Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.
7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's solerisk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period
required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance andEmployer's Liability Insurance for his/her employees inaccordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,
its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Azteca Cleaning Services, LLC.
Attn: Oscar Cornejo
24740 Jefferson Ave. #303
Murrieta, CA 92562
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend,
indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force andeffect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Azteca Cleaning Services, LLC., a Limited
Liability Corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Oscar Cornejo
Its: Chief Executive Officer
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
Azteca Cleaning Services
Crea%ng a cleaner, safer, and happier environment
Cleaning Proposal
PREPARED BY:
Oscar Rodriguez Cornejo
CEO
Azteca Cleaning Services
(951) 635-7263, (951) 228-6144
[email protected]
PREPARED FOR:
The City of Lake Elsinore
Anchor Facility
Proposal Date: 06/14/2025
Docusign Envelope ID: E07DA8A0-E25F-4F0D-8853-C5BEED6C9E57 Azteca Cleaning Services Page 2
Execu2ve Summary
Azteca Cleaning Services will use advanced cleaning techniques and industry-leading equipment to provide thorough and customized cleaning solu%ons for The City of Lake Elsinore at the Anchor Facility. Our services are designed to enhance cleanliness and hygiene with a focus on customer sa%sfac%on, all at compe%%ve rates.
Company Overview
About Us
Azteca Cleaning Services is a dedicated and experienced company proud to present this proposal. We appreciate the opportunity to con%nue our working rela%onship and demonstrate our ongoing commitment to excellence and professionalism. With over twenty years in the cleaning and sani%za%on industry, our experience spans a range of environments—from small residen%al proper%es to large-scale commercial facili%es, both privately and publicly owned.
Our services are structured around four founda%onal pillars, each designed to meet the diverse hygiene and maintenance needs of modern facili%es:
Cleaning: This founda%onal process involves the physical removal of soils such as dust, debris, and organic maGer from surfaces using water and detergent or soap-based products. While cleaning does not inherently eliminate all pathogens, it significantly reduces their numbers and helps prevent the spread of infec%ous agents by removing the organic load in which they thrive.
Disinfec8ng: Disinfec%on is the targeted use of EPA-registered chemical agents to eliminate pathogenic microorganisms on pre-cleaned surfaces. This process is essen%al for interrup%ng the transmission of viruses and bacteria. Op%mal effec%veness is achieved when the disinfectant is applied according to its labeled dwell %me and surface compa%bility requirements.
Sani8zing: Sani%za%on serves to reduce the number of microorganisms on surfaces to levels considered safe by public health authori%es. This method may combine elements of both cleaning and disinfec%ng and is typically applied in environments where health codes require microbial control, such as food service areas, childcare facili%es, and restrooms.
Docusign Envelope ID: E07DA8A0-E25F-4F0D-8853-C5BEED6C9E57 Azteca Cleaning Services Page 3
Surface Recondi8oning: Our specialized surface care team restores and preserves a wide range of materials, including natural and engineered stone, resilient flooring, hardwood, tex%les, and upholstery. These restora%ve procedures not only enhance aesthe%c appeal but also reinforce surface integrity, extend lifespan, and reduce longterm replacement costs through targeted maintenance solu%ons.
Mission and Vision
Our mission is to deliver top-quality cleaning services tailored to our clients' needs. Our vision is to be the leading cleaning service provider known for our quality, reliability, and outstanding customer service.
Services Offered
Azteca Cleaning Services can provide upon request all four levels of cleaning for the items listed below:
Services
Janitorial Day Por%ng
Deep Cleaning Electrosta%c Sani%za%on
Window Cleaning Strip and Wax
Carpet Cleaning Buffing and Burnishing
Post Construc%on Cleaning Move Out/ Turnover Cleaning
Grout Cleaning Terminal Cleaning
Pet Odor Elimina%on Upholstery Cleaning
Floor Recondi%oning Appliance Surface Recondi%oning
We are grateful for the con%nued opportunity to work with The City of Lake Elsinore at the Anchor Facility. Our focus remains on delivering high-quality service, excellent communica%on, and aGen%on to detail. We value the strong rela%onship built over the years and are commiGed to maintaining the trust and reliability that define our partnership.
Azteca Cleaning Services will perform all listed services in a detailed and effec%ve manner. We accommodate client work schedules, including holidays, and offer the flexibility to meet short-no%ce requests. Our infrastructure allows us to respond to demanding service needs promptly and professionally.
For inquiries regarding this proposal, please contact: Oscar Rodriguez Cornejo Email:
[email protected] Phone: (951) 228-6144 Docusign Envelope ID: E07DA8A0-E25F-4F0D-8853-C5BEED6C9E57 Azteca Cleaning Services Page 4
High Touch vs. Low Touch Areas
High Touch Low Touch
Door Handles and Knobs Walls
Light Switches Ceilings
Countertops Windows
Desktops Blinds
Keyboards/Mouse Baseboards
Phones Plants
Shared Equipment Decora%ve Items
Restroom fixtures Furniture
Kitchen Appliances Light Fixtures
Floors Trash Cans
Proposed Cleaning Plans for Anchor Facility
Service Schedule and Charges
Rooms/Units
Once weekly per room/unit standard cleaning $250
Twice weekly per room/unit standard cleaning $200
Deep Cleaning with/without appliances per room/unit $350/$450 All Surface Deep Cleaning, Disinfec%ng, and Sani%za%on per room/unit
$750
Janitorial Service
Common Areas $1,890/mo
Janitorial Service Details
As part of the scheduled weekly janitorial service, Azteca Cleaning Services will perform a comprehensive deep cleaning and sani%za%on of all designated Common Areas. These include the front office, chapel, music room, kitchen, and the pool restrooms and shower area.
Docusign Envelope ID: E07DA8A0-E25F-4F0D-8853-C5BEED6C9E57 Azteca Cleaning Services Page 5
This service will include:
• Thorough cleaning and disinfec%on of desks, chairs, tables, restroom fixtures, and appliances
• Trash removal and liner replacement throughout the common areas • Sani%zing and disinfec%ng of high-touch points such as door handles, light switches, handrails, and appliance handles
• Dus%ng of all accessible surfaces
• Vacuuming of carpeted areas and mopping of hard floor surfaces using commercial-grade disinfectants
This rou%ne is designed to uphold a clean, safe, and hygienic environment, with a par%cular focus on high-traffic and shared-use spaces.
Our deep cleaning service remains one of the most comprehensive and effec%ve solu%ons in the industry, me%culously designed to eliminate the toughest contaminants and soils. This service includes the use of EPA-approved an%microbial sani%zers that meet the latest CDC guidelines for comba%ng SARS-CoV-2, the virus responsible for COVID-19. While rou%ne cleaning with soap and water is now considered sufficient for most situa%ons, disinfec%on is s%ll recommended if there has been a suspected or confirmed COVID-19 case in the facility within the past 24 hours.
Our deep cleaning and sani%za%on services encompass, but are not limited to, the following elements:
• Complete deep cleaning and sani%zing using an%microbial agents approved by the EPA.
• Removal and cleaning behind and underneath all furniture and items in the room, including cabinets, closets, appliances, and baseboards. • Thorough cleaning of all appliances both inside and out, including kitchen cabinets, racks, and shelves.
• Cleaning of all interior walls, doors, and fixtures.
Docusign Envelope ID: E07DA8A0-E25F-4F0D-8853-C5BEED6C9E57 Azteca Cleaning Services Page 6
• Sani%zing kitchen sinks, counters, bathroom tubs, sinks, toilets, and mirrors with hospital-grade disinfectants to effec%vely eliminate bacteria and viruses. • Interior and exterior window cleaning, including blinds and windowsills. • Cleaning and trea%ng air condi%oning vents and openings. • Specialized treatments for the elimina%on of pet urine odors. • Hot or cold extrac%on cleaning processes combined with EPA-registered, hospitalgrade sani%zers.
Quality Assurance
Our Commitment
Maintaining the highest standards of quality through regular inspec%ons and client feedback.
Training and Equipment
Staff trained in the latest cleaning techniques using state-of-the-art equipment and ecofriendly products.
Service Level Agreement
Azteca Cleaning Services L.L.C. is commiGed to performing our services at the highest standards and exceeding client expecta%ons. We pledge to use industry-leading techniques and products, ensuring thorough and effec%ve cleaning for every client.
Contact Informa2on
For further inquiries or to accept the proposal, please contact:
- Email: [email protected]
- Office Phone: (951) 635-7263
- Cell Phone: (951) 228-6144
Docusign Envelope ID: E07DA8A0-E25F-4F0D-8853-C5BEED6C9E57 Azteca Cleaning Services Page 7
Conclusion
Thank you for the con%nued opportunity to work with The City of Lake Elsinore at the Anchor Facility. We remain commiGed to delivering dependable, high-quality cleaning services that align with your expecta%ons and the evolving needs of the facility.
Any other areas of cleaning not addressed herein would be separately proposed.
Oscar Rodriguez Cornejo
CEO
Azteca Cleaning Services LLC
Docusign Envelope ID: E07DA8A0-E25F-4F0D-8853-C5BEED6C9E57 Azteca Cleaning Services
Crea%ng a cleaner, safer, and happier environment
Cleaning Proposal
PREPARED BY:
Oscar Rodriguez Cornejo
CEO
Azteca Cleaning Services
(951) 635-7263, (951) 228-6144
[email protected]
PREPARED FOR:
Beau Davis
Manager
Launch Pointe RecreaJon DesJnaJon & RV Park
Proposal Date: 06/14/2025
Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B Azteca Cleaning Services Page 2
Execu2ve Summary
Azteca Cleaning Services will use advanced cleaning techniques and industry-leading equipment to provide thorough and customized cleaning solu%ons for Launch Pointe Recrea/on Des/na/on & RV Park. Our services are designed to enhance cleanliness and hygiene with a focus on customer sa%sfac%on, all at compe%%ve rates.
Company Overview
About Us
Azteca Cleaning Services is a dedicated and experienced company proud to present this proposal. We appreciate the opportunity to con%nue our working rela%onship and demonstrate our ongoing commitment to excellence and professionalism. With over twenty years in the cleaning and sani%za%on industry, our experience spans a range of environments—from small residen%al proper%es to large-scale commercial facili%es, both privately and publicly owned.
Our services are structured around four founda%onal pillars, each designed to meet the diverse hygiene and maintenance needs of modern facili%es:
Cleaning: This founda%onal process involves the physical removal of soils such as dust, debris, and organic maGer from surfaces using water and detergent or soap-based products. While cleaning does not inherently eliminate all pathogens, it significantly reduces their numbers and helps prevent the spread of infec%ous agents by removing the organic load in which they thrive.
Disinfec/ng: Disinfec%on is the targeted use of EPA-registered chemical agents to eliminate pathogenic microorganisms on pre-cleaned surfaces. This process is essen%al for interrup%ng the transmission of viruses and bacteria. Op%mal effec%veness is achieved when the disinfectant is applied according to its labeled dwell %me and surface compa%bility requirements.
Sani/zing: Sani%za%on serves to reduce the number of microorganisms on surfaces to levels considered safe by public health authori%es. This method may combine elements of both cleaning and disinfec%ng and is typically applied in environments where health codes require microbial control, such as food service areas, childcare facili%es, and restrooms.
Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B Azteca Cleaning Services Page 3
Surface Recondi/oning: Our specialized surface care team restores and preserves a wide range of materials, including natural and engineered stone, resilient flooring, hardwood, tex%les, and upholstery. These restora%ve procedures not only enhance aesthe%c appeal but also reinforce surface integrity, extend lifespan, and reduce longterm replacement costs through targeted maintenance solu%ons.
Mission and Vision
Our mission is to deliver top-quality cleaning services tailored to our clients' needs. Our vision is to be the leading cleaning service provider known for our quality, reliability, and outstanding customer service.
Services Offered
Azteca Cleaning Services can provide upon request all four levels of cleaning for the items listed below:
Services
Janitorial Day Por%ng
Deep Cleaning Electrosta%c Sani%za%on
Window Cleaning Strip and Wax
Carpet Cleaning Buffing and Burnishing
Post Construc%on Cleaning Move Out/ Turnover Cleaning
Grout Cleaning Terminal Cleaning
Pet Odor Elimina%on Upholstery Cleaning
Floor Recondi%oning Appliance Surface Recondi%oning
We are grateful for the con%nued opportunity to work with Launch Pointe. Our focus remains on delivering high-quality service, excellent communica%on, and aGen%on to detail. We value the strong rela%onship built over the years and are commiGed to maintaining the trust and reliability that define our partnership.
Azteca Cleaning Services will perform all listed services in a detailed and effec%ve manner. We accommodate client work schedules, including holidays, and offer the flexibility to meet short-no%ce requests. Our infrastructure allows us to respond to demanding service needs promptly and professionally.
For inquiries regarding this proposal, please contact: Oscar Rodriguez Cornejo Email:
[email protected] Phone: (951) 228-6144 Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B Azteca Cleaning Services Page 4
High Touch vs. Low Touch Areas
High Touch Low Touch
Door Handles and Knobs Walls
Light Switches Ceilings
Countertops Windows
Desktops Blinds
Keyboards/Mouse Baseboards
Phones Plants
Shared Equipment Decora%ve Items
Restroom fixtures Furniture
Kitchen Appliances Light Fixtures
Floors Trash Cans
Proposed Cleaning Plans for Launch Pointe Recrea2on
Des2na2on & RV Park
Service Schedule and Charges
Community Hall
Deep Cleaning and Sani%zing En%re Hall $260
Deep Cleaning, Disinfec%ng and Sani%zing of Restrooms Only $50 Per Restroom Deep Cleaning, Disinfec%ng and Sani%zing of Kitchen Only $160 Deep Cleaning Without Appliances of Kitchen Only $100
High Dus%ng En%re Hall Only $130
Window Cleaning all windows inside and out $600
Grout Cleaning the Kitchen Floor $425
Linen Laundering Services
One 8hr shii a week (10 months) $400/day, $1,740/mo, and $17,400/10 months
Two 8hr shiis a week (2 months) $400/day, $3,480/mo, and $6,960/2 months
Total Annual Cost $24,360
Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B Azteca Cleaning Services Page 5
Trailers
Cleaning, Disinfec%ng and Sani%zing $70 ea
Quarterly Deep Cleaning, Disinfec%ng and Sani%zing $140 ea Yurts
Cleaning, Disinfec%ng and Sani%zing $70 ea
Quarterly Deep Cleaning, Disinfec%ng and Sani%zing $140 ea Upholstery
Sofa/Couch with pillows $90 ea
Quarterly Deep Cleaning, Disinfec%ng and Sani%zing $70 ea Couch Pillows $10 ea
Day Por=ng
12hr shii (6:00 AM – 6:00 PM) $600 per day
8hr Shii (9:00 AM – 5:00 PM) $400 per day
Two 8hr Shiis for Holiday/Special Days (6:00 AM–10:00 PM) $800 per day Supplies
All supplies needed for daily cleaning, unit turn overs, and linen services $2,500/quarterly
Day PorBng Service Details
8hr ShiK to include:
• Comprehensive cleaning, sani%zing, and disinfec%ng of all restrooms throughout the facility, including the Marina, Yurt Village, Pool Area, Canopy Court, Base Camp, Vintage Village, the General Store, and the Bobber Restaurant. This process is performed in mul%ple rounds throughout the day to ensure con%nuous cleanliness. Spider-web removal and other minor maintenance tasks are included as part of these rounds.
Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B Azteca Cleaning Services Page 6
• Full cleaning, sani%zing, and disinfec%ng of all opera%onal sta%ons, including the Gate House and Police Break Room, once or twice daily, with window cleaning as needed.
• Weekly standard cleaning of the Community Hall every Monday, with flexibility for addi%onal cleaning upon request.
• If opera%onal demands are light, crew members can seamlessly shii focus to other necessary tasks within the park at no addi%onal cost, as long as it remains within the scope of the 8-hour shii.
12hr ShiK to include:
• Complete morning cleaning, sanitizing, and disinfecting of the Check-in Building and Laundry Room, focusing on high-touch areas, spider-web dusting, trash removal, vacuuming, mopping, and window cleaning. • Continuation of all services included in the 8-hour shift, ensuring thorough attention to detail.
16hr Shift to include:
• All services provided in the 8-hours and 12-hour shifts • Extended coverage to ensure continuous and attention throughout the day Linen Laundry Services
Azteca Cleaning Services will manage the complete laundering process for all linens used in rental units at the facility. This includes washing, disinfec%ng, trea%ng stains, and returning linens clean, folded, and ready for use. The service schedule is structured to align with seasonal needs and guest turnover.
1 Eight-Hour ShiK Per Week (10 Months)
Includes:
• Collec%on of all soiled linens from designated laundry areas or units • Commercial laundering of all linens, including proper detergent use and sanita%on protocols
Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B Azteca Cleaning Services Page 7
• Stain removal and spot treatment of affected items
• Machine drying and folding of all laundered items
• Return of cleaned linens to storage or appropriate redistribu%on areas • During laundering cycles (while machines are opera%ng), the designated staff member will:
o Maintain cleanliness and organiza%on of the janitorial storage area located in the new maintenance shop
o Clean and sani%ze the break room and restroom in the maintenance shop o Du%es include wiping down high-touch surfaces, emptying trash, vacuuming, mopping, and spider-web dus%ng
o If laundering and all area maintenance tasks are completed early, staff may assist with addi%onal general cleaning needs elsewhere in the park to maximize service effec%veness and efficiency
2 Eight-Hour ShiKs Per Week (2 Months)
Includes all services listed above, with:
• Increased frequency to accommodate higher linen turnover during peak opera%onal periods
• More %mely and consistent return of laundered items
• Enhanced ability to respond to urgent or high-volume laundering needs Our deep cleaning service remains one of the most comprehensive and effec%ve solu%ons in the industry, me%culously designed to eliminate the toughest contaminants and soils. This service includes the use of EPA-approved an%microbial sani%zers that meet the latest CDC guidelines for comba%ng SARS-CoV-2, the virus responsible for COVID-19. While rou%ne cleaning with soap and water is now considered sufficient for most situa%ons, disinfec%on is s%ll recommended if there has been a suspected or confirmed COVID-19 case in the facility within the past 24 hours.
Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B Azteca Cleaning Services Page 8
Our deep cleaning and sani%za%on services encompass, but are not limited to, the following elements:
• Complete deep cleaning and sani%zing using an%microbial agents approved by the EPA.
• Removal and cleaning behind and underneath all furniture and items in the room, including cabinets, closets, appliances, and baseboards. • Thorough cleaning of all appliances both inside and out, including kitchen cabinets, racks, and shelves.
• Cleaning of all interior walls, doors, and fixtures.
• Sani%zing kitchen sinks, counters, bathroom tubs, sinks, toilets, and mirrors with hospital-grade disinfectants to effec%vely eliminate bacteria and viruses. • Interior and exterior window cleaning, including blinds and windowsills. • Cleaning and trea%ng air condi%oning vents and openings. • Specialized treatments for the elimina%on of pet urine odors. • Hot or cold extrac%on cleaning processes combined with EPA-registered, hospitalgrade sani%zers.
Quality Assurance
Our Commitment
Maintaining the highest standards of quality through regular inspec%ons and client feedback.
Training and Equipment
Staff trained in the latest cleaning techniques using state-of-the-art equipment and ecofriendly products.
Service Level Agreement
Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B Azteca Cleaning Services Page 9
Azteca Cleaning Services L.L.C. is commiGed to performing our services at the highest standards and exceeding client expecta%ons. We pledge to use industry-leading techniques and products, ensuring thorough and effec%ve cleaning for every client.
Contact Informa2on
For further inquiries or to accept the proposal, please contact:
- Email: [email protected]
- Office Phone: (951) 635-7263
- Cell Phone: (951) 228-6144
Conclusion
Thank you for the con%nued opportunity to work with Launch Pointe Recrea/on Des/na/on & RV Park. We remain commiGed to delivering dependable, high-quality cleaning services that align with your expecta%ons and the evolving needs of the facility.
Any other areas of cleaning not addressed herein would be separately proposed.
Oscar Rodriguez Cornejo
CEO
Azteca Cleaning Services LLC
Docusign Envelope ID: C56D0696-7C4F-4B1E-B48B-EF0DFE29508B 19) Agreement with Lorena Hancock for Recreation Classes Approve and authorize the City Manager to execute an Independent Contractor Agreement with Lorena Hancock in an amount not to exceed $50,000 for recreation classes in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $5,000 for uncertainties and adjustments.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Johnathan Oliver Skinner, Director of Community Services Date: June 24, 2025
Subject: Agreement with Lorena Hancock for Recreation Classes Recommendation
Approve and authorize the City Manager to execute an Independent Contractor Agreement with Lorena Hancock in an amount not to exceed $50,000 for recreation classes in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $5,000 for uncertainties and adjustments.
Background
The City of Lake Elsinore contracts with private instructors to perform recreational instruction at City-owned facilities such as the Lake Community Center, Dream Extreme Neighborhood Center, and Lake Elsinore Senior Center. The City of Lake Elsinore collects all registration fees for the classes through Rec1, a software program. Upon the City’s receipt of the invoice, the City then pays each of the contract instructors 75 percent of the participation Registration Fees collected.
The City retains 25 percent of the fees for facility maintenance and staffing costs.
Discussion
Ms. Hancock is an existing business providing preschool and ballet folklorico dance instruction at the Lake Community Center and Dream Extreme Neighborhood Center. Due to Ms. Hancock’s class popularity, she has consistently exceeded the City Manager’s signing authority threshold of $30,000, including this last fiscal year. We anticipate that she will continue to maintain and potentially grow in popularity. Thus, we anticipate this instructor to exceed the City Manager’s signing authority threshold again this year. Lorena Hancock’s Independent Contractor Agreement is not to exceed $50,000.
Lorena Hancock IC Agreement
Fiscal Impact
Since the City collects the Registration Fees, pays the instructor their 75 percent dues, and retains 25 percent to cover staffing and maintenance, the expenses are countered with the appropriate revenue stream and therefore, no fiscal impact is anticipated.
Attachments
Attachment 1- Agreement
Community Services
CITY OF LAKE ELSINORE
INDEPENDENT CONTRACTOR AGREEMENT
FOR INSTRUCTION
THIS INDEPENDENT CONTRACTOR AGREEMENT FOR INSTRUCTORS (“Agreement”) is made and entered into on July 1, 2025 by and between the CITY OF LAKE ELSINORE, hereinafter the “CITY,” and Lorena Hancock hereinafter the “CONTRACTOR.”
1. Purpose. The CITY hereby engages CONTRACTOR for purposes of providing instruction in skillful and competent manner, and shall abide by all laws in doing so. CONTRACTOR shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by CITY and shall maintain instruction area in a clean, safe and orderly manner.
2. Contractor's Status. CONTRACTOR is an independent contractor and is solely responsible for his or her own actions or omissions. CONTRACTOR is not City’s employee for any purpose. Any additional personnel performing the services under this Agreement on behalf of CONTRACTOR shall also not be employees of the CITY and shall at all times be under Contractor’s direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel in connection with their performance of this Agreement and as required by law.
3. Term. The term of this Agreement shall begin July 1, 2025 and end June 30, 2026.
4. Collection of Fees/Class Size. CONTRACTOR shall establish the per student registration fee of each class. Registration fees shall be collected by the CITY through set registration procedures implemented by designated CITY staff. The CONTRACTOR is not authorized to collect registration fees. Following the collection of registration fees, the CITY shall confirm the number of participants enrolled. The CONTRACTOR will be compensated only for participants who have paid. Size of each class may vary.
Class minimum and maximum size shall be established by CONTRACTOR subject to the City’s consent based on the capacity of the facility where the class will be conducted.
5. Compensation. In consideration of the performance of the instruction and/or services provided herein, the CONTRACTOR shall receive seventy-five percent (75%) of the participation registration fees collected for instruction and/or services identified in Section 1 above, exclusive of any facility entrance, pool use, field/court night lights, insurance fees and/or publicity fees were charged. Compensation to be paid to the Contractor shall not exceed $50,000 without prior additional written authorization from the City. It is also understood that all taxes and/or other withholdings are the CONTRACTOR’S responsibility.
6. Payment. The compensation provided in Section 5 shall be paid upon satisfactory completion of instruction and/or services and receipt of an invoice within 45 days by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 45 days.
7. Business License, Insurance, and LiveScan. CONTRACTOR and any subcontractor agrees to obtain and follow all business license requirements as required by the Lake Elsinore Municipal Code, Chapter
5.08. All business license requirements must be met prior to contract approval. CONTRACTOR and any subcontractor agrees to obtain all insurance required and present valid insurance certificates in accordance with the attached Terms and Conditions. CONTRACTOR, its employees, agents, consultants, contractors and volunteers agrees to perform and provide proof of LiveScan.
8. Terms and Conditions. This Agreement includes the terms and conditions as printed and set forth on the following page, which terms and conditions are incorporated herein by reference; and the CONTRACTOR, by executing this Agreement, agrees to comply with such terms and conditions.
CITY OF LAKE ELSINORE
By: ________________________________
Shannon Buckley, Assistant City Manager
By: ________________________________
Jason Simpson, City Manager
ATTEST:
___________________________________
Candice Alvarez, MMC, City Clerk
CONTRACTOR
By:
Print Name: Lorena Hancock
Title: Owner
Business Name: Lorena Hancock
Business License Number: 017343
Class(es): Preschool/Dance
Address: 27280 Hammack Ave.
City/State/Zip: Perris, CA 92570
Email Address: [email protected]
Phone Number: 951-375-6910
CITY OF LAKE ELSINORE
INDEPENDENT CONTRACTOR AGREEMENT
FOR INSTRUCTION
TERMS AND CONDITIONS
1. EQUIPMENT AND LABOR: The Contractor shall
furnish all tools, equipment, apparatus, supplies and
materials unless otherwise mutually agreed by City.
Contractor assumes all risk of loss, damage or harm
to such equipment or materials arising in connection
with this Agreement. The Contractor shall perform the
services under this Agreement in a skillful and
competent manner and shall abide by all laws in doing
so.
2. COMMUNITY HEALTH PROGRAM
PARTICIPATION: The Contractor shall participate in
the City’s community health program by providing at
least one hour of scheduled class services at least
twelve times per year (i.e. once per month or during a
seasonal series) free of charge to the program
participants. The location of the classes shall be at the discretion of the City.
3. SUBCONTRACTORS: In the event a contractor will
not be able to teach class due to illness, etc. the
Contractor will implement the following procedure:
a. Contractor will procure a substitute contractor
equally or better qualified and acceptable to
the City to instruct class at the prescribed time
and place. Subcontractors must meet the
criminal background screening and
fingerprinting requirements according to Cal
Public Resources Code Section 5164.
b. Contractor will notify assigned designated
staff regarding the substitute’s name,
qualifications, address and phone. Payment
for subcontractors shall be responsibility of the
Contractor.
c. If a substitute cannot be procured, the class
will be canceled and a make-up class added
to the end of the session. The contractor will
be responsible for notifying the students of the
cancellation.
d. Contractor is responsible for ensuring
subcontractors must meet all of the criteria
stipulated in these Terms and Conditions,
including but not limited to, maintaining a valid
City of Lake Elsinore Business License,
providing valid certificates of insurance in
accordance with City policies, and providing
proof of LiveScan.
4. SUPERVISION: Contractor agrees to establish
appropriate rules for conducting the class and to
assume responsibility for student discipline to ensure
adequate protection of students and facility.
5. FACILITY. The City shall be responsible for providing a suitable facility for the conduct of the class, unless otherwise noted under "Special Arrangements".
Contractor shall pay City for any and all costs
associated with using the facility. Contractor agrees to assume full responsibility for setting up any facility for instruction and for cleaning and/or restoring the facility to its usual condition following each class session.
6. ACCESS TO FACILITY: City representatives shall at
all times have access to facility, whenever class is in progress to monitor programs for quality.
7. CONDUCT: Contractor understands that the City is a
public entity under the laws of the State of California, and that the City’s purpose in engaging Contractor is
to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun and fair play. Contractor agrees to conduct
himself/herself in a manner that will further these
goals. Contractor further acknowledges that failure
to do so will result in immediate termination of this
Agreement.
8. COORDINATION OF WORK: The Contractor
agrees to coordinate with the City specified time(s)
and date(s) in order to avoid conflict of use. It is
agreed that the resolution of any conflict is at the
sole discretion of the City Manager or his/her
designee. Contractor agrees to work with assigned
City staff to maintain accurate enrollment records.
9. RULES: Contractor agrees to obey all rules and
regulations of the City of Lake Elsinore and any
directives and memoranda issued by the
Department’s Director.
10. LIVESCAN: Contractor, its employees, agents,
consultants, contractors and volunteers must
comply with fingerprinting requirements, Public
Resources Code, Section 5164, by presenting proof
of LiveScan to the City, prior to commencing work
with minors.
11. HOLD HARMLESS AND INDEMNIFICATION. The
Contractor shall defend, indemnify, and hold
harmless the City, its officials, officers, agents,
employees and volunteers free and harmless from
any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in
law or equity to property or persons, including
wrongful death, in any manner arising out of our
incident to any alleged acts, omissions or willful
misconduct of Contractor, its employees, agents,
consultants, contractors and volunteers arising out
of or in connection with the performance of the
services in this Agreement, including without
limitation the payment of all consequential damages
and attorneys' fees and other related costs and
expenses. Contractor shall pay and satisfy any
judgment, award or decree that maybe rendered
against City or its officials, officers, employees,
agents, or volunteers, in any such suit, action or
other legal proceeding. Contractor shall reimburse
City and its officials, officers, employees, agents,
and/or volunteers for any and all legal expenses and
costs incurred by each of them in connection
therewith or in enforcing the indemnity herein
provided. Contractor’s obligation to indemnify shall
not be restricted to insurance proceeds, if any,
received by the City, its officials, officers,
employees, agents or volunteers. Such
indemnification shall cover death or bodily injury to
any person; injury to, loss, or theft of property, injury arising from the furnishing or use of any copyrighted
or uncopyrighted composition, secret process, or
patented or unpatented invention, or any other type
of injury, whether such injury or damage occurs on
or off City property.
12. INSURANCE: Contractor, its employees, agents,
consultants, contractors and volunteers understand
that certain types of activities create additional
exposure of risk to City. Unless otherwise waived or
modified by the City’s Risk Manager, Contractor and
any agents, consultants, or subcontractors shall
similarly maintain the following insurance
requirements and present the applicable valid
certificates to the City of Lake Elsinore. Commercial
General Liability/Umbrella Insurance total limits
shall be no less than $1,000,000 per accident and
$2,000,000 general aggregate. 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,
TERMS AND CONDITIONS
including coverage for owned, hired and non-owned
vehicles, in an amount of not less than $300,000
combined single limit for each occurrence. Contractor
shall maintain Workers’ Compensation Insurance and
Employer’s Liability Insurance for his/her employees
in an amount not less than $1,000,000 in accordance
with the laws of the State of California. 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. City and its employees and agents
shall be added as additional insureds using ISO
additional insured endorsement form CG 20 10 or CG
20 26 (in no event will City accept an endorsement
form with an edition date later than 1990). Coverage
shall apply on a primary non-contributing basis in
relation to any other insurance or self-insurance,
primary or excess, available to City or any employee
or agent of City. Coverage shall not be limited to the
vicarious liability or supervisory role of any additional insured. Contractors and subcontractors must
maintain this insurance requirement and have the City
listed as additionally insured in accordance with the
above statements.
13. CONTRACTOR NOT OFFICER, EMPLOYEE OR
AGENT OF CITY. While engaged in carrying out the
terms and conditions of the Agreement, the Contractor
is an independent contractor and not an officer,
employee or agent of the City. The Contractor has no
authority, express or implied, to act on behalf of the
City as an agent or representative of the City under
this Agreement to bind the City to any obligation. The
Contractor is not eligible for benefits from Social
Security, State Unemployment Insurance, Disability
Insurance or Workman’s Compensation Insurance. In
the event of injury, the Contractor is responsible for
his/her own medical expenses.
14. PUBLICITY: Contractor shall not advertise, print or publish any promotional materials in connection with
the instruction or service to be conducted under this
Agreement without the prior written approval of the
Director of Community Services or his/her authorized
representative.
15. ASSUMPTION OF RISK. Contractor works at his/her
own risk. Contractor shall ensure each participant
signs the City's "Waiver & Release Agreement" prior
to participation.
16. COLLECTION OF FEES: The Contractor agrees not
to accept any registration fees from students. All
registration fees shall be paid directly to the City and the Contractor shall be paid at the conclusion of the
course by the City. The Contractor may collect
additional fees for materials and supply costs. The
Contractor shall appropriately inform the participants
of the additional material fees prior to registration.
Participants may be required to bring certain supplies
and materials to class.
17. PAYMENT OF FEES: City agrees to pay Contractor
according to compensation provision provided on first
page of this Agreement. Contractor is responsible for
payment to any subcontractors.
18. AMERICANS WITH DISABILITIES ACT. Contractor
agrees that he/she shall make every attempt to
accommodate people with physical and/or mental
disabilities.
19. GENERAL COMPLIANCE WITH LAWS. Contractor
shall comply with all federal, state, and local laws,
statutes, rules and regulations in any manner
affecting the performance of this Agreement. By law,
Contractor, Contractor’s employees and any agreed
upon substitute personnel or subcontractor must
comply with the requirements of Cal Pub Resources
Code Section 5164 before engaging in the services
under this Agreement. Contractor, Contractor’s
employees and any agreed upon substitute
personnel or subcontractor hereby agree to a
criminal background check as required under Cal
Pub Resources Code Section 5164 by the City’s
Police Department if Contractor or any of Contractor
's employees or agreed upon substitute personnel
or subcontractor shall work with persons of eighteen
(18) years of age or under. Contractor, Contractor's
employees or any agreed upon substitute personnel
or subcontractor must be cleared by City prior to
working with persons of eighteen years of age of
under. If the background check for Contractor,
Contractor's employees or agreed upon substitute
personnel or subcontractor reveals illegal or
objectionable information or activities, the person to
whom the background check applies shall be
prohibited from providing the services hereunder
and, in City's sole and absolute discretion, this
Agreement may be terminated, in which case
Contractor will be entitled to no further
compensation under this Agreement. Contractor,
Contractor’s employees, and any agreed upon
substitute personnel or subcontractor shall not be
permitted to provide services hereunder for classes
with attendees who are eighteen years of age or
under unless a criminal background check has been
performed and clearance has been received from
the Department of Justice.
20. MODIFICATION. No waiver, modification or
termination of this Agreement is valid unless made
in writing.
21. NONASSIGNMENT. Contractor shall not have any
right to assign and/or transfer his/her rights and/or
obligations under this Agreement without the prior
written consent of the City.
22. DEFAULT BY CONTRACTOR: Failure to comply
with any of the terms and/or conditions of this
agreement shall constitute default by the Contractor.
23. TERMINATION: The agreement may be terminated
by the City upon 30 days’ notice given in writing.
Both parties will perform in accordance with the
agreement prior to the effective termination date.
Nothing contained herein shall diminish the right of
the City to cancel, immediately and without prior
notice, the agreement for cause without penalty or
liability on the part of the City.
24. ENTIRE AGREEMENT: This contract constitutes
the entire Agreement between the parties
concerning the subject manner hereof and
supersedes all agreements, representations,
statements, promises and understandings, whether
oral or written, with respect to the subject manner
hereof.
25. SPECIAL ARRANGEMENTS:
____________________________________________
____________________________________________
20) Agreement with National Junior Basketball League for Basketball League, Practices, Games, and Instruction
Approve and authorize the City Manager to execute an Independent Contractor Agreement with National Junior Basketball League in an amount not to exceed $75,000 for basketball league, practices, games, and instruction in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $7,500 for uncertainties and adjustments.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Johnathan Oliver Skinner, Director of Community Services Date: June 24, 2025
Subject: Agreement with National Junior Basketball League for Basketball League, Practices, Games, and Instruction
Recommendation
Approve and authorize the City Manager to execute an Independent Contractor Agreement with National Junior Basketball League in an amount not to exceed $75,000 for basketball league, practices, games, and instruction in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $7,500 for uncertainties and adjustments.
Background
The City of Lake Elsinore contracts with private instructors to perform recreational instruction at City-owned facilities such as the Lake Community Center, Dream Extreme Neighborhood Center, and Lake Elsinore Senior Center. The City of Lake Elsinore collects all registration fees for the classes through Rec1, a software program. Upon the City’s receipt of the invoice, the City then pays each of the contract instructors 75 percent of the participation Registration Fees collected.
The City retains 25 percent of the fees for facility maintenance and staffing costs.
NJB Independent Contractor Agreement
Discussion
National Junior Basketball (NJB) is an existing business providing basketball instruction, practice, and games at the Lake Community Center and our joint-use Terra Cotta Middle School Gymnasium. In NJB’s second season with the City, they registered over 150 participants. With their success, ability to offer multiple seasons, addition of camps and workshops, and capacity to accommodate more than 200 participants per season, we anticipate that NJB will continue to grow in popularity during the 25/26 fiscal year. Thus, we anticipate the instructor portion of registration fees will exceed the City Manager’s authority threshold. The Independent Contractor Agreement is attached as Attachment 1 and provides authorization for payment of the instructor's share of registration fees up to $75,000.
Fiscal Impact
Since the City collects the Registration Fees, pays the instructor their 75 percent dues, and retains 25 percent to cover staffing and maintenance, the expenses are countered with the appropriate revenue stream and therefore, no fiscal impact is anticipated.
Attachments
Attachment 1- Agreement
Community Services
CITY OF LAKE ELSINORE
INDEPENDENT CONTRACTOR AGREEMENT
FOR INSTRUCTION
THIS INDEPENDENT CONTRACTOR AGREEMENT FOR INSTRUCTORS (“Agreement”) is made and entered into on July 1, 2025 by and between the CITY OF LAKE ELSINORE, hereinafter the “CITY,” and NATIONAL JUNIOR BASKETBALL LEAGUE, a California nonprofit corporation, hereinafter the “CONTRACTOR.”
1. Purpose. The CITY hereby engages CONTRACTOR for purposes of providing a youth basketball program to be run in accordance with National Junior Basketball’s governing body guidelines, including operating standards in relation to safeguarding and protecting children, coaching and officiating qualifications and other safe practices (the “Program”). The Program shall be conducted at designated City facilities.
2. Contractor's Status. CONTRACTOR is an independent contractor and is solely responsible for its own actions or omissions, and that of its employee, agents and volunteers. CONTRACTOR is not City’s employee for any purpose. Any additional personnel performing the services under this Agreement on behalf of CONTRACTOR shall also not be employees of the CITY and shall at all times be under Contractor’s direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel in connection with their performance of this Agreement and as required by law.
3. Term. The term of this Agreement shall begin July 1, 2025 and end June 30, 2026.
4. Collection of Fees. Registration fees shall be collected by the CITY through set registration procedures implemented by designated CITY staff. The CONTRACTOR is not authorized to collect registration fees.
Following the collection of registration fees, the CITY shall confirm the number of participants enrolled. The CONTRACTOR will be compensated only for participants who have paid.
5. Compensation. In consideration of the performance of the instruction and/or services provided herein, the CONTRACTOR shall receive seventy-five percent (75%) of the participation registration fees collected for instruction and/or services identified in Section 1 above, exclusive of any facility entrance, court night lights, insurance fees and/or publicity fees were charged (“Contractor’s Compensation”), provided, however, that Contractor’s Compensation shall not exceed $75,000 without prior written authorization from the City. Onehalf of Contractor’s Compensation shall be disbursed to Contractor on or before the first day of each session. All remaining Contractor Compensation shall be disbursed to Contractor following the end of the term. It is also understood that all taxes and/or other withholdings are the CONTRACTOR’S responsibility.
6. Payment. The compensation provided in Section 5 shall be paid upon satisfactory completion of instruction and/or services and receipt of an invoice within 45 days by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 45 days.
7. Business License, Insurance, and LiveScan. CONTRACTOR agrees to obtain and follow all business license requirements as required by the Lake Elsinore Municipal Code, Chapter 5.08. All business license requirements must be met prior to contract approval. CONTRACTOR agrees to obtain all insurance required and present valid insurance certificates in accordance with the attached Terms and Conditions.
CONTRACTOR, its employees, agents, and volunteers agree to perform and provide proof of LiveScan.
8. Terms and Conditions. This Agreement includes the terms and conditions as printed and set forth on the following page, which terms and conditions are incorporated herein by reference; and the CONTRACTOR, by executing this Agreement, agrees to comply with such terms and conditions.
CITY OF LAKE ELSINORE
By: ________________________________
Shannon Buckley
Assistant City Manager
By: ________________________________
Jason Simpson
City Manager
ATTEST:
By: ________________________________
Candice Alvarez, MMC
City Clerk
CONTRACTOR
By:
Print Name: Dennis Murphy
Title: Director
Business Name: National Junior Basketball League
Business License Number: 027862
Address: 23963 Augusta Dr
City/State/Zip: Temescal Valley, CA 92883
Email Address: [email protected]
Phone Number: (714) 397-0678
CITY OF LAKE ELSINORE
INDEPENDENT CONTRACTOR AGREEMENT
FOR INSTRUCTION
TERMS AND CONDITIONS
1. EQUIPMENT AND LABOR: The Contractor shall
furnish all tools, equipment, apparatus, supplies and
materials unless otherwise mutually agreed by City.
Contractor assumes all risk of loss, damage or harm
to such equipment or materials arising in connection
with this Agreement. The Contractor shall perform the
services under this Agreement in a skillful and
competent manner and shall abide by all laws in doing
so.
2. RESERVED.
3. RESERVED.
4. SUPERVISION: Contractor agrees to establish
appropriate rules for conducting the Program and to
assume responsibility for student discipline to ensure
adequate protection of students and facility.
5. FACILITY. The City shall be responsible for providing a suitable facility for the conduct of the Program,
unless otherwise noted under "Special
Arrangements". Contractor shall pay City for any and
all costs associated with using the facility. Contractor agrees to assume full responsibility for setting up any facility for the Program and for cleaning.
6. ACCESS TO FACILITY: City representatives shall at
all times have access to facility, whenever the
Program is in progress to monitor programs for quality.
7. CONDUCT: Contractor understands that the City is a
public entity under the laws of the State of California, and that the City’s purpose in engaging Contractor is
to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun and fair play. Contractor agrees to conduct
himself/herself in a manner that will further these
goals. Contractor further acknowledges that failure to
do so will result in immediate termination of this
Agreement.
8. COORDINATION OF WORK: The Contractor agrees
to coordinate with the City specified time(s) and
date(s) in order to avoid conflict of use. It is agreed that the resolution of any conflict is at the sole
discretion of the City Manager or his/her designee.
Contractor agrees to work with assigned City staff to
maintain accurate enrollment records.
9. RULES: Contractor agrees to obey all rules and
regulations of the City of Lake Elsinore and any
directives and memoranda issued by the
Department’s Director.
10. LIVESCAN: Contractor, its employees, agents,
consultants, contractors and volunteers must comply
with fingerprinting requirements, Public Resources
Code, Section 5164, by presenting proof of LiveScan
to the City, prior to commencing work with minors.
11. HOLD HARMLESS AND INDEMNIFICATION. The
Contractor shall defend, indemnify, and hold harmless
the City, its officials, officers, agents, employees and volunteers free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity to property or persons, including wrongful death, in any manner
arising out of our incident to any alleged acts,
omissions or willful misconduct of Contractor, its
employees, agents, consultants, subcontractors and
volunteers arising out of or in connection with the
performance of the services in this Agreement,
including without limitation the payment of all
consequential damages and attorneys' fees and other
related costs and expenses. Contractor shall pay and
satisfy any judgment, award or decree that maybe
rendered against City or its officials, officers,
employees, agents, or volunteers, in any such suit,
action or other legal proceeding. Contractor shall
reimburse City and its officials, officers, employees,
agents, and/or volunteers for any and all legal
expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity
herein provided. Contractor’s obligation to
indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers. Such
indemnification shall cover death or bodily injury to
any person; injury to, loss, or theft of property, injury arising from the furnishing or use of any copyrighted
or uncopyrighted composition, secret process, or
patented or unpatented invention, or any other type
of injury, whether such injury or damage occurs on
or off City property.
12. INSURANCE: Contractor, its employees, agents,
consultants, contractors and volunteers understand
that certain types of activities create additional
exposure of risk to City. Unless otherwise waived or
modified by the City’s Risk Manager, Contractor
shall similarly maintain the following insurance
requirements and present the applicable valid
certificates to the City of Lake Elsinore. Commercial
General Liability/Umbrella Insurance total limits
shall be no less than $1,000,000 per accident and
$2,000,000 general aggregate. 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 $300,000
combined single limit for each occurrence.
Contractor shall maintain Workers’ Compensation
Insurance and Employer’s Liability Insurance for
his/her employees in an amount not less than
$1,000,000 in accordance with the laws of the State
of California. Any notice of cancellation or nonrenewal 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. City and
its employees and agents shall be added as
additional insureds using ISO additional insured
endorsement form CG 20 10 or CG 20 26 (in no
event will City accept an endorsement form with an
edition date later than 1990). Coverage shall apply
on a primary non-contributing basis in relation to any
other insurance or self-insurance, primary or
excess, available to City or any employee or agent
of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured.
Contractor must maintain this insurance
requirement and have the City listed as additionally
insured in accordance with the above statements.
13. CONTRACTOR NOT OFFICER, EMPLOYEE OR
AGENT OF CITY. While engaged in carrying out the
terms and conditions of the Agreement, the
Contractor is an independent contractor and not an
officer, employee or agent of the City. The
Contractor has no authority, express or implied, to
act on behalf of the City as an agent or
representative of the City under this Agreement to
bind the City to any obligation. The Contractor is not
eligible for benefits from Social Security, State
Unemployment Insurance, Disability Insurance or
Workman’s Compensation Insurance. In the event
TERMS AND CONDITIONS
of injury, the Contractor is responsible for his/her own medical expenses.
14. PUBLICITY: Contractor shall not advertise, print or publish any promotional materials in connection with
the instruction or service to be conducted under this
Agreement without the prior written approval of the
Director of Community Services or his/her authorized
representative.
15. ASSUMPTION OF RISK. Contractor works at his/her
own risk. Contractor shall ensure each participant
signs the City's "Waiver & Release Agreement" prior
to participation.
16. COLLECTION OF FEES: The Contractor agrees not
to accept any registration fees from students. All
registration fees shall be paid directly to the City and the Contractor shall be paid at the conclusion of the
course by the City. The Contractor may collect
additional fees for materials and supply costs. The
Contractor shall appropriately inform the participants
of the additional material fees prior to registration.
Participants may be required to provide equipment
and materials.
17. PAYMENT OF FEES: City agrees to pay Contractor
according to compensation provision provided on first
page of this Agreement. Contractor is responsible for
payment to any employees or other agents.
18. AMERICANS WITH DISABILITIES ACT. Contractor
agrees that he/she shall make every attempt to
accommodate people with physical and/or mental
disabilities.
19. GENERAL COMPLIANCE WITH LAWS. Contractor
shall comply with all federal, state, and local laws,
statutes, rules and regulations in any manner affecting the performance of this Agreement. By law,
Contractor, Contractor’s employees and any Program
volunteers must comply with the requirements of Cal
Pub Resources Code Section 5164 before engaging
in the Program. Contractor, Contractor’s employees
and personnel (including volunteers) hereby agree
to a criminal background check as required under
Cal Pub Resources Code Section 5164 and must be
cleared by City prior to working in the Program.
20. MODIFICATION. No waiver, modification or
termination of this Agreement is valid unless made
in writing.
21. NONASSIGNMENT. Contractor shall not have any
right to assign and/or transfer its rights and/or
obligations under this Agreement without the prior
written consent of the City.
22. DEFAULT BY CONTRACTOR: Failure to comply
with any of the terms and/or conditions of this
agreement shall constitute default by the Contractor.
23. TERMINATION: The agreement may be terminated
by the City upon 30 days’ notice given in writing.
Both parties will perform in accordance with the
agreement prior to the effective termination date.
Nothing contained herein shall diminish the right of
the City to cancel, immediately and without prior
notice, the agreement for cause without penalty or
liability on the part of the City.
24. ENTIRE AGREEMENT: This contract constitutes
the entire Agreement between the parties
concerning the subject manner hereof and
supersedes all agreements, representations,
statements, promises and understandings, whether
oral or written, with respect to the subject manner
hereof.
25. SPECIAL ARRANGEMENTS:
____________________________________________
____________________________________________
21) Parcel Map No. 38614
Approve Parcel Map No. 38614 subject to the City Engineer’s acceptance as being true and correct, authorize the City Clerk to sign the map and arrange for the recordation, and approve and authorize the City Manager to execute the Construction of Improvements Agreement with Lake Elsinore Plaza 2.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: June 24, 2025
Subject: Parcel Map No. 38614
Recommendation
1. Approve Parcel Map No. 38614 subject to the City Engineer’s acceptance as being true and correct, and authorize the City Clerk to sign the map and arrange for the recordation; and
2. Approve and authorize the City Manager to execute the Construction of Improvements Agreement with Lake Elsinore Plaza 2.
Background
The proposed Parcel Map No. 38614 is located at the south corner of Collier Avenue and Riverside Drive intersection. Parcel Map No. 38614 is a subdivision of an 8.46-acre site into four (4) parcels, one (1) remainder parcel, and two (2) lettered lots dedicated to the City for public street purposes.
Discussion
Per the Subdivision Map Act Section 66474.1, the parcel map has been reviewed, and it has been determined that it is in substantial conformance to the previously approved Tentative Parcel Map No. 38614. All Conditions of Approval relative to the parcel map approval have been completed.
Fiscal Impact
The security posted is sufficient for improvements. Staff time was utilized to prepare the documents.
Parcel Map No. 38614
Attachments
Attachment 1 - Final Boundary Map
Attachment 2 - Vicinity Map
Attachment 3 - Construction Agreement
Engineering
22) Cooperative Agreement with the State of California Department of Transportation for the I-15 Nichols Road Interchange
Approve and authorize the City Manager to execute a Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the I-15 Nichols Road Interchange Improvement Project in such final form as approved by the City Attorney.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: June 24, 2025
Subject: Cooperative Agreement with the State of California Department of Transportation for the I-15 Nichols Road Interchange
Recommendation
Approve and authorize the City Manager to execute a Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the I-15 Nichols Road Interchange Improvement Project in such final form as approved by the City Attorney.
Background
The Interstate 15 Nichols Road Interchange Improvement Project initiated in 2023, where the Project Initiation Document – Project Study Report was completed in 2025. The Project Approval and Environmental Document (PA&ED) phase is expected to initiate in June 2025, where an executed Cooperative Agreement is required prior to the start of the next phase.
Discussion
The Cooperative Agreement establishes the project components, which the City will be responsible for as the Implementing Agency. The City will be responsible to deliver the Project Approval & Environmental Document (PA&ED) phase, which is the development of the Final Project Report and Final Environmental Document; study of up to three (3) build alternatives and one (1) no build alternative, completion of the Geometric Approval Drawings and Design Standard Decision Document; preparation of the Traffic Operations Analysis Report, Hydraulic/Hydrology Studies, and Geotechnical Studies; survey and mapping; stakeholder and community outreach; and environmental studies, such as noise, air, water quality, biology. Caltrans will be the lead agency for CEQA and NEPA.
I-15 Nichols Co-op
The City is also responsible for the (1) final Plans, Specifications, and Estimate (PS&E), which includes the development of the plans, specifications, and estimate; obtaining resource agency permits; and advertisement/award of the construction contract; and (2) Right of Way, which includes coordination with utility owners, pre-construction of monument preservation, acquisition of right of way, and post construction right of way work.
Fiscal Impact
No fiscal impact to executing this agreement. Project has been budgeted in the CIP program for Fiscal Year 2025-26.
Attachments
Attachment 1 - Cooperative Agreement
Engineering
DRAFT Agreement No. 08-1808
Project No.: 0822000091
EA: 08-1M840
08-RIV-015-22.8/24.5
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COOPERATIVE AGREEMENT COVER SHEET
Work Description
TO IMPROVE TRAFFIC OPERATIONS BY IMPROVEMENTS OF THE NICHOLS
ROAD INTERCHANGE AND CORRECTION OF MERGING/DIVERGING
FREEWAY AND RAMP MOVEMENTS. THIS PROJECT ALSO REDUCES
EXISTING AND FUTURE CONGESTION BY WIDENING NICHOLS ROAD TO SIX
LANES AND IMPROVING INTERSECTION AT COLLIER AVENUE AND NICHOLS ROAD
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Emad Makar, Project Manager
464 West 4th Street
San Bernardino, CA 92401
Office Phone: (909) 383-4978
Email: [email protected]
CITY OF LAKE ELSINORE
Remon Habib, City Engineer
130 South Main Street
Lake Elsinore, CA 92530
Office Phone: (951) 670-3124 Ext. 213
Email: [email protected]
DRAFT Agreement No. 08-1808
Project No.: 0822000091
EA: 08-1M840
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Table of Contents
COOPERATIVE AGREEMENT COVER SHEET...........................................................................1 Work Description............................................................................................................................1 Contact Information........................................................................................................................1 CALTRANS ...............................................................................................................................1 CITY OF LAKE ELSINORE.....................................................................................................1 COOPERATIVE AGREEMENT.......................................................................................................4 RECITALS .........................................................................................................................................4 RESPONSIBILITIES .........................................................................................................................5 Sponsorship.....................................................................................................................................5 Implementing Agency ....................................................................................................................6 Funding...........................................................................................................................................7 CALTRANS' Quality Management................................................................................................7 CEQA/NEPA Lead Agency ...........................................................................................................8 Environmental Permits, Approvals and Agreements......................................................................8 Project Approval and Environmental Document (PA&ED) ..........................................................9 California Environmental Quality Act (CEQA) .........................................................................9 National Environmental Policy Act (NEPA)............................................................................11 Plans, Specifications, and Estimate (PS&E).................................................................................12 RIGHT-OF-WAY.........................................................................................................................13 Schedule........................................................................................................................................15 Additional Provisions ...................................................................................................................15 Standards...................................................................................................................................15 Noncompliant Work .................................................................................................................16 DRAFT Agreement No. 08-1808
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Qualifications............................................................................................................................16 Consultant Selection .................................................................................................................16 Encroachment Permits ..............................................................................................................16 Protected Resources..................................................................................................................17 Disclosures................................................................................................................................17 Hazardous Materials .................................................................................................................17 Claims .......................................................................................................................................19 Accounting and Audits .............................................................................................................19 Interruption of Work.................................................................................................................19 Penalties, Judgments and Settlements ......................................................................................20 Project Files ..............................................................................................................................20 GENERAL CONDITIONS ..............................................................................................................20 Venue............................................................................................................................................20 Exemptions ...................................................................................................................................20 Indemnification.............................................................................................................................21 Non-parties ...................................................................................................................................21 Ambiguity and Performance.........................................................................................................21 Defaults.........................................................................................................................................22 Dispute Resolution........................................................................................................................22 Prevailing Wage............................................................................................................................23 SIGNATURES .................................................................................................................................24 DRAFT Agreement No. 08-1808
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Lake Elsinore, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as City.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, to improve traffic operations by improvements of the Nichols Road interchange and correction of merging/diverging freeway and ramp movements. This project also reduces existing and future congestion by widening Nichols Road to six lanes and improving intersection at Collier Avenue and Nichols Road, will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents.
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY (R/W)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
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PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
• City completed the Project Initiation Document (PID) on January 6, 2025.
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
9. City is the SPONSOR for the WORK in this AGREEMENT.
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Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • City is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.
PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection). • City is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.
PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract.
• City is the RIGHT-OF-WAY IMPLEMENTING AGENCY.
RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; pre-construction monument preservation; the acquisition of right-of-way interests; and post-construction work such as right-ofway monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).
11. City will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
DRAFT Agreement No. 08-1808
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Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK.
CALTRANS' Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
16. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that City's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
18. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation.
CALTRANS quality control and quality assurance procedures for all environmental documents are described in Chapter 38 of the Standard Environmental Reference (SER), available at https://dot.ca.gov/programs/environmental-analysis/standard-environmentalreference-ser/volume-1-guidance-for-compliance/ch-38-nepa-assignment. This also includes the independent judgment analysis and determination under CEQA that the environmental documentation meets CEQA requirements.
19. City will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
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20. City, including any employee, agent, consultant or sub-consultant retained by the City, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the "Final Caltrans Environmental Records Retention Policy", available at https://dot.ca.gov/-/media/dot-media/programs/environmentalanalysis/documents/ser/nepa-recordretention-policy-final-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS' written request.
21. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA/NEPA Lead Agency
22. CALTRANS is the CEQA Lead Agency for the PROJECT.
23. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
24. City will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to City's responsibilities in this AGREEMENT.
25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.
26. It is expected that the PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
401 Regional Water Quality Control Board
1602 California Department of Fish & Wildlife
Air Quality Permits
Local Agency Concurrence/Permit
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Project Approval and Environmental Document (PA&ED)
27. As the PA&ED IMPLEMENTING AGENCY, City is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
28. CALTRANS will be responsible for completing the following PA&ED activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
165.15.15.xx Essential Fish Habitat Consultation
165.15.15.xx Section 7 Consultation
165.25.25 Approval to Circulate Resolution
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval 180.10.05.45 Section 7 Consultation
180.15.05 Record of Decision (NEPA)
180.15.10 Notice of Determination (CEQA)
29. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.
30. City will provide written notice of the initiation of environmental studies to the CEQA and NEPA Lead Agencies prior to completing any other PA&ED phase work.
California Environmental Quality Act (CEQA)
31. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and City will use, a letter template and a list of California Native American tribes requesting notification. City will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames.
32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.
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33. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.
34. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.
35. City will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.
36. The CEQA Lead Agency will attend all CEQA-related public meetings.
37. City will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.
If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow City to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency has final approval authority over all CEQA documentation.
38. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.
The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.
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National Environmental Policy Act (NEPA)
39. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements.
CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act.
40. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Toolkit (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference.
41. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS' review, comment, and approval prior to public availability.
42. City will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. City will submit all notices to the NEPA Lead Agency for review, comment, and approval prior to publication and circulation.
CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register.
43. The NEPA Lead Agency will attend all NEPA-related public meetings.
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44. City will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date.
45. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.
The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities.
46. City will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document.
Plans, Specifications, and Estimate (PS&E)
47. As the PS&E IMPLEMENTING AGENCY, City is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
48. CALTRANS will be responsible for completing the following PS&E activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.15.10.xx Quality Management
49. City will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.
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City will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.
50. City will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.
51. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to City until the following conditions are met:
• Any new or amended Maintenance Agreement required for the WORK are executed. • Any new or amended Freeway Agreement required for the WORK are executed.
RIGHT-OF-WAY
52. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, City is responsible for all RIGHTOF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
53. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.25.10.xx Quality Management
54. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.
55. City will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.
56. City will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All DRAFT Agreement No. 08-1808
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utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.
57. City will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.
58. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.
59. City will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.
City will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance.
CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.
60. If City acquires any right-of-way to be incorporated into the State Highway System (SHS), City will first acquire in its own name.
No right-of-way will be acquired in CALTRANS' name.
Title to the SHS right-of-way will ultimately be vested in the State. CALTRANS' acceptance of title will occur after the Right-of-Way Closeout activities are complete.
61. City will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.
City will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.
City will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract.
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62. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.
63. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by City verifying that the title is free of all encumbrances and liens. Upon acceptance, City will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.
64. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.
Schedule
65. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
Additional Provisions
Standards
66. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
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• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
• Stewardship and Oversight Agreement
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work
67. CALTRANS retains the right to reject noncompliant WORK. City agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifications
68. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
69. City will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
70. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. City, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide encroachment permits to City at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
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71. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
72. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
73. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
74. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
75. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
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The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
76. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.
77. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT, will pay, or cause to be paid, the cost of HM1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way.
78. City, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. City will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
City, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.
79. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.
City and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and City each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. City will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
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80. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
Claims
81. City may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.
82. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
83. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
84. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
85. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
86. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.
87. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
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Penalties, Judgments and Settlements
88. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
89. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
90. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
91. City will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. City will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.
GENERAL CONDITIONS
92. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
93. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
94. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
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Indemnification
95. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by City, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon City under this AGREEMENT. It is understood and agreed that City, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by City, its contractors, subcontractors, and/or its agents under this AGREEMENT.
96. Neither City nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless City and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
97. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT.
PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
98. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
99. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
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A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
100. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
101. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
102. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of City will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. 103. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
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Prevailing Wage
104. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720- 1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
Catalino Pining III
District 8 Director
Verification of Funds and Authority:
Karem Evans
District Budget Manager (Acting)
Certified as to financial terms and policies:
Darwin Salmos
HQ Accounting Supervisor
CITY OF LAKE ELSINORE
Jason Simpson
City Manager
Attest:
Candice Alvarez
City Clerk
name TBD
23) Professional Services Agreement with Fehr & Peers to Provide Environmental Clearance, Final Design (PS&E) and Construction Support for HSIP Cycle 12 Citywide Signalized Intersections Systemic Safety Improvements Project Approve and authorize the City Manager to execute a Professional Services Agreement with Fehr & Peers for Environmental Clearance, Final Design, and Construction Support services for the HSIP Cycle 12 Citywide Signalized Intersections Systemic Safety Improvements Project in the amount of $82,100 in such final form as approved by the City Attorney and authorize City Manager to execute change orders not to exceed a 10% contingency for unanticipated costs.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: June 24, 2025
Subject: Professional Services Agreement with Fehr & Peers to Provide Environmental Clearance, Final Design (PS&E) and Construction Support for HSIP Cycle 12 Citywide Signalized Intersections Systemic Safety Improvements Project
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with Fehr & Peers for Environmental Clearance, Final Design, and Construction Support services for the HSIP Cycle 12 Citywide Signalized Intersections Systemic Safety Improvements Project in the amount of $82,100 in such final form as approved by the City Attorney and authorize City Manager to execute change orders not to exceed a 10% contingency for unanticipated costs.
Background
For the Highway Safety Improvement (HSIP) Cycle 12 grant, 288 project were selected from a candidate pool of 330 applicants. City secured the HSIP Cycle 12 grant to upgrade to retroreflective signal backplates at thirty existing intersections and pedestrian countdown heads at two (2) intersections throughout the City.
Professional Services Agreement will authorize Fehr & Peers to start the design of citywide intersection improvements at thirty existing intersections throughout the city. The intersections were determined from the City adopted Local Road Safety Plan while preparing the HSIP Cycle 12 application for funding. These locations were identified as having the highest collision rates of existing at existing signalized intersections that do not currently have any projects or funding for improvements. These intersections are identified in Attachment 2 - Project Map.
HSIP Cycle 12 Citywide
Discussion
Fehr & Peers will provide civil engineering services necessary for environmental clearance, final PS&E, and construction support for the intersection improvements at thirty existing locations throughout the City and pedestrian enhancements at two (2) locations. The scope of services includes project management, conduct field reviews, preparation of final PS&E package, and provide construction support.
Fiscal Impact
The Professional Services Agreement will result in a cost of $82,100 plus additional 10% in contingency not to exceed amount of $90,310. Funding has been budgeted in CIP for Fiscal Year 25/26.
Attachments
Attachment 1 - Professional Services Agreement
Exhibit A - Scope & Fee
Attachment 2 - Project Map
Engineering
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
Fehr & Peers
Environmental Clearance, Final Design (PS&E) and Construction Support for HSIP Cycle 12 This Agreement for Professional Services (the “Agreement”) is made and entered into as of June 24, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Fehr & Peers, a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Environmental clearance, preparation of final PS&E package and construction support for HSIP Cycle 12 Citywide Intersection project.
B. Consultant has submitted to City a proposal, dated May 22, 2025, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Eighty Two Thousand One Hundred dollars ($82,100) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Fehr & Peers
Attn: Jason Pack
3750 University Ave, Suite 225
Irvine, CA 92501
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Fehr & Peers, a Corporation
By: Jason Pack
Its: Principal
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]
May 22, 2025
Remon Habib, P.E.
City Engineer
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA, 92530
Subject: HSIP Cycle 12 Signalized Intersection Systemic Safety Improvements – Environmental, Final Engineering Plans, Specifications, Cost Estimate (PS&E), and Construction Support
Dear Remon:
Fehr & Peers is pleased to submit this proposal to assist Lake Elsinore in upgrading thirty existing traffic signals throughout the City. Fehr & Peers will prepare final engineering plans, specifications, and cost estimate (PS&E) for the installation of retroreflective traffic signal backplates at thirty intersections and installation of pedestrian countdown heads and APS push buttons at two intersections along Auto Center Drive at Diamond Drive and Mill Street. As we discussed, Fehr & Peers will assist with the following:
• Virtual kick-off meeting with city staff, monthly project coordination meeting with the City and attendance at City attendance at City Council Meetings/Council Study Sessions. This includes participation in up to five (5) total meetings, including the kick-off meeting, coordination meetings, and/or any Council Meetings/Study Sessions. Fehr & Peers will also prepare meeting agendas and meeting minutes for project meetings. • Development of a project schedule for the environmental, design, and construction support phases. The schedule will be distributed to the City and updated at each project meeting. The schedule will include the expected duration for all relevant tasks and identify critical paths. • Performance of Quality Control and Quality Assurance (QC/QA) for all project plans and documents to ensure efficiency and effectiveness of the project. Fehr & Peers will document and share our QC/QA procedures with the City. The plans will also be reviewed to ensure that the design is consistent with funding requirements.
• Assistance in preparing the Request for Authorizations (RFA), finance letters, and record audits and attend up to three additional meetings with the City and Caltrans District 8 Local Assistance, if required, to discuss the funding authorization. • Field review of each signal location for up to thirty (30) intersections. The field review will include photos of existing conditions, review of existing traffic signal equipment relevant to the upgrades, comparison of as-builts to the field condition, and identification of any issues P
regarding equipment location, equipment operations, and/or equipment compatibility. Fehr & Peers will also coordinate with the City or other agencies’ traffic signal maintenance staff for assistance with the review.
• Preparation and submittal of environmental documentation and clearances necessary for project construction. Fehr & Peers will prepare the Caltrans Preliminary Environmental Study (PES) form.
• Preparation of 65% and 100% traffic signal modification plans to show the installation of retroreflective signal backplates, pedestrian countdown heads, and APS push buttons. Fehr & Peers will obtain record drawings of existing signals from City Staff. Fehr & Peers assumes that these minor signal modifications can be handled as delta-revisions to the existing asbuilt plans. However, this approach depends on the condition and accuracy of the as-builts and will need to be evaluated and refined once the City provides as-builts for all intersections. Fehr & Peers will design up to thirty (30) traffic signal sheets. Fehr & Peers will address up to one (1) round of comments from the various agencies, for a total of two submittals (65% and 100%) with the final submittal considered final and bid-ready. • Preparation of special provisions, if necessary, for items of work and conditions not covered by the Standard Specifications for Public Work Construction in the City’s format and the boilerplate materials provided.
• Preparation quantity and cost estimate for the delta-revision traffic signal plans for the 65% and 100% submittal. The cost estimate will utilize data from the most recent similar projects and the costs will be approved by the City, if available. • Construction support including participation in a pre-bid meeting and pre-construction meeting as directed by the City, response to contractor’s request for information (RFIs), design services for revisions to the construction documents, and up to three (3) site visits during construction as requested by the City. While the ultimate level of effort needed depends on the availability of City staff, including field inspectors, and the experience of the selected contractor, Fehr & Peers assumes up to 56 hours of staff time. The ultimate level of effort for these tasks can be scoped out once the level of effort is determined.
P
SCHEDULE & FEE
We will complete the tasks above on a time-and-materials basis. Our fee request is authorization of up to $82,100 to assist with this effort but will largely be dependent on the amount of staff time needed to assist with each of these efforts.
Sincerely,
FEHR & PEERS
Jason D. Pack, P.E.
Principal
Karina Carranza
Engineer/Planner
2024 CLIENT SURVEY RESULTS
After every project, we check
in with our clients—and we truly
value their feedback:
Unincorporated
Riverside County
City of
Perris
City of
Canyon Lake
City of
Menifee
City of
Wildomar
6 7
5 9
10 8
30 29
18 19
28 4 3
17 16
15 14
23 22
20 21
13 25
2 1
12 26
24 27
11 1 Auto Center Drive & Franklin Street
2 Auto Center Drive & Mill Street
3 Canyon Hills Road & Hillside Drive
4 Canyon Hills Road & Lost Road
5 Central Avenue/SR-74 & Ardenwood Way
6 Central Avenue/SR-74 & Cambern Avenue
7 Central Avenue/SR-74 & Conard Avenue
8 Central Avenue/SR-74 & Riverside Street
9 Central Avenue/SR-74 & Rosetta Canyon Drive
10 Central Avenue/SR-74 & Trellis Lane
11 Corydon Road & Palomar Street
12 Diamond Drive & Auto Center Drive/Casino Drive
13 Diamond Drive & Lakeshore Drive/Mission Trail
14 Grand Avenue & Audelo Street
15 Grand Avenue & Broadway Avenue
16 Grand Avenue & Lincoln Street
17 Grand Avenue & McVicker Canyon Park Road
18 Lake Street & Alberhill Ranch Road
19 Lakeshore Drive & Lake Street
20 Lakeshore Drive & Machado Street
21 Lakeshore Drive & Terra Cotta Road
22 Lakeshore Drive & Viscaya Street
23 Machado Street & Lincoln Street
24 Mission Trail & Campbell Street
25 Mission Trail & Corydon Road
26 Mission Trail & Malaga Road
27 Mission Trail & Olive Street
28 Mountain Street & Lake Street
29 Summerhill Drive & Canyon Estates Drive
30 Summerhill Drive & Via Scencia
2 Auto Center Drive & Mill Street
12 Diamond Drive & Auto Center Drive/Casino Drive
# Intersection Name
Retroreflective Signal Backplates
Pedestrian Countdown Heads &
Leading Pedestrian Interval
Exhibit 2-3A
Vicinity Map
´
0 1
Miles
Retroreflective Signal Backplates
Pedestrian Countdown Heads &
Leading Pedestrian Interval
Unincorporated Riverside County
Other CiƟes
Lake Elsinore
24) KB Home Coastal TR 25475 & 33725 Tuscany Crest Haul Route Approve a request for the haul route including hours of operation for the Tuscany Crest project and authorize the Mayor and City Manager to execute the haul route construction agreement.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: June 24, 2025
Subject: KB Home Coastal TR 25475 & 33725 Tuscany Crest Haul Route Recommendation
Approve a request for the haul route including hours of operation for the Tuscany Crest project and authorize the Mayor and City Manager to execute the haul route construction agreement.
Background
In August of 2010, City Council passed Ordinance 1271. The ordinance requires all projects with transportation of earth materials in excess of 5,000 cubic yards to have their haul routes approved by the City Council. KB Homes Coastal (KB Homes) is requesting approval of a haul route to be used during the subject development’s import phase.
Discussion
Grading work has commenced for the Tuscany Crest project site. Import of material is required to elevate the site. KB Homes will import approximately 50,000 cubic yards of material from a project site in the unincorporated County of Corona. Richard Lopez Construction, Inc. has been contracted with KB Homes to conduct the import. There will be one (1) haul route:
Travel from Export Site (Loaded) Trucks:
• Left on De Palma Road
• Right on Indian Truck Trail
• Right onto Interstate 15 (Southbound)
• Left on Central Avenue
• Right on Greenwald Ave to the project site
Travel to Export Site (Unloaded) Trucks:
• Left on Greenwald Ave
• Left on Central Avenue
Tuscany Crest Haul Route
• Right onto Interstate 15 (Northbound)
• Left on Indian Truck Trail
• Left onto De Palma Road to export site
The approved hours of work will be from 8:00 am to 4:00 pm, Monday through Friday, to minimize the impact on rush hour traffic. Once commenced, the import will continue for up to 23 working days. Richard Lopez Construction, Inc. has provided a video log of the condition of the haul route.
KB Homes has posted a $5,000 cash deposit that is refundable upon successful completion of hauling and cleanup activities.
Conditions for this hauling process are as follows:
1. Provide equipment in the form of a front-end load or two (2) skid steer loaders, including operator, trailer and tow vehicle, street sweeper, and dump truck to respond within 30 minutes of any report spill along the haul route.
2. Distribute the haul route and hours of operations to all haul truck operators prior to hauling operations.
3. Provide “Slow Trucks” signs at designated locations as approved by the City Engineer.
4. Provide a flagman to aid with traffic control at the entrance to the project site.
5. Provide dust control measures, including water trucks at receiving locations.
6. Daily sweeping of all impacted roads at the discretion of the City Engineering Inspector.
7. Provide documentation that the trucks being used have passed CHP and/or DMV inspections within the past 12 months.
8. Violations of any of these conditions will result in the stoppage of work until a Safety and Compliance meeting with the Inspector and City Engineer can be held.
9. It is the Developer’s responsibility to file and obtain a grading permit with the property jurisdiction(s) at the borrow site.
10. The City reserves the right to modify hours of operation, restrict the number of daily trips, or a combination thereof, should hauling interfere with school traffic to avoid drop-off and pick-up times or should the hauling adversely impact peak hour travel.
Fiscal Impact
KB Homes, pursuant to the plans and specifications, will be responsible for any damage occurring to the city streets, and will place security with the City to guarantee such.
Attachments
Attachment 1 - Haul Route Agreement
Attachment 2 - Haul Route Map
Attachment 3 - Haul Route Questionnaire
Engineering
HAUL ROUTE MAP
25) Amendment No. 1 to the Professional Services Agreement with Lochner (formerly KOA Corporation) for the HSIP Cycle 11 Project
Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Lochner (formerly KOA Corporation) in the amount of $125,049 plus a 10% contingency for additional services to complete pedestrian ramp design for the HSIP Cycle 11 Project for a total contract amount not to exceed $205,038, in such final form as approved by City Attorney.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: June 24, 2025
Subject: Amendment No. 1 to the Professional Services Agreement with Lochner (formerly KOA Corporation) for the HSIP Cycle 11 Project Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Lochner (formerly KOA Corporation) in the amount of $125,049 plus a 10% contingency for additional services to complete pedestrian ramp design for the HSIP Cycle 11 Project for a total contract amount not to exceed $205,038, in such final form as approved by City Attorney.
Background
For the Highway Safety Improvement Program (HSIP) Cycle 11 grant, 286 projects were selected from a candidate pool of 434 applications. In 2023, the City of Lake Elsinore (City) secured the Cycle 11 grant to upgrade nine (9) existing pedestrian crossings through the city, where locations were selected based on historical collision data.
Discussion
The following are tasks warranted in the additional scope:
• Topographic Survey – Conduct a survey at each curb ramp, capturing full topography of the curb return; prepare a base map using topographic survey information that will be used as a reference for the final design plans
• Final Design – Evaluation of 31 curb ramps at the existing nine (9) RRFB intersection locations; preparation of final design plans, specifications, and engineer’s estimate (PS&E).
HSIP Cycle 11 Amendment
• Construction Support – Review of shop drawings, submittals, and change orders; responses to Request for Information; addressing minor design changes during construction; preparation of record drawings/as-built plans Fiscal Impact
The additional professional services have been programmed in the CIP.
Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Proposal
Attachment 2 - Original Agreement
Engineering
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
KOA Corporation
Final PS&E and Construction Support
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 6/24/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and KOA Corporation, a Corporation (“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 11/12/2024, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount of Seventy Nine Thousand Nine Hundred Eighty Nine dollars ($79,989).
C. The Original Agreement had a term of services ending on 6/30/2025.
D. The parties now desire to amend the scope of services, term and increase the payment for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:
Consultant shall also perform the services described in Consultant’s 10/21/2024 Proposal (attached to this Amendment No. 1 as Exhibit A1). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.
2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:
Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant’s Proposal (Exhibit A to the Original Agreement) and Consultant’s 6/12/2025 Proposal (Exhibit A-1 to Amendment No. 1).
In no event shall Consultant’s compensation related to Exhibit A to the Original Agreement exceed Seventy Nine Thousand Nine Hundred Eighty Nine dollars ($79,989) without additional written authorization from the City. In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed One Hundred Twenty Five Thousand Forty Nine dollars ($125,049). Total compensation shall not exceed Two Hundred Five Thousand Thirty Eight dollars ($205,038).
Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
KOA Corporation, a corporation
City Manager
Date:
Giuseppe Canzonieri, Principal
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
City of Lake Elsinore – Curb Ramp Design (PS&E) Page 1
00024023 – Amendment No.1
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com
MONTEREY PARK ORANGE ONTARIO SAN DIEGO
June 12, 2025
Yu Tagai, PE
Assistant City Engineer
City of Lake Elsinore
951-674-3124 (x246)
Subject: HSIP Cycle 11 Application (08 – Lake Elsinore-2) - Rectangular Rapid Flashing Beacon (RRFB) Crossings at 9 Locations - Project Plans, Specification, and Cost Estimates (PS&E) (00024023) Amendment No.1 – Curb Ramps Design (PS&E)
Dear Mr. Tagai:
Thank you for requesting KOA Corporation (KOA) to provide this fee proposal for PS&E preparation of upgradation of 23 ADA curb ramps at 9 locations. See Attachment A for the locations. The scope of work and fee estimate are as follows.
SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
This task will include the following items:
Host one virtual kick-off meeting with the City; prepare and circulate agenda, action items and meeting minutes for the kick-off meeting.
Host up to 2 design submittal meetings with the City staff to resolve any project issues. Excludes preparation of agenda, meeting minutes, and action items.
Prepare monthly invoices with their respective progress reports. Conduct internal meetings as needed to resolve any project issues Deliverables:
Host one (1) Kick-off meeting; prepare and circulate meeting minutes, agenda, and action items for one Kick-off meeting (electronic copies).
Host up to two (2) design submittal meetings with the City staff to resolve any project issues. Preparation of meeting minutes, agendas and action items is excluded.
Monthly invoices with progress reports (electronic copies).
TASK 2 – PRELIMINARY ENGINEERING
This task will include the following items:
Topographic Survey – KDM Meridian, Inc. under contract to KOA will perform topographic survey at the 31 locations. Topographic Survey at Each Ramp Location: We will survey each curb ramp, capturing full topography of the curb return—from beginning of curb return (BCR) to end of curb return (ECR) and extending 5 feet into the adjacent street and 5 feet behind the back of walk, except where obstructed by walls or other physical impediments. Monumentation and Ties: Existing centerline monumentation and any ties observed in curb or sidewalk will be located and shown in the drawings. However, the scope does not include research or formal generation of centerline or right-of-way (ROW) information.
Georeferencing and Datum: Surveys will be georeferenced to California State Plane coordinates and tied to a consistent NAVD88 vertical datum, with local control points (either found or set) included in the deliverables.
City of Lake Elsinore – Curb Ramp Design (PS&E) Page 2
00024023 – Amendment No.1
Deliverables:
AutoCAD drawings for each ramp location will be provided, drafted at 1” = 10’ scale, showing existing conditions and accurate grade information. Each drawing will include a digital terrain model (DTM).
Field Review & Site Evaluation – Upon receipt of the topographic survey from KDM Meridian, Inc., we will visit the project site up to two (2) times to verify the existing conditions of 31 curb ramps for ADA compliance. We will document our field review with field notes and photos at each of the 31 curb ramps.
Deliverable:
Field notes & pictures of 31 curb ramps
Base Map Preparation – KOA will prepare a base map using the topographic survey information obtained from KDM Meridian, Inc. This base map will be used as a reference for the final design plans.
Deliverables:
Base Map (to be referenced on the plan sheets)
TASK 3 – FINAL DESIGN
This task will include evaluating 31 Curb Ramps at the 9 RRFB locations. Based on our preliminary review, 23 cub ramps out of 31 will need to be upgraded to be ADA compliant. This task will include the following:
Plans Preparation (total of 6 plan sheets; 4 curb ramp details per sheet) o ADA Curb Ramp Details (Scale: 1” = 5’) – (6)
Technical Specifications Preparation
o KOA will prepare the technical specifications using the City boilerplate, Standard Specifications for Public Works Construction (SSPWC) and Caltrans Standard Specifications. Cost Estimates
o Cost Estimates will be prepared based on available sources such as recent City bid projects, bid prices from other local projects and Caltrans published data (if applicable).
Deliverables:
One electronic submittal of Plans, Specifications, & Estimates at 90%, 100% (Final). One round of comments at 90% will be addressed.
The 100% (final) submittal addressing comments on 90% will be submitted for final approval. The final design will be referenced/reflected into the RRFB Plans.
TASK 4 – CONSTRUCTION SUPPORT
This task will include the following items:
Bid & Construction Support
o Review of shop drawings, submittals, and change orders. o Responses to Requests for Information (RFIs).
o Minor design changes during construction.
Record Drawings/As-Built Plans
City of Lake Elsinore – Curb Ramps Design (PS&E) Page 3 00024023 – Amendment No.1
o Upon completion of construction, KOA will prepare record drawings based on redlines provided by the Contractor and/or the Client’s Construction Manager. As-builts will be submitted as pdf and electronic files as requested by the Client.
Deliverables:
RFI responses.
Applicable design revisions.
Record drawings/As-built plans.
Note: Budget is limited to what is shown in the fee schedule. An amendment will be prepared if construction support goes beyond the allocated budget shown in the fee schedule.
SCOPE OF WORK ASSUMPTIONS & EXCLUSIONS
Our proposal was developed on the following understanding of the project. All submittals will be made electronically.
Additional signage and striping which includes upgrading school zone signage in the vicinity or any “reduced speed school zone ahead” signage is excluded.
Utility potholing is excluded from the scope of work. Utility relocation coordination with the Utility owners is excluded. The City will be solely responsible for coordinating utility relocation with the utility owners. Any unforeseen scope of work items not described above will be considered as additional work and will be discussed with the City.
Any significant changes on the scope will be treated as additional work and a new scope of work and fee will be negotiated with the City.
Field verification of proposed improvements is excluded from our scope of work. During our field reviews, we will assess the curb ramps’ grades and determine the need for transition panels. If we determine that mentioning a Caltrans/City Case Type for curb ramps is adequate for the contractor to build with a standard detail, then we will call out Case Type only in lieu of providing a detailed design. If a truncated dome and/ or zero lip will be adequate, then we will specify it, if all else is compliant.
SCHEDULE
We anticipate approximately 6-month duration (June 25, 2025, through November 21, 2025) to complete the abovementioned scope of work items. This is on the basis that the City will adhere to the said review milestones. Notice To Proceed – June 25, 2025
90% submittal – Plans, Specifications, & Estimate – September 26, 2025 Review comments (one round only) due from the City – October 24, 2025 100% (Final) submittal Plans, Specifications, & Estimate – November 21, 2025
FEE ESTIMATE
KOA Corporation will perform the above specified scope of work at a lump sum fee of $125,048.50. The proposal is valid for 30 days and any individual tasks that are not authorized within 30 days of the date of this proposal are also subject to fee adjustments.
City of Lake Elsinore – Curb Ramp Design (PS&E) Page 4
00024023 – Amendment No.1
AUTHORIZATION
An amendment to the professional service agreement shall be prepared and executed prior to work.
Sincerely,
KOA | A Lochner Company
Giuseppe Canzonieri, PE
Principal | Director of Engineering
ATTACHMENT – A
CITY OF LAKE ELSINORE
EXHIBIT - CURB RAMP LOCATIONS
#1
#3
#7
#9
#2
#4
#5,#6
#8
LEGEND :
-2
-
-
-2
1 -3
3 -4
4 4
1 3
4 -
TOTAL
CURB RAMPS
3 2
4 4
4 3
4 4
4 NON-ADA
COMPLIANT
ADA
COMPLIANT
TOTAL 8 23 31
CROSS
STREETS
LOCATION
#
1 Machado Street at Broadway Street
2 Joy Street at Machado Elementary
3 Heald Avenue at Mohr Street
4 Heald Avenue at Lewis Street
5 Sumner Avenue at Kellogg Street
6 Sumner Avenue at Poe Street
7 Mill Street at Avenue 9
8 Ponte Russo at Ponte Verde
9 Kalanchoe Road at Waxen Drive
Project Locations
CURB RAMP SUMMARY
PROJECT NO. Z10105
MACHADO STREET AT BROADWAY STREET
2 DETAIL B: CROSSWALK DETAIL
CITY OF LAKE ELSINORE
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694
DETAIL C: YIELD LINE DETAIL
Know what's below.
Call before you dig.
MACHADO STREET (40 MPH)
2 3
4 9
10 11
12 16B
18 1
15 19C
19D
22 MONTEREY STREET (25 MPH) BROADWAY STREET (25 MPH)
PUSH
BUTTON TO
TURN ON
WARNING
LIGHTS
CALTRANS
ES-5E
TRENCH IN PAVEMENT
DETAIL
DETAIL F: SOUTH CROSSING
RRFB DETAIL
DETAIL A: NORTH CROSSING
RRFB DETAIL
JOY STREET AT MACHADO ELEMENTARY
CITY OF LAKE ELSINORE 3
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694
DETAIL C: YIELD LINE DETAIL
MACHADO ELEMENTARY SCHOOL
JOY STREET (25 MPH)
Know what's below.
Call before you dig.
1 2
3 4
10 11
18 17
16A
14 12
16C
19A
PUSH
BUTTON TO
TURN ON
WARNING
LIGHTS
DETAIL F: MARKER DETAIL
TYPE D
DETAIL B: CROSSWALK DETAIL
DETAIL A: RRFB DETAIL
HEALD AVENUE AT MOHR STREET
CITY OF LAKE ELSINORE 4
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694 MOHR STREET (25 MPH) W. HEALD AVENUE (25 MPH) MOHR STREET (25 MPH)
W. HEALD AVENUE (25 MPH)
DETAIL C: YIELD LINE DETAIL
Know what's below.
Call before you dig.
1 2
3 10
11 18
19B
7 9
12 4
DETAIL B: CROSSWALK DETAIL
PUSH
BUTTON TO
TURN ON
WARNING
LIGHTS
DETAIL D: RRFB DETAIL
HEALD AVENUE AT LEWIS STREET
CITY OF LAKE ELSINORE 5
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694 LEWIS STREET N. (25 MPH) LEWIS STREET N. (25 MPH) W. HEALD AVENUE (25 MPH)
W. HEALD AVENUE (25 MPH)
DETAIL C: YIELD LINE DETAIL
Know what's below.
Call before you dig.
1 2
3 4
10 11
18 9
12 8
7 19A
PUSH
BUTTON TO
TURN ON
WARNING
LIGHTS
DETAIL B: CROSSWALK DETAIL
DETAIL A: RRFB DETAIL
SUMNER AVENUE AT KELLOG STREET
CITY OF LAKE ELSINORE 6
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694
1 2
3 10
11 18
9 7
19B
4A
4B
W. SUMNER AVENUE (25 MPH)
W. SUMNER AVENUE (25 MPH)
DETAIL C: YIELD LINE DETAIL
Know what's below.
Call before you dig. N. KELLOG STREET (25 MPH) N. KELLOG STREET (25 MPH) PUSH
BUTTON TO
TURN ON
WARNING
LIGHTS
DETAIL B: CROSSWALK DETAIL
DETAIL D: RRFB DETAIL
SUMNER AVENUE AT POE STREET
7 W. SUMNER AVENUE (25 MPH)
CITY OF LAKE ELSINORE
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694
2 3
4 10
11 18
16A
4B
9 12
19A
DETAIL C: YIELD LINE DETAIL
Know what's below.
Call before you dig. N. POE STREET (25 MPH)
W. SUMNER AVENUE (25 MPH)
PUSH
BUTTON TO
TURN ON
WARNING
LIGHTS
DETAIL B: CROSSWALK DETAIL
DETAIL A: RRFB DETAIL
MILL STREET AT AVENUE 9
CITY OF LAKE ELSINORE 8
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694
2 3
10 11
18 17
20 19B
9 1
4A
4 MILL STREET (25 MPH) AVENUE 10 (25 MPH) AVENUE 9 (25 MPH) MILL STREET (15 MPH)
DETAIL C: YIELD LINE DETAIL
Know what's below.
Call before you dig. AVENUE 9 (25 MPH)
PUSH
BUTTON TO
TURN ON
WARNING
LIGHTS
DETAIL E: RRFB DETAIL
*
*
DETAIL B: CROSSWALK DETAIL
DETAIL D: RRFB DETAIL
PONTE RUSSO AT PONTE VERDE
CITY OF LAKE ELSINORE 9
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694
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DETAIL C: YIELD LINE DETAIL
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DETAIL B: CROSSWALK DETAIL
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KALANCHOE ROAD AT WAXEN DRIVE
CITY OF LAKE ELSINORE 10
OF
FILE NO.
REVISIONS
HSIP CYCLE 11 CITYWIDE PEDESTRIAN CROSSWALK ENHANCEMENTS BENCHMARK PLAN PREPARED UNDER SUPERVISION OF:
10 MARK APPRO. DATE THESE PLANS HAVE BEEN REVIEWED FOR COMPLIANCE WITH THE
APPROPRIATE CONDITIONS OF DEVELOPMENT AND/OR CITY AND STATE LAWS
AND HAVE BEEN FOUND ACCEPTABLE
REMON HABIB, RCE No. 83156
CITY ENGINEER
CITY OF LAKE ELSINORE
DATE
SHEET
SHEETS
4/3/2025
A LOCHNER COMPANY
00024023
95% SUBMITTAL
NOT FOR
CONSTRUCTION
Ontario, California 91761
2855 East Guasti Road, Suite 410
Tel: (909) 890-9693 Fax: (909) 890-9694
3 11
16B
17 2
10 12
19A WAXEN DRIVE (25 MPH)
KALANCHOE ROAD (25 MPH)
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DETAIL C: YIELD LINE DETAIL DETAIL B: CROSSWALK DETAIL
DETAIL A: RRFB DETAIL
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
KOA Corporation
Highway Safety Improvement Program (HSIP) Cycle 11 Citywide Pedestrian Crosswalk Enhancement PS&E and Construction Support – Project No. Z10105 This Agreement for Professional Services (the “Agreement”) is made and entered into as of November 12, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and KOA Corporation, a corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
PS&E and construction support for HSIP Cycle 11
B. Consultant has submitted to City a proposal, dated October 21, 2024, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
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c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed SeventyNine Thousand Nine Hundred Eighty Nine dollars ($79,989) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflater or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
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b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7
by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7
by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
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ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
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ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: KOA Corporation
Attn: Giuseppe Canzonieri
5095 Murphy Canyon Road, Suite 330
San Diego, CA 92123
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18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
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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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
KOA Corporation, a corporation
By: Giuseppe Canzonieri
Its: Principal
Attachments: Exhibit A – Consultant’s Proposal
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EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 1 X00024023
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com
MONTEREY PARK ORANGE ONTARIO SAN DIEGO
October 21, 2024
Yu Tagai, PE
Assistant City Engineer
City of Lake Elsinore
951-674-3124 (x246)
Subject: HSIP Cycle 11 Application (08 – Lake Elsinore-2) Rectangular Rapid Flashing Beacon (RRFB) Crossings at 9 Locations - Project Plans, Specification, and Cost Estimates (PS&E) Dear Mr. Tagai:
Thank you for requesting KOA Corporation (KOA) to provide this fee proposal for PS&E preparation of Rectangular Rapid Flashing Beacon (RRFB) Crossings at nine (9) Locations as shown in Attachment A. The scope of work is provided below for your review, followed by a fee estimate. KOA has prepared the scope of design work and fee schedule based on communication with you. Let us know if you have any questions or comments regarding this letter proposal.
PROJECT UNDERSTANDING
It is our understanding that the City desires design support to prepare PS&E for pedestrian safety improvements at the following nine locations. The improvements include upgrading the existing crosswalks by installing solar powered Rectangular Rapid Flashing Beacons (RRFB) and advanced yield line pavement markings and signs. The City has provided a list of projects and sketches illustrating the desired footprint of the rectangular rapid flashing locations with ladder type crosswalk features.
Location 1 – Machado Street and Broadway Street
Location 2 – Joy Street at Machado Elementary
Location 3 – Heald Avenue at Mohr Street
Location 4 – Heald Avenue at Lewis Street
Location 5 – Sumner Avenue at Kellogg Street
Location 6 – Sumner Avenue at Poe Street
Location 7 – Mill Street at Avenue 9
Location 8 – Ponte Russo at Ponte Verde
Location 9 – Kalanchoe Road at Waxen Drive
We anticipate that the City will provide KOA with GIS aerial files, and any typical sections and details already developed for the safety improvements.
SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
This task will include the following items:
Host one virtual kick-off meeting with the City; prepare and circulate agenda, action items and meeting minutes for the kick-off meeting.
Host up to 2 design submittal meetings with the City staff to resolve any project issues. Excludes preparation of agenda, meeting minutes, and action items.
Prepare monthly invoices with their respective progress reports. Conduct internal meetings as needed to resolve any project issues Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 2 X00024023
Deliverables:
Host one (1) Kick-off meeting; prepare and circulate meeting minutes, agenda, and action items for one Kick-off meeting (electronic copies).
Host up to two (2) design submittal meetings with the City staff to resolve any project issues. Preparation of meeting minutes, agendas and action items is excluded.
Monthly invoices with progress reports (electronic copies).
TASK 2 – PRELIMINARY ENGINEERING
This task will include the following items:
Record Research & As-Built Review - KOA will work with the City to obtain record drawings and documents relevant to the work site. Record drawings and documents can include, but are not limited to existing improvement plans, existing topographic maps, centerline ties, corner records, as-built plans, utility plans, etc. We will send our request for record drawings and documents through the City’s Project Manager. The KOA team will review the project information provided by the City.
Utility Research, Notification, & Mapping - KOA will obtain from the City a list of utility companies known to own and operate facilities within 100 feet of the 9 improvement locations. KOA Team will email notices with our standard utility response form and a project site map to the list of utility companies provided by the City. Our requests will include record drawings of their facilities, prior rights information, and any planned upgrades expected in the near future. Utility responses will be logged, and information regarding existing facilities will be shown on our plans. In some cases, the utility owner may require a request presented on the City’s letterhead. If needed, we will coordinate these situations with the City’s Project Manager. KOA will provide the City Project Manager with a utility response list, maps, and/or data received when all utility companies have responded. KOA will compile facility maps received from the utility agencies and develop a utility base map that will be referenced in the project plans.
Deliverables:
Utility Information Log (excel file) and any maps received from the Utility owners. Utility base map.
Field Review & Site Evaluation –Upon receipt of the GIS files, topographic survey and any available as-built records from the City, we will visit the project site up to two (2) times to verify and document existing conditions. We will investigate and verify existing roadway geometry, utility manholes/valves, signing and striping, traffic signals, power poles, cabinets, fire hydrants, etc. We will document our field review with field notes and photos.
Deliverables:
Field notes & pictures.
Base Map Preparation – KOA will prepare a base map using the GIS aerial images/topo files provided by the City and use it a reference on the final design plans.
Deliverables:
Base Map (to be referenced on the plan sheets)
Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 3 X00024023
TASK 3 – FINAL DESIGN
This task will include the following items:
Plans Preparation (total of 10 plan sheets)
o Title Sheet - (1)
o Plan Sheets (Scale: 1” = 20’) – (9)
This sheet will include construction notes, RRFB, Signing & Striping Notes, RRFB details and other relevant construction details.
Technical Specifications Preparation
o KOA will prepare the technical specifications using the City boilerplate, Standard Specifications for Public Works Construction (SSPWC) and Caltrans Standard Specifications. Cost Estimates
o Cost Estimates will be prepared based on available sources such as recent City bid projects, bid prices from other local projects and Caltrans published data (if applicable).
Deliverables:
One electronic submittal of Plans, Specifications, & Estimates at each phase - 60%, and 100%.
TASK 4 – CONSTRUCTION SUPPORT (OPTIONAL SERVICE)
This task will include the following items:
Bid & Construction Support
o Review of shop drawings, submittals, and change orders. o Responses to Requests for Information (RFIs).
o Minor design changes during construction.
Record Drawings/As-Built Plans
o Upon completion of construction, KOA will prepare record drawings based on redlines provided by the Contractor and/or the Client’s Construction Manager. As-builts will be submitted on mylars as requested by the Client.
Deliverables:
RFI responses.
Applicable design revisions.
Record drawings/As-built plans.
Note: Budget is limited to what is shown in the fee schedule. An amendment will be prepared if construction support goes beyond the allocated budget shown in the fee schedule.
SCOPE OF WORK ASSUMPTIONS & EXCLUSIONS
Our proposal was developed on the following understanding of the project. All submittals will be made electronically.
The City will provide aerial GIS files with R/W lines. No survey will be conducted. The design of intersection safety lighting is excluded. ADA assessment of existing curb ramps and curb ramp design is excluded from our scope of work.
Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 4 X00024023
Additional signage and striping which includes upgrading school zone signage in the vicinity or any “reduced speed school zone ahead” signage is excluded.
RRFB systems will be solar powered and wireless. Therefore, underground conduit, wiring diagrams, and coordination with Southern California Edison (SCE) will not be required. Utility potholing is excluded from the scope of work. Utility relocation coordination with the Utility owners is excluded. The City will be solely responsible for coordinating utility relocation with the utility owners. Any unforeseen scope of work items not described above will be considered as additional work and will be discussed with the City.
Any significant changes on the scope will be treated as additional work and a new scope of work and fee will be negotiated with the City.
Field verification of proposed improvements is excluded from our scope of work.
SCHEDULE
We anticipate a 6-month duration (November 14, 2024, through April 25, 2025) to complete the above-mentioned scope of work items. This is on the basis that the City will adhere to the said review milestones.. Notice To Proceed – November 15, 2024
Receive GIS Files, As-Builts, Topographic Files from the City – December 20, 2024 60% submittal – Plans, Specifications, & Estimate – February 14, 2025 Review comments (one round only) from the City – March 14, 2025 100% submittal Plans, Specifications, & Estimate – April 25, 2025
FEE ESTIMATE
KOA Corporation will perform the above specified scope of work at a Lump Sum fee of $75,489. The optional service can be performed at a Lump Sum fee of $4,500. Note that the budget for the optional service is limited to what is shown in the fee schedule. Any effort made beyond the allocated budget will require an amendment. The combined total of the base services and optional tasks is $79,989. The proposal is valid for 30 days and any individual tasks that are not authorized within 30 days of the date of this proposal are also subject to fee adjustments.
Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 5 X00024023
AUTHORIZATION
A professional service agreement shall be prepared and executed prior to work.
Sincerely,
KOA | A Lochner Company
Giuseppe Canzonieri, PE
Principal | Director of Engineering
Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7
ATTACHMENT – A
(Exhibits for 9 Locations)
Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7 Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT EROTH- STATUTE
PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
11/19/2024
Edgewood Partners Insurance Agency
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Greyling COI Specialist
770.670.5324 770.670.5324
[email protected]
The Continental Insurance Company 35289
HWLOCHNE National Fire Insurance Co of Hartford 20478
KOA Corporation
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
American Casualty Co of Reading, PA 20427
Lloyd's of London 85202
648114581
A X 1,000,000
X 1,000,000
15,000
1,000,000
2,000,000
X
7092014905 5/1/2024 5/1/2025
2,000,000
B 1,000,000
X
X X
7091863062 5/1/2024 5/1/2025
A X X 7092036547 5/1/2024 5/1/2025 15,000,000
15,000,000
X
10,000
C
A
X
N
7092004665 (AOS)
7092009168 (CA)
5/1/2024
5/1/2024
5/1/2025
5/1/2025
1,000,000
1,000,000
1,000,000
D Professional Liability incl.
Pollution Liability
B0146LDUSA2405260 5/1/2024 5/1/2025 Per Claim
Aggregate
$10,000,000
$10,000,000
KOA project number/name 000024023 City of Lake Elsinore - HSIP Cycle 11 Project - RRFB's 9 Intersection Improvements project.
City of Lake Elsinore, 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 on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. The above referenced liability policies are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder.
City of Lake Elsinore
130 South Main Street
Lake Elsinore CA 92530
Docusign Envelope ID: 67794CE3-A201-485C-8858-0D34F74B30E7
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date:
Description:
Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
1100 CORPORATE CENTER DR STE 201 Business Type:
MONTEREY PARK, CA 91754-7691
KOA CORPORATION
1100 CORPORATE CENTER DR STE 201
MONTEREY PARK, CA 91754-7691
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
KOA CORPORATION
KOA CORPORATION
PROFESSIONAL/ENGINEERS
ENGINEERING AND PLANNING SERVICES
025686
2/1/2024 1/31/2025
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: 67794CE3-A201-485C-8858-0D34F74B30E7 26) Purchase of One (1) Diesel Elgin Broom Badger Sweeper Approve and authorize the City Manager to execute a Purchase Order with Haaker Equipment in an amount not to exceed $358,849.99 for One (1) Diesel Elgin Broom Badger Sweeper in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $35,884.99 for uncertainties and adjustments.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: June 24, 2025
Subject: Purchase of One (1) Diesel Elgin Broom Badger Sweeper Recommendation
Approve and authorize the City Manager to execute a Purchase Order with Haaker Equipment in an amount not to exceed $358,849.99 for One (1) Diesel Elgin Broom Badger Sweeper in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $35,884.99 for uncertainties and adjustments.
Background
This advanced sweeper is equipped with dual hydraulically driven side brooms and a conveyer squeegee, enhancing cleaning efficiency and allowing for faster and more thorough street maintenance. Mounted on a 2023 Isuzu NRR chassis, this sweeper represents the department's first acquisition of a sweeper, marking a transition from rental to ownership, which enhances operational efficiency and cost-effectiveness.
Discussion
Owning a sweeper eliminates the ongoing rental costs, leading to savings and reducing the department's overall budget for street maintenance and other activities necessary for compliance with clean water requirements. Having a sweeper available at all times allows the department to respond promptly to roadway cleaning needs, particularly after storm events, without relying on rentals being available.
This Diesel Elgin Broom Badger Sweeper has been competitively bid and priced on Sourcewell, Contract # 093021-ELG. Sourcewell, formerly known as the National Joint Powers Alliance, was established as a service cooperative to provide programs and services to its members in education and government.
Purchase Order Diesel Broom Sweeper
Sourcewell uses competitive practices to solicit, evaluate, and award cooperative purchasing contracts for goods and services. Sourcewell cooperative purchasing contracts are then made available to member agencies. Member agencies include all eligible government, education, and non-profit agencies nationwide.
Waive of Competitive Bidding Procedures
Under Section 3.08.070(C) of the Municipal Code, a commodity or service can be obtained through a cooperative purchasing program devoted to local government procurement without further bidding.
Therefore, staff recommends that the City Council waive further competitive bidding and authorize the City Manager to purchase the Diesel Broom Badger Sweeper as outlined in this agenda report and in compliance with Municipal Code Section 3.08.070(C).
Fiscal Impact
Funds are budgeted in the Fiscal Year 2025-26 NPDES Budget.
Attachments
Attachment 1 - Agreement
Attachment 2 - Quote
Public Works
2070 NORTH WHITE AVENUE, LA VERNE, CALIFORNIA 91750
(909) 598-2706 ~ HAAKER.COM
SOURCEWELL QUOTE
JUNE 3, 2025
TO: CITY OF LAKE ELSINORE ATTN: MR. DANIEL SAAVEDRA
521 NORTH LANGSTAFF STREET (951) 471-1251
LAKE ELSINORE, CA 92530 EMAIL: [email protected]
IN ACCORDANCE WITH YOUR REQUEST, WE ARE PLEASED TO SUBMIT THE FOLLOWING PROPOSAL FOR
YOUR CONSIDERATION AND APPROVAL BASED ON THE SOURCEWELL COOPERATIVE PURCHASING AGREEMENT – CONTRACT # 093021-ELG.
ONE (1) DIESEL ELGIN BROOM BADGER SWEEPER (82158-4)
CONVEYOR SQUEEGEE, DUAL, HYDRAULICALLY DRIVEN SIDE BROOMS, VARIABLE HEIGHT UP TO 10 FT, LEFT SIDE DUMPING HOPPER AND SWEEPER IS PAINTED ELGIN WHITE. MOUNTED ON A 2023 ISUZU NRR CHASSIS.
INCLUDES THE FOLLOWING STANDARD AND OPTIONAL EQUIPMENT:
STANDARD & OPTIONAL ITEMS INCLUDE:
AM/FM RADIO W/ CD
AUX-ENGINE KUBOTA V2403M
59HP, TIER 4I
LOW ENGINE OIL PRESSURE,
HIGH COOLANT TEMP, HYD OIL
LEVEL/TEMP SHUTDOWN
BROOM SIDE, 36" AND 42"
STEEL VERTICAL DIGGER 4 AND
5 SEGMENT
BROOM SIDE, HYDRAULIC
FLOATING SUSPENSION,
ADJUSTABLE SPRING LOADED
DEPLOY
BROOM, MAIN, 34" DIAMETER,
58" WIDE PREFAB DISPOSABLE
CONVEYOR CHAIN, HARDENED
WITH POLYURETHANE
SPROCKETS
CONVEYOR, 8 FLIGHT SQUEEGEE
WITH RUBBER EDGING
CONVEYOR, LIFT INDEPENDENT
FROM MAIN BROOM
CONVEYOR, TWO PIECE
REPLACEABLE WEAR PLATES
CONVEYOR RAISE IN
REVERSE
CONVEYOR STALL ALARM
DIRT SHOES, HEAVY DUTY
STEEL
ELECTRIC BACKUP ALARM
FRONT SPRAY BAR
HOPPER INSPECTION DOOR
PM 10 COMPLIANT
SIDEBROOM TILT RIGHT
HAND
SIDEBROOM TILT LEFT HAND
HYDRANT WRENCH
5# FIRE EXTINGUISHER
SAFETY TRIANGLES
EXT WTY 3 YR P/L MECH
LIGHT PACKAGE: SMALL LED
TRAFFIC ADVISOR, STROBES
AND SWITCHBOX
UNIT PRICE:.............................................................................................................$ 335,762.00 SOURCEWELL DISCOUNT: ............................................................................(-$ 5,785.00) SOURCEWELL PRICE: ......................................................................................... $ 329,977.00 SALES TAX (8.750%) ..............................................................................................$ 28,872.99 TOTAL PRICE, FOB: LAKE ELSINORE, CA: ....................................................$ 358,849.99
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO
WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: PRICE IS GOOD FOR 30 DAYS . COST INCREASES DUE TO THE ADDITION OF GOVERNMENT
MANDATED SAFETY OR ENVIRONMENTAL DEVICES INCURRED AFTER THE DATE OF THIS PROPOSAL, WILL BE CHARGED TO YOU AT OUR COST. PROOF OF SUCH COSTS, IF ANY, WILL BE DOCUMENTED.
TAXES: SALES TAX APPLICABLE AT TIME OF DELIVERY WILL BE SHOWN ON OUR INVOICE. FEDERAL EXCISE TAXES, IF APPLICABLE, WILL REQUIRE PAYMENT UNLESS A PROPERLY EXECUTED EXEMPTION CERTIFICATE IS SUBMITTED.
DELIVERY: 30-45 DAYS TERMS: NET TERMS OR APPROVED FINANCING
WE APPRECIATE THE OPPORTUNITY TO PRESENT THIS PROPOSAL AND LOOK FORWARD TO BEING OF FURTHER AND CONTINUED SERVICE.
HAAKER EQUIPMENT COMPANY ACCEPTED BY:
BY: George Lopez DATE:
GEORGE LOPEZ
AREA SALES MANAGER
27) Approval of Fiscal Year 2025-26 Rates with the County of Riverside for Maintenance of City Traffic Signals and Safety Lighting
Approve the Fiscal Year 2025-26 rates for the County of Riverside Transportation Department (County) Agreement for Traffic Signal and associated hardware maintenance, emergency call-out services, and inventory of City traffic signal equipment maintained by the County.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: June 24, 2025
Subject: Approval of Fiscal Year 2025-26 Rates with the County of Riverside for Maintenance of City Traffic Signals and Safety Lighting Recommendation
Approve the Fiscal Year 2025-26 rates for the County of Riverside Transportation Department (County) Agreement for Traffic Signal and associated hardware maintenance, emergency callout services, and inventory of City traffic signal equipment maintained by the County.
Background
On March 9, 2015, the agreement for maintaining traffic signals and safety lighting between the County of Riverside Transportation Department and the City was executed. Since then, the County has effectively and promptly maintained the City’s traffic signals. In addition, the agreement’s provisions include emergency call-out services that may frequently be required due to accidents, traffic collisions, and resulting damage to signals and equipment. The County has provided these services in a timely and effective manner.
The City is responsible for operating and maintaining 45 traffic signals and their associated equipment, either in whole or in conjunction with neighboring jurisdictions. The shared signals have cost-sharing agreements for operation and maintenance. The remaining traffic signals are maintained solely by the City.
Discussion
To continue providing excellent service, the County requests an increase in labor rates. In response to the City’s request, the County will conduct an inventory of signals and equipment for Fiscal Year 2025-2026. The inventory will include recommendations for preventive maintenance and replacing older equipment to reduce the system’s costs.
Traffic Signal and Safety Lighting Maintenance Rates
Fiscal Impact
Funds are budgeted for the Fiscal Year 2025-26 Annual Operating Gas Tax Budget.
Attachments
Attachment 1 - Agreement
Exhibit A - Rate Sheet
Public Works
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
AUDELO ST/PATRICK CT & GRAND AVE COUNTY OF RIVERSIDE 75 Date Energized 12/9/2004 CITY OF LAKE ELSINORE 25
SG: 1351
LT:
FL:
GRAND AVE & ONTARIO WAY COUNTY OF RIVERSIDE 83
Date Energized 12/14/2005 CITY OF LAKE ELSINORE 17
SG: 1363
LT:
FL:
LINCOLN ST & WESTWIND DR CITY OF LAKE ELSINORE 100
Date Energized 1/24/2005
SG: 7090
LT:
FL:
CANYON HILL FIRE STATION & RAILROAD CANYON RD CITY OF LAKE ELSINORE 100 Date Energized 6/21/2005
SG: 7098
LT:
FL:
BROADWAY AVE & GRAND AVE CITY OF LAKE ELSINORE 100
Date Energized 8/29/2005
SG: 7102
LT:
FL:
CHURCH RD & RAILROAD CANYON RD CITY OF LAKE ELSINORE 100 Date Energized 3/16/2006
SG: 7107
LT:
FL:
CANYON HILLS RD & MARKET PLACE DWY CITY OF LAKE ELSINORE 100 Date Energized 5/18/2006
SG: 7111
LT:
FL:
LAKESHORE DR & VISCAYA RD CITY OF LAKE ELSINORE 100
Date Energized 6/21/2006
SG: 7117
LT:
FL:
AUTO CENTER DR & FRANKLIN ST CITY OF LAKE ELSINORE 100
Date Energized 10/3/2006
SG: 7126
LT:
FL:
Report Date: 11/8/2023 Page 1 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
ARDENWOOD WY & ROSETTA CANYON RD CITY OF LAKE ELSINORE 100 Date Energized 12/28/2006
SG: 7130
LT:
FL:
ELSINORE HILLS RD & ROSETTA CANYON DR CITY OF LAKE ELSINORE 100 Date Energized 12/28/2006
SG: 7131
LT:
FL:
ELBERTA RD/HIDDEN TRL & MISSION TRL CITY OF LAKE ELSINORE 50 Date Energized 4/28/2011 CITY OF WILDOMAR 50
SG: 7142
LT:
FL:
LAKE ST & TEMESCAL CANYON RD CITY OF LAKE ELSINORE 100
Date Energized 7/5/2007
SG: 7147
LT:
FL:
CANYON HILLS RD & COTTONWOOD CANYON RD CITY OF LAKE ELSINORE 100 Date Energized 9/11/2007
SG: 7158
LT:
FL:
CANYON HILLS RD & HILLSIDE DR CITY OF LAKE ELSINORE 100 Date Energized 9/11/2007
SG: 7159
LT:
FL:
CORYDON ST & UNION ST CITY OF LAKE ELSINORE 25
Date Energized 5/24/2007 COUNTY OF RIVERSIDE 25
SG: 7196
CITY OF WILDOMAR 50
LT:
FL:
CORYDON ST & PALOMAR ST CITY OF LAKE ELSINORE 50
Date Energized 8/31/2006 CITY OF WILDOMAR 50
SG: 7197
LT:
FL:
MALAGA RD & MISSION TRL CITY OF LAKE ELSINORE 75
Date Energized 6/26/1995 CITY OF WILDOMAR 25
SG: 7200
LT:
FL:
Report Date: 11/8/2023 Page 2 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
ALBERHILL RANCH RD & LAKE ST CITY OF LAKE ELSINORE 100
Date Energized 11/17/2009
SG: 7280
LT:
FL:
LAKE ST & NICHOLS RD CITY OF LAKE ELSINORE 100
Date Energized 12/28/2009
SG: 7281
LT:
FL:
CANYON HILLS RD & KALANCHOE RD CITY OF LAKE ELSINORE 100 Date Energized 1/7/2013
SG: 7420
LT:
FL:
MISSION TRL & OLIVE ST CITY OF LAKE ELSINORE 50
Date Energized 11/6/2012 CITY OF WILDOMAR 50
SG: 7476
LT:
FL:
LEMON ST & MISSION TRL CITY OF LAKE ELSINORE 50
Date Energized 11/6/2012 CITY OF WILDOMAR 50
SG: 7477
LT:
FL:
CANYON HILLS RD & SAGE LN CITY OF LAKE ELSINORE 100
Date Energized 8/14/2014
SG: 7492
LT:
FL:
SUMMERHILL DR & VIA SCENICA CITY OF LAKE ELSINORE 100
Date Energized 10/31/2014
SG: 7495
LT:
FL:
RAILROAD CANYON RD & TASSEL WAY CITY OF LAKE ELSINORE 100 Date Energized 7/31/2019
SG: 7524
LT:
FL:
DIAMOND DR & MALAGA DR CITY OF LAKE ELSINORE 100
Date Energized 12/5/2016
SG: 7526
LT:
FL:
Report Date: 11/8/2023 Page 3 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
DIAMOND DRIVE & VILLAGE PARKWAY CITY OF LAKE ELSINORE 100 Date Energized 2/21/2017
SG: 7527
LT:
FL:
MISSION TRAIL & CAMPBELL STREET CITY OF LAKE ELSINORE 100 Date Energized 12/5/2017
SG: 7528
LT:
FL:
LAKESHORE DR & TERRA COTTA RD CITY OF LAKE ELSINORE 100 Date Energized 1/26/2018
SG: 7539
LT:
FL:
CENTRAL AVE & DEXTER AVE CITY OF LAKE ELSINORE 100
Date Energized 6/13/2017
SG: 7540
LT:
FL:
CENTRAL AVE & CAMBERN AVE CITY OF LAKE ELSINORE 100
Date Energized 6/13/2017
SG: 7541
LT:
FL:
CENTRAL AVE & CONARD AVE CITY OF LAKE ELSINORE 75
Date Energized 6/13/2017 COUNTY OF RIVERSIDE 25
SG: 7542
LT:
FL:
CENTRAL AVE & ARDENWOOD WAY CITY OF LAKE ELSINORE 100
Date Energized 6/13/2017
SG: 7543
LT:
FL:
CENTRAL AVE & ROSETTA CANYON RD CITY OF LAKE ELSINORE 100 Date Energized 6/13/2017
SG: 7544
LT:
FL:
CENTRAL AVE & TRELLIS LANE CITY OF LAKE ELSINORE 100
Date Energized 6/13/2017
SG: 7545
LT:
FL:
Report Date: 11/8/2023 Page 4 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
CENTRAL AVE & RIVERSIDE ST CITY OF LAKE ELSINORE 100
Date Energized 6/13/2017
SG: 7546
LT:
FL:
DIAMOND DRIVE & SUMMERLY PLACE CITY OF LAKE ELSINORE 100 Date Energized 4/8/2019
SG: 7557
LT:
FL:
COLLIER AVENUE & CRANE AVENUE CITY OF LAKE ELSINORE 100 Date Energized 2/11/2019
SG: 7561
LT:
FL:
FRANKLIN ST & CANYON ESTATES DR /CAMINO DEL NO CITY OF LAKE ELSINORE 100 Date Energized 4/21/2020
SG: 7575
LT:
FL:
CHANEY ST & COLLIER AVE CITY OF LAKE ELSINORE 100
Date Energized 12/27/2021
SG: 7592
LT:
FL:
DIAMOND DR & MISSION TRL CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7953
LT:
FL:
CASINO DR & DIAMOND DR CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7954
LT:
FL:
MISSION TRL & TOWN CENTER CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7955
LT:
FL:
LAKESHORE DR & MACHADO ST CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7957
LT:
FL:
Report Date: 11/8/2023 Page 5 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
LINCOLN ST & MACHADO ST CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7958
LT:
FL:
LAKE ST & LAKESHORE DR CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7959
LT:
FL:
CHANEY ST & LAKESHORE DR CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7960
LT:
FL:
GRAND AVE & LINCOLN ST CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7961
LT:
FL:
CASINO DR/AUTO CENTER DR & MILL ST CITY OF LAKE ELSINORE 100 Date Energized 5/12/2003
SG: 7962
LT:
FL:
RAILROAD CANYON RD & SUMMERHILL DR CITY OF LAKE ELSINORE 100 Date Energized 5/12/2003
SG: 7963
LT:
FL:
CANYON HILLS RD & RAILROAD CANYON RD CITY OF LAKE ELSINORE 100 Date Energized 5/12/2003
SG: 7964
LT:
FL:
CANYON HILLS RD & LOST RD CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7966
LT:
FL:
CEDARHILL LN & LOST RD CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG: 7967
LT:
FL:
Report Date: 11/8/2023 Page 6 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
CHANEY ST & EDUCATION WAY CITY OF LAKE ELSINORE 100
Date Energized 6/25/2003
SG: 7989
LT:
FL:
CANYON ESTATES DR & SUMMERHILL DR CITY OF LAKE ELSINORE 100 Date Energized 11/17/2003
SG: 7994
LT:
FL:
LAKE ST & MOUNTAIN ST CITY OF LAKE ELSINORE 100
Date Energized 12/9/2004
SG: 7998
LT:
FL:
GRAND AVE & MC VICKER PARK CITY OF LAKE ELSINORE 100
Date Energized 12/9/2004
SG: 7999
LT:
FL:
PALOMAR ST & RACQUET CLUB WAY 50' E/O CITY OF LAKE ELSINORE 100 Date Energized 8/18/2022
SG:
LT:
FL: 9017
PALOMAR ST & SILVERWOOD DR 50 E/O CITY OF LAKE ELSINORE 100 Date Energized 8/24/2022
SG:
LT:
FL: 9018
LAKE ST & TEMESCAL CANYON RD CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG:
LT:
FL: 9912
LAKE ST & TEMESCAL CANYON RD CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG:
LT:
FL: 9913
LOST RD & BAYWOOD ST CITY OF LAKE ELSINORE 100
Date Energized 5/12/2003
SG:
LT:
FL: 9915
Report Date: 11/8/2023 Page 7 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
CANYON HILLS RD & SAGE LN CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9966
CANYON HILLS RD & LOST RD CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9967
LOST RD & CANYON HILLS RD CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9968
LOST RD & CEDARHILL LN CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9969
SUMNER AVE & RILEY ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9970
SUMNER AVE & KELLOGG ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9971
HEALD AVE & KELLOGG ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9972
LAKESHORE DR & MOHR ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9974
GRAHAM AVE & LEWIS ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9975
Report Date: 11/8/2023 Page 8 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
MACHADO ST & ZIEGLINDE DR CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9976
MACHADO ST & GAYE ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9977
MACHADO ST & MARCOLESCO ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9978
MACHADO ST & MARCOLESCO ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9979
LAKE ST & LAKESHORE DR CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9980
GRAND AVE & BROADWAY ST CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9981
SUMMERHILL DR & BELLA VISTA CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9982
SUMMERHIL DR & VILLA MILANO CITY OF LAKE ELSINORE 100
Date Energized 11/25/2015
SG:
LT:
FL: 9983
MACHADO ST & PARKVIEW DR CITY OF LAKE ELSINORE 100
Date Energized 12/22/2015
SG:
LT:
FL: 9984
Report Date: 11/8/2023 Page 9 of 10
APPENDIX A 11/8/2023
Location
CITY OF LAKE ELSINORE
City % Owned
AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING
INSTALLATIONS MAINTENANCE COST BETWEEN THE
AND COUNTY OF RIVERSIDE
MACHADO ST & LE GAYE ST CITY OF LAKE ELSINORE 100
Date Energized 12/22/2015
SG:
LT:
FL: 9985
CHANEY ST & EDUCATION WAY CITY OF LAKE ELSINORE 100
Date Energized 10/17/2017
SG:
LT:
FL: 9986
Report Date: 11/8/2023 Page 10 of 10
APPENDIX B
HOURLY RATES RATE WITH OVERHEAD AND BENEFITS
Traffic Signal Supervisor $ 57.05 $ 233.33
Assistant Traffic Signal Supervisor $ 54.03 $ 220.98
Senior Traffic Signal Technician $ 50.72 $207.44
Traffic Signal Technician $ 47.07 $ 192.52
Vehicle rates
Pickups-3/4T $41.23
Signal Aerial Lift Truck $56.40
Crane Truck $306.07
Generator $26.82
11/23
APPENDIX B
HOURLY RATES RATE WITH OVERHEAD AND BENEFITS
Traffic Signal Supervisor $ 62.30 $ 205.61
Assistant Traffic Signal Supervisor $ 59.01 $ 194.75
Senior Traffic Signal Technician $ 55.40 $182.80
Traffic Signal Technician $ 51.40 $ 169.63
Vehicle rates
Pickups-3/4T $32.12
Signal Aerial Lift Truck $63.39
Crane Truck $617.70
Generator $21.13
11/23
28) On-Call Agreement with CM Wash Equipment for Maintenance of Wash Stations and Equipment for Citywide Facilities
Approve and authorize the City Manager to execute a Contractor Services Agreement with CM Wash Equipment for the maintenance of wash stations and equipment for Citywide Facilities in an amount not to exceed $60,000.00 annually 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 $6,000.00 for unanticipated costs.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: June 24, 2025
Subject: On-Call Agreement with CM Wash Equipment for Maintenance of Wash Stations and Equipment for Citywide Facilities
Recommendation
Approve and authorize the City Manager to execute a Contractor Services Agreement with CM Wash Equipment for the maintenance of wash stations and equipment for Citywide Facilities in an amount not to exceed $60,000.00 annually 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 $6,000.00 for unanticipated costs.
Background
For the past five years, CM Wash Equipment has been the exclusive service provider for the city, delivering comprehensive mobile maintenance services. Their expertise includes servicing pressure washers, car wash bays, paint sprayer machines, golf carts, utility carts, and air compressors at Fire Stations, unlike other companies that only offer parts and equipment.
Discussion
This agreement will ensure the continued delivery of quality service tailored to the city’s specific needs, aimed at preventing equipment breakdowns and ensuring optimal functionality. Scheduled maintenance will be performed routinely to uphold equipment performance, while additional services will be available on an as-needed basis, with costs varying as detailed in the attached schedule.
The services provided include:
• Wash Bay – City Yard
• Wash Bay – Launch Pointe
Agreement with CM Wash Equipment
• City Yard Pressure Washers
• Parks Utility Vehicles
• Air Compressors
• Golf Carts – Launch Pointe
• Services & Parts for Preventive Maintenance
Quarterly PM Services:
• Canyon Hills Park Utility Cart
• Summerly Park Utility Cart
• Rosetta Canyon Park Utility Cart
• Red Trailer Pressure Washer – Rosetta Canyon Park
• Red Trailer Pressure Washer – Summerly Park
Red Trailer Pressure Washer – Canyon Hills Park
• Graffiti Paint Truck – City Yard
• Small Cold-Water Pressure Wash Trailer #115 – City Yard • Hot Water Pressure Washer Single Axle Trailer – City Yard • Graffiti Truck Hot Water Pressure Washer – City Yard
• Electric Golf Carts – Launch Pointe
• Red Trailer Pressure Washer – Launch Pointe
Monthly PM Services:
• Pressure Washer – City Yard
• Wash Bay – Launch Pointe
Bi-Annual PM Services:
• Air Compressor – City Yard
• Air Compressor – Canyon Hills Fire Station #94
• Air Compressors – Rosetta Canyon Fire Station #97
• Large Cold-Water Blaster Skid – City Yard
• Small Cold-Water Pressure Wash Skid – City Yard
• Air Compressor – McVicker Park Fire Station #85
• Air Compressor – Launch Pointe
Semi-Annual PM Services:
• Trailer #778 – City Yard
Fiscal Impact
Funds are budgeted for the FY25-26 General Fund and Launch Pointe’s Annual Operating Budget.
Agreement with CM Wash Equipment
Attachments
Attachment 1 - Agreement
Exhibit A - Proposals
Public Works
AGREEMENT FOR CONTRACTOR SERVICES
CM Wash Equipment
Maintenance of Wash Stations and Equipment
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of June 24, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and CM Wash Equipment, a Limited Liability Co. ("Contractor").
RECITALS
A. The City has determined that it requires the following Contractor services:
Maintenance of Wash Stations and Equipment for Citywide Facilities.
B. Contractor has submitted to City a proposal, dated March 13, 2025, 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