Agenda packet — Lake Elsinore City Council, January 10, 2023 (part 5 of 6)

REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: January 10, 2023
Subject: Transportation Uniform Mitigation Fee Program Reimbursement Agreement for Interstate 15 Franklin Street Interchange Improvement Project Recommendation
Approve and authorize the Mayor to execute an agreement with Western Riverside Council of Governments (WRCOG) to reimburse funds for the Final PS&E phase of the Interstate 15 Franklin Street Interchange Improvement Project in substantially the form attached and in such final form as approved by the City Attorney.

Background
Interstate 15 Railroad Canyon Road Interchange Improvement Project environmental document was approved in August 2017, which included the Interstate 15 Franklin Street Interchange improvements. The project was broken out into two (2) phases, where Phase 1 consisted of Railroad Canyon Road Interchange and Phase 2 of Franklin Street Interchange. Railroad Canyon Road Interchange completed construction in the summer of 2022.

Currently, Franklin Street is a two-lane overcrossing above Interstate 15 that serves the City of Lake Elsinore and its surrounding communities. The future Interstate 15 Franklin Street Interchange will consist of the new overcrossing with a diamond configuration located approximately 1,160 ft north of the existing Franklin Street overcrossing. With anticipated growth from future commercial and residential properties to the west and east of the interchange, the interchange improvements will not only relieve congestion and improve traffic operation in the adjacent communities but will also improve congestion and traffic operation of adjacent interchanges at Main Street and Railroad Canyon Road.

Discussion
In September 2022, the Western Riverside Council of Government (WRCOG) Executive Committee has approved the 2022 Southwest Zone 5-year Transportation Improvement Program (TIP), which includes the Interstate 15 Franklin Street Interchange project. Per City’s request, the TIP programmed $6 million dollars of TUMF funds for costs related to the Final PS&E phase. In Franklin IC TUMF Agreement

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addition, the City has allocated $2.0 million towards the final design (PS&E) phase of Franklin Street Interchange in order to get the project ready to list. In order to receive TUMF funds, an agreement between WRCOG and the City is required. This agreement formalizes the reimbursement contract between WRCOG and the City of Lake Elsinore.

Fiscal Impact
Costs will be budgeted through the TUMF program and Measure Z funding. Impact to Measure Z is in the amount of $2.0 Million.

Attachments
Attachment 1 - Interstate 15 Franklin Street TUMF Agreement Attachment 2 - Project Location Map
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\TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM

AGREEMENT TO REIMBURSE TUMF FUNDS
INTERSTATE 15 FRANKLIN STREET INTERCHANGE IMPROVEMENT PROJECT

FINAL PS&E PHASE
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this __________day of __________, 20__, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and City of Lake Elsinore, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).

B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.

C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.

D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for _Interstate 15 Franklin Street Interchange Improvement Project, (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PS&E – Plans, Specifications and Estimates

2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Six Million Dollars ($6,000,000), to be used for reimbursing the AGENCY for eligible Project expenses as described 22-SW-LEL-1204

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in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.

3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.

4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.

5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within 22-SW-LEL-1204

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ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.

6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.

7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.

8. AGENCY’s Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.

9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.

10. AGENCY local match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.
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11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

12. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Jason Simpson, City Manager, or his or her designee, as the AGENCY’s representative to WRCOG.

The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.

13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.

14. Review of Services. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.

15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have 22-SW-LEL-1204

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been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.

17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.

18. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to 22-SW-LEL-1204

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WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.

19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 22-SW-LEL-1204

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1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.

21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.

23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.

24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California.

26. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

27. Time of Essence. Time is of the essence for each and every provision of this Agreement.

28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 22-SW-LEL-1204

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29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.

30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.

31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.

32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

If to AGENCY: City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attention: Jason Simpson, City Manager
Telephone: (951) 674-3124
Facsimile: (951) 471-1261
If to WRCOG: Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES.

34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.

35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms 22-SW-LEL-1204

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and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.

36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.

38. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.

WESTERN RIVERSIDE COUNCIL CITY OF LAKE ELSINORE

OF GOVERNMENTS
By: Date: By: Date:

Dr. Kurt Wilson Timothy J. Sheridan
Executive Director Mayor
Approved to Form: Approved to Form:

By: Date: By: Date:

Steven C. DeBaun Barbara Leibold
General Counsel City Attorney
Attestation:

By: Date:

Candice Alvarez, MMC
City Clerk
Natasaha Johnson
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Exhibit A

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EXHIBIT “A”

SCOPE OF WORK
SCOPE OF WORK:

This TUMF Reimbursement is for the Final Plans, Specifications, and Estimate (PS&E) Phase only. Final PS&E includes the development of the plans, specifications, and construction cost estimate; obtaining any resource agency permits, and advertisement/award of the construction contract.

From approved FTIP:

CONS NEW I-15/FRANKLIN ST INC, CONST AUX LNS FROM FRANKLIN ST IC TO

MAI NST IC & FROM FRANKLIN ST IC TO RR CYN IC, REALIGN & RECONSTRUCT MAIN ST SB ON RAMP FROM 1-2 LNS, ON WS OF I-15 CONST

AUTO CENTER DR EXTNSN FROM EX FRANKLIN ST TO ADOBE ST & ON ES OF I-15 AND CONST CNY ESTATE DR EXT FROM EX FRANKLIN ST TO CAMINO DEL NORTE
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Exhibit A – 1

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EXHIBIT “A-1”

ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED
PS&E $6,000,000 $2,000,000 $8,000,000

RIGHT OF WAY

CONSTRUCTION
TOTAL $6,000,000 $2,000,000 $8,000,000
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Exhibit A – 2

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EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:

This TUMF Reimbursement is for Final PS&E Phase only.

Final PS&E is anticipated to begin February 2023 with estimated completion date of February 2025.

Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED August 2017 $3,786,801
PA&ED completed
with RR Canyon
IC
PS&E February 2025 $8,000,000
Est. Start Date:

February 2023
RIGHT OF WAY February 2026 $8,000,000
CONSTRUCTION July 2028 $80,000,000
TOTAL $99,786,801
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Exhibit B

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Elements of Compensation
EXHIBIT “B”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.

2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.

3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.

4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.

5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.

6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.

7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:
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Exhibit B

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“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.

Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________

8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.

If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
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Exhibit B-1

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EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).

1. ELEMENTS OF COMPENSATION.

Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:

1.1.2.1 Direct Salary Costs ____________________

1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

1.1.2.3 Overhead Costs ____________________
The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, 22-SW-LEL-1204
Exhibit B-1

Page 17 of 23 ends

administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2 FIXED FEE.

1.2.1 The fixed fee is $______________________.

1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.
22-SW-LEL-1204
Exhibit B-1

Page 18 of 23 ends

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour

2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.

3. INVOICING.

3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.
22-SW-LEL-1204
Exhibit B-1

Page 19 of 23 ends

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________

4. PAYMENT

4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. 22-SW-LEL-1204
Exhibit B-2

Page 20 of 23 ends

EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .

The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By: _____________________________
Name
Title
cc:
22-SW-LEL-1204
Exhibit B-3

Page 21 of 23 ends

EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
22-SW-LEL-1204
Exhibit B-4

Page 22 of 23 ends

EXHIBIT B-4

SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
22-SW-LEL-1204
Exhibit B-5

Page 23 of 23 ends

EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments

EXHIBIT B

PROJECT LOCATION MAP

PROJECT LOCATION

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: January 10, 2023
Subject: Memorandum of Understanding Between County of Riverside, Department of Environmental Health and the City of Lake Elsinore Recommendation
Approve and authorize the City Manager to execute a Memorandum of Understanding with the County of Riverside Environmental Health
Background
County of Riverside’s Local Agency Management Program (LAMP) was approved by the Region Water Quality Control Board on December 13, 2022. As the City does not have an approved LAMP, the City of Lake Elsinore requires professional services from the County of Riverside for review of Onsite Wastewater Treatment Systems. These services include Environmental Planning Review, Plan Review, Inspection/Review of Annual Evaluation for Advanced Treatment Units in accordance with the Riverside County LAMP.

Discussion
Memorandum of Understanding was entered into by and between the City of Lake Elsinore and County of Riverside Department of Environmental Health on February 1, 2018. The current MOU is set to expire on February 1, 2023. The City and County agree to renew and enter into this Memorandum of Understanding for a period of five (5) years.

Fiscal Impact
There is no fiscal impact to the City. Project proponent is responsible for paying fees associated with the Services provided by the Riverside County Department of Environmental Health.

MOU with Riverside County Department of Environmental Health

Page 2 of 2 ends

Attachments
Attachment 1- LAMP MOU
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
AND

THE CITY OF LAKE ELSINORE
This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF LAKE ELSINORE, hereinafter referred to as “CITY” and the COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH, hereinafter referred to as “COUNTY”, to be effective on the date approved by both parties.

I. RECITALS
WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for Onsite Wastewater Treatment Systems (OWTS) in accordance with the Riverside County Local Agency Management Program (LAMP) and; WHEREAS, CITY does not have an approved LAMP and;
WHEREAS, COUNTY’s LAMP was approved by the Regional Water Quality Control Board on December 13, 2022 and;
WHEREAS, CITY desires to abide by the Riverside County LAMP and; WHEREAS, CITY agrees to rescind any and all existing OWTS ordinances, rules and regulations, if applicable, prior to COUNTY’S review to avoid conflicting and duplicative rules and regulations and;
WHEREAS, CITY agrees to allow for billing of permit fees by COUNTY for services to be rendered, according to County of Riverside Ordinance No. 640 and; 2 WHEREAS, COUNTY has personnel with sufficient training and expertise to provide such services in accordance with the LAMP and;
WHEREAS, COUNTY is prepared to provide such services under the terms and conditions set forth in this Memorandum of Understanding; and WHEREAS, CITY and COUNTY agree to now enter into this Memorandum of Understanding for a period of five (5) years;
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties mutually agree as follows:

II. TERMS AND CONDITIONS
A. SUMMARY
The CITY requires professional services as described herein from the COUNTY for review of Onsite Wastewater Treatment Systems (OWTS).

B. TERM
The term of this MOU shall be effective on the date it is signed by both parties.

The MOU shall continue in effect for up to 5 five years, or until terminated as outlined in Section IV below.

C. SERVICES TO BE RENDERED
Plan Review Services: COUNTY will provide plan review of OWTS for commercial and residential applications within the CITY. This review will include inspections of the property and technical review of the soil percolation study to ensure compliance with the 3 Riverside County LAMP. Requests for an OWTS shall be accompanied by a City application or building permit and shall be presented in person by the project proponent to a County Environmental Health office for their review. The project proponent shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52 for the type of review requested at the time of submission of the request, to cover the cost of services provided. All such review shall be provided within fifteen (15) working days of submittal of a completed application.

Planning Review: COUNTY will provide environmental planning review to the City for all residential and commercial projects proposing OWTS, to ensure compliance with Riverside County LAMP. The project proponent shall be responsible for the payment of any applicable fees, at the current hourly rate established in County Ordinance 640 as codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided. All such reviews shall be provided within (20) twenty working days of request for such services.

Inspection/Review of Annual Evaluation for Advanced Treatment Units (ATU):

COUNTY will provide inspection and/or review of the annual evaluation report for ATUs as required in the LAMP. The project proponent and/or homeowner shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided.

Services to be rendered specifically exclude COUNTY response to and enforcement of any complaints regarding malfunction or failure of an OWTS. CITY agrees to enact any ordinances or regulations necessary to enforce the correction of any failure of any OWTS, and to enforce in a manner consistent with the LAMP.

CITY shall enact any necessary ordinances to allow for COUNTY to directly bill any applicant.
4 CITY shall rescind, or suspend for the duration of this MOU and any subsequent renewals, any and all ordinances, regulations or other mandatory laws regarding OWTS systems within the CITY to avoid duplication of laws or conflicting laws. CITY shall also enact necessary implementation ordinances, regulations or other laws that would allow the provisions of the LAMP to control within the CITY’s border and also that would allow COUNTY to provide services under the LAMP.

D. PERSONNEL
The services provided by the COUNTY shall be performed by COUNTY personnel under the control and direction of COUNTY. To the extent that CITY personnel may also participate in any of the activities herein provided for, CITY agrees to conduct those activities in accordance with the COUNTY LAMP, and any expenses by the CITY in this process shall be borne by CITY.

E. MUTUAL HOLD HARMLESS/INDEMNIFICATION
1) CITY agrees to defend, indemnify, and hold harmless COUNTY, its directors, officers, agents, Board of Supervisors, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of COUNTY under this MOU, its officers, agents, employees, subcontractors, agents or representatives.
2) In the event there is conflict between this foregoing clause and California Civil 5 Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY from indemnifying the COUNTY to the fullest extent allowed by law.
3) With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of COUNTY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’S indemnification to COUNTY as set forth herein. CITY’S obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at COUNTY’S expense, for the defense or settlement thereof. CITY’S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 4) COUNTY agrees to defend, indemnify, and hold harmless CITY, its directors, officers, agents, City Council, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY under this MOU, its officers, agents, employees, subcontractors, agents or representatives.
6 5) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve COUNTY from indemnifying the CITY to the fullest extent allowed by law.
6) With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of CITY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’S indemnification to CITY as set forth herein.

COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at CITY’S expense, for the defense or settlement thereof. COUNTY’S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

III. AMENDMENTS
Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the authorized parties.

IV. TERMINATION
Either CITY or COUNTY may terminate this MOU at any time by giving (30) day written notice with or without cause to the designated contacts. Upon receipt of any notice of 7 termination on the agreed upon effective date of termination services shall cease thereafter. Upon termination of this MOU, any OWTS under permit and subject to annual inspection shall revert to the CITY for inspection and permitting. Any fees paid to the COUNTY for an annual permit prior to notification of termination, shall not be refunded by the COUNTY.

V. COMPLETE MEMORANDUM OF UNDERSTANDING
This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral MOU, agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral MOU, agreement or representation be binding upon the parties hereto. Any previous agreements between the CITY and COUNTY, whether oral or written, with regards to the activities outlined in Section II.C of this MOU, shall be supplanted by this MOU. Other agreements or contracts between the CITY and COUNTY, not involving OWTS, shall be unaffected by this MOU.

VI. JURISDICTION/VENUE
This MOU shall be governed by, and construed in accordance with, the laws of the State of California. CITY agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOU and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Riverside. 8 VII. NOTICE
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:

CITY: COUNTY:

City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
County of Riverside
Department of Environmental Health
4065 County Circle Drive
Riverside, CA 92503
VIII. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING
Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of each party is a person duly authorized.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed

CITY OF LAKE ELSINORE
_________________________________ Dated:

Jason Simpson, City Manager

COUNTY OF RIVERSIDE
_________________________________ Dated:

Jeff Johnson, Director of Environmental
Health
APPROVED AS TO FORM:
9 Minh C. Tran
County Counsel
__________________________________ Dated: ___________________________ Caroline K. Monroy, Deputy County Counsel
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
AND

II. TERMS AND CONDITIONS
A. SUMMARY
The CITY requires professional services as described herein from the COUNTY for review of Onsite Wastewater Treatment Systems (OWTS).

B. TERM
The term of this MOU shall be effective on the date it is signed by both parties.

The MOU shall continue in effect for up to 5 five years, or until terminated as outlined in Section IV below.

Inspection/Review of Annual Evaluation for Advanced Treatment Units (ATU):

III. AMENDMENTS
Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the authorized parties.

CITY: COUNTY:

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed

CITY OF LAKE ELSINORE
_________________________________ Dated:

Jason Simpson, City Manager

COUNTY OF RIVERSIDE
_________________________________ Dated:

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: January 10, 2023
Subject: Amendment to the Professional Services Agreement with AdamsStreeter Civil Engineers, Inc. for the Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project #Z10075
Recommendation
Approve and authorize the City Manager to execute an amendment to the Professional Services Agreement with Adam Streeter in an amount not to exceed $70,940 in final form as approved by the City Attorney.

Background
On October 11, 2022, The City Council approved the original Contract in the amount of $145,000 plus an additional 10% contingency for professional design services contract with Adam Streeter Civil Engineers. The original contract scope includes the pedestrian safety improvements along Main Street and design of Information Technology Duct bank/conduits along Main Street between Lakeshore and the I-15 Interchange.

Discussion
Staff is proposing to extend the limits of the IT Utility duct bank/conduits limits by the following segments: like to extend the IT Utility duct bank limits by the following segments:
 Pottery Street between Spring Street and Chestnut Street  Heald Avenue between Langstaff Street and Chestnut Street  Langstaff Street between Heald Avenue and the Public Works Yard The additional IT duct banks will allow the IT Dept. to sync up the server between the Public Works yard and City Hall. It will also provide future we-fi services to a wider area.

PSA with Adams-Streeter

Page 2 of 2 ends

Fiscal Impact
The Fiscal impact of the contract amendment is in the amount of $70,940.00. The cost is allocated under the City’s Measure Z fund.

Attachments
Attachment 1 - Amendment to the Contract
Attachment 2 - Amendment Cost Proposal
Attachment 3 - Original Agreement
AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
Adams-Streeter Civil Engineering, Inc.

Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Z10075
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 1/10/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and Adams-Streeter Civil Engineers, Inc., a Corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/11/2022, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of One Hundred forty-five thousand, eight hundred fifty-five dollars ($145,855.00).

C. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:

1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:

Consultant shall also perform the services described in Consultant’s Addendum No. 1 Proposal (attached to this Amendment No. 1 as Exhibit A-1). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.

2. Section 3, Compensation, of the Original Agreement is hereby amended to add the following:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s A d d e n d u m N o . 1 Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed seventy-one thousand dollars ($71,000.00) without additional written authorization from the City Council. Total compensation for services provided under the Original Agreement and this Amendment No. 1 shall not exceed two hundred sixteen thousand eight hundred fifty-five dollars ($216,855) without additional written authorization from the City Council.

Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
Adams-Streeter Civil Engineering, Inc.

City Manager
Date:

Randal L. Streeter,
President/Principal In-Charge
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
Engr.

Office
2-Man
Survey
Survey
Office
Engr.

Office
2-Man
Survey
Survey
Office
165 265 165 165 265 165

1. Project Management and Coordination 1. Project Management and Coordination a. Project Management, Schedules, Meeting Minutes 16 $2,640 a. Project Management, Schedules, Meeting Minutes $0 b. Design Collaboration and Review Meetings w/ City Staff 20 $650 $435 $4,385 b. Design Collaboration and Review Meetings w/ City Staff 8 $1,320 c. Field Review, Documentation & Assessment of Site Conditions 12 $650 $580 $3,210 c. Field Review, Documentation & Assessment of Site Conditions 8 $1,320 d. Quality Assurance / Quality Control (QA/QC) 12 $1,980 d. Quality Assurance / Quality Control (QA/QC) 12 $1,980 e. Reprographics (Budgeted) $300 e. Reprographics (Budgeted)

2. Information Research, Review & Utility Coordination 2. Information Research, Review & Utility Coordination a. Research and Review As-built / Record Plans 4 $250 $910 a. Research and Review As-built / Record Plans 6 $990 b. Utility Purveyor Notification, Atlas Request & Coordination 20 $3,300 b. Utility Purveyor Notification, Atlas Request & Coordination 8 $1,320 c. Develop Existing Utilities Base Map 20 $3,300 c. Develop Existing Utilities Base Map 20 $3,300

3. Mapping and Initial Field Survey Verifications 3. Mapping and Initial Field Survey Verifications a. Research and Review Record Maps and Documents 8 $1,320 a. Research and Review Record Maps and Documents 8 $1,320 b. Mapping Calculations and Development of Mapping Base for Street Right-of-Way and Centerline 6 30 $5,940 b. Mapping Calculations and Development of Mapping Base for Street Right-of-Way and Centerline 28 $4,620

4. Field Topographic Survey 4. Field Topographic Survey a. Establish Field Controls and Processing 16 6 $5,230 a. Establish Field Controls and Processing 8 2 $2,450 b. Topographic Design Survey and Processing - Intersection and Crosswalk Enhancement Locations 20 10 $6,950 b. Topographic Design Survey and Processing - Intersection and Crosswalk Enhancement Locations $0 c. Topographic Design Survey and Processing - ADA Ramp
Replacement Locations (13) 8 4 $2,780 c. Topographic Design Survey and Processing - Curb & Gutter, CL, pavement for Design of conduits & drainge design 30 14 $10,260

5. Conceptual Plan Development (35% Plans) 5. Conceptual Plan Development (35% Plans) a. Intersection & Crosswalk Enhancement Alternatives
(3 Intersections & 2 Separate Crosswalk Locations) 32 $3,480 $8,760 a. Street Improvement Plan - Address drainage issue at Prospect ST. and curb, gutter, sidewalk and drainage imp. on east side of Main St., south of Prospect St. 24 $3,960
b. Utility Duct Banks, Lateral Branch Laterals, Low Voltage Conduits and Irrigation Sleeves, etc. 60 $1,200 $11,100 b. Utility Duct Banks, Lateral Branch Laterals, Low Voltage Conduits and Irrigation Sleeves, etc. 48 $7,920 c. ADA Ramps (13 Locations) 40 $6,600 c. ADA Ramps (13 Locations) $0 d. Inset Pedestrian Flashing Lights (1 Location) $4,500 $4,500 d. Inset Pedestrian Flashing Lights (1 Location) $0 e. Concept Level Opinion of Probable Construction Cost 6 $450 $500 $290 $2,230 e. Concept Level Opinion of Probable Construction Cost 4 $660 f. Utility Verification via Potholing (Budgeted Amount) $10,000
f. Utility Verification via Potholing (Budgeted Amount, it is not possible to determine the required number of pothole locations prior to preparation of plans) $15,000

6. Final Construction Documents (65%, 95% and 100% PS&E) 6. Final Construction Documents (65%, 95% and 100% PS&E) a. Title Sheet 8 $1,320 a. Title Sheet $0
b. Street Improvement Plan - ADA Ramp Detail Plan
40 $6,600
b. Street Improvement Plan - Address drainage issue at Prospect ST. and curb, gutter, sidewalk and drainage imp. on east side of Main St., south of Prospect St. 32 $5,280
c. Street Improvement Plan - Intersection and Crosswalk Enhancements 80 $2,320 $15,520 c. Street Improvement Plan - Intersection and Crosswalk Enhancements $0 d. Utility Plan - Utility Duct Banks and Branch Laterals, Low Voltage Conduits, Irrigation Sleeves, etc.) 80 $1,400 $14,600 d. Utility Plan - Utility Duct Banks and Branch Laterals, Low Voltage Conduits, Irrigation Sleeves, etc.) 40 $6,600 e. Street Improvement Plan - Inset Pedestrian Lighted Crosswalk Plan 4 $4,500 $5,160 e. Street Improvement Plan - Inset Pedestrian Lighted Crosswalk Plan $0 f. Opinion of Probable Construction Cost (65%, 95%, 100%) 8 $450 $450 $2,220 f. Opinion of Probable Construction Cost (65%, 95%, 100%) 4 $660 g. Specifications (95%, 100%) 24 $450 $450 $4,860 g. Specifications (95%, 100%) 8 $1,320 h. Comment Resolution Matrix (65% & 95% Submittals) 8 $450 $1,770 h. Comment Resolution Matrix (65% & 95% Submittals) 4 $660

7. Bid and Construction Support 7. Bid and Construction Support a. Prebid Meeting & Bidder Request for Clarification & Contract Addenda Issuance 24 $3,960 a. Prebid Meeting & Bidder Request for Clarification & Contract Addenda Issuance $0 b. Preconstruction Meeting, Bid Document Clarifications and Request for Information 24 $450 $4,410 b. Preconstruction Meeting, Bid Document Clarifications and Request for Information $0 548 44 58 $12,800 $4,000 $7,105 $145,855 226 38 52 $0 $0 $0 $70,940 Engr.

Office
2-Man
Survey
Survey
Office
Engr.

Office
2-Man
Survey
Survey
Office
165 265 165 165 265 165

1. Topographic Design Survey and Processing - Cross Gutters at Flint Street and Pottery Street (Optional Item) 2 2 $860 1. Topographic Design Survey and Processing - Cross Gutters at Flint Street and Pottery Street (Optional Item) $0

2. Cross-Gutter Design for Flint Street and Pottery Street 16 $2,640 2. Cross-Gutter Design for Flint Street and Pottery Street $0 3 As-built Drawings 16 $450 $3,090 3 As-built Drawings 12 $1,980

OPTIONAL ITEMS

ITEM DESCRIPTION

ASCE SUBCONSULTANT
TOTAL
FEE
Hourly Rates
UBXR P2S RFA

HOURLY AND FEE BREAKDOWN SUMMARY

MAIN STREET PEDESTRIAN SAFETY IMPROVEMENTS AND INFORMATION TECHNOLOGY INFRASTRUCTURE PROJECT

GRAND TOTAL
Hourly Rates TOTAL

FEE ITEM DESCRIPTION
(Performed By 3rd Party Potholing Company)

ASCE SUBCONSULTANT
UBXR P2S RFA

CONTRACTED SCOPE

HOURLY AND FEE BREAKDOWN SUMMARY

MAIN STREET PEDESTRIAN SAFETY IMPROVEMENTS AND INFORMATION TECHNOLOGY INFRASTRUCTURE PROJECT ADDENDUM NO. 1

ITEM DESCRIPTION

ASCE SUBCONSULTANT
TOTAL
FEE
Hourly Rates
UBXR P2S RFA
(Performed By 3rd Party Potholing Company)

GRAND TOTAL

OPTIONAL ITEMS

ITEM DESCRIPTION

ASCE SUBCONSULTANT
TOTAL
FEE
Hourly Rates
UBXR P2S RFA
Prepared by Adams Streeter Civil Engineers
E.P., SWALE. GUTTER, TOE OF
SLOPE, AC BERM @ 50'

INTERVALS

CURB RAMP,
E.P. & STRIPING,
SWALE
E.P. & STRIPING,

DECORATIVE

LANDSCAPE BANDING
POWER
POLE
CURB & GUTTER, E.P. C.L,
@ 50' INTERVALS

CURB RAMPS, CROSSWALKS, A LITTLE

MORE DETAIL IN THE MIDDLE OF THE
INTERSECTION. MANHOLES, VALVES.

STREET
LIGHTS

C&G, CL, SL, FINGER PLANTER, BW
OR SIDEWALK SHOT. ELECT PULL
BOX

RAMP & PLANTERS,

CROSSWALK SIGN,
PULL BOX. BOLLARDS
FH,L.S.

CURB RAMPS, CROSSWALKS, A LITTLE

MORE DETAIL IN THE MIDDLE OF THE
INTERSECTION. MANHOLES, VALVES.

CURB & GUTTER, E.P. C.L,
B.W. @ 50' INTERVALS
CURB & GUTTER, E.P. C.L,
B.W. @ 25' INTERVALS
CURB & GUTTER, E.P. C.L,
B.W. @ 50' INTERVALS
CURB & GUTTER, E.P. C.L,
B.W. @ 50' INTERVALS

CURB RAMP, WALKWAY,
E.P. & STRIPING, GO OUT
TO 2ND EXPANSION

JOINTS ON SIDEWALKS

CURB RAMPS, WALKWAY,
E.P. & GUTTER
CURB & GUTTER, E.P. C.L,
B.W. @ 50' INTERVALS
CURB & GUTTER, E.P. C.L,
B.W. @ 50' INTERVALS
CURB & GUTTER, E.P. C.L,
B.W. @ 25' INTERVALS
E.P., SWALE. GUTTER B.W. OR
TOE OF SLOPE @ 50' INTERVALS
3 INLETS

C&G, CL, SL, FINGER PLANTER, BW
OR SIDEWALK SHOT. ELECT PULL
BOX

C&G, CL, SL, FINGER PLANTER, BW
OR SIDEWALK SHOT. ELECT PULL
BOX
C&G, CL, L.S., FINGER PLANTER,
BW OR SIDEWALK SHOT. ELECT

PULL BOX
CURB & GUTTER, E.P. C.L,
B.W., SL, PULL BOXES

CURB RAMP, WALKWAY,
E.P. & STRIPING, GO OUT
TO 2ND EXPANSION

JOINTS ON SIDEWALKS

CURB RAMP, WALKWAY,
E.P. & STRIPING, GO OUT
TO 2ND EXPANSION

JOINTS ON SIDEWALKS

CURB RAMP, WALKWAY,
E.P. & STRIPING, GO OUT
TO 2ND EXPANSION

JOINTS ON SIDEWALKS

LOCATE ALL THE MANHOLES
& VALVES ALONG THE ENTIRE

STRETCH OF MAIN STREET

NEED ADDITIONAL

DETAILS AT BRIDGE FOR

CHANNEL CROSSING

ADDITIONAL

LIMITS OF
SURVEY

ADDITIONAL

LIMITS OF
SURVEY

ADDITIONAL

LIMITS OF
SURVEY

ADDITIONAL

LIMITS OF
SURVEY

ADDITIONAL

LIMITS OF
SURVEY

SURVEY TO PROVIDE

INFORMATION AS NEEDED TO

ADDRESS PONDING ISSUE

CURB RAMPS,
E.P. & STRIPING
CURB & GUTTER, E.P. C.L,
@ 50' INTERVALS

ADDITIONAL

LIMITS OF
SURVEY
CURB & GUTTER, E.P. C.L,
@ 50' INTERVALS
STREET

LIGHTS/
POLES
STREET
LIGHTS/POLES s DS

MAIN STREET PEDESTRIAN SAFETY
& INFORMATION TECHNOLOGY PROJE

SURVEYING AND

ENGINEERING

LIMITS OF WORK
12/1/2022

TO BUILDING
CORNER
e42c16b4-ee23-489c-9ceb-3bda7175d316 Page 1

AGREEMENT FOR PROFESSIONAL SERVICES
Adams-Streeter Civil Engineering, Inc.

Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Z10075
This Agreement for Professional Services (the “Agreement”) is made and entered into as of October 11, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Adams-Streeter Civil Engineers, Inc. , a Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

Civil Engineering Design
B. Consultant has submitted to City a proposal, dated September 29, 2022, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.

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c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed One Hundred Forty-Five Thousand, Eight Hundred Fifty-Five dollars ($145,855.00) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

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b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.

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ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.

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ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.

Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Adams-Streeter Civil Engineers, Inc.

Attn: Randal L. Streeter
16755 Von Karman Avenue, Ste 150
Irvine, CA 92606
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18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
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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”
, a
By: Randal L. Streeter
Its: President/Principal In-Charge
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A 10/13/2022 | 10:58 AM PDT
10/13/2022 | 11:03 AM PDT
10/13/2022 | 11:09 AM PDT
10/15/2022 | 11:17 AM PDT
10/17/2022 | 8:17 AM PDT

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
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MAIN STREET PEDESTRIAN SAFETY IMPROVEMENTS

AND INFORMATION TECHNOLOGY

INFRASTRUCTURE
SEPTEMBER 9, 2022

C I T Y O F L A K E E L S I N O R E
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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE

TABLE OF CONTENTS
I. COVER LETTER...........................................................................................................2 II. COMPANY OVERVIEW...............................................................................................3 III. BUSINESS AND SUPPLEMENTAL COMPANY INFORMATION ...............................4 - 5 IV. SUPPORTING SUBCONSULTANT ..........................................................................5 - 6 V. EXPERIENCE AND QUALIFICATIONS OF KEY TEAM PERSONNEL.......................... 7 -8 VI. ORGANIZATIONAL CHART .........................................................................................9 VII. PROJECT UNDERSTANDING............................................................................... 9 - 10 VIII. OBSERVATIONS AND PROJECT TECHNICAL APPROACH ................................. 10 - 13 IX. PROJECT WORK PLAN...................................................................................... 13 - 16 X. COST PROPOSAL / FEE SCHEDULE (Provided Under Separate Cover)....................16 XI. SAMPLE PROJECTS AND REFERENCES............................................................. 16 - 19 DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE I. COVER LETTER
September 29, 2022
City of Lake Elsinore
Attn: Carlos Norvani, Land Development Engineer
130 S. Main Street
Lake Elsinore, CA 92530
SUBJECT: Proposal to Provide Engineering Design Services for the Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Dear Mr. Norvani,
Adams Streeter Civil Engineers appreciates the opportunity to submit our Proposal to the City of Lake Elsinore in response to the City’s Request for Proposal (RFP) to provide engineering design for the Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project. No addendum(s) to the RFP have been received.

Adams Streeter Civil Engineers (ASCE) is a full-service civil engineering and surveying firm that specializes in project delivery for local and regional public agencies, special districts and private developers, and have been providing engineering, surveying and related services for the past forty-one (41) years. We are committed to working seamlessly with your staff and has the expertise, background and resources to assist the City of Lake Elsinore Park in providing the required services in a timely, efficient and cost-effective manner.

This Proposal is made without collusion with any other person, organization or party submitting a proposal and it is in all respects fair and in good faith without collusion or fraud. This Proposal shall remain valid for a period of not less than one hundred twenty (120) calendar days from the date of submittal. The signer of this Proposal has the full authority to bind Adams-Streeter. The point of contact during the proposal evaluation period is as follows:

Mohammad Abadi, P.E., Senior Project Manager
Phone: (949) 474-2330 x231 (O) | (949) 390-0984 (M)
Email: [email protected]
Thank you for this opportunity to be of service to the City of Lake Elsinore. Please don’t hesitate to contact Mr.

Abadi for any questions about any portion of this Proposal during the evaluation period.

Sincerely,
Randal L. Streeter
President / Principal In-Charge
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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE II. COMPANY OVERVIEW

AREAS OF EXPERTISE

C I V I L E N G I N E E R I N G &

L A N D S U R V E Y I N G
___________________________

SELECT AWARDS
HomeAid Orange County & OC
United – Recognition of
Contribution to the OC United
THRIVE Quad Development, 2019
Family Assistance Ministries &
HomeAid Orange County –
Recognition of Contribution to
the Calle Canasta House, 2016
American Society of Civil
Engineers, Orange County
Branch – Land Development
Project of the Year Award for
Lambert Ranch, 2013
American Public Works
Association, Southern California
Chapter – 2016 Storm Water
Quality Project of the Year for
the Glassell Campus LID Retrofit
& Parking Rehabilitation Project
American Society of Civil
Engineers, Orange County
Branch – 2017 Outstanding
Sustainable Engineering Project,
2017.

American Society of Civil
Engineers, Region 9 (CA) – 2010
Outstanding Community
Improvement Project for the
Irvine Ranch Outdoor Education
Center
Orange County Engineering
Council – 2010 Engineering
Project Achievement Award for
the Irvine Ranch Outdoor
Education Center
ADAMS STREETER CIVIL ENGINEERS is a premier civil engineering and surveying firm that specializes in project delivery for local and regional public agencies, special districts and private developers. We are a client-centered, service-oriented small business dedicated to providing exceptional services through thoroughness, rapid turnaround, cost efficiency and quality work.

FIRM BACKGROUND
Adams Streeter is founded
by Jan Adams and Randal
Streeter in 1981, and is
headquartered in Irvine,
California. The firm is a
small business enterprise
with over 41 years of
experience and specializes
in private and publicrealm design through
innovative and costeffective design solutions
for dozens of public
municipalities and private
entities throughout
California. The firm is
currently staffed by
twenty-three employees,
comprising of fourteen
civil engineers and
technicians, six surveyors
and mappers, and three
administrative staff.

F I R M Q U A L I F I C A T I O N S

EXPERIENCE
Parks, Open Space & Trails
Street Beautification,
Improvement, Rehabilitation
Public Facility Improvements
and Renovations
Office and Retail Facilities
Single and Multi-Family
Residential Developments
Urban In-Fill/Mixed-Use
Developments
Affordable Housing
Campus Housing Planning
and Design
Commercial and Industrial
Site Development
Retail Site Development
Public and Commercial ADA
Upgrades

CAPABILITIES
Streetscape and Parking Lots
Parks & Open Space
Low Impact Development,
Stormwater Management
and Water Quality
Hydrology and Hydraulics
Site Development, Planning
and Due Diligence
Site Grading & Earthwork
Site ADA Evaluations &
Improvements
Storm Drainage and Sanitary
Sewer
Domestic and Reclaimed
Water
Plan Check / Plan Review
Boundary Surveys, Land Title
Surveys, Topographic Survey,
Construction Staking, As-built
Surveys and Mapping Services
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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE III. BUSINESS AND SUPPLEMENTAL COMPANY INFORMATION
Company Legal Name: Adams Streeter Civil Engineers, Inc. 16755 Von Karman Avenue, Suite 150
Irvine, CA 92606
Organizational Structure: California “C” Corporation
State Entity Number: C1014113
Certification Small Business Enterprise (Certification No. 59891) Years in Business: 41 Years
Company Officers: Jan A. Adams (Chief Executive Officer), Randal L. Streeter (Secretary), Linda I. Adams (Chief Financial Officer)
Proposal Contact: Mo Abadi: (949) 474-2330 x209; [email protected] Randy Streeter: (949) 474-2330 x203; [email protected] Adams Streeter Civil Engineers (ASCE) is a full-service civil engineering and surveying firm that specializes in project delivery for local and regional public agencies, special districts and private developers and have been providing civil engineering and surveying services in Southern California since 1981 to both our public and private sector clients. ASCE is a California “C” corporation that was incorporated in January 8, 1981 by Jan Adams and Randal Streeter and is a small business enterprise (SBE) based in Irvine, California. Over the last forty-one years of business, the company has earned a reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of work and is one of Orange County’s premier firms for civil engineering and surveying services.

ASCE takes pride in the fact that ninety percent (90%) of our business comes from repeat clientele due in part to our quality of work, competitive prices and our ability to meet deadlines.

ASCE have extensive experience and a proven track record in providing Public Works related services encompassing the civil engineering, survey and mapping fields to various cities, municipalities and districts including, but not limited to the following:

City of Aliso Viejo City of Orange County of Riverside
City of Buena Park Coast Colleges Chino Basin Desalter Authority City of Fullerton Concordia University, Irvine Eastern Municipal Water District City of Garden Grove City of Perris Irvine Ranch Water District City of Hermosa Beach City of Redlands Jurupa Community Services Dist.

City of Huntington Beach City of Riverside Long Beach City College City of Irvine City of Santa Ana Orange County Water District City of La Habra City of San Clemente Riverside County Flood Control & Water Conservation District
City of Lake Elsinore City of San Juan Capistrano Santa Margarita Water District City of Loma Linda City of Tustin Trabuco Canyon Water District City of Mission Viejo City of Villa Park University of California, Bakersfield City of Moreno Valley CALTRANS University of California, Irvine City of Newport Beach County of Orange Vanguard University, Costa Mesa ASCE have also provided services on numerous development and facility improvement-based projects (residential, commercial, industrial) that involves extensive public/municipal support infrastructure improvements to private clients including, but not limited to the following:

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE Amgen Irvine Unified School Dist. Sukut Construction
Armada, LLC John Laing Homes SunCal Companies
Arnel Development Joseph Nicholas Homes Sunrise Communities Artisan Communities K. Hovnanian Companies Taylor Morrison Homes Barratt American Kaufman & Broad The Garrett Group
Baywood Development Keystone Pacific The Irvine Company Boeing Realty Corporation Koll Company The Olson Company Brookfield Homes Lambert Ranch Valeo Companies
CalAtlantic Homes Lennar Communities Warmington Homes
California Pacific Homes Mastercraft Homes William Lyon Homes Centex Homes MBK Homes Catalina Freight Line
Citation Homes Oak Tree Industries Schafer Logistics
Cook Hill Properties O Hill Partners Travis Companies, Inc.

D. R. Horton Homes Pacific Communities Urban Commons
Fieldstone Development Pardee Construction Ferrado
Griffin Communities Pulte Homes Shlemmer Algaze Assoc
Habitat for Humanity Rancho Mission Viejo Co TD Architects, Inc.

Irvine Apt. Communities Red Mountain Retail Group Trico Realty Irvine Community Dev. Richmond American Homes Ware Malcomb Architect California Building &
Maintenance Industries, Inc.

Grand Valley Healthcare
Skilled Nursing Facility
The Irvine Ranch Outdoor Education
Center
Coast to Coast Commercial, LLC Newport Partners, LLC Santa Margarita Ford Irvine Campus Housing Authority
ASCE brings over 41 years of experience working concurrently with public agencies and private entities on projects ranging from site planning/due diligence to infrastructure/facility improvements and is very familiar with the scope of work as provided in the Request for Proposal (RFP). ASCE is well qualified to perform the required work and is confident in our ability to provide exceptional services to the City of Lake Elsinore in a timely and cost-effective manner.

IV. SUPPORTING SUBCONSULTANTS
ASCE have included the following team subconsultant firms to provide additional design support services for the project.

Urban Crossroads, Inc. (UXR) – UXR is a leading provider of traffic, air and noise consulting servicesthat serves both public and private sector clients. URBAN provides a full range of transportation services including Traffic Engineering (i.e. traffic signals, signal warrant studies, roundabouts, signing and striping, and traffic control), Traffic Impact Analysis (i.e. environmental review process, CEQA requirements, conceptual planning/feasibility studies, site plan development & access, trip generation studies, vehicle miles travelled, traffic study reports, parking utilization/demand studies, and traffic mitigation phasing strategies), Circulation Planning (i.e. general plan circulation element / citywide traffic studies) and Modeling & Simulations. Our clients include the Cities of Newport Beach, Menifee, Moreno Valley, Hemet, Lake Elsinore, Rancho Santa Margarita, San Juan Capistrano, Irvine, Indian Wells, Indio, Palm Desert, Rancho Mirage, Banning, Beaumont, Coachella, Huntington Beach, and the towns of Mammoth Lakes and Apple Valley. Address: 260 E. Baker Street, Suite 200, Costa Mesa, CA 92626 | Phone: (949) 660-1994 DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE P2S Engineering, Inc. (P2S) - P2S is a one-stop resource for mechanical, electrical and plumbing (MEP) services, as well as commissioning and low voltage technology engineering.

Founded in 1991, P2S has a long history of client service, sustainable engineering practices and forward-thinking solutions. For 31 years, P2S has brought innovative and sustainable engineering solutions to local Southern California businesses and agencies. We have worked with over 35 different cities throughout the region, finding the right design solutions for their city’s specific needs. P2S has a diverse team consisting of 140+ engineers and technical staff, 30%+ being LEED® certified that has worked with almost every kind of municipal structure, including civic centers, theaters, parks, pools, fire stations and more, and are ready to support the City’s project goals. P2S achieves higher-than-industry-average retention rates for clients and employees and is ranked as one the best places to work in the Los Angeles area by the Los Angeles Business Journal and Best Companies Group for the past five years. Address: 5000 E. Spring Street, Ste. 800, Long Beach, CA 90815 | (562) 497-2999 Richard Fisher Associates (RFA) – RFA is an award-winning, full-service Landscape Architectural firm located in Orange County with 40 years of experience in providing Public Agencies with Professional Landscape Architectural consulting services. The firm has developed its highlyrespected reputation in the public agency sector as a long-term provider of high-quality professional documents and presentations to community participants and City Councils alike. RFA is a specialist in master planning and design, streetscapes and medians, trails and pathways, neighborhood parks, community parks, sports parks, play areas, park renovations and nature interpretive parks. We value our track record of repeat work and believe it speaks not only to our commitment to design excellence, but also to our strong service orientation.

Several of our client relationships encompass the full 40 years the Richard Fisher Associates team has been providing Landscape Architectural Services. Address: 4902 Kron Street, Irvine, CA 92604 | (714) 342-5467 ASCE’s team multi-disciplinary expertise will ensure a comprehensive process from conceptual development phase to the final design phase of the project. Anticipated support roles and responsibility of team subconsultant firms is summarized as follows:

TEAM FIRM & DISCIPLINE PROJECT SUPPORT ROLE / RESPONSIBILITY Urban Crossroads, Inc.
(Traffic Engineering)
Design of inset pedestrian flashing lights / lighted crosswalk system for the existing crosswalk in front of City Hall.

P2S Engineering, Inc.
(Mechanical-ElectricalPlumbing)
Technical advisory to ASCE for work related to utility ducts and electrical systems.

Richard Fisher Associates
(Landscape Architecture)
Technical advisory to ASCE for aesthetics and intersection enhancements inclusive of specialized treatments, material / texture / color selections, and landscape related elements.

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE V. EXPERIENCE AND QUALIFICATIONS OF KEY TEAM PERSONNEL
Key personnel shown below are assigned based upon their experience, qualifications, project management abilities, technical/design competency, and prior experience in performing projects of this nature.

PERSONNEL EXPERIENCE HIGHLIGHTS, EDUCATION AND CERTIFICATIONS Randy Streeter, PE
(Principal-In-Charge)
44 Years
(Civil)
• President and Principal-in-Charge with extensive experience in civil engineering and surveying and licensed to practice both disciplines in the State of California and Arizona.
• Directed numerous City & County engineering and survey projects involving road and utility improvements, public parks, public buildings and low-income housing.
• Bachelor of Science in Civil Engineering Degree, California State University, Long Beach, California (1971); Registered Civil Engineer (CA No. 25083 and AZ No. 25846).

Mohammad Abadi, PE
Sr. Project Manager
38 Years
(Civil)
• Seasoned project manager and technical manager.
• Possesses extensive background and hands-on knowledge in engineering design and construction.
• Extensive technical expertise in Infrastructure Planning and Development encompassing roadway improvements and
rehabilitation, site layout and grading, wet & dry utilities, drainage facilities, hydrology, hydraulics, and water quality. • BS in Civil Engineering, University of California, Irvine, CA. • Registered Civil Engineer (CA RCE 42615).

Felix Gonzalez, PE
Sr. Project Manager
and Director of
Commercial Engr.
31 Years
(Civil)
• Civil engineering management and design for public and private Land Development projects ranging from residential to recreational facilities; commercial property developments and retail/fast-food chains to public utility agencies (SCE). • Well-rounded background in ADA compliance, street and utility improvements, and site grading design.
• BS in Civil Engineering, California State University of Long Beach with emphasis in Water Resources; Registered Civil Engineer (CA No. 67660)
Ana Martinez
Mapping Director
37 Years
(Mapping)
• Experienced mapping professional serving the regions of Orange, Los Angeles, San Bernardino and Riverside counties. • Extensive experience in boundary analysis, Title Report duediligence, Record of Surveys, ALTA surveys, Final Parcel Maps, Tract Maps, Lot Line Adjustments, Easement Rights & Exhibits and Legal Descriptions.
• Rancho Santiago College, County of Orange, California.

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE Key personnel from subconsultant team firms selected to provide the necessary support for the project is shown below as follows.

PERSONNEL EXPERIENCE HIGHLIGHTS, EDUCATION AND CERTIFICATIONS Carleton Waters, PE
Senior Transportation
Engineer
34 Years
(Traffic)
• Extensive experience in traffic signal design, coordinated traffic signal timing, roadway signing and striping,
construction detour, and preparing construction quantity/cost estimates and specifications.
• Background includes expert witness testimony, travel demand forecasting, traffic studies and parking studies.
• BS and MS of Science in Civil engineering, University of California, Irvine.
• Registered Civil Engineer (CA RCE 52916).

Alexander Sassoon, PE,
LEED AP BD+C, WELL
AP
Studio Leader /
Electrical Engineer
7 Years
(Electrical)
• Experienced in electrical renovation and new construction for various universities, hospitals, mission critical, industrial and commercial facilities.
• In-depth knowledge of environmental and electrical systems, including for needs assessments, systems upgrades, new
building and renovation projects.
• A leader in high performance building best practices & sustainable design, and educator in passive design strategies, plug load analysis & control, and daylighting methods & lighting control systems.
• BA in Environmental Studies, Minor in Electrical Engineering, University of California, Santa Cruz; Registered Electrical Engineer (CA REE E22639).

Richard Fisher, RLA,
ASLA
Principal Landscape
Architect
44 Years
(Landscape)
• Extensive experience in private and public landscape
architecture practice including 6 ½ years of public agency experience with the Parks & Recreation Department of the City of Anaheim.
• Expertise include Streetscapes, Parks and Recreation Facility Planning, Capital Improvement Projects, Plan Checking and Inspections, and City services as a Consulting City Project Manager
• BS in Landscape Architecture, California State Polytechnic University (Cal Poly), Pomona, California; Associates of Art, Ornamental Horticulture, Modesto Junior College, Modesto, California; Registered Landscape Architect, CA #1429.

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE VI. ORGANIZATIONAL CHART
A project team organization chart identifying communication and reporting relationships, and key personnel that will perform the work for the project is provided as follows:

ASCE is committed to maintaining the selected personnel for the duration of the project. In the event that substitution or addition in key personnel and/or sub-consultant is necessary due to circumstances that are outside of our control, a written request will be made to the City for the proposed change(s) for consideration and approval.

VII. PROJECT UNDERSTANDING
We understand that the City is seeking a qualified and responsible consultant to provide engineering design services to implement safety improvements and technology infrastructure on Main Street between Lakeshore Drive and the I-15 freeway. The project objectives to implement safety and infrastructure related improvements is inclusive of the following:
• Intersection improvement/enhancements at three (3) locations along Main Street, including for Heald Avenue, Peck Street and Graham Avenue, including for two (2) crosswalks located midblock between Graham and Sulphur Street and at the intersection of Main Street and Sulphur Street. • Safe pedestrian corridor along Main Street between Lakeshore Drive and I-15, inclusive of ADA ramp compliance within the limits of the project and an inset pedestrian flashing lights / lighted crosswalk system for the existing crosswalk in front of City Hall. • Dry utility duct banks along Main Street, Library Street, and Limited Street with lateral conduits to street lights and planters, and irrigation sleeves and low voltage wire conduits.

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE Project plans will be developed in coordination with the City’s Public Works Department and City’s Information Technology Department in consideration of the proposed street rehabilitation work that is provided by the City’s Pavement Rehabilitation Plans, and for the design of the proposed utility duct bank respectively.

VIII. OBSERVATIONS AND PROJECT TECHNICAL APPROACH
A. Intersection and Crosswalk Enhancements: The above-mentioned three (3) intersections and two (2) individual crosswalk locations are all located in the City’s downtown area. All decorative crosswalks at these locations appear to be Bomanite color stamped concrete (or equivalent), each with a painted City logos as illustrated by Figure 1 below. Concrete crosswalk borders are not apparent other than the white painted stripes.

Similar decorative treatments on adjacent sidewalk areas are also observed at these locations, as illustrated by Figure 2 below. The decorative sidewalk areas appear to be actual bonded brickwork, as opposed to the Bomanite color stamped concrete utilized for the crosswalks.

Based on the utility duct banks proposed for the project, portions of the existing decorative crosswalks will need to be removed to accommodate the trenching and excavation required for the installation of Figure 2
Figure 1
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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE the duct banks / conduits. Since it would not be possible to match the existing Bomanite color stamped concrete, new decorative crosswalks are assumed for the project. As such, three (3) design concept alternatives will be developed for the City’s consideration to replace the existing decorative crosswalks.

A comprehensive evaluation and development of concept alternatives for the intersections and individual crosswalk locations will be conducted during the conceptual phase of the project. However, initial assessment of potential alternative suggests the following may potentially be considered for project implementation:

Alternative No. 1: The existing crosswalks can be replaced with new Bomanite or Bomacron color stamped concrete crosswalks that offers a wide array of choices in regards to schemes, textures and colors. However, stamped concrete crosswalks will need to be replaced due to any future emergencies such as a water main break that would necessitate trenching through the crosswalks for repair work.

Since it is not possible to enact repairs to match the existing texturing/patterning and color, the stamped concrete crosswalks within the intersection(s) involved will need to be replaced in its entirety, further increasing costs and impacting commuters and downtown businesses.

Alternative No. 2: Utilize actual bonded brickwork for the crosswalks that complements the existing adjacent decorative sidewalk. A concrete base for the brickwork would be needed for this alternative to provide the necessary support in consideration of vehicle loads. An additional advantage provided by this alternative is that the brickwork may be lifted and reinstalled to accommodate any future utility related repairs, if the need arises. Repairs to the brickwork will be limited to the portions removed due to trenching and repairs, thereby reducing the overall costs and impacts to the traffic and downtown businesses. However, a disadvantage to using the bonded brickwork is that it may be prone to tire thread mark stains cause by vehicles that could become more pronounced over time, and would require periodic maintenance/cleaning to remove the tire marks. A 12” wide concrete curb band will also be utilized to complement the crosswalk and frame the bonded brickwork, negating the need for 12” white crosswalk striping.

Alternative No. 3: Implement interlocking paversfor the crosswalks utilizing a blend of terra cotta colors which complements the adjacent sidewalk area brickwork. The blend of terra cotta colors will also help provide a screening effect against tire thread marks. Similar to the bonded brickwork, the pavers may also be lifted and reinstalled to accommodate any future utility related repairs, if the need arises.

Repairs will be limited to the portions removed due to trenching and repairs, thereby reducing the overall costs and impacts to the traffic and downtown businesses. A 12” wide concrete curb band will also be utilized to complement the crosswalk and frame the bonded interlocking pavers, negating the need for 12” white crosswalk striping.

Additional Considerations: The existing truncated domes for the ADA ramps will be evaluated for aesthetical compatibility based on the concepts developed for the City’s consideration. Extending the decorative treatment beyond the intersection crosswalks to the center of each intersection, including for a more pronounced City logo at the center of each intersection may also be considered. However, the additional implementation and potential future maintenance/repair costs would likely outweigh the potential aesthetical benefits. Decorative crosswalks generally provide greater visibility to pedestrian crossing. However, extending decorative paving to the center of the intersection could negate that visibility whereby the decorative area as a whole can be misconstrued as a pedestrian scramble intersection/crossing. The location and orientation of the City logo in the middle of the intersection where multi-directional vehicle traffic converges may also be a source of distraction to drivers. Additionally, factors such as implementation costs, potential traffic impacts and disruptions to downtown businesses associated with any future intersection and crosswalk repairs suggests that the DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE center of each intersection should remain as asphalt pavement. The City logo imprint should also be maintained at each crosswalk leg to maximize visual impacts to pedestrians, as opposed to drivers.

B. Main Street ADA Ramp Compliance: Existing pedestrian ramps at intersection locations along Main Street between Lakeshore Drive and the Interstate 15 freeway will be reviewed for compliance with the Americans with Disabilities Act (ADA). Initial visual observations of the various ADA ramps are summarized by Table 1 below. Based on the noted observations, up to thirteen (13) ADA ramps are anticipated for replacement and included in the project scope of work. However, potential cross-gutter replacement at Pottery Street and new cross-gutter at Flint Street are included as optional scope items for the City’s consideration.

TABLE 1 – SUMMARY OF MAIN STREET ADA RAMPS
NO. INTERSECTION QUADRANT OBSERVATION/DESCRIPTION ACTION

1. Library Street NW Ex. decorative ramp w/ no
truncated domes.

Verify for compliance and replace
ramp (w/ truncated domes), as
needed (1 ramp).

2. Limited Street NW and SW Ex. ramps w/ truncated domes. None anticipated.

3. Prospect Street NE and SE Ex. ramps w/ truncated domes. None anticipated.

4. Sulphur Street NW and SW Ex. ramps w/ truncated domes. None anticipated.

5. Crosswalk n/o
Sulphur Street
W and E Ex. ramps w/ truncated domes. None anticipated.

6. Graham Avenue NW, SW, NE,
and SE
Ex. (2) ramps w/ truncated
domes at each quadrant.

Evaluate truncated domes for
aesthetic compatibility with prop.
intersection enhancement concepts.

7. Peck Street NW, SW, NE,
and SE
Ex. (2) ramps w/ truncated
domes at each quadrant.

Evaluate truncated domes for
aesthetic compatibility with prop.
intersection enhancement concepts.

8. Heald Avenue NW and NE Ex. ramps w/ truncated domes. Evaluate truncated domes for aesthetic compatibility with prop.
intersection enhancement concepts.

SW and SE Ex. (2) ramps w/ truncated
domes at each quadrant.

Evaluate truncated domes for
aesthetic compatibility with prop.
intersection enhancement concepts.

9. Franklin Street NW, SW, NE,
and SE
Ex. ramp w/ no truncated
domes (dated).

Replace w/ compliant ADA ramp w/
truncated domes (4 ramps).

10. Sumner Avenue NW and NE Ex. ramp w/ truncated domes. None anticipated.

SW and SE Ex. ramp w/ no truncated
domes (dated).

Replace w/ compliant ADA ramp w/
truncated domes (2 ramps).

11. Pottery Street NW, SW, NE,
and SE
Ex. ramps w/ no truncated
domes (dated). NE-SE crossgutter has severe cracks on
north side.

Replace w/ compliant ADA ramp w/
truncated domes (4 ramps). Replace
NE-SE spandrels and cross-gutter as
needed.

12. Flint Street NW and SW Ex. ramp w/ no truncated
domes (dated).

Replace w/ compliant ADA ramp w/
truncated domes (2 ramps).

NE and SE Ex. ramp w/ truncated domes
(newer). Ponding issues noted
@ NE ramp.

None anticipated. A new cross-gutter
across Flint Street may be needed to
address existing ponding issues.

13. I-15 On/Off Ramps NW, SW, NE,
and SE
Ex. ramp w/ no truncated
domes.

None anticipated since ramps are
located within State R/W.

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE C. Inset Pedestrian Flashing Lights: An inset pedestrian flashing light system for the existing crosswalk on Main Street in front of City Hall (immediately north of Sulphur Street) will be implemented as part of the project to create a safe pedestrian corridor along Main Street. Based on the existing pedestrian push buttons (PPBs) and pole mounted solar panels observed at the crosswalk location, it is assumed that a solar powered LED pedestrian crossing flashing sign system is currently in service. If so,the proposed inset pedestrian flashing lightsystem will be integrated into the current system in order to maximize the visual (and audible) impact in order to alert drivers to prepare and stop at the pedestrian crossing. The inset flashing lights offers visibility from a far distance, is bicycle safe and requires little maintenance and will be excellent for mid-block and high-volume downtown area crosswalks.

D. Technology Infrastructure: The dry utility duct banks proposed along Main Street between Lakeshore Drive to the I-5 freeway, Library Street between Main Street and Spring Street, and Limited Street between Main Street and Spring Street represents the City’s planned infrastructure improvements to service future utility needs within the downtown area. As indicated on the RFP’s concept plan attachment, primary duct banks will consist of two 4” conduits for each alignment. Lateral conduits to various street lights and planters along the planned alignment will consist of two 2” conduits for each branch. A single primary duct bank along Main Street from Lakeshore Drive to Prospect Street will transition to two primary parallel duct banks between Prospect Street and the I-15 freeway, to separately serve street lights and planters located on the west and east side of Main Street.

Additionally, a separate 1” conduit for irrigation low voltage wiring is shown between Prospect Street and Graham Avenue on the west side of Main Street, portions of which are shown within existing decorative and non-decorative sidewalk areas. To minimize any unnecessary disturbance to the existing parkway areas that consists of regular and decorative sidewalk areas, tree planters, and other utility facilities, the low voltage conduit could be combined with primary duct bank. The actual alignment, placement and/or composition of duct banks and individual conduit alignments (including for 3” irrigation sleeves) will be determined during the conceptual design phase, in consideration of existing wet and dry utilities along Main Street and corresponding cross streets, and in coordination with the City’s Information Technology Department.

IX. PROJECT WORK PLAN
Administration of design and construction support for the project will generally conform to the Work Plan as follows:

1. Conduct a kick-off meeting with the City’s Public Works Department (and City’s Information Technology Department staff as needed) to establish project requirements, discuss funding, site and other constraints, etc. Present a project work schedule outlining tasks, milestones and critical paths. If DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE applicable, coordinate the project with all other agencies or stakeholders of the project. A monthly status report including any updates to the project work schedule will be provided to the City’s project manager via e-mail, as appropriate.

2. If required, ASCE can assist the City through a team firm to perform an environmental review of the project and prepare a Categorical Exemption (CE) and/or other environmental documentation required to meet the requirements of the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) depending on funding and/or other requirements, as applicable. Environmental work is not anticipated (not listed on the RFP) but may be arranged and provided upon City request as an additional work item.

3. Obtain and review existing City “as-built” plans and record information. Notify, request, obtain and review utility plans (atlas) from utility purveyors to identify type and location of existing dry and wet utilities within the project limits. A request will also be made for information of any planned work intended by utility purveyors within the next 3 years within the project limits. A copy of utility correspondence will be provided to the City, including recommendations for any action, as appropriate.

Prepare an existing utility base plan incorporating all data obtained for the project to support the final design effort.

4. Perform a detailed topographic survey, mapping and field engineering evaluation. Prepare a street base map incorporating all data obtained for the project that will be used as the basis for design of the utility duct banks and other improvements, as applicable. Perform field reconnaissance to ascertain site specific conditions, obtain cultures, etc. The following mapping and surveying related scope of work is assumed for the project:
• Perform mapping research and field survey to obtain right-of-way maps/documents and existing survey controls respectively within the project limits. Intermittent survey points along Main Street to confirm street alignment and widths will be also be performed. Mapping data and field controls obtained will collectively be used to determine / establish the existing rightof-way and street centerlines within the project limits. Perform the necessary mapping computations and develop a mapping base comprising of right-of-way lines and street centerlines. The development of the “paper-boundary” right-of-way for the project will aid in determining if any additional right-of-way would be needed to support proposed improvements. Right-of-way takes are not anticipated for the project at this time so boundary surveys are not included in the scope of work but can be performed as a separate scope of work if needed.
• Perform a topographic survey for the Graham Avenue, Peck Street and Heald Avenue intersections (including adjacent parkway areas), and for the two for crosswalks located midblock between Graham and Sulphur Street and at the intersection of Main Street and Sulphur Street, to support the design of various enhancements at those locations. • Perform a topographic survey of thirteen (13) ADA ramp locations along Main Street as identified on Table 1, inclusive of Library Street (1 ramp), Franklin Street (4 ramps), Sumner Avenue (2 ramps), Pottery Street (4 ramps) and Flint Street (2 ramps) to support the design of ramp replacements. Street light and planter area locations will also be confirmed to support the design of the utility duct banks.
• Topographic survey to support the design of a cross-gutter at Flint Street to mitigate drainage ponding at the NE corner of the intersection, and the reconstruction of an existing cross-gutter at Pottery Street is provided as an optional cost item for the City’s consideration. The City may also elect to incorporate the potential cross-gutter construction/re-construction into the Main Street Pavement Rehabilitation SB-1 Project roadway plans that are prepared by City staff.

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE • Preparation and filing of a Corner Record to the County Surveyor’s office prior to construction in reference to survey monuments/controls subject to disturbance, including for the replacement of any survey markers that is destroyed during construction and submitting corresponding post construction Corner Records to the City and County Surveyor’s office, is assumed to be performed by the Contractor and is not included in the scope of work.

5. Perform a site review and photo document all areas proposed for improvements and/or enhancements.

Existing decorative materials at the involved intersections/crosswalks/sidewalks will be documented to aid in the development of design enhancements. Existing ADA ramps proposed for replacement will be field checked for compliancy as verification of replacement, and site constraints documented for design purposes.

6. Prepare a 35% level-of-completion Conceptual Street Improvement and Utility Plan for the City’s review and consideration prior to preparation of final design plans. The conceptual plan set will generally utilize a 40-scale layout with details illustrated at 20-scale or 10-scale as appropriate, that comprise of the following:
• Preliminary utility duct bank and lateral branch alignments / placements with existing wet/dry utilities, right-of-way line overlays, offset dimensions and other details. Potential conflicts at various utility crossings will be identified and assessed for potential potholing to verify location/depths of existing utilities. A potholing budget has been included in the cost proposal in case determined to be needed during the course of design. • Three (3) design alternatives for the decorative crosswalks and intersections will be developed and presented on the plan set. Visual depictions and material selections of the proposed alternative will either be scanned and incorporated into the plan set, or provided under separate cover as appropriate.
• ADA ramps determined for upgrades and/or removal & replacement will be identified on the plan. A graphical representation of the proposed configuration of ramps being replaced will also be provided for City approval.
• Preliminary layout of the inset pedestrian flashing lights for the existing crosswalk on Main Street in front of City Hall identifying system components, layouts and details. • A conceptual level Opinion of Probably Construction Cost spreadsheet (Engineer’s Estimate) will be prepared based on the conceptual level improvements, including for each individual design alternatives, and included as part of the 35% submittal package.

7. Arrange and conduct a 35% design coordination meeting with City staff to discuss proposed improvements and enhancements provided on the conceptual plan set, including for costs and related items to advance the preparation of final design plans.

8. Prepare a 65% level revised plan set upon receipt of the City’s 35% conceptual design plan check comments. Arrange a design coordination meeting with the City to clarify and confirm required changes prior to resubmit to the City, as necessary. A comment resolution matrix and checked redlines will be provided as part of this resubmittal.

9. Prepare a 95% level bid document package consisting of the final Plans, Specifications and Estimates (PS&E) upon receipt of the City’s 65% design plan check comments. Arrange a design coordination meeting with the City to clarify and confirm required changes prior to resubmit to the City, as necessary.

A comment resolution matrix and checked redlines will be provided as part of this resubmittal.

10. Perform a Quality Assurance/Quality Control (QA/QC) review prior to the 65% and 95% plan resubmittal.

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE

11. Review and incorporate any final City comments and/or any required changes to the final PS&E prior to submittal to the City for bidding purposes.

12. All plan and document submittals to the City will be transmitted electronically to the City and provided in the native file formats of each utilized computer software utilized, including for the AutoCad “DWG”, Adobe “PDF”, Microsoft Word “DOC”, Microsoft Excel “XLS” file formats. Files that are not in electronic format shall be scanned into a commonly used digital format for submission.

13. Provide bid support services including attending the pre-bid meeting and responding to bidder request for clarification concerning the bid package. Prepare responses to bidder’s questions and prepare contract addenda as needed for distribution to prospective bidders. Prepare the pre-bid meeting agenda, if requested.

14. Provide construction support services including preparing the pre-construction meeting agenda, if requested, attending the pre-construction meeting and responding to contractor request for clarification related to the project specifications. Respond to Request for Information (RFI) from contractor during construction, if requested.

X. COST PROPOSAL / FEE SCHEDULE
A total “Not to Exceed” design fee (man-hour and fee estimate) for the project including current Standard Fee Schedule is submitted under separate cover. The pricing and rates provided shall remain valid for the term of the Agreement. We acknowledge that price adjustments and final pricing may be negotiated by the City.

XI. SAMPLE PROJECTS AND REFERENCES
A sampling of relevant projects with corresponding client references that have been completed recently including project description, dates, and client contact information are as provided on the proceeding pages of this proposal.

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE

VERDUGO STREET BEAUTIFICATION PROJECT
CITY OF SAN JUAN CAPISTRANO, California
The Verdugo Street Beautification Project provides an inviting street corridor that creates a sense of arrival for visitors arriving by train, as well as for those parking and walking to restaurants, the movie theatre and shops downtown. The project site is located in the heart of the City’s Historic Town Center by the San Juan Capistrano Metrolink train depot and east of the historic Los Rios district. In realizing the City’s vision for this popular downtown destination, Adams Streeter along with our interdisciplinary team designed a streetscape with reduced street widths and widened sidewalks for a more pedestrian focused experience that can also accommodate sidewalk dining and temporary street closures for special events. The streetscape experience is further enhanced with the use of rolled curbs, decorative sidewalk pavers, crosswalk pavers with color concrete banding accents, street bulbouts, street trees, planter pots, landscape planters, bollards, enhanced street lights and street/pedestrian bistro lighting, and seating. The plaza area stamped concrete at the Metrolink train depot is further enhanced through the use of decorative pavers and with the inclusion of a shade structure, seating, planter area, plaza clock, various Metrolink safety improvements, and for a future digital information display board.

COMPLETED: 2020
CLIENT REFERENCES: CITY OF SAN JUAN CAPISTRANO
• Paul Meshkin, PE, Senior Civil Engineer (PM)
(949) 443-6350, [email protected]
• Joe Parco, PE, City Engineer
(949) 443-6353, [email protected]
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE FY 2019-2020 PAVEMENT REHABILITATION PROJECT

CITY OF VILLA PARK
Adams Streeter recently provided Plans, Specifications, and Estimates (PS&E) for the City of Villa Park to support their annual pavement rehabilitation project that includes residential and collector streets serving residential neighborhoods, schools and commercial establishments. The project generally provides for the removal and replacement of deteriorated street sections, pavement grinding and overlay utilizing asphalt rubber hot mix and fiber reinforcements, replacement of curb, gutter, sidewalk, ADA ramps and drainage improvements. Collector streets programmed as part of this project includes Santiago Boulevard, Serrano Avenue, Rama Street, and Center Street / Valley Drive. Local residential streets include Charter Road, Fleet Road, James Road, Winn circle, Robbie Circle, Janice Circle, Robin Way, Eastwood Circle, Villa Woods Drive, Villa Woods Circle, and Featherhill Drive.

COMPLETED: 2020
CLIENT REFERENCE: CITY OF VILLA PARK
Mahrooz Ilkanipour, PE
17855 Santiago Boulevard
Villa Park, California 92861
(714) 998-1500 | [email protected]

FOOTHILL PARKWAY IMPROVEMENT PROJECT

CITY OF CORONA
Adams Streeter provided the design for the rehabilitation of Foothill Parkway between Marquez Way and the I-5 on/off ramps, and Bedford Canyon Road between Foothill Parkway and Liberty Avenue in the City of Corona. The project was performed in conjunction with the 9.8-acre Foothill Center commercial and retail development which includes a threestory hotel, multiple restaurants, retail facilities, and a gas station. Street improvements for Foothill Parkway include roadway widening, pavement rehabilitation, intersection reconstruction, construction of curb, gutter, sidewalk, and ADA ramps, signal modifications, and pavement delineation.

COMPLETED: 2020
CLIENT REFERENCE: CORNERSTONE
Fred Saedi, President
(206) 919-1527 | [email protected]
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

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MAIN STREET PEDESTRIAN SAFETY AND INFORMATION TECHNOLOGY INFRASTRUCTURE

SPRING STREET & EL CAMINO REAL ADA IMPROVEMENTS

CITY OF SAN JUAN CAPISTRANO
The San Juan Elementary School located at 31642 El Camino Real serves over 700 kindergarteners through 5th grade students. The elementary school is located in close proximity to a number of prominent attractions and landmarks in the City of San Juan Capistrano including for the Mission San Juan Capistrano, the Mission Basilica, the Inn at the Mission San Juan Capistrano, the San Juan Capistrano Library, the Capistrano Union High School, and the Los Rios Historic District. The combined student and visitor pedestrian traffic to the area is significant and necessitate certain infrastructure improvements to be constructed to ensure pedestrian safety and promote safe routes to school.

To ensure a clear and compliant ADA path of travel, Adams Street provided the design to facilitate the re-grading of the El Camino Real and Spring intersection to accommodate new ADA ramps and crosswalks in front of the school. As part of the intersection improvements, a street chicane on the west side of El Camino Real to narrow the street and widen the decorative sidewalk is provided to accommodate an ADA-compliant path of travel amidst various obstructions posed by existing surface utility facilities. Existing surface drainage issues at the intersection was also addressed without the use of storm drains. Other improvements implemented as part of this project includes the replacement of two incompliant ADA ramps at the El Camino Real and Ortega Highway intersection, school driveway reconstruction, removal/relocation of an existing school crosswalk, on-street parking reconfiguration, and pavement resurfacing.

Preparation of legal description and exhibits was also performed to accommodate the placement of ADA ramp by the elementary school. Design and construction of this project was funded through the Community Development Block Grant (CDBG) Program.

Prior to Construction
Post-Construction
Post-Construction
Post-Construction
COMPLETED: 2022
CLIENT REFERENCES: CITY OF SAN JUAN CAPISTRANO
• Paul Meshkin, PE, Senior Civil Engineer
(949) 443-6350, [email protected]
• George Alvarez, PE, Project Manager
(949) 493-1171, [email protected]
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

FEE PROPOSAL
Project Name:

PROFESSIONAL ENGINEERING DESIGN SERVICES FOR

MAIN STREET PEDESTRIAN SAFETY IMPROVEMENTS

AND INFORMATION TECHNOLOGY
PROJECT NO. Z10059
Prepared for:

CITY OF LAKE ELSINORE
Attn: Carlos Norvani
Land Development Engineer
130 S. Main Street
Lake Elsinore, California 92530
September 29, 2022
Prepared by:

Adams-Streeter Civil Engineers
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A Engr.

Office
2-Man
Survey
Survey
Office
165 265 165

1. Project Management and Coordination
a. Project Management, Schedules, Meeting Minutes 16 $2,640 b. Design Collaboration and Review Meetings w/ City Staff 20 $650 $435 $4,385 c. Field Review, Documentation & Assessment of Site Conditions 12 $650 $580 $3,210 d. Quality Assurance / Quality Control (QA/QC) 12 $1,980 e. Reprographics (Budgeted) $300

2. Information Research, Review & Utility Coordination
a. Research and Review As-built / Record Plans 4 $250 $910 b. Utility Purveyor Notification, Atlas Request & Coordination 20 $3,300 c. Develop Existing Utilities Base Map 20 $3,300

3. Mapping and Initial Field Survey Verifications
a. Research and Review Record Maps and Documents 8 $1,320 b. Mapping Calculations and Development of Mapping Base for Street Right-of-Way and Centerline 6 30 $5,940

4. Field Topographic Survey
a. Establish Field Controls and Processing 16 6 $5,230
b. Topographic Design Survey and Processing - Intersection and Crosswalk Enhancement Locations 20 10 $6,950
c. Topographic Design Survey and Processing - ADA Ramp
Replacement Locations (13) 8 4 $2,780

5. Conceptual Plan Development (35% Plans)
a. Intersection & Crosswalk Enhancement Alternatives
(3 Intersections & 2 Separate Crosswalk Locations) 32 $3,480 $8,760 b. Utility Duct Banks, Lateral Branch Laterals, Low Voltage Conduits and Irrigation Sleeves, etc. 60 $1,200 $11,100 c. ADA Ramps (13 Locations) 40 $6,600
d. Inset Pedestrian Flashing Lights (1 Location) $4,500 $4,500 e. Concept Level Opinion of Probable Construction Cost 6 $450 $500 $290 $2,230 f. Utility Verification via Potholing (Budgeted Amount) $10,000

6. Final Construction Documents (65%, 95% and 100% PS&E) a. Title Sheet 8 $1,320
b. Street Improvement Plan - ADA Ramp Detail Plan 40 $6,600 c. Street Improvement Plan - Intersection and Crosswalk Enhancements 80 $2,320 $15,520
d. Utility Plan - Utility Duct Banks and Branch Laterals, Low Voltage Conduits, Irrigation Sleeves, etc.) 80 $1,400 $14,600
e. Street Improvement Plan - Inset Pedestrian Lighted Crosswalk Plan 4 $4,500 $5,160
f. Opinion of Probable Construction Cost (65%, 95%, 100%) 8 $450 $450 $2,220 g. Specifications (95%, 100%) 24 $450 $450 $4,860
h. Comment Resolution Matrix (65% & 95% Submittals) 8 $450 $1,770

7. Bid and Construction Support
a. Prebid Meeting & Bidder Request for Clarification & Contract Addenda Issuance 24 $3,960
b. Preconstruction Meeting, Bid Document Clarifications and Request for Information 24 $450 $4,410
548 44 58 $12,800 $4,000 $7,105 $145,855

HOURLY AND FEE BREAKDOWN SUMMARY

MAIN STREET PEDESTRIAN SAFETY IMPROVEMENTS AND INFORMATION TECHNOLOGY INFRASTRUCTURE PROJECT

GRAND TOTAL
Hourly Rates
TOTAL
FEE

ITEM DESCRIPTION
(Performed By 3rd Party Potholing Company)
ASCE

SUBCONSULTANT
UBXR P2S RFA
Prepared by Adams Streeter Civil Engineers
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

CIVIL ENGINEERING SERVICES
Principal .................................................................................................................................................. $210.00/hour Project Director ................................................................................................................................... $185.00/hour Project Manager ................................................................................................................................. $165.00/hour Project Engineer ................................................................................................................................. $145.00/hour CADD Designer / Technician ........................................................................................................ $125.00/hour Clerical / Word Processing ............................................................................................................... $65.00/hour

SURVEYING AND MAPPING SERVICES
2-Man Survey Crew (Field) * ........................................................................................................ $265.00/hour 1-Man Survey Crew (Field) * .......................................................................................................... $230.00/hour Survey Office / Mapper .................................................................................................................. $165.00/hour * Prevailing Wage Rates.

REIMBURSABLE EXPENSES
All out of pocket expenses, such as filing and plan check fees, permit fees, delivery service, reproduction printing, and other project expenses will be extra and invoiced at our direct cost.

MILEAGE
Mileage will be invoiced at the IRS standard mileage rate for 2022.

ADAMS STREETER CIVIL ENGINEERS
2022 PROFESSIONAL FEE SCHEDULE
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A Adams Streeter
September 9, 2022

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15150-01 Inset Pedestrian Flashing Lights UC Proposal
EXHIBIT C - BILLING RATES FOR URBAN CROSSROADS, INC.

Position Hourly Rates
Principal $205-275
Senior Associate $150-220
Associate $110-170
Senior Analyst $105-135
Analyst $70-105
Assistant Analyst $60-115
Administrative Support $65-105
General
(1) Reimbursable direct costs, such as reproduction, supplies, and messenger service will be billed at cost.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime work, the above rates may be increased 50 percent. (3) Monthly billing statements are due within thirty (30) days of receipt.

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A P2S INC.

RATE SCHEDULE FOR ENGINEERING SERVICES ON A

TIME AND EXPENSE BASIS
Category Rate
PRINCIPAL ENGINEER $329
ENGINEER GRADE 05 $276
ENGINEER GRADE 04 $267
ENGINEER GRADE 03 $229
ENGINEER GRADE 02 $211
ENGINEER GRADE 01 $187
DESIGN ENGINEER GRADE 05 $229
DESIGN ENGINEER GRADE 04 $211
DESIGN ENGINEER GRADE 03 $187
DESIGN ENGINEER GRADE 02 $166
DESIGN ENGINEER GRADE 01 $147
DESIGNER GRADE 04 $157
DESIGNER GRADE 03 $147
DESIGNER GRADE 02 $135
DESIGNER GRADE 01 $129
CAD/BIM DESIGNER GRADE 04 $130
CAD/BIM DESIGNER GRADE 03 $118
CAD/BIM DESIGNER GRADE 02 $105
CAD/BIM DESIGNER GRADE 01 $96
COMMISSIONING GRADE 05 $276
COMMISSIONING GRADE 04 $239
COMMISSIONING GRADE 03 $204
COMMISSIONING GRADE 02 $163
COMMISSIONING GRADE 01 $140
PROJECTASSISTANT $96
In addition, for direct out-of-pocket expenses (if and when they occur) we quote the following:
1) Automobile: at current IRS rate per mile from home office for travel outside Los Angeles, Orange, San Diego, San Bernardino, Riverside & King counties
2) Travel Expense: at Cost
3) Subsistence: While away from home office for more than 1 day: at Cost, but not to exceed $250 per day per person.
4) Plan Check Fees: at Cost plus 10% markup
5) Third Party Services: at Cost plus 10% markup
• Printing and copy services
• Consultant and subcontract professional fees
• Surveying / Soils Investigation
• Testing Laboratory Work

LIABILITY LIMITS
Professional Liability $ 2,000,000.

General Liability $ 5,000,000.

Effective January 1, 2022 – December 31, 2022
RT-222
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A RICHARD FISHER ASSOCIATES – LANDSCAPE ARCHITECTS
Principal Project Manager $145.00
Project Landscape Architect $110.00
Senior Designer $86.00
CADD Operator $86.00
Designer $70.00
Word Processor $60.00
Reimbursable at cost plus 15%
Sub Consultants at cost plus 15%
Mileage at $0.51 (or equivalent to the IRS Standard Mileage Rate DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
8/18/2022
License # 0E67768
(619) 574-6223 50203 (619) 574-6288
13056
Adams Streeter Civil Engineers, Inc. dba Southern California Surveying, Inc.
16755 Von Karman, Suite 150
Irvine, CA 92606
37540
A 1,000,000
X X PSB0001237 9/1/2022 9/1/2023 1,000,000
Cont Liab/Sev of Int 10,000
1,000,000
2,000,000
2,000,000
Ded 0
A 1,000,000
X X PSA0001063 9/1/2022 9/1/2023
Comp.: $500 Coll.: $500
A 3,000,000
PSE0001201 9/1/2022 9/1/2023 3,000,000
0 A
X PSW0001554 9/1/2022 9/1/2023 1,000,000
1,000,000
1,000,000
B Professional Liab. V21EE9220501 2/13/2022 Per Claim 2,000,000 B Ded.: $40k Per Claim V21EE9220501 2/13/2022 2/13/2023 Aggregate 4,000,000 Re: All Operations
City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation in favor of the Additional Insureds.
30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions.

City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
ADAMSTR-01 MCCOWANA
IOA Insurance Services
4370 La Jolla Village Drive
Suite 600
San Diego, CA 92122
Dana Schwartz
[email protected]
RLI Insurance Company
Beazley Insurance Company, Inc
X
2/13/2023
X
X
X
X
X
X X
X
X
X
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A Policy Number: RLI Insurance Company
Named Insured:

PPA 300 03 13 Page 1 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® BUSINESS AUTO ENHANCEMENT

SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair – Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage – Loss Of Use
L. Hired Car – Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition – Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PSA0001063
Adams Streeter Civil Engineers, Inc.

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A PPA 300 03 13 Page 2 of 5
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:

Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-iness Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days following
the acquisition or formation of the business entity.

This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.

B. Employees As Insureds
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:

Any “employee” of yours is an “insured” while using a
covered “auto” you don't own, hire or borrow in your
business or your personal affairs.

C. Blanket Additional Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:

Any person or organization that you are required to
include as an additional insured on this coverage form
in a contract or agreement that is executed by you
before the “bodily injury” or “property damage” occurs
is an “insured” for liability coverage, but only for
damages to which this insurance applies and only to
the extent that person or organization qualifies as an
“insured” under the Who Is An Insured provision
contained in SECTION II – COVERED AUTOS
LIABILITY COVERAGE.

The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insured’s own business auto coverage if
you are required to do so in a contract or agreement
that is executed by you before the “bodily injury” or
“property damage” occurs.

D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5.

Transfer Of Rights Of Recovery Against Others
To Us:

We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any “accident” or
“loss”, provided that the “accident” or “loss” arises out of the operations contemplated by such contract. The
waiver applies only to the person or organization
designated in such contract.

E. Employee Hired Autos

1. The following is added to the SECTION II –

COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:

An “employee” of yours is an “insured” while
operating an “auto” hired or rented under a
contract or agreement in that “employee's” name,
with your permission, while performing duties
related to the conduct of your business.

2. Changes In General Conditions:

Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
“autos” you own:
(1) Any covered “auto” you lease, hire, rent
or borrow; and
(2) Any covered “auto” hired or rented by
your “employee” under a contract in that
individual “employee's” name, with your
permission, while performing duties
related to the conduct of your business.

However, any “auto” that is leased, hired,
rented or borrowed with a driver is not a
covered “auto”.

F. Fellow Employee Coverage
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.5. does not apply if you
have workers compensation insurance in-force
covering all of your employees.

G. Auto Loan Lease Gap Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition of
the following:

In the event of a total “loss” to a covered “auto” shown in the Schedule of Declarations, we will pay any
unpaid amount due on the lease or loan for a covered
“auto”, less:

1. The amount paid under the PHYSICAL
DAMAGE COVERAGE section of the policy; and

2. Any:
a. Overdue lease/loan payments at the time of
the “loss”;
DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A PPA 300 03 13 Page 3 of 5
b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage.
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.

H. Glass Repair – Waiver Of Deductible
SECTION III – PHYSICAL DAMAGE COVERAGE,
D. Deductible is amended by adding the following:

No deductible for a covered “auto” will apply to glass
damage if the glass is repaired rather than replaced.

I. Personal Effects Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
c. Personal Effects Coverage
In the event of a total theft loss of your covered
“auto” we will pay up to $400 for “loss” to wearing
apparel and other personal effects which are:
(1) Owned by an “insured”; and
(2) In or on your covered “auto”;
No deductible applies to Personal Effects
Coverage.

J. Hired Auto Physical Damage Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
d. Hired Auto Physical Damage Coverage
If hired “autos” are covered “autos” for Liability
Coverage and this policy also provides Physical
Damage Coverage for an owned “auto”, then the
Physical Damage Coverage is extended to
“autos” that you hire, rent or borrow subject to the
following:
(1) The most we will pay for “loss” in any one
“accident” to a hired, rented or borrowed
“auto” is the lesser of:
(a) $60,000
(b) The actual cash value of the damaged or
stolen property as of the time of the
“loss”; or
(c) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
(2) An adjustment for depreciation and physical
condition will be made in the event of a total
“loss”.
(3) If a repair or replacement results in better
than like kind or quality, we will not pay for the
betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
auto will apply.
(5) This Coverage Extension will not apply to:
(a) Any “auto” that is hired, rented or
borrowed with a driver; or
(b) Any “auto” that is hired, rented or
borrowed from your “employee”.

K. Hired Auto Physical Damage – Loss Of Use
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
e. We will pay sums which you legally must pay to
the lessor of a covered “auto” which you have
leased without a driver for thirty (30) days or less
for the lessor’s loss of use of the covered “auto”,
provided:
(1) This insurance provides comprehensive,
specified causes of loss or collision covered
on the covered “auto”;
(2) The loss of use results from the covered
“auto” being damaged in an “accident” while
you are leasing it.

We will pay up to a maximum limit of $1,500 for
this covered extension.

L. Hired Car – Worldwide Coverage
The following is added to SECTION II – COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
f. Hired Car – Worldwide Coverage
(1) We will pay all sums an “insured” legally must
pay as damages because of “bodily injury” or
“property damage” to which this insurance
applies, caused by an “accident” which
occurs outside of the United States of
America, the territories and possessions of
the United States of America, Puerto Rico
and Canada resulting from the maintenance,
or use of any covered “auto” of the private
passenger type you lease, hire, rent or
borrow without a driver for thirty (30) days or
less.
(2) With respect to any claim made or “suit”
instituted outside the United States of
America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A PPA 300 03 13 Page 4 of 5
(a) You shall undertake the investigation,
settlement and defense of such claims
and “suits” and keep us advised of all
proceedings and actions.
(b) You will not make any settlement without
our consent.
(c) We will reimburse you:
(i) For the amount of damages because of liability imposed upon you by law on account of “bodily injury” or
“property damage” to which this
insurance applies, and
(ii) For all reasonable expenses incurred
with our consent in connection with
the investigation, settlement or
defense of such claims or “suits”.

Reimbursement for expenses will be
part of the Limit of Insurance for
liability coverage shown in the
Business Auto Coverage
Declarations, and not in addition to
such limits.
(3) The limit of Insurance for Liability Coverage
shown in the Business Auto Coverage
Declarations is the most we will reimburse
you for the sum of all damages imposed on
you, as set forth in paragraph 2.c. above, and
all expenses incurred by you arising out of
any single “accident” or “loss”.
(4) You must maintain the greater of the following primary auto liability insurance limits:
(a) Compulsory admitted insurance with
limits required to be in force to satisfy the
legal requirements of the jurisdiction
where the accident occurs; or
(b) Insurance limits required by law and
issued by a government entity or by an
insurer licensed or permitted by law to do
business in the jurisdiction where the
“accident” occurs; or
(c) Auto liability insurance limits of at least
$300,000 combined single limit or
$100,000 per person/$300,000 per accident Bodily Injury, $100,000 Property Damage.

If you fail to comply with the above, this
insurance is not invalidated. However, in the
event of a “loss”, we will pay only to the extent
that we would have been liable had you so
complied.
(5) The insurance provided by this coverage
extension is excess over any other collectible insurance available to you whether on a primary, excess contingent or any other
basis.

M. Temporary Transportation Expenses
SECTION III – PHYSICAL DAMAGE COVERAGE,
A.4. Coverage Extensions, subparagraph a.

Transportation Expenses is deleted and replaced
by the following:
a. Transportation Expenses
(1) We will pay up to a maximum of $1,500 for
temporary transportation expense incurred
by you because of Physical Damage to a
covered “auto”.
(2) We will pay only for those covered “autos” for
which you carry Comprehensive, Colli-sion or
Specified Case of Loss Coverage.
(3) We will pay only for those expenses incurred
by you during the period of time that begins
twenty-four (24) hours after the covered
“loss” and ends at the time when the covered
“auto” can be reasonable repaired or
replaced.
(4) This coverage does not apply while there are
spare or reserve “autos” available to you for
your operations.

N. Amended Bodily Injury Definition – Mental
Anguish
The following is added to SECTION V –
DEFINITIONS, Definition C.:
“Bodily injury” also includes mental anguish, but only
when the mental anguish arises from other bodily
injury, sickness or disease.

O. Airbag Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE B. Exclusions 3.a.:

However, this exclusion will not apply to accidental
discharge of an airbag due to mechanical or electrical
breakdown.

P. Amended Insured Contract Definition – Railroad
Easement
SECTION V – DEFINITIONS paragraph H. “Insured
contact” is modified as follows:

1. Paragraph H.3. is replaced by the following:

3. Any easement or license agreement.

2. Paragraph H.6.a. is deleted.

Q. Coverage Extensions – Audio, Visual And Data
Electronic Equipment Not Designed Solely For
The Production Of Sound
SECTION III – PHYSICAL DAMAGE COVERAGE B.

Exclusions, exception paragraph a. to exclusion 4.c.
and 4.d. is deleted and replaced with the following:

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A PPA 300 03 13 Page 5 of 5
a. Equipment and accessories used with such
equipment, except for tapes, records, discs or
other electronic media device, provided such
equipment is permanently installed in the covered
“auto” at the time of the “loss” or is removable
from the housing unit which is permanently
installed in the covered “auto” at the time of the
“loss”, and such equipment is designed to be
solely operated by use of the power from the
“autos” electrical system, in or upon the covered
“autos”; or
R. Notice Of And Knowledge Of Occurrence
SECTION IV – BUSINESS AUTO CONDITIONS,
A.2. Duties In The Event Of Accident, Claim Suit
Or Loss, subparagraph a. is deleted and replaced
with the following:
a. In the event of “accident”, claim, “suit” or “loss”, you must give us or our authorized representative prompt notice of the “accident” or “loss” including:
(1) How, when and where the “accident” or “loss”
occurred;
(2) The “insured’s” name and address; and
(3) To the extent possible, the names and
addresses of any injured person and
witnesses.

Your duty to give us or our authorized
representative prompt notice of the “accident” or
“loss” applies only when the “accident” or “loss” is
known to:
(1) You, if you are an individual;
(2) A partner if you are a partnership; or
(3) An executive officer or insurance manager, if
you are a corporation.

S. Unintentional Errors Or Omissions
SECTION IV – BUSINESS AUTO CONDITIONS, B.

General Conditions; 2. Concealment Misrepresentation Or Fraud is amended by adding the following:

The unintentional omission of, or unintentional error
in, any information given by you shall not prejudice
your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or
nonrenewal.

T. Towing Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
A.2. Towing, is deleted and replaced by the
following:

2. We will pay up to $750 for towing and labor costs
incurred each time a covered “auto” is disabled
due to a covered cause of loss. However:
a. All labor must be performed at the place of
disablement; and
b. If the covered auto is a private passenger
type no deductible applies; and
c. If the covered auto is not of the private
passenger type our obligation to pay will be
reduced by a $250 deductible per
disablement.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
16755 VON KARMAN, SUITE 150 Business Type:

IRVINE, CALIFORNIA 92606
ADAMS STREETER CIVIL ENGINEERS, INC.
16755 VON KARMAN, SUITE 150
IRVINE, CALIFORNIA 92606
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
ADAMS STREETER CIVIL ENGINEERS, INC.

ADAMS STREETER CIVIL ENGINEERS, INC.

PROFESSIONAL/ENGINEERS
026658
2/24/2022 2/28/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 77487BAE-44C8-409B-AA2C-20BDDF80707A

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: January 10, 2023
Subject: Professional Services Agreement for On-call Surveying and Mapping Recommendation
Approve and authorize the City Manager to execute the Professional Services Agreement with Guida Surveying Inc. not to exceed the amount of $100,000 to provide on-call surveying and mapping services in such final form as approved by the City Attorney.

Background
The Engineering Department of the City of Lake Elsinore has a need for an on-call surveying firm to perform specialized tasks with regards to surveying and mapping. The need for these services is dependent on availability of various project that may require their expertise.

Discussion
Guida Surveying Inc. will provide on-call surveying services. The services will include but are not limited to project control, topographic mapping, right of way mapping, record of survey, and utility mapping. Guida Surveying Inc. will have a contract amount of not-to-exceed $100,000. The length of the contract will be 2 years, with up to additional twelve (12) month renewal terms subject to review by the City Manager.

Fiscal Impact
Fiscal Impact from this agreement is included in the City’s adopted CIP projects.

Attachments
Attachment 1 - Professional Services Agreement

Page 1 ends

AGREEMENT FOR PROFESSIONAL SERVICES
Guida Surveying, Inc.

ON-CALL SERVICES
This Agreement for Professional Services (On-Call) (the “Agreement”) is made and entered into as of January 10, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and Guida Surveying, Inc., a corporation (the “Consultant”).

RECITALS
A. The City has determined that it requires the following services:

On-call surveying and mapping.

B. The City has prepared a request for a proposals and Consultant has submitted to City a proposal, dated January 3, 2023, both of which are attached hereto as Exhibit A (collectively, the "Consultant's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services and related work described in Consultant's Proposal (Exhibit A). Consultant shall provide such services and related work at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Consultant acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.

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 services and related work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Consultant's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule. Consultant shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.

Page 2 ends

c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 10, 2023 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 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.

Consultant hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Consultant acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed one hundred thousand dollars ($100,000.00) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this

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Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.

7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Consultant or provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Consultant shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period

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required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.

9. Independent Consultant.
a. Consultant is and shall at all times remain as to the City a wholly independent Consultant pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Interests of Consultant. Consultant (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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12. Ability of Consultant. City has relied upon the 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 personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent Consultants in Consultant's field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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16. Insurance Requirements .
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent Consultants, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,

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its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

Attn: Bernie McInally
380 State Place
Escondido, CA 92029

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18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Consultant.

Consultant shall be fully responsible to City for all acts or omissions of any subcontractors.

Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-

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payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

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.

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
“CONSULTANT”
Guida Surveying Inc., a Corporation

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City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
By: Bernie McInally
Its: Executive Vice President
Attachments: Exhibit A – Consultant’s Proposal

EXHIBIT A

CONSULTANT'S PROPOSAL
[ATTACHED]
ORANGE COUNTY OFFICE | 220 Commerce, Suite 150, Irvine, CA 92602 OFFICE (949) 777-2000
WWW.GUIDA INC .COM
January 3rd, 2023
Remon Habib
City of Lake Elsinore
City Engineer
130 South Main St.

Lake Elsinore, CA 92530
Subject: Letter of Commitment to the City of Lake Elsinore for On-Call Surveying Services Dear Mr. Habib,
Guida Surveying Inc. would be pleased to provide on-call survey services to the City of Lake Elsinore. We agree to fully commit our resources, as needed, to successfully complete our tasks in a timely and efficient manner.

We look forward to working with City of Lake Elsinore on this opportunity. If you have any questions, please contact the undersigned.

Sincerely,
Bernie McInally
Principal, Executive Vice President
949.777.2041
[email protected]

SOU THE RN C ALI FOR NI A L OCAT ION S
LOS ANGELES 444 W Ocean Blvd, Suite 800, Long Beach, CA 90802| ORANGE COUNTY 9241 Irvine Blvd, Suite 100, Irvine, CA 92618 INLAND EMPIRE 3536 Concours, Suite 201, Ontario, CA 92408 | SAN DIEGO 380 State Place, Escondido, CA 92029 W W W . G U I D A I N C . C O M
GUIDA 2022 Southern California Standard Rates (RG 20220518).docx CITY OF LAKE ELSINORE | SURVEY AND MAPPING RATE SHEET
Rates effective on the execution date of the contract

HOURLY RATES

L A B O R D E S C R I P T I O N H O U R L Y R A T E
Principal $260.00
Senior Project Manager $235.00
Project Manager $210.00
Senior Project Surveyor $195.00
Project Surveyor $185.00
Senior Survey Analyst $165.00
Survey Analyst $145.00
Survey Technician $125.00
Project Coordinator $125.00
Survey Intern $85.00
Field Survey Rates by Prevailing Wage Classification*
1-Person Survey Crew $205.00
2-Person Survey Crew $330.00
3-Person Survey Crew $465.00
*1-, 2- and 3-person survey crews are inclusive of survey vehicles, conventional and GPS survey equipment, and associated survey tools, safety equipment, etc.

MINIMUM HOURLY CHARGE (PREVAILING WAGE ONLY)
Office classifications will be billed based on the hours worked, no minimum hourly charge. Field classifications will be billed on an hourly basis with a minimum of 4, 6, and 8 hours in accordance with prevailing wage requirements.

ESCALATION
Rates will escalate annually on the anniversary of the contract's execution.

OVERTIME
Straight time will be billed for all work performed on-site up to 8 hours each day, Monday through Friday. Overtime will begin after 8 hours, Monday through Friday and on Saturdays. Double time will begin after 12 hours and on Sundays and holidays. The overtime/double labor rates will include:

Overtime (on-site over 8 hours Mon-Fri and Sat) 1.5 times the hourly base rate Sundays and Holidays 2.0 times the hourly base rate
Nighttime Non-Overtime 1.5 times the hourly base rate

OTHER DIRECT COSTS

1. Reimbursable costs including but not limited to delivery or messenger fees, reproduction costs, agency fees, permits, title company fees, etc., shall be billed at cost plus 15% markup.

2. Mileage will be billed at the approved IRS rate.

3. Subconsultant fees shall be billed at cost plus 15% markup

4. Costs related to specialty survey requirements, (i.e., traffic control, specialty y equipment, etc.) will be billed at cost plus 15% markup.

5. Expenses for any special equipment and/or requests shall be at the approval of the client.

GUIDA SURVEYING, INC. | SAN DIEGO COUNTY OFFICE
380 STATE PLACE, ESCONDIDO, CA 92029
WWW.GUIDAINC.COM

PROPOSAL
City of Lake Elsinore, CA
Topographic Mapping for City Hall Project
TASK 1 PROPOSAL
03LTR22-063 PRO REV01.DOCX 2
BAY AREA | 4695 CHABOT DRIVE, SUITE 115, PLEASANTON, CA 94588 OFFICE (925)398-0805 | TOLL FREE 855-90GUIDA
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December 20, 2022 03LTR22-063
Yu Tagai, PE
Senior Civil Engineer
City of Lake Elsinore
[email protected]
PROPOSAL FOR: Topographic Mapping for City of Lake Elsinore City Hall Project Dear Yu,
Guida Surveying, Inc. (Guida) appreciates the opportunity to submit our proposal for the project referenced above. We have carefully and thoughtfully reviewed your request and have developed the following Scope of Work (Exhibit A) and Schedule and Fee (Exhibit B).

Founded in 1988 and incorporated in 1995, Guida has solely provided land surveying and mapping services to teaming partners throughout California. We take great pride in employing professional land surveyors who are flexible, innovative, easy to work with, and dedicated to ensuring every relationship we develop with our clients starts with a foundation of trust and quality work. Our team brings a depth of expertise managing and serving on hundreds of local projects. This experience has led to the development and implementation of a proven project management process that helps to expedite work and allow a timely completion on budget. When it comes to surveying methods, Guida utilizes a blend of traditional methodologies with new and innovative technologies for the creation and delivery of the best and most accurate work products possible. We are constantly looking for new ways to utilize new equipment and software to help solve complex survey challenges. It is our goal to make your life easier by providing well-managed and well-delivered projects.

Guida is a certified Small Business Enterprise (Department of General Services) as well as certified Woman Owned Business Enterprise (California Public Utilities Commission). The firm is registered with the Department of Industrial Relations under DIR #1000006862 and is signatory to a collective bargaining agreement with the International Union of Operating Engineers, Local 12 and Local 3.

The following Guida proposal was prepared under the supervision of a professional licensed land surveyor and will be valid 120 days from the date noted on this cover letter. All communication associated with this proposal will be coordinated by the undersigned. Thank you very much for your time and we look forward to hearing from you soon.

PREPARED BY:

Justin Height, PLS
Project Manager
T | 949-777-2063
E | [email protected] REVIEWED BY:

Tim Fettig, PLS
VP So Cal Operations
03LTR22-063 PRO REV01.DOCX 3
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PROJECT UNDERSTANDING
This proposal is based on your emails dated December 12, 2022 and the attached “Survey Limits” PDF, hereby incorporated by reference. It is our understanding that the City of Lake Elsinore is designing a City Hall building and will require additional topographic mapping, including surface utility features, along the alley just easterly of Main Street between Peck Street and Limited Street.

You have also requested that we map the right of way of the alley and crossing streets. A preliminary review of San Diego County records shows a moderate level of recent surveying activity, including portions of this project area. It is possible that during the performance of our survey we will fine one or more circumstances that will trigger the requirement to file a Record of Survey with the County Surveyor to be in compliance with the provisions of the Professional Land Surveyors Act of California. We have included an optional scope and fee for preparation of an RS map should the need arise.

PROJECT LIMITS
Topographic and utility mapping will include the street and alley areas shown on the “Survey Limits” PDF, copy attached.

SCOPE OF WORK
Project Survey Control
• Establish project control for topographic and right of way surveying purposes and for future use during the construction phase. It is our understanding that previous topographic mapping has been prepared and we can relate ourr survey control to previous mapping datum if requested by the City, assuming the City can clearly identify the horizontal and vertical datums and existing benchmarks or control points.
• If there is no preference for a previous datum, we will relate our mapping to CCCS83 Zone 6 by ties to Continuous GPS stations and to NAVD88 by ties to the nearest City benchmark. • Prepare notes for title sheet.

Topographic Mapping
• Perform field survey for topographic mapping purposes according to the requested items on the “Survey Limits” PDF. • Download and process field data. Prepare topographic mapping and DTM surface as an AutoCAD/C3D drawing file. • Prepare title sheet with notes, including project control and right of way notes.

Right of Way Mapping
• Research record maps that are available on the Riverside County My Survey Research website. • Perform field survey to recover survey monuments for street and alley right of way mapping purposes. • We will include the lot lines of abutting lots/parcels based on record information and assessor maps only. Our survey does not include surveys of lot/parcel lines. The lots/parcels will be labeled with owner name, street address and assessor parcel number as disclosed by publicly available records.

EXHIBIT A

SCOPE OF WORK
03LTR22-063 PRO REV01.DOCX 4
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• Download and process field data. Prepare right of way mapping as an AutoCAD/C3D drawing file. • Prepare notes for title sheet.

Record of Survey (Optional)
• Prepare Record of Survey map and supporting documents and calculations as required by the Riverside County Surveyor’s office.
• Respond to County Surveyor map review comments.

Utility Mapping
• Obtain utility map and atlas information from the local providers, including gas, water, storm, sewer, cable, telephone, electric, and communications. Compute approximate alignments of subsurface utilities from record maps and atlases. • Our field survey for topographic mapping will include visible surface utility features within the mapping limits, such as meters, valves, backflow devices, manholes, inlets, drains, hydrants, poles and overhead wires, light poles, traffic control devices, markers and paddles, etc. Storm and sewer manholes will be opened, dipped for invert elevations, and pipe sizes and directions noted if visible, unless the manhole or inlet is locked closed or if doing so would be a potential threat to the safety of our field personnel.
• Download and process data and create utility mapping as an AutoCAD drawing. Subsurface alignments will be oriented and adjusted to the surveyed locations of surface features where possible. Subsurface locations will be approximate and are based on best available evidence.

Utility Detection & Marking (Optional)
• We will engage the services of a utility locating subconsultant to detect and mark subsurface utilities in the mapping area prior to beginning of field surveying tasks.
• Include paint marks left by subconsultant in our field survey.

Potholing (Optional)
• We will engage the services of a utility locating subconsultant to perform up to maximin of five (5) potholes. The subconsultant has included permitting and traffic control in their scope for this task. • Perform field survey of pothole markers left by subconsultant.

ASSUMPTIONS & RESPONSIBILITIES
The following assumptions have been made:
• There is no requirement for an Encroachment Permit to perform the field survey work and the utility detection and marking work.
• The City will notify the landowners and/or tenants of our work and arrange for access as needed. • The City will provide Record of Survey filing and recording fees when requested. Guida can also pay the fees and invoice as reimbursable expense with a 5% markup.
• The City will decide on the Utility Detection & Marking Option prior to the start of field surveying so that the Guida crew can include the paint marks in our survey.
• The City will determine the location of up to 5 potholes and provide direction. We assume that all potholes can be performed in one mobilization.

EXCLUSIONS
All services not specifically described, including the following items, are excluded from our scope of work:
• Construction surveying.
• Other title research, title reports.
• Individual lot/parcel line surveys.
03LTR22-063 PRO REV01.DOCX 5
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• Traffic control plans, permits, and services if required to safely complete survey work and utility detection & marking work in city streets.
• Government agency fees, filing fees, recording fees.
• Excessive or unreasonable map review comments. Our budget includes three submittals of any one document, map, or file: two drafts and a final.

DELIVERABLES
Project Survey Control
• Documentation of control with notes and diagrams to be added on the title sheet of the topographic mapping drawing file.

Topographic Mapping
• AutoCAD/C3D drawing file with topographic features, DTM surface, and title sheet with notes. • Survey points file, CSV format.

Right of Way Mapping
• AutoCAD drawing file with resolved street and alley right of ways. Linework and labels only, no dimensioning. • Documentation of right of way surveys with notes to be added on the title sheet of the topographic mapping drawing file.

Record of Survey (Optional)
• Draft of RS Map, PDF format.
• Recorded RS Map, PDF format.

Utility Mapping
• AutoCAD drawing file with subsurface utility linework and labels only, no dimensioning. • Documentation of utility mapping notes to be added on the title sheet of the topographic mapping drawing file.

Utility Detection & Marking (Optional)
• Paint marks on site.
• Reports from utility subconsultant, if any.

Potholing (Optional)
• Pothole reports from utility subconsultant.
• Pothole survey points file, CSV format.
03LTR22-063 PRO REV01.DOCX 6
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SCHEDULE
To be determined between Guida Surveying, Inc. and the City of Lake Elsinore by mutual agreement.

FEE
Our proposed services will be performed on a lump-sum basis and will be billed monthly as a percentage of completion. Based on our understanding of the requirements and our experience with similar projects, we will require the following lump sum fees:

Project Control, Topographic Mapping, Right of Way Mapping $19,500 Record of Survey (Optional) $5,700
Utility Mapping $3,700
Utility Detection & Marking (Optional) $10,700
Potholing (Optional) $10,400
We have determined the cost of our services based on our understanding of the project and the scope and complexity. If circumstances change from what we know based on the information provided, or if the assumptions and responsibilities we have stated in this proposal change, we will re-evaluate the fee. We will keep you informed of our progress and will request your authorization for services that exceed the fee limits.

EXHIBIT B

SCHEDULE AND FEE

LIMITS OF SURVEY

CITY HALL
At minimum:
- All surface utilities (poles,
cabinets, transformers, etc.)
- Centerline elevations for
alleys, Prospect, Graham, Peck
- Overhead utilities and power
lines that service homes coming
off the poles along the alley
way.
- Right-of-way lines along
corridor
- Permanent structures (i.e.
walls, buildings)
- Curbs

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REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: January 10, 2023
Subject: Cost Increase of Services to Design, Fabricate and Deliver a Storage Pavilion for the City Corporate Yard (CIP Project #Z20024) Recommendation
Authorize an additional $19,132.08 for the inflation cost for the purchase of Services to Design, Fabricate and Delivery of a Storage Pavilion from Braemar Fabricating Systems (CIP Project #Z20024).

Background
On December 14, 2021 the City Council approved the purchase of services to design, fabricate, and deliver a storage pavilion building from Braemar Fabricating Systems in the amount of $143,360.00 for the City corporate yard (CIP PROJECT #Z20024). City Public Works maintenance demand and growth has influenced the need for additional covered storage. Recent global events surrounding supply chain disruptions and semiconductor chip manufacturing shortages have across the entire service industry measurably, diminished operational effectiveness. What was once generally immediately available in the local supply and material market is now a backordered item especially, if larger quantities are needed. City maintenance requirements fluctuate and so does the world around us with even greater effect on our operation. To succeed, in the future in-light of projected growth and unpredictable global uncertainty investment in a large covered commercial storage facility is a solid business move.

Discussion
The existing storage facility is outside and on a gravel lot. The new storage pavilion will match other buildings and provides the needed covered storage expansion and simultaneously maintain a clean design appearance. The footprint of the pavilion will be 65 feet wide and 100 feet long with a roof height of 22 feet. This pavilion will contain 9,500 square feet of covered storage with a hard deck drivable surface (concrete). The base pavilion level will have 6,500 square feet of covered storage and an additional 3,000 square feet of mezzanine storage on a second level; all fully accessible by forklift and drivable machinery. Also, a benefit to this matching design is the ability to utilize engineering calculations from existing buildings without additional cost to develop Yard Storage Cost Increase

Page 2 of 2 ends

new engineering requirements. The new storage pavilion will be placed next to the existing City trash yard and a new security fence will replace the current white fence. Due to unforeseen supply chain disruptions and additional structural design requirements the cost of the pavilion building has increased by $19,132.08.

Fiscal Impact
Public Work’s Storage Building Design, Fabricate, and Deliver a Storage Pavilion Project (CIP PROJECT #Z20024) is included in the Fiscal Year 22/23 – 26/27 Capital Improvement Plan (CIP) budget.

Attachments
Attachment 1 - Braemar Building Systems Delivery Notification & Balance Due email Date 12/22/2022.
http://www.braemarbuildings.com
Note:

Delivery:

Your building has been scheduled for fabrication and will deliver: Thursday January 5, 2023 Shipping and delivery is subject to the terms and conditions as set forth in the Purchase Order and Limited Warranty. 2 trucks building components

8.75% Tax:

Total :
$13,074.08
Sub-Total :

Notify Braemar Building Systems immediately of any discrepancy The following outlines the outstanding balance owed on your building which can be paid by either prepaying the amount to Braemar Building Systems, or when the building arrives on site. If terms other than C.O.D. with certified funds were arranged at the time of sale, they should already be reflected below. Please make all cheques payable to Braemar Building Systems. No materials will be unloaded until the driver receives your cheque.

Terms of Payment : Certified Funds on
Less Deposit :
$149,418.00
$162,492.08
$149,418.00
Lake Elsinore, CA 92530
Tel.: 951-764-2417 Fax:

City / State / Zip: Lake Elsinore, CA 92562 City / Prov./ P.C.

Tel.: 951-764-2417 Fax:

Customer Name: City of Lake Elsinore
Address: 130 S. Main St. Address: 521 N. Langstaff St.

Delivery Confirmation
925 W. Kenyon Ave, Suite 6, Englewood, Colorado 80110
Tel : (303) 788-9991 – Fax : (303) 788-9996
3149 Haldimand Road 9, York, Ontario N0A 1R0 Job Number: T21-299 Tel: (905) 772-1462 – Fax: (905) 772-1533 Ship to: Lake Elsinore Pavilion
Braemar Building Systems will be in contact with you to notify you of the anticipated date of shipment arrival. The driver may also contact you prior to arrival for specific instructions or directions to the site. It is the responsibility of the Buyer to unload the material, and in most cases a forklift is required (or other equipment). Contact Braemar Building Systems if you need specific information regarding weight, dimensions, etc.

It is the Buyer's responsibility to inventory the material as it is unloaded. The driver will provide you with construction drawings and inventory instructions. Any damaged materials must be noted on the driver's Bill of Lading. Failure to note damages or report shortages within 3 days will result in denial of all claims. Please call 1-866-382-5115 if you have any questions regarding your shipment.

Original Contract Amount :

Contact: Gus Papagolos Contact: Gus Papagolos
$29,883.60
$132,608.48
This form must be signed and returned to Braemar Building Systems via FAX at (905) 772-1533 before your order will be shipped.

Signature: Date:

Balance :

Delivery

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Jason Simpson, City Manager
Date: January 10, 2023
Subject: Authorize the Purchase of a Beverage System from Norland International, Inc. (DBA Abe Equipment) for the Diamond Club Kitchen & Beverage Services Area ADA Accessibility Remodel Project (CIP Project #Z20003) Recommendation

1. Authorize the City Manager to purchase a complete beverage system from Norland International, Inc. (DBA: ABE Equipment) in the amount of $232,616.00 for the Diamond Club Kitchen & Beverage Services Area ADA Accessibility Remodel Project (CIP Project #Z20003); and

2. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase from Norland International, Inc. (DBA: ABE Equipment) since it is a non-replicable, custom system package satisfying all of the County and State Health Department requirements.

Background
The recent Diamond Stadium Projects have included amenities to attract visitors, entertainment, and sporting events from local and regional areas. Recently, staff and storm management have identified a greater food and beverage service demand in the Diamond Club restaurant.

Discussion
As the City continues to build and rehabilitate top notch facilities for the enjoyment of the entire community it is important to design and build into these facilities highly desirable long-lasting amenities. It is a challenge to satisfy County and State Health Department requirements surrounding food and beverage services. The ABE Equipment is a unique system with great utility and added variety to the stadium beverage services and to the overall success of the Diamond Stadium entertainment venue. The objective is an increased focus on the fans experience at Diamond Stadium and a one-of-a-kind augmentation to a popular restaurant and stadium venue.

This purchase is a one-stop solution source for turnkey beverage production. The customization of this system will provide the needed assurances that the entire system will fit into the remodeled Beverage System Purchase
Diamond Club Kitchen area and operate at the expected levels. This investment will bring long lasting value to the beverage services at the Stadium. The entire remodeling project will address changing markets that require innovative concepts, products and services. With the completion of the remodeled kitchen the stadium will be poised to satisfy the many loyal customers and again separate from the everyday food and beverage service competition.

Engineers have developed this unique system to fit into the limited space of the existing kitchen.

Staff’s research has determined this product is a leader and choice of the major venues for its customization, size, and installation easy for providing a wide range of beverage products.

Wavier of Competitive Bidding Procedures
Pursuant to Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to waive the competitive bidding requirement that would otherwise be utilized for this purchase. The system benefits outlined above and the fact that this is a highly customized designed system with complete component integrity to fit in the limited available space is unique. To switch to another vendor would require a complete redesign significant time investment that far exceeds the investment already made. Staff recommends that the City Council waive the competitive bidding pursuant to Municipal Code Section 3.08.070(G) and allow the Executive Director to purchase directly from ABE Equipment as outlined in this agenda report.

Fiscal Impact
Diamond Club Kitchen & Beverage Services Area ADA Accessibility Remodel Project is included in the Fiscal Year 21/22 – 26/27 Capital Improvement Plan (CIP) budget.

Attachments
Attachment 1 - ABE Equipment Proposal
Quote
Quote Number: NORQ68930
Date: 11/09/2022
Quotation Prepared For Quotation Prepared By
Company: Golden State Catering Company: ABE Equipment
Contact: Shaun Brock Contact: Tanner Littrel
Email: [email protected] Email: [email protected] Phone: (559) 577-0608 Phone: 402-441-3737
Address: Lake E Address:
lsinore, CA
USA
2001 SW 6th St.

Lincoln, NE 68522
ABE Equipment is a Division of Norland International
1 of 17
Line Qty Description Unit Price Total Price
1 1 Steam Heated Control Box $5,792.00 $5,792.00
Features:
- Nema 4X Electrical enclosure
- PID Temp Controller Steam valve control
- PID Temp Controller for Dephlegomater
- PID Temp Controller for Finial Condenser
- Agitator with C1D1 COMPLIANT Motor
- VFD for Agitator control
- Over Temperature Alarms PID Controllers (*****SAFETY*****) - Emergency Stop
UL Certification. (Underwriters Laboratories Inc.)
-Federal OSHA requirements mandate that all electrical equipment in the workplace must be "Certified" or subjected to a complete and thorough evaluation before use. (29 CFR 1910.303 and 1910.399). Many state, county and city electrical jurisdictions also have similar requirements.
-UL conducts an unbiased, independent assessment of products, at a specific location, to meet essential requirements for applicable product safety standards. UL's Engineering Assessment Teams, investigates then informs regulating authorities, whether products and or installations meet those detailed requirements. -ABE Beverage Equipment's Auto-Controlled stills are equipped to comply with UL 508A standards. Certified at ABE's factory in Lincoln, Nebraska to ensure the Electrical Enclosures meet all necessary safety standards. UL Certification minimizes installation time and in doing so, saves valuable capital on start-up costs.

Since each still Electrical Enclosure carries UL certification before it leaves the factory, local electricians will notice the UL mark and know they can safely begin their electrical installation with delay. Before you decide on a distilling equipment supplier, make sure your vendor can honestly claim UL approval.

This UL certification exemplifies ABE's dedication to quality equipment, safe operating conditions and customer service.
2 1 Patriot Craft Still 250 Gallon - Steam $85,796.00 $85,796.00 - 250 Gallon Pot
- Copper and 304 stainless steel construction
- Stainless Steel Steam jacketed
-18-inch Manway
-Whiskey Helmet (Brandy, Bourbon helmet available upon request) -304 Stainless Steel Piping
-Manual water controls
-Four-Plate Copper column
-12" column
-Bubble Plate Regulation valve
-Copper Dephlegomater
-Patented Cip Technology
-PRV/VRV located in pot
-C1D1 Compliant Agitator Motor and Gear box
-Tube & Shell Stainless Steel Liquid Management Condenser 3 1 10bbl (310 Gallon) CONICAL MASH HOUSE $36,288.00 $36,288.00 UL Certification. (Underwriters Laboratories Inc.)
-Federal OSHA requirements mandate that all electrical equipment in the workplace must be "Certified" or subjected to a complete and thorough evaluation before use. (29 CFR 1910.303 and 1910.399). Many state, county and city electrical jurisdictions also have similar requirements.
-UL conducts an unbiased, independent assessment of products, at a specific location, to meet essential requirements for applicable product safety standards. UL's Engineering Assessment Teams, investigates then informs regulating authorities, whether products and or installations meet those detailed requirements. 2 of 17
Line Qty Description Unit Price Total Price
-ABE Beverage Equipment's Auto-Controlled brew houses are equipped with Control panels to comply with the UL 508A standards. (UL file E483374) These panels are Certified at ABE's factory in Lincoln, Nebraska. By using ABE's panels you'll minimize installation time and in doing so, save valuable capital on start-up costs.

Since each brewhouse Control Panel carries UL certification before it leaves the factory, local electricians will notice the UL mark and know they can safely begin their electrical installation with delay. Before you decide on a brew house equipment supplier, consider ABE. This UL certification exemplifies ABE's dedication to quality equipment, safe operating conditions and customer service.

Includes: SEW-EURODRIVE Gearmotor.

Full stainless steel work platform w safety railing and non-slip substrate Stainless steel brewhouse, piping, valves, clamps and fittings Control System
- UL Certified
- Digital control panel
- Automatic temperature controls
- Variable speed drives for brew house motors/pumps
- Manual fluid valves
- Emergency Stop Safety Feature
Mash Tun
- 90 degree cone bottom
- Stainless steel grist hydrator w/ hot & cold hydration inlet - Upper and lower steam jackets w/ independent valve control - Heavy duty mixing paddles with variable speed
- 2" drain at bottom of vessel
- Fully insulated vessel
- Stainless steel
- SS CIP High-flow Rotary Spray Ball with 360° of coverage. - Interior light
- Sparge ring assembly
- Top manway (tempered glass)
- Dual zone steam jackets
4 1 Hot/Cold Liquor Blending Assembly $2,040.00 $2,040.00 Features:
- 1.5" Hot liquor inlet
- 1.5" tri-clamp thermometer gauge
- 1.5" tri-clamp for cold water inlet
- Sanitary flow meter and totalizer for strike/sparge water *Auto blendng assembly available. Contact your ABE sales rep for more info. 5 1 Mash Chiller for Grain-on Distillation (10bbl and less) $8,969.00 $8,969.00 8 tube counterflow mash chiller
- Ideal for use with 10bbl and smaller mash houses
- 2" external tubing with 1.5" internal tubing
- Mounted on 4" casters for portability
Estimated knock out times for clear mash: 5BBL 50 minutes 7.5BBL: 65 minutes 10BBL: 90 minutes 3 of 17
Line Qty Description Unit Price Total Price
6 1 Standard Transfer Hose Kit $2,950.00 $2,950.00
This is a starter kit including 100' of brewers hose the end user may cut to desired lengths (up to six sections) with ends and connections needed to soft plumb equipment for transfers and cleaning. The standard kit includes spare manway gaskets, quick disconnects sized for your equipment, reducers, a sight glass, and spanner wrench. Additional items may be purchased from ABE as needed.
7 1 15bbl Steam Hot Liquor Tank $10,385.00 $10,385.00
Features: Hot Water Tank 15bbl volume
- Stainless steel (304) sanitary construction
- 100% TIG welded
- 4 heavy duty stainless steel legs with adjustable height and leveling footpads - Interior shell: 304 stainless steel, thickness 11 gauge (3mm) - Interior finished to 2B and exterior finish bright polished to #4 240 grit, sanitary surface - 2" Tri-clamp sanitary fittings
- Thermowell
- Sample valve
- Lifting lugs
- Top manway
- CIP arm and spray ball 360° & 10' of coverage.
- Easy-clean CIP ball that features a slide-over pipe connection with cotter pin - Visual level sight glass
- Dual zone steam jackets
- Stainless Pipes, Valves and Fittings
* 5-YEAR LIMITED WARRANTY is applicable to metal, welds, steam jackets and glycol jackets. 8 1 Hot/Cold Liquor Pump System $2,191.00 $2,191.00
Features:
- Ampco/Leeson stainless steel wash-down pump
- VFD speed control
9 1 Hot/Cold Liquor Piping and Fittings $1,444.00 $1,444.00 Features:
- Stainless steel installation piping, valves, fittings and pump mounting *Does not include hard piping to brewhouse 10 5 Steam Valve $592.00 $2,960.00
Features:
- ¾" FPT Motorized Steam Valve, 24VAC, NC
- Slow open / slow close.
- Specifically designed for steam boiler operation.
11 1 Supply Diaphragm Pump $4,204.00 $4,204.00
Supply Diaphragm Pump
The diaphragm pump uses an EPDM double diaphragm configuration with Teflon check balls to bring the beer from your supply tank to the necessary 15 to 40 psi for bottling. It runs on compressed air and is equipped with an adjustable pressure regulator and water separator.

Stats:
- 0-46 gpm Flow Rate
- 1 1/2" tri-clamp port size
- 5.7 cfm @ 90 psi
- 93 dB(A) max noise level
4 of 17
Line Qty Description Unit Price Total Price
12 1 Portable Transfer Pump System 1.5 hp $3,622.00 $3,622.00 Features:
- Leeson 1.5 h.p. stainless steel sanitary, washdown pump - VFD Speed Control
- Stainless Steel cart mounted
13 3 10bbl Stainless Steel Fermentation Tank $10,451.00 $31,353.00 Features:
- Outer Shell: Stainless steel 304 sanitary construction thickness 11 gauge (3mm) - Interior Shell: 304 stainless steel, thickness 11 gauge (3mm) - 100% TIG welded and sanitary polished
- Design Pressure 30PSI, Test Pressure 30PSI (0.2MPa)
- 4 Heavy-Duty stainless steel legs with adjustable height and leveling footpads - Interior finished to 2B and exterior finish bright polished to #4, 240 grit, sanitary surface - 1.5" Tri-clamp sanitary fittings
- PVRV: Vacuum & pressure relief valve
- Tank insulation: 80 mm thickness
- Pressure gauge
- Analog Temperature Gauge
- Perlick-Style sample valve
- Lifting lugs
- Ladder hooks. Also designed to hold brewers hose when not in use. - Side man-way door
- CIP arm and Rotary Spray Ball 360° of coverage.
- Dual-zone cooling jacket with glycol inlet and outlet - Rotating DIN fitting racking arm and discharge port with valve and fittings - Up to an 8" Dry Hop Port
- Thermo-well (RTD sensor not included) * Carb Stone Not Included * * 5-YEAR LIMITED WARRANTY is applicable to metal, welds, steam jackets and glycol jackets. 14 1 SmartStation Glycol Temp Control Box $4,382.00 $4,382.00 This PLC-based controller is state of the art with an ultra-fast processor that can handle simultaneous processing of up to 30 temperature control loops. The PLC can be connected to your Brewhouse with an ethernet cable, or operate as a standalone unit. Your control box can be expanded from 1 to 30 inputs as your brewery grows with the touch of a button.

Features:
- Up to 30 individual temperature control access points - One multi conductor cable can connect from one station to the next (cable not included)* - Can connect to ABE auto brewhouse PLC to view information - Stores temperature history in easy-to-read graph that can be downloaded to USB drive - Expansion does not require modification of control box - Easily add expansion inputs to control box using touch screen HMI - UL 508A Compliant * Cable can be purchased through ABE Customer Service ** Will not function on tanks not requiring a glycol valve (IE single wall tanks) 15 3 SmartStation Cellar Kit $555.00 $1,665.00
This is the cellar kit for the PLC Glycol Temperature Control Box Includes:
- 35' RTD Wire
- 3/4" Glycol Ball Valve
- RTD Assembly * Multi conductor cable required. Cable can be purchased through ABE customer service 5 of 17
Line Qty Description Unit Price Total Price
16 1 ABE Patriot Fill Station $19,876.00 $19,876.00
ABE Patriot Fill Station
-Up to 10 bpm fill rate (based on 750ml bottles).
-Pneumatic operation. No electrical parts used.
-Manual fill volume and flow rate controls. Adjustments are quick and easy to make. -Adjustable for different bottle heights, up to two 750ml bottles, or one 1.5L. -Comes standard with dual filters at 10 and 5 micron. (other sizes available upon request) -Fill levels accurate to within <1%
-Stainless construction, all other materials food safe/ alcohol compatible.

Specifications: Height- 44.25" Depth- 24" Width- 23.25" Weight- 114 lbs.

Air Consumption- 11 SCFM @ 110 psi
*Price includes T-Cork applicator. Other cap options available. 17 1 SmartShot15 Labeler $3,724.00 $3,724.00
Labeler. Smart-Shot15 labeler Only with Stand and Paper-Backing-Auto-Rewind-Device The Smart-Shot15 Table Mounted Labeler is designed with the small to medium sized producer in mind. Production speeds of up to 15 round, bottles or cans, per minute can be easily achieved. The system applies pressure sensitive labels to bottles or cans sized between 330ml to 1.5 liters in size.
- Includes Paper-Backing-Auto-Rewind-Devise
- Speeds of up to 15 cpm.
- Maximum 9" label roll
- Complete with customer assembled, Military Grade 8625, Type 2, Anodized Aluminum stand frame.
- The most compact size in the industry.
- Built-in photo sensor and Aux port for optional external photo sensor. - 110 volt, 1 phase, 60 Hz.
- LABEL SAMPLES ARE REQUIRED
18 5 Start-Up and Training Services $495.00 $2,475.00
On-Site Startup and Training Service (Estimate Only)
- $495 per day, per technician
- Pricing based on an 8 hour workday
- Quoted days includes tech travel (typically one day to destination, one day to return) * Not inclusive of airfare, hotel, meals and travel (to be determined) 19 1 ABE Tech Travel, Meals, Hotel (Estimate Only) $2,500.00 $2,500.00 Cost for the technician's travel, hotel room, and meals for the startup and training service 20 1 Shipping, Documentation, and Handling (Estimate Only, Final $0.00 $0.00 Charges To Be Determined). Equipment requires a forklift or rigging company to offload at time of arrival.

Shipping, Documentation, and Handling (Estimate Only, Final Charges To Be Determined) 6 of 17
Line Qty Description Unit Price Total Price
Payment Terms Shipping FINAL BALANCE
50% down to secure order. Balance due prior to shipment. F.O.B. LINCOLN, NEBRASKA $232,616.00 NORQ68930

PAYMENT TERMS / VALIDITY

1. All prices quoted are in U.S. dollars and are valid for 30 days. Production and lead times on equipment will not start until all documents are signed and approved by the Buyer. This includes all engineering dimensional drawings, utility documents, layouts, and/or can and lid information. Seller will not be liable for any delay in performance of any order accepted, or any delay in shipment or delivery of any material hereunder, when such delay is caused directly or indirectly by fire, flood, accident, riot, war, governmental intervention, rationing, allocations or embargoes, strike, shortages of labor, delay of materials by suppliers or any other difficulties beyond Seller's reasonable control. Delivery of such order shall be deemed suspended so long as any such causes delay its execution. Whenever such causes have been remedied, Seller will make and Buyer will accept delivery of order. 2. Prices quoted are domestic pricing. Due to international requirements, please provide final destination for international pricing.

STARTUP NOTES: 1. Overtime, in excess of 8 hours per day, weekends, and US holiday charges are additional and billed at $150 per hour unless otherwise noted above. 2. Unless otherwise stated above, airfare, local travel, hotel, or boarding accommodation and meals during startup and training service are the responsibility of the buyer with prepayment required prior to technician departure. 3. ABE personnel are not permitted to do installation of plumbing, electrical work, including boiler, steam, CO2 and compressed air runs, and glycol system plumbing. Licensed plumber and electrician must be available during equipment startup. ABE personnel are not allowed to run or pull wires to glycol, steam, or control valves. This work must be in place prior to technician's arrival to location. 4. ABE is not responsible for installation, or liabilities associated with assembly or suspending, of hanging grain hoppers or flex augers. Investigation of structural integrity as well as building and safety code adherence are solely the responsibility of the buyer. 5. ABE personnel will not be scheduled Start up and Training until the "Installation Check List" is completed in full by the buyer. 6. Startup services are not included in purchase unless stated above. 7. Startup service is recommended for warranty validation. SHIPPING NOTES: 1. FOB Lincoln, NE for all equipment shipped from Seller's Facility unless otherwise quoted herein. Some or all of the equipment and/or parts may ship directly to customer from third-party vendors with domestic and international origins. Equipment or parts shipped directly to customer is FOB third-party vendor's facility. 2. ABE will store equipment free of charge for one month from the agreed upon completion date if there is adequate space to do so. A non-prorated $2,000/month storage fee will apply on the second month. After 2 months, a non-prorated $7,000 monthly fee will apply. All storage fees are due in advance of each month of storage. 3. You are allowed (1) free hour to unload the trailer or container. Once the free time expires, you may be charged $80/hour thereafter with a 7 of 17
ABE Equipment
Standard Terms and Conditions

FURTHER TERMS OF THIS AGREEMENT IN ADDITION TO THOSE ABOVE ARE SET FORTH IN THE ABE EQUIPMENT A DIVISION OF NORLAND INTERNATIONAL INC. STANDARD TERMS AND CONDITIONS, FOLLOWING HERETO AND ARE INCORPORATED HERE AS

THOUGH FULLY SET FORTH HEREIN, AND, BY THEIR SIGNATURES BELOW, THE PARTIES ACKNOWLEDGE SAME AND AGREE TO ALL TERMS OF THE AGREEMENT. THIS AGREEMENT IS ENTERED INTO AT LINCOLN, NEBRASKA. ABE Equipment (ABE) is herein referred to as the “Seller” and the customer or person or entity purchasing Goods (“Goods”) from Seller is referred to as the “Buyer.” These Terms and Conditions and all documents incorporated by specific reference herein (collectively, the “Agreement”), constitute the complete and exclusive statement of the terms of the agreement governing the sale of Goods by Seller to Buyer. 1.) Identification. The Goods shall be identified to the contract upon the execution hereof. 2.) Inspection. Buyer may at its option and expense, inspect the Goods at Seller’s premises located at 2001 S.W. 6th St. Lincoln, Nebraska (“Facility”). Seller will permit Buyer to enter the Facility upon written notice during normal business hours between 9:00 a.m. and 4:00 p.m., Monday through Friday. Equipment shall be inspected in a non-operational, static mode. If Buyer fails to inspect the Goods prior to shipment, it will be deemed to have waived inspection and to have unequivocally accepted the Goods. Once the Goods are delivered to Buyer, the sale shall be deemed final and conclusive. 3.) Limited and Standard Warranty. 5-YEAR LIMITED WARRANTY IS APPLICABLE TO METAL, WELDS, STEAM JACKETS, OIL JACKETS, AND GLYCOL JACKETS USED ON BREWING VESSELS, FERMENATION, BRITE, HOT LIQUOR, AND COLD LIQUOR TANKS. IN THE CASE

OF OTHER COMPONENT PARTS, SELLER WARRANTS THAT THE GOODS MANUFACTURED BY SELLER WILL BE FREE FROM DEFECTS IN

MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND REGULAR MAINTENANCE FOR A PERIOD OF ONE YEAR FROM DATE OF DELIVERY TO BUYER, OR FOR OPERATION FOR 2,080 HOURS, WHICHEVER IS LESS. THIS IS THE SOLE AND EXCLUSIVE WARRANTY

GIVEN BY SELLER WITH RESPECT TO THE GOODS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER’S GOODS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE. THIS WARRANTY SPECIFICALLY EXCLUDES WEAR OUT ITEMS, DAMAGE DONE IN SHIPPING, FREEZING, CORROSION, EROSION, SCALING, IMPROPER MAINTENANCE OR INSTALLATION, ELECTRICAL SURGES AND UNITS MODIFIED OR USED FOR ANY OTHER PURPOSE OTHER THAN BREWING, DISTILLING AND PACKAGING OF BEER, SPIRITS, WINE, MEAD, CIDER AND OTHER SIMILAR NON- COMBUSTIBLE ALCOHOLIC, OR NON-ALCOHOLIC BEVERAGES. IF WITHIN THIRTY (30) DAYS AFTER BUYER’S DISCOVERY OF ANY

WARRANTY DEFECTS WITHIN THE WARRANTY PERIOD, BUYER NOTIFIES SELLER THEREOF IN WRITING, SELLER SHALL, AT ITS OPTION AND AS BUYER’S EXCLUSIVE REMEDY, REPAIR OR REPLACE FREIGHT PREPAID BOTH DIRECTIONS THAT PORTION OF THE GOODS FOUND BY SELLER TO BE DEFECTIVE RETURNED TO SELLER. FAILURE BY BUYER TO GIVE SUCH WRITTEN NOTICE WITHIN THE APPLICABLE TIME PERIOD SHALL BE DEEMED AN ABSOLUTE AND UNCONDITIONAL WAIVER OF BUYER’S CLAIM FOR SUCH DEFECTS. GOODS NOT MANUFACTURED BY SELLER, BUT BY 3

RD PARTY AND PROVIDED BY SELLER AS PART OF ANY PURCHASE ARE SUBJECT SOLELY TO THE WARRANTY AND LIABILITY TERMS AND CONDITIONS OF THE MANUFACTURER. All costs of dismantling, reinstallation and freight and the time and expense of Seller’s personnel and representatives for site travel and diagnosis under this warranty shall be borne by Buyer unless accepted in writing by Seller. Section 3 applies to any entity or person who may buy, acquire or use the Goods, including any entity or person who obtains the Goods from Buyer, and shall be 8 of 17
2 bound by the limitations therein. Buyer agrees to provide such subsequent transferee conspicuous, written notice of the provisions of Sections 3 and 4. 4.) LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR OR REPLACEMENT UNDER SECTION 3. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY

DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER

AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, BUSINESS

INTERRUPTION, LOSS OF USE OR REVENUE, COST OF CAPITAL, COST OF LEASE, RENT, WAGES, SPOILAGE, OR LOSS OR DAMAGE TO PROPERTY OR EQUIPMENT.

It is expressly understood that any technical advice furnished by Seller with respect to the use of the Goods is given without charge, and Seller assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted at Buyer’s risk. 5.) Assignment. Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Seller, and any such assignment, without such consent, shall be void. 6.) Interpretation and Representation. This instrument is intended by the parties to be a final, exclusive, and complete expression of their agreement and its terms. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used herein. Acceptance of, or acquiescence in, a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to object. Buyer and Seller represent to each other that they are merchants with respect to the subject Goods. No representations were made or relied upon with respect to the Goods or the terms of this Agreement. No agent, employee, or representative of Seller made, or has any authority to bind Seller by any warranty, representation, or affirmation concerning these Goods. Buyer acknowledges that no such affirmation, warranty, or representation has been made, none has been relied upon, and none forms the basis of this bargain. There are no understandings, agreements, representations or warranties either written or verbal, relative to the Goods which are not fully expressed herein. No statements, recommendations or assistance made or offered by Seller or Seller’s agents or by sales literature, in connection with the use of any Goods shall constitute a waiver by Seller of any of the provisions set forth herein. The provisions set forth herein supersede and cancel any previous understanding or agreement between the parties with respect to the subject matter hereof. 7.) Severability. If any provision hereof is found by any Court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, such invalidity or unenforceability shall not affect the provisions hereto, which shall remain in full force and effect. If any provision is found unreasonable due to its breadth, such terms shall be limited to the extent necessary to be enforceable. 8.) Modification. This Agreement may be modified only by an instrument signed by the parties or their respective agents. 9.) Notice. Buyer shall give Seller prompt written notice of any potential claim, cause of action, or other dispute arising out of or relating to this Agreement within thirty (30) days after Buyer first becomes aware of facts that are reasonably deemed to put Buyer on notice of such potential claim, cause of action, or dispute. In such written notice, Buyer shall provide details and factual support relating to such potential claim, cause of action, or dispute so that Seller may investigate the same and so the parties can attempt to reach a resolution. Such written notice is a condition precedent to any lawsuit being filed that arises out of or relates to this Agreement. 10.) Payment of Taxes. Buyer shall pay all federal, state and local sales, use, property excise or other taxes imposed on or with respect to the Goods, except taxes levied on Seller’s net income. 11.) Confidential Information. All materials relating to the use and service of Goods that Seller has provided and identified as confidential are proprietary to Seller. Such materials have been developed at Seller’s expense and contain Seller’s trade secrets. Buyer may not reproduce or distribute such materials to any party unrelated to this Agreement. Buyer shall receive all such proprietary materials in complete and strict confidence, and shall exercise reasonable care to maintain such confidentiality. 9 of 17
3 12.) Shipment Contract; Buyer’s Risk During Transit. Seller shall deliver all Goods to a carrier of its choice at its Facility for transportation to Buyer’s place of business, but all costs of transportation shall be borne by Buyer including, but not limited to, all shipping charges and full invoice insurance. Risk of loss to the Goods shall transfer to Buyer upon delivery to and receipt by carrier at Seller’s Facility. At the Seller’s option, some or all of the Goods may be shipped directly to Buyer’s location from one or more third-party vendors. The Goods sent from such vendors may have either domestic or international origins. In such instances, risk of loss to the Goods shall transfer to Buyer upon delivery to and receipt by carrier at the third-party vendor’s facility with respect to those goods shipped directly to the Buyer.

In all cases, any claims for shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer directly to the carrier. The estimated shipment date indicated herein is approximate and not guaranteed and is based upon prompt receipt by Seller of all necessary information and payment amounts.

If the shipment of the Goods is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Seller for any and all storage costs and other additional expenses resulting there from. Seller will not be liable for any delay in performance of any order accepted, or any delay in shipment or delivery of any material hereunder, when such delay is caused directly or indirectly by fire, flood, accident, riot, war, governmental intervention, rationing, allocations or embargoes, strike, shortages of labor, delay of materials by suppliers or any other difficulties beyond Seller’s control. Delivery of such order shall be deemed suspended so long as any such causes delay its execution. Whenever such causes have been remedied, Seller will make and Buyer will accept delivery of order. 13.) Seller’s action for Price-Resale of Undelivered Goods. If Buyer fails to pay the price as it becomes due, Seller may recover, together with any incidental damages, the price of the Goods identified to the contract if Seller is unable, after reasonable effort, to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing. If Seller sues for the price, it shall hold for Buyer any Goods, which have been identified to the contract and are still in its control, except that if resale becomes possible Seller may resell them at any time prior to collection of the judgment. Net proceeds of any such resale shall be credited to Buyer and payment of the judgment shall be credited to Buyer. Deposits made for equipment are non-refundable. Payment of the judgment shall entitle Buyer to any Goods not resold. If, despite Buyer’s breach, Seller is held not entitled to the price, Seller shall nevertheless be awarded damages against Buyer for non-acceptance. Any funds received by Seller from Buyer may be applied by Seller against any such losses of Seller. 14.) Startup Service. A startup service is recommended from Seller’s technicians at an additional cost and this service consists of making initial adjustments and training the equipment operators. No startup service will be provided unless this is indicated on the front of the contract along with its costs. Start-up and training service is available at the rate quoted herein, assuming preparation of facility to ABE Equipment specifications. Startup and training services quoted herein are estimated. A specific quotation for startup and training service will be provided to Buyer after placement of order. Prior to startup, the Buyer will be required to provide written confirmation of the readiness of the facility, including readiness of the building, electrical supply, air supply, water supply. The Buyer may also be required to provide bottle design drawings, sample bottles, sample labels and other information upon request of ABE. In the event that these materials are not provided in response to requests, the manufacture and delivery of the equipment may be delayed, and the Buyer agrees that this delay shall be its responsibility. In the event the ABE technician(s) arrives and the equipment is not mechanically or electrically connected, the Buyer will be charged accordingly to normal service rates. Seller also reserves the right to remove personnel from the premises until proof of proper preparation to the facility can be provided. Rescheduling startup and training service will depend on availability of ABE personnel at that time. Airfare, local travel, hotel, or boarding accommodation and meals during startup and training service are the responsibility of the Buyer with prepayment required prior to technician departure. Additional technician days required beyond the estimated time quoted will be charged to buyer at the per diem rate listed above. 15.) Prices; Terms of Payment; Payment Delinquency. All prices are in U.S. Dollars and exclusive of taxes, transportation and insurance, which are to be borne by Buyer. Payment terms as stated above. Unless otherwise specified by Seller, terms are net from date of Seller’s invoice in U.S. currency. Failure of Buyer to timely pay per the terms as described on the front of this Agreement will result in the addition to the balance due of interest at the rate of one and one third percent (1-1/3%) of the balance due for every month that the balance remains delinquent. Seller shall have the right, among other remedies, either to terminate this Agreement or to suspend further performance under this and/or other agreements with Buyer in the event Buyer fails to make any payment when due, which other agreements Buyer and Seller hereby amend accordingly. The provisions of this paragraph are subject to paragraph 12 above. Deposits are non-refundable unless otherwise agreed upon prior to order and stated in writing. 10 of 17
4 16.) Installation; Maintenance. Unless otherwise provided herein, Buyer shall be responsible for receiving, inspecting, testing, storing, installing, starting up and maintaining all Goods. Installation and startup of Goods should only be completed by a thoroughly trained and experienced technician. Improper installation or start up procedures may result in damage to personnel, equipment or building. Vibration that occurs during shipping may loosen some of the electrical connections such as those at the circuit breakers, motors, motor starters, pumps, contactors and heating elements. All high amperage electrical connections should be thoroughly tightened prior to start up. Failure to tighten loose connections may result in excessive heat buildup on the electrical components resulting in damage to the component, equipment or even the building. ABE Equipment expressly disclaims any damages or losses of any kind resulting from loose electrical connections. 17.) Indemnification. Subject to the limitations of the second paragraph of Section 4, Seller warrants that the Goods sold, except as are made specifically for Buyer according to Buyer's specifications, do not infringe any valid U.S. patent or copyright in existence as of the date of shipment. This warranty is given upon the condition that Buyer promptly notify Seller of any claim or suit involving Buyer in which such infringement is alleged and cooperate fully with Seller and permit Seller to control completely the defense, settlement or compromise of any such allegation of infringement. Seller's warranty as to use patents only applies to infringement arising solely out of the inherent operation according to Seller's specifications and instructions (i) of such Goods, or (ii) of any combination of Goods acquired from Seller in a system designed by Seller.

In the event such Goods are held to infringe such a U.S. patent or copyright in such suit, and the use of such Goods is enjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods, or replace them with non-infringing Goods, or modify same to become non-infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of them. In the event of the foregoing, Seller may also, at its option, cancel the agreement as to future deliveries of such Goods, without liability. 18). Cancellation and Returns. Purchaser may not cancel all or any portion of an order after work begins or return any materials, except upon Seller’s written agreement and the payment to Seller of (a) for non-customized products, a 25% restocking fee; and (b) for customized products, the total of (i) the anticipated profit margin of the Seller and (ii) any expenses of the Seller incurred toward fulfillment of the order, including overhead, plus any expenses incurred in cancelling the order. Payments are due within 10 days of cancellation, and thereafter shall accrue a finance charge at the same rate as an unpaid invoice. In addition, if Purchaser wishes to cancel in part, Seller may elect to cancel the remainder of Purchaser’s order without incurring any liability toward Purchaser and without waiving any rights under these Standard Terms and Conditions. 19). Reverse Engineering. Purchaser will not reverse engineer or assist any other party with reverse engineering Seller’s equipment (including, but not limited to, any equipment purchased from Seller, on loan from Seller, or any other equipment designed and/or built by Seller), and will notify Seller upon becoming aware of any other party having reverse engineered any of Seller’s equipment. 20.) Applicable Law. The validity, construction, performance and all other matters relating to the interpretation and effect of this Agreement shall be governed by the laws of the State of Nebraska. Buyer and Seller agree that the proper venue for all actions arising in connection herewith shall be only in Nebraska and the parties agree to submit to such jurisdiction. THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT. 21.) Export/Import. Buyer agrees that all applicable import and export control laws, regulations, orders and requirements, including without limitation those of the United States and the European Union, and the jurisdictions in which the Seller and Buyer are established or from which Goods may be supplied, will apply to their receipt and use. In no event shall Buyer use, transfer, release, import, export, Goods in violation of such applicable laws, regulations, orders or requirements. 22.) English Language. Unless otherwise specified in the Agreement, this Agreement and all documentation including but not limited to manuals, user guides, instructions, warning labels and technical drawings are written in the English Language and the Parties agree that the English version will govern. 23.) This Agreement shall not become effective unless and until signed by Buyer and delivered to Seller at its principal place of business in Lincoln, Nebraska and signed by Seller. 24). “DRAWINGS PROVIDED BY NORLAND INTERNATIONAL/ABE EQUIPMENT ARE FOR RECOMMENDED LAYOUT OF EQUIPMENT

AND CONNECTIONS ONLY, AND ARE BASED UPON DESCRIPTIONS OF BUILDING CHARACTERISTICS AND MEASUREMENTS PROVIDED TO THE SELLER BY THE BUYER. THOSE BUIDLING CHARACTERISTICS AND MEASUREMENTS HAVE NOT BEEN VERIFIED. THE SUITABILITY OF ALL FINAL POSITIONS AND CONNECTIONS ARE THE RESPONSIBILITY OF THE PURCHASER AND SHOULD BE 11 of 17
APPROVED BY PURCHASER'S CONTRACTOR TO MEET ALL RELEVANT LEGAL CODES AND BEST PRACTICES. SELLER EXPRESSLY DISCLAIMS SPECIFIC KNOWLEDGE OF THE BUYER’S BUILDING CHARACTERISTICS FOR SUPPORTING WEIGHT BEARING LOAD

REQUIREMENTS OF THE EQUIPMENT, AND THE DRAWINGS PROVIDED FOR HEREIN MAKE NO REPRESENTATIONS REGARDING THE SUITABILITY OF THE LOCATION FOR THE WEIGHT BEARING LOADS CREATED BY THE EQUIPMENT OR THE PRODUCTS USED, PRODUCED OR STORED BY THE EQUIPMENT. ANY CHANGES IN EQUIPMENT POSITION REQUIRED BY THE BUYER, OR BY THE BUYER’S INTENDED USE OF THE EQUIPMENT AFTER THE DRAWING IS PROVIDED BY THE SELLER MAY RESULT IN INCREASED INSTALLATION COSTS TO BUYER/OWNER.”
AGREED TO BY:

For and on Behalf of Purchasing Company
Printed Name (Authorized Representative)
Signature
Date
Title
For and on Behalf of: ABE Equipment
A Division of Norland International
Printed Name (Seller)
Title
RECEIVED BY: NORLAND INTERNATIONAL, INC. DBA: ABE EQUIPMENT Signature (Seller)
Date
5 12 of 17
3RD ANGLE
11'-8 1
8 "
11'-1 3
4 "
4'-9 5
8 "
4'-3 1
8 "
5'-2 1
2 "
250 GALLON STEAM BOIL KETTLE
4-PLATE COPPER COLUMN

FINAL CONDENSER
PARROT
3" SC DRAIN
3/4" FPT

STEAM OUT
3/4" FPT

STEAM IN
UNLESS OTHERWISE SPECIFIED:

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
NORLAND INTL. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF NORLAND
INTL. IS PROHIBITED.

Drawing Filepath:
2001 SW 6TH ST. - Lincoln, NE - 68522 - (402) 441-3737

PROPRIETARY AND CONFIDENTIAL ABE BEVERAGE EQUIPMENT
SIZE: B
PART NO.: REV:

SCALE: 1:40 SHEET 1 OF 1
DRAWN DATE:

DRAWN BY:

DESCRIPTION:

MATERIAL:

MRD
03/08/22
V1.1
250 GALLON STEAM HYBRID STILL
\\NORSERV4\drive-k\Engineering Master\STILLS\250 Gallon Still\250 Gallon Hybrid\

DIMENSIONS ARE IN INCHES
TOLERANCES:

Fractions = 1/32"
.X = .05"
.XX = .01"
.XXX = .005"
LAST SAVED BY: hi LAST SAVED ON: Monday, March 7, 2022 7:44:28 PM 13 of 17 3RD ANGLE
4'- 1
8 "
19'-9"
1'-1 3
4 "

1.5 SC MASH OUTLET

1.5 SC MASH INLET
QTY: 9, 20' LONG 1.5" ID TUBE WITH

2.5" OD COOLING JACKETS
KNOCK-OUT FOR COOLING 500 GALLONS OF WATER FROM 180°F TO 70°F IS 60 MINUTES, USING 55°F COOLING WATER UNLESS OTHERWISE SPECIFIED:

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
NORLAND INTL. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF NORLAND
INTL. IS PROHIBITED.

Drawing Filepath:
2001 SW 6TH ST. - Lincoln, NE - 68522 - (402) 441-3737

PROPRIETARY AND CONFIDENTIAL NORLAND INTERNATIONAL
SIZE: B
PART NO.: REV:

SCALE: 1:32 SHEET 1 OF 1
DRAWN DATE:

DRAWN BY:

DESCRIPTION:

MATERIAL:

MRD
08/09/22
-

STAINLESS STEEL

TUBE IN TUBE HEAT EXCHANGER,
9x 1.5"/2.5" 20' LONG TUBES
\\NORSERV4\drive-k\Engineering Master\MASH HOUSES\NINGBO TUBE IN TUBE HEAT EXCHANGER\

DIMENSIONS ARE IN INCHES
TOLERANCES:

Fractions = 1/32"
.X = .05"
.XX = .01"
.XXX = .005"
LAST SAVED BY: ASUS LAST SAVED ON: Tuesday, February 22, 2022 3:12:27 AM 14 of 17 3RD ANGLE

LEVEL SIGHT GLASS

TEMP GAUGE

18.88 BBL
15 BBL
4'-5 3
4 "
3'-11 1
2 "
ATM. VENT

LIFTING LUGS
1-/12" CIP ARM

LADDER HOOKS
MANWAY
1-1/2" SAN PORT
1-1/2" SAN PORT

STEAM PORTS
9'-1 1
2 "
6"
2'-7 3
4 "
2"
3/4" HOSE DRAIN
1-1/2" SAN PORT

RTD SENSOR
3/4" FPT PORT
3/4" FPT PORT
3/4" FPT PORT
3/4" FPT PORT
PUMP RECIRC.

OUTLET
NET EMPTY WEIGHT= 1,056 LBS
GROSS FULL WEIGHT= 6,050 LBS

REVISIONS
REV. DESCRIPTION DATE APPROVED

DIMENSIONS ARE IN INCHES
TOLERANCES:

Fractions = 1/32"
.X = .05"
.XX = .01"
.XXX = .005"
K:\Engineering Master\TANKS\HLT, STEAM\15BBL HLT\HLT, 15 BBL- STANDARD\ HOT LIQUOR TANK, 15 BBL
304 STAINLESS STEEL
05/14/20
JMS
MATERIAL:

DESCRIPTION:

DRAWN BY:

DRAWN DATE:

SCALE: 1:26 SHEET 1 OF 1
PART NO.: REV:

SIZE: B

PROPRIETARY AND CONFIDENTIAL ABE BEVERAGE EQUIPMENT
2001 SW 6TH ST. - Lincoln, NE - 68522 - (402) 441-3737
Drawing Filepath:

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
NORLAND INTL. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF NORLAND
INTL. IS PROHIBITED.

LAST SAVED BY: Administrator LAST SAVED ON: Wednesday, May 13, 2020 8:24:13 PM 15 of 17 3RD ANGLE
10 BBL

3.3 BBL
MANWAY

TEMP GAUGE SAMPLE VALVE
1-1/2" SAN RACKING ARM
12 BBL
4'-1 1
2 "
3'-7 1
2 "
OPT. CARB STONE
8" HOP PORT
2" 30 PSI PVR

GLYCOL PORTS
8'-6 3
4 "

60.00°
5"
2'-5 3
4 "
1-1/2" OUTLET
3/4"FPT LOWER PORT FOR

UPPER GLYCOL JACKET
1/2" FPT THERMOWELL
1/2" FPT THERMOWELL
3/4"FPT UPPER PORT FOR

UPPER GLYCOL JACKET
3/4"FPT UPPER PORT FOR

LOWER GLYCOL JACKET
3/4"FPT UPPER PORT FOR

LOWER GLYCOL JACKET
1-1/2" SAN BLOW 1-1/2" SAN CIP ARM

OFF ARM
NET EMPTY WEIGHT= 880 LBS
GROSS FULL WEIGHT= 4,228 LBS
GLYCOL JACKETS VOLUME= 7.223 GALLONS

REVISIONS
REV. DESCRIPTION DATE APPROVED

DIMENSIONS ARE IN INCHES
TOLERANCES:

Fractions = 1/32"
.X = .05"
.XX = .01"
.XXX = .005"
K:\Engineering Master\TANKS\FERMENTERS\10BBL FER\FERM, 10 BBL-STANDARD\ 10BBL FERMENTATION TANK-STANDARD
304L STAINLESS STEEL
1/16/17
JMS
MATERIAL:

DESCRIPTION:

DRAWN BY:

DRAWN DATE:

SCALE: 1:26 SHEET 1 OF 1
PART NO.: REV:

SIZE: B

PROPRIETARY AND CONFIDENTIAL ABE BEVERAGE EQUIPMENT
2001 SW 6TH ST. - Lincoln, NE - 68522 - (402) 441-3737
Drawing Filepath:

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
NORLAND INTL. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF NORLAND
INTL. IS PROHIBITED.

LAST SAVED BY: LAST SAVED ON:
16 of 17

24.000

20.000

FOOT SWITCH
LABELS
110V POWER
CORD
CAN
TABLE HEIGHT 36"

FOOT SWITCH
LABELS
110V POWER
CORD
CAN
TABLE HEIGHT 36"
DATE
CODER
110V POWER
CORD
47" TALL 62" TALL

24.000

23.500

SMART SHOT LABELER SMART SHOT LABELER

WITH DATE CODER
17 of 17

Page 1 of 1 ends

Lake Elsinore City CouncilJanuary 10, 2023

Lake Elsinore City Council
January 10, 2023