLDG 7B
REDLANDS CA 92373
This policy is subject to the following additional If notice is mailed, proof of mailing to the last known mailing address of the certificate holders) on file with A. If this policy is cancelled by the Company, other than the agent of record or the Company will be sufficient for non-payment of premium, notice of such proof of notice. cancellation will be provided at least thirty (30) days Any notification rights provided by this endorsement in advance of the cancellation effective date to the apply only to active certificate holder(s) who were issued certificate holder(s) with mailing addresses on file a certificate of insurance applicable to this policy's term. with the agent of record or the Company. Failure to provide such notice to the certificate holders) B. If this policy is cancelled by the Company for will not amend or extend the date the cancellation non-payment of premium, or by the insured, notice becomes effective, nor will it negate cancellation of the of such cancellation will be provided within ten (10) policy. Failure to send notice shall impose no liability of days of the cancellation effective date to the any kind upon the Company or its agents or certificate holder(s) with mailing addresses on file representatives. with the agent of record or the Company.
Form WC 99 03 94 Printed in U.S.A.
Process Date: 07/24/23 Policy Expiration Date: 09/01/24 © 2011, The Hartford
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 POLICY NUMBER: 680 - 2H222963 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Names of Additional Insured Person(s) or Organization(s):
Location of Covered Operations:
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
(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 in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or 'property damage" occurring, or "personal injury" organizations) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work,
1. Your acts or omissions; or on the project (other than service, mainte-
2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com-
in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig-
2. That portion of "your work" out of which the
nated above.
injury or damage arises has been put to its in-
B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu-
other than another contractor or subcontrac
sions apply: tor engaged in performing operations for a principal as a part of the same project.
CG D3 61 03 05
Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved.
CG T8 01 09 23ncludes copyrighted material of Insurance Services Office, Inc. with its permission.
DATE OF ISSUE: 07/18/2023 Page 1 of 1
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 POLICY NUMBER: 680 - 2H222963 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Location And Description Of Completed Operations
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam. tions hazard". age" caused, in whole or in part, by "your work" at the CG 20 37 07 04
CG T8 02 09 23 © ISO Properties, Inc., 2004
DATE OF ISSUE: 07/18/2023 Page 1 of 1
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 Policy Number: 6802H222963
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
Then this moi. sach man upon in issuing this policy will not prejudice your rights under this insurance. However, this provision
share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations.
Required By Written Contract 7. Separation Of Insureds
If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies:
contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured,
and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or "suit" is brought.
(1) The "bodily injury" or "property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us
(2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them.
5. Premium Audit 9. When We Do Not Renew
a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V - DEFINITIONS for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period than the earned segments about your goods, products or services for the purpose of attracting customers or
premium, we will return the excess to the first
supporters. For the purposes of this definition:
Named Insured.
a. Notices that are published include material
c. The first Named Insured must keep records of
placed on the Internet or on similar electronic
the information we need for premium
means of communication; and
computation, and send us copies at such times
as we may request. b. Regarding websites, only that part of a website that is about your goods, products or services
6. Representations for the purposes of attracting customers or By accepting this policy, you agree: supporters is considered an advertisement.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943 roncy Number: 6802H222963
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your "employees" or "volunteer subject to Paragraph 2.a.(1) of Section I| - workers", other than an employed or Who Is An Insured.
volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS - INCREASED LIMIT or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan The following replaces Paragraph 7. of services" during their work hours for you SECTION III - LIMITS OF INSURANCE:
will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical 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
3. The following replaces the last sentence of one person, and will be the higher of:
Paragraph 5. of SECTION III - LIMITS OF a $10,000; or
INSURANCE:
For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit.
failing to provide "incidental medical
L. AMENDMENT OF EXCESS INSURANCE
services", first aid or "Good Samaritan CONDITION - PROFESSIONAL LIABILITY services" to any one person will be deemed
to be one "occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV -
4. The following exclusion is added to GENERAL
COMMERCIAL LIABILITY
Paragraph 2., Exclusions, of SECTION I- CONDITIONS:
COVERAGES - COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent or on any other basis, that is Professional
Sale 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
pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION - knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT
The following is added to the DEFINITIONS
Section: The following is added to Paragraph 8., Transfer 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 or advice or instruction, or the related
agreement to waive that insured's right of
furnishing 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 person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:
6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV - occurs; or
COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.
CG D3 79 02 19 © 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: 276105EA-DDB1-4E97-9667-15B590F25943 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 72 WEG GG6371 Endorsement Number:
Effective Date: 09/01/23
Named inSured and Address: ENGINEERING RESOURCES OF SOUTHERN CALIFORNiA f the policy. 1861 W REDLANDS BLVD BLDG 7B
REDLANDS CA 92373
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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from Keynoters
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 07/24/23 Policy Expiration Date: 09/01/24 Docusign Envelope ID: 276105EA-DDB1-4E97-9667-15B590F25943
BUSINESS LICENSE CITY OF LAKE ELSINORE
ADMINISTRATIVE SERVICES-LICENSING
130 South Main Street Lake Elsinore, CA 92530
government, or any other governmental agency. 951.674.3124
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name: ENGINEERING RESOURCES OF SOUTHERN CALIFOF Business Location: 1861 W REDLANDS BLVD BLDG B
REDLANDS, CA 92373-3119 BUSINESS LICENSE NO. 022943
Owner Name(s): JOHN M BRUDIN Business Type: PROFESSIONAL/ENGINEERS Description: CIVIL ENGINEER
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
1861 W REDLANDS BLVD BLDG B
REDLANDS, CA 92373-3119 Issue Date: 7/1/2024 Expiration Date: 6/30/2025 THIS IS YOUR LICENSE • NOT TRANSFERABLE