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HomeMy WebLinkAbout2015-009 DPSI OJTV OF KI 11,SCADEIFIC) Q1,qfAlaxcatlei'o CHANGE ORDER 02023 Plan Check Review Chonge [}rdo'6fm/be/': 2 Change Orce,Date: 5/13/2015 Diversified PServices International Purpose of Change Order. This change order is for additional Public Works plan check services in response to an extremely high number of permit applications. This change order is not to exceed$27,000.00. We, the undersigned contractor, have given careful consideration Vo the changes proposed and hereby agree, if this proposal is appnmed,that we will provide all equipment,furnish all moheha|s, amonpd as may be noted above, and perform all services necessary for the work above speoified, and will accept as full payment therefor the prices shown below. By reason of this proposed ohonge. O day(a) extension of time is requested. Estimated Cost, $ (_ Signed:Contractor's Authorized Agent Contractor is hereby authorized and directed to make the herein described changes from the plans and apauificodono, and/or to increase or decrease contract quantities and time, as described above. ITEM NUMBER: A-8 DATE: 05/12/15 1 n:�fnri 4sj`o ani iQia�' S ei t07n Atascadero City Council Staff Report- Public Works Department Contract Amendment for Development Review Services Diversified Project Services International (DPSI) RECOMMENDATION: Council authorize the City Manager to execute a contract amendment with Diversified Project Services International (DPSI) that will increase the existing contract to an amount not to exceed $67,000 for ongoing development review and plan checking services. DISCUSSION: Diversified Project Services International (DPSI) has been providing contract plan checking services for the City of Atascadero Public Works Department since September 2014. The City Council determined that rapid and responsive plan checking processes should be a priority and authorized the implementation of a contract plan checking service to resolve staffing deficiencies in the Public Works Department and to ensure engineering plan checks were provided to the public in a timely manner. The City has experienced an extremely high volume of permit applications and the need for additional Public Works plan checking help continues. Actual revenue has exceeded the amount budgeted this fiscal year due to the high volume of activity with encroachment permits, public improvement permits, and grading permits. The initial contract with DPSI, signed September 25, 2014, was in the amount of $37,000. The contract plan checking services, per the existing contract, are billed hourly on an as needed time & materials basis, and have been averaging approximately $7,300 per month. Authorization of the contract amendment increasing the amount of the contract by $30,000 would allow the City to continue Public Works plan checking services with DPSI on an as-needed basis for the remainder of the fiscal year. If permit revenue decreases or the need for service is deemed unnecessary, the service agreement can be terminated by the City at any time. ITEM NUMBER: A-8 DATE: 05112/15 FISCAL IMPACT: The fiscal impact of amending DPSI's contract for development review and plan checking services is estimated not to exceed $30,000. The cost of the proposed contracted services would be offset by the Public Works plan check revenues generated from the increased level of residential and commercial development. ALTERNATIVES: No alternatives are proposed for the remainder of this fiscal year. Public Works is evaluating future staffing needs for engineering services. ATTACHMENT: None CITY OF ATASCADERO r iSi.+i I yam_. CONTRACT FOR Diversified Project Services International (DPSI) for PUBLIC WORKS PLAN CHECK SERVICES pnlnr. c n, -�Iola �. r 1870- t CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Diversified Project: Services International (DPSI) THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Diversified Project Services International [DPSI] ("Contractor")_ City and Contractor agree as follows: I. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set-forth .in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. rev 5/1106 l 742114.3 City of Atascadero Diversified Project Services Intemationai (DPSI) AN— '' B. INDEPENDENT INVESTIGATION, The Contractor agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in unlawful employment discrimination_ Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A_ Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than December 31, 2016, unless extended by the mutual agreement of both parties. A_ COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof. S. NO PAY FOR ADDITIONAL SERVICES WiTHOUT WRITING. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's express written authorization signed by the City Manager is given to Contractor for the performance of said services. rev 5/1106 792119.3 City of Atascadero Diversified Project Services International (DPSI) 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The 'Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Contractor shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. it is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. C_ APPROVAL OF STAFF MEMBERS. Contractor shall make-every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify City of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to.be assigned to perform services under this Contract prior to any such performance. G. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. rev 511/05 3 7921193 City of Atascadero Diversified Project Services International (DPS1) � 7. CHANGES: The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Contractor shall have no property right therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at ail times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Gity in the performance of this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 5/1/06 4 79?119.3 f { City of Atascadero Diversified Project Services International (DPSI) �`� 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order_ B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. if Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by .this Contract except as set forth in Exhibit C. City acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Contract. B_ SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. 12. COMPLIANCE WITH LAW: rev 5/1/06 S 792119.3 City of Atascadero Diversified Project Services International (DPSI) A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract_ Contractor shall at all times hold a valid contractor's licenseif performing any function or activity'for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES. In the event it is determined that the Contractor is required to pay prevailing wages for the work performed under this Agreement, the Contractor shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 14. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. rev 5/1/06 6 792119.3 1 City of Atascadero Diversified Project Services International (DPSI) '' - 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors. rev 511106 7 79?119.3 City of Atascadero Diversified Project Services International (DPSI) - � 15. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Contractor 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 Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor 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 successor, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. 17. INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. 18. RECORDS: Contractor shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and rev 51]/06 8 7921 193 City of Atascadero Diversified Project Services International (DPSI) 1"g. v shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Contractor shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all vvork, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S-C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal-diversity jurisdiction being expressly waived. D. City has an interest in the qualifications of and capability of the persons and entities that will ful ill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no rev 5/1/96 9 793119.3 City of Atascadero Diversified Project Services International (DPSI) . *13-4 understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct., prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. R WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality.or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 5/1/06 10 7921193 City of Atascadero Diversified Project Services International (DPSI) J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by ane party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6500 Palma Avenue Atascadero, CA 93422 Contractor Diversified Project Services International (DPSI) L. Alberto Lopez, PE, QSD/P Director of Civil Engineering 199B Santa Barbara Avenue, Suite 200 San Luis Obispo, Califomia 93401 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE_ The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder. AGREED to this 25th day of September, 26'i4 by the parties as follows. Diversified Project Services International (DPSI) By: (,- f l�° L. Alberto Lopez, FSE, OSDIP Director of Civil Engineering CITY OF ATASCADERO By: r �l !` arren Frac Community Development Director rev 5/1/06 11 ,ni„n y City of Atascadero t Diversified Project Services International (DPS1) ( � CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and 1 have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861 C ONTRACTO R L. Alberto Lopez, PE;QSD/P Director of Civil Engineering. rev 3/1/06 12 7971 19.3 EXHIBIT A Scope of Work SCOPE OF WORK: All materials prepared by the Consultant under this contract shall be at all times the exclusive property of the City, and the Consultant shall have no property right there in whatsoever. The following work will be performed by Michael Bertaccini with the assistance of additional employees at DPSI: Review permit application materials on behalf of the City of Atascadero for conformance with the current Municipal Code and published City Engineering Standards. Application materials may include application forms, plans, calculations, and other supporting documents. Review time frames will be consistent with the City's processing timeline policies. Conduct site visits, as required, to determine conformance of the project sites_Aepicted in the applications with the materials submitted as part of the application package_ Prepare review comments and/or recommendations regarding conformance of the application materials with current Municipal Code and published City Engineering Standards_ Review comments and/or recommendations will be forwarded to the City in both electronic and hard copy formats. QP Attend meetings as requested by the City. Provide general civil engineering consultation when requested by the City with regards to development engineering, preparation of plans, preparation of specifications, infrastructure master planning, City Engineering Standards, City Municipal Code, or related issue a The City may assign DPSI to specific large projects (e.g. Eagle Ranch, Walmart Center, The Annex, etc.) to provide technical support, perform project reviews (including peer reviews of design, calculations, reports, etc.) pertinent to DPSI's expertise. A-1 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED $ 37,000 WITHOUT PRIOR WRITTEN AUTHORIZATION Services will be conducted on a time and material basis not to exceed the contractual amount of$37,000. All reimbursables will be covered to a maximum amount of$1,000 for the duration of the contract. The reimbursable allowance of$1,000 is included in the total contract amount of $37,000. The billing rate for Mike Bertaccini will be $115/hour. All other employee rates shall be billed per the attached Exhibit B-1. Any additional services authorized by the City of Atascadero, not included in the scope of services as defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to performing additional work. All additional work authorized by a City of Atascadero change order will be compensated at the same unit cost for the defined services as agreed to in the attached contract. Payment will be made within 30 days after receipt and approval of invoice. Payments to the consultant in excess of the contract amount of $37,000 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. Diversified Project Services International (DPSI) L✓Alberto Lopek, PE(QS)DIP) Director of Civil Engineering B-1 r- Exhibit B-1 Billing Rates JluteS6ect Jununry 701s mTr-111-1.,VrmwAL Engineering& Cnn$roo|[uuAxuoxgomeor [!o^'AUcioion Hu/e/llnur [h)c[Eoginocr..-.._---................................................. ....... ... ... . - .............. j60.00 Suniurfilmnco...................................................................................................................... \�/\UV ( nPfinut�rIII.......................................... ... ... ..--. ....................................... RlV� EnL,iouzr|l ....... ............... ..... ......... ........... ........ ............................................. .................lI i.00 [nginu*r[.........-................................................................................................................... 100.00 Scnio,Prt�jcct ......'_--.---'.-_-'_--. . .........~.1 _-., 350.0/ Pn&CtMooxgcc......................................... ........................................ ......... .. ----...,' l}j-00 � Cousuuo[ou Rep Di........................... .................................................................................. 105./0 CmuhucfinnRep|l...................................................................... - . - '^ ... ......................«j-0h Cxe|ruc/kill]Zell/.- .... ..............................''........ ---.,-----.--------8im) DeokncrUI.............................................................................................. .............................. | |5JV> Dcnip.orr8 .'...''— .. --_..'—.---_------_-_.----._---.9��0 [csnc r L^___....................................................... ...................... ........ ..........................90-00 Pnoico .....................................-...................................................... ... ... ... ........ u5�o ' CA|)lephnicinnIII........................................................... ......... ... ....... .... ........................»O.0« CAJ)1�6'u�ixn|>-.--' —..------ --. --.. ................................................I, (AD Ttcmic0m| ........................................................ ...........................................................7l11U E��nrcrnu�,n�<wa--.................. ....................... .... ....................................................75.0U Adninis\mdvc Assisino ]D......................................................................................................75.0U xduiokam6,eAcsism/u |i----_-._-_._._'-._----,... .'......... .- .............. 71.1.()V I..................................................... .... .... ...... ................................. 60�O �luriuJ4-4nitimn .......... .... ....... ........ .......... .............. .... .................................................... 4�.n0 VDl-liore wrirkwill hchU|edmxprumomrole ol'anwWitiona| S|Whourmcover higher Uoaunmc*cw*.i.All field,rcraart!hi|lah|e pomx|io|mno|mu|inukidrni|cragc and cgnipmcm'C)vcoimcrain qpply. for hourly omployccnnrki»mover |2hours p"rday.and wcckcnd,i. B-2 12'r-lo ( (�pen�'��mp�n���Tosnv/ccf ir-i-rFFNATIONAL Relrnhvrsxbie.Exmconm |`|*u ........... ....................... ..................... ....................................................s)<)/Npl.,)lt:u P�ox,o�6c, .~.-......'~-...-.-..—......_—..-....-,-.'-----_s0-2UPczpugId Cvur 'i ipi=(N !:- '% ll)........ ...... .................... ................ . .... .............. ...............81.-';0po,page I }pir^i7 | x |T).._.'---_'_............................................... - --.—,~�3Ju0 purpngo ()\��Dc�u�b�6no ''-_...-------'---.-.-.._.--.-..--_--_-_--.Com / l�� Silillpilm, (NPS' Frd Ex,cle3"~` -.'.. .—.._ ........... ............................................. + l��� Travel hyAiuonmN|^.. ... ....... .... .... .... ................... .......................... .................8Uj65 per mile l'n^c|'mlitn'muoAuuvmilv|,........ ................................................................ .......Cost - \5",�. PerDiem.................................................................. ......................................................CI)ST ^ \51!f pcnnhFoLn....................................................................................................................L-nol5�� S`hcmuukno Fcx-i........................... ............................................................................Coa + D)� EXHIBIT C Items Provided by City 1. Work station in City Hall with computer and desk phone. 2. Access to City plan check files. 3. Access to City's plan check computer system. C-1 EXHIBIT D Location Schedule SCHEDULE OF WORK: • Every Tuesday morning from 8-11 AM; this will allow attendance at the weekly Project Review Team (PRT) meeting. • Every Friday morning from 8-10 AM; as City Hall is closed to the public on Fridays this time will provide the most efficient plan check time and interaction with personnel at City Hall. • DPSI will attend special project meetings as requested by the City providing work schedules are coordinated in advance to the mutual satisfaction of all parties. • DPSI will attend public hearings as requested by the City providing work schedules are coordinated in advance to the mutual satisfaction of all parties. D-1 EXHIBIT E INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and—volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of insurers. insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL E-1 ff,_ Additional Insured The City of Atascadero will need to be added to the policy as Additional Insured by endorsement, adding the City's name to the Certificate of Insurance is not sufficient and w011 not be accepted. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. t:1 contract managementldpsi-public works pck114.10.01_dpsi public works pelt contract(mike bertaccini).docx E-2 CERTIFICATE OF LIABILITY INSURANCE DATE IrANVoDYYYYl �- 4/29/2014 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 AFFOP-DED 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. IMPORTANT: IF the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endarsod. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement an this certificate does not confer rights to the certificate holder In lieu of such endorsoment(s). PRODUCER CEWTA� Van Beurden Tine_ Serv, Inc. - Kingaburg NAME Esther Prine PO Bax 67 BNCN n (5591 897-2375 AAC Noe 1-9591 897-8070 EMAIL Kingab„g CA 93537 D REss! a rineuvanbaurden.ram INSURERS AFFORDING COVERAGE MAIC 9 IUSUR£RA:Dc asitors Inn Company 42587 I14911RF31 INSURERB:Aclmiral Ins Company 24856 Diversified Project Se--vicen international, Yna. 1NSUP,-:Rc:Starr Indemnity & Liability Co 3531B 5351 Olive Dr Ste 100 INSURER a: Elakernfield - Elakernfield CA 93308 INSURER E: INSURER Ft COVERAGES CERTIFICATE NUMBER:Cart TD 18201 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. INBft POLICY EFF POUCY EXP LTR TYPE OF INSURANCE POUrY NUMBER r.%1wT)DrNYY1 1Mplimanyyy) UTws B X COMMERCWL.GENMALLtAWLrrY FACHOCCURfl£NCE 3 I,000,000 CLAIMS-MAO: QOCCUR y y FEIECC1072701 Il/1/11313 11/7./.'.014 PREMIS Eiaa ocuma1=1 S _ 50,400 X ProfeBsianal Liab MED EXP 1Any an❑Per❑an) S 5,000 H Cout=tr'a Poll Liab PERSONAL&AOVINJURY S 11 DOD,Ono GEN-AGGREGATE LIMIT APPLIES PEtt GENERAL AGGREGATE 5 3.(100,QD0 X POLICY❑PWT RO- D LOC PRODUCTS-COIAP1OP AGG 5 2,000,000 OTHER 5 AUTDMOULLE LLABILRY LITH NE❑DSrNGLE LIh1tTi. 5 z,000,044 A X A14YAUTO Y Y ACP7B15B451394 1I/l/2013 11/1/2014 BODILYIWURY(Prspulsan) S AUTOS'LL SlNED SCHEDULED BODILY INJURY iPcr—cidont) 5 ALITO5 NON-0WNED PROPERTY DAMAGE HIRER AUTOS F peracadanl $ S H X UMBRELLALIA6 X OCCUR FEZEXs107aBD7. 11/1/2013 11/1/2014 EACH OCCURRENCE 5 5,000,4130 EXCESS LWI CLAIMS-MADE Excels Over CGL,AL & AGC,REGATES 5.01301400 DEO I I RE-MWnoN5 Employer's Liah S 1V111111 R5 COMPENSATIONPER PTH- C ANO EMPLOYERS�LIA4ru7Y YIN y 140tl001273 11/1/2013 71/l/2D14 X c R ANY EA-EACH ACCIDENT 2 ,400,ODD OFFICE"Ti MEMBER EXaiMEa7 ❑NIA 1 (Mandatary Ia NHI Ir yao...� des=b2 wd�r Ei DISEASE-EA EMPLOY S 1,000,000 DESCRIPTION OF OPERATIONS Naha EL DI5EAS-5-POLICY LINIrT S 11000,000 S 5 DESCRLPTION OF DPERATIDIL51 LOCATioNB/VEHICLFS(ACORO 101,AddlUemal Rmm�rkn Sch,ffi la,m❑y Na nunchad Il morn❑puca Is mqulrnd) per policy form: 30 day notice of cancellation, emcopt 10 day notice of cancellation with resnactn to non-paymant of premum. Thu Cartificato ITolder is named an Additional Insured on the Auto Liability and Cammoreial General Liahility as per written contract with the Iiamed insured - endorsements attached, fllnnket Waiver of Subrogation/Rightu of Recovery in included in the Auto Liability, Com:aarcial Genoral liability and workar's Como— vLtion policies - endorscment9 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of xtaacadsYa ACCORDANCE WITH THE POLICY PROVISIONS. 9540 Palma Avenue AUTHORIZGa REPRESENTATIVE Atancadero CIL P3422 G jysy.L 01913[3-2013 ACORD CORPORATION. All rights reserved. ACORD 25(2013104) The ACORD name and logo aro registerad marks of ACORD Pane 1 of 3 --------- - .............. ........ ... DiVersified Project Services Intern2flonal, Inc- t Endorisernent Number-.6 Automatic Waiver of Subrogation Endorsement This endorsement,effective 11/0112013 attaches to and forms a part of'Policy number FEIEM 072701. This endorsement changed the Policy. Please read carefully. This endorsement modifies insurance provided under the following: si COMM RCIAL GENE AL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHnDULE 'Name of Person or Organization: Any person(s)or organization($)to whom the Namedbisured agrees,in a written contract,to provide awaiver of subrogation. I-lowever,this status exists only farthe pmjccL specified in that contract, The Camp-any waives any right ulfrecovery it may have against the person or organization shaven in the above Schedule because of payments the Company makes for injury or damage ntising out of the insurads work done under a contract with that person or organization. The waiver applies only to the poi-son or organization in the above Schedule. Under no circumstances shall this endorsement actlo extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. F;- 12 is ECC-320-07i2 K 7-J Allied Insurance e 11n�=c�ndr'carn�r-t,y BUSINESS AUTO ADVANTAGE ENDORSEMENT (formerly called Commercial Auto Plus Endorsement) Here is a summary of the provisions included in the form with a comparison to the base coverage form CA0001 - ." .res _= aiisihess sun t a ,i( 11susin ssil". �A `' i :r9YBrF�ge Ft3TiIi a Newly Acquired or No coverage is provided for new entities. Coverage Is provided for newly acquired Formed Entities or formed ehfities for 1130 days or until the and of the policy period,whichever is later. Temporary Substitute Liability Coverage is provided for Both Liability and Physical Damage Autos--Physical temporary substitutes Liability, Coverage are provided for temporary Damage substitutes. Employees As An employee is not considered an insured Coverage equivalent to CA9933 is Insureds while driving a vehicle he or she owns provided—employee is provided excess unless endorsement CA9933 which coverage while driving a vehicle he or she provides excess coverage is added to the owns. policy Supplementary Coverage is provided up to 52,000 limit. Coverage is provided up to$2,500 limit. Payments—Bail Bonds Supplementary Coverage is provided up to$250 per day. Coverage is provided up to$5o0 per day. Payments—Loss of Eamings Fellow Employee Coverage is excluded for bodily injury to a The Fellow Employee exclusion does not feliow empiayee. apply to an"insured"who occupies a position as an officer,manager, or supervisor. Personal Effects of No coverage is provided. Coverage is provided for up to$250 for insured and Property property of others in Care, Custody or of Others Control. Coverage is provided for up to$500 of your property that is lost or damaged as a result of a covered"loss",with no deductible. Hired Auto Physical For an additional premium,coverage can Coverage Is provided for leased, hired, Damage be provided for leased or rented vehicles. rented or borrowed vehicles with no limit If hired auto Liability Coverage is provided. The deductible applied will be equal to the largest deductible applicable to any owned auto. 16296 0308 00 Page 1 of 2 to tt�}�'�` j _,�� r �. 9 �-�, � 1 CAU©01 Susi es5�lnfp � � _�GA'tp Bi:siness Auto�►�v�rnta >r r Towing Coverage For additional premium,coverage can be Coverage is provided for$100 for private provided for up to$50 for private passenger type and for$250 for other passenger type autos. than private passenger type if vehicle has Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. Auto Loan or Lease For additional premium,coverage can be In the event of a total loss which is Coverage provided with endorsement AC2071_ covered under Comprehensive, Specified Causes of Loss,or Collision,we will also pay any unpaid amount due on the loan or tease plus additional miscellaneous expenses. Rental For additional premium, coverage can be For a vehicle which Is covered for Physical Reimbursement provided by endorsement CA9923- Damage Coverage we will pay for rental Coverage reimbursement expenses with a limit of $75 per day for a maximum of 30 days unless coverage is provided by endorsement form CA9923. Extended Coverage is provided for up to$20 per Coverage is provided for up to$SO per Transportation day to a maximum of$600 for total theft of day to a maximum of$1,000 for total theft Expense private passenger type autos if of private passenger type autos if Comprehensive or Specified Causes of Comprehensive or Specified Causes of Loss are provided. Loss are provided_ Extra Expense— No coverage is provided. Coverage is provided for up to$5,000 for Stolen Autos the expense of returning a stolen covered "auto"to you If Comprehensive or Specified Causes of Loss Coverage are provided. New Vehlcle Coverage is provided on an actual cash In the event of a total loss, replacement Replacement Cost value basis. cost(no depreciation)applies to a private passenger type vehicle or a vehicle with a gross vehicle weight of 20,000 pounds or less which is less than one year old. SlanNet Waiver of No person or organization can do anything 1 We waive any right of recovery we may Subrogation to impair our rights of subrogation after have against any person or organization to accident or loss, the extent required of you by a written contract executed prior to an accident. Notice: This chart is provided for informational purposes only and Is subject to qualification for, and the terms and conditions of,the Commercial Auto Plus endorsement. Page 2 of 2 16296 0308 00 _--_. ----__ -.- -^ -__--'-- '--___---_____�_------_--___---_---_�_---' - ^. --------------, '--- ......................... - � � .` ' COMMERCIAL AUTO AC 0102N310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ATCAREFULLY. B~ ~,N ~ ~~ AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM nant2doyavehicle|san 'Ynsunad"for Liability EQUIPMENT Coverage, but only tothe extent that person 1' Under the COVERED AUTOS SECTION, u/organization qualifies ooan '|nmu red" un- the following are added to Paragraph C der the Who lo An insured Provision con- tained in the LIABILITY COVERAGECertain Trailers, Mobile 2guKp -n' and SECTION ofthe Coverage Form Temporary Substitute Autos: 4' ''[raUens"designed tohe towed byoph- D. REPLACED EXCLUSIONS va�ie passenger type"auto" or a pickup, The Expected or Intended Injury Exclusion panel truck or van If not used for bus[- In the LIABILITY COVERAGE SECTlcJW Is ness puqz000m, other than farming or replaced bythe BoUovWinQ: ranching. Expected orIntended Injury 5- Farm wagons orfarm implements while ^8odU^ injury"or" ' ^ o xv mo��' hiohio being tovwedbyanove�6"auhz^' expectedoNban'- b-tne "\nou,md". This B. CHANGES FOR A0QOlQ0AL NEWLY exclusion applies If the }§ing "hpdl- &CQU|RED VEHICLES |yinjury"or"property damage": 2. Paragraph 8.2 of the COVERED AUTOS a. is of adifferent kind,quality ordegree SECTION|oreplaced byihnfollowing: than Initially expected orintended; or 2. {fSymbo|(s) TcvG7iyentered next to b. Issustained byadifferent person, entity, coverage In Item Two of the Oeo|o/a- naa| property, or ' property pn�y thmn Uonm, an 'auto" you acquire will be ihatV�Oa8yenp �d :.--intended. ?ovemad"auto^for that coverage only|t G. ADDITIONAL EXCLUSIONS VV a' e a|naadyooveret|eastone"aWo" The following exclusions are added to the you own for that coverage oritrep- LIABILITY COVERAGE 8B�Tl�N' |oueo. an "ouLo^-�you previously owned that had that cove�go|and Damage tmNamed Insuned'mProp e�y 6' You tell uswithin 3Ddays after you Any claim �|mor"a� 'for"property � oc itthat youmantushnuo«er you orpn yourbehalf against any other per- it for that coverage. son orentity that ivalso a Named Insured under this pol|cy If The most we will pay for Physical D ' [�pvarmgefor"|o�'under[h�2mvo - ��bumeo,K8u�mmt��om tens/on is $100.001) par "aubD'. subject to "Bodily injury" or "property damage" arising the largest deductible applicable boany''au- out of. to"for that Coverage. o. The actual or threatened abuse or C. BLANKET ADDITIONAL INSURED molestation by anyone or any person Any person ororgan|zo§on which you have »vh||e In the cane, custody or uonbn| of agreed toname osonadditional insured|na any"Insured'.or m/hftenconbant executed prior toon acci- b. The negligent dent, other than o contract for the lease or 1) Employment-, ACo1n2o3 10 Includes copyrighted material cfInsurance Services Office, Inc., Page of with its permission. ( ( -----~'---'---'-.........-.......'-------� - ...................................... —__-------_ ^_--'' ` AC 01 02 03 10 ' l 28 Investigation; This Insurance does not apply to: 30 Supervision; a. "LoosPbothe covered ''autols" contents, xA Reporting tothe proper authorities, except equipment usual b,trucks ofpri- or fai|urot000naportor vatepassenger'\uutoo". 5) Retention; b- "Loss' toTVantennas, awnings or ca- of aperson for whom any"insured"|aor bo»ms' ever was legally responsible and whose o' "LossPboequipment designed tmcreate conduct would be excluded by pona- added living hadkdou' graph a. above. However, these exclusions do not apply if ^4bmme means on act which is committed NRane||onooue Personal Property Coverage vv||h�eintent�cause harm. [opmVdodbyendosomant tothis policy, Explosives G. ACCIDENTAL AIRBAG DISCHARGE "Bodily Injury" or"property demagd' cmuaod COVERAGE by the explosion ofm?cplzsivao you 'make, Under Paragraph 8.3.a' of the PHYSICAL sell ortonspo± DAMAGE SECTION,the fol|owInQioadded: Rolling Stores Mechanical breakdown does not Include the ac- If a covered "auto" is a no|||ng mhnro. "bodily cidena|discharge oysnmirbaQ' injury" or "property damage" resulting ftom H. PHYSICAL DAMAGE LIMIT OFINSURANCE the handling, use or condition of an item Under PHYSICAL DAMAGE COVERAGE the ''|noured" makes, sells or distributes if SECTION, Paragraph C.. Limit ofInsurance is the injury or damage occurs after the "|n- replaced by — nQ: uured'has given mppossession nfthe item. C.Limit OfInsurance ' Wrong Delivery nfLiquid Products 1' The most wmwill pay for "|uas In any � !'Bodily injury" or "property damage!' result- one"moo|denyisthe|esssrot ingfrom the delivery of any liquid into the n. The actual o-- value of the damaged wrong receptacle or to the wrong address, or abz|sn pnoperty'oo of the time ofthe orfromthe delivery o[one liquid for another, .|oso"' or|y the "bodily Injury" or "property domaQer occurs after the delivery has been com- U' The cost of repairing or replacing the p|eted. damaged orstolen property. Delivery isconsidered completed even nfur- 2' $1,000isthe Most weWill pay for "loss" in |' therservice ormaintenance work, orconeo' any one ^aoo|donr to all electronic equip' ' don. repair or replacement is required be' mont that reproduces, nsnoiveo or transmits cause o[wrong delivery. a»dio, visual ordata signals which, ot the Professions]Services Omenf^/ooa^ �'nom ' ' "Bodily injury": o' Permanently installed In o/ upon the covered 'auto" In—a—housing, `o'e' [ ' : ~ m. Resulting from the providing orthe fail- oiherlocation that Is not normally used uooho provide any medical orother pro- by the"auto'manufacturer'- r8he inotel- fessionol services. |oUonofsuch equipment. b. Resulting from food ordrink furnished b. Removable from opermanently installed with these services. housing unit as described in Paragraph "Bnd|7y Injury" or "property damage�' result- 2'o' above o/ in an Integral part of that Ing from the handling ofcorpses. equipment, or F. MOTOR HOME CONTENTS COVERAGE o. AnIntegral part ofsuch equipment. 1Form covered '\aubf' that Is a motor home 3' Anadjustment for depreciation and physical the ho|kmv|ngexclusions are added tothe condition will bemade|ndetermining actual |' PHYSICAL O/UNA8E COVERAGE cash value[nthe event nfoha\a|^|oas". � SECTION: Motor Home Contents i Page 2of4 Includes oopyhghte6material ofInsurance Services Office, Inc., AC 0102 03 10 � with Its pannisuiom- " � / —' `.,.� ..................... -__--------__--'-__-_---_- ................. ........... .............................. __-_---`_--__' --- '� � ACnM02O3YU 4. The cost ofrepairing orreplacing may, 4. AmemUer, Ifyou are olimited liability oom- a. 8ebased onmnestimate which includes pmny' parts furnished by the original equip- K. UNINTENTIONAL FAILURE TO DISCLOSE mont manufacturer or other sources in- HAZARDS cWd|nQ non-original equipment monu' The BUSINESS AUTO CONDITIONS SECTION facturonnmnd and MOTOR CARRIER CONDITIONS b. Include adeducdonfor betterment for a SECTION-Baare amended 6ythe mdd|donur part orparts that are normally subject ip the following: repair orreplacement during the useful It you unintentionallyfall bzdisclose any hazards life mfthe"outo". such as, but not limited ekisting stthe Inception date ofyour policy, we bofires and batteries, wiU not deny coverage under this Coverage Betterment means the d|ffarenne be- Form because ofsuch failure. However, this bwoenthe actual cash value ofapart provision does not affect our right bocollect odd|- |mmed|abely befbne the "loss" and the Uonal premium or exercise our right of oancel|a' coottorep)ooethcdpadvvlmmnewporL tion ornonrenewal. §. lfwaoffer bzpay the actual cash value o[ L. AUTOS HIRED fJRRENTED 13y EMPLOYEES the damaged or stolenwnwill val- ue auko advertising wraps, paintcuutom|es' |[hired orrented^aubzs"are covered"autus^on Uoo.and similar business related advertising ihiupo|icy..thofollowing provisions apply: � modifications, |naddition ho the actual cash A. Changes |nLiability Coverage value of the Auto advertising,'~~~'°' ' The fbIloVing is added to the Who!o \n in - wraps,-'-r-' 'a|nt customization, and similar ' suredPnovis|on in the LIABILITY bummona related advertising modifications COVERAGE SECTION: ' �i|lbevalued ai �e cost to | them ' vWUh an adjustment made for depreciation An 'emp|oy &' u{yours ison "[noured"while and physical oondiUou. operating an 'aubd' hired or rented under 1' GLASS REPAIR-WAIVER 8FDEDUCTIBLE contract or agreement In that "mmp| 's" Under Paragraph D. DeducUWe of the name,with your permission,while performing PHYSICAL DAMAGE COVERAGE 8ECT|ON, duties related to the conduct of your busi- ness, tbefb||uwing�oddmd: ' No deductible to glass damage N the S. OhmnQea|nGonondOondd�ns glass is repaired rather than replaced. Paragraph 5.b. of the Other |usonanpa � J. AMENDED ooTlE� �����0T��/\��lDENT. Condition In the Business Auto Coverage CLAIM,SUIT,OR LOSS Form and Paragraph s1ofthe Other Insur- ance Condition in the Motor Carrier Cover- The requirement in Loss Condition 2.a.DuUes In age Form are replaced bythe following: the Event D[AcddenL Claim, Suit Or Loss-of the BUSINESS AUTO CONDITIONS SECTIONFor Hired Auto physivai'OomaQo-8overoQn. and the MOTOR OARR�ER COND[OONQ thwyoUow'InQ are deemed hzhecovered "au- SECTION that you must noU � fyuoofen ~oo� too"youomm: dant', "c|a|m^. "ouit'. or"kzoo" applies only when 1. Any covered "ouho' you lease. hire, rent the "aoddenr. 'clain". "yuit% or"loas. Isknown orborrow;and to: 2. Any covered "auto" hired or nonbad by 1' You,ifyou are onindividual your"employee" 2. Apodoor,ifyou are opartmeraW� "individual "employeeV' name, with your ,-----' while- performing~` ~~^'~' '^3' 8nexecutive officer orth= = ' | desk]- - latedtothe conduct ofyour bmsinass n�a give ' ' ` Mmxove� any '�ubf' �b�t is |eom�d hlned corporation;or , . rented or borrowed with a driver Is not o covered"auto". � ' ' AC 0102 031U Includes uopyffghted material of Insurance Services Office, Inc.. Page3 of4 � mAthits permission. � _..._. ...................................__._........._............._._....,_---•-• »....._......._.......__._......_.... . .. .......................... is AC 01 02 0310 M. EMERGENCY LOCKOUT -- PRIVATE 3. Original copies of receipts for services of a PASSENGER VEHICLES locksmith must be provided berore reim. We will reimburse you up to $50 for reasonable burse ment is payable. expense incurred for the services of a locksmith N. LIBERALIZATION r to gain entry Into your covered"auto" of the pri- paragraph 3, of the General Conditlons is re- vate passenger type subject to these provisions: placed by the following: r 1. Your door key or key entry pad has been if we adopt any revision that would broad an the I' lost, stolen or locked in your covered "auto" coverage under this policy without additional and you are unable to enter such'auto",or premium within 60 days prior to or during the 2- Your hey or key entry pad has been lost or policy period, the broadened coverage will irn. stolen and you have changed the lock to mediately apply to this policy. I` prevent an unauthorized entry;and � F c r. s r: rjrr' L! 4 l• Cj All terms and conditions of this policy apply unless modified by this endorsement i i' T= i� ty to .'t 3a Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 0102 0310 with its permission. i r i : ..... . .:......-...: - ..... . Diversifled Project Services Interriational, Inc, Endorsement plumber-, S i Automatic Additional Insured —Owners, Lessees or Contractors This andorsement,effective 11101/2013 attaches to and forms a part of Policy number FEIECC1072701. This endorsement changed the Policy, Please read carafully_ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL L1ABMITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Flame of Person or Organization: Any person(s)or arganizadon(s)whom the Named Insured agrees,in a written contact,to name as an additional insured. However,this status exists only for the project specified in that contract, The person or organization shown in this Schedule is included as an insured,but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured, ECC-319-0712 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFOR141A 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 perforin work under a written contract that requires you to obtain this agreementfrom 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 2A d %of the California workers'compensalion premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization to whom you become obligated to waive Where required by contract your rights of recovery against,under any contract or agreement you enter Into prior to the occurrence of loss. This endarsement changes the policy to which it L attached and is effective on the date issued unless otherwise stated. (rhe informatlon below is required only when this endorsement is Issued subsoquant to preparation of the pollry.) Endorsement Effective: Policy No.: Endorsement Into.: Insured: Premium: Insurance Compnny: Countersigned by: WC 04 03 06 (Ed.04-84) Page i of 9