Charles Abbott Associates Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Charless Abbott Associates, Inc.
Plan Check Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as of June 27, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Charles Abbott Associates, Inc., a corporation ("Consultant").
RECITALS
A. The City has determined that it requires the fol lowing professional services:
Plan Check Services
B. Consultant has submitted to City a proposal, dat ed March 24, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and i ncorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, abil ity, 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, s ubject 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 professio nal services to be performed by Consultant is an essential condition of this Agreement. Consu ltant 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) specif ied may be approved in writing by the City Manager.
c. Term. Unless earlier terminated as provided els ewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2023 and DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55
ending June 30, 2026. The City may, at its sole dis cretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Consultan t shall be in accordance with the fees set forth in Consultant's Proposal (E xhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed two hundred thousand dollars and no cents ($200,000.00) without additional written authorization from the City. Notwithstanding any provision of Consulta nt'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 su bmit 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 servi ces. 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 reimbur sable 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 o f this Agreement, the City reserves the right to make an independent investiga tion into the background of Consultant’s personnel who perform work required by this Agreeme nt, including but not limited to their references, character, address history, past employ ment, 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 C onsultant 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 o r 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 pr ovides otherwise. If the City suspends or terminates a portion of this Agreement such suspens ion or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursua nt to this Section, the City shall pay to Consultant the actual value of the wor k 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 submi t an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, doc uments and other writings prepared by and for Consultant, its officers, emplo yees and agents and subcontractors in the course of implementing this Agreement, except worki ng notepad internal documents, shall become the property of the City upon payment to Con sultant for such work, and the City shall have the sole right to use such materials in its di scretion 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 Cit y upon written request. City shall have sole determination of the public’s rights to documents u nder the Public Records Act, and any third- party requests of Consultant shall be immediately r eferred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreem ent 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 i n plans, specifications, studies, drawings, estimates, and other documents or works of authorsh ip 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"). Consult ant shall require that all subcontractors agree in writing that City is granted a nonexclusiv e 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 a ll 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, specific ations, plans, procedures, drawings, descriptions, computer program data, inpu t 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 Con sultant. 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 su ch materials be disclosed to any person or entity not connected with the performance of the se rvices 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 deem ed confidential. Consultant shall not use City’s name or insignia, photographs relating to pr oject for which Consultant’s services are rendered, or any publicity pertaining to the Consul tant’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, b ooks 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, fr om the date of final payment to Consultant to this Agreement.
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b. Consultant shall maintain all documents and reco rds which demonstrate performance under this Agreement for a minimum peri od 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 maintain ed 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, Ci ty Attorney, City Auditor or a designated representative of these officers. Copies of such d ocuments 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 recor ds or documents may be lost or discarded due to dissolution, disbandment o r termination of Consultant’s business, City may, by written request by any of the above-named o fficers, require that custody of the records be given to the City and that the records and docum ents 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 t o the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on beh alf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neith er City nor any of its officers, employees, or agents shall have control over the conduct of Consu ltant or any of Consultant’s officers, employees, or agents, except as set forth in this A greement. Consultant shall not at any time or in any manner represent that it or any of its offic ers, employees, or agents are in any manner officers, employees, or agents of the City. Consult ant 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 loc al 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, age nts, and subcontractors providing service under this Agreement shall not qualify for or becom e entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incide nt of employment by City, including but not limited to eligibility to enroll in PERS as an empl oyee 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 ser vices 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 p ayment of any employee and/or employer contributions for PERS benefits on behalf of Consul tant or its employees, agents, or subcontractors, as well as for the payment of any p enalties 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 th at 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: 82C79182-A540-41C5-9DD2-87F066463E55
by this Agreement or any other source of income, in terest in real property or investment which would be affected in any manner or degree by the pe rformance of Consultant’s services hereunder. Consultant further covenants and repres ents 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 r elied 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 applicab le legal requirements and shall meet the standard of quality ordinarily to be expected of co mpetent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state an d 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 w ill 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 descr ibed in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants t o City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consulta nt represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of acti on arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcon tractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55
law arises from the sole negligence or willful misc onduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civi l Code. Acceptance by City of insurance certificates and endorsements required under this A greement does not relieve Consultant from liability under this indemnification and hold harml ess clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By e xecution of this Agreement, Consultant acknowledges and agrees to the provisions of this S ection and that it is a material element of consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shal l maintain Workers’ Compensation Insurance and Employer’s Liab ility Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maint ain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance wi th the laws of the State of California for all of the subcontractor’s employees. Any noti ce 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 loss es 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 hi s/her employees in accordance with the laws of the State of California, Consultant sha ll submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall m aintain 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 gener al aggregate limit is used, either the general aggregate limit shall apply separately to t he work to be performed under this Agreement or the general aggregate limit shall be a t least twice the required occurrence limit. Required commercial general liability cover age shall be at least as broad as Insurance Services Office Commercial General Liabil ity occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Servi ces Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
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iii. Automobile Liability Coverage. Consultant sha ll maintain automobile liability insurance covering bodily inju ry and property damage for all activities of the Consultant arising out of or in connection w ith 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 b road 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 sh all maintain professional errors and omissions liability insuran ce appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agr eement, whether such services are provided by the Consultant or by its employees, sub contractors, 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 automo bile 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 an y required insurance policies or any subsequent endorsements a ttached thereto, the protection offered by all policies, except for Workers’ Compen sation, shall bear an endorsement whereby it is provided that, the City and its offic ers, employees, servants, volunteers and agents and independent contractors, including witho ut limitation, the City Manager and City Attorney, are named as additional insureds. Ad ditional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insuran ce 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 ag ainst 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 elect ed 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 limi ts except after thirty (30) days written notice has been received by the City.
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c. Deductibles and Self-Insured Retentions. Any de ductibles 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 pro vide certificates of insurance with original endorsements to City as evidence of t he insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certificati on 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: Charles Abbott Associates, Inc.
Attn: Rusty R. Reed
27201 Puerta Real #200
Mission Viejo, CA 92691
18. Assignment and Subcontracting. The parties rec ognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors lis ted in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of an y 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. Not hing in this Agreement shall create any contractual relationship between City and any subco ntractor nor shall it create any obligation on the part of the City to pay or to see to the paymen t 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 th is Agreement shall not constitute a continuing waiver of a subsequent breach of the sam e or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If ei ther 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 l itigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
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21. Mediation. The parties agree to make a good fa ith 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 cost s 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 med iators 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 bo na fide employee working solely for Consultant, to solicit or secure this Agreement. F urther, 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, br okerage 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 resc ind this Agreement without liability. For the term of this Agreement, no member, officer or employee o f City, during the term of his or her service with City, shall have any direct interest in this A greement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant repre sents 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 initi al employment, upgrading, demotion, transfer, recruitm ent or recruitment advertising, layoff or termination.
24. Prevailing Wages. Consultant is aware of the re quirements 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"), w hich 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 applicab le federal and state labor laws (including, without limitation, if applicable, the Prevailing W age 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 w ages under California law, and Consultant hereby agrees to defend, indemnify, and hold the Ci ty, 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 A greement 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 a ll requisite power and authority to conduct its business and to execute, deliver, and p erform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55
make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behal f 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 i n 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 signe d 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 o bligations described herein. All prior or contemporaneous understandings, agreements, represe ntations 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 o f 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 e vent 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]
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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”
Charless Abbott Associates, Inc., a
Corporation
By: Rusty R. Reed
Its: President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
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7/26/2023 | 1:05 PM PDT
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EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
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Charles Abbott Associates, Inc. 27201 Puerta Real #200 Mission Viejo, CA 92691 Toll Free: (866) 530-4980 www.caa.inc
PROPOSAL TO PROVIDE Plan Check Services for Engineering Department City of Lake Elsinore Engineering Department 130 South Main Street Lake Elsinore, California 92530 Due Date: March 24, 2023 by 3:00 p.m.
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Table of Contents Cover Letter ............................................................................................................................... 3 Description of Services ............................................................................................................ 5 List of Current Clients .............................................................................................................. 9 Professional Services Agreement ......................................................................................... 14 Insurance Coverage ............................................................................................................... 15 History of Organization .......................................................................................................... 16 Resumes .................................................................................................................................. 18 Organizational Structure ........................................................................................................ 27
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 professional government services 3
Cover Letter Charles Abbott Associates, Inc. (CAA) is pleased to offer Plan Check Services for Engineering Department to the City of Lake Elsinore (City). CAA has been providing these services to the City since 2020, and hopes to continue our relationship for many years to come. CAA is exceptionally well qualified to provide civil engineering plan check services, including plan check of commercial, industrial, and residential developments to the City. Our experience in development review includes review starting at the entitlement stage and runs through construction document preparation, construction, and inspection. We have experience in a full range of different types and sizes of development, ranging from single rural properties to master planned communities, mixed-use developments, planned unit developments and industrial/commercial business parks, to name a few. Our team of highly qualified and experienced staff has provided similar services to many cities and counties and brings numerous combined years of related experience to the table. California registered civil engineers, licensed land surveyors, and environmental scientists are available to provide back-up to the project and to meet the varying workload demands of the City. All work will be performed under the direction of a licensed engineer registered with the State of California who will review plans for compliance with all applicable codes, regulations, guidelines, and permits regarding grading, water quality, tract maps, parcel maps, street improvements, and other plan check services as required for engineering and development projects. The proposed team has many years of experience reviewing grading plans (rough and precise), stormdrain, water and sewer plans, street improvement plans, and traffic plans. As part of the review process, we also review hydraulic and hydrology reports, soil reports, structural calculations, engineering reports, and traffic studies for compliance with state and local rules and regulations, as well as general engineering practice. CAA will provide plan check services for projects including but not limited to the following: • Rough/Precise Grading • Street Improvements • Subdivision Maps • Final Tract/Parcel Maps/Legal Descriptions • Hydrology/Hydraulic • Geotechnical • Water Quality Management Reports • Erosion Control CAA's team is structured to allow flexibility in manpower and will match fluctuating workloads and priorities with proper staffing. Short-term fluctuations are leveled out through temporary use of other CAA personnel brought in for peak periods. Long-term needs are met through the addition or removal of trained staff, with City approval, as well as finding more efficient ways to manage and accomplish existing work. Our on-call plan checking service is provided by full-time and part-time plan checkers, civil as well as structural and non- structural reviewers, throughout each region and available to meet additional workload as required. CAA plan reviewers are proficient in the use of different software systems as well as Adobe Acrobat for electronic plan review. If requested by the City, CAA will provide daily pick-up and delivery of plans and specifications via a shipping service such as On-Trac or Eclipse at no additional cost to the City. Plans will be picked up and logged in the CAA plan review tracking system before being routed to the appropriate plan checker for review. CAA currently performs engineering, building and safety, and environmental plan check for cities in California, Nevada, Colorado, Florida and Georgia at our corporate office in Mission Viejo.
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 professional government services 4
CAA employs only highly qualified licensed and registered professionals with extensive construction experience. Our plan review staff works closely with engineers, architects, and designers, providing greater insight as to the constructability of design and the adherence to State and Federal codes, City rules and regulations, Subdivision Map Act and acceptable engineering practices. Our corporate headquarters as well as our plan review office where we have full-time and part-time plan reviewers available to meet additional workload as required has been located in Mission Viejo, CA for the past 16 years. The presence of our local employees gives us the ability to provide additional staff without delay if workload increases or emergencies arise. This proposal shall remain valid for a period of not less than 120 days from the date of submittal, as requested by the City. By signing this letter of transmittal, CAA attests that all information submitted with the RFP is true and correct to the best of our knowledge. If there are any questions, or if any additional information is needed, please contact Mike Podegracz directly at (949) 421-8447. Sincerely, CHARLES ABBOTT ASSOCIATES, INC. Rusty R. Reed, PE, President DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 professional government services 5
CAA exclusively serves public agencies and is extremely proud of the track record and length of time we have continuously provided high quality, responsive, cost effective, and customer-oriented services to our clients. CAA understands the City is seeking the support of an engineering plan checking consultant for to provide on-call civil engineering plan checking services of commercial, industrial, and residential engineering for compliance with State, County, and City codes and requirements. CAA expects most of the work to be done from our corporate headquarter in Mission Viejo and will provide all materials, resources, tools and training required for our professionals to perform their assigned duties, including vehicles, cell phones, iPads, and other technology devices that enhance our service. All of our services as well as any associated costs for labor, materials, equipment and supplies necessary to provide these services are included in our fees. The proposed team has many years of experience reviewing grading plans (rough and precise), stormdrain, water and sewer plans, street improvement plans, and traffic plans. As part of the review process, we also review hydraulic and hydrology reports, soil reports, structural calculations, engineering reports, and traffic studies for compliance with state and local rules and regulations, as well as general engineering practice. CAA has the resources available to meet the City’s needs. We guarantee that we will commit the necessary resources required to achieve high-quality, fast turnaround plan check reviews. We take our commitment to superior services very seriously and undertake each project with a solemn professional obligation to serve the City and the owners, developers, engineers, and builders who process plans through the City’s plan review process. We have staff currently operating in and providing services for state and local governments in California with fast response time and maximum efficiency. We will have daily pick-up and delivery via a delivery service or complimentary over-night mail service available in addition to web based digital review throughout the life of the contract, as well as web based mail, data, and plan review services. CAA will provide guaranteed plan check turnaround times that will meet or exceed the City’s expected review timeframe, and will provide on-call emergency staff as needed. Our staffing levels will remain proportionate with the City’s workload and ensure that all plan checks are conducted in an efficient and courteous manner that is responsive to the needs of the City and the public. CAA proposes to perform all tasks associated with private development and engineering plan review. CAA will provide electronic review of project documents where possible using the City’s existing Bluebeam Revu software and meet with City staff or conduct field project reviews as needed. Our staff is technically qualified, trained, properly licensed and certified to provide all private development and engineering plan check services to meet the City’s workload needs. Key resources that will be utilized during plan check include the City’s Engineering Design Guidelines Manual, City BMP Manual, the City Municipal Code, and all other applicable State and City regulations and ordinances. Services provided include: 1. CAA will provide Digital Plan Checking Services for Private Development Projects, including grading, erosion control, streets, storm drain, sanitary sewers, reviewing and conditioning of land divisions and development – residential, commercial, and industrial plan checking; drainage and hydraulics/hydrology reviews according to City and State methodologies, lot line adjustments, tract and parcel map reviews, water quality management plans, and assuring condition compliance. 2. CAA will review plan check submittal items and reports, including road structural section calculations; hydrology and hydraulic calculations; street layout and design; structure calculations not under building permit purview; traffic reports; and quantity estimates as well as soil reports, grading, subdivision maps, erosion control, streets, sewer, storm drain, traffic signal, street lightning, retaining walls, and NPDES requirements.
Description of Services
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 professional government services 6
3. CAA will provide the review of Technical Specifications for Proposed Improvements in City Road Right of Way, including preparation and review of traffic signal, signing, striping and marking plans as required, trench backfill and restoration, street lights, and road structural section components. 4. CAA will ensure the completeness of submittals and document any deficiencies as needed. Our team will conduct site visits as necessary and interact with City personnel and private contractors to resolve any issues and answer any questions. CAA will review plans for sound engineering practices and provide detailed plan check of the assigned project plans in accordance with applicable laws, standards, adopted codes and amendments. CAA will ensure accuracy of design in conformance with the City’s most current Plan Check Lists, and will provide and retain digital lists of corrections and redlines. 5. CAA will perform other related engineering services as requested by the City. Services such as site visits and plan & map preparations that do not fall under plan checks will be provided at an additional hourly rate. 6. CAA will sign maps in the capacity of City Surveyor, as requested. 7. CAA understands the importance of timely reviews and the cost to the development community caused by delays attributed to plan-check reviews, and pride ourselves on our ability to adhere to expected performance schedules at all times. CAA will review and return plans in less than 10 business days for initial submittals for both small and larger projects. Resubmittals will be reviewed within 5 business days or less. CAA does not anticipate third submittals; however, should they occur, these will be reviewed within 3 days or less. Although it is anticipated that submittals will be digital, CAA will pick-up and deliver plans and correspondence to and from the City at no additional charge to the City. Expedited plan review is available at an additional charge. PLAN REVIEW TIMEFRAMES 1st Plan Check 10 Working Days 2nd Plan Check 5 Working Days 3rd Plan Check 1-5 Working Days 8. CAA will check general mathematics and design criteria, and call for redesign of any portion of plans that show poor engineering, do not comply with the Approved Tentative Map or Conditions of Approval, might be potentially unsafe, or are impractical to build. 9. CAA accepts the City’s fee schedule and will receive 85% of the fee collected by the City for the plan check and other services covered under this proposal. For work not covered under the current scope, our Standard Fee Schedule is included below.
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 professional government services 7
ENGINEERING/PUBLIC WORKS HOURLY BUILDING & SAFETY HOURLY CLASSIFICATION RATES CLASSIFICATION RATES Principal Engineer 193.00 Principal Building Official 160.00 City Engineer 149.00 Building Official 138.00 Project Manager 160.00 Senior Building Inspector* 116.00 Senior Engineer 154.00 Building Inspector/Plan Checker 107.00 Project Engineer 145.00 Building Inspector* 99.00 Associate Engineer 121.00 Permit Specialist 73.00 Code Enforcement Officer 83.00 Senior Design Engineer 127.00 Assistant/Design Engineer 108.00 COMMUNITY DEVELOPMENT HOURLY CLASSIFICATION RATES Senior Plan Check Engineer 138.00 Plan Check Engineer 116.00 Community Development Director 160.00 Principal Planner 160.00 Senior Traffic Engineer/Manager 165.00 Senior Planner 140.00 Transportation Planner 121.00 Associate Planner 120.00 Traffic Engineer Associate 105.00 Assistance Planner 105.00 Planning Technician 90.00 3-Person Survey Crew 297.00 Code Enforcement Officer 83.00 2-Person Survey Crew 231.00 OTHER HOURLY Senior Draftsperson (CADD) 105.00 CLASSIFICATIONS RATES Draftsperson (CADD) 94.00 Landscape Architect Director 138.00 Senior Public Works Inspector* 116.00 Associate Landscape Architect 105.00 Public Works Inspector* 105.00 Expert Witness Services 330.00 Senior Contract Administrator 121.00 STORM WATER HOURLY Administrative Assistant 66.00 CLASSIFICATION RATES Clerical 55.00 Environmental Project Manager 165.00 Environmental Program Manager 125.00 Environmental Plan Checker 145.00 Associate Env. Plan Checker 115.00 Environmental Analyst 105.00 Environmental Associate 95.00 Environmental Inspector 90.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden. Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CPI). *The Hourly Rates identified are for Non-Prevailing Wage project inspection. Hourly Rates for Prevailing Wage project inspection will be $157.00 for regular time; $198.00 for overtime on Mondays through Saturdays; and $248.00 for overtime on Sundays and Holidays. Prevailing Wage rates are subject to increases pursuant to the State of California’s Department of Industrial Wage Rate Determinations.
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 professional government services 8
10. CAA will provide all the required correspondence on initial and subsequent reviews. Each plan review will be accompanied with a letter summarizing any red-line comments. This letter can be addressed through the City Engineer, assigned staff, or directly to the Designer, based upon the City’s preference. A complete redlined set of drawings and any reports will be returned to the designer for their correction. Final approved documents and mylars with plan checker initials will be sent to the City at the end of the process. 11. CAA will ensure accuracy of design in conformance with the City’s most current Review Checklists. Our plan check team is thoroughly versed in the latest adopted California Building Code, Greenbook, Caltrans Specifications, Highway Design Manual, Hydrology and Local Drainage Manuals, and various other design guidelines, and will familiarize themselves with any and all City Standards and amendments so that we may provide outstanding service in line with the expectations of the City. Our team can also draw on experience with other client cities to suggest different strategies or work on resources to enhance the City’s plan check process.
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55
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-MAIL
ADDRESS:
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
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
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
3/17/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Dani Schulze
714-427-6810
[email protected]
License#: 6003745
Travelers Casualty and Surety Co of America
31194
CHARABB-01
Hartford Casualty Insurance Company
29424
Charles Abbott Associates, Inc.
27201 Puerta Real, Ste 200
Mission Viejo CA 92691
Hartford Fire Insurance Company
19682
Twin City Fire Insurance Company
29459
1080230479
C
X
1,000,000
X
300,000
10,000
1,000,000
2,000,000
Y
Y
57UUNOL5517
3/31/2023
3/31/2024
2,000,000
C
1,000,000
X
X
X
Y
Y
57UENOL5516
3/31/2023
3/31/2024
B
X
X
8,000,000
Y
57XHUOL5518
3/31/2023
Y
3/31/2024
X
10,000
D
X
Y
57WEOL6H6H
3/31/2023
3/31/2024
1,000,000
1,000,000
1,000,000
A
Professional Liability
106484363
3/31/2023
3/31/2024
Per Claim
Aggregate Limit
$2,000,000
$4,000,000
Umbrella policy is follow-form to its underlying Policies: General Liability/Auto Liability/Employers Liability Re: Engineering Plan Check Services. The City and its officers, officials, employees, servants volunteers and agents, independent contractors, City Manager and City Attorney are named as additional insureds as respects general and auto liability for claims arising from the operations of the named insured as required per written contract or agreement. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice will be sent to holder
City of Lake Elsinore
Attn: City Manager
130 S. Main Street
Lake Elsinore CA 92530
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
8. Transfer Of The following is added to Paragraph
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Name Of Person Or Organization:
57UUNOL5517
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 POLICY NUMBER COMMERCIAL GENERAL LIABILITY:
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to B. With respect to the insurance afforded to these i
nclude as an additional insured the person(s) or additional insureds, the following is added to Section III – Limits Of Insurance:organization(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "property If coverage provided to the additional insured isdamage" or "personal and advertising injury" required by a contract or agreement, the most wecaused, in whole or in part, by your acts or wi ll pay on behalf of the additional insured is theomissions or the acts or omissions of those acting amount of insurance:on your behalf: 1. Required by the contract or agreement; or1. In the performance of your ongoing operations; 2. Av ailable under the applicable Limits ofor Insurance shown in the Declarations;2. In connection with your premises owned by or whichever is less. rented to y ou.
This endorsement shall not increase the applicable However: Limits of Insurance shown in the Declarations.1. The insurance afforded to such additional insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be
broader than that which you are required
by the contract or agreement to provide for such
additional insured.
CG 20
26 04 13 Page 1 of 1© Insurance Services Office, Inc., 2012
ANY PERSON OR ORGANIZATION THAT
YOU ARE REQUIRED TO INCLUDE AS
ADDITIONAL INSURED ON THE COVERAGE
FORM IN A WRITTEN CONTRACT OR
AGREEMENT THAT IS SIGNED AND
EXECUTED BY YOU BEFORE THE BODILY
INJURY OR PROPERTY DAMAGE
OCCURS AND THAT IS IN EFFECT
DURING THE POLICY PERIOD.
57UUNOL5517
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55
(3) Any manager, if you or the additional
insured is a limited liability company;
(4) Any "ex ecutive officer" or insurance
manager, if you or the additional insured is
a corporation;
(5) Any trustee, if you or the additional
insured is a trust; or
(6) Any elected or appointed offic
ial, if you or
the additional insured is a political
subdiv
ision or public entity.
This dut y appl ies separately to you and any
additional insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a "s uit" asking for damages from an
insured; or
b. To sue us on this Cov erage Part unless all of
its terms have been fully complied with.
A person or organization may s ue us to recover
on an agreed s ettlement or on a final judg ment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in ex
cess of the
applicable limit of insurance. An agreed
s
ettlement means a settlement and release of
liability signed by us, the insured and the
c
laimant or the claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cov
er under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is als o
primary, we will s hare with all tha t other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, ex cess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Ris k or similar coverage
for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premis
es rented to you or
temporarily occupied by you with
permis
sion of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permis
sion of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or
use of aircraft, "autos" or watercraft to the
extent not subject to Ex
clusion g. of
Section I - Coverage A - Bodily Injury And
Property Damage Liability;
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property damage"
to borrowed equipment or the use of
elevators to the ex
tent not subject to
Exclusion j. of Section I - Cov erage A -
Bodily Injury And Property Damage
Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance av
ailable to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which you
hav
e been added as an additional insured
by that insurance; or
(7) When You Add Others As An
Additional Insured To This Insurance
Any other insurance av ailable to an
additional insured.
However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.
(a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in a written contrac
t or written
agreement tha t this insurance be
primary. If other insurance is als o
primary, we will share with all that
other insurance by the method
described in c. below.
(b) Primary And Non-Contributory To
Other Insurance When Required By
Contract
If you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from tha
t other insurance.
Policy # 57UUNOL5517
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 HG 00 01 09 16 Page 17 of 21
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.
When this insurance is excess , we will hav e
no duty under Coverages A or B to defend
the insured against any "s uit" if any other
insurer has a duty to defend the insured
against that "s
uit". If no other insurer defends,
we will undertake to do s o, but we will be
entitled to the insured's rights against all
those other insurers.
When this insurance is excess ov er other
insurance, we will pay only our s hare of the
amount of the loss , if any, that ex ceeds the
sum of:
(1) The tota l 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 s
hare the remaining loss, if any, with
any other insurance that is not described in
this Ex
cess Insurance provis ion and was not
bought s pecifically to appl y in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal s
hares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal s
hares, we will
contribute by limits . Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Cov
erage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
adv
ance premium is a deposit premium only.
At the c lose of each audit period we will
compute the earned premium for that period
and s end not ice to the first Named Insured.
The due date for audit and retrospect ive
premiums is the date shown as the due date
on the bill. If the s
um of the adv ance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
c
omputation, and send us copies at such
times as we may request.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The s tatements in the Declarations are
accurate and complete;
(2) Those s tatements are based upon
representations you made to us; and
(3) We hav e is sued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that ex
ist at the inception date of
this Cov erage Part, we shall not deny
coverage under this Cov erage Part because
of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties s pecifically ass igned in
this Cov erage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
c
laim is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Ri ghts Of Recovery
If the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Cov
erage Part, those rights are transferred to
us. The insured must do nothing after loss to
impair them. At our reques t, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment , including
Supplementary Payments , we hav e made
under this Coverage Part, we also waiv e that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit tha
t was executed prior to the injury or
damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written not ice of the
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 POLICY NUMBER: COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others
To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the
extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or
organization.
CA 04 44 10 13 Page 1 of 1© Insurance Services Office, Inc., 2011
ANY PERSON OR ORGANIZATION THAT
YOU ARE REQUIRED TO INCLUDE AS
ADDITIONAL INSURED ON THE COVERAGE
FORM IN A WRITTEN CONTRACT OR
AGREEMENT THAT IS SIGNED AND
EXECUTED BY YOU BEFORE THE BODILY
INJURY OR PROPERTY DAMAGE
OCCURS AND THAT IS IN EFFECT
DURING THE POLICY PERIOD.
57UENOL5516
Charles Abbott Associates, Inc.
3-31-2023
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55
ANY PERSON OR ORGANIZATION THAT
YOU ARE REQUIRED TO INCLUDE AS
ADDITIONAL INSURED ON THE COVERAGE
FORM IN A WRITTEN CONTRACT OR
AGREEMENT THAT IS SIGNED AND
EXECUTED BY YOU BEFORE THE BODILY
INJURY OR PROPERTY DAMAGE
OCCURS AND THAT IS IN EFFECT
DURING THE POLICY PERIOD.
COMMERCIAL AUTO
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is ered Autos Liability Coverage in the Business Auto an "insured" for Covered Autos Liability Coverage, but and Motor Carrier Coverage Forms and Paragraph only to the extent that person or organization qualifies D.2. of Section I Covered Autos Coverages of the
as an "insured" under the Who Is An Insured provi- Auto Dealers Coverage Form. sion contained in Paragraph A.1. of Section II
Cov-
CA 20 48 10 13
Insurance Services Office, Inc., 2011 Page 1 of 1
57UENOL5516
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
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 from whom you are required by written contract or agreement to obtain this waiver of rights from us
57WEOL6H6H
03/31/2023
Charles Abbott Associates, Inc.
27201 Puerta Real, Ste 200
Mission Viejo, CA 92691
03/31/2024
DocuSign Envelope ID: 82C79182-A540-41C5-9DD2-87F066463E55
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
27201 PUERTA REAL STE 200 Business Type:
MISSION VIEJO, CA 92691-7316
CHARLES ABBOTT ASSOCIATES, INC.
27201 PUERTA REAL STE 200
MISSION VIEJO, CA 92691-7316
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
CHARLES ABBOTT ASSOCIATES, INC.
CHARLES ABBOTT ASSOCIATES, INC.
PROFESSIONAL/GENERAL-MISC
PLAN CHECK SERVICES – ENGINEERING
DEPARTMENT
025206
7/1/2023 6/30/2024
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: 82C79182-A540-41C5-9DD2-87F066463E55