Lake Elsinore City Council
June 27, 2023

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 All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect.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]

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”
Willdan Engineering, a Corporation

By: Vanessa Munoz, PE, TE
Its: President/CEO
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

CITY OF LAKE ELSINORE

CALIFORNIA
Request for Qualifications
March 24, 2023
Plan Check Services For
Engineering Department
Cover Letter
March 24, 2023
City of Lake Elsinore
Engineering Department
130 South Main Street
Lake Elsinore, California 92530
Submitted via PlanetBids
Subject: Request for Qualifications for Plan Check Services for Engineering Department The City of Lake Elsinore is seeking qualified consultants to provide professional as-needed plan check services. Willdan Engineering (Willdan) is confident that we can continue to successfully provide the requested professional engineering plan check services as a valuable resource to help augment City staff in accomplishing the City’s goals and needs. Throughout this proposal, we have demonstrated advantages the Willdan team brings to the range of services requested and how the City can continue to benefit from having us as its’ supporting consultant. The following strengths are what sets us apart from the competition and makes us the best‐qualified support team for the City.

Knowledge of the City. Willdan has provided professional services to the City of Lake Elsinore on various projects since 2013. Our proposed Project Manager, Mr. Ron Stein has been providing services for the City which include current plan check services, HSIP Cycle 7 application review, financial compliance, and financial consulting services. We have an established working relationship with City staff and a familiarity with City procedures and requirements. Our knowledge of the City will enable us to initiate work quickly and to respond appropriately to issues that arise during this contract.

Understanding of City Plan Checking Services. Willdan's plan checking applies City, State and Federal guidelines, particularly the California Subdivision Map Act, NPDES and Low Impact Development requirements and general compliance with City Standards, Ordinances and Regulations. Our staff of experts will stamp and wet sign the approval of engineering documents/plans/maps for accuracy and adequacy and will submit an approval letter stating the same. Open communication is one of the most important elements to the success of a plan check.

Willdan will always perform all necessary correspondence and coordination with City Staff to ensure the plan check is completed in a timely manner.

Highly Skilled Project Manager. Mr. Ron Stein has 11 years of engineering expertise in land development design and plan check services. Mr. Stein presently serves as a Task Leader for Orange County and Project Manager for a similar assignment with the Cities of La Quinta and Rialto. He has led land development engineering teams engaged in the design of projects encompassing all aspects of the City’s scope of work, conducting meticulous QA/QC plan reviews that quality products that adhered to all local agency standards. Mr. Stein’s experience in the design and construction of private and public works projects will add tremendous value to the City’s plan review process from the perspective of constructability and value engineering.

Industry Leader in Electronic Plan Review. Willdan is known throughout the industry as a leader in electronic plan review. Willdan developed an electronic plan review system more than 20 years ago and has remained on the forefront of electronic plan review software usage. We are proficient in the use of Bluebeam and other software programs.

Quick Turnaround Times. Willdan has a reputation of providing quality and accurate plan review in a timely manner. We understand that time is of critical importance to the City and to the development community. We are dedicated to meeting standard and “fast track” turnaround deadlines.

No Conflict of Interest. Willdan is dedicated to providing professional engineering services to public agencies. We are prepared to function as an agent of the City and will not prepare improvement plans or studies for development projects within the City.

Staffing Resources. Our bench of licensed and technical experts consists of specialists in construction management, construction observation, water resources, highway and roadway engineering, drainage and flood control, structural engineering, traffic and transportation engineering, geotechnical engineering and materials testing/inspection, municipal engineering, landscape architecture, environmental planning, building safety, urban and regional planning, and other technical fields. The breadth and diversity of the firm's expertise means our experts can draw upon the considerable experience of the firm – maximizing efficiency, productivity, and quality in meeting project schedules and budgets. Other services such as federal invoicing and labor compliance can be provided with in-house staffing resources.

Willdan confirms that this submittal will remain valid for 120 days from the date of the proposal due date.

We appreciate the opportunity to submit this proposal and look forward to discussing our proposal with you and your staff. The primary individual authorized to sign and negotiate a contract for these services is Ms. Vanessa Muñoz, PE, TE, President, located at 650 E. Hospitality Lane, Suite, 400, San Bernardino, CA 92408, Telephone (562) 368‐4848 and email [email protected].

Respectfully submitted,

WILLDAN ENGINEERING
Vanessa Muñoz, PE, TE
President/CEO
City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
1 Table of Contents
Description of Services..................................................................................................................................2 Plan Checking Expertise.............................................................................................................................2 On-Call Contract Expertise ........................................................................................................................3 Other Services ...........................................................................................................................................4 Scope of Services.......................................................................................................................................4 Responsiveness to City Staff and Project Requirements ........................................................................12 Outline of Quality Assurance Program................................................................................................12 Current and Former Clients ........................................................................................................................14 Current and Past Clients/Projects in the Inland Empire..........................................................................14 Similar Experience and References.........................................................................................................15 Description of Organization........................................................................................................................20 Organization History................................................................................................................................20 Management and Organization Ability ...................................................................................................21 Technical Approach.....................................................................................................................................22 Project Approach.....................................................................................................................................22 Proposed Staffing and Project Organization...............................................................................................26 Organizational Chart............................................................................................................................27 Technical Support Team......................................................................................................................28 Staffing and Resource Management Plan ...........................................................................................31 Resumes......................................................................................................................................................31 Professional Services Agreement................................................................................................................41 Insurance Coverage and Licenses...............................................................................................................41 Cost Price ....................................................................................................................................................41 Plan Checking Services............................................................................................................................41 Additional Services..................................................................................................................................41 APPENDIX A.................................................................................................................................................42 Engineering Plan Check Fee Schedule.....................................................................................................42 APPENDIX B.................................................................................................................................................45 City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
2 Description of Services
Willdan understands that the City of Lake Elsinore seeks proposals from qualified consultants to provide the City with On-Call Plan Checking services. Plan checking services will be provided on engineering plans and studies that are submitted for review by the development community. The City desires to partner with a firm that can provide the requested services in a complete and timely manner. Through our 59 years of providing plan check services, Willdan has developed an unmatched knowledge of the services that are required of a plan check consultant. Our understanding is discussed further as follows:

Plan Checking Expertise
Through Willdan’s previous plan review contract with the City, we have developed knowledge of the city’s practices, policies, and procedures. Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements.

The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a strict attention to details. Documents will be reviewed for conformance with City of Lake Elsinore standards, Standard Plans for Public Works Construction, Caltrans Standard Plans, Caltrans Highway Design Manual, and other standards relevant to the project.

Willdan can assist the City with various engineering review support and design services including, but not limited to the following:

City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
3 Willdan’s staff size, breadth of experience and collaborative approach among our team members will enable us to review all submittals of the anticipated plan sets in the desired turnaround time frame if not sooner. Our staff, many of whom have experience as former public agency staff and management understands the uniqueness of public agency needs and issues; they serve as city engineers, planning directors, traffic engineers, building officials, and public agency staff members on a contract basis for numerous cities and counties. The diversity of our staff’s experience is an added value of our services.

Willdan has been providing services to local agencies in Southern California for 59 years. Our staff has hands-on working knowledge and direct experience implementing City and Riverside County standards.

We have developed a well-coordinated review process, including a plan check tracking, and reporting system and specific discipline review checklists, to provide the City with timely, cost-effective service.

On-Call Contract Expertise
On-call engineering services are Willdan's foundation. Our staff includes former public agency employees or contract agency staff. Therefore, we understand the importance and purpose of on-call contracts and are very familiar with the processes and procedures for such services. Within the last 8 years, Willdan has completed projects and task orders for more than 200 as-needed/on-call contracts. This experience and the relevant experience of our dedicated and available key personnel are what best suits Willdan to provide the City with on-call services.

Our history of working with on-call contracts has well prepared our staff to respond to all requests for services in a positive, efficient manner. Our firm's commitment to responsive service and successful project delivery has given us a reputation as a firm that can be trusted to listen and to deliver a product our clients envision and embrace.

We begin our approach by adhering to these principles:
 Conduct business with truthfulness and high ethical standards  Approach each project with a spirit of resourcefulness and excellence
 Seek appropriate solutions that fit the project
 Maintain high standards of technical quality
Willdan understands the unique aspect of working under an on-call contract. Success in working with this type of contract is dependent upon understanding a variety of elements that may be encountered, such as:
 Short project durations and minimal lead times for assignments may be required  Flexibility in service assignments, understanding work to date, and coordinating completion of project tasks already started by agency staff in crucial projects  Availability of our staff to the work assignment as it develops is often critical to moving that project forward
 Efficient use of resources is important for project assignments that are relatively small  Consistent, organized project management is vital due to the potentially large numbers of projects that may be in process
 Special attention to quality assurance and quality control is particularly important as short-term projects may limit the number of interim review steps often associated with a project-specific contract
City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
4 Other Services
We understand that in addition to plan checking service the City may request additional services to be provided. Willdan’s experience in serving public agencies provides us with unmatched knowledge of the needs and services required by City departments. As we serve directly in City offices, we are keenly aware of how City CIP and design projects are planned, designed, and constructed. The services that we provide to clients on a routine basis include Civil Engineering, Traffic Engineering, Survey/Mapping/Right-of-Way Engineering, Structural Engineering, Pavement Engineering, Stormwater Engineering, Geotechnical Engineering, Landscape Architecture, Construction Management/Inspection, Utility Coordination and Permitting, Environmental Compliance and Permitting, Grant Funding, and Labor Compliance Management and Oversight. These are the core services that we provide daily to our clients and are prepared to offer them to the City of Lake Elsinore.

Scope of Services
The following is a sample of the services Willdan can provide and their associated scope of work that may be required with each specific project assignment. This is intended only as a guide.

Street Improvement Plans
Street improvement plans will be checked under the direct supervision of a registered civil engineer. Plans will be checked to utilize Lake Elsinore Standard plans and consistent with Section IV of the Lake Elsinore Design Manual. Improvement plan reviewing will include, but not necessarily be limited to, street and drainage plans, sewer and water plans, hydrology and hydraulic studies, preliminary drainage studies, FEMA requirements and design connections to existing systems, landscape and irrigation, bridges and structures, traffic signal, signing and striping plans, and park facilities. Specifically, the following tasks will be performed:
 Check plans for compliance with general design
criteria established by the City standards for streets, curbs, gutters, sidewalks, streetlights, drive
approaches, storm drain and flood control systems,
underground wet utilities, traffic signals, and signing and striping.
 Check street improvement plans for compliance with
City and County standards, design guidelines and
check grading, street, and storm drain plans for conformance with the street improvement plans.  Check street improvement plans for compliance with City conditions of approval and the approved tentative map.
 Check street improvement plans and plans against easement documents, record maps, and rightof-way documents; determine need for permanent easements, additional right-of-way, or temporary easements.
 Check various plan sets to assure no discrepancies from set to set.  Review general notes, title block, signature block, benchmark data, quantities, unit costs, vicinity map, index map, and other general requirements; check for Underground Service Alert note on plans.
 Check plans for compliance with general design criteria established by the City standards for streets, curbs, gutters, storm drain and flood control systems, and underground wet utilities.

City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
5  Check to assure that plans reflect all required improvements as shown on the approved tentative map and in the subdivision resolution.
 Check data shown on plans for consistency with previously approved plans and the record map.  Review proposed street improvement plans for conformance with City's approved specific plan.  Review the proposed improvements for constructability; require redesign of any proposed improvement when the plans propose a situation where the improvement is not buildable, conflicts with an existing improvement, creates a public hazard or nuisance, creates a maintenance problem, creates a potentially unsafe condition, or will not function due to an inadequate level of engineering.
 Check for accuracy of design and fit with existing improvements and underground utilities.  Point out conflicts, mistakes, inaccuracies, and omissions on the plans.  Check stationing and alignments of the street improvements for agreement with the record map and record data.
 Check horizontal and vertical sight distance based on appropriate design speed.  Review pavement design for consistency with the recommendations of the soils engineer.  Review hydrology/hydraulic study against the storm drain plans, including street capacities, HGLs, velocities, inlet or outlet control, and other hydraulic factors.  Review plans for any special conditions, which could be anticipated during construction such as street closures, protection of existing utilities, etc.

Grading, Erosion Control, and Drainage Plans
Willdan will perform grading and site accessibility plan review for projects constructed in the City for conformance with City codes and ordinances,
including the City grading code and manual,
California Building Codes related to site accessibility, or consistent with the City’s Drainage design policies. All plans will be reviewed to ensure compliance with Section III of the Lake Elsinore Design Manual. It is noted that the City has strict floodplains and must ensure all developments are above the BFE unless proposing mitigation.

Willdan's staff assigned to City projects has a thorough knowledge of civil engineering principles and practices and site improvement design requirements. All plan reviews are completed using City established policies and procedures and within City timeframes. Willdan’s services are of the highest quality and will be provided in a timely and professional manner. Our grading plan review will be consistent with Willdan plan review quality guidelines. We will utilize the City’s grading plan checklist and mark up plans. Willdan will ensure plans meet all applicable codes and ordinances upon completion of plan reviews, evaluation of the engineers cost estimate, and final recommendation on bond amount and permit fees. Willdan will review associated erosion and sediment control plans in accordance with City, County and State Regional Water Quality Control Board requirements. The best management practices during construction will be reviewed for compliance and appropriateness for the proposed project improvements. Willdan staff has experience with preparation of erosion and sediment control plans for the associated grading and drainage improvement plans and therefore a working knowledge of the design requirements and implementation of appropriate BMPs selection and design.

City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
6 Hydrology/Hydraulics Reports & Storm Drain Plans
Hydrology/Hydraulics Reports and Storm Drain Plans will be checked under the direct supervision of a registered civil engineer. Specifically, the following tasks will be performed:
 Check H/H report for compliance with City and County standards and design guidelines.  Check grading, street, and storm drain plans for conformance with the H/H report.  Check H/H report for compliance with City conditions of approval and the approved tentative map.
 Check for any diversion of flows from their historic
patterns.
 Check for any adverse effect of drainage on downstream properties.  Check various plan sets to assure no discrepancies from set to set.
 Review general notes, title block, signature block, benchmark data, quantities, unit costs, vicinity map, index map, and other general requirements.
 Check plans for compliance with general design criteria established by the City standards for streets, curbs, gutters, storm drain and flood control systems, and underground wet utilities.  Check to assure that plans reflect all required improvements as shown on the approved tentative map and in the subdivision resolution.
 Check data shown on plans for consistency with previously approved plans and the record map.  Review hydrology/hydraulic study against the storm drain plans, including street capacities, HGLs, velocities, inlet or outlet control, and other hydraulic factors.  Review proposed storm drain plans for conformance with City's approved master plan of drainage.
 Review the proposed improvements for constructability; require redesign of any proposed improvement when the plans propose a situation
where the improvement is not buildable, conflicts with
an existing improvement, creates a public hazard or
nuisance, creates a maintenance problem, creates a
potentially unsafe condition, or will not function due to an inadequate level of engineering.
 Check for accuracy of design and fit with existing
improvements and underground utilities.
 Point out conflicts, mistakes, inaccuracies, and
omissions on the plans.
 Check stationing and alignments of the storm drain improvements for agreement with the record map and record data.
 Review plans for any special conditions which could be anticipated during construction such as street closures, protection of existing utilities, etc.

City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
7 Traffic Signal Plans, Signing & Striping, Street Lighting Plans and Construction Detour Plans Traffic engineering design plans will be checked under the direction of a state registered Traffic Engineer. Willdan’s plan review staff has the capability to review traffic design plans including but not necessarily be limited to, traffic signals, signing and striping, street lighting, temporary traffic control and construction detours, flashing beacons, EV charging stations, pedestrian and bicycle facilities, and circulation plans. As needed, Willdan's plan review staff can also review and prepare comments on documents, such as, traffic studies related to a development project.

During a typical plan check review, the following tasks will be performed:
 Check design plans for compliance with
general design criteria established by
the City standards for traffic signals,
signing and striping, and streetlights.
 Check design plans for compliance with
City and/or County standards, Caltrans
standard plans, and California Manual
on Uniform Traffic Control Devices (CA
MUTCD).
 Check design plans to ensure all
improvements are shown as required
by the City’s conditions of approval for
the proposed development project and general plan requirements.  Review the proposed improvements for constructability; require redesign of any proposed improvement when the plans propose a situation where the improvement is not buildable, conflicts with an existing improvement, creates a public hazard, creates a potentially unsafe condition, or will not function due to an inadequate level of engineering.  Review general notes, construction notes, and legends on all plan sheets.  Check for accuracy of design and fit with existing improvements and underground utilities.  Point out conflicts, mistakes, inaccuracies, and omissions on the plans.  Check horizontal and vertical sight distance based on appropriate design speed.  Review plans for any special conditions, which could be anticipated during construction such as street closures, protection of existing utilities, etc.  For traffic control and detour plans, check proper placement and spacing of traffic control equipment, adequate transition and taper lengths, pedestrian, and bicycle access, working hours, correct sign designations, driveway access, and turn restrictions.

Parcel/Tract Maps, Lot Mergers, Easements, Lot Line Adjustments, Survey Willdan’s review of easement documents, lot line adjustments, dedications, vacations, quitclaims, Parcel, and Tract Maps shall be by or under the direction of a Licensed Land Surveyor to assure compliance with
applicable provisions of the Subdivision
Map Act, County ordinances, and other conditions of
approval and requirements. There will be detailed checks made, including, but not limited to, review of survey
documentation and title reports, lot and boundary
closures, dedication and easement provisions, legal
City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
8 descriptions, completeness, and accuracy of data notation, and necessary certifications of City and County staff. We encourage open communication between the map preparer and the checker to limit the amount of map checks. Once submitted to the City and then transmitted to us, our preference is to do all checking in BlueBeam and email back to the preparer or owner, always cc’ing the City.  Willdan currently provides these services for about 20 cities in five Southern California counties, some on a long-term basis and some on an interim basis. Willdan is also currently performing Deputy County Surveyor services in Marin County.
 Willdan’s survey department can review Condominium Plans that are submitted to the City. Our preparation of numerous Condo Plans has given us a unique understanding of various types of Condo Plans. We work with the developer and the City Attorney in such matters.  Willdan’s office staff prepares and reviews hundreds of easements each year. We can work with the developer and the City in the preparation of the front (signature) sheet of the easement document and can advise on the record-ability of the executed document.  Willdan will sign maps in the capacity of the City Surveyor.

Bridge or Retaining Wall Structures/Structural Calculations Structures proposed as part of development projects that are not under the purview of the Building Permit will be reviewed. Submittals typically will include structural plans and calculations and these documents will be reviewed for conformance with the improvement plans, pertinent codes, and standards. Willdan provides complete structural engineering support for design, analysis, inspection, and evaluation of structural systems. We provide these services for a wide variety of structures encompassing transportation-related infrastructure, railroad and transit, airport facilities, industrial and commercial developments, recreational facilities, and water and wastewater utilities.

Our experienced staff performs bridge advance planning studies and analyzes and designs bridges, sound walls, retaining walls, and buildings. Willdan’s team has experience working on new, replacement, or rehabilitated bridges; cofferdams; tie-back walls; demolition; falsework and form design; bridge scour plans of action; and design of work trestles and temporary bridges for construction. Our staff members have designed weirs, spillways, box culverts, lined channels, custom-designed manhole inlets, and pipe protection. In addition, our staff has in-depth knowledge of all federal, state, and local criteria and methodologies for preparing project development documents, design, construction documents, and processing design of new bridges and bridge widenings, including the latest seismic analysis and design procedures. We note that our structures staff has had tremendous success obtaining HBP grants to fund our clients' bridge improvement and replacement projects.

Water Quality Management Plans
All new development and significant redevelopment projects are required to incorporate Low Impact Development (LID) Best Management Practices to the maximum extent possible. The intent of these requirements is to reduce the discharge of pollutants to receiving waters.

These are the results of federal and state regulations and provide implementation plans to protect water quality. Willdan will review the PWQMP and FWQMPs submitted by applicants to ensure compliance with the requirements.

City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
9 Soils, Geotechnical, Geologic, Alquist Priolo Report Reviews Willdan will review geotechnical and geologic reports submitted as supporting documents for development projects. Our review will include the review of recommendations related to roadway structural section designs, trench backfill designs, and structural footing designs. As applicable, we will perform our work in general accordance with the following:
 Adequacy with respect to geotechnical and geologic conditions  Conformance with applicable City, State and Federal laws  Comply with the governing codes
 Conformance with City Design Manuals and City Standard Plans  Most recently adopted Uniform Building Code and
California Building Code
 1991 Seismic Hazards Mapping Act
 1972 Alquist-Priolo Earthquake Fault Zoning Act
 California Division of Mines and Geology Notes:
 Note 41 - General Guidelines for Reviewing
Geologic Reports
 Note 42 - Guidelines to Geologic/Seismic Reports
 Note 44 - Recommended Guidelines for Preparing Engineering Geologic Reports  Note 46 - Guidelines for Geologic/Seismic Considerations in Environmental Impact Reports  Note 48 - Checklists for the Review of Geologic/Seismic Reports for California Public Schools, Hospitals, and Essential Services Buildings
 Note 49 - Guidelines for Evaluating the Hazard of Surface Fault Rupture  California Division of Mines and Geology Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California
 Southern California Earthquake Center, Recommended Procedures for Implementation of DMG Special Publication 117, Guidelines for Analyzing and Mitigating Liquefaction in California  ASTM guidelines relating to geology and geotechnical work have to do with laboratory testing and field procedures. All applicable ASTM guidelines will be enforced.  State Mining and Geology Board, General Guidelines for Reviewing Geological Reports Sewer Improvements Plans
Sewer Improvement Plans will be checked under the direct supervision of a registered civil engineer. Specifically, the following tasks will be
performed:
 Review general notes, title block, signature block,
benchmark data, quantities, unit costs, vicinity map,
index map, and other general requirements.
 Check plans for compliance with general design criteria established by the City standards for underground wet
utilities.
 Check to assure that plans reflect all required improvements as shown on the approved tentative map and in the subdivision resolution.
 Check data shown on plans for consistency with previously approved plans and the record map.

City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
10  Review available sewer study against the sewer improvement plans, including capacities, minimum slopes, geometry, manhole spacing, pipe size and types.  Review proposed sewer plans for conformance with City's approved master plan of sewers.  Review the proposed improvements for constructability; require redesign of any proposed improvement when the plans propose a situation where the improvement is not buildable, conflicts with an existing improvement, creates a public hazard or nuisance, creates a maintenance problem, creates a potentially unsafe condition, or will not function due to an inadequate level of engineering.
 Check for accuracy of design and fit with existing improvements and underground utilities.  Point out conflicts, mistakes, inaccuracies, and omissions on the plans.  Check stationing and alignments of the sewer improvements for agreement with the record map and record data.
 Review plans for any special conditions which could be anticipated during construction such as street closures, protection of existing utilities, etc.

Water Improvement Plans
Water Improvement Plans will be checked under the direct supervision of a registered civil engineer. Specifically, the following tasks will be performed:
 Review general notes, title block, signature block,
benchmark data, quantities, unit costs, vicinity map,
index map, and other general requirements.
 Check plans for compliance with general design criteria established by the City standards underground wet
utilities.
 Check to assure that plans reflect all required
improvements as shown on the approved tentative map
and in the subdivision resolution.
 Check data shown on plans for consistency with previously approved plans and the record map.  Review available water service study/report against the proposed water plans.  Review proposed water plans for conformance with City's approved master plan.  Review the proposed improvements for constructability; require redesign of any proposed improvement when the plans propose a situation where the improvement is not buildable, conflicts with an existing improvement, creates a public hazard or nuisance, creates a maintenance problem, creates a potentially unsafe condition, or will not function due to an inadequate level of engineering.
 Check for accuracy of design and fit with existing improvements and underground utilities.  Point out conflicts, mistakes, inaccuracies, and omissions on the plans.  Check stationing and alignments of the waterline improvements for agreement with the record map and record data.
 Review plans for any special conditions which could be anticipated during construction such as street closures, protection of existing utilities, etc.

City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
11 Traffic Studies
Traffic studies will be checked under the direct supervision of a registered Traffic Engineer.

Specifically, the following tasks will be performed:
 Review of Traffic Impact Analysis Studies
 Review of Parking Demand Studies
 Review of Traffic Circulation Studies
 Review of Traffic Signal Warrant Analyses
 Review of Traffic Signal Timing and Coordination Analyses  Review of Street Lighting Photometrics
 Review of studies for conformance with Conditions of Approval  Review for conformance between plans and studies
NPDES/Storm Water Pollution Prevention Plans
Since the adoption of the first municipal NPDES Permit for Los Angeles County in June 1990, Willdan has provided professional permit and Total Maximum Daily Load (TMDL) management and review services for many municipalities. The following are various levels of services Willdan provides to its clients:

Program Management – When called upon for help with NPDES Programs, the majority of Willdan’s clients rely on the firm for full permit and TMDL program management services. This typically includes the preparation of fiscal year budgets, reports, and presentations to city staff and city council; preparation of annual reports and presentations to regulators; development and management of service contracts, multiagency agreements, and compliance programs; coordination with watershed partners, regulators and at times non-governmental organizations and managing city service personnel.

Full/Partial Minimum Control Measure (MCM) Implementation – Using a full range of administrative and field activities, Willdan has experience ensuring compliance with the Municipal NPDES Permit – Stormwater Management Minimum Control Measures. This includes compliance activities associated with public information and public participation, industrial/commercial (I/C) facilities, planning and land development, development construction, public agency activities, and illicit discharge/illicit connection management. We also augment our clients existing resources, as well as train city staff to take over NPDES Permit requirements such as inspections or the entire compliance program.

Development Plan Review Services – As part of the project development review process required by past Municipal NPDES Permits as well as the current Permit, Willdan provides professional engineering related review services for public and private projects subject to the conditioning and approval for design and implementation of stormwater mitigation measures. This includes Water Quality Management Plans (WQMP) and Low Impact Development (LID) standards for new development, redevelopment, and SWPPP for compliance with the State’s General Permit for construction activities. As a result, Willdan has a comprehensive understanding of proper site design, source control measures and the ability to implement appropriate best management practices (BMPs).

Watershed Management Plan/Program Group Representation – Willdan has in-depth knowledge of the development and implementation of Watershed Management Programs (WMP). Throughout Willdan’s participation in multiple WMP groups, our staff has negotiated multiagency contracts and agreements, actively participated in the development process of the WMP and its Coordinated Integrated Monitoring Program (CIMP) and has collaborated and participated in meetings with group partners and Regional Water Quality Control Board (Regional Board) staff. In addition, Willdan has assisted in the development City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
12 of presentations to the Regional Board, multiagency agreements, CIMP implementation, and multiagency cost-sharing formulas.

TMDL Programs and Studies – From the review of Regional Board developed draft Basin Plan Amendments to addressing TMDL requirements, Willdan has years of experience. Quite often Willdan finds itself representing multiple clients with a common interest in the same watershed. These situations provide opportunities for our firm to take on lead watershed roles for the betterment of its clients, especially concerning TMDLs. Another example is a project Willdan designed, managed, and inspected installation of Connector Pipe Screens and Automatic Retractable Screens full capture devices for more the 20 municipal clients in southern California putting those clients ahead of the regulatory curve on the State’s Trash Policy and TMDLs.

Responsiveness to City Staff and Project Requirements
Willdan’s approach to facilitating the plan check process includes:

Outline of Quality Assurance Program
Many of the Willdan Team members have performed plan and document review services for cities relative to public facilities and building development in the past decade and are doing so currently.

In accomplishing development application/permit reviews, our team members have developed a proven approach to the plan review process that includes organization and documentation, matching staff to assignments and partnering with appropriate sub-consultants (when needed), applicant’s consultants, and the client agency to help deliver a successful project. A successful project application review begins with the submittal of a complete improvement plan review package of relevant materials, including the project conditions of approval or compliance matrices, required regulatory submittals, all related improvement design plans, along with the accompanying subdivision maps and technical reports to the City offices. (It is vital that the submittal packages received are complete and contain all of the necessary reference materials to facilitate a thorough and timely plan/document review).

Once a complete project review package of materials is assigned to our Willdan team members, we will promptly undertake the review process. If incomplete submittals are received, the City will be notified immediately to avoid wasting review time and fees. Notations of incomplete submittals will be done by listing identified submittal deficiencies for the involved parties’ reference and use. Once the submittal content is complete, checking will be resumed. At that point, we will do our best to keep the resumed plan review process on the revised time track.

Timely technical reviews
of complete plans and
reports to help control
cost and meet schedules.

This avoids delays and
added costs that result in
incorrect review package
submittals.

Record keeping utilizing
in-house tracking
software, digital files, plan
check mark-ups and
reference materials while
logged in the City tracking
system is part of our
facilitating process.

Communication between
the plan reviewer(s) and
the Engineer of Record
facilitates issue resolution
and will be done through
phone calls, e-mails, and
teleconference meetings
to facilitate reviews.

Keeping the City and
others informed through
CCs of Review Matrix, emails, phone calls, tracking
logs, and City tracking
system will be given
priority by our team
members.
1 2 3 4
City of Lake Elsinore
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13 Willdan’s Project Manager will be the first point of contact in our review team for each submittal and correspondence. Other submittal review recipients will be established and contacted during the submittal review, as necessary. This step will be part of expediting the assigned project distribution and return for best effectiveness.

As the plan review is begun, our staff will utilize the various City plan review checklists to maintain compliance with the City standards, conditions of approval, and established practice. As required, Willdan will review the project materials received and record the review comments on a comments matrix and provide appropriate ‘red-lined’ notations on the reviewed documents. Willdan reviewers have been trained to provide clear and concise comments that have specific standard references to avoid any confusion.

A typical plan check comment might be: “The project proposes 8” curb and gutter on Alpha Street. The plans show 18” gutter pan. Revise the gutter pan to be 24” to be in conformance with City Standard Plan No. 120.” Upon receiving the comment, the applicant knows exactly what to do per each specific standard.

This procedure will be followed in subsequent second and third review rechecks and will be accomplished within the applicable plan review turn-around time frames. Corrective comments will accompany each review check, with a recommendation for approval where applicable at the end of the third (3rd) review.

Willdan’s QA program is broken out into four major phases, as outlined below.

City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
21 and administration, site analysis, and conceptual development to final design, construction management, observation, and project close-out.

Willdan Staff of Experts
 Municipal Engineering and Management
 Highway and Freeway Engineering
 Building Safety Services
 Environmental Planning
 Geotechnical/Geological Engineering
 Assessment Engineering
 Computer-Aided Analysis and Design
 Geographical Information System (GIS)
 Program and Construction Management
 Construction Inspection and Support
 Traffic and Transportation
 Water and Wastewater
 Urban and Regional Planning
 Drainage and Flood Control
 Structural Engineering
 Right of Way Engineering
 Landscape Architecture
Management and Organization Ability
Time Management
Willdan has a reputation for providing quality and accurate plan review in a timely manner.

We understand that time is of critical importance to the City and to the development community. We are dedicated to meeting standard and expedited turnaround deadlines. To ensure we meet this commitment, we prepare labor projections for all projects. Projections are made for each individual project and then aggregated by the technical director to produce division/office-wide labor needs and to identify shortages or surpluses.

By having Willdan as part of the City’s team, we can establish a process in place that will streamline the land development department, allowing for easier training of City employees.

Scheduling
A critical path method master schedule will be prepared following the notice to proceed. The schedule will identify major items of work and will be the vehicle for monitoring, controlling, and tracking progress. The schedule will be updated monthly to reflect actual and forecasted completions. This allows our project managers to anticipate and forecast potential issues and develop an advanced strategy to proactively mitigate problems before they impact the schedule. If it is determined that a project is falling behind schedule, project managers meet with the respective team members, identify the problem, and ensure that extra support and effort are expended to bring the project back on schedule. Willdan will keep City staff informed of the overall schedule, including advanced notification of any necessary adjustments or actions to remain on track. Project managers monitor all progress on a weekly basis.

Staff/Client Relationships
As an engineering firm dedicated solely to serving the needs of public-sector clients, Willdan’s philosophy is to provide services that will provide the highest quality product for the investment of limited public funds. We strive to resolve potential conflicts through internal peer review to eliminate construction problems and change orders to the maximum extent possible. Our approach to achieving the best possible solution for our clients’ needs and budget constraints is to evaluate the alternatives for both present construction and future maintenance costs. We are constantly looking for potential cost savings by evaluating new City of Lake Elsinore
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22 materials and techniques but will not experiment or use a project as a test site. We strongly believe that it is best not to sacrifice long-term infrastructure quality for short-term appearance.

To facilitate easier communication, Willdan will create an email box for the City to submit its plans. All our upper management assigned to the project will have access to this email box.

This provides a convenient way for the City to contact us while ensuring faster response time to City requests.

Ability to Meet Deadlines
Willdan utilizes a unified management approach whereby each project is undertaken by a project team. Each project is assigned to a senior member of our staff and supported by a team of individuals with the background, experience, and availability best suited for each assignment or, in this case, land development. If needed, Willdan can add additional support staff to the identified team to ensure completion of this assignment by the requested dates.

Technical Approach
Project Approach
Willdan is noted for open lines of communication and flexibility in providing plan review services. We can provide reviews of hard copy or electronic documents. Coordination of all plan reviews will be through Mr. Stein. We understand that site visits may be required to the project locations and when so conducted, photographs will be taken and documented in the project file.

It is expected that plan checks should not exceed four (4) total plan checks which includes three (3) plan reviews and one (1) final electronic mylar review for approval. Willdan’s approach to the plan review process is shown in the flow chart below and as follows:

Process Items 1 through 4: Once Willdan receives notice of a plan review assignment, we coordinate delivery of the project documents, log them into the tracking system and distribute to the discipline leaders.

Process Item 5: The documents are given a preliminary review for completeness, thus ensuring materials required for review are present. The plans are then assigned an internal project task tracking number. Once the project receives a task tracking number, the Project Manager assigns the various documents to the appropriate staff for review.

Process Items 5a through 6b: Our professionals perform a preliminary review of the plans to gain knowledge of the site and the improvements and to determine any substantial errors or omissions such as obvious utility conflicts. These can become critical issues that necessitate substantial redesign. If critical issues are noted, they will be brought to the attention of the City to determine if the review should continue or be suspended pending the redesign required.

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23 Process Item 7: Saving review time saves time for the developer, which is paramount to a project schedule. Once a plan check is determined complete for further review, the reviewers review the documents electronically and provide comments in an electronic format acceptable to the City.

Process Item 8: At the completion of the plan review, a review comment letter will be created which summarized the comments from all disciplines reviewed.

Process Item 9: Electronic plan review allows for ideal record keeping of documents reviewed.

Willdan will file all documents reviewed electronically and make them available to others as requested by the City.

Process Item 10: At the completion of the plan review, the review documents and comment letter will be electronically delivered applicant with appropriate City Staff copied.

Willdan provides all administrative, professional, and other technical resources necessary to review designs for completeness and correctness without the need for subconsultants.

In our communication process, we can transmit rough drafts of our comments back to the City for review prior to preparation of final copies. This gives the City staff the prerogative of changing, modifying, or adding any comments they desire. Following approval of draft comments, final copies are printed on agency letterhead, or as otherwise directed, and forwarded to the applicant and/or returned to the City.

This process assures local input and knowledge of the content of corrections and produces continuity between the jurisdiction and the consultant. Plan reviewers will be available to discuss and clarify plan check issues with the City staff, designers, owners, and contractors. Willdan will utilize Bluebeam software for plan review. The electronic format provides efficiency in the distribution and recordation of plan review comments and responses. Mylar plans ready for approval by the City Engineer will be initialed, and a letter will be provided stating that the design is in substantial compliance with the applicable local, state, and federal requirements. Deliverables to the City of Lake Elsinore
RFQ for Plan Check Services
City of Lake Elsinore
24 client and applicant for a typical plan check will include electronic delivery of reviewed plans and documents and a corresponding plan review comment letter. For projects containing the review of multiple documents, the plan review comments will be consolidated into one comprehensive comment letter.

Willdan has been providing plan review services electronically for over 20 years. The electronic plan review process is a web-based program utilizing software that enables a plan reviewer to insert annotations (comments) on plans and create issues (comments) within a letter format. Services are provided at the request of the applicant or the agency we serve. Submittals can be accepted either in hard copy, whereby Willdan converts the plans to electronic format, or electronic copy in a PDF or TIF format. Willdan will review plans and can transmit the electronic redlined plans back to the applicant or the City as directed, in either electronic or hard-copy format. The reviewers can create a comment letter with links to the electronic project pages under review. All administrative tools are provided for correspondence, tracking, stepping through stages, and administering all access privileges. This service allows for collaboration between the City, designer, and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing, and time for the plan review.

Willdan utilizes Bluebeam Revu in its’ electronic plan review process. Several of our clients use permit tracking software such as TRAKiT or Energov and we are proficient in the use of those software platforms as well. We will coordinate our review services with the City’s permit tracking system. Throughout the plan check process, Willdan will be available to meet with City Staff and/or the developers’ consultant with 48 hours advance notice. Willdan understands that adherence to plan review turnaround times is of paramount importance. We are fully committed to meeting the City’s following turn around review times:

Willdan will utilize the City provided Review checklists as outlined in the Lake Elsinore Engineering Design Guidelines Manual or tailor one for our in-house checklists as directed. For WQMP reviews, Exhibit F of the Technical Guidance Documents will be filled out for each review and once completed sent over with the final documents. We routinely utilize check lists to track the completion of the various plan check requirements. They promote consistency in reviews and can be used in-house only or distributed to the City and applicant as directed. Below is a sample of a check list that is most used by our Willdan staff.

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City of Lake Elsinore
Professional Services Agreement
Willdan has reviewed the City’s Professional Services Agreement and shall meet these requirements upon selection.

Insurance Coverage and Licenses
Willdan will not encounter any difficulties meeting the City’s insurance requirements.

Cost Price
Plan Checking Services
Willdan has reviewed the fee schedule for plan checking services that was included as Attachment A of the Request for Qualifications (included herein as Appendix A). We agree to perform the requested plan checking services in accordance with the Fee Schedule.

Willdan proposes to invoice for plan review services on a plan check completion basis as follows:

Complete Plan Check 1: 60% of plan check fee
Complete Plan Check 2: 25% of plan check fee
Complete Plan Check 3: 10% of plan check fee
Complete Mylar Review: 5% of plan check fee
Additional Services
For additional services, Willdan will perform the agreed upon services on a Time and Materials basis per the attached Schedule of Hourly Rates (Appendix B).

Method of Billing Payment. Willdan will submit to the City of Lake Elsinore no later than the tenth (10th) working day of the month, in the form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice will describe in detail the services provided. For projects which are to be compensated at a fixed fee rate, the invoice will itemize fees per plan type and per plan check. Invoices will contain a certification by a principal member of the team specifying that the payment requested is for services performed in accordance with the terms of the agreement. Upon approval, the City shall pay Willdan for all items stated thereon which are approved by the City pursuant to the Agreement no later than forty-five (45) days after invoices are received by the City’s Finance Department.

Please see Schedule A in Appendix A regarding Plan Check Compensation.

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City of Lake Elsinore

APPENDIX A
Engineering Plan Check Fee Schedule
Fee includes review of applicable supporting Hydrology and Hydraulics Reports, Geotechnical Reports, utility reports and any other supporting documentation as applicable for the review to meet current City of Lake Elsinore standards, guidelines and requirements. The key resources are the latest edition of the City of Lake Elsinore Engineering Design Guidelines Manual for the Preparation and Checking of Street Improvement, Drainage and Grading Plans and Lake Elsinore Standard Drawings which can be found posted at the following City Engineering Department website under “Drawing Standards” http://www.lake-elsinore.org
Fee is for up to three (3) plan reviews and one (1) final mylar review for approval – total of 4 reviews.

Plan reviews in excess of 4 are billable on a time and material basis. Consultant to notify City and responsible party of excess and additional fees to be charged. The City will invoice and collect additional fees.

Fast Track performance fees shall be 1.5 times those shown above. Fast Track is expedited, on demand with turn-around time between 3 to 5 business days.

The plan check consultant shall receive 85% of the calculated fee for each plan check submittal. Fees are subject to change by City Council action; a minimum of 30-days’ notice shall be provide to the consultant plan check firm of any adopted fee changes.

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I. GRADING & DRAINAGE PLANS – Note, an additional plan check fee will be assessedbased on the “Road, Street & Utility Improvement Plan” fee schedulebelowfor hardscapeimprovements show on and to be constructed by the grading plan. Plan check review of those improvements will be part of the plan approval.

CUBIC YARDS CURRENT CITY GRADING PLAN CHECK FEES
100 Cubic Yards or Less: $200.00
101 – 1,000 Cubic Yards $220.00 for the first 100 cubic yards, plus $50.00 for each additional 100 cubic yards or fraction thereof x 91%
1,001 – 10,000 Cubic Yards: $670.00 for the first 1,000 cubic yards, plus $50.00 for each additional 1,000 cubic yards or fraction thereof x 91%
10,001 – 100,000 Cubic Yards: $1,120.00 for the first 10,000 cubic yards, plus $190.00 for each additional 10,000 cubic yards or fraction thereof x 91% 100,001 – 400,000 Cubic Yards: $2,830.00 for the first 100,000 cubic yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91%
Over 400,000 Cubic Yards: $6,130.00 for the first 400,000 cubic yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91%
REVISIONS to approved plans $450.00 per sheet
II. ROAD, STREET & UTILITY IMPROVEMENT PLANS

SUBDIVISION /COMMERICAL ESTIMATE CURRENT CITY PLAN

CHECK FEES
0-$50,000 4.5%
$50,000-$300,000 4.0%
$300,000-$700,000 3.5%
$700,000-$1,000,000 3.0%
$1,000,000 and greater 2.5%
Revised or Redesigned Public Works Improvement Plans $450 per sheet Streetlights as separate plan check, Traffic Signing & Striping, Traffic Control, Haul Route Plans (as part of improvement plan set) $450 per sheet
Traffic Control as part of encroachment permit application (11x17) Per hour rate for review

NON-SUBDIVISION-SINGLE FAMILY RESIDENTIAL CURRENT CITY PLAN

CHECK FEES
Public Works Improvement Plans-Based on Engineer’s Estimate 7.5% City of Lake Elsinore
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City of Lake Elsinore
III. OTHER PLAN CHECKS

OTHER PLAN CHECKS CURRENT CITY PLAN

CHECK FEES
Final Tract Map $1,700 + $55 per lot
Parcel Map $1,600 + $45 per lot
Redesigned Tract/Parcel Maps in Process $450 per sheet
Revised Approved Tract/Parcel Maps $450 per sheet
Lot Line Adjustments-Two Lots Only $400
Lot Line Adjustment-More than two lots $500 + $55 per lot Dedication: Easement, Right of Way $440
Certificate of Compliance $450
Parcel Merger $400 +$25 per lot
Street Abandonment/Vacation $1,100
Certificate of Correction $450
Water Quality Management Plan (WQMP) Review - PRELIMINARY $1,750.00 Water Quality Management Plan (WQMP) Review - FINAL $1,750.00 IV. TRAFFIC STUDIES
The City has current agreements with various Traffic Engineers who can review traffic studies.

However, should circumstances require it; consultant may be asked to review traffic studies. Any traffic studies to be reviewed will be provisional for a lump sum fixed fee cost for review. If agreed upon by City, this will be considered a separate task order under the As Needed, On Call Agreement.

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APPENDIX B
In addition to plan checking services, Willdan Engineering is a fully staffed engineering design and construction management firm. Our firm was founded as a firm providing municipal engineering services to public agencies in California. We provide staff to client cities on contract/staff augmentation basis and are very familiar with the inner workings of cities. Daily we are involved with public infrastructure planning, finance, design, and construction. If the City requires any the services, Willdan is fully prepared to provide them in accordance with the Schedule of Hourly Rates on the next page.

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City of Lake Elsinore

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
Michael Baker International Page 1

AGREEMENT FOR PROFESSIONAL SERVICES
Michael Baker International, Inc.

Plan Check Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as of June 27, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Michael Baker International, Inc., a corporation ("Consultant").

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

Plan Check Services
B. Consultant has submitted to City a proposal, dated March 24, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

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

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

AGREEMENT

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

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2023 and

ending June 30, 2026. 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.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed two hundred thousand dollars and no cents ($200,000.00) without additional written authorization from the City. Notwithstanding any provision of 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.

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.

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

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. 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.

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.
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.
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: Michael Baker International, Inc.

Attn: John D. Tanner III, PE
40810 County Center Drive, Suite 200
Temecula, CA 92591

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.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

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

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

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

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to

make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) 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]

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”
Michael Baker International, Inc., a
Corporation

By: John Tanner III, PE
Its: Vice President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
Statement of Qualifications

PLAN CHECK SERVICES
WeMakeADifference
40810 County Center Drive, Suite 100 | Temecula, CA 92591 Ph 951-676-8042 MBAKERINTL.COM
We Make a Difference
March 24, 2023
City of Lake Elsinore
Engineering Department
130 South Main Street
Lake Elsinore, CA 92530
Re: Proposal for Plan Check Services for Engineering Department Michael Baker International (Michael Baker) is excited at the opportunity to again support the City of Lake Elsinore (City) and are submitting this proposal as a response to the RFQ for "Plan Check Services for the Engineering Department." The City has a rich past that reaches over 135 years since its incorporation in 1888. Positioned along the Butterfield Stage Route, Lake Elsinore's City Hall is located just 16 miles from our Temecula office, where we have over 30 engineers, surveyors, and planners. The Michael Baker team is committed to the City to provide responsive service and will be within arm’s reach of the City allowing for quick response times, and easy meeting coordination.

Introduction of the Firm
Working in Southwest Riverside County for over 35 years supporting our communities, Michael Baker is a leader in engineering, consulting, planning, technical, and professional services with a local focus and global expertise. Michael Baker has over 90 offices and 3,000 employees worldwide and offers a full continuum of innovative solutions in engineering, planning, survey, architectural, environmental, construction, program management and life cycle support, as well as information technology and communications services. The company provides comprehensive services in support of federal, state, and municipal governments.

Work provided for this contract with the City will be completed from Michael Baker’s “TOPS” Region, or Temecula, Ontario and Palm Desert offices with technical support coming from throughout the region. Our Temecula office, which will be the primary office servicing the City, allows the team to provide a quick in-person response time.

Additionally, during the pandemic, Michael Baker’s staff worked from home for almost three years. Now that restrictions are lifting, staff are encouraged to work in the environment most conducive to productivity – be that home or the office. We are proficient at providing efficient and seamless support to our clients through the variety of communication media commonly used, often resulting in more cost-effective meetings and services.

Summary of Qualifications
The Michael Baker Team brings elevated value to the City and efficiency to each task by emphasizing the consultant-client partnership and employing a complete-picture perspective. By convening the experience of our in-house engineers, environmental specialists, surveyors and construction management professionals, we can provide quality plan check services based on our experience with innovative solutions that consider the entire arc of a project, mitigate risk, save money and expedite delivery. In addition, we offer the City the following benefits:
• Past Experience with the City | Michael Baker has provided services for several projects in the Lake Elsinore Valley and surrounding communities, ensuring our understanding of staff needs and City policies, procedures, and design standards. • Exceptionally Qualified Leader | Contract Manager/Main Point of Contact, Todd Pitner, brings 27 years of experience spanning all aspects of engineering for a wide variety of public works projects. As Manager of this contract, Todd has served as the Project Manager for multiple agencies, during which he has gained YEAR FOUNDED: 1940
FORM OF ORGANIZATION: Private
Corporation
LEGAL NAME OF FIRM: Michael
Baker International
CONTACT INFORMATION:

Todd Pitner, PE, QSD/P
40810 County Center Drive, Ste 200
Temecula, CA 92591
[email protected].

CALIFORNIA DEPT. OF INDUSTRIAL
RELATIONS #: PW-LR-1000631983
OFFICES: Locally: 9; Nationally: 90
EMPLOYEES: Locally: 526; Nationally:
3,000

SOUTHERN CALIFORNIA OFFICES &
NUMBER OF EMPLOYEES:

Temecula (35); Ontario (61); Palm
Desert (22); Santa Ana (253); Los
Angeles (6); Long Beach (24);
Camarillo (11); Carlsbad (42); San
Diego (88)
40810 County Center Drive, Suite 100 | Temecula, CA 92591 Ph 951-676-8042 MBAKERINTL.COM
invaluable experience working with clients and managing public expectations. Todd brings unique experience and understands the approval process from a local agency's point of view, an experience that few consultants have.  Rapid Response Times | With a robust capacity of more than 500 local professionals (nationally 3,000+), Michael Baker has the resources and capacity to provide the City with continuous undisrupted service while performing multiple complex reviews simultaneously. Our staff knows how to meet demanding project schedules by pooling our resources from qualified staff throughout the region, to provide our clients responsive, insightful service and on-time performance.  Multi-Discipline Capabilities & Depth of In-House Resources | Michael Baker team members provide a diverse range of experience in each of the disciplines required for this contract. Michael Baker can utilize the staff resources and skill sets of other offices within the firm as needed to support tasks or projects that may have compressed timelines. With this deep bench of resources, Michael Baker can provide the City with flexibility, quick response times, and the proven ability to modify any course of action to accommodate changing project needs.
 Fully Committed Team | Michael Baker is committed to providing the City the full-service resources available through a large firm combined with the high quality and personal attention expected of a regionally focused company. Our local knowledge, participation in community associations, and history providing professional services throughout Southern California gives us a distinct edge to serving the City in an effective manner.  A Reputation for Being Good Neighbors | Because we specialize in public works and land development projects, we constantly interface with community groups, residents, and business and property owners throughout Southern California. We will work with the City to efficiently address stakeholder concerns; to publicize the projects impacting their neighborhoods, and that their opinions are considered.
 Capability and Commitment in a COVID-19 World | The Michael Baker Team has the capacity required to staff and successfully deliver plan checks under this contract. In today’s COVID-19 world we have successfully transitioned to a virtual work environment.

Since the pandemic began in March 2020, we have proven that we can effectively and efficiently serve our clients and deliver successful results. Throughout the past three years, Michael Baker has made significant investments in technology that have allowed our team to seamlessly work without barriers due to location.

This proposal is valid for a term of 120 days from the date of submittal. We look forward to continuing our dedication and support of the City, and we are fully committed to assisting with its continued success to “Dream Extreme." Respectfully submitted,

MICHAEL BAKER INTERNATIONAL
John Tanner, PE, QSD/P Todd Pitner, PE, QSD/P
Vice President Contract/Project Manager
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 3
Table of Contents
Cover Letter............................................................................................................................................................................................................. 1 Professional Services to be Provided.................................................................................................................................................................. 4 References – Representative Contracts............................................................................................................................................................. 5 Professional Services Agreement Negotiation................................................................................................................................................ 11 Insurance ............................................................................................................................................................................................................... 13 Firm’s History........................................................................................................................................................................................................ 14 Plan Checking Staff.............................................................................................................................................................................................. 15 Organization Chart ............................................................................................................................................................................... 15 Team Qualifications.............................................................................................................................................................................. 16 Key Team Resumes............................................................................................................................................................................... 19 Plan Check Task Order Approach...................................................................................................................................................................... 26 Statement of Qualifications
Plan Check Services for Engineering Department
Page | 4
Professional Services to be Provided
Michael Baker has the capability and experience to provide the following Plan Check Services:
• A thorough review of all plans, online resources, studies, and supporting documents is necessary to avoid unnecessary plan check cycles that compromise overall scheduling goals. This requires our approach to identify all relevant issues during the first core plan check. We have found through experience that investing additional time up front to perform a complete review makes the overall process to the finish line quicker and smoother for all parties. • Plans, studies, and other supporting documents will be reviewed for conformance with general requirements described in City standards and examples, planning, and zoning interpretations, ordinances, construction codes, industry standards, and technical documents.
• All submitted plans and reports will be cross-checked for completeness and consistency of information and potential nonconformance with the approved Tentative Map and other provided documents. • Plans, reports, and calculations will be reviewed for consistency with other applicable state and federal requirements such as the Uniform Building Code, ADA, FEMA National Floodplain Insurance Program, and International Building Code (IBC). • We will confirm the status of required approvals and agreements with other reviewing agencies such as CEQA requirements, Riverside County, California Water Board, Caltrans, Army Corp of Engineers, and other stakeholders, including neighboring cities and/or private landowners.
• Where applicable, final maps will be reviewed to ascertain that signature omission letters and subordination agreements have been executed with the city, county, or other approval agencies. • Michael Baker’s team will review the submittal package for conformance with City standards and “accepted engineering practices,” with special consideration to those issues that potentially impact health safety or private property. These issues might include existing non-conformities with sight distance, traffic safety, and flood-prone areas. Our team of experienced project managers and licensed engineers have an extensive project experience, blends design, and plans to check expertise. This unique combination of experiences allows us to identify complex issues that stretch beyond conformance with published standards. We will not mandate design decisions that the Engineer should make of Record. • When requested by the City, Michael Baker’s team will provide other engineering and/or transportation related professional services in the areas of Plan Checking and/or Development Review technical support. • Michael Baker will sign maps in the capacity of City Surveyor.

Statement of Qualifications
Plan Check Services for Engineering Department
Page | 5
References – Representative Contracts
To demonstrate our experience, Michael Baker has provided plan check services for regional agencies listed below:
• City of Banning
• City of Carlsbad
• City of Chino Hills
• City of Coachella
• City of Corona
• City of Indian Wells
• City of Lake Elsinore
• City of Menifee
• Metropolitan Water District
• City of Murrieta
• County of Orange
• City of Palm Desert
• City of Rancho Mirage
• County of Riverside
• City of San Bernardino
• City of San Diego
• City of San Juan Capistrano
• City of San Diego
• City of San Marcos
• City of Upland
• City of Moreno Valley
On-Call Plan Checking Services | Carlsbad, CA
Michael Baker provided professional engineering and land surveying plan check services on an as-needed basis.

Michael Baker reviewed plans, studies, calculations, maps, and supporting documents for conformance with state and local requirements and accepted practices. All plans were checked in accordance with the latest edition of the City's Project Engineer's Manual and Standards for Design Construction of Public Works Improvements in the City of Carlsbad.

Michael Baker staff provided reviews of improvement plans; grading and erosion control plans; final maps and parcel maps; water, sewer, and recycled water improvement plans; stormwater management plans (SWMP) and water pollution control plans (WPCP); and stormwater requirements applicability checklist for best management practices (BMP). This three-year contract allowed Michael Baker team members to function as an extension of City staff.

The team met all deadlines established by the City and therefore never incurred a late fee. Michael Baker’s office location – just 2.4 miles from the City – helped meet these deadlines and facilitate response to same-day requests.

On-Call County-Wide NPDES Program | Riverside County, CA Michael Baker holds an on-call contract to provide assistance with implementation of the Riverside County Transportation Department’s (RCTD) NPDES program.

Tasks include construction site inspection for construction general permit compliance on Caltrans oversight projects and non-Caltrans projects; SWPPP review, including redlines, specific comments, and assistance to RCTD staff in developing a document review procedure including plan-check of water quality management plans (WQMPs); best management practice (BMP) evaluation and recommendations for highway and roadway sites; post-construction BMP selection and design, including WQMP development; development and delivery of extensive CGP and MS4 compliance training for RCTD plan checkers and inspectors; and creation of a central tracking database to manage all NPDESrelated documents, including MS4- and CGP-required inspections, monitoring, and implementation documents.

Jackson Street Widening Plan Check | Riverside County, CA As part of an on-call agreement, Michael Baker provided project management-level civil plan review on behalf of the client partnered with the City of Indio to address traffic congestion, drainage deficiencies, and pedestrian and bicycle accommodations within the Jackson Street and Avenue 50 Intersection Improvement Project limits.

REFERENCE:

CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CALIFORNIA 92008

FORMER COMMUNITY DEVELOPMENT

DIRECTORY, GLEN VAN PESKI
REFERENCE:

RIVERSIDE COUNTY TRANSPORTATION
DEPARTMENT | 2950 WASHINGTON
RIVERSIDE, CALIFORNIA 92504
CLAUDIA STEIDING | 951-955-1694
[email protected] I
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 6
The project included construction for roadway widening, traffic signals, storm drains, and improvements to bicycle lanes and sidewalks along Jackson Street from approximately 1,600 feet south of Avenue 52 to Avenue 49. Improvements also incorporated the improvements on Avenue 50 from approximately 700 feet west of Avenue 50 to the City of Coachella boundaries to the east and widening Avenue 52 from approximately 750 feet west of Jackson Street to approximately 2,000 feet east of Jackson Street.

On-Call Plan Check Services | Corona, CA
Michael Baker provided plan check review for development projects, including Sierra Bella, Arantine Hills, Villages of Terrassa, Montecito, and Encanto Apartments.

Task orders included reviews of plan-check submittals for various apartment development plans for compliance with city codes, policies, project conditions of approval, and applicable federal and state requirements. The team also provided review of water quality and drainage aspects for the proposed developments. The Arantine Hills project included review of a future RCFCD facility, and the plan check was completed in coordination with the district.

Traffic Engineering Plan Checking | Murrieta, CA
Michael Baker is currently providing plan checking services to the City of Murrieta.

Services include: traffic engineering plan checking to ensure compliance with City, County and State standards; and plan review including signing and striping plans, stage construction/traffic handling plans, and traffic signal plans. In addition, Michael Baker is providing assistance in the preparation signal timing plans.

Currently, Michael Baker is working closely with City staff to develop standard procedures and guidelines for traffic plans and specifications. Also, Michael Baker is involved in reviewing construction cost estimates associated to these projects.

Michael Baker maintains a project status matrix that includes the project name, type of plans and submittal dates. This matrix is constantly updated to facilitate the review process.

Engineering and Traffic Signal Management Services | Menifee, CA Michael Baker provided traffic engineering and transportation planning services to the City of Menifee. Michael Baker provided an on-site traffic engineer who served and represented the City, interfacing with the public, staff, community groups, contractors, inspectors, engineers and other governmental agencies. Services included:
• Review traffic, parking, and circulation along elementary and middle schools and provide recommendations for improvements
• Review traffic, off-site parking and circulation at San Jacinto Community College and provide recommendations for improvements
• Address citizens’ complaints
• Prepare work orders and associated design plans for City’s maintenance staff • Review traffic and parking studies and assist City staff in the development of engineering and development polices, regulations and ordinances in relation to traffic analysis; review site plans and prepare “Conditions of Approval” for proposed developments • Review signing and striping plans, traffic signal plans, and stage construction / traffic handling plans for various projects • Prepare and implemented traffic signal timing plans
• Provide construction support for various projects
REFERENCE:

CITY OF CORONA | 400 SOUTH VICENTIA
AVENUE, CORONA, CALIFORNIA 92882

MICHELE HINDERSINN, PE, SENIOR
ENGINEER | 951-739-4951
[email protected]
REFERENCE:

CITY OF MURRIETA | 1 TOWN SQUARE
MURRIETA, CALIFORNIA 92562
BOB MOEHLING | 951-461-6036
REFERENCE:

CITY OF MENIFEE | 29714 HAUN ROAD
MENIFEE, CALIFORNIA 92586
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 7
In addition, Michael Baker worked closely with City staff to develop standard procedures and guidelines for traffic plans and specifications. Also, Michael Baker was involved in reviewing construction cost estimates, specifications and all traffic plans for City Improvement Projects.

On-Call Surveying and Mapping Services | County of Riverside, CA Michael Baker is currently providing on-call services to the County Surveyors Office that include map checking for Tract Maps, Parcel Maps, Records of Surveys, and Corner records according to the Riverside County Map Preparation Manual and compliance to the Professional Land Surveyors Act.

On-Call Engineering | Palm Desert, CA
Michael Baker is currently contracted with the City of Palm Desert to provide City on-call City Engineer services over both the Public Works/CIP Division and Land Development Division of the Engineering Department. Work includes the review of Engineering plans for developments within the City, as well as oversight and administration of the City’s current Capital Improvement Projects.

In addition, Michael Baker has been providing City Surveyor services. Michael Baker regularly reviews and approves all Tract Maps, Parcel Maps, Parcel Map Waivers and supporting survey or mapping documents submitted to the City for compliance with the Subdivision Map Act, the Professional Land Surveyors Act and City Ordinances. Additionally, Michael Baker has provided survey and mapping services including Parcel Map preparation for the Civic Center, San Pablo Avenue, right-of-way and temporary construction easements, and high-accuracy control work to rehabilitate survey monumentation for public streets on numerous Capital Improvement Projects within the City of Palm Desert. Work includes record research, initial boundary and control surveys, right of way and realignment surveys as well as replacing horizontal and vertical survey control monuments and filing appropriate documents with various agencies.

On-Call Surveying and Mapping Services | County of Orange, CA Michael Baker is currently providing on-call services to the County of Orange for map checking of Subdivision maps. This service includes review of the boundary reestablishment for compliance with the PLS Act and Boundary Establishment Case Laws, variety of civil code clauses (such as Public Resource code) and Local Ordinances, review of the map content for compliance with the Subdivision Map act, Local Ordinances, Tentative Map Conditions of Approval and Recording Requirements. This work includes review of title documents, easement documents, technical review of maps and recommendations for approval.

Engineering and Survey Plan Checking | Murrieta, CA
Michael Baker is currently providing plan checking services to the City of Murrieta.

Services include: Reviewing Engineering Plans, Reviewing Parcel and Tract Maps to ensure compliance with City, County and State standards; and reviewing legal descriptions and plats for easements and lot line adjustments.

Currently, Michael Baker is working closely with City staff to develop standard procedures and guidelines for traffic plans and specifications. Also, Michael Baker is involved in reviewing construction cost estimates associated to these projects.

Michael Baker maintains a project status matrix that includes the project name, type of plans and submittal dates. This matrix is constantly updated to facilitate the review process.

REFERENCE:

COUNTY OF RIVERSIDE | 4080 LEMON ST
RIVERSIDE, CALIFORNIA 92501
DAVID MCMILLAN, PLS | 951-955-6700
REFERENCE:

CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260
RANDY BOWMAN | 760-346-0611
REFERENCE:

COUNTY OF ORANGE | 601 NORTH ROSS ST
SANTA ANA, CALIFORNIA 92701
LILY SANDBERG, PLS | 714-967-0846
REFERENCE:

CITY OF MURRIETA | 1 TOWN SQUARE
MURRIETA, CALIFORNIA 92562
BOB MOEHLING | 951-461-6036
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 8
Comprehensive Planning Services | Eastvale, CA
Michael Baker provided comprehensive planning services this recently incorporated City in Western Riverside County.

Michael Baker served as the City's planning staff, providing current and advance planning processing, counter staffing, Planning Commission meeting facilitation; plan review; staff reports preparation; City functions participation; CEQA compliance and review; Tribes on SB18 and AB52 coordination; Western Riverside County Regional Conservation Authority (RCA) coordination for their Multiple Species Habitat Conservation Plan (MSHCP); and special project work, such as preparation of the City's Economic Development website.

The Planning team routinely coordinated with the City Manager, City Attorney, Public Works team, and other key staff at the City. Project Examples include:

Eastvale Crossings – The project involved development of a WalMart shopping center. Staff processed the project application, conducted plan review, and oversaw the preparation of an EIR to satisfy CEQA.

Goodman Business Center – The project involved development of an industrial and business park. Staff processed the project application, conducted plan review, and oversaw conditions of approval for this phased project.

The Campus – The project involved development of an industrial park. Originally processed by the City, the Michael Baker team processed an application to modify the originally approved project. An EIR Addendum was prepared to evaluate the changes to the project.

Costco – The project involved development of a new commercial shopping center. Staff work to efficiently review and process project plans in time for a fall 2018 opening.

Lewis Retail Center – The project involved the development of a new retail and municipal center, including a government center and library.

Michael Baker coordinated with the developer to process the appropriate entitlements, peer review technical reports, and oversee the preparation of an EIR.

Milliken Distribution Center – The project involved development of a new warehouse in the northern portion of the City. The planning team processed the project entitlements, coordinated with the RCA regarding potential impacts to Delhi sand flower-loving fly, conducted AB52 consultation, and prepared an IS-MND to satisfy project CEQA requirements.

REFERENCE:

CITY OF EASTVALE | 12363 LIMONITE
AVENUE, SUITE 910
EASTVALE, CALIFORNIA 91752
BRYAN JONES | 951-361-0900
[email protected]
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 9
Proven Plan Review Experience
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 10
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 26
Plan Check Task Order Approach
Proposed Strategy
Michael Baker’s professional staff has been providing plan checking services for over two decades in both the engineering and planning arenas. Michael Baker staff frequently uses both Adobe Acrobat Professional and Bluebeam PDF software products to review, track comments, and document revisions to construction drawings, reports, and other submittal documents. Michael Baker provides plan check services and has expertise and experience in nearly all categories listed in the Request for Qualifications. Our plan check services include:
• Drainage Improvement Plans
• Hydrologic and Hydraulic Calculations
• Structural Calculations
• Street Improvement Plans
• Grading Plans & Erosion Control Plans
• Water-Sewer Plans
• Final Subdivision Maps and Environmental
Constraint Sheets
• Adequacy of Right of Way and/or Easement
Requirements
• Signing and Striping Plans
• Street Light Plans
• Traffic Signal Plans
• Traffic Control Plans
• Covenants, Conditions and Restrictions (CC&Rs)
• Bonding Estimates
• CEQA Documents; Regulatory/Resource Agency
Permits; MSHCP Compliance Documents
• Water Quality Management Plans (WQMP)
• Encroachment Permits (EP)
• Geotechnical Reports
• Storm Water Pollution Prevention Plans
(SWPPP)
• Technical Specifications
Michael Baker utilizes a multi-discipline team approach and state-of-the-art technology to serve our clients in the plan checking process.

The firm is committed to providing the City the full-service resources available through a large firm combined with the high quality and personal attention expected of a regionally focused company. Our local knowledge, participation in community associations, and history providing professional services throughout Southern California gives us a distinct edge to serving the City in an effective manner.

Michael Baker also understands that Project demands can fluctuate resulting in additional or reduced deployment of staff. Michael Baker addresses this concern by having multiple staff members with a wide variety of experience and availability to meet the demands. With our Southern
California resources, our staff have the
expertise and personnel to facilitate
review of a large or small project
depending on the needs of the project
and the expectations of our clients.

Michael Baker employs a variety of cost control and budget methodologies for our plan checking services. It is our goal not to just staff the project as necessary but to staff it with the most qualified and appropriate personnel available. We also understand the need to work as efficiently as possible, and we will evaluate where forces are already being utilized and create efficiencies where possible so that we will meet or beat the target turn-around timeframe provided.

Mobilizing appropriate staff quickly is essential to the smooth commencement and progress of assigned plan checks. This requires a balanced management approach that emphasizes streamlined communication and quality control. To assist with fluid communication between the City and the Team, Todd Pitner will act as the Team’s primary point of contact to the Statement of Qualifications
Plan Check Services for Engineering Department
Page | 27
City. Todd will evaluate each plan check request and, together with the City, identify the appropriate personnel for each assignment. Todd will then work closely with our proposed service area Leads (identified on our organizational Chart), who will manage individual assignments, clearly communicate assignments to their respective teams, and coordinate the flow of work from desk to desk, discipline to discipline, through delivery. Leads will be responsible for project oversight, budget and schedule monitoring, and overall product quality.

Commitment To Quality Control
Throughout each assignment, discipline leads will work directly with Todd to implement our in‐house Quality Assurance/Quality Control Program. This process emphasizes quality control as a continuous process used on a daily basis as work proceeds throughout each assignment. By assigning control of the QA/QC process to a collaborative effort between Contract and discipline lead, we do our best to ensure each element of each plan check is held to a consistent and singularly quality standard.

Michael Baker's Quality Management Program has four major components: Quality Assurance; Quality Control; Schedule and Cost Control; and Project Wrap Up. This program is based on Total Quality Management (TQM) principals. The Quality Assurance component provides to the early prevention of errors and omissions. Ensuring quality starts with an assignment of the best qualified team and implementation of a plan that will manage quality throughout the life of the contract. The Principal and Quality Assurance Managers will work with the Contract Manager to:
• Ensure that our team understands the specific expectations and project objectives and will develop a project plan (budget and schedule) that will realistically meet those expectations and objectives. • Review all work performed.
• Ensure on-time delivery of the appropriate documents at the appropriate milestone.

Understanding Of Various Tasks
In an attempt to address and show understanding of the disciplines that could be tapped under this contract, below are general summaries of Michael Baker’s experience and qualifications as it relates to the various fields identified in the Request for Qualifications. Because we have performed these services for so many years, we know what to look for when plan checking.

STREETS/PAVEMENT/ADA
Roadway Design/Pavement Rehabilitation | Michael Baker's pavement rehabilitation and roadway design experience includes all phases of the roadway development process and all sizes of projects. The firm has guided many projects from the feasibility stage through preliminary and final design and on through construction.

ADA Compliance | As part of traffic improvement projects, existing access ramps, sidewalks, and driveway approaches may not be current with ADA compliance standards. Michael Baker routinely reviews current Title 24, ADA regulations to identify updates to standards. In addition, we are aware of the current Caltrans changes to their ADA guidelines restricting gradients to less than the maximum ADA compliance standards. Michael Baker has designed hundreds of Caltrans-level ADA applications across the Inland Empire.

School Crossing, City of Pomona
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 28
Traffic Signal Design | Traffic signal design for various agencies and private developers is one of Michael Baker’s primary services. In the last 25 years, we have designed more than 2,000 signals and 500 signal communication systems for local municipalities and regional transportation planning agencies throughout California. Our team has prepared traffic signal, traffic signal modification, and traffic signal communication plans for various agencies including SBCTA, San Bernardino County, Riverside County, Caltrans Districts 7, 8, 11, and 12, and various cities throughout Southern California.

Signing/Striping, and Traffic Controls | Michael Baker will utilize Caltrans, County of San Bernardino Standard Plans and Specifications, CA MUTCD, ITE, and California Vehicle Code and industry policies and standards for the evaluation and analysis of intersections, roadways, bikeways, and the preparation of the specific traffic engineering design.

Traffic Signal System Design, Communication and Timing | Michael Baker’s staff is highly experienced in preparing traffic signal and timing plans. The timing of traffic signals should be developed to provide the optimal traffic flow for a specific intersection or corridor. To comply with the CA MUTCD, base parameter intervals must be calculated based on field measurements and County speed surveys. When developing optimal signal timing, special consideration must be given to time-of-day demands and holiday schedules. Coordination plans should be developed along corridors for peak periods, but coordination settings must be carefully monitored to ensure traffic flow is progressing, as desired. Michael Baker can use County traffic management software to make appropriate changes or provide recommendations for County staff to update signal timing.

Traffic Studies | Michael Baker’s team will review and/or produce traffic studies as needed for the County. A standard workflow will be used for the review of any traffic VMT impact analysis to ensure all CEQA requirements are met. Additionally, we will utilize the correct HCM capacity analysis methodologies to calculate level of Service will be utilized for traffic operations studies. Left turn phasing, traffic signal analysis, and safety studies that meet all California Vehicle Code and CA MUTCD requirements can be produced to support County traffic improvement initiatives. The Michael Baker Team will utilize Traffic analysis programs such as Synchro with Simtraffic, Trutraffic, and VISSIM as appropriate to analyze conditions based on the County needs.

Construction Staging and Traffic Control and Detours | Michael Baker will provide detailed construction staging and traffic control planning specific to the anticipated construction improvements for the street rehabilitation projects. The construction improvements for the County will be staged to minimize impacts to vehicle, truck transit, bicyclist, and pedestrian traffic. Specific construction work areas will be protected from traffic in accordance to each construction stage, type of construction, and construction equipment that will be required within the work area. The construction stage areas will be designed to maximize lane usage for all traffic movements, maintain pedestrian and bicyclist access routes on local streets, and provide a safe workable area.

STRUCTURAL ENGINEERING
Michael Baker provides a wide range of Structural Engineering services including design of buildings; bridges; flood control facilities; water resources structures; retaining, sound, and security walls; and special structures. Projects completed by Michael Baker are designed under the supervision of State Licensed Structural Engineers. Examples of Michael Baker’s structural engineering experience include:

Bridges | Michael Baker provides a full range of services from preliminary engineering and preparation of Advance Planning Studies through final design and preparation of Plans, Specifications, and Estimate (PS&E) packages. Bridges are designed to the latest edition of the AASHTO-LRFD Bridge Design Specifications including Caltrans supplements and modifications and incorporating local municipality requirements. To optimize the final design, Michael Baker utilizes the latest software developed specifically for bridge design including MIDAS Civil Bridge Finite Element Analysis, Xtract, LPILE, CTAbut, RetainPro, AASHTOWare BrR, and a large cache of licensed alternatives.

Michael Baker’s bridge design experience includes a wide variety of structure types and utilizes numerous construction methods and materials. Michael Baker also offers comprehensive bridge inspection, rehabilitation, and load rating services with local FHWA/NHI certified bridge safety inspectors holding SPRAT/IRATA rope access certifications for ease and cost-effective access to bridge elements without requiring expensive specialized equipment.

Signal Assessment
Palm Springs, CA
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 29
Flood Control Structures | Michael Baker has experience in the structural design of single- and multi-barrel box culverts, multi-plate arch culverts, box inlet structures, channel transition structures, rectangular channels, drop structures, drop inlet structures, energy dissipater and dam outlet structures (e.g. Prado Dam), and special box designs providing large access shafts for maintenance equipment.

Water Resources Structures | Michael Baker has designed pumping station buildings and equipment foundations, lift stations, water delivery system structures including blow-off structures and service connection structures (turnouts and metering vaults), circular pre-stressed concrete reservoirs, steel tanks, and equipment vaults.

Retaining/Sound/Security Walls | Michael Baker has extensive experience in the design of sound walls, security walls, and earth retaining structures including conventional spread- and pile-footing CIP concrete, mechanically stabilized earth (MSE), ground-anchor, soldier-pile, steel sheet pile, crib, masonry block, and timber trail retaining walls. Michael Baker’s designs have utilized numerous construction methods and materials including geotextiles, cast-in-place concrete, shotcrete, masonry, and structural steel.

Special Structures | Michael Baker has design experience with pedestrian/equestrian trail and trail bridge, retaining wall, and erosion prevention structures; post-installed sail shade structures; scour countermeasure and foundation retrofit structures; seismic retrofit analysis and design of existing bridge and building structures; water-main and pump station retrofit structures; toll gantry seismic design; unique utility crossings; and other unique and innovative approaches to unusual structural challenges.

Storage/Facility Buildings | Michael Baker’s staff of structural engineers and designers provides analysis, construction documents, and support during construction for new buildings as well as remodeled or rehabilitated structures. Extensive experience includes the design of multi-story buildings constructed of concrete, steel, masonry, and timber built for a variety of uses including hotels, restaurants, shopping centers, office buildings, schools, and industrial facilities. Michael Baker also provides structural engineering design and technical reports for the rehabilitation of existing structures required by current seismic code requirements, including the latest design guidelines.

HYDROLOGY AND HYDRAULICS
Storm Drain/Hydrology and Hydraulic Design | Michael Baker has planned and designed storm drainage and flood control facilities for public agencies and private developers throughout Southern California. The firm has prepared preliminary drainage studies for addressing such issues as dam inundation, flood hazards, NPDES/water quality issues, wetlands and similar issues. Michael Baker’s specific drainage design capabilities include the preparation of storm drain master plans, sedimentation studies, engineering and economic feasibility studies, concept through construction drawings for storm drain pipelines, earthen dams and spillways, flood control channels, retention basins, and drainage pump stations. The firm is a leader in wetlands restoration and the reclamation of low-lying flood prone areas by designing appropriate flood protection facilities, utilizing the latest in computer programs available, including flood plain mapping, pipe and channel hydraulic analysis, hydrology calculations, drainage master planning, structural design programs for reinforced concrete pipe and rectangular channels, and cost estimating.

Urban Stormwater Engineering Design, Review & Inspection Services | Michael Baker has provided public clients with NPDES compliance services. Relevant experience includes site inspection, permit requirements interpretation, response to notices from regulators and annual reporting. Michael Baker has also developed municipal stormwater programs for various Southern California counties and cities. Michael Baker's Storm Water Quality capabilities include the development of surface water quality plans, research relative to BMP effectiveness, BMP siting, design, construction, construction management and operation, maintenance and monitoring.

Furthermore, Michael Baker has completed studies relative to BMP effectiveness and cost including prototype studies relative to operation and maintenance cost and capital costs evaluation for new construction and retrofit construction. Michael Baker has completed designs for various types of structural controls including natural detention and infiltration basins to structural BMPs such as Sand Filters and MultiChambered Treatment Trains.

Michael Baker has worked continuously with Caltrans for the past 15+ years, developing their storm water quality guidelines, conducting siting studies, initiating the Caltrans BMP Retrofit Pilot Program, launching statewide BMP retrofit projects, developing construction specifications, and refining their stormwater management systems.

Statement of Qualifications
Plan Check Services for Engineering Department
Page | 30

ENVIRONMENTAL
As a leader in the environmental consulting field, Michael Baker offers an extensive array of services associated with environmental compliance and documentation. Michael Baker provides evaluation for the full range of environmental effects for all types of projects, including CEQA and NEPA documentation, air quality and health risk assessments, greenhouse gas analyses, noise studies, regulatory agency permitting, biological resources, visual assessments and photo simulations, traffic studies, drainage/water quality assessments, community/socioeconomic analyses, and biological mitigation/monitoring. Our environmental compliance managers have a broad resume of project experience in urban communities and have worked on numerous complex projects requiring technical specialization, creative solutions, and development of effective and workable mitigation. We can confidently say that our environmental experience makes us primed to assist with any on-call request needed by the City.

Environmental documents prepared by Michael Baker address the full range of environmental and technical issues, with in-house specialists providing technical evaluation for traffic and transportation, flood control and drainage, air quality, climate change, noise, land use, socioeconomics, utilities and services, energy conservation, visual and aesthetic effects, relevant planning, Phase I hazardous materials, neighborhood and construction effects, landform modification, agricultural suitability and many other environmental issue areas. Michael Baker draws upon the profession’s leading subconsultants for biological and cultural resources support to build a multi-disciplinary team of environmental analysts.

Michael Baker is one of only a handful of companies in the Inland Empire that can provide all engineering, survey, hydrology studies, land use planning, environmental planning, and technical services staff in-house. However, we believe that this on-call contract requires a careful balance of experience and cost to ensure that City's projects are completed in the most time and cost-efficient way possible. Our team knows how to adequately assess and scale the type of documentation needed to gain the necessary approvals. Where appropriate, we will recommend ways to reduce the regulatory and CEQA burden of a project and present the full range of compliance options to the City to support decision making. Our integrated services are described in detail below.

Technical Analysis and Peer Review Services | Often, as an extension of agency staff, we are asked to peer review studies submitted by applicants. Our in-house team of technical analysts and seasoned practitioners are available to the City to provide peer review services or prepare technical studies for City initiated projects, including:
 Air Quality, Greenhouse Gas, and Energy Analysis
 Noise Impact Assessments/Analyses
 Traffic Analysis
 Phase I Environmental Assessments
 Visual Impact Analysis
 Cultural Resources

SURVEY AND MAPPING
Land Surveying | Michael Baker survey personnel have performed complete project services, from initial design topography through final monumentation and construction staking on many varied public and private developments throughout the western U.S. All survey crews work under the direct supervision of a Licensed Land Surveyor registered in the State of California. Each survey crew is equipped with the latest survey equipment, state-of-the-art instruments, GNSS receivers and WiFi-enabled field computers. Field data collectors are wirelessly interfaced with our wide area network computer system and internet uplink to ensure accurate and timely information transfers. This means fast turnarounds for tightly scheduled projects. All survey vehicles are equipped with radios and cellular phones for efficient and effective response time. All field personnel have been trained in safety, cost and budget controls. Specific surveys include:
 Aerial Ground Control and Profiles
 Alta/ACSM Land Title Surveys
 Boundary Surveys/Boundary Analysis
 Cadastral Surveying
 Construction Surveying and Staking
 Final Plan/Map Preparation
 Geographic Information Systems (GIS)
 Topographic Mapping/Cross Sections
 Global Navigation Satellite System Surveys
 Legal Descriptions and Mapping
 Monitoring Surveys
 Photogrammetry
 Records of Survey
 Right of Way Surveys
 Topographic/Hydrographic Surveys
Statement of Qualifications
Plan Check Services for Engineering Department
Page | 31
This wide range of surveying services has given Michael Baker the ability to complete even the most challenging survey assignment in a cost effective and efficient manner.

Aerial Topographic Mapping/Photogrammetry | Michael Baker will prepare topographic maps using a workflow that involves Licensed Land Surveyors at every step.

We take advantage of modern technology from photographic instrumentation to gather data, process the data within GIS and graphics computer systems and translate the data to usable form for review by engineers and planners. Our Registered Photogrammetry staff has extensive experience in surveying, remote sensing and analytic photogrammetry.

Monument Ties, Replacement and Corner Record Preparation | Michael Baker will perform a field survey to verify, set or and / or measure sufficient reference tie accessory points and / or monuments to each location of centerline or right of way control that may be destroyed during the construction of the project, as required under Section 8771 of the Professional Land Surveyor Act. After completion of construction, reconstruction or maintenance, Michael Baker will replace any disturbed or destroyed monuments or their accessories as required under said Section 8773.3 of the P.L.S. Act and submit a final Corner Record to the County Surveyors Office for filing as a public record, said final Corner Record document showing the monument(s) or its accessories destroyed, tied out and replaced.

Mapping | Michael Baker provides mapping and boundary services for the full range of projects within the survey profession. All boundary analysis, legal descriptions, parcel maps, tract maps, ALTA / NSPS surveys, records of survey and corner records are prepared by or under the direction of Michael Baker’s registered professional land surveyors.

Right of Way Engineering | Many of Michael Baker's recently completed projects have established the firm as a key provider of right of way engineering and land surveying services. Michael Baker has extensive experience in assembling right of way, topographic and utility information into a digital map database.
3-D Data Acquisition | Michael Baker’s team was a pioneer and early adopter of LiDAR. The firm is the most experienced, well-respected, proficient, well-travelled and active within the profession. Following Michael Baker’s acquisition of Mobile LiDAR technology nearly a decade ago (the second of its kind in the world), the firm’s Mobile LiDAR Team has successfully performed hundreds of projects throughout 24 different U.S. States. Beginning as a way to augment traditional surveys, LiDAR quickly evolved into highly detailed, 3D surveys. We find ever increasing uses of terrestrial point-cloud data. We have used stationary LiDAR to map roof tops for the deployment of solar arrays. We have used it to map 3D scenes converting point clouds to wire frames to 3D rendered objects. We have used mobile LiDAR to non-invasively map and identify which structures are within a floodplain. Michael Baker was one of the first companies in the nation to develop a mobile LiDAR capability and our unit has since racked up thousands of miles mapping roads, bridges, railroads, runways, levees and beaches.

Unmanned Aircraft Systems for In-The-Field Photography/Mapping | Michael Baker has received authorization to utilize unmanned aircraft in the field to provide surveying, GIS / GIT, on-site photography, video and mapping services for projects sensitive to safety as well as accessibility. Though there are restrictions based on areas regarding size, height, air spaces and pedestrians, it is an innovative approach to seeing the progress of the project in 360-degree view for weekly and monthly progress meetings.

Calibration collections are performed to
ensure proper sensor configuration,
alignment, orientation, and point densities
are achieved during field collections.

CITY OF LAKE ELSINORE Consultant Fee Schedule
Plan Check Services for Engineering Department
Michael Baker International accepts the City of Lake Elsinore “Attachment A - Engineering Department Fee Schedule” as published in the February 15, 2023 Request For Qualifications and included herein for reference, including the terms and conditions regarding additional plan reviews, excess and additional fees, and fast track performance fees.

The following rate schedule shall apply for work that is billable on a time and materials basis:

R E Q U E S T F O R Q U A L I F I C A T I O N S P a g e | 1 Hourly Rate Schedule
Rates Valid July 2023 through June 2024
Category $ Hourly Rate Range
Principal / Project Director ........................................................................................................................................................................280 - 310 Senior Project Manager / QA/QC Manager ............................................................................................................................................250 - 280 Project Manager / Technical Manager / Senior Landscape Architect / Senior Plan Checker ........................................................190 - 260 Senior Project Engineer / Senior Traffic Engineer / Senior Planner ...................................................................................................190 - 220 Senior Construction Manager / Senior Resident Engineer ..................................................................................................................180 - 230 Project Engineer / Traffic Engineer / Project Planner / Landscape Designer ................................................................ 160 - 200 Engineer In Training / Designer / Land Surveyor in Training / Technician / Planner / GIS Analyst ............................................120 - 160 Construction Manager / Resident Engineer ...........................................................................................................................................150 - 180 Engineering Assistant / Assistant Planner ................................................................................................................................................ 80 - 120 Admin Assistant / Project Administrator ................................................................................................................................................... 70 - 100 Plan Checker ................................................................................................................................................................................................140 - 190 2-Man Survey Crew .....................................................................................................................................................................................270 - 330 1-Man Survey Crew .....................................................................................................................................................................................165 - 210 Licensed Surveyor .......................................................................................................................................................................................200 - 240 Field Supervisor ...........................................................................................................................................................................................170 - 220  Rates may be adjusted at the beginning of each fiscal year up to the amount of change in the Consumer Price Index, published last 12 month average, not to exceed five percent (5%)  Rate ranges are determined by years of experience and professional qualifications.  Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%.

Vehicle mileage will be charged as an additional cost at the IRS approved rate.

ATTACHMENT A

ENGINEERING DEPARTMENT FEE SCHEDULE
Engineering Plan Check Fee Schedule
Fee includes review of applicable supporting Hydrology and Hydraulics Reports, Geotechnical Reports, utility reports and any other supporting documentation as applicable for the review to meet current City of Lake Elsinore standards, guidelines, and requirements. The key resources are the latest edition of the City of Lake Elsinore Engineering Design Guidelines Manual for the Preparation and Checking of Street Improvement, Drainage and Grading Plans and Lake Elsinore Standard Drawings which can be found posted at the following City Engineering Department website under “Drawing Standards” http://www.lake-elsinore.org Fee is for up to three (3) plan reviews and one (1) final mylar review for approval – total of 4 reviews. Plan reviews in excess of 4 are billable on a time and material basis. Consultant to notify City and responsible party of excess and additional fees to be charged. The City will invoice and collect additional fees.

Fast Track performance fees shall be 1.5 times those shown above. Fast Track is expedited, on demand with turn-around time between 3 to 5 business days.

The plan check consultant shall receive 85% of the calculated fee for each plan check submittal.

Fees are subject to change by City Council action; a minimum of 30-days notice shall be provide to the consultant plan check firm of any adopted fee changes.

I. GRADING & DRAINAGE PLANS – Note, an additional plan check fee will be assessedbased on the “Road, Street & Utility Improvement Plan” fee schedule below for hardscape improvements show on and to be constructed by the grading plan. Plan check review of those improvements will be part of the plan approval.

CUBIC YARDS CURRENT CITY GRADING PLAN CHECK FEES
100 Cubic Yards or Less: $200.00
101 – 1,000 Cubic Yards $220.00 for the first 100 cubic yards, plus $50.00 for each additional 100 cubic yards or fraction thereof x 91%
1,001 – 10,000 Cubic Yards: $670.00 for the first 1,000 cubic yards, plus $50.00 for each additional 1,000 cubic yards or fraction thereof x 91%
10,001 – 100,000 Cubic Yards: $1,120.00 for the first 10,000 cubic yards, plus $190.00 for each additional 10,000 cubic yards or fraction thereof x 91% 100,001 – 400,000 Cubic Yards: $2,830.00 for the first 100,000 cubic yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91%
Over 400,000 Cubic Yards: $6,130.00 for the first 400,000 cubic yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91%
REVISIONS to approved plans $450.00 per sheet

II. ROAD, STREET & UTILITY IMPROVEMENT PLANS

SUBDIVISION /COMMERICAL ESTIMATE CURRENT CITY PLAN

CHECK FEES
0-$50,000 4.5%
$50,000-$300,000 4.0%
$300,000-$700,000 3.5%
$700,000-$1,000,000 3.0%
$1,000,000 and greater 2.5%
Revised or Redesigned Public Works Improvement Plans $450 per sheet Streetlights as separate plan check, Traffic Signing & Striping, Traffic Control, Haul Route Plans (as part of improvement plan set) $450 per sheet
Traffic Control as part of encroachment permit application (11x17) Per hour rate for review

NON SUBDIVISION-SINGLE FAMILY RESIDENTIAL CURRENT CITY PLAN

CHECK FEES
Public Works Improvement Plans-Based on Engineer’s Estimate 7.5% III. OTHER PLAN CHECKS

OTHER PLAN CHECKS CURRENT CITY PLAN

CHECK FEES
Final Tract Map $1,700 + $55 per lot
Parcel Map $1,600 + $45 per lot
Redesigned Tract/Parcel Maps in Process $450 per sheet
Revised Approved Tract/Parcel Maps $450 per sheet
Lot Line Adjustments-Two Lots Only $400
Lot Line Adjustment-More than two lots $500 + $55 per lot Dedication: Easement, Right of Way $440
Certificate of Compliance $450
Parcel Merger $400 + $25 per lot
Street Abandonment/Vacation $1,100
Certificate of Correction $450
Water Quality Management Plan (WQMP) Review - PRELIMINARY $1,750 Water Quality Management Plan (WQMP) Review - FINAL $1,750 Hydraulic and Hydrology Report $1,200
Soils/Geotechnical Report $1,200

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: June 27, 2023
Subject: Riverpark Mitigation Bank Credit Reservation Agreement for Murrieta Creek Multi-Use Trail Project
Recommendation
Approve and authorize the City Manager to execute a Mitigation Credit Reservation Agreement in the initial deposit amount of $119,000 to be applied towards the purchase of mitigation credits pursuant to an Agreement for Sale of Credits in the total amount of $1,190,000 in substantially the form attached and in such final form as approved by the City Attorney.

Background
The City is currently in final design for the Murrieta Creek Multi-Use Trail project extending between Skylark Drive and the current southern terminus of the Lake Levee Trail. As part of the project team, Chen Ryan Associates is providing services to complete final design, permitting, and acquire mitigation credits for the project.

The professional services agreement with Chen Ryan Associates was approved by Council on September 27, 2022 to compete final plans, specifications, and engineer’s estimate as well as securing permits and right-of-way that are required prior to construction of the Murrieta Creek Multi-Use Trail.

Discussion
The Murrieta Creek Multi-Use Trail Project has been authorized to purchase 1.33 reestablishment CDFW mitigation credits and 1.47 rehabilitation CDFW mitigation credits at the Riverpark Mitigation Bank. The credits are not available currently, but are expected to be available at a later date. The Credit Reservation Agreement will enable the City to reserve the credits necessary for mitigation by the project, allowing the project to move forward when construction funding is available.

Murrieta Creek Multi-Use Trail

Fiscal Impact
The Murrieta Creek Multi-Use Trail project is programmed in the City’s CIP budget. The immediate fiscal impact to the City under the Credit Reservation Agreement is 10% of the total purchase price, or $119,000. The remaining balance of the purchase price totaling $1,071,000 will be due within 14 days of the notice of credit availability. If credits are not available by March 31, 2024, the City can elect to extend the agreement or receive a full refund of the deposit.

Attachments
Attachment 1 - Letter from McCollum and Sweetwater
Exhibit A - Murrieta Creek Multi-Use Trail Credit Reservation Agreement McCollum & Sweetwater
Mitigation and Conservation Banking
www.mccollum.com/mitigation
June 9, 2023
Mr. Yu Tagai, PE
Senior Civil Engineer
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
RE: Riverpark Mitigation Bank Credit Reservation Agreement Dear Mr. Tagai:

Thank you for your request to purchase 1.33 re-establishment CDFW mitigation Credits and

1.47 rehabilitation CDFW mitigation Credits at the Riverpark Mitigation Bank at $1,190,000.00 to satisfy certain mitigation requirements for resource impacts on the Murrieta Creek Trail Multi-Use Project. The Bank Sponsor is working with the IRT to release Credits from Phase C of the bank. Meanwhile, in response to your request to reserve Credits from that upcoming release, please execute the accompanying Riverpark Mitigation Bank Credit Reservation Agreement and remit to EIP III Credit Co., LLC, via wire or ACH payment, the deposit amount specified below.

Payment By ACH or Wire
Email [email protected] to request wire instructions.

Including the project name in your request is helpful.

EIP III Credit Co., LLC 1.33 Credits re-establishment
and

1.47 Credits rehabilitation
$ 1,190,000.00
Deposit due on or before June 23, 2023 $ -119,000.00
Remaining total due within 14 days of notice of
Credit availability
$ 1,071,000.00
223 Town Center Parkway #1881 1064 Chalcedony St
Spring Hill, TN 37174 San Diego, CA 92109
(916) 708-2727 * [email protected] (619) 742-2068 * [email protected] Mr. Yu Tagai, PE
June 9, 2023

A PDF copy of the signed Riverpark Mitigation Bank Credit Reservation Agreement may be delivered via email to:

Michael McCollum
[email protected]
With a cc of your transmittal to:

Joseph Williams
[email protected]
We will notify you when Phase C credits are released by the IRT and provide instructions for forwarding the balance due and closing the transaction.

Thank you for your interest in the Riverpark Mitigation Bank. Please contact me if you have questions.

Sincerely,
Michael McCollum
(916) 708-2727
attachments: Riverpark Mitigation Bank Credit Reservation Agreement cc: Mr. Joseph Williams, Ecosystem Investment Partners / via email

Riverpark
Mitigation
Bank

RIVERPARK MITIGATION BANK

CREDIT RESERVATION AGREEMENT
This Reservation Agreement (“Agreement”) is made and entered into this ___ day of ______, 2023 (“Effective Date”) by and between EIP III Credit Co., LLC, a Delaware limited liability company (“Bank Sponsor”) and CITY OF LAKE ELSINORE (“Project Proponent”).

Bank Sponsor and Project Proponent may be referred to individually as “Party” or collectively as the “Parties.” The Parties agree as follows:

1. INTRODUCTION.

1.1. Riverpark Mitigation Bank. The Riverpark Mitigation Bank (“Mitigation Bank” or “Bank”) has been authorized by the Army Corps of Engineers, Los Angeles District (“Corps”), United States Fish and Wildlife Service (“USFWS”), California Regional Water Quality Control Board, Region 8 (“RWQCB”) and the California Department of Fish and Wildlife (“CDFW”), collectively the Interagency Review Team, or “IRT”, pursuant to a Mitigation Bank Enabling Instrument (“BEI”) that was fully executed on October 25, 2019, to operate as a mitigation bank with credits (“Credits”) available for sale. The Credits consist of Waters of the U.S., Waters of the State, and Covered Habitat Credits.

1.2. Project Proponent. Project Proponent is seeking to implement the Murrieta Creek Trail Multi-Use project (“Project”) located within Riverside County, California, which may impact jurisdictional waters, wildlife, and/or habitat values, and seeks to reserve Credits from the Mitigation Bank to compensate for the loss. Project Proponent alone shall be responsible for obtaining the approval of the applicable agencies to mitigate the impacts of its Project(s). In that regard, Bank Sponsor has made no, and makes no, representation, warranty, or guaranty that the applicable agencies will approve the Mitigation Bank as suitable mitigation for the Project.

1.3. Purpose. The purpose of this Agreement is to grant Project Proponent an exclusive right to purchase 1.33 re-establishment CDFW mitigation Credits and 1.47 rehabilitation CDFW mitigation Credits from the Bank.

1.4. Purchase and Sale Agreements. Bank Sponsor and Project Proponent shall execute a Purchase and Sale Agreement (“Exhibit A”) to provide the Project Proponent with the required Credit amounts indicated in Section 2 below. This form of Purchase and Sale Agreement is as required by the Riverpark Bank Enabling Instrument, and this transaction shall be reported by the Bank Sponsor to the regulatory agencies in accordance with the Riverpark Bank Enabling Instrument.

1.5. Effective Date. The effective date (“Effective Date”) of this Agreement shall be the date that a duly executed copy of this Agreement is entered into by both Parties as indicated by the date entered above and equal to the date of the last signature provided on Page 5 of this Agreement.

2. RESERVATION. Upon execution of this Agreement and delivery of the Reservation Payment (defined below), Bank Sponsor hereby grants Project Proponent an exclusive right (the “Reservation”) to purchase 1.33 re-establishment CDFW mitigation Credits and 1.47 rehabilitation CDFW mitigation Credits from the Bank when they become available as provided for in Section 2.2. Project Proponent must exercise his/her/its right to reserve the Credits and provide the Reservation Payment by June 23, 2023.

2.1. Reservation Term. The term (“Reservation Term”) of the Reservation shall commence on the Effective Date and, unless sooner terminated as provided herein, shall end March 31, 2024.

2.2. Exercise. The Reservation shall be exercised by executing the Agreement for Sale of Credits, which is attached as Exhibit A. Such exercise and payment of the remaining Purchase Price balance must be made within 14 days of Bank Sponsor providing notice to Project Proponent that the IRT has released a sufficient number of Credits to satisfy the Reservation and all Credits reserved for other project proponents as of the Effective Date (“Credit Release Notice”).

3. PURCHASE AND SALE. If Project Proponent exercises the Reservation, Bank Sponsor shall sell, and Project Proponent shall buy, the Credits on the terms and conditions as set forth below and in the Agreement for Sale of Credits (Exhibit A).

3.1. Purchase Price. The purchase price (“Purchase Price”) shall be an amount equal to One Million One Hundred Ninety Thousand dollars ($1,190,000.00), which is based upon Four Hundred Twenty-five Thousand dollars ($425,000.00) per Credit.

3.2. Project Proponent shall provide payment of One Hundred Nineteen Thousand dollars ($119,000.00), which is 10% of the total Purchase Price (“Reservation Payment”), in accordance with Section 2, above. The Reservation Payment is nonrefundable except as described in Section 3.3 below. The remaining Purchase Price balance, $1,071,000.00, must be made within 14 days of Bank Sponsor providing Credit Release Notice to Project Proponent. Upon Credit Release Notice, should Project Proponent fail to exercise his/her right to purchase the total number of Credits reserved (i.e., partial purchase), at the election of the Bank Sponsor this reservation may be declared terminated and the Reservation Payment shall remain nonrefundable.

3.3 Refund and Credit Release Requests. If Bank Sponsor receives the full amount of the Reservation Payment in accordance with the Provisions of Section 3.1 but does not provide Project Proponent the Credit Release Notice by the end of the Reservation Term, then Bank Sponsor would, at the election of the Project Proponent, either: (a) extend the Agreement, or (b) refund to the Project Proponent the Reservation Payment.

3.4. Termination. If Bank Sponsor has not received the Reservation Payment by June 23, 2023, Bank Sponsor shall automatically be released from its obligation to reserve the Credits for Project Proponent, and Project Proponent shall have no further right to any of the Credits from Bank Sponsor.

In the event of a termination under this Section 3.4, the Parties shall have no further rights or obligations with respect to each other.

4. LIMITATION OF OBLIGATIONS, RIGHTS OF PROJECT PROPONENT.

4.1. Limitation of Obligations. Project Proponent shall have no obligation whatsoever by reason of the use of the Mitigation Bank, to support, pay for, monitor, report on, sustain, continue in perpetuity, or otherwise be obligated or liable for the success or continued expense or maintenance in perpetuity of that site.

4.2. Limitation of Rights. Nothing in this Agreement shall result in Project Proponent having any right, title, or interest in the Mitigation Bank greater than that specifically granted by this Agreement. Project Proponent’s sole right shall be to purchase Credits from the Bank Sponsor that serve as the required mitigation for the Project.

4.3. Joint Use. Bank Sponsor shall reserve the Credits for the sole use of the Project Proponent. This reservation shall in no way restrain Bank Sponsor from selling mitigation values or credits at the Mitigation Bank to others, so long as the aggregate number of mitigation values or credits sold to all parties, including Project Proponent, does not exceed the aggregate number of mitigation values or credits that are either anticipated in future credit releases or authorized for sale.

4.4. Project Approvals. Project Proponent alone shall be responsible for obtaining the approval of the applicable agencies to mitigate the impacts of the Project with the Mitigation Bank. In that regard, neither Bank Sponsor nor the Bank make any representation, warranty, or guaranty that the applicable agencies will approve the Mitigation Bank as suitable mitigation for the Project. Notwithstanding the foregoing, Bank Sponsor shall reasonably cooperate with Project Proponent's efforts to obtain applicable agencies’ approval for use of the Credits by providing information required by applicable agencies and executing documents required by the applicable agencies. Bank Sponsor shall not be obligated to bear any cost greater than a nominal expense or incur any additional liability in connection with such cooperation.

4.5. Limitations on Assignment; Transfer. Project Proponent acknowledges that Bank Sponsor is not willing to sell mitigation values or the Credits which could be resold in competition with the remaining mitigation values or Credits available for sale within the Mitigation Bank. This Reservation Agreement applies solely to the Project and cannot be transferred to another entity or another project.

5. MISCELLANEOUS PROVISIONS

5.1. Notices. Any notices, requests, demands, or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally (FedEx and similar services shall be

considered to be personal service) or by telephone facsimile or other electronic transmission (provided that the sender of a telephone facsimile or other electronic transmission has received a return receipt signed by the Party so notified, or has other written evidence of receipt), and upon the second business day after mailing, if mailed to the Party to whom notice is to be given, by firstclass mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows:

Bank Sponsor:

Joseph Williams
EIP III Credit Co., LLC
5550 Newbury Street, Suite B
Baltimore, MD 21209
Telephone: (410) 982-0240
Email: [email protected]
Project Proponent:

Yu Tagai, PE
Senior Civil Engineer
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Telephone 951-674-3124
Email [email protected]
Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

5.2. Modification. No waiver, alteration, modification, or termination of this Agreement shall be valid unless made in writing.

5.3. Payments. Any and all obligations of the Project Proponent under this Agreement, whether financial or otherwise, shall be payable solely from the revenues, income, rents, and receipts earned by the Project Proponent. Nothing herein shall be deemed to prevent the Project Proponent from making any payments from any other legally available source. The financial obligations of the Project Proponent payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

5.4. Jurisdiction. The Parties hereby consent to the exclusive jurisdiction of Riverside County, California in any action on a claim arising out of, under or in connection with this Agreement or the transactions contemplated by this Agreement. Each Party further agrees that personal jurisdiction over him or her may be effected by service of process by registered or certified mail addressed as provided in Section 5.1 of this Agreement, and that when so made shall be as if served upon him or her personally within the State of California.

5.5. Non-Binding Mediation. In the event that the Parties are unable to resolve any differences concerning the terms of this Agreement, the Parties agree to participate in nonbinding mediation concerning such differences prior to the commencement of litigation.

5.6. Governmental Immunity and Limitations. No term or condition of this Agreement shall be construed or interpreted as a waiver, expressed or implied, of any of the immunities, rights, benefits, protections, or other provisions of the California Constitution or the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., as applicable now and hereafter amended.

5.7. Interpretation; Entire Agreement. The headings or captions to the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction or interpretation of any part thereof. This Agreement sets forth the entire understanding between the Parties as to the subject matter of the Agreement and merges all prior discussions, negotiations, letters of understanding, or other promises, whether oral or in writing.

5.8. Attorneys' Fees. In the event any of the Parties shall commence legal proceedings for the purpose of enforcing any provision or condition hereof, or by reason of any breach arising under the provisions hereof, then the prevailing Party in such proceeding shall be entitled to court costs and reasonable attorneys' fees. Without limiting the generality of the foregoing, the prevailing Party shall be entitled to recover its attorneys' fees and other legal expenses incurred in connection with a bankruptcy or other insolvency-related proceeding of the other Party (and including such fees and expenses incurred in efforts, whether successful or not, to obtain adequate protection, annulment, modification, or termination of the automatic stay).

IN WITNESS WHEREOF, the Parties have executed this Credit Reservation Agreement as of the Effective Date.

BANK SPONSOR
EIP III CREDIT CO., LLC, a Delaware
limited liability company
By: ________________________________
Name: Aidan Riordan
Its: COO
Date: _______________________

PROJECT PROPONENT

CITY OF LAKE ELSINORE
By: ________________________________
Name: Jason Simpson
Its: City Manager

Date: _________________________

EXHIBIT A

DRAFT CREDIT PURCHASE AND SALE AGREEMENT TEMPLATE
Riverpark
Mitigation
Bank

AGREEMENT FOR SALE OF CREDITS
This Agreement is entered into this ____ day of _________, 2023, by and between EIP III CREDIT CO., LLC, a Delaware limited liability company (Bank Sponsor) and CITY OF LAKE ELSINORE (Project Proponent), jointly referred to as the “Parties,” as follows:

RECITALS
A. The Bank Sponsor has developed the Riverpark Mitigation Bank (Bank) located in Riverside County, California; and
B. The Bank has been developed pursuant to a Bank Enabling Instrument (BEI) entered into by and between Bank Sponsor, the Los Angeles District of the U.S.

Army Corps of Engineers (USACE) (File No. SPL-2015-00318), United States Fish and Wildlife Service (USFWS), the California Regional Water Quality Control Board, Region 8 (Regional Water Boards), and the California Department of Fish and Wildlife (CDFW) (Tracking No. 1798-2015-01-R6), on December 17, 2019, and

C. Project Proponent is seeking to implement the project described on Exhibit “A” attached hereto (Project), which would unavoidably and adversely impact Riverine Wetland, and seeks to compensate for the loss of Riverine Wetland by purchasing Credits from Bank Sponsor; and

D. Project Proponent has been authorized by CDFW: _________ and RWQCB: ___________________ to purchase from the Bank 1.33 re-establishment CDFW mitigation Credits and 1.47 rehabilitation CDFW mitigation Credits; and USACE: _______________ to purchase from the Bank ____ re-establishment USACE mitigation Credits and ____ rehabilitation USACE mitigation Credits (which is a subset of the 1.33 re-establishment CDFW mitigation Credits and 1.47 rehabilitation CDFW mitigation Credits and not in addition to the 1.33 re-establishment CDFW mitigation Credits and 1.47 rehabilitation CDFW mitigation Credits), upon confirmation by the Bank Sponsor of Credit availability/adequate balance of Credits remaining for Transfer; and

E. Project Proponent desires to purchase from Bank Sponsor and Bank Sponsor desires to sell to Project Proponent 1.33 re-establishment CDFW mitigation Credits and 1.47 rehabilitation CDFW mitigation Credits; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Bank Sponsor hereby sells to Project Proponent and Project Proponent hereby purchases from Bank Sponsor 1.33 re-establishment CDFW mitigation Credits and 1.47 rehabilitation CDFW mitigation Credits. The Bank Sponsor will upon receipt of the Purchase Price deliver to Project Proponent an executed Bill of Sale in the manner and form as attached hereto and marked Exhibit “B”. The Purchase Price for said Credits shall be paid by ACH payment or wire transfer of funds according to written instructions provided by Bank Sponsor to Project Proponent.

2. The sale and transfer herein are not intended as a sale or transfer to Project Proponent of a security, license, lease, easement, or possessory or non-possessory interest in real property, nor the granting of any interest of the foregoing.

3. Project Proponent shall have no obligation whatsoever by reason of the purchase of the Credits, to support, pay for, monitor, report on, sustain, continue in perpetuity, or otherwise be obligated or liable for the success or continued expense or maintenance in perpetuity of the Credits sold, or the Bank. Pursuant to the BEI and any amendments thereto, Bank Sponsor shall monitor and make reports to the appropriate agency or agencies on the status of any Credits sold to Project Proponent. Bank Sponsor shall be fully and completely responsible for satisfying any and all conditions placed on the Bank or the Credits by all state or federal jurisdictional agencies.

4. The Credits sold and transferred to Project Proponent shall be nonrefundable, non-transferable and non-assignable to any project other than the one listed herein and shall not be used as compensatory mitigation for any other project or purpose, except as set forth herein.

5. Project Proponent must exercise his/her/its right to purchase the Credits within 14 days of the date this Agreement is provided to the Project Proponent. Without Bank Sponsor approval, after the 14-day period this Agreement will be considered null and void.

6. Upon purchase of the Credits specified in Recital D above, the Bank Sponsor shall submit to the parties listed in the Notices section of the BEI, copies of the:
a) Agreement for Sale of Credits; b) Bill of Sale; c) Payment Receipt; and d) an updated ledger. The updated ledger must detail: i) Project Proponent; ii) Project Name; iii) Status (sale complete/sale not complete); iv) Credit Sale Date; v) Permitting Agency File/Tracking Number; vi); vii) Total Number of Credits Authorized to Sell; viii) Total Number of Credits Sold to Date (inclusive); and ix) Balance of all Credits Available. The ledger should include all sales data from bank establishment to the present.

IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.

BANK SPONSOR
EIP III CREDIT CO., LLC, a Delaware limited liability company By: ___________________________________
Name: Aidan Riordan
Its: COO

PROJECT PROPONENT

CITY OF LAKE ELSINORE
By: ____________________________________
Name: Jason Simpson
Its: City Manager

Exhibit “A”

DESCRIPTION OF PROJECT TO BE MITIGATED
Name of Project:

Murrieta Creek Trail Multi-Use Project
Project Location:

City of Lake Elsinore (vicinity of 32427 Stoneman Street) Permitting Agencies File/Tracking Number:

CDFW: ______________________
RWQCB: _____________________
USACE: ______________________
Project Description:

The proposed Murrieta Creek Multi-Use Trail Project is envisioned as a non-motorized, regional multi-use trail within the Lake Elsinore Back Basin. The proposed multi-use trail would be a 10-foot-wide paved trail and would include safety improvements for non-motorists, safety fences, pedestrian lights, and lake and mountain viewpoints along the trail.

Species/Habitat Affected:

Habitat
Permanent
Impacts
(Acres)
Mitigation
Ratio
Total
Mitigation
Required
Riparian¹
Riparian Woodland  0.08  3:1  0.24
Riverine¹
Streambed  0.04  2:1  0.08
Other Below 1,265 ft²
Tamarisk Scrub  0.54  2:1  1.08
Non‐native Woodland  0.15  2:1  0.30
Disturbed/Ruderal  0.55  2:1  1.10
Total  1.33    2.8
¹ Inclusive of Waters of the US, Waters of the State, and CDFW jurisdiction ² Inclusive of CDFW jurisdiction only
Credits to be Purchased:

1.33 re-establishment

1.47 rehabilitation
Method of payment:

Wire Transmittal X ACH Payment ___

“Exhibit B”

BILL OF SALE
Riverpark Mitigation Bank
Contract # 23__-RP
Permitting Agency File/Tracking No(s). CDFW: ___________, RWQCB: ___________, and USACE: ________________
In consideration of $1,190,000.00, receipt of which is hereby acknowledged, EIP III Credit Co., LLC (Bank Sponsor), does hereby bargain, sell and transfer to CITY OF LAKE ELSINORE (Project Proponent), for the Murrieta Creek Trail Multi-Use project, 1.33 re-establishment CDFW mitigation Credits and 1.47 rehabilitation CDFW mitigation Credits, and ____ re-establishment USACE mitigation Credit (which is a subset of the ____ re-establishment CDFW mitigation Credit and ____ rehabilitation CDFW mitigation Credit and not in addition to the ____ re-establishment CDFW mitigation Credit and ____ rehabilitation CDFW mitigation Credit) in the Riverpark Mitigation Bank in Riverside County, California, developed, and approved under the authority of the Los Angeles District of the U.S. Army Corps of Engineers (USACE), United States Fish and Wildlife Service (USFWS), the California Regional Water Quality Control Board, Region 8 (Regional Water Boards), and the California Department of Fish and Wildlife (CDFW), as mitigation for the Project described in Attachment 1.

Bank Sponsor represents and warrants that it has good title to the Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances.

Bank Sponsor covenants and agrees with the Project Proponent to warrant and defend the sale of the Credits hereinbefore described against all and every person and persons whomsoever lawfully claiming or to claim the same.

DATED: ______________________________________
EIP III CREDIT CO., LLC, a Delaware limited liability company By: ___________________________________
Name: Aidan Riordan
Its: COO
Attachment 1
Riverpark Mitigation Bank
WETLAND CREDITS: PAYMENT RECEIPT

PROJECT PROPONENT INFORMATION
Name:

City of Lake Elsinore
Address:
130 South Main Street
Lake Elsinore, CA 92530
Telephone 951-674-3124
Contact:

Yu Tagai, PE
Senior Civil Engineer
Email [email protected]

PROJECT INFORMATION
Project Description:

The proposed Murrieta Creek Multi-Use Trail Project is envisioned as a non-motorized, regional multi-use trail within the Lake Elsinore Back Basin. The proposed multi-use trail would be a 10-foot-wide paved trail and would include safety improvements for non-motorists, safety fences, pedestrian lights, and lake and mountain viewpoints along the trail.

Project Location:

City of Lake Elsinore (vicinity of 32427 Stoneman Street) Agency File/Tracking Number(s):

CDFW: ______________________
RWQCB: _____________________
USACE: ______________________
Species/Habitat Affected:

Habitat
Permanent
Impacts
(Acres)
Mitigation
Ratio
Total
Mitigation
Required
Riparian¹
Riparian Woodland  0.08  3:1  0.24
Riverine¹
Streambed  0.04  2:1  0.08
Other Below 1,265 ft²
Tamarisk Scrub  0.54  2:1  1.08
Non‐native Woodland  0.15  2:1  0.30
Disturbed/Ruderal  0.55  2:1  1.10
Total  1.33    2.8
¹ Inclusive of Waters of the US, Waters of the State, and CDFW jurisdiction ² Inclusive of CDFW jurisdiction only
Credits to be Purchased:

1.33 re-establishment

1.47 rehabilitation

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: June 27, 2023
Subject: Amendment No. 1 to Annual On-call Services Agreement with Tri-star Electric in Support of City of Lake Elsinore Public Works Operations Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 with Tri-Star Electric to extend the agreement for one year through June 30, 2024 and increase compensation by an additional $5,000.00 annually in such final form as approved by the City Attorney.

Background
On April 12, 2022, the City Council approved the Annual On-Call Services Agreement for $50,000, with Tri-Star Electric to maintain City amenities and efficiently construct low-cost minor projects.

Tri-Star Electric provides essential contractor services, including electrical maintenance/minor electrical installation and repairs commonly utilized by the City. The Agreement provides for an original term through June 30, 2023 with up to two twelve-month extensions.

Discussion
Staff would like to continue with the much-needed electrical maintenance/minor electrical repairs through Fiscal Year 2023-2024. Staff is requesting additional funds to cover the additional services; replacement and installation of 100-amp commercial grade electrical pedestal, with extensive distribution including main circuit breaker, and repair of damaged electrical conduit and pull in new wiring to irrigation time/controller box on Railroad Canyon Road which was damaged by a car accident.

Amendment No. 1 with Tri-Star Electric

Fiscal Impact
Funds are available in the City’s Annual Operating and Capital Improvement Program Budgets for Fiscal Year 23/24 budget.

Attachments
Attachment 1 - Amendment No. 1
Attachment 2 - Original Agreement
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Tri-Star Electric
On-Call Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 6/27/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and TriStar Electric, a Licensed General Contractor (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 4/12/2022, (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 Contractor in an amount of Fifty Thousand dollars ($50,000.00).

C. The parties now desire to amend the term 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 Contractor agree as follows:

1. Section 2.C, Term and Compliance with Task/Work Order System, of the original Agreement is hereby amended to read in its entirety as follows:

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 April 12, 2022 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement not to exceed 1 additional twelve (12) month renewal term by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor 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. Contractor 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.

2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Fifty-five Thousand Dollars and no Cents ($55,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor'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.

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
“CONTRACTOR”
Tri-Star Electric, a Licensed General Contractor
City Manager
Date:

John Sclifo, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager

AGREEMENT FOR CONTRACTOR SERVICES
Tri-Star Electric

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of April 12, 2022 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and TriStar Electric, a Licensed General Contractor (the “Contractor”).

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

On-Call Electrical Repairs
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated March 18, 2022, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

C. Contractor 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. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor'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. Contractor 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 Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.

DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

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 April 12, 2022 and ending June 30, 2023. 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 Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor 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. Contractor 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 Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Fifty Thousand ($50,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor'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. Contractor 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. Contractor'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 Contractor provides services. Contractor'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 Contractor 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 Contractor’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 Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.

Contractor 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 Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor 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 Contractor 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 DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

Section, the Contractor 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 Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor'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 Contractor shall be immediately referred to City, without any other actions by Contractor. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor 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 Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor'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. Contractor's Books and Records.
a. Contractor 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 Contractor to this Agreement.
b. Contractor 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 DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

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 Contractor'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 Contractor'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 Contractor, Contractor's representatives, or Contractor's successor-in-interest.

9. Independent Contractor.
a. Contractor 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 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor 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.

Contractor 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, Contractor 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 Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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 Contractor. Contractor (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 Contractor's services hereunder. Contractor 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.

DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
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. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise.

13. Compliance with Laws.
a. Contractor 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 Contractor and/or its employees, officers, or board members. b. Contractor 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. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor 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 Contractor to practice its profession.

Contractor shall maintain a City of Lake Elsinore business license.

15. Indemnity. Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

16. Insurance Requirements .
a. Insurance. Contractor, at Contractor'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. Contractor shall maintain Workers' Compensation Insurance andEmployer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor 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 Contractor for City. In the event that Contractor 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, Contractor 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. Contractor 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. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor 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 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.
ii. This policy shall be considered primary insurance as respects the City, DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

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, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor 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 Contractor: Tri-Star Electric
Attn: John Sclifo
30805 Calvado Court
Temecula, CA 92592
DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

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 Contractor.

Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City. Contractor 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, Contractor 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. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. Contractor 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.

24. Prevailing Wages. Contractor 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. Contractor 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, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend, DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

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

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

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’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 Contractor’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor 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
“CONTRACTOR”
Tri-Star Electric, a Licensed General Contractor
DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Director of Administrative Services
By:

Its:

Attachments: Exhibit A – Contractor’s Proposal
DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812 Owner

JOHN SCLIFO

EXHIBIT A

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812 Tri-Star Electric
30805 Calvado Court
Temecula, CA 92592
95t-699-9641
Estimate
DATE ESTIMATE NO.
3nEt2022 1407

NAME / ADDRESS
City of Lake Elsinore
130 South Main Street
Lake Elsinore, Ca. 92530
C/O DanieUChris
951453-9463

PROJECT
Pricing
ITEM DESCRIPTION Total
DIR# LR-1000725042
Standard Service Call:

Emergenry Service Call:

Boom Truck Standard Service Call: 2 hour minimum:

Boom Truck Emergenry Service Call: 2 hour minimum:

Parts & Equipment mark up: 207o
Fuel Charge:
195.00
275.00
490.00
600.00

0.00 50.00
We appreciate your business.Fax 951-699-0641

SIGNATURE
DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812 .aconi:" CERTIFICATE OF LIABILITY INSURANCE DATE (MM'DTYYYYY) oat26t2fJ21
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 CONTMCT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorced. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endosement. A statement on this certificate does not confer riqhts to the certificate holder in lieu of such endorsement(s). t*oo'"t* strorsoe lnsurance Agency
24910 Las Brisas Road, Ste 117
Murrieta, CA 92562
License #: 0D06577

UUN IAL I
NAME: Ellca (,ales
l|3.'ni. .o,, (s51)600-s7sl lj[ *., lssr;ezz-ezes
iiffiLE"", [email protected]
AFFOROING COVERAGE NAIC *
TNSURERA: Ohio SeCuritV lnsurance CO 24082

INSURED
John Sclifo
DBA: Tri Star Electric
30805 Calvado Ct
Temecula, CA 92592
rNsuRER B : Caliiqfnia Autqmobile lnsUrance Qompany 38342 INSURER C:

INSURERD:
_
INSURER E :

COVERAGES CERTIFICA
@ 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Printed by EMG on August 26,2021 at 10:55AM
,TE NUMBER: REVISION NUMBER: 120

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTMCT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUMNCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOV\A MAY HAVE BEEN REDUCED BY PAID CLAIMS, 'frs# wpe or,*sr*r". ADOL SUBR
lNso wvD POLICY NUMBER

POLICY EFF POLICY EXP
(MM/DTYYYYY) IUM'DD/YYYN LIMITS
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OESCRIPTION OF OPERATIONS / LOCAnONS / VEHICLES (ACORD 101, Addition.l Remrks Schedule, may be attached if moE space is eguiEd) Certificate holder is hereby named as additional insured as covered by the general liability policy when required by wriften contract.

City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530

SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN ACCOROANCE WITH THE POLICY PROVISIONS.

ACORD 25 (2016/03)
DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

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

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
04/14/2022
Automatic Data Processing Insurance Agency, Inc.
1 Adp Boulevard
Roseland NJ 07068
Automatic Data Processing Insurance Agency, Inc.
1-800-524-7024
John A Sclifo
DBA: Tristar Electric
30805 Calvado Ct
Temecula CA 92592
Hartford Fire Insurance Company 19682
2411075
A Y N 76WECAE8WDU 12/20/2021 12/20/2022
1,000,000
1,000,000
1,000,000
City Of Lake Elsinore
130 South Main Street
Lake Elsinore CA 92530
DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

BUSINESS LICENSE
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.

Business Name: TRI-STAR INTERIORS
Business Location: 19555 PRAIRIE ST
NORTHRIDGE, CA 91324-2424
Owner Name(s): TRI-STAR FLOOR AND WINDOW COVERINGS

TRI-STAR INTERIORS

TRI-STAR FLOOR AND WINDOW COVERINGS
19555 PRAIRIE ST
NORTHRIDGE, CA 91324-2424

CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
BUSINESS LICENSE NO. 024965
Business Type: FLOORING CONTRACTOR
Description: SUPPLY AND INSTALL WINDOW

COVERINGS
Issue Date: 6/1/2021 Expiration Date: 5/31/2022
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/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: E6E7D622-858A-4818-A660-48A1C9CDF812

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick DeSantiago, Public Works Manager
Date: June 27, 2023
Subject: Agreement With Service First Commercial Pools for Monthly Splash Pad and Pool Maintenance Services
Recommendation
Approve and authorize the City Manager to execute an Agreement for Contractor Services with Service First Commercial Pools in an amount not to exceed $133,896.00 for Monthly Splash Pad and Pool Maintenance Services in such final form as approved by the City Attorney: and authorize the City Manager to execute change orders not exceeding a 10% contingency of $13,389.00 for uncertainties and adjustments.

Background
The On-Call services in the City of Lake Elsinore are essential to efficiently maintaining City amenities. The City of Lake Elsinore has contracted with Service First Commercial Pool Systems for monthly splash pad and pool maintenance for the past four years. Service First Commercial Pool Systems has provided services at the following locations:
• Canyon Hills Park Splash Pad $4,375.80/mo.
• Yarborough Park Splash Pad $3,880.25/mo.
• Launch Pointe Splash Pad $4,375.80/mo.
• Launch Pointe Pool & Spa $981.75/mo.
• The Anchor Pool $984.50/mo.

Agreement with Service First Commercial Pool Systems

Discussion
Staff is satisfied with the services provided by Service First, which offers expert knowledge of pool and splash pad maintenance. Tasks performed at each scheduled visit include:
• Check and adjust all automatic and manual water chemistry control systems. • Maintain and adjust all company-owned equipment.
• Maintain a proper residual of chemical stock on hand for all automatic and manual water chemistry control systems.
• Place chlorine and pH neutralizers necessary to maintain the water balance per local and state health department codes and regulations regarding commercial pools and spas sanitation.
• Maintain water levels in all bodies of water and adjust all automatic water level equipment. • Provide secondary containment for all chemical stocks per all local fire and safety codes. • Maintain pool records charts per local health authority guidelines. • Drain all pools and spas as necessary.
• Check all pool equipment for proper operation.
• Check the pool area for apparent hazards.
• Check pool and spa lighting for proper operation.

Wavier of Competitive Bidding Procedures
Under Section 3.08.070(G) of the Municipal Code, the City Council can waive the competitive bidding requirement that would otherwise be utilized for these services. The benefits outlined above and the fact that Service First Commercial Pool Systems satisfies all of the City’s requirements were as competitors have significant shortfalls in specifications and operating levels that are essential to the needs of the City. Therefore, staff recommends that the City Council waive the competitive bidding according to Municipal Code Section 3.08.070(G) and allow the City Manager to approve the Monthly Splash Pad and Pool Maintenance Services as outlined in this agenda report.

Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Operating Budget.

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal

AGREEMENT FOR CONTRACTOR SERVICES
Service First Commercial Pool Systems

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of June 27, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and Service First Commercial Pool Systems, a General Building Contractor (the “Contractor”).

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

Monthly Splash Pad and Pool Maintenance Services: Canyon Hills Park, Yarborough Park, Launch Pointe and The Anchor.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated June 15, 2023, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

C. Contractor 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. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor'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. Contractor 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 Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.

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 July 1, 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 Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor 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. Contractor 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 Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed One Hundred Thirty-Three Thousand Eight Hundred Ninety-Six Dollars and Zero Cents. ($133,896.00) without additional written authorization from the City. Notwithstanding any provision of Contractor'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. Contractor 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. Contractor'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 Contractor provides services. Contractor'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 Contractor 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 Contractor’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 Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.

Contractor 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 Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor 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 Contractor 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 Contractor 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 Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor'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 Contractor shall be immediately referred to City, without any other actions by Contractor. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor 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 solerisk. 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor 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 Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor'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. Contractor's Books and Records.
a. Contractor 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 Contractor to this Agreement.
b. Contractor 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 Contractor'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 Contractor'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 Contractor, Contractor's representatives, or Contractor's successor-in-interest.

9. Independent Contractor.
a. Contractor 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 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor 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.

Contractor 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, Contractor 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 Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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 Contractor. Contractor (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 Contractor's services hereunder. Contractor 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.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
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. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise.

13. Compliance with Laws.
a. Contractor 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 Contractor and/or its employees, officers, or board members. b. Contractor 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. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor 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 Contractor to practice its profession.

Contractor shall maintain a City of Lake Elsinore business license.

15. Indemnity. Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements .
a. Insurance. Contractor, at Contractor'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. Contractor shall maintain Workers' Compensation Insurance andEmployer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor 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 Contractor for City. In the event that Contractor 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, Contractor 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. Contractor 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. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor 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 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.
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, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor 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 Contractor: Service First Commercial Pool Systems Attn: Frank Vandenberg
2510 North Grand Ave.

Santa Ana, CA 92705

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 Contractor.

Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City. Contractor 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, Contractor 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. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. Contractor 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.

24. Prevailing Wages. Contractor 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. Contractor 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, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor 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 andeffect.

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

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

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’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 Contractor’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor 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
“CONTRACTOR”
Service First Commercial Pool Systems, a
General Buildng Contractor

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Frank Vandenberg
Its: President
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
Service First
Quotation Only
2510 N Grand Ave st 1 10
Santa Ana Ca92705
Contractors Lic. #55681 2
Office: ( 714) 573- 2253
Fax: ( 714) 573-2261
c-53 C-61/D-35
TO: The Anchor CUSTOMER ORDER NO STARTED FINISHED
ADDRESS: 215 W Graham
Lake Elsinore Ca
I] OPEN IU WARRANTY Cost code Depa( ment
CoNTACT: Gr.rs Papagolos
Email: ' t ; t:(:))
JOB NA[/ E / LOCATION The Anchor PHONE: 951-764-2417
DArE 611.512023
Commercial Pool Service
Commercial Pool <30K Gallons
2) Commercial Spas
Service to be performed Two (2) times per week in accordance with exhibit A and B also attached. All Chemicals included Approval to ffirt wrtork:

Name/ Signature
Service First
Quotation Only
2510 N Grand Ave st 110
Santa Ana Ca92705
Contractors Lic. #55681 2
Office: ( 714) 573- 2253
Fax: ( 714) 573-2261
c-53 C-61/D-35
TO: City of Lake Elsinore-Public Works CUSTOIVER ORDER NO STARTED : INISHED ADDRESS: 130 S Main St
Lake Elsinore CA 92530
i i OPEN lL r WnRRRNty Cost code Department
CONTACT: Chris Erickson
Email:

JOB NAME / LOCATION 419 Poe st - 34360 Canyon Hills32040 Riverside Dr PHONE: 951- 674- 3124
DArE 611.s12O23
981. 75lmo
4375. 80/mo
3880. 2Slmo
Commercial Pool Service Launch Pointe Pool and Spa
Commercial Splash Pad Service Launch Pointe
Commecial Splash Pad Service 419 Poe St
Commercial Splash Pad Service 34360 Canyon Hills Rd
4375. 80/mo
Service to be performed seven (7) days per week for Splash Pads and Three ( 3) times per week Launch Pointe Pool and Spa in accordance with Exhibit A and B and Splash Pad Scope of work attached.

Approval to start work:

Name/ Signature

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: June 27, 2023
Subject: Amendment No. 4 to the NPG, Inc. for the Annual Asphalt Maintenance Program (CIP Project #Z10002) for Emergency Asphalt Repair.

Recommendation
Approve and authorize the City Manager to execute Amendment No. 4 to the agreement with NPG, Inc. in an amount not to exceed $151,839.85 for emergency asphalt repair in such final form as approved by the City Attorney.

Background
On September 8, 2020, the City awarded the Annual Asphalt Maintenance Program Contract to NPG, Inc. for $220,000 per Fiscal Year. On April 27, 2021, Amendment No. 1 was approved and increased the contract's compensation by an additional $379,960 for projects scheduled to be completed in FY20/21. By letter dated July 1, 2021, the City extended the contract in accordance with its terms. This extension was effectively Amendment No. 2. On January 25, 2022, the City Council approved a third amendment (mislabeled “Amendment No. 2”), and the contract's compensation was increased to $1,500,000.00.

Discussion
Staff is requesting an increased amount to the NPG, Inc. Contract. NPG has completed numerous projects during the last fiscal year on behalf of the City. A sinkhole was identified by staff on Sandpiper Dr. and Central Ave. & Cambern Ave. Staff contacted NPG, Inc., to start work due to the urgency of the sinkhole. Staff recommends that City Council approve the emergency sinkhole repairs and authorize the expenditure of $151,839.85 in this agenda action item.

Amendment No. 4 with NPG, Inc.

Fiscal Impact
Funds are available in the CIP Citywide Crack & Seal & Pothole Improvements Program and the Citywide Dirt Road Paving Program Z10002.

Attachments
Attachment 1- Amendment No. 4
Exhibit A - Invoices
Attachment 2 – Third Amendment (Labeled Amendment No. 2) Attachment 3 – Extension Letter (Second Amendment)
Attachment 4 - Amendment No. 1
Attachment 5 - Original Agreement
AMENDMENT NO. 4

TO AGREEMENT FOR CONTRACTOR SERVICES
NPG, Inc.

Asphalt Maintenance Program Services
This Amendment No. 4 to Agreement for Contractor Services is made and entered into as of 6/27/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and NPG, Inc., a California Corporation (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 9/8/2020, (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 Contractor in an amount of Two Hundred Twenty Thousand dollars ($220,000.00).

C. The Original Agreement had a term commencing on 9/8/2020 and ending on 6/30/2021.

D. Amendment No. 1 to the Original Agreement was executed on 4/27/2021 to increase the amount of compensation by Five Hundred Ninety-Nine Thousand Nine Hundred Sixty Dollars ($599,960.00).

E. By letter dated July 1, 2021, the City extended the Term of the Agreement in accordance with its terms. This extension was effectively Amendment No. 2.

F. A third Amendment, mis-labelled “Amendment No. 2” to the Original Agreement was executed on 1/25/2022 to increase the amount of compensation not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). Amendment No. 2 had a term commencing on September 8, 2020, and ending June 30, 2023.

G. The parties now desire to increase the payment for such services as set forth in this Amendment No 4.

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

1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s annual compensation exceed one million six hundred fifty-one thousand eight hundred thirty-nine dollars and eighty-five cents ($1,651,839.85) without additional written authorization from the City.

Notwithstanding any provision of Contractor’s Proposal to the contrary, out of pocket expenses set for 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.

2. 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. 4 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
NPG, Inc., a California Corporation
City Manager
Date:

Jeff Nelson, President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]

AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES ( ON-CALL)
NPG, Inc.

Citywide Dirt Road Paving Program – Z10047
Annual Citywide Slurry Seal Program – Z10014
Annual Curb Gutter and Sidewalk – Z10001
This Amendment No. 1 to Agreement for Contractor Services (“ Amendment No. 1”) is made and entered into as of April 27, 2021, by and between the City of Lake Elsinore, a municipal corporation (“ City), and NPG, Inc., a California Corporation (“ Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of September 8, 2020 (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 Contractor in an amount of Two Hundred Twenty Thousand dollars ($ 220,000) for Fiscal Year 2020/ 2021.

C. The parties now desire to increase 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 Contractor agree as follows:

1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’ s Proposals ( Exhibit A to the Original Agreement and Exhibit A-1 to this Amendment No. 1). In no event shall Contractor’ s compensation for Fiscal Year 2020/2021 exceed Five Hundred NinetyNine Thousand Nine Hundred and Sixty Dollars ($ 599,960) without additional written authorization from the City.

Notwithstanding any provision of Contractor’ s Proposals to the contrary, out of pocket expenses set forth in Exhibit A to the Original Contract and Exhibit A-1 to this Amendment No. 1 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. 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.

DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Jason Simpson, City Manager
Date:

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Risk Manager
CONTRACTOR”
NPG, Inc., a California corporation
By: Jeff Nelson
Its: President
Attachments: Exhibit A-1 – Proposals
DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 5/ 27/ 2021 | 10: 57 AM PDT
EXHIBIT A-1
EXHIBIT A-1

PROPOSALS
ATTACHED]
DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65

DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 DocuSign Envelope ID: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name( s):

BUSINESS LICENSE NO.

Issue Date:

Description:

Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
P O BOX 1515 Business Type:

PERRIS, CA 92572

NPG INC
PO BOX 1515
PERRIS, CA 92572- 1560
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
NPG Inc

JEFF NELSON

EARTHWORK CONTRACTOR

GENERAL CONTRACTOR
006913
2/1/2021 1/31/2022
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: 2A5EEEB0- 6187-4162-A2AB-CF493A59CF65 NPG, Inc. – Annual Asphalt Maintenance Program Page 1

AGREEMENT FOR CONTRACTOR SERVICES
NPG, Inc.

Asphalt Maintenance Program Services
This Agreement for Professional Services ( the “Agreement”) is made and entered into as of September 8, 2020, by and between the City of Lake Elsinore, a municipal corporation (‘‘ City") and NGP, Inc., a Corporation (" Contractor").

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

Asphalt Maintenance Services
B. Contractor has submitted to City a proposal, dated August 21, 2020, attached hereto as Exhibit A (“ Contractor’ s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Contractor 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 Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Contractor shall perform the services described in Contractor’ s Proposal ( Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’ 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’ s Proposal (Exhibit A). b. Performance Schedule. Contractor 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 Contractor’ s Proposal ( Exhibit A). When requested by Contractor, extensions to the time period( s) specified may be approved in writing by the City Manager.
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 DocuSign Envelope ID: 47E924A7- D034-4626-B700- 582D49298A35

and effect for a period commencing on September 8, 2020 and ending June 30, 2021. 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 Contractor not less than thirty ( 30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor 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. Contractor 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 Contractor shall be in accordance with the fees set forth in Contractor' s Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor' s annual compensation exceed Two Hundred Twenty Thousand Dollars ($ 220,00.00) without additional written authorization from the City. Notwithstanding any provision of Contractor' 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. Contractor 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. Contractor’ 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 Contractor provides services. Contractor’ 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 Contractor 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 Contractor’ 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 Contractor’ s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor 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 Contractor at least ten 10) days prior written notice. Upon receipt of such notice, the Contractor 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.

DocuSign Envelope ID: 47E924A7- D034-4626-B700- 582D49298A35

b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor 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 Contractor will submit an invoice to the City, pursuant to Section entitled “ Method of Payment” herein.

7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’ 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 Contractor shall be immediately referred to City, without any other actions by Contractor.
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 Contractor under this Agreement (" Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’ s services are rendered, or any publicity pertaining to the Contractor’ 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.

DocuSign Envelope ID: 47E924A7- D034-4626-B700- 582D49298A35