Lake Elsinore City Council
January 9, 2024

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: William Hoose
Its: Office Executive/Vice President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
Michael Baker International
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • Phone: (562) 200-7165 • Fax: (562) 200-1766 1 | P a g e
Michael Baker International
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • Phone: (562) 200-7165 • Fax: (562) 200-1766 2 | P a g e
November 16, 2023
Damaris Abraham, Assistant Community Development Director

CITY OF LAKE ELSINORE
Community Development Department
130 S. Main Street
Lake Elsinore, California 92530
RE: PROPOSAL FOR CONTRACT PLANNING SERVICES (AGENCY STAFFING) Dear Ms. Abraham:

Michael Baker International (Michael Baker) is pleased to submit this proposal to provide professional on-call contract planning services to the City of Lake Elsinore. Michael Baker is a recognized industry leader in providing Contract Planning Services and other contract support services to California cities and counties and has provided these services to numerous municipalities throughout California on an on-call and as-needed basis.

Through our broad and varied experience providing assistance over multiple jurisdictions, we have developed a unique perspective on how to deliver these services efficiently. We value that perspective and use it to make a difference within the communities we serve; we go where we are needed, helping cities deal with the ebb and flow of ever changing state and federal mandates, and local priorities, all while maintaining our commitment to provide exceptional customer service.

We structure contracts to match an agency’s needs; this can include provision of just one contract staff employee on a part-time and short-term basis or provision of multiple staff to cover an entire department’s needs on a long-term basis. We can provide entry-level staff or experienced managers, and we build flexibility into our contract work programs to better respond to what sometimes can be a fluctuating workload, resulting in cost savings for our clients. All our team members have extensive experience providing short- and long-term staffing services to municipalities, and the expertise necessary to address the needs of any type of application or project. Our Department Manager in charge of Contract Planning Services, Aaron Lobliner, will provide direct oversight of our contract planning staff and the work performed for the City. Our team has access to the technical resources and support of Michael Baker’s 3,500+ person organization, and we will draw on those resources as necessary in our service delivery.

We hope to have the opportunity work in support of the City of Lake Elsinore as you strive to provide the City’s residents and businesses with a high level of professional service.

We believe that our team’s benefits and strengths provide us with the highest level of qualifications to meet your immediate needs.

Michael Baker International
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • Phone: (562) 200-7165 • Fax: (562) 200-1766 3 | P a g e
We appreciate the opportunity to offer our professional planning services to the City of Lake Elsinore and look forward to you assisting with your planning needs. Mr. Aaron Lobliner is the Department Manager for Agency Staffing and will serve as your primary point of contact. Mr. William Hoose is our Long Beach Office Executive and has the authority to bind the firm to proposals and execute agreements. William can be reached at (562) 200-7169 or [email protected].

If you have any questions or need additional information, please contact Aaron Lobliner, Agency Staffing Division Manager at (562) 714-4079 or [email protected].

Sincerely,
William Hoose
Office Executive/Vice President
Aaron Lobliner
Department Manager

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 4 | P a g e Table of Contents

1.0 EXECUTIVE SUMMARY........................................................................................... 5

2.0 CAPABILITIES .......................................................................................................... 6

3.0 REFERENCES AND PROJECT EXPERIENCE........................................................ 7

4.0 SCOPE OF SERVICES............................................................................................. 8

5.0 REPRESENTATIVE AND CONSULTANT TEAM ..................................................... 9

6.0 PRICING ................................................................................................................. 11 ATTACHMENT A: Planning Services Staff Resumes ................................................... 13

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 5 | P a g e

1.0 EXECUTIVE SUMMARY
Michael Baker International (Michael Baker) is a leader in engineering, planning, and professional services consulting with a local focus and global expertise. Michael Baker has 100 offices and over 3,500 employees worldwide and offers innovative solutions, technical expertise, and responsive project management. The company provides comprehensive services in support of federal, state, and municipal governments, utility agencies, and private developers in a host of professional disciplines including but not limited to the following:
▪ Land use planning
▪ Environmental analysis and compliance services
▪ Urban design
▪ Public outreach and engagement
▪ Housing and community development
▪ Landscape architecture and architecture
Our approach to assisting the City of Lake Elsinore is to work in close cooperation with the City as a seamless extension of your own staff. Our planners bring significant experience to their work having provided similar services to various other cities within California. We will work with City staff to fully understand not only the specifics of the projects we are assigned but the history and background that will help us to create an analysis and recommendation that reflects City policies and practices.

The work provided for this on-call contract with the City of Lake Elsinore will be managed from Michael Baker’s Long Beach office with technical support from our other regional and statewide offices, as needed. In addition, we have experts across the U.S. that we can draw upon if requested. The Long Beach office’s current workload is well organized and local staff will make themselves available to devote their time to the City for the duration of this contract. Our adaptability allows us to respond quickly and mobilize for meetings and field work in a short amount of time, when necessary.

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 6 | P a g e

2.0 CAPABILITIES
In California, Michael Baker has more than 600 employees, and nearly 200 of those are in planning and planning support services. This makes us one of the larges planning services firms in the state. Our Long Beach office, which is the office submitting this letter proposal, was established in 2013 and is committed to serving the needs of our local clients across Southern California.

Our staff includes current, advanced, housing, and environmental planners, urban designers, architects, engineers, landscape, and other technical specialists to assist with projects. We have professionals with the experience to ensure a quality and timely response to any issue that might arise during a project.

Public agencies, such as the cities and counties listed below, have found the use of Michael Baker contract staff to be an efficient and effective way to deal with fluctuating workloads, state and federal mandates, and local priorities—all while finding ways to continue to provide effective and reliable customer service.

Agency Staffing Services
Cities Cities Cities Cities Counties
Avalon Grand Terrace Oakland San Mateo Contra Costa
Belvedere Greenfield Orinda Santa Paula Marin
Blythe Half Moon Bay Pacific Grove San Rafael Monterey
Burbank Hawthorne Palmdale San Ramon Riverside
Calimesa Laguna Woods Palos Verdes
Estates Sand City Santa Clara
Capitola Livermore Pasadena Santa Rosa Solano
Chino Hills Long Beach Pinole Sausalito San
Bernardino
Citrus Heights Marina Pittsburg Seaside
Clayton Martinez Rancho Cordova Sierra Madre
Eastvale Monrovia Rancho
Cucamonga Ventura
El Segundo Mountain View Rolling Hills West Hollywood

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 7 | P a g e

3.0 REFERENCES AND PROJECT EXPERIENCE
A limited selection of recent assignments with client references is provided below.

Reference / Contact
Information
Planning Services Scope of Work and
Personnel
City of Long Beach
Alison Spindler-Ruiz, Planning
Bureau Manager
Phone (562) 570-6946
Email alison.spindler[email protected]
Provide assistance with the processing of
discretionary land use entitlements under a multiyear, on-call planning services contract. Michael Baker planners provide coverage for phones and
the public counter and processes ministerial
permits and discretionary entitlements including
CUPs, Variances, Wireless permits, etc.

Dates: 2020-Ongoing
Staff: Aaron Lobliner, Baltazar Barrios
City of Chino Hills
Nicholas Ligouri, Community
Development Director
(909) 364-2740
[email protected]
Process tract design review applications, final
tract maps, grading plans, specific plans,
variances, CUPs, wireless permits, city park plans
and landscape plans and provides on-going
management of post-entitlement compliance with
conditions of approval and mitigation measures
and monitoring requirements.

Dates: January 2014-Ongoing
Staff: Kim Zuppiger
City of Santa Ana
Ali Pezeshkepour,
Principal Planner
(714) 647-5882
APezeshkepour@santaana.org
Provide counter support and process accessory
dwelling unit applications, sign permits, home
occupation permits, minor variances, commercial
facade update permits, new single family home
applications, and special event permits.

Dates: 2020-Ongoing
Staff: Jeffery Graham
City of San Juan Capistrano
Joel Rojas
Community Development
Director
(949) 234-4410
[email protected]
Provide Senior Planner support services for the
City including performing plan checks, writing staff
reports for discretionary applications (Conditional
Use Permits, Architectural Control permits,
Grading Permits, and Zone Variances), and taking
projects to Planning Commission/Zoning
Administrator
Dates: 2021-Ongoing
Staff: Jeffrey Graham

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 8 | P a g e

4.0 SCOPE OF SERVICES
Michael Baker understands that the City of Lake Elsinore has a need for contract planning services at a Senior/Project Manager level. The City needs a planner who can lead and train junior staff, and staff who can work with the City’s consultant on the General Plan Update being undertaken by a separate consultant. Michael Baker would like to propose a team of Gina Gibson Williams, Tamara Harrison, Haide Aguirre, and Jeffrey Graham to fill the requested roles. Gina would fulfill the leadership role, overseeing Lake Elsinore’s junior staff, and delegating tasks to Tamara, Haide, and Jeffrey regarding the General Plan Update as needed. Michael Baker proposes for 16 hour a week in-person services to be provided by Gina, and up to 8 hours a week to be provided by the combination of Tamara, Haide, and Jeffrey remotely, from mid-December to June 30, 2024 and beyond.

Additionally, should the City seek additional support, Michael Baker International is prepared to recruit and place additional staff at the City as the project budget permits. We are committed to working closely with each applicant, and City staff to ensure that each application/project is managed expeditiously and efficiently through to completion.

In summary, the planning functions that will be performed by the contract planner(s) may include the following:
• Review, analyze and process discretionary cases consistent with City codes, policies and standards.
• Provide direction to the City’s consultant regarding the General Plan Update. • Provide direction to junior staff regarding industry best practices. • Prepare environmental analysis, including, but not limited to, Initial Studies and Negative Declarations, as required by the California Environmental Quality Act (CEQA). • Prepare and file Notice of Determination (NOD) Notice of Exemption (NOE). • Process Conditional Use Permits,
• Assist with Capital Improvement Projects.
• Coordinate the preparation and filing of all required notices. • Process development applications that are developer funded. • Provide Plan check services
• Route plans to City departments; consolidate comments; and present recommendations and revisions to the applicant.
• Review proposed development plans for compliance with City's General Plan, Zoning Ordinance, and any applicable design guidelines.
• Conduct project site visits and communicate directly with applicants regarding the specific requirements and/or information necessary to process applications.

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 9 | P a g e • Coordinate the City's interdepartmental review of proposed projects which would include interaction with various homeowner associations and other interest groups. • Meet and/or teleconference with staff and/or the applicant as necessary to identify and discuss critical items and develop workable solutions, as necessary. • Prepare staff reports, for consideration and action by the appropriate decision-making bodies.
• Prepare resolutions and/or ordinances related to proposed development projects. • Prepare and coordinate the posting, publication and mailing of all required public notices.
• Perform other related duties as assigned by the Community Development Director.

5.0 REPRESENTATIVE AND CONSULTANT TEAM
Our Michael Baker team has a wide range of experience covering technical review and evaluation of a wide variety of discretionary land development applications. In Southern California we have been actively engaged with many communities ranging from big to small including ongoing services to the Cities of Long Beach, Pasadena, Hawthorne, Palos Verdes Estates, Rolling Hills, Chino Hills, Santa Paula, Thousand Oaks, etc.

Michael Baker has a full range of planners available to provide the as-needed services being requested by the City, from assistant to principal planners. City staff will have the opportunity to review resumes and interview any staff before they are assigned to begin work on this assignment. Mr. Lobliner will provide oversight for the Michael Baker project team, and ensure the team has what is needed to successfully deliver services to the City of Lake Elsinore. Our key team members are as follows:
• Planning Services Director: Mr. Lobliner will serve as the Planning Services Director for on-call planning services to the City of Lake Elsinore. When the City has a request for service, Mr. Lobliner will assign the appropriate level of planner to serve as the case planner for each project commensurate with the complexity of the development application being processed. Mr. Lobliner will provide oversight for the Michael Baker project team, and ensure the team has what is needed to successfully deliver services to the City.
• Project Managers: Mr. Lobliner will be supported by a dedicated team of Project Managers, including Gina Gibson-Williams, Tamara Harrison, Haide Agguire, and Jeffrey Graham, as well as support from associate and assistant planners to ensure that the City has a deep bench of management staff available to respond

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 10 | P a g e quickly to any request. Resumes for our key staff members are provided in Attachment A.

5.1 Key Staff Members
Name/Role Years of
Experience
Planning/Land Use Experience Office
Location
Aaron Lobliner,
Program Manager
and Primary Point
of Contact
16 years Manages the Long Beach Office
Planning Services Department and
oversees the Agency Staff with
preparation of a wide range of
projects, including land
development/ entitlement projects,
land use plans/program.

Long
Beach, CA
Gina GibsonWilliams,
Principal Planner
30+ years Process tract maps, parcel maps,
residential, commercial, industrial,
and mixed-use entitlements,
Specific Plans, Master Plans, Zone
Change and General Plan
Amendments, skilled in review of
CEQA documentation.

Riverside,
CA
Tamara Harrison,
Principal Planner
18+ years Process tract maps, parcel maps,
residential, commercial, industrial,
and mixed-use entitlements,
Specific Plans, Master Plans, Zone
Change and General Plan
Amendments, skilled in review of
CEQA documentation.

Temecula,
CA
Haide Aguirre,
Senior Planner
8 years Process entitlements for a variety
development projects including
Zone Changes, General Plan
Amendments, Housing element
updates.

Temecula,
CA

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 11 | P a g e Name/Role Years of
Experience
Planning/Land Use Experience Office
Location
Jeffrey Graham,
Senior Planner
6 years Process entitlements for a variety
development projects including
Zone Changes, General Plan
Amendments, Prepared Objective
Design Standards for Specific
Plans, counter management.

Long
Beach, CA

6.0 PRICING
Michael Baker is proposing to provide the requested services on an hourly basis. Our Principal Planners would be billed at a rate of $190 dollars per hour, and our Senior Planner would be billed at a rate of $160 dollars per hour, consistent with our rate sheet below. The hourly rates are fully burdened, and the City will only be billed for hours worked by our staff on-site at Lake Elsinore’s City Hall, or remotely as authorized by the City. The workload would consist of a combination of day-to-day services to fill staff vacancies, developer-funded (i.e., cost-recovery) projects, and long-range planning assistance funded with General Plan maintenance fees. Discrete not-to-exceed budgets would be established in the contract(s) for each of these roles.

The City will be billed monthly for services rendered, with invoices clearly identifying the number of hours worked by project and what was done. Michael Baker’s Oracle Human Capital Management (HCM) financial software will allow project costs to be tracked and billed by designated task, if desired. Our 2023 Fee Schedule is shown below.

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 12 | P a g e Rates are subject to a 3% annual increase.
2023 RATE SHEET
Effective January 2023 through December 2023
Comprehensive Planning Services
Project Director/Advisor $225 - $325
Principal Planner $180 - $225
Senior Planner $130 - $180
Associate Planner $105 - $125
Assistant Planner $95 - $105
Planning Technician $85 - $95

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 13 | P a g e ATTACHMENT A: PLANNING SERVICES

STAFF RESUMES
Michael Baker International
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • Phone: (562) 200-7165 • Fax: (562) 200-1766 14 | P a g e
Team Member since 2016

AARON LOBLINER
Department Manager- Agency Staffing
General Qualifications
Mr. Lobliner has over 16 years of experience in the land use planning and development field, in both the public
and private sector sides of planning. He is skilled in
customer service, technical/staff report writing, plan
review, presentations to public hearing boards, working on large-scale tract developments, contract staffing, entitlements, ordinance writing and permitting.

Relevant Experience
Michael Baker International, Planning Associate(2016-2018), Senior Planner (2018- 21), Leadership Associate (2021-23), Department Manager (2023-present). Served as a contract Senior planner for the City of Palos Verdes Estates, Rancho Palos Verdes, Bell, Long Beach and Eastvale. Served as a contract associate planner for the Cities of Chino Hills, Industry and Laguna Woods. Served as case planner on a 1,080,060 square foot industrial project that required a General Plan Amendment, Zone Change, Tentative Parcel Map, Variance, taking the project through Planning Commission and City Council hearings, and the preparation of an Environmental Impact Report with statement of overriding considerations
Project Assistant, MIG*. Served as a contract assistant planner for the Cities of Westminster, San Marino, and Rancho Santa Margarita, providing services including counter services, design review of residential and commercial projects, relaying development standards to property owners and businesses, and processing land use entitlements including conditional use permits and variances. Served as a contract planner for the County of Orange, conducting permit processing services for the Rancho Mission Viejo development and reviewing development projects in the county unincorporated areas.

Land Use Planning Assistant*. Prepared applications/staff reports for conditional use permits and plan approvals. Conferred with applicants on conditions of approval and compliance measures. Conducted research related to permit and entitlement issues for potential developments.

Years of Experience: 16
Degrees
B.S., Urban and Regional
Planning, California State
Polytechnic University, Pomona

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 15 | P a g e City of Downey, Planning Intern*. Served as the primary public contact, via phone, email, or in person, regarding land use issues in the city. Reviewed projects in plan check for compliance with the Zoning Code and General Plan. Completed assignments to assist various departments, including Building and Safety and Economic Development.

Processed temporary use permits, prepared staff reports and presentations, and presented before a public hearing board. Drafted grant applications for funding from state agencies.

City of San Bernardino, Planning Aide*. Processed various planning applications as case planner including a conditional use permit, development permits, sign permits, and zoning verifications. Coordinated inspections with code enforcement officers to review businesses’ compliance with conditions of approval for conditional use permits. Assisted the Planning Division with various assignments in the development of transit-oriented development districts. Summarized existing code sections for review to determine possible future text amendments.

City of Arcadia, Planning Intern*. Processed various planning-related applications including variances, tract maps, and parcel maps. Reviewed projects at the planning counter and issued administrative approvals. Completed various assignments as part of efforts to establish a Business Improvement District.

City of Norwalk, Planning Intern*. Processed applications for various permits including new houses, and wireless facilities. Prepared various environmental documents, including initial studies and negative declarations. Assisted code enforcement officers in reviewing existing cases for issues related to Zoning Code compliance. *All work prior to working with Michael Baker International

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 16 | P a g e Gina Gibson-Williams
Principal Planner-Subconsultant

GENERAL QUALIFICATIONS
Ms. Gibson-Williams is a Principal Planner,
serving as a subconsultant with Michael
Baker’s Long Beach Office. Ms. GibsonWilliams brings significant planning experience in municipal operations,
experience with General Plan Updates, large
scale development, economic development,
and overall functions of a planning
department.

RELEVANT EXPERIENCE
City of Eastvale* Gina served as Community Development Director for the City of 70,000. Oversight of Community Development Department, (Planning, Engineering, Public Works, CIP, Economic Development, Maintenance, Landscaping, Code Enforcement, Building, CDBG); Assist City Manager in implementing Strategic Plan goals set by City Council; Oversee $8 million contract for professional service; Convert 24 contract positions to City staff in 1.5 years; Recruit, hire, train & mentor a team of 24 professional staff; Prepare & administer $16 million department & CIP budget; Support to City Council, Planning Commission; Real Property & Civic Center Council Ad Hoc Committees; Liaison to jurisdictional agencies. Establish a downtown core on a 158- acre former dairy. Negotiate Development Agreement & manage entitlement (Master Plan, Subdivision, CEQA, Fiscal Impact Analysis & appraisals) for a City Hall, Library, Police Station, Fire Station, amphitheater, parks, 2,500 homes, mixed-use, hotel & 595,000 square feet of commercial/ retail/office space. Responsible for $108 million Civic Center design & construction; Marketing, sale, and lease of 14-acre city-controlled land in the downtown core.

City of Rialto* Ms. Gibson-Williams served as Planning Director for a City of 100,000 people, providing oversight of Planning & Licensing Divisions; Recruit, hire, train & mentor 8 professional & administrative staff; Prepare & administer $5 million division budget; City Liaison at International Shopping Center Conference (ICSC) to attract retail & restaurant opportunities; Planning Liaison to Economic Development AD Hoc Committee; Manage & coordinate entitlement & CEQA process for: Island Annexations; County Landfill expansion; Airport re-use (Renaissance) project, 430,000 square foot Renaissance Marketplace & theatre; Lytle Creek 2,500-acre planned community; 3.3 million square foot distribution facility (Target Corporation); 132-unit senior housing project (TELACU); Pepper Avenue & Foothill Specific Plans; Analyze projects for conformance to City Development Code; Resolve highly complex land use & environmental issues (traffic, noise, circulation, design, compatibility); Conduct community meetings; Conduct Planning Commission & Development Review Committee meetings; Manage consultant contracts; Analyze site design & advise clients Years of experience: 31
Education:

M.PA., CA Baptist University
B.A., Geography, CSULB
University of California, Los Angeles
American Institute of Certified
Planners(AICP)

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 17 | P a g e of development opportunities, constraints & strategies; Act as liaison to public, developer, staff, agencies, City Manager, Commissions, Council.

County of San Bernardino* Managed entitlement process for 50-acre youth campground & conference center; Analyzed project for conformance to County Development Code including & technical studies (geotechnical, traffic, noise; biological); Prepared Conditional Use Permit; US Forest Service, CDFG take permit applications; Prepared Initial Study, Mitigated Negative Declaration & Mitigation Monitoring Plan; Coordinate project review with County staff, Project team & outside agencies (US Forest Service; CDFG; ACOE); Resolved complex land use & environmental issues.

City of Perris* Managed entitlement process for 1.9 million square foot warehouse distribution center (Ross); Reviewed technical studies (soils, Phase I environmental, drainage, air, traffic, biology, cultural, hydrology, & noise); Analyzed project for conformance to City Development Code; Prepared Initial Study, Mitigated Negative Declaration & Mitigation Monitoring Plan; Prepared Development Code Amendment, Zone Change, Tentative Parcel Map & Land Conservation (Williamson Act) Contract cancellation.

City of Fontana*
Managed entitlement & CEQA process for 660-unit residential subdivision (Coyote Canyon) & 240-acre mixed use business park; Coordinated annexation process with LAFCO & City.

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 18 | P a g e Tamara R. Harrison
Principal Planner
General Qualifications
Ms. Harrison has over 18 years of experience as a
Planner working for local governments. Over the
course of her career, she has developed experience in
project management, land-use/zoning, California
Environmental Quality Act (CEQA) and
presentations/public speaking. Her responsibilities
often include project management in residential,
commercial, and industrial entitlement processing, as
well as general plan amendments, specific plans, and specific plan amendments. She also has experience with general plan, zoning code and housing element updates, plan check reviews and planning inspections
Relevant Experience
City of Redlands - HE. City of Redlands. Senior Planner. Responsible for drafting HE staff report and resolution, including summarizing comments from HCD.

Winchester Community Planning EIR. Riverside County. Senior Planner.

Responsible for authoring a number of sections within the Draft EIR for an approximately 50,000 sq. ft. community planning area. Also reviewed and provided responses to County comments on draft sections,
Riverside County Housing Element Update. Riverside County. Planner IV.

Responsible for authoring and updating various portions of the County’s Housing Element, helped prepare for and attended community workshops, assisted the Project Manager as necessary and coordinated comments received from various stakeholders.

City of Fairfield On-Call. City of Fairfield. Senior Planner Responsible for the management of a variety of entitlement projects for the City of Fairfield. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments of submitted plans, preparation of public hearing package including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body.

City of Ventura On Call. City of Ventura. Senior Planner. Responsible for the management of a variety of entitlement projects for the City of Ventura. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments of submitted plans, preparation of public hearing packages including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body.

Years with Michael Baker: 3
Years of Experience: 18
Degrees
M.S.P., 2004, Urban and Regional
Planning, The University of
Tennessee, Knoxville
B.A., 2002, Urban Studies, The
University of Tennessee,
Knoxville

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 19 | P a g e City of Calimesa On Call. City of Calimesa. Senior Planner. Responsible for the management of a variety of entitlement projects for the City of Calimesa. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments of submitted plans, preparation of public hearing packages including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body.

City of Murrieta On Call. City of Murrieta. Senior Planner. Responsible for the management of select entitlement projects for the City of Murrieta. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments of submitted plans, preparation of public hearing packages including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body.

City of Redlands On Call. City of Redlands. Senior Planner. Responsible for the management of a variety of entitlement projects for the City of Redlands. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments on submitted plans, preparation of public hearing packages including staff report, conditions of approval, CEQA documents and presentations before the appropriate hearing body.

On Call Peer Review Support. Riverside County. Senior Planner. Responsible for review of a range of Environmental Documents in compliance with the California Environmental Quality Act and supporting technical studies. Documents include technical studies, Initial Study/Mitigated Negative Declarations, etc.

Menifee Lake Plaza Commercial Center Revision. City of Menifee. Senior Planner/Project Manager. Responsible for managing the entitlement review process as well as compliance with CEQA for the addition of a drive-thru restaurant as well as site design and façade revisions for Menifee Lakes Plaza. This included management and coordination of reviewing agencies, coordination with applicant, review of and comments of submitted plans, preparation of public hearing package including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body. Also responsible for post-entitlement actions such as final map, grading plan and building permit plan check review and necessary inspections through occupancy.

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 20 | P a g e Haide Aguirre
Senior Planner
General Qualifications
Haide Aguirre brings eight years of experience
working for local government as a land use planner.

Prior of joining Michal Baker International, Haide
served as the Senior Planner for the City of Grand
Terrace. Over the course of her career, she has
developed experience in project management, landuse/zoning, California Environmental Quality Act (CEQA), and presentations/public speaking. Her
responsibilities often include project management in
residential, commercial, and industrial entitlement processing, as well as general plan amendments, and specific plan amendments. She also has experience with general plan, zoning code and housing element updates, plan check reviews and planning inspections.

Relevant Project Experience
Riverside County, Senior Planner. Transportation and Land Management Agency – Current Planning. Responsible for the management of a variety of entitlement projects, including coordinating with applicant and reviewing agencies, conducting project review and analysis, conducting Development Advisory Committee (DAC) meetings, providing review comments to applicant, preparing public hearing packages including staff reports, conditions of approval, resolutions, and CEQA documents. Current project review includes Surface Mining Permits, Industrial Uses, Self-Storage Uses, Commercial Shopping Centers, Multifamily Developments, Tentative Tract Maps, General Plan Amendments, Specific Plan Amendments, and Zoning Amendments.

City of Calimesa, Senior Planner. Planning Division. Assist Planning Project Manager conducting project review and preparing review comments for Oak Valley North Project and Specific Plan, Heritage Oaks, and Summerwind Commons.

City of Grand Terrace, Senior Planner*. Planning and Development Services Department. Responsible for the management of a variety of entitlement projects. This includes management and coordination of reviewing agencies, coordination with applicant, review of and comments on submitted plans, preparation of public hearing packages including staff report, conditions of approval, resolutions, CEQA documents and presentations before the appropriate hearing body.
*All work prior to working with Michael Baker International Years with Michael Baker: 2
Years of Experience: 8
Degrees
B.A., 2006, Urban and Regional
Planning, California State
Polytechnic University, Pomona
A.S., 2003, Architectural
Technology, Los Angeles Harbor
College

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 21 | P a g e JEFFREY A. GRAHAM, LEED GA
Senior Planner
General Qualifications
Mr. Graham has over 6 years of experience in the land
use planning and development field, in both the public
and private sector sides of planning. He is skilled in
customer service, technical/staff report writing, plan
review, presentations to public hearing boards,
preparing long-range planning documents, ArcGIS,
contract staffing, entitlements, and permitting.

Relevant Experience
Michael Baker International, Planning Associate.

Multiple locations. Mr. Graham has served as a
contract planning Associate Planner for multiple
jurisdictions. Notable assignments include:
• Currently serving as an Associate Planner for the City of San Juan Capistrano with responsibilities including performing plan checks, writing staff reports, and preparing projects for and presenting to Planning Commission/Zoning Administrator/ Design Review Commission.
• Currently managing the completion and creating Objective Development Standards for three specific plans for the City of Monterey. • Provided research on policies and best practices for an accessory dwelling unit handbook for the San Bernardino County Transit Authority. • Served as an Associate Planner for the City of Sausalito with responsibilities including performing plan checks, writing staff reports, and preparing projects for and presenting to City Council/Planning Commission/Historic Preservation Committee.
• Served as Associate Planner for the City of Santa Ana with responsibilities, including counter service, writing staff reports, and performing plan checks. • Prepared staff reports, resolutions, and ordinance for a General Plan Amendment and Zone Change for the City of Hawthorne.
• Collected and analyzed a year’s worth of housing data for the City of Santa Fe Springs’ Annual Housing Progress Report.

Years of Experience: 6
Degrees
B.S., Community and
Regional Development,
University of California,
Davis
Licenses/Certifications
LEED Green Associate, US Green
Building Council, 2014
Board Positions
Vice Director of Administration,
APA Los Angeles, 2020

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 22 | P a g e • Served as Associate Planner for the City of Pasadena with responsibilities including performing plan checks, and entitlement project review. • Prepared a $65,000 LEAP (Local Early Action Planning) Grant application for the City of Signal Hill.
• Drafted the accessory dwelling unit ordinance for the City of Hawthorne. • Served as Associate Planner for special projects related to SB2 funding for the City of Signal Hill.
• Served as City Planner for the City of Palos Verdes Estates with responsibilities, including counter service, writing staff reports, performing plan checks, Coastal Development Permits, and wireless permits, preparing and presenting projects to the Planning Commission and City Council, and updating city ordinances. • Served as Project Planner for a General Plan Amendment in the City of California City.
• Served as Assistant Planner for the City of Elk Grove, with responsibilities, including processing entitlement applications, including sign permits, zoning clearances, minor design reviews, and tentative map extensions. • Served as Assistant Planner for the City of Monrovia, with responsibilities, including counter service, writing staff reports, and performing plan checks. • Gathered and organized data for the General Plan Annual Progress Report for the City of Signal Hill.
• Assisted in updating the design guidelines and specific plan for Oak View Estates in the City of Bradbury.
• Processed plan checks for the East Area One Specific Plan for the City of Santa Paula.
• Reviewed subdivision and landscape plans for Pinal County in Arizona. • Assisted with policy research and formulation for the City of Rolling Hills Estates General Plan Update.
• Conducted research and prepared the staff report for a truck wash station conditional use permit in the City of Laguna Woods.

Mintier Harnish*. Research Assistant. Mr. Graham provided research and writing support for general plan updates, specific plans, housing elements, and planning studies for the Cities of Hayward, Millbrae, Stockton, Union City, Windsor, and the San Joaquin Valley (SJV) Regional Policy Council. In addition, he created maps and designed document templates using ArcGIS and Adobe InDesign. Mr. Graham organized General Plan Update community workshops for over 80 attendees. Mr. Graham educated the

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 23 | P a g e office on Senate Bill 1000 and prepared a preliminary environmental justice analysis for Fresno County and the City of Gilroy.

Local Government Commission. City of Sacramento. Project Assistant. Mr. Graham conducted research on various planning topics, including Crime Prevention Through Environmental Design and proofread various community development grants. He also conducted outreach to local government officials and community leaders about workshops and events.

GBD Communities. City of Roseville. Land Acquisition and Entitlement Intern. Mr.

Graham assisted with local real estate market research and database updating. He also participated in weekly project updates with real estate professionals and facilitated meetings between vendors and project managers.

UC Davis Office of Environmental Stewardship and Sustainability. Student Analyst.

Mr. Graham gathered and organized data for the STARS (Sustainability Tracking, Assessment & Rating System) reporting project, a comprehensive metric system used to measure UC Davis’ sustainability performance. He performed data analysis using Microsoft Excel. Mr. Graham also suggested and initiated strategies to maximize points for the STARS submittal.
*All work prior to working with Michael Baker International

City of Lake Elsinore’s Proposal for Contract Planning Services (Agency Staffing) 24 | P a g e

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: January 9, 2024
Subject: Construction Agreement with CalCom Roofing, Inc. for Roof Replacement at City Hall (CIP Project #Z20005)
Recommendation
Approve and authorize the City Manager to execute a Construction Agreement with CalCom Roofing, Inc. for Roof Replacement at City Hall in an amount not to exceed $199,000.00 in such final form approved by the City Attorney.

Background
A roof assessment at City Hall was conducted, and the existing building has four roof sections with PVC single-ply roof systems. Each roof has between 2-5 layers of roofing material. The additional roofing layers under the PVC roofs are a Mineral Torch Cap Sheet Roof system installed over a plywood deck.

It was determined that the existing roof at City Hall needs a significant amount of work ranging from:
• The roofing system is approximately 15 years old and is in poor condition. • The PVC single-ply roof system is in poor condition.
• Sealants are in poor condition and need to be refreshed. • Flexseal has been used in drain areas where leaks have been reported. • Leaks have been reported throughout the roof.
• The roof has exceeded the number of layers for the building code.

Agreement with CalCom Roofing

Discussion
It was determined that a complete tear-off and re-roof of the existing roof was needed, with the installation of a new PVC Title 24 compliant roof system with all new parapet and rooftop penetration flashings, based on the following criteria:
• Install new 2" secure shield class "A" iso insulation over the wood deck and mechanically fasten.
• Install Versi-Weld 60 mil PVC and mechanically fasten over the 2" secure shield. • Install 60 mil PVC over parapet walls, including stucco wall. • Re-use existing coping metal
• All seams and laps will be heat welded.
• Install prefabricated pipe boots at all roof penetrations. • Install Truck power pipe supports for pipes as needed. • Install prefabricated corners at all intersecting corners. • Install T-joint covers at all intersecting corners laps on the field membrane. • 20-year material warranty
• 20-year labor warranty
The City initially estimated the project cost would be less than $200,000 and qualified for informal bidding procedures under Public Contract Code Section 22032. The City received three (3) proposals for Roof Replacement at City Hall. The amounts of each proposal are listed below:

Name of Company Amount
CalCom Roofing $199,000.00
JJ Roofing $220,876.00
Shell Roofing Solutions $271,790.00
Bidding Procedures
Chapter 3.12 of the Lake Elsinore Municipal Code, entitled Informal Bidding Procedures for Public Works Projects, provides for informal bidding procedures governing the selection of contractors and the award of contracts for public works projects according to Public Contract Code Sections 22032(b) and 22034, as authorized and directed by Public Contract Code Section 22034.

As noted above, the low bid is within the informal bid limit of $200,000. The low bidder has also satisfied the City's roof replacement requirements.

Fiscal Impact
Funds are available in the City's Fiscal Year 23/24 Capital Improvement Plan (CIP) Agreement with CalCom Roofing

Attachments
Attachment 1- Agreement
Exhibit A- Proposal
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
CalCom Roofing, Inc.

For the
City Hall Roof
Replacement
CIP PROJECT NO. Z20005
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of January 9, 2024 by and between the City of Lake Elsinore, a municipal corporation (“City”) and CalCom Roofing, Inc. (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

Roof Replacement at City Hall (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by N/A, are identified as:

N/A
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being One Hundred Ninety-Nine Thousand Dollars and Zero Cents. ($199,000.00).
2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 50 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000Click or tap here to enter text. per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. 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.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, 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
4 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.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor 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, 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. Commercial 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.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor 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 commercial 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. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. 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 6 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.

10. 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: CalCom Roofing, Inc.

Attn: William Leinenweaver
850 E. Parkridge Ave. Unit 110-111
Corona, CA 92879

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. 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.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. 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.

14. 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.

15. 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.

16. 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. 7 17. 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.

18. 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.

19. Authority to Enter Agreement and Administration. 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. The City Engineer shall act as the Project administrator on behalf of the City.

20. 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.

21. 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.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. 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. [Signatures on next page]
9 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”
Calcom Roofing, Inc., a Corporation
City Manager
ATTEST:

By: William Leinenweaver
Its: President
City Clerk
APPROVED AS TO FORM:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
PO Box 78297
Corona, CA 92887
(95{) 277-3886 - Fax (951) 277'3889
C-39***License # 971 035

PROPOSAL AND CONTRACT
Customer: City of Lake Elsinore
Attention: Jose Torres
Address: 130 S Main Street, Lake Elsinore
Date:11114123
Garlisle Svntec- Versico Versi-Weld 60 Mil PVG
Scope of Work

1. Tear off roof down to sheathing and haul away.

2. lnstall new 2" secure shield class 'A' iso insulation over wood deck and mechanically fasten.

3. lnstall Versi-Weld 60 mill PVC and mechanically fasten over the 2" secure shield.

4. lnstall 60 Mi! PVG over parapet walls including stucco wall.

5. Re-use existing coping metal.

6. All seams and Iaps will be heat welded.

7. lnstall prefabricated pipe boots at all roof penetrations.

8. lnstall Tru power pipe supports for pipes as needed.

9. lnstall prefabricated corners at all intersecting corners. l0.lnstall T-joint covers at all intersecting laps on the field membrane. 11 .20 Year Material Warranty.

12.20 Year Labor Warranty.

13.NDL warranty is included.

General Exclusions
o All work that is not specifically included in the scope of work is excluded including but not limited to new roof drains, ctad coated edge metal, plywood on the walls or in excess of what is stated in the scope of work.
o Replacement of ceiling foils.
o Falling ceiting tiles or any damage caused by normal re-roofing operations. . Any extra work witl only be completed when a change order is issued and agreed upon by the owner and the contractor.
. AlCWork or moving of any duct work.
o Electricalor plumbing work of any kind is excluded.

Building Location: Total Roofing Investment ry
$199,000.00
S Main St.

Lake Elsinore 2O-year PVC roof system

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: January 9, 2024
Subject: Approve and Authorize the City Manager to Execute Change Order #1 to the Public Works Agreement for the Site Grading of the New City Hall Project (CIP Project #Z20006)
Recommendation
Approve and authorize the City Manager to negotiate and approve a change order to the agreement/contract with Edmondson Construction Company in an amount not to exceed $95,625.00 for additional grading, excavation, and, compaction work on the building by the City Attorney.

Background
On November 14, 2023, the City entered into a public works agreement with Edmonson Construction Co. to grade and develop the building site for the new City corporate facility. Site development has required additional grading, excavation, and soil compaction to accommodate the necessary structural design elements of a wider City Hall building.

Discussion
This change order contains additional mass grading of the site with increased cubic yardage of material. The following chart illustrates the increased quantities of material for the larger site development:

CIP Project #Z20006 – Additional Mass Grading

Work Scope Old Quantity New Quantity Increased Amount
Over Excavation Pad 3,800 CY 7,100 CY $49,500.00
Import, Place &
Compact
300 CY 1,125 CY $45,375.00
Finish Pad 16,750 SF 17,250 SF $750.00
Total $95,625.00
Environmental Consideration
Approval of the Agreement for grading is in furtherance of implementing the City Hall project approved by the City Council on May 10, 2022. Additionally, there is no substantial change to the project, no new circumstances under which the project will be developed, nor new info analysis.

Accordingly, no further environmental review is required.

Fiscal Impact
Funding costs are included in the Fiscal Year 23/24 – 27/28 Capital Improvement Plan (CIP) budget, CIP Project #Z20006.

Attachments
Attachment 1 – Change Order #1
Attachment 2 – Original Agreement

CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
(951) 674-3124
PROJECT CHANGE ORDER CHANGE ORDER # 1
DATE: January 9, 2024
THIS CHANGE ORDER IS APPLICABLE TO:

CITY PROJECT # #Z20006 CONTRACT AWARDED TO:

PROJECT TITLE: City Corporate Facility Edmonson Construction Co DATE AWARDED: November 14, 2023
Authorized by: Jason Simpson TOTAL AMOUNT OF CONTRACT
City Manager PRIOR TO THIS CHANGE ORDER
$119,500.00
CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES:

QUANTITIES INCREASED

ITEM QUANTITY UNIT UNIT PRICE EXTENSION
Over Excavation Pad 7100 CY 7,100.00 CY $49,500.00 $49,500.00 Import, Place & Compact 1,125 CY 1,125.00 CY $45,375.00 $45,375.00 Finish Pad 1,725.00 ST $750.00 $750.00

QUANTITIES DECREASED

ITEM QUANTITY UNIT PRICE EXTENSION
None
TOTAL $95,625.00

THE AMOUNT OF THE CONTRACT WILL BE (INCREASED) BY THE
SUM OF $95,625.00
Change Order No. 1
Review by: Initials Date Approved by: Date
Assistant City Manager
Contractor
City Manager:

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: January 9, 2024
Subject: Award a Public Works Agreement to Interstate Striping, Inc. for the Annual Traffic Striping Maintenance Program (CIP Project #Z10004) Recommendation
Approve and authorize the City Manager to execute a Public Works Agreement with Interstate Striping, Inc., in an amount not to exceed $373,674.00 for the Annual Traffic Striping Maintenance Program (CIP Project #Z10004) in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $37,367.00 for uncertainties and adjustments.

Background
As part of the regular street maintenance, traffic striping is performed throughout the City. The work under this contract shall consist of painting traffic lanes, parking lanes, thermoplastic directional arrows, crosswalks, and legends. All striping shall conform to Caltrans Standard Plans and Specifications.

Agreement with Interstate Striping, Inc.

Discussion
The scope of work for this project consists of several trade areas commonly utilized by Cities.

These identified maintenance service areas are not intended to be all-inclusive but rather a general listing of the most common areas requiring routing and frequent maintenance and repair.

Also, it should be noted that specific maintenance may require scheduled preventive maintenance work. Painting traffic lanes, parking lanes, thermoplastic directional arrows, crosswalks, legends, and RPM placement are required. All striping shall conform to Caltrans Standard Plans and Specifications, including applicable revisions. The primary considerations and general requirements are listed below:

Painting Traffic Lanes Crosswalk
Parking Lanes Legends & Placement of RPM’s
Thermoplastic Directional Arrows Traffic Sign Installation Five (5) bids were received on or before the deadline of 2:00 pm on Tuesday, November 21, 2023. City Staff members examined all bids. The bid results were posted for public review in PlanetBids shortly after the opening. Following the examination of the bids, the low bidder, Interstate Striping, Inc., was reviewed by staff and determined to be complete.

Name of Company Bid Amount
Interstate Striping, Inc. $373,674.00
J&S Striping Company, Inc. $404,867.50
Superior Pavement Markings $650,022.00
Chrisp Company $716,311.50
PCI $791,876.50
Following the approval of this agenda item, the Annual Traffic Striping Maintenance Program will begin. Staff has reviewed and verified the contractor has a valid license and has provided sufficient references.

Fiscal Impact
Funds are budgeted in the Fiscal Year 2023-24 Capital Improvement Plan (CIP) budget.

Attachments
Attachment 1 - Agreement
Exhibit A - Bid Packet
Attachment 1 - Agreement .pdf Page 1

AGREEMENT FOR CONTRACTOR SERVICES
Interstate Striping, Inc.

Annual Traffic Striping Mainteance Program
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of January 9, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Interstate Striping, Inc., a Corporation ("Contractor").

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

Annual Traffic Striping Maintenance Program.

B. Contractor has submitted to City a proposal, dated November 21, 2023, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor 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 contractor 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 contractor services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the contractor 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

and effect for a period commencing on January 9, 2024 and ending June 30, 2027. 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 Three Hundred Seventy-Three Thousand Six Hundred Seventy-Four Dollars and Zero Cents ($373,674.00.00) 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.

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.

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 and except for the fees paid to Contractor as provided in the Agreement, 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 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 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. Professional Ability of Contractor. City has relied upon the professional 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 professional and technical 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 professionals 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 and Employer’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.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. 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, 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: Interstate Striping, Inc.

Attn: Stephanie Acosta
9784 Poplar Ave.

Fontana, CA 92335

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 Contractor and the subcontractors listed in Exhibit B. 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 except as provided in Exhibit B 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 non-payment 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 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) 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. 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. [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
“CONTRACTOR”
Interstate Striping, Inc., a Corporation
By: Stephanie Acosta
Its: President
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

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: Rick De Santiago, Public Works Manager
Date: January 9, 2024
Subject: Agreement with Tint Solutions, Inc. for Window Tinting Services Citywide Recommendation
Approve and authorize the City Manager to execute the Contractor Services Agreement with Tint Solutions, Inc. in an amount not to exceed $15,000.00 per Fiscal Year for a term of (3) years in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,500.00 for unanticipated costs.

Background
Tint Solutions has provided services to the City of Lake Elsinore for the past two years. Tint Solutions provides commercial and residential window tinting services, including solar control film, privacy film, security film, anti-graffiti film, turf guard window film, CoolVu transitional window film, and custom decorative frost film installation.

Discussion
Staff would like to continue with the much-needed services. This Agreement will provide window tinting services for the following locations:
• Emergency Operations Center
• Temporary City Hall
• Senior Center
Fiscal Impact
Funds are available in the City’s FY23-24 Annual Operating Budget.

Tint Solutions, Inc. Agreement

Attachments
Attachment 1- Agreement
Exhibit A - Quote
Attachment 1- Agreement .pdf Page 1

AGREEMENT FOR CONTRACTOR SERVICES
Tint Solutions, Inc.

Window Tinting Services Citywide
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of January 9, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Tint Solutions, Inc., a Individual ("Contractor").

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

Window tinting services citywide.

B. Contractor has submitted to City a proposal, dated November 9, 2023, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor 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 contractor 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 contractor services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the contractor 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

and effect for a period commencing on January 9, 2024 and ending June 30, 2027. 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 Fifteen Thousand Dollars and Zero Cents ($15,000.00) 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 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.

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 and except for the fees paid to Contractor as provided in the Agreement, 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 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 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. Professional Ability of Contractor. City has relied upon the professional 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 professional and technical 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 professionals 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 and Employer’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.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. 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, 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: Tint Solutions, Inc.

Attn: Anthony Peterson
6353 Corte Del Abeto Suite 106
Carlsbad, CA 92011

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 Contractor and the subcontractors listed in Exhibit B. 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 except as provided in Exhibit B 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 non-payment 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 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) 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. 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. [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
“CONTRACTOR”
Tint Solutions, Inc, a Individual Contractor
By: Anthony Peterson
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
L:i
Proposal To: Luis Ceja (City of Lake Elsinore)
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LAKE ELSINORE, CA 92530
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Date Nov 9, 2023
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Senior Center
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Emergenry Operations Center
Temp City Hall
Senior Center
22 panes
1 I panes
28 panes
22 panes
1 I panes
28 panes
Avery Dennison DR OPtiTune 05i
Gombining cooling perforrnance with st e Engineered with nano-technology for color stability and exceptlonal performance, the Avery Dennison DR optirune Dual Reflective interior window film combines high solar heat rejection with low internal reflectance. lts attractive, warm neutral grey tone makes it a great choice for both residential and commercial use.

DR OptiTune functions as a one-way mirror for outstanding daytime privary' Uv Rejection:99% Heat Rejection:84% SinglePaneT3% Dual Pane I 4,358.00
22 panes
1 8 panes
28 panes
Avery Dennison DR OPtiTune 05i
Gombining cooling pertormance with st1y'e Engineered with nano-technology for color stability and exceptional performance, the Avery Dennison DR optirune Dual Reflective interior window film combines high solar heat rejection with low internal reflectance. lts attractive, warm neutral grey tone makes it a great choice for both residential and commercial use'
DR OptiTune functions as a one-way mirror for outstanding daytime privacy' UV Rejection:99% Heat Rejection:847o Single Pane73% Dual Pane $ 4,968.00
Solution 3 Tintin of Senrcr Cer:ter p?r i.oll*
Emergency Operations Center
22 panes
Temp City Hall
Senior Center
1 I panes
28 panes
Avery Dennison DR OptiTune 05i
Gombining coollng performance with style Engineered with nano-technology for color stability and exceptional performance, the Avery Dennison DR OptiTune Dual Reflective interior window film combines high solar heat rejection with low internal reflectance. lts attractive, warm neutral grey tone makes it a great choice for both residential and commercial use.

DR OptiTune functions as a one-way mirror for outstanding daytime privacy.

UV Rejection:99% Heat Rejection:84% Single Pane73% Dual Pane 14,923.00
Next Steps:

1. Approval: lf you find the details outlined in the above proposal to be accurate and satisfactory, please approve this proposal by entering your name and tapping the approve button.

2. Collect 50% Deposit: Upon the approval of this proposal, you can conveniently initiate the deposit payment by following the link provided on the next page. The deposit will be credited to your invoice. lf prior arrangements with management have exempted you from making an upfront deposit, disregard this step.

3. Schedule: Upon successful deposit collection, our team will proceed to order the required materials. Our office will then reach out to you to coordinate the scheduling of your installation. lt,s important to note that the installation date will be confirmed once the deposit payment is received, unless othenrrise authorized by management. Kindly allocate a 1 -hour window for the estimated arrival time on the day of installation.

4. Final payment The final payment is due upon the project's successful completion. Kindly note that if the payment is not received within 1 5 days from the project,s completion date, a late fee of 5% will be applied to the total project price. Furthermore, an additional fee of 1.5% will be compounded for each subsequent month until the outstanding balance is settled in full.

5. Warranty: Warranty coverage will be activated only when the final invoice amount has been settled in its entirety.

6. Contract: For an in-depth understanding of the contract terms and conditions, we invite you to access the comprehensive details by clicking on the link provided below. your adherence to these steps is greatly valued, ensuring a seamless and successful collaboration. Should you have any inquiries or require clarification at any stage, please do not hesitate to reach out.

Thank you for entrusting us with your Project.

O You didn't select any solutions. Please select solutions above to approve the proposal' TorAt $ o'oo
Window Film lnstallation Contract
How to Prepare
To ensure a smooth and efficient visit, we offer the following tips on how to prepare for our scheduled installation:

Clearing the Work Area: prior to our arrival, we request that you clear all valuables, important items, and heavy objects from the areas designated for our work. while we are capable of moving smaller minor items, please be advised that larger or valuable items are not within our responsibility to handle. lnstallation Timing: our dedicated installers will adhere to the agreed-upon schedule, arriving within a 60-minute window. This approach is designed to provide flexibility while accommodating your commitments' lnstallation Process: Upon arrival, our skilled technicians will proceed with the following steps:

Cut the Film: Our team will meticulously cut the film to ensure precise fitting' Glass Preparation: The glass will be thoroughly cleaned and prepared for the installation.

Application of Material: The chosen window film will be expertly aPplied to the glass surface.

Allow for Completion: we request that you allow our installers to complete the entire installation process before evaluating the finished work. This approach ensures that all aspects of thejob are addressed thoroughly and to the highest standards. lnstaller Guidance: Rest assured that our installers are trained professionals who take pride in their work. At the conclusion of the installation, they will be more than happy to guide you through the finished project explaining any necessary details and addressing any queries you may have' . Tl-:ankyquforyourcooperationinpreparingforourvisit.Yourproactivemeasurescontributetoasuccessful installationexperience.Shouldyouhaveany questions or require further assistance, please feel free to reach out to our team! Powered By Tintwiz

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Barbara Leibold, City Attorney
Date: January 9, 2024
Subject: Purchase of Real Property for Murrieta Creek Trail Project (APN 371-100- 003)
Recommendation
Approve the purchase of an approximately 2.17-acre parcel for the Murrieta Creek Multi-Use Trail Project (APN 371-100-003) for $104,000 plus ancillary closing costs and authorize the City Manager to execute an assignment of the Purchase Agreement and such other ancillary documents as may be necessary to complete the purchase, in such final form as approved by the City Attorney.

Background
The subject property is located in the southwest portion of the Back Basin within the alignment of the proposed Murrieta Creek Multi-Use Trail project. When constructed, the proposed Murrieta Creek Trail project will provide an important link in the regional active transportation network consistent with the East Lake Specific Plan, General Plan and the City’s Active LE goals. The Murrieta Creek Multi-Use Trail will connect the existing Lake Elsinore Levee Trail to the Palomar Trail and the trail system in our southeast neighboring communities.

Discussion
As part of the Back Basin conservation efforts, the Western Riverside County Regional Conservation Authority (RCA) obtained an appraisal of the subject property and entered into a Purchase and Sale Agreement with the property owner. Because the property is a key piece in the Murrieta Creek Trail project, RCA proposes to assign the Purchase and Sale Agreement to the City to complete the acquisition for the trail project.

Murrieta Creek Trail Property Purchase

The purchase price is equal to the appraised fair market value of $104,000. In addition, the City will be responsible for escrow and title fees and any applicable recording or conveyance fees.

The seller is responsible for the installation of survey markers and related costs.

Environmental Consideration
The City approved Mitigated Negative Declaration (SCH #2021120441) for the Murrieta Creek Multi-Use project and made findings in compliance with California Environmental Quality Act on February 8, 2022. In addition, the Murrieta Creek Multi-Use Trail project is consistent with the MSHCP as an identified Planned Regional Trail and MSHCP covered activity. A Joint Project Review and Determination of Biologically Equivalent or Superior Preservation have been completed for the project and approved by RCA and the Wildlife Agencies.

Fiscal Impact
The funding for acquisition in the amount of $104,000, plus closing costs is available and will be paid from Active Transportation Program Grant funds.

Attachments
Attachment 1 – Vicinity Map
Attachment 2 – Aerial Map
Attachment 3 – Alignment Map
Attachment 3 – Assignment Agreement
Attachment 4 - Purchase Agreement

MURRIETA CREEK MULTI-USE TRAIL

ALIGNMENT
26493.00741\41634396.2

ASSIGNMENT AND ASSUMPTION OF

AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY

WITH ESCROW INSTRUCTIONS
This Assignment and Assumption Agreement (“Assignment Agreement”) is entered into as of _______ ___, 2024, by and between WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, a public agency and a joint powers authority (“Assignor”) and the City of Lake Elsinore, a California municipal entity (“Assignee”). Assignor and Assignee may be referred to in this Assignment Agreement individually as “Party” and collectively as “Parties.”

RECITAL
A. Assignor and RUY TSUN LEE and SIU PI LEE, Trustees or their successors in trust, under The Lee Living Trust (referred to interchangeably herein as “Lee” and as “Purchaser”) are parties to that certain “Agreement for Purchase and Sale of Real Property with Escrow Instructions” dated June 5, 2023 (the “Purchase Agreement”). Definitions which are not defined herein shall have the meaning set forth in the Purchase Agreement; B. Assignor desires to assign its rights and obligations under the Purchase Agreement to Assignee and Assignee desires to assume same under the terms and conditions set forth herein.

NOW, THEREFORE, the parties hereto agree as follows:

1. Assignment. Assignor hereby assigns, transfers, conveys, sells, and delivers to Assignee, all of Assignor’s rights, obligations and interest in the Purchase Agreement, and Assignee accepts same.

2. Assumption of Liabilities. Assignee hereby assumes all of the obligations of Assignor under the Purchase Agreement, including without limitation, all covenants, indemnity obligations, representations and warranties of the Purchaser.

3. Third Party Beneficiary: As a party to the Purchase Agreement, Lee is a thirdparty beneficiary to this Assignment Agreement.

4. Indemnity: Assignor and Assignee shall indemnify, defend and hold Lee and its officials, directors, officers, employees, consultants, attorneys and agents free and harmless from and against any and all losses, claims, damages, fees (including, without limitation, attorneys’ fees and costs), injuries to persons or property (including wrongful death) arising out of or incident to this Assignment Agreement. The indemnification obligations of this Section 4 shall survive close of escrow between Assignee and Lee under the Purchase Agreement and the termination of this Assignment Agreement.

5. Execution and Vesting. All documents to be executed at the close of escrow by Assignor pursuant to the Purchase Agreement shall be executed in the name of Assignee as 26493.00741\41634396.2
2 “Purchaser.” At the close of escrow, title to the approximately 2.17 acre parcel will vest in the name of the Assignee.

6. Binding Nature. This Assignment Agreement and everything contained in it shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns, as allowed by Section 17 herein.

7. Governing Law. This Assignment Agreement shall be construed in accordance with and governed by the laws of the State of California.

8. Further Assurances. The parties hereto agree to execute such further instruments and documents and to take all actions pursuant to the provisions hereof as may reasonably be necessary and appropriate in order to timely consummate the transactions contemplated by this Assignment Agreement.

9. Counterparts. This Assignment Agreement may be executed in one or more counterparts, each of which so executed and delivered shall be deemed to be original and all of which, together, shall constitute one and the same instrument.

10. Severability. If any term or provision or portion of any term or provision of this Assignment Agreement or the application of any such term or provision or portion of such term or provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Assignment Agreement, or the application of such term or provision or portion of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Assignment Agreement shall be valid and enforced to the fullest extent permitted by law.

11. Waivers. No waiver or breach of any covenant or provision shall be deemed a waiver of any other covenant or provision, and no waiver shall be valid unless in writing and executed by the waiving Party.

12. Construction. Headings are solely for convenience of the Parties, are not a part of this Assignment Agreement and shall not be used to interpret this Assignment Agreement. The singular form shall include plural and vice versa. This Assignment Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties have prepared it.

13. Incorporation of Recitals. The Recitals of fact preceding this Assignment Agreement are true and correct and are incorporated into this Assignment Agreement in their entirety by this reference.

14. Entire Agreement. This Assignment Agreement contains the entire agreement of the Parties concerning the subject matter contained in this Assignment Agreement, and supersedes any prior written or oral agreements between them concerning the subject matter of this Assignment Agreement. There are no representations, agreements, arrangements, or 26493.00741\41634396.2
3 understandings, oral or written, between the Parties, relating to the subject matter of this Assignment Agreement that are not fully expressed in this Assignment Agreement.

15. No Merger. All covenants, representations and warranties of the Parties contained in this Assignment Agreement shall survive delivery and recordation of instruments by which fee title to the Property is conveyed to City of Lake Elsinore under the Purchase Agreement.

16. No Further Transfer or Assignment. The Assignee shall have no further right to assign this Assignment Agreement without the prior written consent of Lee, which consent may be withheld in Lee’s sole and absolute discretion.

17. Amendment. This Assignment Agreement may not be amended or altered except by a written instrument executed by both of the Parties; provided, however, that no amendment to this Assignment Agreement shall be valid and binding except as is acknowledged and approved by the Lee in writing.
[SIGNATURE PAGE TO FOLLOW]
26493.00741\41634396.2
4 SIGNATURE PAGE FOR THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT

FOR PURCHASE AND SALE OF REAL PROPERTY WITH ESCROW

INSTRUCTIONS
IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment Agreement effective as of the date first written above.

ASSIGNOR:

WESTERN RIVERSIDE COUNTY REGIONAL
CONSERVATION AUTHORITY, a public agency
and a joint powers authority
By: ______________________________
Anne Mayer, Executive Director

APPROVAL AS TO FORM
By: _______________________
Best Best & Krieger LLP
RCA General Counsel
ASSIGNEE:

CITY OF LAKE ELSINORE,
a California municipal entity
By: _____________________________

APPROVAL AS TO FORM:

By: ________________________
Leibold McClendon & Mann
City Attorney

REPORT TO CITY COUNCIL
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: January 9, 2024
Subject: Amendment No. 1 to Agreements for Minor Construction and Maintenance Operations
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreements with Endresen Development, Inc. in an amount not to exceed $250,000, Cotter Construction, Inc. in an amount not to exceed $250,000, B&B Nurseries, Inc. (dba Landscape Center) in an amount not to exceed $75,000, and Pursuit Electric in an amount not to exceed $75,000 in such final form as approved by the City Attorney.

Background
On-call contracts allow the City to mobilize maintenance and construction services quickly and efficiently under pre-negotiated terms and conditions. The City may require services due to an urgent matter or because the City is unable to provide or perform those services internally. For a City who needs to engage a general or specific maintenance or construction service, the benefits of having an on-call contract in place include:

Wide span of technical expertise
Resource availability and flexibility
Commitments as needed for services
Accelerated procurement and authorization
Independent and objective assessments and proposals
Validation of resolution-oriented actions
Minor Construction Amendments

The on-call and minor construction services in Lake Elsinore are essential to maintaining city amenities and efficiently constructing low-cost minor projects. Staff solicited proposals for time and material of minor construction contractor services. Utilizing the submittals from these contractors’ additional agreements are needed to sustain these critical services. All of these have provided essential contractor services per the agreement scope of work, which includes but is not limited to the below maintenance/minor construction and repair trade areas commonly utilized by the City and listed below:

Minor Construction and Repair Carpentry (Framing)
Plumbing Electrical
Concrete Masonry
HVAC Painting
Roofing Dry Wall
Finish Wood Working Welding
Sheet Metal Flooring
Demolition & Disposal Data & Communication
Discussion
These on-call contractors will perform various on-call repairs and minor construction work. All assigned work will be proposed in writing, reviewed, negotiated by Staff, and approved before execution. Several of these contractors have performed as both contractors and sub-contractors on several large City and Agency projects at the Diamond Stadium, Rosetta Canyon Sports Park, Launch Pointe RV Resort, City Hall, The Neighborhood Community Center, Camino Del Norte, Anchor, and various other City projects.

These amendments are needed to ensure continued on-call and minor construction contractor support for immediate operational demands and minor construction projects. Considering the projected wet winter storm year, the anticipated emergency on-call services are high. The sustainment of these essential general requirements provides City-wide far-reaching minor construction, rehabilitation, and immediate maintenance augmentation of construction and repair services.

Fiscal Impact
Funds are included in the Fiscal Year 2023-24 budget.

Minor Construction Amendments

Attachments
Attachment 1 - Endresen Development, Inc. Amendment No. 1 Exhibit A - Proposal
Attachment 2 – Endresen Development, Inc. Original Agreement Attachment 3 - Cotter Construction, Inc. Amendment No. 1 Exhibit A - Proposal
Attachment 4 – Cotter Construction, Inc. Original Agreement Attachment 5 - B&B Nurseries Inc. (dba Landscape Center) Amendment No. 1 Exhibit A - Proposal
Attachment 6 – B&B Nurseries Inc. (dba Landscape Center) Original Agreement Attachment 7 - Pursuit Electric Amendment No. 1
Exhibit A – Proposal
Attachment 8 - Pursuit Electric Original Agreement
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Endresen Development Inc.

ON-CALL SERVICES
This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of 1/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and Endresen Development Inc., a (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (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 three hundred and fifty thousand dollars and no cents ($350,000.00).

C. The Original Agreement had a term of one year with three one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2024.

D. The parties now desire to amend the agreement 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 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor’s compensation related to Exhibit A-1 to Amendment No. 1 exceed two hundred fifty thousand dollars and no cents ($250,000.00) without additional written authorization from the City Council. Annual compensation during each renewal term, if any, shall not exceed six hundred thousand Dollars ($600,000.00).

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

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. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Endresen Development Inc.

City Manager
Date:

Josh Endresen, Owner
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]
ENDRESEN DEVELOPMENT INC.

Attachment “A-1”
Cost Proposal Sheet – General Maintenance Services
Please provide the fee quotes as follows (Include a schedule of rates by classification hourly rates):

In the column labeled “Bidder Notes” mark each maintenance area beginning with 1 to 11 (1=most preferred area, 11= least preferred area). Please attach additional pages if necessary.

GENERAL MAINTENANCE SERVICES WAGE RATES
Constructi
on &
Maintenan
ce Area
*Normal Business
Hours Rate
**Emergency and
After Hours Rate
Unit of
Meas
ure
(Hourl
y,
½ Hour
Etc…)
Subcontrac
tor Services
Yes / No
Bidder Notes
(Attached if Needed)
Non-Pre
vai ling
Wage
Rate
Prevailing
Wage Rate
Non-Pre
vai ling
Wage
Rate
Prevaili
ng
Wage
Rate
Carpe
ntry

65.00 86.00 75.00 127.00 Hourly No 1
Finish Wood
Working

65.00 86.00 75.00 127.00 Hourly No 3
Plumbing 70.00 93.00 85.00 130.50 Hourly No 7
Electrical 101.00 129.00 135.00 160.00 Hourly No 4
Concrete
and
Masonry

70.00 96.00 85.00 137.50 Hourly No 2
HVAC 70.00 96.00 85.00 137.50 Hourly No 10
Painting 50.00 85.00 75.00 124.00 Hourly No 6
Sheet Metal 70.00 93.00 85.00 135.50 Hourly Yes 9
Dry Wall 60.00 86.00 80.00 133.00 Hourly No 5
Roofing 67.00 91.00 8000 131.00 Hourly Yes 11
Irrigation
Repair

50.00 80.00 70.00 127.00 Hourly No 8
Material Markup: _____20_______ % (percent)
*Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday – Friday) **Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays) DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02

AGREEMENT FOR CONTRACTOR SERVICES
Endresen Development Inc.

ON- CALL SERVICES
This Agreement for Contractor Services ( On -Call) ( the " Agreement") is made and entered into as of January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation ( the " City") and Endresen Development Inc., a Licensed General Contractor ( the " Contractor").

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

On- call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 8, 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
I . 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: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 C. Term and Compliance with TaskfVVork Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 24, 2023 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 for three hundred fifty thousand dollars and no cents ($ 350, 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: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 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 Propertx. 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 otherthan 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: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 required by law, from the date of termination or completion of this Agreement.

G. Any records or documents required to be maintained pursuant to this Agreement shall be made available far 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.

19. 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: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 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 anyfederal, state, or municipal law orordinance, 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 applyto any damages orclaims 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: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02

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 Insuranee and Employer'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. 11188) or Insurance Services Office form number GL 0002 ( ed. 1173) 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.

This policy shall be considered primary insurance as respects the City,

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 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: Enderesen Development Inc.

Attn: Josh Endresen
15301 Alvarado St
Lake Elsinore CA 92530

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02

18. Assignment and Subcontractina. 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 15000, 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: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 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.
2$. 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 OF LAKE ELSINORE, a municipal
corporation
DOCU igned by:
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f11101011: 7:[oio]_k4
Endresen Development Inc., a Click or tap here
to enter text.

Dxu3igned 6y:

C
DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 City Manager
ATTEST:

L
Signed by:

City Clerk
APPROVED AS TO FORM:

DocuSigned by:

City ttarney
Doc uSigned by:

Sew
Assistant City Manager
Attachments: Exhibit A — Contractor' s Proposal
By: Josh Endresen
Its: Owner

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02

EXHIBIT A

CONTRACTOR' S PROPOSAL
ATTACHED]

EXHIBIT A
DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 civv csciv

DEVELOPMENT
City of Lake Elsinore
To whom it may concern:

August 23, 2022
I would like to take this opportunity to introduce to you, Endresen Development, INC. We are a General Construction company located in Lake Elsinore, California. Our Company' s experience includes new construction, minor and major renovations to existing buildings, commercial construction, including tenant improvements. Our goal is to provide you with the best quality construction and customer service while completing the project on time and under budget.

Endresen Development, INC has over forty years of building experience with Josh, as a General Contactor and Jim as a General Contractor and consultant. Both come from a customer service/ residential building background and pride themselves in making sure that the job is of the highest quality and the customer is completely satisfied. Jessica, CFO and accountant ensures the accounting and monetary aspect of the project comes in on target. No company provides the quality and service of Endresen Development, LLC on projects of any size.

Endresen Development, INC is a full- service construction company that has experience in all forms of construction. We offer 24 hour/ 7 days a week emergency services. If needed, we can provide, before, during, and after photos of projects. No job is too small or large. We are fully licensed, bonded, and insured.

I have enclosed for your reference, just a few of our clients that we have made completely satisfied in the past, as well as clients that we continue to do business with.

If you would like any additional information on our company, Endresen Development, INC, please feel free to contact us. We look forward to working with you in the near future.

Thank you
Josh Endresen
Endresen Development, INC
License # 922677
Office- 951- 678- 1977/ Cell- 951- 757- 5695
Endresen Development@gmail. com
Endresen Development, INC 15301 Alvarado Street Lake Elsinore, CA 92530 DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 C5 scAv

DEVELOPMENT
Endresen Development, INC is a family owned small company located in Lake Elsinore, California. Josh is a General Contractor with a B construction license. He has been in construction for over 20 years. Josh is a finish carpenter by trade with an eye for detail. Endresen Development, INC recently expanded and has 3 employees in the field that work alongside hire. All our employees come from a construction background and have experience in various areas. We also have an accountant/ bookkeeper who keeps the office and financials in order.

Josh has had his General Contractors, B license since 2009- License # 922577. We carry liability insurance, workers Compensation Insurance, and are fully bonded. We are proud to say we have not been involved in any legal issues/ lawsuits and have never had a worker' s compensation claim. Endresen Development, INC always complies with all existing State and Federal laws. We also comply with all OSHA and Cal OSHA standards and requirements.

Endresen Development, INC works with several subcontractors that have similar qualifications and work ethic.

We ensure that our sub -contracts also abide by necessary State and Federal laws and all OSHA and Cal OSHA standards and requirements.

This following is a list of the sub -contractors that we currently work with:

Advanced Heating and Air ( HVAC) Temecula, CA
JARCO Roofing ( Roofing) Perris, CA
Pursuit Electric ( Electric) Lake Elsinore, Ca
Canyon Hills Plumbing and Drain ( Plumbing) Lake Elsinore, CA Endresen Development, LC is an on- call contractor for several Commercial Management Companies and Investment Companies, including the following:

SR Commercial- Sabrina McChesney
o Lake Elsinore Central Marketplace
City Com Commercial Property Management
City of Lake Elsinore
Val Verde School District
Endresen Development, INC 15301 Alvarado Street Lake Elsinore, CA 92530 DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 Attachment " A"
Cost Proposal Sheet — General Maintenance Services
Please provide the fee quotes as follows { Include a schedule of rates by classification hourly rates}:

In the column labeled " Bidder Notes" mark each maintenance area beginning with 1 to 11 ( 1 = most preferred area, 11= least preferred area). Please attach additional pages if necessary.

GENERAL MAINTENANCE SERVICES WAGE RATES
ConstructionUnit
Normal Business Hours
Rate
Emergency and After
Hours Rate of
Measure
Subcontractor
Services
Bidder Notes
Maintenance Non- Non- Hourly, y, Yes ! No
Attached if Needed)
Area Prevailing Prevailing Prevailing Prevailing Hour
Wage Rate Wa a Rate Wage Rate Wage Rate Etc....

Carpent 3°= 76 Zy 1/ 214- NO
Finishwood
b 8 3
p 750"
t ZL LO—
ZK Nd 3
Plumbing 5
60 S Ba = 136 5° 11L fill- no
Electrical 9.5
A
011
1ODI
l th aa- Iss L4
Concrete and
Mason 65 `- 13- 7 et' 1E° I Z !- lttr ryo 2
HVAC two 12 lie r
ID
Painting W50 75 bO 114 141L 1 4
Sheet Metal b:s
a^ f3- 7
ae 8 13o'Se t! #l 4i'Z
Dry Wall Z- m- J` 7- -,
41 t2. t-AitZ N6
Roofing jam s j 7,5 1 7- L4t I Z,4 t— las
Irrigation
Repair 0 75
Or{
e Z? 4 kiL Sr iJ
Material Markup: 20 % ( percent)
Normal Business Hours: 7: 30 a. m. to 5: 30 p. m. ( Monday — Friday) Emergency and After Hours Service: 5: 30 p. m. to 7: 30 a. m. ( Weekends and Holidays)

DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 ACQRD® CERTIFICATE OF LIABILITY INSURANCE DATE IM MID DIYYYYI 1011 2J2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER CONTACT Customer Service Team NAME:

A1C No E10: ( 888) 745- 0002 FVC Ne _ ( Preferred American Insurance 888) 834- 0006 EMAIL
customerservice@preferredamerioan. com
ADDRESS: P. O. Bax 79498
IN SU RERIS) AFFORDING COVERAGE NAIC d
INSURER A: Preferred Contractors insurance Company Corona CA 92877 12497

INSURED
INSURER B:

INSURER C: Endresen Development, IncINSURER D:
15301 Alvarado StINSURER E
INSURER F:

Lake Elsinore CA 92530
COVERAGES CERTIFICATE NUMBER: 22- 23 Certs REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

LTR TYPE OF INSURANCE INSD VIVD POLICY NUMBER

POLICY EFF
MM1DD

POLICY EXP

MMIDDIYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 000,000

CLAIMS - MADE OCCUR
DAMAGE TO RENTFIT_
PREMISES Ea occurrence $ 50,000
MED EXP (Any one person) $ 5,000
PERSONAL& ADV INJURY S 1, 000, 000 A Y PC443115 10/26/2022 10/ 26/2023 GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2. 000, 000 POLICY
PROLOC PRODUCTS - COMPIOP AGG $ 1, 000,000
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea aocident)
ANYAUTO BODILY INJURY ( Per person) $

OWNED SCHEDULED

AUTOS ONLY AUTOS
BODILY INJURY ( Per accident) $
PROPERTY DAMAGE $
Per acadenl

HIRED NON - OWNED

AUTOS ONLY AUTOS ONLY
S

UMBRELLALIAB OCCUR EACH OCCURRENCE S
AGGREGATE $ EXCESS LIAB

CLAIMS - MADE
DED I I RETENTIONS r $

WORKERS COMPENSATION PER

EMPLOYERS' LIABILITY Y I N

STATUTE EORER
ANY PROPRIETOR1PARTNERIEXECUTIVE E. L. EACH ACCIDENT 5
OFFiCERIMEMSER EXCLUDED? NIA
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES ( ACORD 101. Additional Remarks Schedule, may be attached if mare space is required) City of Lake Elsinore is named as Additional insured as required by written contract.

CERTIFICATE HOLDER CANCELLATION
@ 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore
ACCORDANCE WITH THE POLICY PROVISIONS.
130 South Main Street

AUTHORIZED REPRESENTATIVE
Lake Elsinore CA 92530__
@ 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 Preferred Contractors Insurance Company. RRCs
THIS ENDORSEMENT CHANGES T1IE POLICY. PLEASE READ IT CAREFULLY.

PREFERRED CONTRACTORS INSURANCE COMPANY

RISK RETENTION GROUP, LLC

COMMERCIAL GENERAL LIABILITY POLICY
ADDITIONAL INSU RED• OWNERS, LESSEES OR CONTRACTORS

SCHEDULED PERSON OR ORGANIZATION ONGOING OPERATIONS ONLY This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

Name of Additional Insured:

As required by a legally enforceable written agreement entered into prior to commencement of the Named Insured' s work.

Designated Project/ Location to which this endorsement applies:

All Projects and Locations
If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. Section III - Who is An Insured is amended to include as an additional insured the person( s) or organization( s) shown in the Schedule, but only with respect to liability for "bodily injury", " property damage" or " personal and advertising injury" caused, in whale or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf in tate performance of your ongoing operations performed during the policy period for the additional insured( s) at the location( s) designated above.

B. This insurance does not apply to " bodily injury" or " property damage" that takes place after, and the Additional Insured' s status as an additional insured hereunder terminates, upon the earlier of:

1. All work, including materials, parts or equipment furnished by the Named Insured in connection with such work, on tate project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed:
or

2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor engaged in performing operations for a principal as part of the same project.

Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all endorsements, including the Insuring Agreement.

The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured is held liable for the negligence or strict liabilitylconductlacts of the Named Insured_ No coverage is provided for liability based upon the acts, errors or omissions of the Additional Insured.

Except as set forth above, all ofthe terms, conditions and exclusions of this policy apply and remain in effect.

Policy No.: PC443115
Date: 10/ 26/ 2022
Time: 12: 01 a. m.

Preferred Contractors Insurance Company
Risk Retention Group, LLC
27 North 27th Street, Suite 1900
Billings, Mpya $ 9101
By'= !
ut} z£ zed Representative
PCIC AEE ONO 00 01 0318 Page 1 of 1
DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02

PACIFIC PROPERTY AND CASUALTY COMPANY
r rF
1949 E. SUNSHINE POLICY NUMBER THIS FAMILY AUTOMOBILE RENEWAL DECLARATION REPLACES SPRINGFIELD, MISSOURI 65899- 0001 044- 00581- 0- 9 ALL PRIOR DECLARATIONS, IF ANY, AND WITH POLICY 417) 887. 0220 POLICY TERM PROVISIONS AND ANY ENDORSEMENTS ISSUED TO FORM A PART wwwAmericanNabonal. 00m
10- 16- 2022 TO 04- 16- 2023 THEREOF COMPLETES THIS POLICY.

AND SUBSEQUENT RENEWALS.

NAMED INSURED AND ADDRESS

SMALL- ENDRESEN, JESSICA &

ENDRESEN, JOSHUA J
15301 ALVARADO ST
LAKE ELSINORE CA 92530- 6963
AGENT: D5195 - P 1- RX7
RATING ADDRESS: BILLY MCDOUGALL FOR CUSTOMER SERVICE:
15301 ALVARADO ST 32174 CALA TORRENTE 951- 302- 9429
LAKE ELSINORE CA 92530- 6963 TEMECULA CA 92592- 3649

DESCRIPTION OF INSURED PROPERTY
RATED

VEH DR DESCRIPTION ID NUMBER TYPE
1 0 2004 CHE TAHOE LS 4D 4 1GNEK13T74R293500 AUTO
2 0 2016 RAM 5500 CREW CC 3C7WRMFL4GG363631 PICKUP
3 1 2014 AU Q7 4D QUATTRO WA1 WMAFE6ED018696 AUTO
4 2 2021 RAM 2500 CREW CAB 3C6UR5DL5MG515528 PICKUP

RATING INFORMATION, COVERAGES, PREMIUMS, AND LIMITS OF LIABILITY INSURANCE IS PROVIDED ONLY WITH RESPECT TO TN OSE OF THE FOLLOMI NG COVERAGES WHICH ARE INDICATED BY A SPECIRC LIMIT OF UA& LITY ANMR PREMUM APPLICABLE THERETO.

VEHICLE 04 CHE TAHOE LS 4D 16 RAM 5500 CREW C 14 AUD Q7 4D QUATT 21 RAM 2500 CREW C

EXPIRING POLICY VERIFICATION VERIFIED VERIFIED VERIFIED VERIFIED EXPIRING POLICY ANNUAL MILEAGE 2. 157 13, 836 29, 987 15, 337

CURRENT POLICY VERIFICATION VERIFIED VERIFIED VERIFIED VERIFIED CURRENT POLICY ANNUAL MILEAGE 2. 157 13, 836 29, 987 23, 866 BODILY INJURY LIABILITY 88. 00 126. 00 136. 00 411. 00
LIMIT PER PERSONIOCCURRENCE 250. 0001500. 000 250. 0001500. 000 250. 0001500. 000 250. 0001500. 000 PROPERTY DAMAGE LIABILITY 80. 00 91. 00 100. 00 320. 00 LIMIT PER OCCURRENCE 100. 000 100. 000 100. 000 100. 000 UNINSURED & UNDERINSURED MOTORIST $ 44. 00 63.00 56.00 103. 00 LIMIT PER PERSONIACCIDENT 250. 0001500. 000 250. 0001500. 000 250. 0001500. 000 250. 0001500. 000

UNINSURED PROPERTY DAMAGE INCLUDED INCLUDED INCLUDED INCLUDED LIMIT PER ACCIDENT 3, 500 3, 500 3, 500 3, 500
COMPREHENSIVE 24. 00 99. 00 79. 00 105. 00
DEDUCTIBLE 500 500 500 500

ADDED COVERAGE ENDORSEMENT NO NO NO NO
LIMIT OF CUSTOMIZED EQUIPMENT 2, 000 9, 999 2, 000 2, 000 COLLISION 50. 00 371. 00 256. 00 394. 00
DEDUCTIBLE 1. 000 1. 000 1. 000 1. 000

ADDED COVERAGE ENDORSEMENT NO NO NO NO
LIMIT OF CUSTOMIZED EQUIPMENT 2, 000 9, 999 2, 000 2, 000

REIMBURSEMENT OF RENTAL EXPENSE INCLUDED INCLUDED INCLUDED INCLUDED LIMIT PER DAY/ AGGREGATE 251750 251750 251750 251750
TOTAL 286. 00' 750. 00 627. 00' 51. 333.00
THIS PREMIUM REFLECTS A 30% CALIFORNIA GOOD DRIVER DISCOUNT.

IMPORTANT NOTICE: THIS POLICY REDUCES THE APPLICABLE LIMITS FOR BODILY INJURY LIABILITY, PROPERTY DAMAGE LIABILITY,

UNINSURED AND UNDERINSURED MOTORIST COVERAGES SHOWN ON THIS DECLARATIONS PAGE TO THE LEGALLY REQUIRED MINIMUM

FINANCIAL RESPONSIBILITY LIMITS IN THE STATE WHEN AN INSURED VEHICLE IS OPERATED BY ANYONE OTHER THAN YOU, OR A RELATIVE, OR A PERSON LISTED ON THE DECLARATIONS AS AN OPERATOR.

VEHICLES ENDORSEMENTS TAXIFEE TOTAL PREMIUM

BILLY MCDOUGALL
TOTAL

AUTHORIZED REPRESENTATIVE
PREMIUMS $ 2. 996. 00 $ 0. 00 $ 0. 00 $ 2, 996. 00
DATE 09- 09- 2022 THIS IS NOT A BILL. SEE DECLARATION SECTION II FOR ADDITIONAL INFORMATION

PRINTED

SEE REVERSE SIDE FOR IMPORTANT INFORMATION
SM - 484 [ 1- 06]
DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02

IMPORTANT INFORMATION ON HOW TO REPORT A CLAIM

BUCKLE UP AND DRIVE DEFENSIVELY
One in five drivers will have an accident this year. We hope it is not you. However, if it happens, remember to get the following information from the other driver:

1. Vehicle Owner' s Name, Address, and Telephone Numbers

2. Make and Model of Vehicle

3. Car License Plate Number

4. Driver' s Name ( if other than owner), Address, and Telephone Numbers

5. Driver' s License Number

5. Insurance Company Name and Policy Number

7. Owner' s and Driver' s Place of Employment

8. Promptly File State Safety Responsibility Forms
REMEMBER TO REPORT YOUR CLAIM TO PACIFIC IMMEDIATELY ( TOLL FREE) 1- 800- 333- 2860 R
DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 04- V- 0058LO- 9 SMALL- ENDRESEN, JESSICA & 10- 16- 2022 DECLARATIONS, SECTION II PAGE 1 POLICY TERM: 10- 16- 2022 TO 04- 16- 2023 VEH. DR.# RATING INFORMATION
1 0 ANNUAL MILEAGE 15 LESS THAN 2. 500. MILEAGE IS VERIFIED 2 0 ANNUAL MILEAGE IS 13. 000 TO 13. 999. MILEAGE IS VERIFIED 3 1
DRIVER HAS 28 YEARS DRIVING EXPERIENCE. ANNUAL MILEAGE IS 20. 000 OR GREATER. MILEAGE 15 VERIFIED. WORK USE 10+ MILES
4 2
DRIVER HAS 28 YEARS DRIVING EXPERIENCE, ANNUAL MILEAGE IS 20. 000 OR GREATER. MILEAGE IS VERIFIED. BUSINESS USE
VEH. DR.# OPERATOR INFORMATION ACCDTICONV
3 1 PRINCIPAL MAR SMALL- ENDRESEN JESSICA 0 0
4 2 PRINCIPAL MAR ENDRESEN JOSHUA J 1 1
VEH. POLICY DISCOUNTS
1 GOOD DRVR: AUTO - HOME: THREE LINE: MULTI - CAR: RENEWAL 2 GOOD DRVR: AUTO - HOME: THREE LINE: MULTI - CAR: RENEWAL 3 GOOD DRVR: AUTO - HOME: THREE LINE: MULTI - CAR: RENEWAL 4 AUTO - HOME: THREE LINE: MULTI - CAR: RENEWAL
VEH. THIS POLICY IS SUBJECT TO THE FOLLOWING FORMS AND ENDORSEMENTS

1. 2. 3. 4 FV2476 10- 15 CUSTOMIZED EQUIPMENT
POL FV405CA 04- 20 CALIFORNIA AUTO POLICY
4 FV768 01- 08 ADDL INT END INTERESTED PARTY
POL # SA3004C 04- 20 LIMITED DELIVERY ENDORSEMENT
LOSS PAYEE{ S] IADDITIONAL INTEREST( S)
VEHICLE: 4 VEHICLE: 4 VEHICLE: 4

CITY OF LAKE ELSINORE CHRYSLER CAPITAL ALLY FINANCIAL
130 S MAIN ST PO BOX 3610 PO BOX 380901
LAKE ELSINORE CA 92530- 4109 Carmel IN 46082- 3610 Bloomington MN 55438- 0901

INTERESTED PARTY LOSS PAYEE LOSS PAYEE
0024887773

IMPORTANT POLICY INFORMATION
NM158 0618 # FA007 0420 # IV913 0219 # IA292 0219 # FM159 0215 # NM227 0621 # UM55 0120 DocuSign Envelope ID: 052A75D2- CE4A- 4142- BFB4- 47A93550EA02 AcaR" r

CERTIFICATE OF LIABILITY INSURANCE
DATE ( MMrDDrrrrr) 1 02/ 28/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( jes) 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 ri ghts to the certificate holder in lieu of such endorsements .

PRODUCER

CONTACT
NAME:

Levoy & Associates Insurance Agency PHONEAMC No. ExU, ( 916) 652- 2705 FAX Na PO Box 30 A ESSS: david@levoyins. eom
INSURER( S) AFFORDING COVERAGE MAIC 0
OTHER
Loomis CA 95650 INSURER A. PREFERRED PROFESSIONAL INS CO 36234 INSURED INSURER 6
Endresen Development INSURER C : Inc.
15301 Alvarado St INSURER D:

INSURER E:

Lake Elsinore CA 92530 INSURER F!
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

IHSRR

TYPE OF INSURANCE

ADOL SUBR

POLICY NUMBER

POLICY EFF POLICY EXP
LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S

DAMAGE TO RENTED
I CLAIMS - MADE OCCUR PREMISES ! Ea oodttrartoel S
I MED ERP ( AM ons MMM) 15 1
DESCRIPTION OF OPERATIONS I LOCATIONS? VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if MOFe space is Fequired)

CERTIFICATE HOLDER CANCELLATION
Proof of Insurance"
ACORD 25 ( 2016103)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
LGEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S
P11Y
F7 PRO. r7
LOC PRODUCTS- COA1P1pPAGG S

S OTHER
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea a n!
ANY AUTO BODILY INJURY ( Par pwum) S

OWNED SCHEDULED

AUTOS ONLYAUTOS
BODILY INJURY ( Parawlt W) S

HIRED NON - OWNED

AUTOS ONLY NAUTOS ONLY

PROPERTY DAMAGE S
S

UMBRELLA LUIS OCCUR EACH OCCURRENCE S
EXCESS LIABH CAMs -MA AGGREGATE $

DED RETENTION S S

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
A
ANY XCCLUD D?
TNEREXEcvTIVE YlJ
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NIA ON12487- 01 03/ 06/ 2022 031D6/ 2023
X PEAR OT" - ER
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E. L. DISEASE - EA EMPLOYE S 1
be under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT S 1 DESCRIPTION OF OPERATIONS I LOCATIONS? VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if MOFe space is Fequired)

CERTIFICATE HOLDER CANCELLATION
Proof of Insurance"
ACORD 25 ( 2016103)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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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: ENDRESEN DEVELOPMENT, INC
Business Location: 15301 ALVARADO ST
LAKE ELSINORE, CA 92530- 6963
Owner Name(s): JOSH ENDRESEN

ENDRESEN DEVELOPMENT, INC

ENDRESEN DEVELOPMENT/ JOSH ENDRESEN
15301 ALVARADO ST
LAKE ELSINORE, CA 92530- 6963

CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH ( 951) 674- 3124
BUSINESS LICENSE NO. 020309
Business Type: GENERAL BUILDING CONTRACTOR
Description: GENERAL CONTRACTOR
Issue Date: 10/ 1/ 2022 Expiration Date: 9/ 30/ 2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
Cotter Construction Inc.

ON-CALL SERVICES
This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of 1/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and Cotter Construction Inc., a (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (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 and fifty thousand dollars and no cents ($250,000.00).

C. The Original Agreement had a term of one year with three one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2024.

D. The parties now desire to amend the agreement 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 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor’s compensation related to Exhibit A-1 to Amendment No. 1 exceed two hundred fifty thousand dollars and no cents ($250,000.00) without additional written authorization from the City Council. Annual compensation during each renewal term, if any, shall not exceed five hundred thousand Dollars ($500,000.00).

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

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. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Cotter Construction Inc.

City Manager
Date:

Andre Cotter, Owner
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]

AGREEMENT FOR CONTRACTOR SERVICES
Cotter Construction Inc.

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation (the "City") and Cotter Construction Inc., a Licensed Contractor (the "Contractor").

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

On-call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 8, 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 performsuch 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: 6102C73A- 61EE-4237-88E7-6005B6565EBB c. Term and Compliance with Task/ Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 24, 2023 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 for two hundred fifty thousand dollars and no cents ($ 250,000.00) 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: 6102C73A- 61EE-4237-88E7-6005B6565EBB 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 inconnection 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: 6102C73A- 61EE-4237-88E7-6005B6565EBB 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. Indepe ndent 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: 6102C73A- 61EE-4237-88E7-6005B6565EBB 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 toany 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: 6102C73A- 61EE-4237-88E7-6005B6565EBB

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 and Employer' 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 ofthe 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' Compensat ion, 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: 6102C73A- 61EE-4237-88E7-6005B6565EBB 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:

With a copy to:

If to Contractor:

City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
Cotter Construction Inc.

Attn: Andrew Cotter
29903 Gulf Stream Dr
Canyon Lake, CA 92587- 7468

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB

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 ofthose 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 ofthis 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: 6102C73A- 61EE-4237-88E7-6005B6565EBB 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 otherwisetake 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"
Cotter Construction Inc., a

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
Attachments: Exhibit A - Contractor' s Proposal
By:

Its:

Andrew Cotter
Owner

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB

FROM THE DESK OF

COTTER CONSTRUGTION
rNc
August 15, 2022
City of Lake Elsinore
To whom it may concern,
I, Andrew Cotter am the President of Cotter Construction and am authorized to negotiate on Cotter Construction lnc behalf. This letter is indefinitely binding towards that.

I have a General Engineering A license and a C-B concrete. This work is my exact area of expertise and no sub contractor will be needed. All hardscape and landscape is area of expertise for cotter construction.
cotter Construction is a corporation with Andrew Cotter as President. The location of the principle offices are located in Canyon Lake CA.

Cotter Construction has approx 8 full time employees split into 2 crews of 4. We have the reach of approx 30 masons at one time.
ljust recently completed a county funded proiect for city of canyon lake for ADA compliance for a public building. This included the walkway around the entire building being removed and replaced. City contact at city of canyon lake is Mike Borja for reference. Along with public proiect I work in the private sector doing concrete removal and all aspects of hardscape approx 80-1OO yards of concrete per week for approx 5 years as a business owner,
I also iust completed an ADA compliant walk path for the city of lake elsinore at the launch point. lt included a designed walk path by our offices to meet ADA Spec. This included shot Crete for slope retention and handrails.

Subcontractors are used when the needed for a specialty piece of equipment or expertise. lt is not often that subcontractors are used but when they are needed they are vetted and researched to provide the same quality of work that cotter construction demands and delivers.

DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB The attached cost proposalsheet is for a minimum of 10OO square feet of flatwork concrete placement. Does not include demo or grading and there are many factors that affect the total price of concrete related work.

I thoroughly enjoy working for the city of Lake Elsinore and look forward to the opportunity of providing service to the City.

Respectfully,
Andrew Cotter

ANDREW COTTER
29903 GULF STREAI{ DR. CANYON LAKE CA 92587 951- 833- 7842 DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB Attachment' A"
Cost Proposal Sheet - General Maintenance Services
Please provide the fee quotes as follows ( lnclude a schedule of rates by classification hourly rates):
ln the column labeled " Bidder Notes" mark each maintenance area beginning with 1 to 11 (1=most preferred area, 11= least prefened area). Please attach additional pages tf necessary.

GENERAL MAINTENANCE SERVICES WAGE RATES
Constructlon
Malntenance
Area
Normal Buslness Hours
Rata
Emelgency and Afur
l{ours Rate Unlt of
teasurc
Hourly,
Yz. Hout
Etc----l
Subcontractor
Servlcos
YesI No
Bldder Notes
Non- Attached if Needed)
Prcvalllng
Waoe Rate
Prevalllng
Weoa Rate
NonPrevaillng
Waoe Rate
Prevalllng
Waoe Rah
CarpenW i. i{.t}^ilrr WV oV1 &^ d,N 5 ob
Finish Wood
Workino
Plumbing
Electrical
Concrete and
Masonrv $$;' p"P b r5/r r+ fittlp{ fl>}*g,r
5$neti,,, e5
HVAC
Paintinq
Sheet Metal
DryWall
Roofing
lnigation
Ranair t[rx-.f,",r\A O \A ? o-tIA ..O1n
MaterialMarkup: "- O % ( percent)
Normal Business Hours: 7:30 a.m. to 5:30 p.m. ( Monday - Friday) Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. Weekends and Holidays) PageT
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB

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- MAILADDRESS:

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

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/DD/YYYY) LIMITS( POLICY EXP(

MM/DD/YYYY) NUMBERTYPEEFFPOLICY POLICY INSURANCELTRINSR OF 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

HIREDAUTOS ONLY
01/27/2023
Edinger Insurance Services
31600 Railroad Canyon Road Suite H
Canyon Lake CA 92587
Eric Davis
951) 244-8760 ( 951) 244-8768
ericd@edingerins. com
Andrew Cotter
DBA: Cotter Construction
29903 GULF STREAM DR
Canyon Lake CA 92587
CNA Insurance Company
Clear Spring Property and Casualty Company
Infinity Select Insurance Company 20260
A
DED: $1,500
Y C6979907651 02/19/2022 02/19/2023
1,000,000.00
100,000.00
5,000.00
1,000,000.00
2,000,000.00
2,000,000.00
C 504610168494001 01/24/2023 01/24/2024
750,000.00
B Y Y CWC00326001 11/29/2022 11/29/2023
1,000,000.00
1,000,000.00
1,000,000.00
City of Lake Elsinore, is named as additional insured
City of Lake Elsinore
130 S Main St
Lake Elsinore CA 92530
DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
29903 GULF STREAM DR Business Type:

CANYON LAKE , CA 92587

COTTER CONSTRUCTION INC
29903 GULF STREAM DR
CANYON LAKE , CA 92587
This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat 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

COTTER CONSTRUCTION INC

COTTER CONSTRUCTION INC

GENERAL ENGINEERING CONTRACTOR
026956
6/23/2022 6/30/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ DocuSign Envelope ID: 6102C73A- 61EE-4237-88E7-6005B6565EBB AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTOR SERVICES
B&B Nurseries Inc. (dba Landscape Center)

ON-CALL SERVICES
This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of 1/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and B&B Nurseries Inc. (dba Landscape Center), a (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (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 and fifty thousand dollars and no cents ($250,000.00).

C. The Original Agreement had a term of one year with three one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2024.

D. The parties now desire to amend the agreement 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 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Contractor’s compensation related to Exhibit A-1 to Amendment No. 1 exceed seventy fifty thousand dollars and no cents ($75,000.00) without additional written authorization from the City Council. Annual compensation during each renewal term, if any, shall not exceed three hundred twentyfive thousand Dollars ($325,000.00).

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

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. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
B&B Nurseries Inc. (dba Landscape Center).

City Manager
Date:

Mark Barrett, 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]
B & B NURSERIES, INC. DBA THE LANDSCAPE CENTER 01/02/2024 Attachment “A-1”
Cost Proposal Sheet – General Maintenance Services
Please provide the fee quotes as follows (Include a schedule of rates by classification hourly rates):

In the column labeled “Bidder Notes” mark each maintenance area beginning with 1 to 11 (1=most preferred area, 11= least preferred area). Please attach additional pages if necessary.

GENERAL MAINTENANCE SERVICES WAGE RATES
*Normal Business Hours
Rate
**Emergency and After
Construction Hours Rate
&
Maintenance
Area
NonPrevailing
Wage Rate
Prevailing
Wage Rate
NonPrevailing
Wage Rate
Prevailing
Wage Rate
Unit of
Measure
(Hourly,
½ Hour
Etc…)
Subcontractor
Services
Yes / No
Bidder Notes
(Attached if Needed)
Maintenance
65 90.00 97.50 135.00 Hourly No 1
Landscape
95 118.86 142.50 155.15 Hourly No 1
Irrigation
Repair
75 95.00 112.50 150.00 Hourly No 1
Material Markup: _____25_____ % (percent)
*Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday – Friday) **Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays) DocuSign Envelope ID: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D

AGREEMENT FOR CONTRACTOR SERVICES
The Landscape Center

ON- CALL SERVICES
This Agreement for Contractor Services ( On -Call) ( the " Agreement") is made and entered into as of January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation ( the " City") and The Landscape Center., a Licensed Contractor ( the " Contractor").

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

On- call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 8, 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
I . 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: 9838906A- 0038- 41 F6 -8D00 - 2E462682631 D C. Term and Compliance with TaskfVVork Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 24, 2023 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 for two hundred fifty thousand dollars and no cents ($ 250, 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 ( 1 0) 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: 9838906A- 0036- 41 F6 -8D00 - 2E462682631 D 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 Propertx. 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 otherthan 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