Lake Elsinore City Council
July 22, 2025

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:July 22, 2025
Subject:On-Call Services Agreement with AK Security Alarm LLC for Minor Construction and Repair Services
Recommendation
Approve and authorize the City Manager to execute an On-Call Services Agreement with AK Security Alarm, LLC for minor construction and repair services in an amount not to exceed $525,000.00 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $52,500.00 for uncertainties and adjustments.

Background
On-call contracts allow a City to mobilize maintenance and construction services quickly and efficiently under pre-negotiated terms and conditions. The City may require services due to an urgent matter or because the City is unable to provide or perform those services internally. For a City that needs to engage general or specific maintenance or construction services, the benefits of having an on-call contract in place include:
•A wide span of technical expertise
•Resource availability and flexibility
•Commitments as needed for service
•Accelerated procurement and authorization
•Independent and objective assessments and proposals
•Validation of resolution-oriented actions
The on-call and minor construction services in the City of Lake Elsinore are an essential resource to maintain City amenities and efficiently construct low-cost minor projects.

On-Call Agreement with AK Security Alarm LLC

Discussion
AK Security and Alarm has provided essential contractor services for various projects around the City. This contract will enable the contractor to perform a range of on-call communication, electronic data repair, and minor construction work. AK Security and Alarm has performed as both a contractor and subcontractor on several large city and agency projects at Public Works, the EOC, Rosetta Canyon Sports Park, Launch Pointe RV Resort, City Hall, The Dream Extreme Neighborhood Center, The Anchor, and various other city projects.

Fiscal Impact
Funds are budgeted in the Fiscal Year 25-26 Capital Improvement Program Budget and/or Internal Service Funds operating budget for repairs, as applicable.

Attachments
Attachment 1 - Agreement
Exhibit A - Scope of Services
Administrative Services
Annual Contractor Services Agreement - AK Security Alarm LLCPage 1

AGREEMENT FOR CONTRACTOR SERVICES
AK Security Alarm LLC

ON-CALL SERVICES
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of July 9, 2025, by and between the City of Lake Elsinore, a municipal corporation ( ‘‘City") and AK Security Alarm, a LLC ("Contractor").

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

On-Call minor construction and repair services
B. Contractor has submitted to City a proposal, dated July 8, 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

and effect for a period commencing on July 9, 2025 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed five hundred twenty five thousand dollard ($525,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

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

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

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

10. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall

indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

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

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

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

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

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

16. Insurance Requirements.
a. Insurance . Contractor , at Contractor ’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage . Contractor shall maintain Workers’ Compensation Insurance and Employer ’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer ’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occu rrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404

covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non- owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

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

vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City . At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein .

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

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If t
o Contractor: AK Security Alarm LLC
Attn: Oscar Gomez
11521 Trailrun Court
Riverside, CA 92505

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

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

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

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

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

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

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

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

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

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

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

City Clerk
APPRO
VED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
AK Security Alarm, a LLC
By: Oscar Gomez
Its: Owner
At
tachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
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CITY OF LAKE ELSINORE

ON-CALL SERVICES
Lake Elsinore, CA
July 08, 2025
Akalarmsecurity.net
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Table of Contents
Cover Letter .............................................................................................................................................. 3 Corporate Office Information: ................................................................................................................ 3 Scope of Work ........................................................................................................................................... 7 Activities.............................................................................................................................................. 11 General Service...................................................................................................................................11 Service Location: .................................................................................................................................. 7 Cost Proposal ............................................................................................................................................ 6 Payment Terms...................................................................................................................................... 6 Personnel ................................................................................................................................................... 4

COVER LETTER
AK Security Alarm LLC is pleased to submit an addendum to original contract from August 08, 2022, to extend existing services for the City of Lake Elsinore to include on-call services for the City of Lake Elsinore.

Our team of skilled professionals has extensive experience providing on-call services to a wide range of clients in the industry. AK Security Alarm LLC specializes in the design, installation, integration, and service of Security and fire alarm systems, and we also focus on Access Control systems and Closed- Circuit TV (CCTV) camera surveillance systems for residential and commercial applications.

AK Security Alarm LLC can provide you with a solution for your security system requirement, from a single-family home to larger estates or apartment complexes or small businesses to a larger industrial facility. We have a solution for your needs.

AK Security Alarm LLC works closely with partners all over our license areas. Through our partner operations, AK Security Alarm can reach out and help protect customers in locations that might otherwise be unavailable.

CORPORATE OFFICE INFORMATION:

AK Security Alarm LLC | Riverside
11521 Trailrun CT
Riverside, CA 92505
Email: [email protected]
Phone: 951-482-9526
http://aksecurityalarm.net
AK Security Alarm LLC is uniquely qualified to provide you with this Statement of Work to enhance the City's on-call services.

At AK Security Alarm LLC we take pride in providing high-quality services that meet the unique needs of our clients. Our team of professionals is experienced, knowledgeable, and skilled, which ensures that we deliver top-notch services every time. We also understand the importance of timeliness and will ensure that we respond promptly to all service requests.

We appreciate the opportunity to submit our proposal for on-call services for the City of lake Elsinore.

We are confident that we can provide the high-quality services you require at a competitive price. Please do not hesitate to contact us if you have any questions or require further information.

Authorized Signers:

Oscar Gomez
Owner
[email protected]
https://aksecurityalarm.net
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PERSONNEL
MANAGEMENT CONTACT:

The Account Executive is responsible for all business communicating regarding the service contract and additional related projects. The Account Executive will communicate directly with the customer to ensure the deal is being executed to plan.

Oscar Gomez
Owner
(951) 395-0006

SITE AND PROJECT MANAGER
The project manager is responsible for the overall performance and execution of AK Security Alarm LLC scope of work throughout the contract. The Project Manager focuses on all aspects of project performance, especially those that relate to resource planning and scheduling, communication, customer satisfaction, and quality assurance.
• Serves as primary communication interface on project related matters. • Coordinates the development of documentation to support and maintain the City's Networking. • Schedules any activities in concert with the overall schedule. • Change management and control of services as needed.
• Resolves contractual issues.
• Issues weekly status reporting.

OPERATIONS SERVICE MANAGER
The Service Manager is responsible for the overall performance and execution of the contracted services.

The service manager becomes hour point of contact after initial implementation and fully transition into service delivery.

RESOURCES BIO
Oscar Gomez - Project Manager, Technician C10 Certified (951) 395-0006
Oscar has over nineteen years of experience with integrated security and networking systems, including experience with engineering, programming, and commissioning of CCTV, ALPR, Access Control systems, and cabling data center. Oscar has extensive experience designing, installing, and managing electrical/video security solutions with our local government sector, including the cities of the City of Laguna Hills. Oscar is a certified C10 Electrician, access control, CCTV, and alarm platforms. Oscar possesses extensive experience in the following specific systems:
• AXIS • SelectDNA
• Arecont Vision • Exacq
• ONAP • Single PH
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• Three PH
• DSC
• Honeywell
• SilentKnight
Robert Masariego - Operations Service Manager
1 (213) 308-0991
• Firelight
• Kantech
• OSC
Robert has over seventeen years of experience with security and networking systems, including experience programming and commissioning CCTV and Access Control systems and cabling data center.

Robert Masariego possesses extensive experience in the following specific systems:
• Axis
• Arecont Vision
• ONAP
• Firelight
• Kantech
• SilentKnight
• Exacq
• Honeywell
• DSC
• osc
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Cost Proposal and Payment Terms
Client: City of Lake Elsinore
Vendor: AK Security Alarm, LLC
Date: 7/08/2025
Annual Cost Overview
Total Annual Cost: $525,000
Service/Deliverables:

1. Maintenance Service Labor as defined in Section A.

2. Parts/Equipment additional capital projects covered under this agreement.

3. Fire Alarm systems monitoring services

4. Alarm systems monitoring services
Payment Terms
Billing Method: Invoices as incurred
Frequency: As work is completed or milestones are reached Invoice Due Date: Net 30 days from invoice date
Additional Terms
Annual Cap: Total invoicing shall not exceed $525,000 per 12-month term Contract Period: July 08, 2025 through June 30, 2026
Termination Clause: Either party may terminate with 30 days' written notice; client is liable for all work completed and invoiced up to the date of termination Adjustments: Any changes in scope or budget will require a written amendment agreed upon by both parties
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SCOPE OF WORK
Under this proposal, our company will provide on-call services to the successor agency, which will include but not be limited to, Lead Installer and Journeyman(s) Services as required.

The services will be provided on an as-needed basis, and the hourly rate defined in the cost section of this proposal.

ACTIVITIES
• On-Call Services for the City of Lake Elsinore
TERM
• 12 months
• Time and Material, billed as incurred
SERVICE LOCATION:
130 S Main St
Lake Elsinore, CA 92530

COST PROPOSAL
Our pricing model is competitive and transparent and propose wholesale pricing on all services rendered.

By Expertise
Lead Technician $120/hr
Journeyman(s) $55/hr
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SCOPE OF WORK
The scope of work is to provide the City of Lake Elsinore a full-service maintenance for Citywide Advanced Security, Surveillance, and Communication Systems. Maintenance services is 24 hour-a-day, 7 day-a-week. The scope of work ensures continued services in support of day-to-day operations, system maintenance, staffing training, immediate operational demands and new Citywide capital projects assessments.

AK Security Alarm staff is focused on preventive maintenance by staffing highly capable engineers in security, surveillance, network, fire systems to provide endless security perseverance tailored to the City's precise needs and prevent incidents from happening.

PROPOSED STAFFING MODEL
• Oscar Gomez, Project Director/Architect
• Robert Masariego, Operations Supervisor

ACTIVITIES
• Detailed Maintenance activities can be found in Section A.

GENERAL SERVICE
• Implement and maintain a detailed inventory master of all Citywide equipment • UPS/UPC Maintenance

SECURITY/ SURVEILLANCE
• Annual Penetration testing for Security and Surveillance • Installation and Maintenance
o Firmware upgrade
o Adjusting focusing of cameras
o Cleaning of cameras
o Total Connect cloud service maintenance
• Maintenance and Part Replacement
0 Window/Door sensor
0 Motion detectors
0 Glass breaks
0 Keypads
0 Horn and strobes
0 Systems batteries
0 Wiring
0 Zone expanders
0 Wireless contacts
0 Panic buttons (wired and hardware)

CAMERAS
• Installation and Maintenance
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o Axis cameras
o Software/Firmware updates
• Labor for parts replacement as needed (does not include parts)

ACCESS CONTROLS
• Installation and Maintenance

AUDIO VISUAL
• Installation and Maintenance

COMMUNICATION SYSTEMS AND INFRASTRUCTURE
• Installation and Maintenance
o Cell and communication
o Servers
o Networking
o Wireless access points
o Launch points

FIRE SYSTEM
• Installation and Maintenance

CURRENT MAINTENANCE LOCATION
• City Hall City of Lake Elsinore
• Cultural Center
• Dream Neighborhood Center
• Historical Museum
• Lake Community Center
• Launch Pointe Clubhouse
• Lunch Pointe Main Building/Shop
• Mcvicker Canyon Park
• Surveillance Mobile Unit
• Planet Youth
• The Anchor
• Senior Center
• Public Works Yard
o New Admin building
• Parks
o Old Ad min building
o Shop
o Rosetta Park
• Admin building
• Shop
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• Snack Bar
o Canyon Hills Community Park
o Swick Matick Park
o Summerly Community Park
o Diamond Stadium+ expanded areas
o McVicker Park
o Lakepoint Park
o Machado Park
o Alberhill Park
o Channel Walk
o Christensen Community Park
o City Park
o Creekside Park
o Lincoln Street Park
o Linear Park
o Oak Tree Park
o Rosetta Canyon Sports Park
o Serenity Park & Skate Park
o Summerhill Park
o Summerlake Park
o Tuscany Hills Park
o Yarborough Park
o Boys & Girls Clubhouse at Alberhill Park
o Cultural Center
o Lake Community Center
o Senior Activity Center
o Youth Opportunity Center
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Section A
AK Security Alarm LLC - Surveillance and Communic ation System Preventive Maintenance Supporting City's Security and Fire for designated locations Category Description Schedule Areas for
Improvements
Equipment Manage Equipment inventory Daily
Management
Active Directory Check for inactive user & computer accounts associated Monthly with Security, Alarm, and Fire System
Active Directory Validate Group Policies IT Security Team - Check settings, Quarterly authorizations, OU Structure
Hardware Warranty - Check on all equipment associated to Security, Annually Alarm, and Fire System Critical Equipment
Hardware Generator - Test Generator Bi-annually
Hardware Q-NAP SAN - Check firmware for controller and hard drives Bi-annually City to consider cloud redundant storage
Hardware Server: Check BIOS settings (i.e. Time & Date) Bi-annually Hardware Server: Check for new firmware/bias Bi-annually Hardware Cloud Services: Check Resource Consumption Daily '
Hardware Server/SAN/Networking: Physically check all equipment Daily Hardware Switch - Check fans and power supplies Daily
Hardware SAN - Check Volume Usage (thin provisioned) Monthly Hardware UPS - Check Voltage, Utilization, Temp, Humidity, Batteries Monthly Hardware Switches: Check Firmware Quarterly
Hardware Firewall Maintenance N/A Responsibility of the City's IT
Networking VPN: Check Utilization, Latency & Packet Loss Monthly 11 | P a g e
Networking lr.'13d Balancers/Application - Ched. Firmware & Policies Quarterly NP.tworki; ,6 C:.p.im/Wco Filter - Ched F:m,wa,r.., ,' Policies Quar tC'r ly Networking WAN (W1Fi): Check Ut ilization, Lat�n1�y & Pa(ket lbs_ Weekly OS/Software Change Local Admln Password Bi-annually
OS/Software SSL Certificates � Check expiration dates Bi-anm,ially OS/S0ftware Check Backups amd Replication Daily City to consider cloud redundant storage
OS/Software Antivirus maintenance Daily
OS/Software Check Windows Services Daily
OS/Software Check Application & System Event Logs Monthly OS/Software Check Server CPU, Memory, Disk & Network Utilization Monthly OS/Software Delete Temp Files (Windows & Users Temp locations) Monthly OS/Software End Point Protection - Check for inactive computer Monthly membership
OS/Software Endpoint Protection - Run Clean up Tools if applicable Monthly OS/Software Run Windows Updates Monthly
OS/Software Update Software (i.e. Adobe Reader, Flash, Java) Monthly OS/Software Windows Logs- Check (C:\Windows\Logs) especially CBS Monthly OS/Software Check File Shares/Permissi.ons Quarterly
OS/Software Backups - Test, Perform VM restore in sandbox environment Weekly if applicable
Security End Point Protection - Check Policies & Scan Schedule Monthly Security Security Logs - Check for brute force/unauthorized access Monthly 12 | P a g e
Security Check Domain User Password Policy Quarterly
Security Review Firewall Polices (i.e. NAT and Access Rules) Quarterly City to provide Security Review Security Group Memberships Quarterly
Security End Point Protection - Check Dashboard and Logs Weekly Security Security Equipment Batteries Daily
Security Schedule tests Monthly
Security Clean Alarm Monthly
Security Check for System Status Updates Daily
Security Keep Sensors Clear of Dust and Debris Daily
Security Perform Regular Communication and Sensor Testing Weekly Security Inspect sensors Weekly
Security Do a perimeter check Monthly
Security Check security lights and porch lights Monthly City to address lighting issues identified
Security Check batteries in wireless sensors Weekly
Security Check batteries in remotes Weekly
Security Check batteries in smoke/CO detectors Weekly
Security Check batteries on door panels Weekly
Access Controls User requests Daily
Access Controls Security Logs - Check for brute force/unauthorized access Monthly Access Controls Equipment testing Monthly
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Access Controls UPS - Check Voltage, Utilization, Temp, Humidity, Batteries Daily Audio Visual Testing firmware Daily
Audio Visual Testing sound (micr0ph0ne, cameras, TVs, Executive Daily conference rooms)
Audio Visual Systf;lrn l0gs and c0nfiguration changes Daily Audio Visual Lighting a:c:mtn:,ils review Daily
Audio Visual Check equipment before mf;letings (speakers, mia:rophones) Daily Fire Fire detection devices placed in areas with heavy exposure Weekly to dust, smoke or grease are often triggered accidentally, making them seem unreliable
Plre Schedule tests of smoke detectors and fire Alarm Monthly Fire Check how many detectors for the size and layout of a Quarterly building to �.n-sure they clre aJ)j)FOpti'1,te for their use Fire Running weekly alarm system tests if possible Weekly Fire Notifications to impacted resources of fire te� Weekly Fire Checking the batteries In all fire detectors and smoke Alarm Weekly Fire Checidrig visual displays on the fire alarm panel Monthly Fire Update and test the function of the system and determine Quarterly any possible meth0ds strengthening or streamlining the
integration 0f fire systems
Fire Reviewing fire detection device and alarm system se,vice Monthly records to ensure that all systems meet current
requirements and are fully compliant with NFPA regulations Fire Testing all voice alarm systems Monthly
Fire Testing in-building fire emergency voice/alarm Quarterly communications
Fire Testing the fuses and transmitters on the control equipment Quarterly for your monitored systems
Fire Follow up. Ensure that fire departments are properly Annually receiving notifications when flre Alarm sound
Fire Schedule Annual Fire System Inspections Annually
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AK Security Alarm, LLC.
11521 Trailrun Ct. Riverside, CA 92505
Email: [email protected]
Phone: 951-395-0006
License C10 #1005318 | ACO 7848

9)
Purchase of City Hall Furniture
Approve and authorize the City Manager to execute a Purchase Order with Talimar Systems, Inc. in the amount of $944,225 for the relocation, purchase, and set up of City Hall furniture.

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:July 22, 2025
Subject:Purchase of City Hall Furniture
Recommendation
Approve and authorize the City Manager to execute a Purchase Order with Talimar Systems, Inc. in the amount of $944,225 for the relocation, purchase, and set up of City Hall furniture.

Background
Last year, we officially broke ground on our new City Hall, marking an exciting step forward for the City of Lake Elsinore. Construction is progressing, and the building is beginning to take shape.

The new City Hall will have three floors and include areas for both staff and the public. When complete, it will feature a large central lobby with our historic fire engine on display. The third floor will house the new City Council Chambers, offering stunning views of the lake and Main Street.

To stay on schedule, City staff have already begun planning the interior of the building, including selecting furniture, finishes, and establishing workspaces that will enable City staff to serve the community efficiently.

Discussion
As part of the transition to the new City Hall building, City staff have inventoried all existing office furniture. They are working to repurpose items wherever possible to reduce costs and minimize waste. However, due to changes in office layouts, the need for additional workspaces, and the requirement for updated furnishings in public areas, the purchase of new chairs, cubicles, and related equipment is necessary.

City Hall Furniture

1 9
2 8
To support this effort, staff will continue to utilize on-call and minor construction contractors to purchase, move, and install furniture as needed. This item seeks approval to establish a purchasing threshold and execute a Purchase Order with Talimar Systems, Inc. for the acquisition of new office furniture and equipment. Talimar Systems currently holds contracts with the Cities of Costa Mesa, Irvine, and Laguna Beach. The City of Irvine conducted a competitive bid process to establish pricing with Talimar, which the City can now leverage to ensure cost-effective and compliant procurement. Establishing a defined expenditure limit will provide staff with the flexibility to complete office furnishing in a timely and efficient manner while maintaining fiscal oversight. Any purchases above the authorized amount will require additional Council approval.

Fiscal Impact
Funding costs are included in the Fiscal Year 25/26 – 28/29 Capital Improvement Plan (CIP) budget, CIP Project #Z20006.

Attachments
Attachment 1 – Quote
City Manager's Office
3105 WEST ALPINE
SANTA ANA, CA 92704
(714) 557-4884

CITY OF LAKE ELSINORE
130 S MAIN ST
LAKE ELSINORE, CA 92530
CONTACT:ADAM GUFAROTTI
PHONE: (951) 674-3124 X314
FAX:

E-MAIL: [email protected]

QUANTITY UNIT NET EXTENDED NET

SYSTEMS & OFFICE FURNITURE
19 RELOCATE EXISTING PRIVATE OFFICE STAFF FURNITURE 800.00$ 15,200.00$ 104 NEW ERGONOMIC STAFF TASK SEATING 775.00 $ 80,600.00$ 50 NEW CONFERENCE ROOM SEATING 875.00 $ 43,750.00$ 90 PRIVATE OFFICE GUEST CHAIRS 375.00 $ 33,750.00$ 2 CONFERENCE ROOM TABLES 10,675.00 $ 21,350.00$
25 NEW PRIVATE OFFICE STAFF FURNITURE 3,925.00 $ 98,125.00$ 1 ER STAFF MISCELLANEOUS OFFICE FURNITURE ITEMS 40,000.00$ 40,000.00$ 4 LOBBY COUNTER WORKSTATIONS (DESKS ONLY) 2,925.00$ 11,700.00$ 55 NEW OFFICE WORKSTATIONS INCLUDING PARTITIONS 3,475.00$ 191,125.00$

DESKS, LATERAL FILES AND MOBILE BOX/FILE PEDESTALS
2 EXECUTIVE OFFICE FURNITURE SET UPS 11,725.00 $ 23,450.00$ 1 BREAKROOM FURNITURE SET UP 15,900.00 $ 15,900.00$
CITY OF LAKE ELSINORE - OFFICE WORKSTATIONS & OFFICEC FURNITURE - 07/07/2025

PRODUCT DESCRIPTION
CITYOFLAKEELSINORE_SUMMARY_070725.xls

7/7/2025

QUANTITY UNIT NET EXTENDED NETPRODUCT DESCRIPTION
3 ZOOM/PRIVACY PODS 8,250.00 $ 24,750.00$
1 1ST FLOOR LOBBY FURNITURE SET UP 11,750.00 $ 11,750.00$ 1 2ND FLOOR LOBBY FURNITURE SET UP 11,750.00 $ 11,750.00$ 1 3RD FLOOR LOBBY FURNITURE SET UP 11,750.00 $ 11,750.00$ 1 3RD FLOOR DECK FURNITURE SET UP 9,275.00 $ 9,275.00$ 13 CITY COUNCIL CHAIRES 1,250.00 $ 16,250.00$
1 4TH FLOOR ALL WEATHER FURNITURE SET UP 22,500.00$ 22,500.00$ 1 DESIGN SERVICES & COORDINATION 85,500.00 $ 85,500.00$ Total extended net price: 768,475.00$
Complete Freight/Delivery & Installation/Setup: 99,775.00$ Tax:8.75% TBD
TOTAL: 868,250.00$
Authorized by:
____________________________________________
print name
____________________________________________Date: ________________ signature
50% deposit required on all orders. All orders final.

CITYOFLAKEELSINORE_SUMMARY_070725.xls

7/7/2025
10)
Southwest Communities Financing Authority Fifth Amendment to the Restated Joint Powers Agreement
Approve and authorize the City Manager to execute the Fifth Amended and Restated Joint Powers Agreement for the Southwest Communities Financing Authority 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:Shannon Buckley, Assistant City Manager
Date:July 22, 2025
Subject:Fifth Amended and Restated Joint Powers Agreement for the Southwest Communities Financing Authority
Recommendation
Approve and authorize the City Manager to execute the Fifth Amended and Restated Joint Powers Agreement for the Southwest Communities Financing Authority in such final form as approved by the City Attorney
Background
In November 2004, the Southwest Communities Financing Authority (SCFA) was established as a Joint Powers Authority (JPA), with the City of Lake Elsinore as one of its founding members.

The SCFA JPA was created to finance, construct, and operate a regional animal shelter serving Southwest Riverside County. The shelter was completed and opened on October 4, 2010.

The agreement enables the joint construction, funding, and operation of the animal shelter, while preserving each member agency’s authority over its own field services and animal control operations. The SCFA is governed by a Board of Directors, consisting of one representative from each member agency. The agreement also outlines procedures for administration, financial management, legal compliance, and staff support, reflecting the agencies’ shared commitment to sustainable and collaborative animal care services.

Discussion
The Fifth Amended and Restated JPA Agreement includes a change to the payment provisions.

Under the amended agreement, member cities and the county are now required to submit payment in advance of each quarter, rather than after services are rendered. This change is intended to ensure that Animal Friends of the Valleys (AFV), the contracted shelter operator, receives timely funding to support ongoing operations.

SCFA JPA Amendment

Fiscal Impact
There is no fiscal impact associated with this amendment. Shelter and operational fees remain unchanged.

Attachments
Attachment 1 – 5th Amended and Restated JPA Agreement
City Manager's Office
1 FIFTH AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE;
THE CITY OF CANYON LAKE; THE CITY OF LAKE ELSINORE;
THE CITY OF MURRIETA; THE CITY OF TEMECULA;
THE CITY OF WILDOMAR; AND THE CITY OF MENIFEE;

FOR THE

SOUTHWEST COMMUNITIES FINANCING AUTHORITY
(Animal Shelter)
This Fifth Amended and Restated Joint Powers Agreement (“Agreement”), is made and entered into this 1st day of June, 2025 (“Effective Date”) by and between the County of Riverside (hereafter referred to as "COUNTY") ;the City of Canyon Lake ("Canyon Lake"); City of Lake Elsinore ("Lake Elsinore"); City of Murrieta ("Murrieta"); City of Temecula ("Temecula"); and City of Wildomar ("Wildomar"); and City of Menifee (“Menifee”), individually as “City” or “Party”, and collectively, the "Cities" or “Parties”, each body being a body corporate and politic of the State of California, or public entities or political subdivision of the State of California.

RECITALS:

WHEREAS, COUNTY , Canyon Lake , Lake Elsinore , Murrieta, Temecula, Wildomar and, Menifee have mutual interests in the continued operation of an animal shelter located within the geographic area common to all Parties within the geographic boundaries, attached hereto and incorporated here by this reference as Attachment A , in compliance with State laws and regulations; and
WHEREAS, the Board of Directors (“Board”) of the Southwest Communitie s Financing Authority (“SCFA”) approved that certain Joint Powers Agreement , dated November 30, 2004, between COUNTY, Lake Elsinore, Canyon Lake, Murrieta, and Temecula for the purpose of constructing an animal shelter in the southwest portion of the County of Riverside; and WHEREAS, the Board of SCFA approved that certain Second Amended and Restated Joint Powers Agreement , dated January 29, 2008 , between COUNTY, Lake Elsinore, Canyon Lake, Murrieta, and Temecula;
WHEREAS, the Board of SCFA approved that certain Third Amended and Restated Joint Powers Agreement, dated November 2, 2010 , between COUNTY, Lake Elsinore, Canyon Lake, Murrieta, Temecula, and Wildomar, accepting Wildomar as a JPA member; 2 WHEREAS, the Board of SCFA approved that certain Fourth Amended and Restated Joint Powers Agreement, dated November 1, 2020, between County, Lake Elsinore, Canyong Lake, Murrieta, Temecula, Wildomar, and Menifee, accepting Menifee as a JPA member; WHEREAS, the Board of SCFA desires to amend and restate the agreement to state that Member Cities and County shall pay invoices in advance of each quarter; WHEREAS, it is the interest and desire of the Parties to amend and restate that certain Fourth Amended and Restated Joint Powers Agreement to continue SCFA as a Joint Powers Agency, separate and apart from the Parties hereto, as hereinafter described and set forth, which entity shall set about the task of accomplishing the purpose of this Agreement in a manner most capable of promoting the greatest public good and welfare; and

WHEREAS,
the Partie s here to are eac h empowered by law to provide for the animal shelter needs to eligible residents of each City either directly, or by contract or similar arrangement; NOW, THEREFORE, in consideration of the above recitals, of the mutual promises and agreements herein contained and for other valuable consideration, the parties hereto agree as follows:

SECTION 1. PURPOSE
This Fifth Amended and Restated Joint Powers Agreement (hereinafter referred to as "Agreement") is made pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with Section 6500) of the California Government Code, (hereinafter referred to as the "Act") for the express purpose of constructing and housing animals, also known as operating an
animal shelter, to serve residents of the Parties hereof. Additionally, this Agreement shall permit the financing of public capital improvements and those purposes permitted under the Marks-Roos Local Bond Pooling Act of 1985, being Article 4, Chapter 5, Division 7 of Title 1 (commencing with Section 6584) of the California Government Code (the "Bond Law"). It is the intent of this Agreement that none of the decisions regarding field service boundaries or levels of service for animal control for each of the Cities shall be affected by the creation of this JPA, or by membership in this JPA.

The purpose of thi s Agree ment shall be accomplishe d
and the comm on powe rs of the
parties hereto exercised in the manner hereinafter set forth. //
//
3 SECTION 2. CREATION OF AUTHORITY
Pursuant to the Act and the Bond Law, there is hereby created a public entity to be known as the Southwest Communities Financing Authority ("SCFA"). SCFA shall be a public entity, separate and apart from the parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions as may be necessary or desir able to implement and carry out the purpose of this Agreement.

SECTION 3. TERM
This Agreement shall become as of the Effective Date (defined above) and shall continue in full force and effect until terminated as provided in Section 4 below.

SECTION 4. TERMINATION AND AMENDMENTS
a. The Parties hereto may amend this Agreement by mutual written consent. b. The Parties hereto may terminate their participation in the Joint Powers Authority and this Agreement as provided herein.
c. If SCFA has incurred no obligations , each Party may terminate this Agreement by giving not less than sixty (60) days written notice thereof to the all other parties. d. If SCFA has acquired any indebtedness, fiscal obligation, and/or any property, each Party hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other Parties subject to the provisions of Sections 4(e) and 4(f) herein. e. This Agreement cannot be terminated until all forms of indebtedness, and/or fiscal obligation incurred by SCFA have been paid, or adequate provision for such payment shall have been made. f. In the event the Agreement is terminated, any property acquired by SCFA from the Effective Date of this Agreement, including but not limited to money, shall be divided and distributed between the P arties in proportion to the contributions made, including contributions made as provided in Section 10 below, unless otherwise required by law. //
//
4 SECTION 5. POWERS AND DUTIES OF SCFA

SCFA shall have the powers common to the Parties to this Agreement to:

Exercise those powers enumerated in the Act and Bond Law as the same as now exists or as may hereinafter be amended;
Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the purposes of this Agreement, including but not necessarily limited to the following:
to make and execute all contracts, agreements, and documents including, without limitation, agreements with any of the Parties to this Agreement, other local governments, agencies or departments, the State of California, the United States of America, or agencies thereof, or any entity, person or corporation of any kind or nature whatever; to employ agents, servants and employees;
to acquire, hold and dispose of property, both real and personal; to acquire, construct, maintain, manage, operate and lease buildings, works and improvements;
to accept gifts;
to sue and be sued in its own name;
to apply for and receive any available federal, State and/or local grants; to employ legal counsel;
to employ consultants;
to adopt a budget;
to incur debts, liabilities and obligations;
to establish a treasury for the deposit and disbursement of funds and monies, according to the policies and procedures set forth in this Agreement; to invest any money held in the treasury that is not required for immediate necessities of SCFA, as SCFA determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 52601 of the California Government Code; and to issue bonds and other evidences of indebtedness for the construction of an animal shelter, and the consent of the Governing Board of each member to participate in this Joint Powers Authority shall be deemed consent for the issuance of bonds by SCFA, as required under California Government Code Sections 6500 et seq. and the Bond Law.

The listing of the above acts is not intended to indicate any priority of one act over another.

Nor is such listing intended to be inclusive, and other acts may be done in the accomplishment of 5 the purposes of this Agreement as are authorized. One or several acts may take place concurrently or in sequence.

SECTION 6. CREATION OF THE BOARD OF DIRECTORS
a. Governance of SCFA by the Board of Directors . In order to effectuate the purposes of this Agreement as set forth herein, SCFA shall be governed by a Board of Directors (hereinafter called the "Board"), and all of the powers of SCFA shall be exercised by the Board. b. Membership. The Board shall be composed of the following members from the Parties:

One (1) member of the Board of Supervisors of Riverside County; One (1) member of the City Council of the City of Canyon Lake; One (1) member of the City Council of the City of Lake Elsinore; One (1) member of the City Council of the City of Murrieta; One (1) member of the City Council of the City of Temecula; One (1) member of the City Council of the City of Wildomar; One (1) member of the City Council of the City of Menifee. c. Designation of Members. Members shall serve on the Board during the term for which they are a member of the Board of Supervisors, or a member of the City Council from which they are appointed. A member's position on the Board shall automatically terminate if the term of the elected public office of such member is terminated.
d. Reimbursement. The Board may provide for reimbursement of reasonable expenses incurred in connection with a member's service on the Board.
e. Quorum and Transaction of Business. Four (4) members of the Board shall constitute a quorum. 6 A vote of four (4) of the members present shall be required to take action, except for adjournment of a meeting which shall require only a majority of those present. No proxy or absentee voting shall be permitted.

f. Meetings. The Board shall establish the time and place for its regular and special meetings. The dates, hour and location of regular meetings shall be fixed by formal action of the Board. The Board shall hold at least one (1) regular meeting every calendar year. Special meetings and adjourned meetings may be held as required or permitted by applicable law.

g. Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).

h. Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and activities as it may deem necessary. In the a bsence of specific rules for SCF A meetings, the rules of the Board of Supervisors shall be applicable for the conduct of meetings of SCFA.

SECTION 7. FISCAL OBLIGATIONS OF THE PARTIES

It is the intent of the Parties as members of SCFA that the following fiscal obligations shall be agreed upon for all Parties to this Agreement:
a. Debt repaymen t of any bonds issued by SCF A shall be paid by each P arty based on the percentage of animals housed at the facility, on an annual basis.

b. Administration costs of the SCFA shall be borne equally between each Party and may include, but not be limited to, stipends, legal fees, audit, costs, administrative fee, mileage reimbursement.

c. Operation of animal shelter shall be paid by each P arty based on the percentage of animals housed at the facility, on an annual basis.

d. Determination of the percentages for sub-sections (a) and (c) shall be made on an annual basis in January based on the usage information received for the preceding calendar year. The 7 percentages shall be designated for calculation starting July 1st of that same calendar year. No Party shall divert any animals within its custody, care or control, including those held on behalf of a P arty under contracted services with an animal control or humane society provider, that are located within the SCF A's geographic boundaries (as refl ected in attached Attachment A ) from being housed at SCF A's animal shelter facility contemplated under this Agreement unless said facility lacks the capacity to ac cept the animal (s) in question or where the SCF A has granted express written consent for the animal(s) in question to be diverted to another animal shelter facility.

e. Annexations of any area by any Party shall result in that Party assuming fiscal responsibility for the area annexed. The additional annexation shall result in a re -calculation of percentages of (a) and (c).

f. Incorporation of a ny geographic area served by SCF A, and in the event of the new city not joining as a member in SCFA, COUNTY shall reserve the ability to contract directly with the new city for animal services.

g. Any Party withdrawing from SCF A agrees to payment of the current percentage of the following:

After the issuance of bonds, the P arty agrees to payment of the party's current percentage of the amount of the outstanding bonds.

Any unpaid portion of the administrative costs of SCFA, calculated up to the effective date of termination of participation in SCFA of the Party.

Any unpaid portion of the operation costs of the animal shelter, calculated up to the effective date of termination of participation in SCFA of the Party.

h. Member Cities and County shall pay invoices in advance of each quarter to the County Executive Office for subsequent payment to AFV.

SECTION 8. OFFICERS AND EMPLOYEES

Chairperson and Vice Chairperson . The Board may select a chairperson and a vice chairperson from among its members at its first meeting, and annually thereafter. The term of the Chairperson and Vice Chairperson, when selected in this manner, shall be for two (2) years. 8 In the event that the Chairperson or Vice Chairperson so elected resigned from such office or ceases to be a membe r of the Boa rd, the result ing vacancy shall be filled at the ne xt regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as Chairperson through the end of term. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, shall preside at and conduct all meetings of the Board.

Treasurer. The Treasurer of the County of River side shall be a nd shall ac t as the Treasure r of SCFA. The Treasurer shall have the custody of SCFA's money and disburse SCFA funds pursuant to the accounti ng procedures of the County of Riverside . The Treasurer shall assume the duties described in Section 6505.5 of the California Government Code, namely: receive and receipt for all money of SCFA (with the exception of any bond proceeds which shall be deposited with the Trustee bank) and place it in the Treasury of the Treasurer to the credit of SCFA; be responsible upon an official bond as prescribe d by the Boar d for the safekee ping an d disbursement of all Agency money so held; pa y, when due, out of mone y of SCFA so he ld, all sums paya ble, only upon warrants of the officer performing the functions of the Controller who has been designated by SCFA or the Board; verify and report in writing in conjunction with the annual audit of SCFA and to the Parties to this Agreement the amount of money held for SCFA, the amount of receipts since the last report, and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board.

Any and all funds of the SCFA shall not be commingled with any other funds held by the Treasurer.

Controller. The Auditor/Controller of the C ounty of River side shall be the Controlle r of SCFA.

The Controller shall draw warrants to pay demands against SCFA when such demands have been approved by the Board or by any other person authorized to so approve such by this Agreement or by resolution of the Boa rd. The Controlle r shal l perf orm suc h dutie s a s are se t fo rth in this Agreement and such other duties as are specified by the Board.

There shall be strict accountability of all funds a nd reporting of all receipt s and disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices. The books and records of SCFA in the hands of the Controller shall be open to inspection at all reasonable times by representatives of the parties to this Agreement.

Program Administrator. The Executive Officer for the County of Riverside, or designee, shall be the Program Administrator for SCFA. The Progra m Administrator, or designee, shall direct the day-to-day operati on of SCF A. The Progra m Administra tor shall serve subjec t to the Board's 9 policies, rules, regulations and instructions, and shall have the powers described in this Agreement and those delegated and assigned by the Board, including, without limitation:
to appoint, remove and transfer employees of SCFA, including management level officers, subject to the conditions of employment of these individuals as employees of SCFA, except for the Treasurer, Controller and Attorney of SCFA and such others as the Board may designate; to enforce all orders, rules and regulations adopted by the Board relating to the regulation, operation, or control of funds, facilities, properties and apparatus of SCFA; to authorize expenditures whenever the Board shall have approved and authorized any work, improvement or task and shall have budgeted or appropriated the necessary money therefore; and
to have custody of and accountability for all property of SCFA except money. The Program Administrator, with the approval of the Board, shall contract with an independent certified public accountant or firm or certified public accountants to make an annual audit of the accounts and records of SCFA, and a complete written report of such audit shall be filed as public records annually, within six (6) months of the end of the fiscal year under examination, with each of the Parties to this Agreement. Such annual audit and written report shall comply with the requirements of Section 6505 of the California Government Code. The cost of the annual audit, including contracts with, or employment of such independent certified public accountants in making an audit pursuant to this Agreement shall be a charge against funds of SCFA available for such purpose.

The Board, by unanimous vote, may replace the annual audit with a special audit covering a two- year period.

Assistant Program Administrator . The Board may appoint an Assistant Program Administrator, who shall be a person employed by any member agency of SCFA other than the County of Riverside, who is assigned to such duties for SCFA. The Assistant Program Administrator shall, with the consent of the Program Administrator, assist the Program Administrator in carrying out the direction of the day -to-day operation of SCFA. The Assistant Program Administrator shall serve subject to the Board's policies, rules, regulations and instructions, and shall have the powers described in this Agreement pertaining to the position of Program Administrator and those delegated and assigned by the Board.

Consultants. Subject to the availability of funds, the Board may employ such consultants, advisors and independent contractors as are deemed necessary and desirable in implementing and carrying out the purposes of this Agreement.

Attorney for SCFA. The offices of the Riverside County Counsel, or counsel as retained directly 10 by SCFA shall be the attorneys for SCFA. The Board may employ by contract or otherwise, specialty counsel.

SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE
There shall be an Executive Management Committee established consisting of the County Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE, LAKE ELSINORE, MURRIETA, TEMECULA, WILDOMAR, MENIFEE, and any other member city who may join SCFA. The Executive Management Committee shall meet as necessary to review the operations and business of SCFA.

SECTION 10. REIMBURSEMENT
Officers and employees of the Parties (excepting members of the Board) designated in this Agreement to provide services for SCFA shall be reimbursed by SCF A for their actual costs of providing such services. In addition, additional services provided by officers and employees of the parties pursuant to contracts with SCF A shall be reimbursed as provided by the cont racts. All reimbursements by SCFA shall be made after receiving an itemized billing for services rendered.

SECTION 11. FISCAL YEAR
The fiscal year of SCF A shall be the period commencing July 1 of each year and ending on and including the following June 30.

SECTION 12. CONTRIBUTIONS BY THE PARTIES
The Parties to this Agreement may provide contributions in the form of public funds and/or in - kind services, equipment, furnishings, office space and other kinds of property which may be reasonably necessary for SCFA to accomplish the purposes of this Agreement.

SECTION 13. EMPLOYEES OF SCFA
Riverside County Employees . There shall be no individuals directly employed by SCFA. "Employees" for the purposes of indemnification and defense provisions herein shall mean all persons employed by Riverside County, or any Party, and assigned to duties for SCFA.

Indemnification and Defense of Employees. With respect to any civil claim or action against any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly 11 occupied such position, for an injury arising out of an act or omission occurring within the scope of such person's duties, SCFA shall indemnify, hold harmless and defend such person to the full extent permitted or required under applicable sections of the California Government Code.

Nothing herein shall be construed to require SCFA to indemnify and hold harmless any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, if SCFA has elected to conduct the defense of such person(s) pursuant to an agreement reserving SCFA's rights not to pay a judgment, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her duties with SCFA.

Nothing herein shall be construed to require the SCFA indemnify, or to provide a defense for any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position where the individual has acted in an illegal, willful or intentionally negligent manner giving rise to the claim, or litigation.

The following definitions shall apply to SCFA:
"Directors" shall include the following: Members of the Governing Board of Directors of SCFA, Program Administrator, and the Assistant Program Administrator. "Officers" shall include all individuals who are defined in "Directors" herein, the Treasurer, Controller, and Attorney(s) for SCFA as defined herein. "Employees" shall mean all persons employed by Riverside County, or any other member agency, and assigned to duties for SCFA.
"Committee Members" shall mean all persons appointed by the Governing Board to any advisory committee or committees of SCFA, all persons appointed by the Program Administrator to any advisory committee or committees of SCFA.

SECTION 14. LIABILITIES

SCFA shall account separately for all funds c ollected or disbursed for each P arty to this Agreement. It is the intent of the Parties, to the extent permitted by law, that the liabilities of each Party for the animal shelter services provided to that Party's members shall not become a liability of any other Party to this Agreement.

The debts, liabilities and obligations of SCFA shall be the debts, liabilities and obligations of SCFA alone, and not of the Parties to this Agreement.

SCFA shall indemnify, defend and hold harmless each P arty to this Agreement from and against any and all liabilities, debts, claims, demands or costs (including but not limited to 12 attorney's fees) arising, or alleged to arise as a result of SCFA's operation or failure to operate.

SECTION 15. NOTICES
Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to:

RIVERSIDE COUNTY
Executive Office
County Administrative Center, 4080 Lemon Street, 4th Floor Riverside, CA 92501 Attn: Deputy County Executive Officer - Finance

CITY OF CANYON LAKE
31516 Railroad Canyon Road, Canyon Lake, CA 92587
Attn: City Manager

CITY OF LAKE ELSINORE
130 South Main Street, Lake Elsinore, CA 92530
Attn: City Manager

CITY OF MURRIETA
24601 Jefferson Avenue, Murrieta, CA 92562
Attn: City Manager

CITY OF TEMECULA
4 1000 Main Street, Temecula, CA 92590
Attn: City Manager

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Manager

CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: City Manager
//
//

13 SECTION 16. OTHER AGREEMENTS NOT PROHIBITED
Other agreements by and between the Parties to this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement.

SECTION 17. SEVERABILITY
If any section, clause or phrase of this Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable and the remainder of this Agreement or the application of such provision to the other Party or other persons or circumstances shall not be affected thereby.

SECTION 18. NONASSIGNABILITY
The rights, titles and interests of any Party to this Agreement shall not be assignable or transferable without the written consent of the Board of Supervisors for Riverside County and the City Councils of any of the other Parties to this Agreement.

SECTION 19. MISCELLANEOUS
Section Headings. The section headings her ein are for convenience of the Parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

Laws of California. This Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of the State of California.

Construction of Language . It is the intention of the P arties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.

Cooperation. The Parties to this Agreement recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement including cooperation in manners relating to the public, accounting, litigation, public relations and the like.

Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.
14 Publication Rights . Each P arty to this Agreement shall have the right to duplicate, at its own expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder by the Board or by any other Party hereto pursuant to this Agreement.

Government Code Section 6509 Designation. The laws of the State of California applicable to the COUNTY, as a general law county, shall govern the SCFA in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said county in the manner of exercising such powers, as required by California Government Code Section 6509. [Signature Pages to Follow]
15 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized as of the date first above written.

COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
By:____________________________
V. Manuel Perez, Chair
Board of Supervisors
ATTEST:

Kimberly Rector
Clerk of the Board
By:____________________________
Deputy
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By:____________________________
Amrit P. Dhillon
Deputy County Counsel

CITY OF CANYON LAKE
By:______________________________ Date:_______________________ Mayor
ATTEST:

By:______________________________ Date:_______________________ City Clerk
Approved as to form:

By:______________________________
City Attorney

CITY OF LAKE ELSINORE
By:______________________________ Date:_______________________ Mayor
ATTEST:

By:______________________________ Date:_______________________ Deputy
[Seal] Approved as to form:

By:______________________________
City Attorney

CITY OF TEMECULA
By:______________________________ Date:_______________________ Mayor
ATTEST:

By:______________________________ Date:_______________________ City Clerk
Approved as to form:

By:______________________________
City Attorney

CITY OF MURRIETA
By:______________________________ Date:_______________________ Mayor
ATTEST:

By:______________________________ Date:_______________________ City Clerk
[Seal] Approved as to form:

By:______________________________
City Attorney

CITY OF WILDOMAR

By:______________________________ Date:_______________________

Mayor

ATTEST:

By:______________________________ Date:_______________________ Deputy

[Seal] Approved as to form:

By:______________________________

City Attorney

CITY OF MENIFEE

By:______________________________ Date:_______________________ Mayor

ATTEST:

By:______________________________ Date:_______________________

Deputy

[Seal] Approved as to form:

By:______________________________

City Attorney

ATTACHMENT A

MAP OF SCFA SERVICE AREA
(BEHIND THIS PAGE)

11)
California Department of Parks and Recreation Land and Water Conservation Fund Grant Program
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND LAKE ELSINORE PROJECT.

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:July 22, 2025
Subject:California Department of Parks and Recreation Land and Water Conservation Fund Grant Program
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND LAKE ELSINORE PROJECT.

Background
The Land and Water Conservation Fund (LWCF) Grant Program, administered by the California Department of Parks and Recreation, provides funding to local agencies for the acquisition and development of outdoor recreation areas and facilities. Since 1965, this program has helped fund more than 1,000 park projects across California, expanding access to outdoor spaces and promoting community health and wellness.

Discussion
The City of Lake Elsinore is pursuing a $2,500,000 grant through the LWCF Grant Program to support the acquisition of property for the development of a new public park. Staff has identified suitable parcels that would expand and enhance the City's parks system to better serve current and future residents. If awarded, the grant will help meet growing community demand for recreational amenities and green space.

A resolution of support from the City Council is required as part of the grant application package.

LWCF Grant Application

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Fiscal Impact
The City is requesting $2,500,000 through the LWCF Grant Program. As part of the application requirements, a 1:1 local match must be provided. If the grant is awarded, staff will present a detailed funding plan for Council consideration.

Attachments
Attachment 1 - Resolution
City Manager's Office
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND WATER

CONSERVATION FUND LAKE ELSINORE PROJECT
Whereas, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
Whereas, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
Whereas, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed; Lake Elsinore Park
Section 2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and Section 3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.” Section 4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and Section 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Section 6. Appoints the City Manager or their designee as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.

Section 5. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Margins are set at .05 on all sides. Please do not expand the margins as the left side may be too wide to punch for binding without punching part of the text. Use 11 pt Arial font, full justification and spacing is to be exactly 11 pt. To change this spacing, go to Format/ Paragraph/ Line Spacing – Exactly - 11pt. Please note that some titles of the report are bold and some are in regular print. If your report is 2 or more pages, a header must be inserted, in the upper left hand corner, on subsequent pages. The header must contain a shortened version of the title of the report, the meeting date and page number:

Ex: Washington Firehouse
May 16, 2001

The report should be saved on the F Drive under Agendas and the appropriate meeting date. This template is available at f:/Wsforms/agenda report with descriptions.doc
CC Reso No. 2025-

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4 Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22 day of July 2025.

Brian Tisdale
Mayor
Attest:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2025-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of July 22, 2025, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
12)
Amendment No. 1 to the Agreement Dennis Janda, Inc. for On-Call Surveyor Services for City-Wide Requirements
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Dennis Janda, Inc. for on-call Surveyor Services to extend the term beginning July 22, 2025 and ending June 30, 2027 and increase the annual compensation by an additional $50,000.00 for a total amount not to exceed $85,000.00 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:Shannon Buckley, Assistant City Manager
Date:July 22, 2025
Subject: Approve and Authorize the City Manager to Execute Amendment No. 1 to the Professional Services Agreement for On-Call Surveyor Services for City-Wide Requirements with Dennis Janda Inc.

Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Dennis Janda, Inc. for On-Call Surveyor Services to extend the term by two years and increase annual compensation to Fifty Thousand dollars ($50,000.00) in such final form as approved by the City Attorney.

Background
Over the past several years, the City has used the On-Call Surveying Services of Dennis Janda Inc. in support of various City projects. Accurate surveying services are critical to the construction phase of any project. Both on-site and off-site services are required to perform construction calculations and create construction site layouts for precision measurements above and below ground. Surveying services provide horizontal and vertical control limits as detailed on the construction documents. These surveying services will include, but not be limited to, the following items:
· Various field crew services
· Site control & elevation verification & demo limits
· Property boundaries
· Survey monuments and marking
· Site development for grading street curb and gutter
· Traffic Signal marking
· Water - domestic and fire appurtenances
· Sewer and storm drain marking and elevation verification · Roads, sidewalks, and ramps
· Light standards
· Electrical & gas lines
· Building locations and elevations per plan
Amendment #1 PSA Dennis Janda, Inc.

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Discussion
In this agreement, the City will continue to utilize the survey services of Dennis Janda Inc. on an as-needed basis, and this arrangement will remain in effect until the term of this agreement is terminated or renewed. This agreement will provide for the surveying services to a wide range of City projects and needs as identified in the Fiscal Year 2025-26 Capital Improvement Program Budget. Dennis Janda Inc. has been a part of a very specialized team of professionals providing services to the City for design and site development for major City Capital Improvement Projects (Rosetta Canyon Sports Park, Launch Pointe RV Resort, Lincoln Road Realignment, Camino Del Norte Road, Neighborhood Center Building Remodel, and Public Works Administrative Building). It will continue providing needed on-call survey support.

Fiscal Impact
The services will be funded with Development Impact Fees.

Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Original Agreement with Proposal
City Manager's Office
AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
Dennis Janda, Inc

ON CALL SERVICES
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 7/22/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Dennis Janda, Inc., a corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of June 28, 2022, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of thirty-five thousand dollars ($35,000.00).

C. The parties now desire to amend the scope of services to extend the term beginning July 22, 2025 and ending June 30, 2025 and increase the payment for such services by Fifty Thousand dollars 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 perform the services described in Consultant’s 6/23/2022 Proposal (attached to this Amendment No. 1 as Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.

2. Section 2c, Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 22, 2025 and ending June 30, 2027. Consultant hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Consultant acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

3. Section 3, Compensation, of the Original Agreement is hereby amended and restated 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 Proposals (Exhibit A to the Original Agreement) which are incorporated herein by reference. In no event shall Consultant's compensation for services under the Original Agreement as amended by Amendment No.1 exceed Eighty Five Thousand dollars ($85,000.00) without additional written authorization the City Council. Notwithstanding any

provision of Consultant's Proposals to the contrary, out of pocket expenses 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” “CONSULTANT”
CITY OF LAKE ELSINORE, a municipal Dennis Janda, Inc. corporation .

. .

City Manager Dennis Janda, Inc, Owner
Date: . Date: .

ATTEST:
.

City Clerk
APPROVED AS TO FORM:
.

City Attorney
.

Assistant City Manager
Attachments: Exhibit A – Consultant’s Proposal.

13)
Agreement with PlainJoes Studios for the Maintenance and Management of the Launch Pointe Website
Approve and authorize the City Manager to execute an Agreement with PlainJoes Studios in an annual amount not to exceed $27,000 for Launch Pointe website content management 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 $2,700 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:July 22, 2025
Subject:Agreement with PlainJoes Studios for the Maintenance and Management of the Launch Pointe Website
Recommendation
Approve and authorize the City Manager to execute an Agreement with PlainJoes Studios in an annual amount not to exceed $27,000 for Launch Pointe website content management 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 $2,700 for uncertainties and adjustments.

Background
PlainJoes Studios has established itself as a premier creative partner in shaping the branding and digital presence of Launch Pointe, positioning it as the Ultimate Recreation Destination. Their expertise in crafting emotionally compelling and experiential content has been instrumental in telling the Launch Pointe story in a way that resonates deeply with our target audience. By seamlessly blending storytelling with innovative design, PlainJoes Studios has created a web presence that not only captures the essence of Launch Pointe but also engages visitors with a user-friendly and immersive online experience.

PlainJoes Studios’ portfolio showcases their capability to handle complex projects with creativity and technical proficiency, making them an ideal partner for Launch Pointe’s ongoing digital needs.

Their collaborative approach, combined with a deep understanding of our vision, positions them to continue enhancing our online presence and supporting our mission to deliver unparalleled recreational experiences. By leveraging their expertise, Launch Pointe can maintain a website that not only reflects our brand’s unique identity but also drives engagement and fosters lasting connections with our community.

PlainJoes Studio LP Website

Discussion
PlainJoes Studios’ selection as the website contractor for Launch Pointe is supported by their exceptional ability to translate our vision into a compelling digital experience that elevates our brand as the Ultimate Recreation Destination. Their proven expertise in creating emotionally resonant and experiential content has resulted in a website that not only showcases Launch Pointe’s unique offerings but also fosters meaningful engagement with our audience.

The studio’s meticulous attention to detail ensures that all content is accurate, visually striking, and aligned with our strategic goals. Their user-centric design approach has delivered an intuitive and accessible web experience. Their ongoing commitment to excellence and adaptability to evolving digital trends positions them to support Launch Pointe’s future growth, ensuring our website continues to serve as a powerful tool for attracting and retaining our community of visitors Fiscal Impact
The funding for this contract is included in the Fiscal Year 25/26 Launch Pointe operating budget.

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
Community Services

AGREEMENT FOR PROFESSIONAL SERVICES
PlainJoes Studios
Launch Pointe Website Content
This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 22, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and PlainJoes Studios, a Corporation ("Consultant").

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

Website content, digital wayfinding system, signage, unique graphics, and exhibition substance for the branding of Launch Pointe
B. Consultant has submitted to City a proposal, dated July 15, 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.

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0 c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed twenty seven thousand dollars and zero cents ($27,000.00) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

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

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0 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 third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the 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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0 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

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

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

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

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

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

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of

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0 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

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0 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.

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0 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: PlainJoes Studios
Attn: Kelsey Sibal
7345 Piute Creek Dr.

Corona, CA 92881

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.

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0 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

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0 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. 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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0 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”
PlainJoes Studios, a Corporation
By: Kelsey Sibal
Its: President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
Presented to
Launch Pointe
Contract Number
SLS-4356
Location
City of Lake Elsinore, California, USA
Presented by
Storyland Studios LLC
Date of Issue
7/15/2025
Key Contact
Kim Jetton

BRINGING YOUR

STORY TO LIFE
2 Dear Jason,
On behalf of Storyland Studios, I’m pleased to submit our proposal for a continued web and digital services retainer for the 2025/2026 period. It has been a privilege to support the City of Lake Elsinore, Launch Pointe’s on numerous projects over previous years, and we are excited about the opportunity to build on that strong foundation.

This proposal reflects both the essential services we’ve consistently delivered - including website content coordination, platform maintenance, and uptime monitoring - and several expanded offerings designed to enhance responsiveness and flexibility, such as web ticketing, general web updates, and new page design and development support.

We understand the importance of a well-maintained and engaging digital presence, especially for a city that is as active and community-focused as Lake Elsinore. Our team is committed to providing consistent, thoughtful service that aligns with your goals and timelines, while continuing to adapt to new needs as they arise.

Thank you again for the trust you’ve placed in us. We look forward to the opportunity to continue supporting your digital initiatives and serving as a dependable extension of your communications team.

Warm regards,
Kim Jetton

PROJECT MANAGER
[email protected] | 909-653-5332
PLEASE NOTE: THIS PROPOSAL IS IN DRAFT FORMAT TO ALLOW THE CLIENT TO INCLUDE INTO THEIR

OWN CONTRACT TEMPLATE, INCLUDING TERMS AND CONDITIONS, AND WILL BE SENT TO STORYLAND STUDIOS FOR SIGNING.

EXECUTIVE SUMMARY
STORYLAND STUDIOS’
3 CITY OF LAKE ELSINORE
We worked with the City to develop a full feasibility and concept solution, through to completion, for the development of the brand, placemaking, and recreation options for Launch Pointe SCOPE, SCHEDULE + FEE

PART XXX
4 Storyland Studios is pleased to present this proposal for a continued web and digital services retainer with Launch Pointe, City of Lake Elsinore for the 2025/2026 period. Building on our successful collaboration to date, this renewed partnership is designed to ensure Launch Pointe’s digital presence remains current, secure, and responsive to evolving community needs.

Over the past retainer period, Storyland Studios has worked closely with the Launch Pointe to manage and support ongoing feature content updates - including news, events, and photography - while ensuring seamless coordination with your team. Our scope also included essential technical services such as regular WordPress and plugin updates, security patches, scheduled website backups (covering both files and databases), and around-the-clock site status monitoring, with proactive alerts in the event of any downtime.

For the 2025/2026 cycle, we propose to maintain all core support services while expanding the retainer to include the following for your website(s): Tickets, Updates and Page Design & Development.

We value our continued partnership with Launch Pointe and are committed to providing dependable, responsive support that aligns with the City's strategic goals and public-facing communication priorities.

The following pages outline the scope and deliverables in more detail along with the schedule and fee for this new retainer taking you through 2025/6.

We look forward to continuing our working relationship with you.

STATEMENT OF PURPOSE
STORYLAND STUDIOS’
5 DELIVERABLES
Storyland Studios proposes a monthly retainer, of 15 hours per month, for website maintenance and support for Launch Pointe.

This includes but not limited to:
• Feature content updates, news, events, photos, etc. PJS to coordinate and work with City of Lake Elsinore on content.
• Updates to WordPress and plugins regularly.
• Security updates and patches.
• Website backups at regular intervals (includes files and databases). • Website status monitoring - team is alerted if/when site goes down. • Web Tickets
• Web Updates
• Web Page Design/Development (subject to hours available or change order) SCOPE

PROPOSED
6 SCHEDULE BREAKDOWN:

NOTES ON THE PRICING

FEE BREAKDOWN
• The above fee equates to approximately 15 hours of Studio time per month. • A monthly hours report will be provided to assess the hours usage trend. If average hours usage is above monthly retained for 6 months an adjustment to retainer may be needed to bring alignment within 12 months.
• Banked retainer hours must be used within twelve (12) months of the month in which they were accrued. Hours not utilized within this twelve-month window will expire and will not be carried forward or credited. It is the client’s responsibility to schedule work within that period to ensure usage. Exceptions to this policy must be requested in writing and approved by the Studio in advance.
• Minimum Billing Increments - see following page for detail PAYMENT SCHEDULE:
• Monthly Payment instructions: Launch Pointe / City of Lake Elsinore, will be sent a monthly invoice outlining the retainer fee. The first invoice will be issued upon signing of this agreement. Any additional costs incurred on a monthly basis will be detailed (e.g. pre-approved hard costs or reimbursable costs).

Any queries should be sent to your account manager: [email protected] Service Schedule
Retainer Services
Start Date: August 1st, 2025, for a
minimum of 12 months
Service Fee
Monthly Fee $2,250 per month, minimum of 12 months
TOTAL $27,000
SCHEDULE + FEE

PROPOSED
7 Exclusions
• Any work not documented in the Scope is considered excluded. • Hard costs: such as printing costs, photography, videography, content writing will be charged and invoiced separately.
• All creative deliverables come with one (1) round of revisions. Any additional revisions requested by the client will be charged separately through a Change Order. • Travel expenses are not included in the fee and will be reimbursable from the client. No travel will be booked without the client’s approval.
• No taxes or VAT have been included in our fee.

Assumptions
• We will maintain regular communication - both informal and formal check ins will be arranged following contract signing
• Minimum Billing Increments and Communication Efficiency: To ensure efficient use of time and resources, the following minimum billing increments and engagement expectations shall apply:
• Minimum Commitment: Unless otherwise agreed in writing, the Client agrees to a minimum billing commitment of thirty (30) hours per calendar month for services rendered by the Contractor.
• Billing Increments: Work performed by the Contractor shall be billed in minimum increments of fifteen (15) minutes. This applies to all activities, including but not limited to meetings, project work, communication, and documentation.
• Communication Efficiency: both parties agree to consolidate feedback where possible and allow for reasonable turnaround times to enable focused, uninterrupted work. • Review and Adjustment: These provisions may be reviewed periodically by mutual agreement to ensure they continue to support effective collaboration and project outcomes. • No work will take place until Storyland is in receipt of the deposit and a signed copy of this contract. • All deliverables will be submitted as PDF files, or suitable format at Storyland's discretion. • All displayed fees are in USD ($), unless specifically stated otherwise. • Any air-travel and associated travel expenses will be recouped at cost +10% administration charge. (To be approved by client prior to cost being incurred).
• Additional expenses may be incurred over the course of the project life cycle, to be approved by client, as detailed in the terms and conditions.

EXCLUSIONS + ASSUMPTIONS

PROPOSED
We would be delighted to work with you on this project and hope that this proposal demonstrates our expertise, experience, and passion to deliver against your requirements.

Should you need anything further, please do not hesitate to contact us via:

Kim Jetton

PROJECT MANAGER
[email protected] | 909-653-5332

THANK YOU
14)
Temporary License to Use a Portion of Parking Lot at Alberhill Ranch Community Park for Charter School Site Pending Completion of a Permanent School Site on Riverside Drive

1. Find

that

the

proposed

temporary

use

project

is

exempt

from

the

California
Environmental

Quality

Act

(CEQA)

pursuant

to

CEQA

Guidelines

Section

15311
(Accessory Structures); and

2. Approve

the

temporary

use

of

a

portion

of

the

parking

lot

at

Alberhill

Ranch

Community
Park

for

modular

classrooms

for

a

charter

school

facility

and

authorize

the

City

Manager
to

execute

the

Right

of

Entry

Agreement

and

License

and

to

address

any

other

ancillary
matters

as

may

be

necessary

to

allow

for

and

facilitate

the

use

thereof,

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:Gina Gonzalez, Director of Economic Development and Legislative Affairs David Mann, Acting City Attorney
Date:July 22, 2025
Subject:Temporary License to Use a Portion of Parking Lot at Alberhill Ranch Community Park for Charter School Site Pending Completion of a Permanent School Site on Riverside Drive
Recommendation

1. Find that the proposed temporary use project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15311 (Accessory Structures); and

2. Approve the temporary use of a portion of the parking lot at Alberhill Ranch Community Park for modular classrooms for a charter school facility and authorize the City Manager to execute the Right of Entry Agreement and License and to address any other ancillary matters as may be necessary to allow for and facilitate the use thereof, in such final form as approved by the City Attorney.

Background
Vista Charter Public Schools has requested that the City grant a temporary right to use a portion of the parking lot at Alberhill Ranch Community Park until their permanent facility is constructed in the City. Vista Charter is in escrow to purchase property at Riverside Drive and Joy Street (APN 379-160-004) for a permanent facility. The transaction for a permanent site is contingent on Vista Charter obtaining all necessary governmental approvals by March 20, 2026.

Discussion
The proposed temporary use area is depicted in Exhibit B (Site Plan) to the attached Right of Entry Agreement and License and would include up to eight temporary modular classrooms to accommodate up to 170 students and 24 full-time staff.

Vista Charter Temporary License

In year one, Vista Charter proposes to operate a kindergarten to 9th grade education program (K- 5: 70 students, 6-9: 100 students) and then expanding their offerings annually by one grade per year (year two adding 10th grade, year three adding 11th grade, etc., and the possibility of expanding to include transitional kindergarten). Important for the community, Vista Charter proposes to operate both a traditional school and a trade school at its future home. Additionally, there are no other charter schools within the City’s boundaries. City staff has confirmed that the Riverside County Board of Education has approved Vista Charter to operate in the City.

The temporary use will be for three years with an option to extend one additional year if construction is unexpectedly delayed. Based on considerable consultation with City staff and representatives of Vista Charter, staff have concluded that this temporary use will not unreasonably interfere with the public's use and enjoyment of the park.

The Right of Entry Agreement and License provides for a reasonable use fee, which will offset staff costs and any other related expenses resulting from additional use of the park. Additionally, upon termination, the parking area used by the modular units will be restored to its original condition.

In addition to the requirement that the license be approved by the City Council this evening, the school facility plan is subject to design review approval by the Planning Commission. The Planning Commission will hear that matter on August 5, 2025. The license to use the parking lot is necessarily contingent upon the Planning Commission’s approval, which approval remains within the discretion of the Commissioners.

Environmental Determination
The proposed temporary use is exempt from the California Environmental Quality Act (Cal. Publ.

Res. Code §§21000 et seq.: “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15311 (Class 11 – Accessory Structures) because the use consists of the placement of temporary modular structures appurtenant to a publicly owned park and Vista Charter is a public charter school available for enrollment for children throughout the community.

Fiscal Impact
None. The use fee is anticipated to adequately cover any costs incurred by the City as a result of the temporary use and the use area will be restored to its original condition at the conclusion of the use period.

Attachments
Attachment 1 – Right of Entry Agreement and License
Economic Development
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RIGHT OF ENTRY AGREEMENT AND LICENSE
(ALBERHILL RANCH COMMUNITY PARK)

THIS RIGHT OF ENTRY AGREEMENT AND LICENSE (ALBERHILL RANCH COMMUNITY PARK) (“License”) is entered into as of July 22, 2025 (“Effective Date”) by and between the CITY OF LAKE ELSINORE, a municipal corporation (“City”), and VISTA CHARTER PUBLIC SCHOOL, a California non-profit corporation, public benefit (“Licensee”).

RECITALS
A. City desires to encourage and promote educational readiness and options, and career, trade school and college-preparatory development in Lake Elsinore by supporting local educational institutions that cater to Lake Elsinore residents.

B. Licensee proposes to operate an education facility program, from transitional kindergarten to twelfth grade (TK-12) and was approved by Riverside County Board of Education to operate in the City of Lake Elsinore. Additionally, the licensee is in escrow for the purchase of real property in Lake Elsinore for their permanent site for their education facility program.

C. City is the owner of Alberhill Ranch Community Park, hereinafter referred to as the “Alberhill Park,” identified as APN 389-02-0056 and depicted on Exhibit A.

D. Within Alberhill Park, there is an area known as the City Parking Lot Parcel (“Licensed Area”), depicted in Exhibit B, in which Licensee desires to obtain from the City a License to use (Licensed Area) for educational purposes associated with the operation of Vista Charter Public School (“the Project”).

E. The parties have determined that a definitive agreement is needed to guide the harmonious use of the Licensed Area for the Permitted Uses and Activities set forth herein.

F. City finds that the uses of the Licensed Area as provided herein do not interfere with, but rather will contribute to the convenience of the general public in the use and enjoyment of, and the enhancement of recreational experiences available within the City and that the Permitted Uses and Activities (as defined in Section 4.a) are compatible with the general recreational plans for Lake Elsinore.

NOW THEREFORE, based on the foregoing and the promises, covenants and undertakings contained in this License, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Licensee agree as follows:

1. Term.
a. License Term. This License shall be effective on the Effective Date through June 30, 2028 (“License Term”). Except as otherwise specifically stated in this License Agreement, references to the “License Term” shall include any Extension Term as provided in Section 1.b.
b. Option to Extend. Licensee shall have one (1) options to extend the License Term for a period of one (1) year, an “Extension Term”), provided that at the time of such election and at the expiration of such existing term Licensee is not then in an uncured default under any of the terms or provisions of the License Agreement. Licensee shall exercise the option by giving written notice of Licensee’s intent to exercise its option to City at least ninety (90) days prior to the expiration of the License Term.
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2. Fees and Adjustments.
a. License Fee. Licensee shall pay a monthly license fee of license fee to the City in the amount of $4,000 (the “License Fee”), provided, however, that such License Fee shall be subject to adjustment as provided in Section 2.b. The License Fee shall be due and payable no later than the first day of each year during the License Term.

The first License Fee payment shall be delivered no later than three (3) days following the Effective Date. All subsequent License Fees to be paid by Licensee to City shall be paid in advance on the first day of each year. License Fee payments shall be made payable to the City of Lake Elsinore and delivered to:

City of Lake Elsinore
c/o Department of Administrative Services
130 South Main Street
Lake Elsinore, CA 92530
b. Adjustment of License Fee. The License Fee set forth in Section 2.a shall be adjusted on the first (1st) anniversary of the Effective Date (that is, the beginning of License Year 2 of the License Term) (the “Adjustment Date”). The License Fee will be adjusted to increase three percent (3%) annually.
c. Security Deposit. Licensee agrees to pay City a “Security Deposit” in the amount of $20,000 due within 10 days of the Effective Date. The Security Deposit shall be held by City without liability for interest and as security for the performance by Licensee of Licensee’s covenants and obligations under this License, including Section 23, and it being expressly understood that the Security Deposit shall not be considered an advance payment of the License Fee or a measure of Licensee’s damages in case of default by Licensee. City may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of License Fee or to satisfy any other covenant or obligation of Licensee hereunder. In addition to the foregoing, the City is hereby authorized to use the Security Deposit to fully restore the pavement on the Licensed Area following removal of the modular units.

3. License. Provided that all the terms and conditions of this License are fully satisfied, the City hereby grants to Licensee a non-assignable license to conduct the Permitted Uses and Activities upon the Licensed Area (Exhibit B). The Permitted Uses and Activities shall only be conducted from the Licensed Area described herein. The Licensee shall operate the Permitted Uses and Activities in accordance with all applicable laws, ordinances, resolutions, policies and rules governing the use of Lake Elsinore. Licensee shall not permit any offensive activity to be carried on upon any portion of the Licensed Area. The License is subject to all liens, encumbrances, covenants, conditions, restrictions, rights, rights of way, dedications and other matters of title (whether or not of record) existing on the date of this License.

4. License Conditions. Licensee agrees to comply with the following conditions:
a. Permitted Uses and Activities.
i. Parking. Licensee is permitted to use the parking area adjacent to the Licensed Area for general vehicle parking for Licensee and its invitees consistent with the Project, including reasonable ingress and egress thereto, Monday through Friday general parking for school uses, modulars, restrooms and temporary utilities only.
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ii. Classrooms. The parties agree that Licensee is authorized to take all steps necessary to request and secure the necessary approvals and permits from the City, and to install, eight (8) temporary modular classrooms (“Temporary Modulars”) on the Licensed Area. Licensee shall submit for Design Review with the City’s Community Development Department for approval and permitting of the Temporary Modulars and layout for operations. Licensee seeks to operate Monday through Friday, from 7am to 6pm.
iii. Recreation Area. Licensees and its invitees may access the designated “Recreation Area” on Exhibit B when such area is not otherwise in use by general park patrons for organized sports activities. Licensee recognizes and acknowledged that its use of the “Recreation Area” is subordinate to that of authorized sports teams and Licensee and its invitees shall comply with all directives issued by the City’s Director of Community Services regarding such use.
iv. Utilities. As part of the permitting, approval and installation of the Temporary Modulars, Licensee will construct any required utility improvements on the Licensed Area.
v. Utility Rights of Way and Risers and Conduits. Licensee may access and use rights of way and areas within the Licensed Area, sewers, pipelines, conduits and other transmission devices or facilities for electrical and utility service (telephone, cable, gas, heat, light, heat, data and power) as shown on the Plans and Specifications, including the right to enter upon, above, below or through the Licensed Area or otherwise utilize the Licensed Area for such purpose and to maintain, replace, repair, and enlarge the utility areas, without compensation or abatement, provided the Licensed Area shall be restored as much as reasonably possible to the condition existing prior to entry at the end of the Term; and such rights of way shall not materially and adversely impair Licensee’s use and operation of the Licensed Area.
b. Maintenance of Licensed Area. With respect to the use of the Licensed Area, Licensee is subject to the following conditions:
i. No building or permanent structure is permitted on the Licensed Area.

Licensee is authorized to place temporary shade structures, picnic tables and (8) relocatable temporary modulars complying with Section 4.a.ii may be utilized in addition to temporary storage facilities in compliance with Section 5.a.
ii. Licensee shall maintain the Licensed Area free of trash and debris at all times; if City has to clean up debris, graffiti, etc, Licensee will reimburse for the City’s costs at prevailing wage rates, and any others associated costs. iii. No overnight storage, camping, or stay is permitted on the Licensed Area, except as set forth in section 4(a)(ii).
iv. Under no circumstances shall Licensee place any obstruction or allow any obstruction to exist within the remaining parking lot, parkway, park, or road segments.
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c. Miscellaneous Terms of License.
i. Licensee shall provide the City with written verification of insurance in accordance with the requirements set forth in Section 15. Written verification of insurance updates shall be submitted without inquiry, prior to the ending of the existing insurance coverage term.
ii. Plans and Specifications. Vista Charter Public School shall have submitted to City of Lake Elsinore Community Development Department and Riverside County Board of Education (if necessary) shall have reviewed and, in its reasonable discretion, approved, approved with conditions, or rejected all “Plans and Specifications” for the Project. The approved Plans and Specifications shall be added to this agreement as an exhibit thereto (Exhibit C).
iii. City reserves the right to close the Park and/or parking lot without notice for reasons of potential adverse health or safety situations. Under no circumstances shall City be required to compensate Licensee as a result of such a closure. The City may or may not temporarily relocate operations depending on the conditions of the health or safety concern. iv. Licensee shall have reasonable non-exclusive use of common rights of way, driveways and walkways, and other access ways which are apparent from a visual inspection of Alberhill Park for purposes of accommodating vehicle parking and pedestrian access for the Project.

5. Liens. Licensee shall not suffer or permit to be filed or enforced against Licensed Area any mechanics’, laborers’, materialmen’s, contractors’, subcontractors’ or any other liens arising from any work performed or caused to be performed by the Licensee as a result of the use of the Licensed Area by the Licensee or the public. Licensee shall pay all such liens before any action is brought to enforce the same against Licensed Area. City shall have the right to post and maintain on the Licensed Area such Notices of Non-responsibility as desired by City or as may be provided by law.

6. Suspension of Permitted Uses and Activities. City may, in the exercise of its discretion, suspend operation of the Permitted Uses and Activities on the Licensed Area when the City deems Licensee’s operation of the Permitted Uses and Activities as failing to follow the requirements as set forth in Section 4, in the event that design review approval is not obtained as provided in Section 7, and/or otherwise needlessly endangering the public’s health and safety.

7. Contingency for Design Review; At-Risk. Licensee has submitted to the City an application for design review approval, which approval is a discretionary decision by the City.

Licensee hereby acknowledges that, notwithstanding the approval of this License by the City, that such approval in no way limits or otherwise constrains the City’s discretion with respect to the design review application and Licensee’s reliance on such future approval is at the Licensee’s sole risk. Accordingly, should Licensee elect to proceed under this License prior to the design review becoming a final approval, Licensee shall proceed at its own risk, including risk of liability, and with the understanding that City may not approve the design review application. The City will not issue a grading permit, building permit or certificate of occupancy unless the Conditions of Approval are satisfied consistent with City land use, zoning and subdivision regulations, building codes and applicable laws.
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8. Inspections. The City hereby reserves the right to enter upon the Licensed Area at any time to inspect, investigate, and survey the Licensed Area, any equipment, and the Permitted Uses and Activities as deemed necessary for administration and enforcement of the terms of this License, or to determine the need for any actions necessary for operation of the Permitted Uses and Activities as provided herein. The City will ensure that it is accompanied by an employee of Licensee if City will have contact with Licensee’s students.

9. Licensee Not An Agent. It is understood that Licensee shall not act as an agent or employee of the City. Licensee has the sole responsibility for ensuring that the activities are conducted in a reasonable and prudent manner.

10. Compliance with Laws. Licensee shall comply with all applicable federal, state and local laws, codes, ordinances and regulations. Licensee shall not have any outstanding charges with any local, state, or federal regulatory agencies.

11. Permits. Licensee represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals which are legally required of Licensee in order to fully operate. Licensee represents and warrants to City that Licensee shall, at its sole cost and expense, keep in effect or obtain at all times during the License Term, any licenses, permits, insurance, utilities, and approvals which are legally required of Licensee.

12. Charter Documentation. Licensee shall be and at all times possesses all necessary consents, permits and approvals required by Applicable Law to operate the School, that it is in good standing under the laws of the State, and its charter is fully operational, complete, and effective in all material respects relative to its operation of the School.

13. School Board Approval. The Board shall have approved the Project and additional actions contemplated herein, and given delegated authority to Licensee or designee(s) for the execution, delivery and consummation of the same.

14. No Interest in Real Property Estate. Licensee understands and agrees that the License granted herein is a license and not a lease; confers only permission to occupy and use the Licensed Area described for prescribed purposes in accordance with the terms and conditions hereinafter specified without granted or reserving to Licensee any interest or estate therein; the expenditure of capital and/or labor in the course of use and occupancy thereunder shall not confer any interest or estate in the in the Licensed Area by virtue of such use, occupancy and/or expenditure of money thereon; and it is the intention of the parties to limit the right of use granted herein to a personal, revocable and assignable privilege of use in the Licensed Area for the License granted herein.

15. Taxes. Licensee acknowledges that this License Agreement may create a possessory interest of Licensee in and to the property of City, a tax-exempt public entity. Such possessory interest may be subject to property taxation. In the event of such taxation, Licensee, not City, shall be responsible for the payment of such taxes. This Section shall constitute disclosure of the possibility of the taxation of Licensee’s interest, as said notice is contemplated by Section 107.6 of the Revenue and Taxation Code of State of California. Notwithstanding the foregoing, no property rights in the Licensed Area, or right of possession thereof, is granted by this License Agreement.

16. Indemnification; Waiver. Licensee agrees to indemnify and hold City and its employees, officers, directors, agents and contractors (collectively, “City’s Representatives”) harmless, and to defend City and the City’s Representatives with counsel reasonably satisfactory to City, from and against any and all liabilities, losses, actions, damages, obligations, judgments, 6 3
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costs and expenses (including, without limitation, attorneys’ fees) (collectively, “Liabilities”) which City or any of the City’s Representatives may incur or suffer arising out of or in any manner connected with (i) negligence or misconduct in the use of Licensed Area by Licensee or its invitees (ii) the breach of or failure of Licensee to perform any of Licensee’s covenants contained in this License; and/or (iii) the City’s approval of this License.

17. Non-liability. Except where caused by the gross negligence or willful misconduct of the City or any of the City’s Representatives, to the fullest extent permitted by law, neither City nor any of the City’s Representatives shall bear any responsibility for any Liabilities arising out of or in any manner connected with any person’s use of Licensed Area, and all persons using Licensed Area do so completely at their own risk.

18. Insurance Requirements. Licensee, at Licensee’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
a. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per accident and ($2,000,000) two million dollars general aggregate.
b. 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 License, 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. c. 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.

19. Amendment. This License may be amended, modified or terminated only by an instrument in writing executed by Licensee and City agreeing to amend, modify or terminate this License.

20. Survival. The obligations under this License shall survive the expiration of the License and the License Term; provided, however, in no event shall Licensee have the right to use Licensed Area after the expiration of the License Term nor shall the public have the right to use Licensed Area for such an operation after such time.

21. Licensee Defaults. For the purpose of this License, the term "Default by Licensee" shall mean the occurrence of any one or more of the following events:
a. Failure by Licensee to pay when due any payment of the License Fee or any other sum of money payable under this License, provided that such failure shall continue for a period of five (5) days after the date Licensee receives written notice from City of such failure; b. Failure by Licensee to pay any premium for insurance required under this License, or any other sum required to be paid by Licensee pursuant to this License provided that 7 3
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such failure shall continue for a period of five (5) days after Licensee receives written notice from City of such failure or failure by Licensee to maintain any insurance required under this License; c. Commencement of any action or proceeding by or against Licensee under any federal or state bankruptcy or insolvency law or other debtors relief law, whether now or hereafter in force, including (but not limited to) any action or proceeding to have Licensee declared bankrupt and any action or proceeding seeking reorganization of Licensee or seeking an arrangement with all or some of Licensee’s creditors, whether or not a trustee or receiver is appointed, provided that such action or proceeding continues without dismissal for a period of ninety (90) days after its commencement;
d. Appointment, either voluntarily or involuntarily, of a receiver, trustee, keeper, or other person to take possession of all or substantially all of the assets of Licensee, if such appointment and possession continues without dismissal for a period of ninety (90) days after commencement;
e. Execution by Licensee of an assignment for the benefit of its creditors of all or substantially all of its assets that are available by law for the satisfaction of claims of judgment by creditors of Licensee; or
f. Failure by Licensee to perform or comply with any other term, covenant, or provision of this License including, but not limited to, the obligation to operate the Permitted Uses and Activities, not cured within twenty (20) days after Licensee receives written notice from City of the default (which notice shall specify the particulars of such default), or, in the case of a default reasonably requiring more than twenty (20) days to cure, not cured within a reasonable time after the giving of such notice, provided that the curing of the default is commenced within the twenty (20) day period after City gives Licensee notice of such default and is diligently and in good faith pursued and executed to completion.

In the event of any Default by Licensee under this License that is not cured by Licensee within any applicable grace period, and in addition to any and all other rights or remedies of City hereunder, or as provided by law or in equity, City may exercise the following remedies at its sole option:
g. Termination. In the event of any Default by Licensee, City shall have the right to terminate this License and the License granted herein by giving Licensee written notice of termination. No act by or on behalf of City (such as entry onto the Licensed Area by City to perform maintenance and efforts to seek another Licensee), other than giving Licensee written notice of termination, shall terminate this License. If City gives such notice, this License and the License Term, as well as the license, right, and interest of Licensee under this License, shall wholly cease and expire (except as to Licensee’s liability) on the date specified in such notice as if such date were the expiration date of the License Term without the necessity of re-entry or any other act on City’s part.
h. City shall be entitled to recover from Licensee, without limitation, as damages any amount necessary to compensate City for all the detriment proximately caused by Licensee’s failure to perform its obligations under this License, or which in the ordinary course of things would be likely to result therefrom, including, without limitation, attorneys’ fees and costs; provided, however, the City shall have no right to consequential damages. i. Right to Continue the License. City has the right, but not the obligation, to continue this License in effect after a Default by Licensee, and may recover License Fees when due for so long as City does not terminate this License. Upon a Default by Licensee, City’s acts 8 3
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of preservation, efforts to find another Licensee, or the appointment of a receiver to protect its interest under this License shall not constitute a termination of Licensee’s License interest.

Notwithstanding the foregoing, three (3) or more (consecutive or otherwise) Defaults by Licensee occurring within a 12-month period shall constitute an automatic default hereunder without any further obligation on the part of City in any way and shall entitle City to immediately terminate this License and the License granted herein by giving Licensee written notice of termination.

22. Default by City. For the purpose of this License, the term "Default by City" shall mean the occurrence of any one or more of the following events:
a. Failure by City to provide a portion of access to the Licensed Area (of Exhibit A); b. Default or breach by City of any other term, covenant, or provision of this License, other than providing necessary access to the Licensed Area to the Licensee, not cured within twenty (20) days after City receives written notice from Licensee of the default (which notice shall specify the particulars of such default), or, in the case of a default reasonably requiring more than twenty (20)days to cure, not cured within a reasonable time after the giving of such notice, provided that the curing of the default is commenced within the twenty (20)day period after Licensee gives City notice of such default and is diligently and in good faith pursued and executed to completion.

In the event of any Default by City under this License that is not cured by City within any applicable grace period, Licensee shall have all other rights and remedies available hereunder, or as provided by law or in equity, including the right to terminate this License or continue this License in effect, and collect all damages directly and indirectly caused by the Default by City (provided, however, Licensee shall have no right to consequential damages) and the right to enforce specific performance of this License.

23. Surrender Of Premises. On the Expiration Date or earlier termination of this License, Licensee shall surrender the Licensed Area to City vacant, with all improvements and Alterations in their original condition, except for any changes resulting from approved Alterations as provided by this Agreement; provided, however, that prior to the Expiration Date or earlier termination of this License, Licensee shall remove from the Licensed Area the Temporary Modulars and any other alterations that Licensee is required by City to remove as provided herein, and all of Licensee’s property, and, at City’s sole election, any other improvements, whether installed by City or Licensee, that are of a type or quantity that would not be installed by or for a typical licensee using space for general purposes, or are otherwise nonstandard. If such removal is not completed at the expiration or earlier termination of this License, City may remove the same at Licensee’s expense. Any damage to the Licensed Area caused by such removal shall be repaired promptly by Licensee or, if Licensee fails to do so, City may do so at Licensee’s expense.

The Licensed Area shall be fully repaved at Licensee’s expense upon the surrender of the License Premises. Licensee’s obligations under this Section shall survive the expiration or earlier termination of this License.

24. Entire Agreement; Exhibits. This License includes pages 1 through 11 and Exhibits A, B, and C which is attached hereto and incorporated by reference herein. This License constitutes the complete exclusive statement of License between the City and Licensee. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this License.

25. Construction. Headings in this License are for convenience only and are not part of this License. When the context so requires, words in the masculine, feminine or neuter gender 9 3
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shall include each other gender; and words in the singular or plural shall include each other.

Unless otherwise indicated, all references to paragraphs and subparagraphs are to this License.

This License is executed and delivered in the State of California and shall be construed and enforced in accordance with and governed by the laws of the State of California.

26. Severability. In the event any portion of this License shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this License and the remaining part of this License shall remain in full force and effect, as fully as though such invalid, illegal and unenforceable portion had never been part of this License.

27. Controlling Law and Venue. This License and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this License shall be held exclusively in a state court in the County of Riverside. The Licenses contained herein shall not be construed in favor or against either party, but shall be construed as if all parties prepared this License.

28. Interest. Any amounts required to be paid by one party to the other party under this License shall bear interest from the date due until paid at the lesser of the rate of ten percent (10%) per annum or the highest rate permitted by applicable law.

29. Attorneys’ Fees. If any action is brought to enforce this License, the prevailing party(s) shall be entitled to recover all costs and expenses of the action including reasonable attorneys’ fees.

30. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this License through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("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. Any mediation must be completed within 90 days after initiation of dispute resolution.

31. Entire Agreement. This License contains the entire agreement between the parties concerning the subject matter of this License and supersedes any and all other prior agreements, understandings, or negotiations concerning such subject matter.

32. Enforcement. Enforcement of this License may be by any proceeding in law or in equity against any person or persons or entity or entities violating or attempting to violate any of the provisions of this License, and any party enforcing this License may seek to enjoin or prevent such violating party or parties from doing so, may seek to cause any violation to be remedied and/or to recover damages for any violation.

33. Notices. All notices or other communications required or permitted under this License shall be in writing and shall be delivered personally or sent by United States mail, registered or certified, return receipt requested, postage prepaid, or by overnight courier, addressed as set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed via United States Mail, or upon delivery if by courier. 10 3
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If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Licensee: Vista Charter Public School
Attn: Alyssa Ross
601 N Fairview Street
Santa Ana, CA 92703
Any party may, by notice to the other, designate a different address for notices which shall be substituted for that specified above. All notices and other communications given as provided in this paragraph shall be effective upon receipt.

34. Counterparts. This License may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

35. Authority to Enter License; Administration. Licensee has all requisite power and authority to conduct its business and to execute, deliver and perform the License. The individual who has signed this License on behalf of the Licensee has the legal power, right, and authority to make this License and to bind Licensee. The City Manager of the City shall execute and administer this License on behalf of the City. The City Manager, or authorized representative, shall have the authority to issue interpretations, waive provisions, enter into amendments and extend the Initial Term of this License. Notwithstanding the foregoing, the City Manager may in his/her sole and absolute discretion determine that any matter in connection with this License will be presented to the City Council.

36. Prohibited Interest. Licensee maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Licensee, to solicit or secure this License. Further, Licensee 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 Licensee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this License. For breach or violation of this warranty, City shall have the right to rescind this License without liability. For the term of this License, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this License, or obtain any present or anticipated material benefit arising therefrom.
11 3
9 2
6 6
IN WITNESS WHEREOF, the parties have executed this License on the day and year set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Date: _________________, 20__ By: ______________________________ Jason Simpson, City Manager
ATTEST:
__________________________

CITY CLERK
APPROVED AS TO FORM:
___________________________

CITY ATTORNEY
“LICENSEE”
VISTA CHARTER PUBLIC SCHOOL, a
California non-profit corporation, public
benefit
Date: _________________, 20__ By: ______________________________ Dr. Collin Felch, Superintendent

EXHIBIT A

EXHIBIT A

SITE MAP

EXHIBIT B

EXHIBIT B
Site Plan

EXHIBIT C

EXHIBIT C

PLANS AND SPECIFICATIONS
[To be attached]
15)
Final Closeout Amendment No. 3 to the Professional Services Agreement with FCG for Resident Engineering Services on the Main Street/I15 Interchange Improvement Project CIP Z10094
Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with FCG for $71,451.38 plus an additional 10% contingency for the closeout of Resident Engineering Services for the Main Street/I15 Interchange Improvement Project as approved in final form 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:July 22, 2025
Subject:Final Closeout Amendment No. 3 to the Professional Services Agreement with FCG for Resident Engineering Services on the Main Street/I15 Interchange Improvement Project CIP Z10094
Recommendation
Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with FCG for $71,451.38 plus an additional 10% contingency for the closeout of Resident Engineering Services for the Main Street/I15 Interchange Improvement Project as approved in final form by the City Attorney.

Background
On October 13th, 2020, the City Council approved a professional services agreement with FCG Consultants to provide construction management & inspection services for the I-15 / Main Street Interchange Improvements Project. Council Approved Amendment No. 1 on September 12, 2023, and Amendment No. 2 was approved on April 23, 2024.

FCG will continue to work with the City and Caltrans on project closeout tasks necessary to secure relief of maintenance and closing out the project. Amendment No. 3 will allow for the consultant to complete all administrative tasks related to project closeout, which is anticipated to take place no later than end of August,2025.

Discussion
The I-15 Main Street Interchange Improvement Project consists of widening Main Street through the interchange by means of tie-back walls at both North and South Abutments, Signalization of North Bound and South Bound Ramps, and at the Main Street and Camino Del Norte Intersection.

The project scope also includes ramp widening and on-ramp metering.

Amendment No. 3 FCG - I15/Main Street Interchange

The project has been completed, including punch list items. FCG continues to act on behalf of the City, performing closeout tasks to facilitate final acceptance and the issuance of maintenance relief by Caltrans District 8.

Fiscal Impact
Fiscal impact from Amendment No. 3 to the Professional Services Agreement with FCG results into $71,451.38 plus 10% for unforeseen contingency. The project has been programmed in the City’s CIP Budget.

Attachments
Attachment 1 - Amendment No. 3
Exhibit A - Final Closeout Proposal
Attachment 2 – Amendment No. 2
Attachment 3 – Amendment No. 1
Attachment 4 – Original Agreement
Engineering
3 9
2 3
4 AMENDMENT NO. 3

TO AGREEMENT FOR PROFESSIONAL SERVICES
FCG Consultant, Inc.

I-15/Main Street Interchange Improvements – Construction Management & Inspection This Amendment No. 3 to Agreement for Professional Services is made and entered into as of 7/22/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and FCG Consultants, Inc., a Corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/13/2020, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of Seven Hundred Forty-Three Thousand Four Hundred Ninety-One dollars and Thirty-Five cents ($743,491.35).

C. Amendment No. 1, approved September 12, 2023, increased the Consultant compensation in an amount of $349,944.48.

D. Amendment No. 2 approved April 23, 2024, increased the Consultant compensation in an amount of $258,091.95.

E. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 3.

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

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

Notwithstanding the foregoing, for purposes of Amendment No. 3 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 3). In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 3 exceed Seventy-One Thousand Four Hundred Fifty-One dollars and Thirty-Eight cents ($71,451.38) without additional written authorization from the City Council. Total compensation shall not exceed One Million Four Hundred Twenty-Two Thousand Nine Hundred Seventy-Nine dollars and Sixteen cents ($1,422,979.16).
3 9
2 3
4 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.

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

IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
FCG Consultants, Inc.

City Manager
Date:

Maha Fakhouri, President & CEO
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]
Month FCG RTEA MB Pro ZTC HES Total To City Paid
January-22 5,486.80$ 5,486.80$ 2/10/22 Paid February-22 6,110.30$ 14,072.26$ 20,182.56$ 3/14/22 Paid March-22 17,208.60$ 5,730.02$ 10,533.60$ 33,472.22$ 5/14/22 Paid April-22 26,062.30$ 3,707.66$ 3,121.69$ 32,891.65$ 5/14/22 Paid May-22 17,458.00$ 3,249.21$ 7,974.23$ 2,580.80$ 31,262.24$ 6/7/22 Paid June-22 30,302.10$ 8,486.81$ 1,430.85$ 40,219.76$ 7/9/22 Paid July-22 26,436.40$ 8,480.06$ 3,092.13$ 1,144.68$ 39,153.27$ 8/13/22 Paid August-22 30,052.70$ 15,956.02$ 7,684.87$ 1,144.68$ 54,838.27$ 9/11/22 Paid September-22 29,304.50$ 14,317.97$ 3,410.00$ 10,424.10$ 57,456.57$ 10/11/22 Paid October-22 27,059.90$ 10,933.87$ 4,260.00$ 1,446.60$ 858.51$ 44,558.88$ 11/11/22 Paid November-22 24,565.90$ 9,552.10$ 8,360.00$ 6,439.17$ 48,917.17$ 12/12/22 Paid December-22 29,740.95$ 11,630.00$ 882.40$ 42,253.35$ 1/11/23 Paid January-23 28,681.00$ 24,335.16$ 15,503.75$ 1,595.33$ 70,115.24$ 2/11/23 Paid February-23 29,242.15$ 15,416.79$ 13,072.50$ 1,253.41$ 58,984.85$ 3/11/23 Paid March-23 33,419.60$ 15,258.28$ 5,210.00$ -$ 596.20$ 54,484.08$ 4/24/23 Paid April-23 33,232.55$ 4,651.34$ 5,091.00$ -$ 42,974.89$ 5/30/23 Paid May-23 34,167.80$ -$ 288.27$ 34,456.07$ 6/16/23 Paid June-23 40,028.70$ 26,499.16$ 1,830.00$ -$ 68,357.86$ 7/18/23 Paid July-23 39,031.10$ 5,116.32$ -$ -$ -$ 44,147.42$ 8/11/23 Paid August-23 50,316.45$ 22,540.00$ -$ 3,463.18$ 76,319.63$ 9/15/23 Paid September-23 40,091.05$ 8,035.11$ 14,277.50$ -$ 62,403.66$ 10/15/23 Paid October-23 39,155.80$ 4,044.72$ 11,684.00$ -$ 197.02$ 55,081.54$ Paid November-23 28,431.60$ 1,685.30$ 18,224.00$ -$ -$ 48,340.90$ Paid December-23 35,913.60$ 1,179.71$ 20,970.00$ -$ -$ 58,063.31$ Paid January-24 34,043.10$ 674.12$ 16,470.00$ -$ -$ 51,187.22$ Paid February-24 33,170.20$ 1,179.71$ 3,230.00$ -$ -$ 37,579.91$ X Paid March-24 29,553.90$ 4,392.98$ 4,290.00$ -$ 970.01$ 39,206.89$ Paid April-24 33,887.23$ 19,480.60$ -$ 776.08$ 54,143.91$ X Paid May-24 39,623.43$ 1,516.77$ 5,860.00$ 47,000.20$ X Paid June-24 19,952.00$ 3,117.81$ 23,069.81$ X Paid July-24 26,498.75$ 5,730.22$ 32,228.97$ X Paid August-24 30,551.50$ 4,550.31$ 35,101.81$ X Paid September-24 14,714.60$ 3,244.20$ 17,958.80$ X Paid October-24 7,232.60$ -$ -$ -$ -$ 7,232.60$ X Paid November-24 5,673.85$ 1,853.83$ 7,527.68$ X Paid January-25 6,983.20$ -$ -$ -$ -$ 6,983.20$ X Paid February-25 2,992.80$ 2,992.80$ X Paid March-25 11,261.85$ 11,261.85$ Not Paid April-25 14,828.75$ 14,828.75$ Not Paid May-25 11,692.64$ 11,692.64$ Not Paid June-25 6,796.15$ 6,796.15$ Not Paid July-25 13,200.36$ Projected
August-25 13,671.63$ Projected
3 7
3 2
3 AMENDMENT NO. 2

TO AGREEMENT FOR PROFESSIONAL SERVICES
FCG Consultant, Inc.

I-15/Main Street Interchange Improvements – Construction Management & Inspection This Amendment No. 2 to Agreement for Professional Services is made and entered into as of 4/23/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and FCG Consultants, Inc., a Corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/13/2020, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of Seven Hundred Forty-Three Thousand Four Hundred Ninety-One dollars and Thirty-Five cents ($743,491.35).

C. Amendment No. 1, approved September 12, 2023, increased the Consultant compensation in an amount of $349,944.48.

D. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 2.

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 4/11/2024 Proposal (attached to this Amendment No. 2 as Exhibit A-2).

Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-2, 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:

Notwithstanding the foregoing, for purposes of Amendment No. 2 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A-2 Amendment No. 2). In no event shall Consultant’s compensation related to Exhibit A-2 to Amendment No. 2 exceed Two Hundred Fifty-Eight Thousand Ninety-One dollars and Ninety-Five cents ($258,091.95) without additional written authorization from the City Council. Total compensation shall not exceed One Million Three Hundred Fifty-One Thousand Five Hundred Twenty-Seven dollars and Seventy-Eight cents ($1,351,527.78).

DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 3 7
3 2
3 Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibits A, A-1 and A-2 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. 2 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
FCG Consultants, Inc.

City Manager
Date:

Maha Fakhouri, President & CEO
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 4/25/2024 | 5:31 PM PDT
4/26/2024 | 7:16 AM PDT
4/26/2024 | 7:56 AM PDT
4/26/2024 | 8:05 AM PDT
4/26/2024 | 8:28 AM PDT

EXHIBIT A-2
CONSULTANT’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 22885 Savi Ranch Pkwy, Suite G Yorba Linda, CA 92887 Phone: 714.312.0317 Fax: 714.720.5885 April 11, 2024 Mr. Remon Habib, PE City Engineer City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: I -15 / Main Street Project – FCG CM & Inspection Budget This letter is to inform you that due to contractor delay and change orders to complete the work within the original project schedule, the FCG budget for this contract will be depleted prior to completion of work on the project. See attached spread sheet showing anticipated work hours by FCG staff to complete the work based on anticipated schedule of work due to reasons mentioned. The original Project completion date was for May 2023 (300 Working Days). Due to Contractor delay in completing the project on time with original completion date of May 17th, 2023, the Project is now anticipated to be completed in June 2024 followed by project close out period. (approximately 560 Working Days). The revised contract amount is $1,093,435.83 amounts needed is $258,091.95 for a grand total of $1,351,527.78 See attached table for details on all charges per company so far. Should you have any questions or comments, please do not hesitate to contact AB Fakhouri or myself. Sincerely, Maha Fakhouri President and CEO Cell 714.883.8068 CC: Abdallah Fakhouri, Project Manager / Resident Engineer DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 FCG Consultants Inc. - DBE City of Lake Elsinore
Construction Management & Inspection Services Amendment 2 Revised Cost Proposal - April 11, 2024
Classification Hours Hourly Rate Cost
Pre-construction Phase
Resident Engineer - FCG 187.05$ -$ Structures Representative - RTEA 168.53$ -$ Public Outreach Officer - RTEA 89.88$ -$ Office Engineer - RTEA 80.89$ -$ Subtotal (FCG Only) 0 -$
Construction Phase (103 Working Days)
Resident Engineer - FCG 210 187.05$ 39,280.08$ Construction Inspector - FCG 946 124.70$ 117,965.65$ Construction Inspector OT - FCG 4 187.05$ 748.20$ Structures Representative - RTEA 160 168.53$ 26,964.00$ Public Outreach Officer - RTEA 0 89.88$ -$ Office Engineer - FCG 0 80.89$ -$ Subtotal (FCG Only) 1,320 184,957.93$
Post-Construction Phase (40 Working Days)
Resident Engineer - FCG 88 187.05$ 16,460.82$ Construction Inspector - FCG 176 124.70$ 21,947.75$ Structures Representative - RTEA 43 168.53$ 7,235.45$ Office Engineer - FCG 0 80.89$ -$ Subtotal (FCG Only) 307 16,460.82$
Subtotal (FCG Only) -$
DBE %
FCG Total 76.10% 196,402.50$
Subconsultants
DBE %
RTEA - DBE Project Support 13.25% 34,199.44$
MB Pro Materials Testing 22,520.00$
Surveying QA Surveying -$
ZTC Source Inspection -$
HES Envi. Monitoring 4,970.01$
Subtotal 61,689.45$
258,091.95$ Total Cost (NOT TO EXCEED) CM & Inspection for Main St. Interchange Improvement Project DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 Month FCG RTEA MB Pro ZTC HES Total To City Paid
January-22 5,486.80$ 5,486.80$ 2/10/22 Paid February-22 6,110.30$ 14,072.26$ 20,182.56$ 3/14/22 Paid March-22 17,208.60$ 5,730.02$ 10,533.60$ 33,472.22$ 5/14/22 Paid April-22 26,062.30$ 3,707.66$ 3,121.69$ 32,891.65$ 5/14/22 Paid May-22 17,458.00$ 3,249.21$ 7,974.23$ 2,580.80$ 31,262.24$ 6/7/22 Paid June-22 30,302.10$ 8,486.81$ 1,430.85$ 40,219.76$ 7/9/22 Paid July-22 26,436.40$ 8,480.06$ 3,092.13$ 1,144.68$ 39,153.27$ 8/13/22 Paid August-22 30,052.70$ 15,956.02$ 7,684.87$ 1,144.68$ 54,838.27$ 9/11/22 Paid September-22 29,304.50$ 14,317.97$ 3,410.00$ 10,424.10$ 57,456.57$ 10/11/22 Paid October-22 27,059.90$ 10,933.87$ 4,260.00$ 1,446.60$ 858.51$ 44,558.88$ 11/11/22 Paid November-22 24,565.90$ 9,552.10$ 8,360.00$ 6,439.17$ 48,917.17$ 12/12/22 Paid December-22 29,740.95$ 11,630.00$ 882.40$ 42,253.35$ 1/11/23 Paid January-23 28,681.00$ 24,335.16$ 15,503.75$ 1,595.33$ 70,115.24$ 2/11/23 Paid February-23 29,242.15$ 15,416.79$ 13,072.50$ 1,253.41$ 58,984.85$ 3/11/23 Paid March-23 33,419.60$ 15,258.28$ 5,210.00$ -$ 596.20$ 54,484.08$ 4/24/23 Paid April-23 33,232.55$ 4,651.34$ 5,091.00$ -$ 42,974.89$ 5/30/23 Paid May-23 34,167.80$ -$ 288.27$ 34,456.07$ 6/16/23 Paid June-23 40,028.70$ 26,499.16$ 1,830.00$ -$ 711,707.87$ 7/18/23 Paid July-23 39,031.10$ 5,116.32$ -$ -$ -$ 44,147.42$ 8/11/23 Paid August-23 50,316.45$ 22,540.00$ -$ 3,463.18$ 76,319.63$ 9/15/23 Paid September-23 40,091.05$ 8,035.11$ 14,277.50$ -$ 62,403.66$ 10/15/23 Paid October-23 39,155.80$ 4,044.72$ 11,684.00$ -$ 197.02$ 55,081.54$ Paid DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 November-23 28,431.60$ 1,685.30$ 18,224.00$ -$ -$ 48,340.90$ Paid December-23 35,913.60$ 1,179.71$ 20,970.00$ -$ -$ 58,063.31$ Paid January-24 34,043.10$ 674.12$ 16,470.00$ -$ -$ 51,187.22$ Paid February-24 33,170.20$ 1,179.71$ 3,230.00$ -$ -$ 37,579.91$ Not Paid March-24 29,553.90$ 4,392.96$ 4,290.00$ -$ 970.01$ 39,206.87$ Not Paid April-24 30,177.40$ 21,626.77$ 2,500.00$ -$ 1,000.00$ 55,304.17$ Estimated May-24 35,165.40$ 3,500.00$ 10,000.00$ -$ 1,000.00$ 49,665.40$ Estimated June-24 29,928.00$ 3,500.00$ 2,500.00$ -$ 1,000.00$ 36,928.00$ Estimated July-24 19,203.80$ -$ -$ -$ 1,000.00$ 20,203.80$ Estimated August-24 19,203.80$ -$ -$ -$ -$ 19,203.80$ Estimated 196,402.50$ 34,199.44$ 22,520.00$ -$ 4,970.01$ 258,091.95$ FCG RTEA MB Pro ZTC HES Total
Original Contract Amount438,462.51$ 149,919.84$ 104,945.00$ 39,714.00$ 10,450.00$ 743,491.35$ Amendment 1 221,989.09$ 45,000.00$ 39,425.00$ -$ 6,956.01$ 349,944.48$ Revised Contract Amount 1660,451.60$ 194,919.84$ 144,370.00$ 39,714.00$ 17,406.01$ 1,093,435.83$ Amendment 2 196,402.50$ 34,199.44$ 22,520.00$ -$ 4,970.01$ 258,091.95$ Revised Contract Amount 2856,854.10$ 229,119.28$ 166,890.00$ 39,714.00$ 22,376.02$ 1,351,527.78$ Name Title Regular OT DT
AB Fakhouri RE $187.05 280.58$ $374.11
Michael St. Jacques Inspector $124.70 187.05$ $249.11 DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 Anthony Moussa Inspector $124.70 187.05$ $249.11 Month Name Title Regular OT DT Total Reg Hours Total Reg Dollars AB Fakhouri RE 187.05$ 280.58$ 374.10$ 44 8,230.20$ Anthony Moussa Inspector 124.70$ 187.05$ 249.40$ 176 21,947.20$ Inspector 2 Inspector 124.70$ 187.05$ 249.40$ 0 -$ AB Fakhouri RE 187.05$ 280.58$ 374.10$ 44 8,230.20$ Anthony Moussa Inspector 124.70$ 187.05$ 249.40$ 176 21,947.20$ Inspector 2 Inspector 124.70$ 187.05$ 249.40$ 40 4,988.00$ AB Fakhouri RE 187.05$ 280.58$ 374.10$ 40 7,482.00$ Anthony Moussa Inspector 124.70$ 187.05$ 249.40$ 140 17,458.00$ Inspector 2 Inspector 124.70$ 187.05$ 249.40$ 40 4,988.00$ AB Fakhouri RE 187.05$ 280.58$ 374.10$ 44 8,230.20$ Anthony Moussa Inspector 124.70$ 187.05$ 249.40$ 88 10,973.60$ AB Fakhouri RE 187.05$ 280.58$ 374.10$ 44 8,230.20$ Anthony Moussa Inspector 124.70$ 187.05$ 249.40$ 88 10,973.60$ Name During Post Total Hourly Rate Cost
AB Fakhouri 210 88 298 187.05$ 55,740.90$
Anthony Moussa 946 176 1122 124.70$ 139,913.40$ Inspector 2 80 80 748.20$
196,402.50$
May-24
Jun-24
Jul-24
Aug-24
Apr-24
DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 /

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
8/15/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
Germa ni Insurance Services
3415 S Sepulveda Blvd
1100
Los Angeles CA 90034
CONTACT Willia m Germani NAME:

PHONE (310) 733-2390 (A/C, No, Ext):

FAX
(A/C, No):

E-MAIL willia m@germa niinsura nce.net ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : VALLEY FORGE INSURANCE COMPANY 20508

INSURED
FCG CONSULTANTS, INC.
22885 SAVI RANCH PKWY, Unit #G

YORBA LINDA CA 92887-4659
INSURER B : OHIO SECURITY INSURANCE COMPANY 24082
INSURER C : CONTINENTAL CASUALTY COMPANY 60606
INSURER D : AMERICAN CASUALTY CO OF READING, PENNSY 20427 INSURER E : UNDERWRITERS AT LLOYDS 32727
INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR ADDL SUBR POLICY EFF POLICY EXP

LTR TYPE OF INSURANCE
✘COMMERCIAL GENERAL LIABILITY

INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

EACH OCCURRENCE $

2,000,000

CLAIMS-MADE

A
✘OCCUR

7012791991

06/22/2023 06/22/2024

DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
1,000,000
10,000
2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ✘POLICY
OTHER:

PRO-
JECT LOC PRODUCTS - COMP/OP AGG $
$
4,000,000

AUTOMOBILE LIABILITY
✘ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

✘UMBRELLA LIAB

C EXCESS LIAB

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY

✘OCCUR

CLAIMS-MADE

BAS66391043

7012792025

06/22/2023

06/22/2023

06/22/2024

06/22/2024

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident)
$

EACH OCCURRENCE $
AGGREGATE $
1,000,000

5,000,000
5,000,000
DED ✘RETENTION $ 10,000 $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
D OFFICER/MEMBER EXCLUDED?

Y / N
Y

N / A

6021566857

06/22/2023

06/22/2024
PER

STATUTE
E.L. EACH ACCIDENT
OTH-
ER
$

1,000,000
(Mandatory in NH)
If yes, describe under E.L. D ISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $

EACH CLAIM
1,000,000
1,000,000
E PROFESIONAL LIABILITY FEIAEP11933 06/22/2023 06/22/2024 AGGREGATE 2,000,000 DEDUCTIBLE 10,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

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

The ACORD name and logo are registered marks of ACORD

The City of Lake Elsinore, its employees, officers and a gents

AUTHORIZED REPRESENTATIVE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
✘
B
$
$
DocuSign Envelope ID: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08

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
31900 MISSION TRL STE 110 Business Type:

LAKE ELSINORE, CA 92530-4534

FCG CONSTRUCTION
22885 SAVI RANCH PKWY STE G
YORBA LINDA, CA 92887-4624
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

FCG CONSTRUCTION

MAHA ALFAKHOURI

CONSULTING SERVICES
CONSTRUCTION MANAGEMENT |

CONSTRUCTION INSPECTION
027961
10/4/2023 11/30/2024
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: 4AA9CE8E-BB47-4EF0-A5C2-11B8ACC38C08 3 1
8 4
2 AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
FCG Consultant, Inc.

I-15/Main Street Interchange Improvements – Construction Management & Inspection This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 9/12/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and FCG Consultants, Inc., a Corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/13/2020, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of Seven Hundred Forty-Three Thousand Four Hundred Ninety-One dollars and Thirty-Five cents ($743,491.35).

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

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

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

Consultant shall also perform the services described in Consultant’s 8/14/2023 Proposal (attached to this Amendment No. 1 as Exhibit A-1).

Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.

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

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed Three Hundred Forty-Nine Thousand Nine Hundred Forty-Four dollars and Forty-Eight cents ($349,944.48) without additional written authorization from the City Council. Total compensation shall not exceed One Million Ninety-Three Thousand Four Hundred Thirty-Five dollars and Eighty-Three cents ($1,093,435.83).

DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F 3 1
8 4
2 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”
FCG Consultants, Inc.

City Manager
Date:

Maha Fakhouri, President & CEO
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F 11/13/2023 | 11:17 AM PST
11/13/2023 | 2:28 PM PST
11/13/2023 | 2:30 PM PST
11/13/2023 | 2:35 PM PST
11/13/2023 | 2:52 PM PST

EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F 22885 Savi Ranch Pkwy, Suite G Yorba Linda, CA 92887 Phone: 714.312.0317 Fax: 714.720.5885 August 14, 2023 Mr. Bradley Brophy, PE Traffic Engineer City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: I -15 / Main Street Project – FCG CM & Inspection Budget This letter is to inform you that due to contractor delay and change orders to complete the work within the original project schedule, the FCG budget for this contract will be depleted prior to completion of work on the project. See attached spread sheet showing anticipated work hours by FCG staff to complete the work based on anticipated schedule of work due to reasons mentioned. The original Project completion date was for May 2023 (300 Working Days). Due to Contractor delay in completing the project on time with original completion date of May 17th, 2023, the Project is now anticipated to be completed in December 2023 (approximately 465 Working Days). The original contract amount is $743,491.35 amounts needed for each project is $349,944.48 for a grand total of $1,093,435.83 See attached table for details on all charges per company so far. Should you have any questions or comments, please do not hesitate to contact AB Fakhouri or myself. Sincerely, Maha Fakhouri President and CEO Cell 714.883.8068 CC: Abdallah Fakhouri, Project Manager / Resident Engineer DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F FCG Consultants Inc. - DBE City of Lake Elsinore
Construction Management & Inspection Services
Revised Cost Proposal - 8/11/23
Classification Hours Hourly Rate Cost
Pre-construction Phase (20 Working Days)
Resident Engineer 80 187.05$ 14,964.38$ Structures Representative - RTEA 40 168.53$ 6,741.00$ Public Outreach Officer - RTEA 40 89.88$ 3,595.20$ Office Engineer - RTEA 20 80.89$ 1,617.84$ Subtotal (FCG Only) 180 14,964.38$
Construction Phase (465 Working Days)
Resident Engineer 930 187.05$ 173,960.89$ Structures Representative - RTEA 800 168.53$ 134,820.00$ Construction Inspector 3600 124.70$ 448,931.34$ Electrical Inspector 480 124.70$ 59,857.51$ Public Outreach Officer - RTEA 80 89.88$ 7,190.40$ Office Engineer - RTEA 400 80.89$ 32,356.80$ Subtotal (FCG Only) 6,290 682,749.75$
Post-Construction Phase (20 Working Days)
Resident Engineer 40 187.05$ 7,482.19$ Structures Representative - RTEA 20 168.53$ 3,370.50$ Construction Inspector 20 124.70$ 2,494.06$ Office Engineer - RTEA 20 80.89$ 1,617.84$ Subtotal (FCG Only) 100 14,964.59$
Misc. Expenses Months Monthly Cost Total
Vehicles 14 -$ -$
Labtops 14 -$ -$
Cell Phones 14 -$ -$
Office Supplies 14 -$ -$ Field Office 14 -$ -$
Subtotal (FCG Only) -$
DBE %
FCG Total 65.18% 712,678.72$
Subconsultants
DBE %
RTEA - DBE Project Support 17.50% 191,309.58$
MB Pro - Material Testing Materials Testing 120,000.00$ ZTC Source Inspection 54,447.53$
HES Envi. Monitoring 15,000.00$
Subtotal 380,757.11$
1,093,435.83$
Original Cost 743,491.35$
Additional Amount Needed 349,944.48$
Limitations & Conditions:

Construction duration is estimated at 465 Working Days with 20 Working Days for preconstruction & 20 Working Days for closeout phase.

Inspectors will be fully equipped with vehicles, computers, and tools and equipment required to perform their tasks.

Overtime and Weekend work is not included. Overtime is to be charged at 1.5 the above rate.

Cost proposal is subject to pervailing wage rates, and prvailing wage rate change for inspectors.

Misceleanous expenses includes stationeries and other items needed for CM team.

All costs are subject to negotiations.

CM & Inspection for Main St. Interchange Improvement Project Total Cost (NOT TO EXCEED)
DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F Month FCG RTEA MB Pro ZTC HES Total
January-22 5,486.80$ 5,486.80$
February-22 6,110.30$ 14,072.26$ 20,182.56$ March-22 17,208.60$ 5,730.02$ 10,533.60$ 33,472.22$ April-22 26,062.30$ 3,707.66$ 3,121.69$ 32,891.65$ May-22 17,458.00$ 3,249.21$ 7,974.23$ 2,580.80$ 31,262.24$ June-22 30,302.10$ 8,486.81$ 1,430.85$ 40,219.76$ July-22 26,436.40$ 8,480.06$ 3,092.13$ 1,144.68$ 39,153.27$ August-22 30,052.70$ 15,956.02$ 7,684.87$ 1,144.68$ 54,838.27$ September-22 29,304.50$ 14,317.97$ 3,410.00$ 10,424.10$ 57,456.57$ October-22 27,059.90$ 10,933.87$ 4,260.00$ 1,446.60$ 858.51$ 44,558.88$ November-22 24,565.90$ 9,552.10$ 8,360.00$ 6,439.17$ 48,917.17$ December-22 29,740.95$ 11,630.00$ 882.40$ 42,253.35$ January-23 28,681.00$ 24,335.16$ 15,503.75$ 1,595.33$ 70,115.24$ February-23 29,242.15$ 15,416.79$ 13,072.50$ 1,253.41$ 58,984.85$ March-23 33,419.60$ 15,258.28$ 5,210.00$ -$ 596.20$ 54,484.08$ April-23 33,232.55$ 4,651.34$ 5,091.00$ -$ 42,974.89$ May-23 34,167.80$ -$ 288.27$ 34,456.07$ June-23 40,028.70$ 26,499.16$ 1,830.00$ -$ 68,357.86$ 468,560.25$ 180,646.71$ 68,367.25$ 54,447.53$ 8,043.99$ 780,065.73$ (36,574.38)$
July-23 40,000.00$ 15,000.00$ 12,925.00$ 1,750.00$ 69,675.00$ August-23 45,000.00$ 15,000.00$ 10,000.00$ 1,750.00$ 71,750.00$ September-23 40,000.00$ 7,500.00$ 10,000.00$ 1,750.00$ 59,250.00$ October-23 36,000.00$ 2,500.00$ 2,500.00$ 1,706.01$ 42,706.01$ November-23 25,000.00$ 2,500.00$ 2,500.00$ 30,000.00$ December-23 35,989.09$ 2,500.00$ 1,500.00$ 39,989.09$ 221,989.09$ 45,000.00$ 39,425.00$ -$ 6,956.01$ 313,370.10$ FCG RTEA MB Pro ZTC HES Total
Original Contract Amount438,462.51$ 149,919.84$ 104,945.00$ 39,714.00$ 10,450.00$ 743,491.35$ Paid to Date 468,560.25$ 180,646.71$ 68,367.25$ 54,447.53$ 8,043.99$ 780,065.73$ Subtotal (36,574.38)$
Ammendment Amount221,989.09$ 45,000.00$ 39,425.00$ -$ 6,956.01$ (349,944.48)$ DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F /

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
8/15/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
Germa ni Insurance Services
3415 S Sepulveda Blvd
1100
Los Angeles CA 90034
CONTACT Willia m Germani NAME:

PHONE (310) 733-2390 (A/C, No, Ext):

FAX
(A/C, No):

E-MAIL willia m@germa niinsura nce.net ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : VALLEY FORGE INSURANCE COMPANY 20508

INSURED
FCG CONSULTANTS, INC.
22885 SAVI RANCH PKWY, Unit #G

YORBA LINDA CA 92887-4659
INSURER B : OHIO SECURITY INSURANCE COMPANY 24082
INSURER C : CONTINENTAL CASUALTY COMPANY 60606
INSURER D : AMERICAN CASUALTY CO OF READING, PENNSY 20427 INSURER E : UNDERWRITERS AT LLOYDS 32727
INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR ADDL SUBR POLICY EFF POLICY EXP

LTR TYPE OF INSURANCE
✘COMMERCIAL GENERAL LIABILITY

INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

EACH OCCURRENCE $

2,000,000

CLAIMS-MADE

A
✘OCCUR

7012791991

06/22/2023 06/22/2024

DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
1,000,000
10,000
2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ✘POLICY
OTHER:

PRO-
JECT LOC PRODUCTS - COMP/OP AGG $
$
4,000,000

AUTOMOBILE LIABILITY
✘ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

✘UMBRELLA LIAB

C EXCESS LIAB

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY

✘OCCUR

CLAIMS-MADE

BAS66391043

7012792025

06/22/2023

06/22/2023

06/22/2024

06/22/2024

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident)
$

EACH OCCURRENCE $
AGGREGATE $
1,000,000

5,000,000
5,000,000
DED ✘RETENTION $ 10,000 $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
D OFFICER/MEMBER EXCLUDED?

Y / N
Y

N / A

6021566857

06/22/2023

06/22/2024
PER

STATUTE
E.L. EACH ACCIDENT
OTH-
ER
$

1,000,000
(Mandatory in NH)
If yes, describe under E.L. D ISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $

EACH CLAIM
1,000,000
1,000,000
E PROFESIONAL LIABILITY FEIAEP11933 06/22/2023 06/22/2024 AGGREGATE 2,000,000 DEDUCTIBLE 10,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

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

The ACORD name and logo are registered marks of ACORD

The City of Lake Elsinore, its employees, officers and a gents

AUTHORIZED REPRESENTATIVE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
✘
B
$
$
DocuSign Envelope ID: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F

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
31900 MISSION TRL STE 110 Business Type:

LAKE ELSINORE, CA 92530-4534

FCG CONSTRUCTION
22885 SAVI RANCH PKWY STE G
YORBA LINDA, CA 92887-4624
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

FCG CONSTRUCTION

MAHA ALFAKHOURI

CONSULTING SERVICES
CONSTRUCTION MANAGEMENT |

CONSTRUCTION INSPECTION
027961
10/4/2023 11/30/2024
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: 00ACCFC2-6F56-49E0-8DC7-778CD218BC7F

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

AGREEMENT FOR PROFESSIONAL SERVICES
FCG Consultants, Inc.

I-15 Main Street Interchange Improvement Project Z10017 – Construction Management & Inspection
This Agreement for Professional Services (the “Agreement”) is made and entered into as of October 13, 2020, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and FCG Consultants, Inc., a Corporation ("Consultant").

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

Construction Management and Inspection Services
B. Consultant has submitted to City a proposal, dated October 6, 2020, 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.
c62f074c-9a8b-4322-b878-caac1eaf12e9 Page 1

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 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 Seven Hundred Forty Three Thousand Four Hundred Ninety One and Thirty Five dollars ($743,491.35) 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.

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

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 third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the 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.

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 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: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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

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

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

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

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 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 appointed officers, officials, employees, agents and volunteers.City, its elected or 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.

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 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:

If to Consultant:

City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
FCG Consultants, Inc.

Attn: Maha Fakhouri, President & CEO
22885 Savi Ranch Parkway, Ste G
Yorba Linda, CA 92887

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.

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

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

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 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. 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]

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 10/21/2020 | 8:40 AM PDT
10/21/2020 | 11:52 AM PDT
Maha Fakhouri
10/21/2020 | 11:53 AM PDT

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT A

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

EXHIBIT B

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 Prepared for the
City of Lake Elsinore

PROPOSAL
to provide
Construction Management Services, and
Construction Surveying
for
Main Street Interchange Improvements Project
City Project No. Z10017
September 21, 2020

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

TABLE OF CONTENT
Construction Management Services, and Construction Surveying for the:

Main Street Interchance Improvement Project
City Project No. Z10017
Transmittal Letter.............................................................................................................................2 Sub-Consultants...............................................................................................................................3 Project Understanding, Scope & Approach...................................................................................4 Project Understanding ..................................................................................................4 Specific Issues & Approach..........................................................................................5 Task A: Performance Requirements ...........................................................................6 Construction Management Team ....................................................................6 Relevant Experience..........................................................................................7 Task B: Preconstruction Support Services...............................................................12 Task C: Bid Process ....................................................................................................12 Task D: Project Administration ..................................................................................13 Task E: Construction Coordination ...........................................................................14 Task F: Construction Inspection................................................................................15 Task G: Project Support..............................................................................................16 Task H: Cost and Schedule.........................................................................................18 Task I: Contract Change Orders and Claims.............................................................18 Task J: Safety...............................................................................................................18 Task K: Project Closeout ............................................................................................18 Task L: Equipment and Materials to be provided by offeror...................................19 Task M: Materials to be Furnished by the City..........................................................19 Fee Proposal...................................................................................................................................19 Exhibit 1: Proposed Project Schedule .........................................................................................20 Appendices.........................................................................................................................................

Appendix A: Resumes.....................................................................................................

Appendix B: DBE Requirements ....................................................................................

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

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TRANSMITTAL LETTER
September 21, 2020
Attn: Remon Habib, P.E.

City Engineer
City of Lake Elsinore
130 Main Street
Lake Elsinore, CA 92530
Subject: Construction Management & Inspection Services for Main Street Interchange Improvements Project City Project No. Z10017.

Dear Mr. Habib:

FCG Consultants, Inc. (FCG) is pleased to commit our services to the City of Lake Elsinore (City) to provide full construction management and inspection services for the Main Street Interchange Improvement Project which includes Constructability Review, Construction Contract Bid and Award, Preconstruction Services, Construction Engineering and Inspection, and Project Closeout.

FCG will perform all work described in the Scope of Services to relieve the City from and deliver the project on time and on budget.

FCG is a firm with extensive Caltrans and Federally Funded projects experience and extremely knowledable with similar projects as many of our staff have worked on several projects on Caltrans Right-of-Way as previous employees of Caltrans, other government agencies, designers, and construction contractors. The FCG team is highly committed to providing the highest level of service in the most cost-effective manner possible. We will provide the City with the most experienced and motivated team that will produce the highest quality work and will become part of the City team in every aspect.

FCG is a woman-owned California corporation and certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) focused on providing client-driven solutions to assist clients in successfully delivering infrastructure projects.

Founded in 2009, FCG is headquartered in Yorba Linda, California, with a staff of 13 fully dedicated personnel providing construction engineering, construction inspection, and construction management to clients throughout California. The firm specializes in project and construction management and inspection for various types of public works clients utilizing assorted standards such as Caltrans and Greenbook. FCG staff are highly experienced with inspection of roadway improvements, drainage systems, utilities, ADA ramps, asphalt concrete (AC), portland cement concrete (PCC) pavement, drainage, side panels and raised medians, traffic signal and electrical, landscape, SWPPP, and safety. FCG will perform construction management, inspection, labor compliance, utility coordination, and project close-out services.

FCG Consultants, Inc.

Contact: Maha Fakhouri, President & CEO, (714) 312-0317, [email protected] Address: 22885 Savi Ranch Parkway, Suite G, Yorba Linda, CA 92887 Mr. A.B. Fakhouri, PE, QSP, is our proposed Project Manager/Resident Engineer and will be assigned for the duration of the project.

He is a former Resident Engineer of Caltrans District 7 with more than 25 years of Project Management, Design, and Construction experience on transportation infrastructure and public works projects. He gained his experience working for Caltrans, county departments of transportation, transportation authorities, and local cities. He is highly experienced ensuring conformance with the Caltrans Construction Manual, Caltrans Local Procedures Assistance Manual, and Greenbook standards.

We have included RTEA, Inc., ZTC Group, Geo-Mat, HES, and Case Land Surveying to provide additional construction inspection and technical support. The qualifications of our subconsultants are provided in the Sub-Consultants section of this proposal.

The information contained in this submittal is true and correct. This proposal will remain valid for a period of no less than180 days from the date of the submittal.

If you have any questions, or require additional information, please do not hesitate to contact me. I appreciate the opportunity to submit this proposal and look forward to working with the City of Lake Elsinore. Please contact me at (714) 312-0317 or [email protected] with any questions you may have.

Sincerely,
Maha Fakhouri
President & CEO
P a g e | 2 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 SUB‐CONSULTANTS

SUB-CONSULTANTS
RTEA, Inc. (RTEA)
Contact: Regina Talamantez, PE, Resident Engineer, (909) 763-3194, [email protected] Address: 202 E. Airport Drive, Ste. 140 San Bernardino, CA 92408 RTEA is a Hispanic, woman-owned civil engineering firm providing program management, construction management, design, design review, environmental, public outreach, and community relations services. RTEA has effectively partnered with state and federal regulatory agencies to deliver successful projects, well-managed budgets, and superior services to thoroughly satisfied stakeholders and clients. RTEA specializes in transportation infrastructure projects including highways, roadways, bridges, and grade separations.

ZT Consulting Group Inc. (ZTC)
Contact: Farzad Tasbihgoo, PE, CQA, CWI, PCI III, Senior Quality Engineer, (626) 714-7181, [email protected] Address: 1041 E. Green Street #204 Pasadena, CA 91106
ZT Consulting Group Inc. (ZTC) is a certified Small Business (SB) with State of California Department of General Services.

ZTC specialize in providing QA source inspection, forensic engineering, and structural health monitoring services for public projects. The majority of their staff has served and completed numerous public projects within the State of California over the past decade. ZTC’s expertise is in Construction Quality Management Plan (QMP and SIQMP) development and implementation, Source Inspection, Facility Audits, and Quality Assurance/Verification/Surveillance (QA/QV/QS).

GeoMat Testing Laboratories, Inc. (GeoMat)
Contact: Haytham Nabilsi, PE, Project Manager, (951) 688-5400, [email protected] Address: 9980 Indiana Avenue, Suite 14, Riverside, CA 92503 GeoMat offers comprehensive geotechnical/asphalt/concrete/soil consulting, inspection, and material testing services during construction. Their services are applied in planning, design, and construction of municipal and public works throughout Southern California. GeoMat has broad geotechnical and materials testing experience throughout Southern California. GeoMat’s service includes geotechnical investigations and geotechnical observations and compaction testing during grading and infrastructure construction/trench backfill, and transportation projects and construction / observations and monitoring/inspection during pavement rehabilitation and new construction.

Case Land Surveying
Contact: Matthew Bartz, Survey Manager, Direct: 714.628.8948, email: [email protected] Address: 614 N. Eckhoff Street, Orange, CA 92867
Case Land Surveying, Inc. is a professional land surveying and mapping firm. Serving the greater Southern California area, Case Land Surveying firm has established a reputation for solid professionalism, technical excellence, innovative solutions and most importantly, an unwavering commitment to service. During their extensive years of service, Case Land has undertaken a broad range of commercial, residential and industrial projects in both the public and private sector. Case Land Surveying will perform field construction suyveying, staking, and reset survey monuments. Case Land Surveying is commonly used by construction contractors and they are highly knowleagable in their field and very well respected in the industry.

Hernandez Environmental Services (HES)
Contact: Juan Hernandez, Principle Biologist, Direct: (951) 579-1657, [email protected] Address: 17037 Lakeshore Drive, Lake Elsinore, CA 92530 Hernandez Environmental Services is a California certified micro business engaged in the provision of environmental planning, biological studies, and regulatory permitting services. Our firm's focus is to offer our expertise in environmental, biological, and regulatory compliance services while meeting client scheduling and budget constraints. Hernandez Environmental Services provides a wide range of services, including California Environmental Quality Act CEQA) and National Environmental Policy Act (NEPA) compliance document, jurisdictional delineations, biological studies, biological monitoring during construction, mitigation and monitoring plans, and resource agency permitting and compliance services.

P a g e | 3 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

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PROJECT UNDERSTANDING, SCOPE & APPROACH

PROJECT UNDERSTANDING
The City is requesting proposal for Construction Management, Inspection, Materials Testing, and Surveying Services on the I- 15/Main Street Interchange Improvements projects to widen Main Street, Southbound and Northboudn On Ramps and Off Ramps, and tie into Camino Del Norte. These proposed projects are designed to enhance public safety, improve traffic flow, and reduce congestion on the interchange and allow for better control to access the freeway and Main Street.

The FCG Team has worked on several projects with similar features and understand how most construction contractors will schedule and perform the work. We prepared a construction schedule we believe the Contractor will build project similarly (see Exhibit 1). We believe the Contractor can overlap stands and this project can be done in 10 months as follows:

Stage 1: February 2021 – August 2021
The major work activities in this stage include, but not limited to, construction on Main Street, construction of Retaining Walls, and construction of drainage. Major activities in Stage 1 include but not limited to:

1. Installation of Traffic Control Devices and Signs.

2. Implementation of SWPPP and installing BMP’s.

3. I-15 Northbound On Ramp: Clear and grub, earthwork, prepare subgrade, subbase, and HMA pavement.

4. I-15 Northbound at On Ramp: Grind and overlay RHMA-G.

5. I-15 Northbound Traffic Signals:
a. Install traffic signals including conduits, interconnect, pull boxes, loops, foundations, poles, mast arms, etc. b. Install controller cabinets, backup batteris, controllers.

This phase is very critical because it includes long lead items to be ordered early on in the project.

6. I-15 Southbound On Ramp: Grind and overlay RHMA-G.

7. I-15 Northbound Signage and Electrical Improvements: Install ramp meters, controller assembly, sign, and flashing beacon.

8. I-15 Northbound Off Ramp: Install K-Rail.

9. I-15 Southbound Off Ramp: Clear and grub, earthwork, prepare subgrade, subbase, and RHMA-G pavement.

10. Irrigation and Landscape: Installation of irrigation lines, controllers, and landscape electrical.

11. I-15 Southbound Ramps Traffic Signal and Lighting: Install pole foundations, poles, mast arms, controller cabinets, controllers, backup batteries, conduit, interconnect, pull boxes, loops, etc.

This phase is very critical because it includes long lead items to be ordered early on in the project.

12. I-15 Northbound Retaining Wall Type 1 Case 2 Mod.: Install ground anchor, install Architectural Finish, and slope paving.

13. Install Storm Drainage Systems: Install Storm Drainage Systems 1, 3, 2, 4, 5, 6, 7, 8, and 10 (in that order).

14. I-15 Southbound Retaining Wall Type 1 Class 2 Mod.: Install ground anchor, install Architectural Finish, and slope paving.

Stage 2, Phase 1: April 2021 – July 2021
The major work activities in this stage includes, but not limited to, construction on I-15, construction of Maintenance Vehicle Pullouts, CHP Enforcement Area, and Final Pavement. Major activities in Stage 1 include but not limited to:

1. I-15 Northbound On Ramp: Construct Maintenance Vehicle Pullout.

2. I-15 Northbound On Ramp: Construct CHP Enfocement Area.

Stage 2, Phase 2: June 2021 – October 2021
The major work activities in this stage includes, but not limited to, construction on I-15, grading, pavement, striping, remove construction area signs, install final signage, remove temporary BMP’s, punch list, final walkthrough, and project acceptance:

1. I-15 Northbound On Ramp: Final grading, prepare subgrade, install subbase, and install HMA pavement.

2. I-15 Southbound Off Ramp: Grind and overlay RHMA-G.

3. I-15 and Main Street: Remove all K-Rail.

4. I-15 and Main Street: Remove any temporary striping and install final striping and delineation.

5. I-15 and Main Street: Remove construction area signs and install permanent signage.

6. I-15 and Main Street: Adjust utility covers if needed.

7. Perform final walkthrough with Caltrans and City.

8. Review and approve As-Builts.

9. Prepare all Caltrans Forms for sign off by various funcational units through Oversight Resident Engineer.

10. Complete and file all project documents in binders.

11. Perform final project files review and accept project.

P a g e | 4 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
Specific Issues & Project Approac
The FCG Team has worked on several Highway and Federally Funded Projects with very similar components and features and fully understand how such projects will be constructed by most contractors. Primarily, Contractors will schedule the work based on various reasons but mainly on, but not limited to: availability of materials, duration of activities, allowable work hours, allowable closures of facilities such as lanes and driveways, availability of workers, and schedule of subcontractors.

Construction activities and schedule will be primarily based on who the Construction Contractor is and how they schedule the work and what work they will be able to do as a prime and what work will be contracted out to a sub-contract. For example, if the Prime Contractor has to subcontract out all asphalt removal and paving, there is a chance the paving subcontractor will schedule the work to be done for all locations at once, or if possible, spread the work in different phases. The following items represent some of the major work items as shown on the project plans for the project:

1. I-15 Southbound and Northbound Off Ramps.

2. I-15 Southbound and Northbound On Ramps.

3. Eastbound and Westbound Widening to Main Street.

4. Pavement Improvements on Camino Del Norte.

Specific Issues
 Stage Construction and Traffic Management
Construction may be sequential and traffic will be restricted to one lane in each direction on Main Street while construction is undertaken for several operations, including but not limited to, construction of the retaining walls and pavement, so traffic will be switched back and forth, etc. In addition, construction of the I- 15/Railroad Canyon Interchange Project may be going on
simultaneously and that will need lots of coordination because no two consecutive On Ramps or Off Ramps will be allowed to be closed at the same time by Caltrans. Both Contractors will have to coordinate freeway closures and detours together when there are conflicts. There are some issues to be considered and resolved during construction and the FCG Team will look forward to assisting with solutions that will help avoid any extra cost or claims. 


Camino Del Norte
Per sheet L-1, calls a 0.15' grind and overlay of HMA-A on Camino Del Norte. From our understanding Camino Del Norte was recently paved as part of the City’s Capital Improvements Plan. In addition, Per page X-1, the typical cross section calls for a

0.15’ grind and overlay of RHMA-G that may be eliminated from the contract which represents a substantial savings to the City.

Drainage
Sheet 1 of General Plan and Drainage plan sheet DP1, Storm drain #3 maybe in conflict with the south retaining wall type 7B footing; elevation of that existing inlet and outlet must be surveyed to determine potential conflict prior to bidding the project to eliminate additional cost and claims. The FCG team will utilize our sub to perform this work prior to bid.

Public Outreach
Its our understanding that community impact and outreach is of outmost importance for the City, especially due to the fact that this project will commence while the I-15/Railroad Canyon Interchange Project is under construction and having both projects under construction will definitely cause inconvenience to the public. Our community outreach program is designed to keep the public informed during all stages of the project, upcoming closures, and any traffic impacting daily commute for ease of travel.  Signals & Electrical Work
The electrical work on this project consists of installing traffic signals, traffic loops, video detection, and pedestrian push button modifications. It is very important for the Contractor to submit all submittals pertaining to long lead electrical items such as poles in order to schedule source inspection to ensure timely deliver to the project as poles take up to 24 weeks for delivery.

P a g e | 5 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
TASK A – PERFORMANCE REQUIREMENTS

CONSTRUCTION MANAGEMENT TEAM
FCG has assembled a team of experienced construction management professionals that will successfully deliver this project on time and within budget. The organizational chart below shows our project team and the lines of communication between team members.

LegendCity of Lake Elsinore
Remon Habib, PE
City Engineer Prime: FCG Consultants, Inc. (FCG)
Sub: ZTC Group (ZTC)
RTEA, Inc. (RTEA)
Geo-Mat
Project Manager/Resident Engineer Case Land Surveying
Hernandez Environmental
Services (HES)A.B. Fakhouri, PE, QSP
FCG
Office
Engineer/Labor
Compliance
Structures Rep./
Utility Coordinator
/Scheduler
Lead Construction &
Structures Inspector
Electrical &
Traffic Signal Inspector
Abel Moreno Cary Brobeck Anthony Moussa Regina Talamantez (RTEA) (FCG) (FCG) (RTEA)
Public Outreach Environmental / QA
SurveyingSource Inspection Materials TestingSpecialist Biologist Farzad Tasbihgoo Josepha Salinas Juan Hernandez Tamer Khalil Various Staff (ZTC) (RTEA) (HES) (GeoMat) (Case Land)
Client Testimonials
“I would like to start by saying, to Mr. Fakhouri’s credit; the project was completed on time and within budget. Throughout our working relationship, Mr. Fakhouri has demonstrated good engineering knowledge, judgement, and skills combined with practical application in his problem solving and partnering… In closing, Mr. Fakhouri was fair yet firm when dealing with the contractor.”
- Arsanious Hanna, PE, City of Irwindale.
“I had the pleasure of working with Mr. Fakhouri and FCG this year on the SR-605/Live Oak Improvements and Ramp Widening Project ($2 million). This project was administered by the Caltrans District 8 Ontario Field Construction Office… His willingness and the ability to work with Caltrans and his adaption to changes as needed were vital to a successful project. He is an individual who is willing to go the extra mile.” - Hai Hong, Caltrans District 7
P a g e | 6 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH

RELEVANT EXPERINCE
FCG offers the City a team of qualified professionals experienced in all aspects of public works construction. Projects that showcase our construction management and inspection experience and knowledge of various standards are highlighted below:

I-605/Live Oak Avenue Ramp Widening | Irwindale, CA
Client City of Irwindale
16102 Arrow Highway
Irwindale, CA 91706
Contact Arsanious Hanna, PE – City Engineer/Building Official (562) 477-5747
[email protected]
Project Description
This Federally Funded Project consisted of reconstruction of the 1-605 northbound off-ramp at Live Oak Avenue and installation of a traffic signal at the intersection. In addition, the direct ramp to eastbound Live Oak Avenue was widened to provide dual right lanes at Live Oak Avenue. The project included cold milling the existing asphalt pavement, removal and replacement of road bases in the deteriorated areas, resurfacing with conventional asphalt, and re-striping and adjusting utility manholes within the project limits.

Scope of Services
FCG performed construction management and inspection services per Caltrans LAPM and Caltrans Construction Manaual.

Work included traffic control, removals, concrete and asphalt paving, curb and gutter, ADA ramps, sidewalk, street lighting, traffic signals, Edison service connections, drainage, landscape, and striping. Duties included management and inspection of work, office engineering, conducting meetings, reviewing submittals and RFIs, CCOs, daily diaries and quantities, photos, and coordinating materials testing and lane closures.

Dates
Staff
11/2018 – 04/2020 Cost $2 Million
A.B. Fakhouri, Project Manager; Jaime Engler, Resident Engineer; Anthony Moussa, Inspector; Tony Alfakhouri, Inspector; Leon Fuentes, Electrical Inspector; Samar Alfakhouri, Office Engineer; Sam Elachkar, Scheduler Firestone Boulevard Over San Gabriel River Bridge Replacement Project | Norwalk, CA Client City of Norwalk
12700 Norwalk Boulevard
Norwalk, CA 90650
Contact Mazen Dabboussi, PE – Transportation Engineer
(323) 497-1315
[email protected]
Project Description
This Federally Funded Project consisted of replacement of the existing Firestone Boulevard Bridge in its entirety with a new bridge which meets current standards.

Scope of Services
FCG performed construction management and inspection
services per Caltrans LAPM. Construction management
and inspection services were performed for demolition and replacement of the bridge, HMA, slurry seal, sidewalk, curb and gutter, electrical, fiber optic, traffic control, water/sewer line, striping, SWPPP, and safety. Inspection duties included inspection of traffic control, signage, striping, PCC and AC paving, electrical, traffic signals, minor concrete, safety, SWPPP, and striping. Office duties included, but were not limited to, preparing and maintaining project files, creating and updating logs, reviewing and approving submittals and RFI’s, negotiating change orders and processing estimate, and verifying payroll.

Dates
Staff
05/2014 - 02/2016 Cost $12 Million
A.B. Fakhouri, Project Manager/Resident Engineer; Jaime Engler, Construction Inspector/Office Engineer; Cary Brobeck; Inspector Leon Fuentes, Electrical Inspector, Samar Alfakhouri, Office Engineer; Sam Elachkar, Scheduler P a g e | 7 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
I-99/Woollomes Avenue Interchange and Ramp Reconstruction Project, Caltrans District 6, Central California – Bakersfield, C Client Kern County
1015 Eleventh Avenue
Delano, CA 93216
Contact Pedro Nunez – Project Manager, City of Delano
(661) 800-1648
[email protected]
Project Description
This project consisted of demolition and reconstruction of portion of the existing box girder bridge and replacement with a box girder bridge over the I-99 in the city of Delano along with local street improvements. Project included
stage construction to widen Northbound and Southbound
On Ramps and Off ramps along with many other
improvements such as grading, paving, drainage, grading, retaining walls, and more.

Scope of Services
FCG performed construction management and inspection services per Caltrans Constr. Manual. Duties included, but were not limited, to managing the construction project, managing inspection and office engineering, coordinating utilities, coordinating closures, coordinating with Caltrans for field inspection, reviewing and approving all submittals, RFIs, schedules, claims, contract change orders, mix designs, shop drawings, field inspection, coordinating with materials testing, and quantities.

Dates
Staff
06/2012 – 3/2013
A.B. Fakhouri, Resident Engineer.

Cost $5 Million
NB Jamboree Boulevard Widening Over SR-73, City of Newport/Caltrans District 12, Newport Beach, C Client City of Newport Beach
100 Civic Center Dr.

Contact Mike Sinacori, PE – Deputy City Engineer
(949) 795-8948
Newport Beach, CA 92660 [email protected]
Project Description
This $5 million project consisted of grading, roadway
excavation and backfill, JPCP pavement, HMA pavement,
LCB, PCC, MBGR, drainage, electrical, traffic control, and structural concrete. Other work included striping of white, yellow, thermoplastic, reflective markers, seal joints, and loops. Most of the construction was completed at night to minimize inconvenience to motorists, though there was
some work during the day.

Scope of Services
FCG performed construction management and inspection services per Caltrans LAPM and Caltrans Construction Manual.

Duties included, but were not limited, to managing the construction project, managing inspection and office engineering, coordinating utilities, coordinating closures, coordinating with Caltrans for field inspection, reviewing and approving all submittals, RFIs, schedules, claims, contract change orders, mix designs, shop drawings, field inspection, coordinating with materials testing, and quantities
Dates
Staff
03/2011 – 06/2012
A.B. Fakhouri, Resident Engineer.

Cost $3.0 Million
P a g e | 8 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
SR-58 Hinkley 4-Lane Expressway Phase 2, Caltrans District 8, San Bernardino, CA, Caltrans Contract No. 08A246 Client San Bernardino County
464 W 4th Street
Contact Ihab Boulos, PE – Resident Engineer, Caltrans D8 (951) 232-7582
San Bernardino, CA 92401 [email protected]
Project Description
This $180 million project included the realignment and
widening of SR-58 to a four-lane expressway from post miles R22.2 to R31.1 in San Bernardino. Work included two major bridges, retaining walls, median barrier, slope paving, roadway realignment, JPCP paving, AC paving, drainage,
traffic control, SWPPP, safety, labor compliance, and public outreach. All work was performed in accordance with
Caltrans Standards, the Caltrans Construction Manual,
FHWA Guidelines, Local Assistance Procedures Manual,
and Greenbook Standards.

Scope of Services
FCG performed construction management and inspection services per Caltrans Constr. Manual. Duties included, but were not limited, to managing the construction project, managing inspection and office engineering, coordinating utilities, coordinating closures, coordinating with Caltrans for field inspection, reviewing and approving all submittals, RFIs, schedules, claims, contract change orders, mix designs, shop drawings, field inspection, coordinating with materials testing, and quantities Dates
Staff
06/2014 – 12/2015 Cost $180 Million
A.B. Fakhouri, Project Manager/QA Manager, Tony Alfakhouri, Construction Inspector; Jaime Engler, Construction Inspector.

I-5/Carmenita Boulevard Reconstruction Project, Caltrans District 7, Los Angeles County, Caltrans Contract No. 07A326 Client Los Angeles County
100 S Main St
Contact Peter Lee, PE – Resident Engineer, Caltrans D7
(626) 905-1710
Los Angeles, CA 90012 [email protected]
Project Description
This project consisted of demolition and reconstruction of the existing box girder bridge and replacement with a box girder bridge over the I-5 in the cities of Norwalk and Santa Fe Springs. The new bridge crossed over UPRR railroad
tracks and a local frontage road that required two years of utility coordination and relocation. The project was awarded the California Transportation Foundation Freeway Project of the Year in 2017.

Scope of Services
FCG performed construction management and inspection services per Caltrans Constr. Manual. Duties included, but were not limited, to managing the construction project, managing inspection and office engineering, coordinating utilities, coordinating closures, coordinating with Caltrans for field inspection, reviewing and approving all submittals, RFIs, schedules, claims, contract change orders, mix designs, shop drawings, field inspection, coordinating with materials testing, and quantities.

Dates
Staff
02/2016 – 12/2018 Cost $130 Million
A.B. Fakhouri, Project Manager/Resident Engineer, Tony Alfakhouri, Inspector, Electrical Inspector; Timmy To, Electrical Inspector.

P a g e | 9 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
Camino Del Norte Street Improvements Z10030 | Lake Elsinore, Ca Client City of Lake Elsinore
130 S Main Street
Contact Remon Habib, PE – City Engineer
(951) 674-3124
Lake Elsinore, CA 92530 [email protected]
Project Description
The project scope is the development of roughly 5,000 LF of new improvement on Camino Del Norte and extending to Canyon Estates Drive to the East roughly 550 LF and Franklin Street to the South of roughly 650 LF and roughly 200 LF on Canyon View Drive and approximately 100 LF onto Sagecrest. This
improvement entails the installation of a two-way road, fully equipped with Storm Drains curb and gutter, sidewalks and street Asphalt pavement section.

Scope of Services
GEOMAT TESTING LABORATORIES provided geotechnical, materilas testing ans special inspections services per City of Lake Elsinore standards, Caltrans Construction Manaual. Work included canyon cleanout excavation for culvert installation, mass rough grading, installation of 16 storm drain crossings, headwall concrete structures construction, traffic control, removals, concrete and asphalt paving, curb and gutter, ADA ramps, sidewalk, street lighting, traffic signals, Edison service connections, drainage, landscape, and striping. Duties included management and inspection of various items of work, office engineering, conducting meetings, reviewing ongoing issues and providing on the spot solutions to prevent delays in progress.

Dates
Staff
6/2019 – 04/2020 Cost $3.5 Million
Haytham Nabilsi PE, Project Manager; Tamer Khalil, Lab Manager; Art Martinez EIT; Burrtec Facility in Yucca Valley | San Bernardino County, CA Client Burrtec Facility in Yucca Valley Contact Gary Koontz Burrtec Waste & Recycling Services
41575 Eclectic Street
[email protected]
Palm Desert, CA, 92260
Project Description
The proposed project would relocate the existing facility and all operations to the subject project site. Project development includes a truck terminal for Burrtec Waste and Recycling Services’ collection fleet and an approximately 16,200 square foot solid waste transfer station. Additional improvements include landscape frontages on Indio Avenue and Sunnyslope Drive, a maintenance shop, a fueling station, an operations facility, in-ground truck scales, a stormwater detention basin, and associate parking.

Scope of Services
HES performed preconstruction nesting bird surveys that included the entire Yucca Valley Burrtec Waste Transfer Facility project site and a 250-foot buffer around the perimeter of the site. Biologists performed walking transects up to 100 feet apart for 100 percent coverage of the site. HES biologists informed the project manager of active nests and implemented a 250-foot buffer around the nests until the birds left the nest. Reports updating the client of the status of the nests were submitted until it was determined the nests were inactive. HES had a biological monitor present on site to observe all construction activities that involved clearing and grubbing to ensure no take occurred on any state and federal listed plant and animal species.

Dates
Staff
7/2020 – 08/2020 Cost $4,983
Juan J. Hernandez, Principal Biologist; Shawn Gatchel-Hernandez, Principal Regulatory Specialist; Hallie Hernandez, Associate Biologist; Elizabeth Gonzalez, Associate Biologist; Cruz Hernandez, Biological Aide P a g e | 10 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
I-15 & Limonite Avenue Interchange | Irwindale, CA
Client County of Riverside Transportation Contact Hector Davila, PM Department (RCTD)
2950 Washington St.

Riverside, CA 92504
(951) 955-6778
[email protected]
Project Description
The project replaced the Limonite Avenue OC, widened the roadway from four lanes to six lanes, and reconstructed the ramps to provide a partial clover leaf (Type L-7). Loop ramps were constructed in the southeast and northwest
quadrants. On and off ramp gore points were extended, for the allowance of longer acceleration and deceleration
capacities.

Scope of Services
ZT Consulting Group, Inc. (ZTC), prepared and implemented the project Source Inspection quality Management (SIQMP) as it was required by the Co-op between RCTD and Caltrans. ZTC staff managed the material control cycle, performed source inspection on key structural items, such as overhead sign structures (OHSS), precast box culverts, electrical poles, structural fasteners, welded hooped, headed bars, bearing pads, and many more. In addition, ZTC staff supported RCTD with electrical components source inspection. ZTC work on this project was audited and accepted by Caltrans Oversight engineers.

Dates
Staff
08/2018 – 10/2019 Cost $48 Million
Farzad Tasbihgoo – SMR, Andrew Soria – QA Inspector, Dan Chang – QA Inspector Fairway Drive Grade Separation & Lemon SR-60 On/Off Ramp Project, CA Client Alameda Corridor – East
4900 Rivergrade Road, Suite 120
Irwindale, CA 91706
Contact Mark Christoffels, Chief Engineer SGVCOG
(562) 572-7438
[email protected]
Project Description
The project included construction of partial interchange, a WB on- ramp, and EB on-and off-ramps from Lemon Avenue. It
permanently removed the existing EB off - and on-ramps at Brea Canyon Road. An auxiliary lane from the EB on-ramp to the connector to SB SR-57 was also constructed. The existing sound wall along EB SR-60 west of Lemon Avenue was removed and a new sound wall was installed along the edge of the pavement of the EB off - and on-ramps. A new traffic signal was constructed along Lemon Avenue at the new EB ramps. Traffic signal modifications were made at the Golden Springs Drive/Lemon Avenue intersection and at the Golden Springs Drive/Existing EB ramp intersection near the Market World shopping center.

Scope of Services
RTEA performed construction management and inspection services per Caltrans LAPM and Caltrans Construction Manaual. Work included providing construction management services as Resident Engineer which includes, management of CM staff, management of contract administration and construction of UPRR grade separation underpass project and installation of new SR-60 On/Off Ramps on Lemon Avenue. Responsibilities include reviewing the baseline schedule, review monthly schedule updates, analyze change orders and conduct time impact analyses, provide support services in claims avoidance and mitigations.

Coordination, right of way support and stakeholder management.

Dates
Staff
11/2016 –05/2019
Regina Talamantez, PE, Resident Engineer/Structure Representative Cost $90 Million
P a g e | 11 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
TASK B – PRECONSTRUCTION SUPPORT SERVICES
Our Project Manager|Resident Engineer (PM|RE), A.B. Fakhouri, will begin working on the Project immediately and will develop the tasks to be accomplished, assisting in bid review, project scheduling, and with the City’s concurrence, assigning staff duties to the appropriate members. The FCG team will perform all work necessary from contract award to project closeout as follows:
a. Establish and execute Project Limits and Constraints - Cost: The FCG team will work with the City to deliver the most cost-effective project with the most well-developed scope. The team will provide the City with various options to consider maximizing scope with a balanced budget.

Time (schedule): The FCG team understands all projects have a deadline for delivery. We will work on a plan to reduce the project's time with a balanced cost and scope.

Scope: Since project plans are incomplete and the specifications are not fully defined, the FCG team will work with the City to produce a sound set of each based on the diversified experience of the proposed team. The team is comprised of highly experienced Construction and Design Engineers, Inspectors, and support staff to provide the City the highest level of experience.
b. Perform Plan Check - The FCG team will ensure all design conforms with the current edition of Specifications and updated design policies, contract plans are prepared in accordance with the most current editions of applicable manuals and other documentation, current standard Detail Sheets, and current standard Plans are incorporated into the contract plans where applicable.
c. Perform Constructability Review and Plan Check - The FCG team will review plans and special provisions for errors and constructability issues, report those findings to the City, and will coordinate with the City team to eliminate such issues. d. Establish a Project Overall Budget - The FCG team will review the Contractors’ bids and provide comments and recommendations to the City to ensure proper expenditure of funds to control Project costs. e. Setup and conduct a Pre-Construction Meeting - Once the NTP is produced, FCG team will coordinate the preconstruction meeting by preparing a list of attendees, including, but not limited to, the Contractor, Designer, City of Lake Elsinore, Caltrans, and utility companies.

TASK C – BID PROCESS
The FCG team will prepare the construction bid procurements, including bid evaluation, contract documents, Federal and State requirements, Plans and Special Provisions, and permit requirements. We will perform all work as per the Local Assistance Procedure Manual as follows:
 Construction Bid Documents: The FCG team will review bids for compliance with contract documents, including scope to avoid unbalanced bid items and to prepare tabulations of bids. The Resident Engineer (RE) will advise the City’s Project Manager, with regard to issuing the NTP based on review of apparent low bidder price and schedule. This allows for the Contractor to obtain appropriate permits.


Construction Contract Award: The RE will review all bids and will make a recommendation to the City to award to the lowest apparent responsive bidder. Additionally, we will develop a payment excel file, verify the Contractor’s references, licenses, insurances, and coordinate with the Contractor for award.

Notice to Proceed and Move-In Period - Once the construction contract is approved, we will discuss Project move-in period and start of construction with the Contractor. Once this discussion is complete, we will recommend to the City issuance of the Notice to Proceed and establishment of the date of the first chargeable working day. This is recommended to maintain the Project schedule and provide the Contractor ample time to obtain permits and submit all necessary submittals prior to start of construction. A 20-day move-in period is recommended because it allows sufficient time to review submittals, especially for long lead items such as signal and lighting poles and equipment.

P a g e | 12 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
TASK D – PROJECT ADMINISTRATION
Well managed construction projects emphasize partnering, mutual respect between the Contractor and CM team, and effective resolution of issues in the field to ensure on-time and within budget completion without claims. Construction management is essentially project management for the construction phase. As such, the six essential elements of effective project management still apply, and they include:

Schedule
Control
Quality
ControlCost Control
Document
Control
Change
Management
Risk
Management
Deliverables
Standard deliverables for construction management services typically provided by FCG include:
 Administer the contract – comprehensive construction management services.  Assist City in the review and preparation of final bid documents.  Assist City with performing a thorough constructability/biddability review.  Assist with Caltrans (CT) Local Assistance audit process.  Assist City with the bid documents, advertising, pre-bid conference, bid opening, evaluation, and award.  Conduct the pre-construction meeting.
 Coordinate utility relocation before starting construction (not applicable to this project).  Provide construction inspection and management activities and coordination with other stakeholders.  Prepare and maintain construction documentation as required by City using Caltrans-LAPM (Chapters 15, 16 & 17) using the Uniform Filing System.
 Assist City to resolve change order issues.
 Provide public outreach services in support of City’s Public Information Officer and outreach team.  Provide project expenditure report to City’s Project Manager per funding requirements.  Manage pre-construction activities beginning with the execution of the contract and coordination with City staff.  Review the master construction schedule and monitor and update the construction schedule.  Conduct weekly construction meetings with Contractor, City, and other involved parties.  Coordinate closeout and as-built plans.
 Prepare daily and weekly construction inspection reports using the City/Caltrans standard forms.  Monitor Contractor’s Labor Compliance / Safety programs (assist City’s Labor Compliance consultant for this project).  Ensure all work conforms to the project construction specifications, City and County codes, 2018 Greenbook Standard Specifications for Public Works Construction and 2018 Caltrans Standards and Specifications.  Verify SWPPP compliance.
 Review Requests for Information (RFI) and provide recommendations to City’s Project Manager.  Process and review submittals, RFIs, weekly statement of workdays, change orders, punch-list items, and as-built plans.  Monitor traffic control working closely with City’s Traffic Engineer using Caltrans Standard Plans, California Manual on Uniform Traffic Control Devices (MUTCD), and Work Area Traffic Control Handbook (WATCH).  Quantity calculations/take-off, field measurement, and verification in support of Monthly Progress Payments.

Construction Engineering
The FCG team will manage and administer the project through Mr. A.B. Fakhouri. He is highly experienced with similar projects, has successfully delivered services on several similar federally funded projects, and is a licensed Civil Engineer in the State of California.

The FCG team will perform Construction Engineering, Inspection, and Office Engineering per the LAPM and Caltrans Construction Manual and will enforce the Project Plans, Specifications, and Caltrans and Greenbook Standards as follows:

1. Management
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Review and coordinate approval of shop drawings by the design consultant as needed.

Log, track, and process submittals, Requests for Information (RFI’s), Requests for Changes (RFCs), Contract Change Orders (CCOs), field directives, Notices of Potential Claim (NOPCs), Non-Conformance Reports (NCRs), review and approve traffic control plan.
 Provide City with the contractor's Red marked as-built plans at Project completion.

P a g e | 13 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
Monitor materials documentation and testing results, as well as enforce corrections.

Review and approve contractor's safety program.

Review all requests for clarification and provide to Engineer of Record for clarification.

Review required construction survey including lines and grades, construction staking, cut sheets, etc.

Process all Project documentation per City and Caltrans requirements for standard format.

Maintain Project files per Caltrans requirements.

The RE shall service the Project and visit the site as needed for the duration of the project.

Deliver services in accordance with the plans andspecifications.

Manage and coordinate all aspects of the project, inclusive of services identified in the RFP.

Conduct a pre-construction meeting and biweekly construction meetings or as deemed necessary by the project manager with the contractor, and City. Prepare and distribute meeting agendas minutes and progressreports.

Coordinate with City staff, multiple contractors when applicable, agencies, and Project stakeholders.

Prepare weekly Statements of Working Days and other reports that may be required by the City.

Review submittals and determine consistency with the plans and specifications.

Participate in field meetings and document issues, findings, directions, changes, etc., and develop solutions.

Participate in public outreach activities.

Other improvements/activities as deemed necessary by the consultant to implement the improvements on the Project.

Prepare all progress reports required by the Local Assistance Procedures Manual and FHWA guidelines. 
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2. Meetings
 Conduct a pre-construction meeting and prepare agenda and minutes. Prior to the meeting, review PS&E and agendize potential issues.
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Conduct a utilities coordination meeting with all utilities and representatives to discuss issues and conflicts.

Conduct and lead construction progress meetings as scheduled by all parties and prepare minutes for the City's approval.
 Conduct field visits and meetings to discuss issues in the field with involved parties including, but not limited to, City Staff, Designer(s) of Record, Contractor, Subcontractors, Inspectors, and whoever else required to.be present.

3. Labor Compliance
The Consultant will be expected to perform labor compliance in accordance with the Caltrans Local Assistance Procedure Manual (LAPM). The proposal shall provide a detailed scope of work that clearly demonstrates the Consultant understands the requirements of performing labor compliance in accordance with the LAPM.

4. Document Control
FCG staff will develop, implement, and manage the project filing system for all project documents that is consistent with the FHWA and Caltrans filing system. The FCG team will document communications with all stakeholders as well by printing all emails and filing them. The Filing System will be setup based on the 63 Filing Categories outlined in the Caltrans LAPM and Caltrans Construction Manual in two formats at minimum; hard copies in binders and web-based cloud system such as Dropbox or SharePoint. Our Project Manager/Resident Engineer Mr. Fakhouri is a former Caltrans Resident Engineer and he is extremely knowledgeable and highly experienced with the Caltrans Filing System. Mr. Fakhouri has participated in several project reviews by Caltrans and FHWA and has been highly praised by Mr. Pasebani at Caltrans for such work.

TASK E – CONSTRUCTION COORDINATIO
 Generate and provide list to RE stating all Utility Owners to be invited to Pre-Con Meeting. – Utility Owners, Local Fire Department, Waste Management.
 Review & Coordinate all Utility Owners scope of work at the construction conference and review for conflicts phasing, staging of work. (who’s doing traffic control, coordination with GC), encroachment permits.

Maintain Utility Matrix – relocations, easements, rights, etc.

Coordinate relocations.

Review/provide comments to utility owner relocation plans. 
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 Manage Encroachment Permits.

P a g e | 14 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
TASK F – CONSTRUCTION INSPECTIO
The Construction Inspector will be performing the following:

Construction Inspection Tasks

1. Become familiar with and review plans, specifications, construction-related documents, traffic control plans, construction schedules, construction sequences, and other agency permit requirements.

2. Photograph, log, and pre-work video prior, during, and after construction.

3. Attend pre-construction meetings and present special concerns, if any.

4. Interpret plans, specifications, and regulations and ensure the Contractor is following their contract. Provide inspections to ensure the Project is constructed accordingly.

5. Direct and notify construction Contractor about non-compliance and correct issues upon discovery.

6. Maintain daily diaries, photographs, and video (as needed) reflecting site and weather conditions, traffic control measures, labor, equipment and materials, quantity of work, and major incidents/safety violations.

7. Review construction progress schedules regularly. Verify schedules coincide with Project milestones, identify deviations, and ensure corrective actions are taken to bring projects back on schedule.

8. Provide complete measurements and calculations for progress payments and make recommendations for payments.

9. Review soil compaction and materials testing certifications of compliance.

10. Ensure the Contractor does not install materials without approved material testing certifications. Any failed tests shall be reported, and the Contractor directed to take corrective action.

11. Monitor Contractor’s utility coordination to minimize utility conflict delays and potential need for relocations.

12. Attend progress meetings to communicate, coordinate, and resolve any jobsite issues or problems that may arise. Prepare and submit to Contractor a “Weekly Statement of Calendar Working Days” report.

13. Conduct field construction employee interviews to comply with the Federal, CDBG, Equal Employment Opportunity Law, and Davis Bacon Act.

14. Coordinate access to adjacent businesses and residents during construction with the Contractor. Coordinate mitigation of construction impacts with the Contractor, City, and other agencies.

15. Provide inspection of traffic control, channelization, and all other traffic-related work.

16. Ensure conformance with plans, specifications, applicable laws and codes.

17. Observe construction safety, public safety, and convenience, and report issues to the City and Contractor.

18. Monitor compliance with the City’s National Pollutant Discharge Elimination System (NPDES) Permits and requirements, as well as all other local, state, and federal laws and regulations.

19. Inspect for compliance with the Project SWPPP Program including monitoring QSP and/or QSD duties as outlined in California State Water Resources Control Board, Storm Water General Permit and contract.

20. Monitor compliance with the City’s Construction Demolition and Recycling Ordinance.

21. Maintain data for change orders and record information regarding time of dispute, time of notification by the Contractor, and action taken by the Inspector.

22. Ensure the Contractor submits certified payroll reports with monthly progress payment requests. Review reports for compliance with federal and state prevailing wage regulations.

23. Prepare and transmit to the Contractor all Project-related correspondence. All correspondence sent to and received from the Contractor shall be copied and transmitted to City.

24. Coordinate the preparation and submittal of as-built plans to the City upon project completion.

25. Prepare preliminary and final punch-list and follow through until completion.

P a g e | 15 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
TASK G – PROJECT SUPPOR

CONSTRUCTION SURVEYING
 The surveyor will verify contractor’s surveyor staking and layout to ensure compliance with State’s requirements in terms of preservation and/or reestablishment of survey monuments, including recordation requirements.

The surveyor will set centerline ties for existing centerline monument found with no existing ties, if any.

The surveyor will replace centerline ties disturbed by construction, as needed.

The surveyor will reset centerline monuments and provide the City with updated set of centerline tie notes along with as builts.
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 The surveyor will verify contractor’s surveyor work to ensure compliance with all required construction survey requirements including, but not limited to, setting lines and grades, construction staking, preparation of cut sheets, etc.

The surveyor will prepare and file any documentation required for recordation with the local Recorder’s Office.

The surveyor will perform any other survey activates as deemed necessary by the City or Consultant to ensure construction of Project is following the PS&E.
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MATERIALS TESTING
Materials Sampling & Testing
Our team will work in collaboration with other members of the project team to achieve your project objectives. One of the key elements in meeting the project needs is assigning staff with requisite qualifications and experience in performing Geotechnical observation and material testing services as follows:
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Material testing shall conform to all Caltrans Standards, the LAPM and the Quality Assurance Program (QAP).

Review and approve ARHM, AC mix designs.

Review and approve PCC mix design. Consult with City for approval of PCC mix for the Project.

Provide all material source inspection, sampling and testing as required by the LAPM and the QAP.

Provide requested miscellaneous consultation during the Project, including discussion with the contractor to emphasize proper treatment of concrete. Provide all compaction tests per plan, specifications, and regulations per LAPM and the QAP. Provide nuclear compaction testing and provide geotechnical soil testing as necessary.

Provide coordination for traffic controller testing and other traffic signal equipment as needed. Quality Assurance Plan
Sampling and fabrication of concrete cylinders will be performed in accordance with the Quality Assurance Plan (QAP) and the Caltrans Construction Manual, Chapter 6. We will have one Caltrans certified tester at the batch plant and two in the field. One tester will measure temperature and perform Kelly Ball, unit weight and air content tests. The other tester will sample and test materials then compare results.

PUBLIC OUTREACH
FCG’s staff has visited the Project location at different times of the day to better understand the area conditions and traffic patterns. Understanding existing conditions before construction begins is critical to the public outreach plan to save money and assist with potential early completion of the Project. There are several businesses and residents near the Project that will need to be communicated with continually, as well as internal target audiences, to include the City, Caltrans, emergency responders and local media. It is critical for us to keep stakeholders aware of what is going on. Our team understands a community who feels their concerns are being heard and who feels they are adequately communicated with will ultimately trust the agency building the Project.

The FCG team is experienced with providing public outreach to clients that requires various methods of outreach including but not limited to a Facebook page, City website link, flyers, and bilingual staff.

P a g e | 16 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH

ENVIRONMENTAL MONITORIN
The following are the biological environmental commitments for the Main Street Interchange Improvement Project, in the City of Lake Elsinore, Riverside County, California. These environmental commitments were obtained and are referenced on page 82 of the City of Lake Elsinore Public Works Department Special Provisions for Construction on State Highway in Lake Elsinore in Riverside County Street and Ramp Widening at I-15/Main Street Interchange.

The project is within or near habitat for the following regulated species:
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Coastal California Gnatcatcher
Burrowing Owl
Nesting Birds
To avoid any potential impact to these species, HES will implement the following measures:

1. A pre-construction survey within 3 days prior to ground disturbance is mandatory in suitable habitat areas for burrowing owl.

2. If feasible, project construction and all vegetation removal, including coastal sage scrub, should be completed outside of the general bird breeding season, that is inclusive of the coastal California gnatcatcher (February 15 – August 31). In the event that vegetation removal cannot be conducted outside of the coastal California gnatcatcher breeding season, focused surveys will be conducted by a qualified biologist three days prior to vegetation removal activities. Should nesting birds be found, an exclusionary buffer will be established by a qualified biologist. The buffer may be up to 500 feet in diameter. This buffer will be clearly marked in the field by construction personnel under guidance of the qualified biologist, and construction or clearing will not be conducted within this zone until the qualified biologist determines that the young have fledged, or the nest is no longer active.

If nesting birds are found within the Main Street Bridge structure, exclusionary devices and nest prevention methods, designed to prevent birds from utilizing the bridge, will be determined and implemented by a qualified biologist. Exclusionary devices must be installed prior to the initiation of nesting season (February 15), and before any bridge demolition and other bridge construction activities begin. The biologist will determine high-visibility fence placement as needed.

3. If nesting birds are found within the Main Street Bridge structure, exclusionary devices and nest prevention methods, designed to prevent birds from utilizing the bridge, will be determined and implemented by a qualified biologist. Exclusionary devices must be installed prior to the initiation of nesting season (February 15), and before any bridge demolition and other bridge construction activities begin. The biologist will determine high-visibility fence placement as needed.

4. Nesting bird habitat within the project limits will be resurveyed during bird breeding season if there is a lapse in construction activities longer than seven day

SOURCE INSPECTIO
ZT Consulting Group (ZTC) and FCG Consultants (FCG) have assembled a team of experienced Structural Material Representative (SMR), experienced QA Source Inspectors, and accredited laboratories to develop and implement a Source Inspection Quality Management Plan (SIQMP). ZTC & FCG will develop the project Source Inspection Quality Management Plan (SIQMP) consisting of several components, where each component is addressed by different entity involved in the project. Project SIQMP will include a 3-category material tier-list for the project bid items and their subcomponents based on consequence of failure, from high risk of failure down to low risk of failure. ZTC will perform a comprehensive QA source inspection for the materials with higher risk of failures.

For the lower tier materials, a combination of Contractor QC inspection reports and field QA verification will be utilized. This tier system and approach is similar to Caltrans METS tier priority system and QA practices. Materials that are required source inspection on this project are ground anchors, sub-horizontal ground anchors, and electrical components (poles, fasteners, cabinets, and APSs). ZTC will provide certified QA source inspectors, including AWS CWI steel inspectors, ASNT Level II non-destructive testing (NDT) structural steel inspectors, and other qualified source inspectors as needed. Additionally, the source inspection team will work closely with the construction management team and CITY to utilize effectively all of the available resources for QA source inspection, sampling, and testing. ZTC has an on-call contract with several out-of-state QA companies. ZTC will utilize certified local QA resources within the vicinity of out-of-state fabricators in order to maximize project resources for QA source inspection. ZTC will file all the source inspection records electronically and will provide a copy of the records to Construction. A final material certification in accordance with the project specifications and the approved SIQMP will be provided to FCG and CIT P a g e | 17 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
TASK H – COST AND SCHEDUL
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Review construction schedule submitted by the contractor. Review subsequent revised construction schedules due to delays, time extensions, change orders, additional work, etc., within one week of submittal.

Prepare change orders within 48 hours in the standard City format as well as in accordance with all applicable Federal and State funding requirements.

Maintain a current monthly accounting of construction costs to complete the project, including approved change orders for city's review and approval.

Review payment requests in a timely manner, make payment recommendations, and submit the progress payment request to City for processing.

Prepare reimbursement requests to Caltrans and Metro.

TASK I – CONTRACT CHANGE ORDERS AND CLAIM
The FCG team will assist the City in controlling the costs of the Project and the factors that may escalate Project costs. Upon submittal, Contractor’s change requests will be reviewed for merit. We will hold the Contractors to providing the facilities in the scope of work bid, without generating unnecessary changes to increase the Project cost. The FCG team’s PM|RE will work with the City’s Project Manager to establish levels of financial authority from the Project Manager up the chain of command to provide guidelines for change authorization. FCG will approve as agreed-upon by the City.

Cost Estimating: All change orders will be estimated independently of the Contractor’s proposed cost prior to approval by our PM|RE, and submittal for approval to the City. We will comply with the Caltrans Construction Manual and Local Assistance Procedures Manual. The FCG team is comprised of highly qualified scheduling and claims avoidance experts that will analyze and produce schedules from the perspective of an owner and a Contractor. Our experts will ensure the Contractor is complying with the requirements. Our approach includes, but is not limited to, weekly analysis of schedules, Inspector’s daily diaries, meeting minutes, and Project files to provide the City notice of any potential delays.

Claims Avoidance and Mitigation: The FCG team’s renowned claims division and our claims experts have a proven track record with Caltrans and other public agencies on similar projects. We will monitor all site records of events, labor, materials and equipment for potential claims or delay issues. This data will be essential when analyzing a Contractor’s claim. Our team will address every issue that will contain all relevant RFI’s, change orders, correspondence, pictures, Inspector’s dairies, cost analysis and schedule analysis. Our objective will be to minimize misunderstandings by providing clear and concise analysis of all major Project issues.

TASK J – SAFET
Safety has the highest priority on any jobsite and the FCG team takes it very seriously. The contractors usually submit an Injury and Illness Prevention Program (IIPP) at the start of the project. This will be combined with City’s Safety procedures and the Cal-OSHA Construction Safety Orders to be the Project Safety Program. This then serves as the basis for our evaluation of the contractor’s safety practices. The inspectors will attend Contractor’s safety meetings and the CM team will also hold its own safety meetings regularly. Safety is the job of everybody.

TASK K – PROJECT CLOSEOU
The FCG team will provide the appropriate level of inspections to ensure all punch-list work is completed, safety issues are resolved, final acceptance of the contract is granted, and all necessary paperwork and reports are completed to the standards of the City. The FCG team will assist the City with completing all closeout forms per Chapter 17 of the Caltrans Local Assistance Procedures Manual, provide the City with hard and electronic copies of the project files, and all materials records after acceptance as follows:
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Coordinate a final walk-through, prepare punch list, certify completion of the Project and recommend acceptance.

Transmit Record Drawings (As-Builts) from the engineer of record to the City.

Finalize record drawings/As-Builts, contract bid items, claims, change orders and punch list items.

Prepare all final reports, including report of completion for acceptance of the Project.

Finalize and deliver all construction files to the City forarchives.

Provide electronic copy of all reports and construction files toCity.

Complete documentation required by Caltrans, LA Metro and the City.

Our Resident Engineer, Mr. Fakhouri, is a former Caltrans Resident Engineer, and worked on several Caltrans and Federally Funded Projects and will ensure full compliance to requirements to deliver this project.

P a g e | 18 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

PROJECT UNDERSTANDING, SCOPE & APPROACH
As-Built Plans
The FCG team will maintain as-built plans on an on-going basis throughout the duration of the Project. Red-lined plans will show all changes made to the contract plans, will present name of change approver, and CCO number. We will also ensure Contractor is tracking as-builts, and at the end of the Project, our construction management team will combine information into one set of drawings.

Federal Review
The FCG team has participated in several federal reviews with Caltrans and the Local Assistance Office and presented the project documents impressively every time. The PM|RE is a former employee of Caltrans in Los Angeles and is very experienced with documentation of construction projects per the Local Assistance Procedures Manual. Mr. Fakhouri will ensure all project files are maintained per the LAPM in project folders and in electronic form. Mr. Fakhouri will represent the City throughout the entire project, from pre-construction, during construction and through post-construction.

TASK L – EQUIPMENT AND METERIALS TO BE PROVIDED BY OFFERO The FCG team (Prime and Subs) will have the following equipment onsite at all times:

Inspectors:
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Trucks.

Smart Phones.

Laptop with Power Invertor.

Tablet with Internet Connection.

Small Printer.

Smart Level, Tape Measure, Hand Level, Surveyor Ruler, and Marking Paint.

All necessary PPE.

Soils Technician:
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Trucks.

Smart Phones.

Laptop with Power Invertor.

Tablet with Internet Connection.

Small Printer.

All Testing apparatus and tools to perform all required testing per the Quality Assurance Plan and Construction Manual.

Suveyors:
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Trucks.

Smart Phones.

Laptop with Power Invertor.

Tablet with Internet Connection.

Small Printer.

All survey tools to perform construction staking and layout per the plans and special provisions.

TASK M –METERIALS TO BE FURNISHED BY THE CIT
The FCG team (Prime and Subs) shall receive the following items from the City:
 Copies of Project construction documents including plans, special provisions, reports, City’s designers prepared resident engineer files, and contracts.
 Copies of previously secured permits and Project authorizations.

Fee Proposal
Our Fee Proposal has been submitted in a separate sealed envelope and includes all tasks required to perform the work with a maximum not-to-exceed fee for each task and a grand total not-to-exceed fee.

P a g e | 19 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

SCOPE OF WORK & PROJECT UNDERSTANDING
Exhibit 1: Proposed Project Schedule
P a g e | 20 City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

APPENDICIES

APPENDIX A

RESUMES
City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 A.B. FAKHOURI, PE, QSP
Project Manager/Resident Engineer
Mr. Fakhouri is a Registered Professional Engineer licensed in the State of California, and a former Resident Engineer of Caltrans District 7, Los Angeles, CA. He has worked on various interchange projects of similar nature that included bridge demolition and widening, interchange widening, relocation of utilities, electrical, 55-hour closures, and more. As a Project Manager, duties included, but were not limited to, interfacing with clients, managing and training personnel, managing subconsultants, performing construction management, and construction inspection. As a Resident Engineer, duties included identifying problems and recommending solutions, ensuring compliance with safety requirements and contract provisions, preparing calculations, reports, and correspondence, reviewing submittals and RFI’s, change orders, conducting meetings, coordination, overseeing inspection, ensuring compliance to safety, SWPPP and labor laws. Mr. Fakhouri is knowledgeable in all Caltrans policies, procedures, and has the ability to satisfy the client with high- performance, high-quality staff at a moment’s notice.

EDUCATION
MS, Civil Engineering, California
State University, Long Beach
BS, Civil Engineering, California State
University, Long Beach
REGISTRATION|CERTIFICATION
 CA, Civil Engineer, No. C60844
 CA, QSP, No. 26605

RELEVANT EXPERIENCE
I-605/Live Oak Avenue Ramp Widening & Improvements Project – City of Irwindale, CA Project Manager/Resident Engineer: Project consisted of a ramp widening and various improvements within Caltrans and City right- of-way. Work included traffic control, removals, concrete and asphalt paving, curb and gutter, ADA ramps, sidewalk, street lighting, traffic signals, Edison service connections, drainage, landscaping, and striping. Duties included construction management and inspection of various work items; overseeing field interviews and conducting field reviews of certified payroll; office engineering; conducting meetings; reviewing submittals and Requests for Information (RFIs), Construction Change Orders (CCOs), daily diaries and quantities, and daily photos; coordinating materials testing and lane closures; performing document control; and reviewing contractor as-builts. Project Cost: $2M. Project Duration: 11/2018 – 07/2019.

Foster Road Side Panel Replacement Project –City of Norwalk, CA Project Manager|Resident Engineer: Project consisted of various improvements including reconstruction of side panels, curb and gutter, ADA ramps, sidewalk, lighting, traffic signal, Edison service connections and drops, HMA pavement, traffic control, and striping. Duties included, but were not limited to, construction management and inspection of various items of work, office engineering, conducting meetings, review submittals and RFI’s, CCO’s, daily diaries and quantities, daily photos, coordinating materials testing, quality assurance, coordinating lane closures, filing documents, and as-builts. Project Cost: $1.8M. Duration:
02/2018 – 08/2018.

AC Overlay on Gabbert Rd, Poindexter Avenue, Spring Road and Princeton Avenue - City of Moorpark, Moorpark, CA Project Manager|Resident Engineer: Federally-funded project consisted of major roads grind and overlay asphalt paving, curb ramps, materials testing, surveying and electrical. Duties included, but were not limited to, construction management and inspection of various items of work, office engineering, conducting meetings, review submittals and RFI’s, CCO’s, daily diaries and quantities, daily photos, coordinating materials testing, quality assurance, coordinating lane closures, filing documents, and as-builts. Project Cost: $500K. Duration: 11/2017 – 02/2018.

Beverly Boulevard Traffic Safety and Lighting Improvements Project - City of Whittier, CA Project Manager|Resident Engineer: Federally-Funded project consisted of construction of raised median and PCC pavement.

Duties included, but were not limited to, construction management and inspection of various items of work, office engineering, conducting meetings, review submittals and RFI’s, CCO’s, daily diaries and quantities, daily photos, coordinating materials testing, coordinating lane closures, filing documents, and as-builts. Project Cost: $2.2M. Duration: 11/2016 – 05/2017.

Alondra Boulevard Roadway Improvements - City of Norwalk, Norwalk, CA Project Manager|Resident Engineer: Federally-Funded project consisted of widening and rehabilitation of Alondra Boulevard from Pioneer to Shoemaker. Duties included, but were not limited to, inspection of traffic control, signage, drainage, electrical, traffic, sidewalks, curb and gutter, striping, SWPPP, and safety. Duties also included monitoring and construction of electrical work, temporary and permanent lighting, relocation and installation of permanent fiber optic lines, temporary and permanent ramp metering and signalization. Project Cost: $1.5M. Duration: 06/2015 – 12/2016.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 Firestone Boulevard Bridge Replacement Over San Gabriel River - Caltrans District 7, Norwalk|Downey, CA Project Manager|Resident Engineer: Project consisted of construction of a pre-cast concrete bridge widening on Firestone Boulevard over the San Gabriel River. Duties included, but were not limited to, full construction engineering and management and inspection of traffic control, striping, bridge demolition, bridge construction, drainage, electrical, safety, and SWPPP. Duties also included office procedures, construction inspection and field verification, production daily diaries and photos, monitoring contractor progress and producing pay estimate quantities, performing safety inspections, SWPPP inspections, reviewing and preparing change orders, conducting employee interviews and responding to correspondence, reviewing RFI’s and submittals, reviewing CPM Schedule updates, responding to claims, and filing project documents. Project Cost: $24M. Duration: 05/2014 – 03/2016.

Jamboree Bridge Widening/SR-73, City of Newport Beach/Caltrans D12 Project Manager and Resident Engineer: Project consisted of construction of a pre-stressed concrete bridge widening on Jamboree Road Ave over SR-73 in Newport Beach, Tie-back Wall, Movable Barrier, new signalized intersections, utilities relocation and new construction, drainage and waterline construction, and relocation. The work included staff supervision, coordination with utility and maintaining the project budget. Work also included but not limited to advertizing and awarding a construction contract, full contract administration, field inspection, and review and approve submittals, RFI’s and CCO’s. This project included Public Relations issues in terms of maintaining access to all residents, business owners, and pedestrians. Project Cost: $3.5M. 3/2011 – 6/2012.

Woollomes Ave Interchange Improvements, City of Delano
Project Manager and Resident Engineer: Project consisted of construction of a pre-stressed concrete bridge widening on Woollomes Ave over SR-99 in Delano, a new detour and a cul-de-sac, new signalized intersections, utilities relocation and new construction, drainage and sewer construction, and relocation. The work included staff supervision, coordination with utility and railroad companies and maintaining the project budget. Work also included but not limited to advertising and awarding a construction contract, full contract administration, field inspection, and review and approve submittals, RFI’s and CCO’s. Project Cost: $5M.

Duration: 6/2012 – 3/2013.

Ramona Ave Grade Separation over UPRR - City of Montclair, Montclair, CA Project Manager|Resident Engineer: Project consisted of construction of a pre-stressed concrete bridge on Ramona Avenue over the Union Pacific Rail Road tracks, a new detour and a cul-de-sac, new signalized intersections, utilities relocation and new construction, drainage and sewer construction, and relocation. The work included staff supervision, coordination with utility and railroad companies and maintaining the project budget. Work also included advertising and awarding construction contract, full contract administration, field inspection, and reviewal and approval of submittals, RFI’s and CCO’s. This project included a great deal of Public Relations issues in terms of maintaining access for all residents, business owners, and pedestrians. Project Cost:
$3.5M. Duration: 06/2008 – 12/2009.

I-15|El Cerrito Interchange - City of Corona, Corona, CA Project Manager|Resident Engineer: The project includes widening to four lanes between the southbound off ramp and the northbound on ramp with Caltrans right of way. Responsible for the construction management and supervision of inspection for engineering services including contract administration, construction management and inspection services. Coordination with the City of Corona, Caltrans, designer, SCE, CHP, local Enforcement and Traffic Management Center for Caltrans, as well as the local water company. Work also included coordination of surveying and materials testing. Project Cost: $5M. Duration: 01/2005 – 12/2006.

Del Amo Boulevard Bridge Overcrossing at I-405 - City of Carson, Carson, CA Project Manager|Resident Engineer: The project included approximately 760-meters of new roadway and bridge improvements, varying between 26.1 and 31.9 meters wide. The new roadway spans the I-405, Dominguez Channel and Macco Channel to accommodate six travel lanes, a concrete median island, left turn lanes, curb and gutter, sidewalks, retaining wall, northbound weigh- station on ramp modification, drainage improvements, ACC and PC paving, drainage, railroad and utility relocation. Responsible for construction contract administration, preparing and checking designs, plans, specifications and estimates, inspecting and testing, collecting office and field data, and preparing reports with recommendations on a wide variety of civil engineering matters. The work entailed review of all submittals, CCO’s, RFI’s and change of scope. Also responsible for field inspection and office procedures.

Assisted structures personnel with coordinating work, resolving issues and writing CCO’s and correspondence. Project Cost: $38M.

Duration: 02/2003 – 08/2003.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

RELEVANT EXPERIENCE
Project Manager/Resident Engineer: As a Project Manager and Resident Engineer, duties include, but are not limited to, ensuring all deliverables satisfy the acceptance tests and criteria set forth in provisions and specifications; supervising, training, and directing the field and office personnel; conducting interviews and assigning qualified personnel to complete work as required; maintaining project files for project control; organizing, facilitating, and attending meetings; implementing and maintaining quality control and quality assurance procedures to manage conflicts and issues; ensuring safety compliance; producing monthly invoices and reports in a timely manner; and ensuring accuracy and completion of invoices before billing clients. Mr. Fakhouri has extensive experience working with various clients especially Caltrans; as a Project Manager on various On-Call Construction Management and Inspection Contracts or as Resident Engineer on State or Federally Funded contracts on State Highways or City and County projects that utilize the Caltrans Local Assistance Procedures Manual, Caltrans Standard Plans and Specifications, Caltrans Construction Manual, and Green Book. Below is a list of projects Mr. Fakhouri has worked on as a Project Manager and or Resident Engineer for various clients:

Agency Project Role Start/End Dates
Construction Management and Inspection
Irwindale Park Improvements Project, Phase III
Burbank Channel Bikeway Project
City of Irwindale/Caltrans D7
City of Burbank/Caltrans D7
City of Irwindale/Caltrans D7
City of Norwalk/Caltrans D7
PM/RE
PM/RE
4/2020 – 7/2020
8/2019 – 7/2020
I-605/Live Oak Ave Ramp Widening – Federal Funds
Foster Road Side Panel Replacement – Federal Funds
PM/RE 11/2018 – 02/2020
PM/RE 12/2017 – 02/2019
City of Corona/County of
Riverside Storm Drain Line 52 Replacement Project – Local Funds PM/RE 04/2016 – 06/2018 Various Locations of AC Overlay Project – FederalCity of Moorpark/Caltrans D7 City of Whittier/Caltrans D7
City of Norwalk/Caltrans D7
PM/RE 11/2017 – 02/2018Funds
Beverly Boulevard Traffic Safety Project – Federal Funds PM/RE 10/2016 – 04/2017 Alondra Boulevard Street Improvements – Federal PM/RE 07/2015 – 05/2016Funds Norwalk/Downey/Caltrans D7
City of Delano/Caltrans D6
Newport Beach/Caltrans D12
Firestone Blvd. Bridge Replacement – Federal Funds PM/RE 05/2014 – 11/2015 PM/RE 06/2012 – 07/2013
PM/RE 03/2011 – 05/2012
SR-99/Woollomes Interchange Project – Federal Funds
SR-73/Jamboree Bridge Widening – Federal Funds
Various Cities: Whittier, La
Mirada, Culver City, Burbank,
Glendale, & Moorpark.

On-Call CM/Inspection Contracts – State & Fed. Funds PM/RE 01/2013 – Ongoing Various Counties: Los Angeles,
San Bernardino, Orange, & San 4 On-Call CM/Inspection Contracts – State & Fed. Funds PM/RE 01/2013 – Ongoing Diego
Various Ports: SD, LA, & Long 3 On-Call CM/Inspection Contracts– State & Fed. Funds 3 On-Call CM/Inspection Contracts – State & Fed. Funds
PM
PM
01/2013 – Ongoing
01/2013 – Ongoing
Beach
Caltrans District 59 - Structures
Caltrans District 7 – Los Angeles 3 On-Call CM/Inspection Contracts – State & Fed. Funds PM/RE 01/2013 – Ongoing Caltrans District 8 – 4 On-Call CM/Inspection Contracts – State & Fed. Funds PM/RE 01/2013 – OngoingSBD/Riverside City of Delano Woollomes Avenue Interchange–Federal Funds Jamboree Bridge Widening / SR-73 – Federal Funds
PM/RE 05/2012 – 12/2015
PM/RE 03/2011 – 05/2012City of Newport Beach
City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

REGINA TALAMANTEZ, PE, QSD
Structures Representative
Ms. Talamantez is a licensed civil engineer in the state of California with over 29 years of experience in construction management managing high-profile heavy civil construction projects in transportation and public works. Of her 29 years, she has over 10 years working directly on highway bridge, freeway projects and public works projects for local CIP programs and over 18 years managing railroad at-grade crossing improvements, transit, railroad underpass, bridge overcrossing and trench grade separation projects. Most recently she has served as Utility Manager on Design Build Projects and has supported design firms with utility coordination and constructability reviews in the PAED and PS&E phases. Her diversity serves well for managing utility owners and third-party coordination. As a Structures Representative, duties included revfiewing submittals; RFI’s; shop drawings; and design calculations, ensuring compliance with safety requirements and contract provisions, preparing calculations, producing reports, and correspondence, assisting the Resident Engineer with negotiating and drafting change orders, conducting meetings, coordination, overseeing structures inspection work, and ensuring compliance to safety. Ms.

Talamantez is knowledgeable in all Caltrans policies, procedures, and has the ability to satisfy the client with high-performance, high-quality staff at a moment’s notice.

Education / Training
B.S., Civil Engineering, Cal Poly
State University, SLO
Registrations / Certifications
 CA, Civil Engineer No. 59264
CDRS DRB Training Institute
CDRS Approved Mediator
CDRS Approved Arbitrator
CDRS Approved DRB Specialist
CDRS Approved Expert Witness
CalOSHA 30 hr.

Railroad Worker Safety
Primavera Exped./Const. Mgr.

Primavera Scheduling P6
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RELEVANT EXPERIENCE
ACE Construction Authority Construction Management services for Fairway Drive Grade Separation & Lemon SR-60 On/Off Ramp Projects - Industry & Diamond Bar, CA
Resident Engineer/Structures Rep: Regina was responsible for providing construction management services as Resident Engineer which includes, management of CM staff, management of contract administration and construction of UPRR grade separation underpass project and installation of new SR-60 On/Off Ramps on Lemon Avenue. Responsibilities include reviewing the baseline schedule, review monthly schedule updates, analyze change orders and conduct time impact analyses, provide support services in claims avoidance and mitigations. Project Cost: $90M.

ACE Construction Authority Brea Canyon Road Grade Separation ($67.4M) (UPRR/Metrolink/Amtrak), Cities of Industry & Diamond Bar, LA County
Resident Engineer/Structures Rep: This project generally consisted of construction of an underpass grade separation at the UPRR crossing at Brea Canyon Road. The major components of this work encompassed, a railroad (UPRR) bridge, retaining walls, pedestrian ramp structures, roadway improvements on Brea Canyon Road, Washington Street and Currier Road, a Metrolink access road, Industry Metrolink Station platform reconstruction and pedestrian ramps under live active mainlines and shoofly tracks, utility relocations, a pump station, landscaping and irrigation, drainage & sewer, and signalization & street lighting. The project also included a relocation of an MWD 36" O.C. Mainline feeder in Brea Canyon Road. Coordination with LACSD, LACDPW/LACFCD, RWD, WVWD, SCG, SCE, Time Warner & MCI/Verizon Wireless, both the City of Industry and City of Diamond Bar.. Project Cost: $68M.

ACE Construction Authority Nogales Street Grade Separation Project ($49.7M) (UPRR, Metrolink, Amtrak), Cities of Industry & West Covina, LA County, CA
Resident Engineer/Structures Rep: Regina was responsible for program management support and construction management support. She was instrumental in assembling the General Conditions for the agency and the technical specifications for the project. this grade separation consisted of: construction of two bridges - a railroad underpass at Nogales Street grade crossing & a bridge overcrossing for Valley Blvd.; grading and drainage construction; installation of sub-ballast for a single shoofly track; installation of steel pipe casings for utilities that cross the UPRR track; retaining walls and pedestrian stairwell; depressing of Nogales Street; a Loop Connector road; utility relocations; a pump station; detour roads; landscaping and irrigation; drainage and sewer; signalization and lighting for new intersections. Coordination and relocations of main waterlines for RWD & WVWD, jack and bore operations, fiber optic relocations through direction bore methods, increased storm drain capacity and constructed new drainage system, temporary bypass systems & pump station. Project Cost: $50M.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

CARY BROBECK
Lead Construction Inspector
Mr. Brobeck has over 25 years of experience working for contractors and engineering firms to include roadways, highways, freeways, and bridges. He has worked as a construction inspector and superintendent for large construction companies specializing in various fields, including, but not limited to, highway widening and improvements, bridge widening and reconstruction as an iron worker and inspector. He has extensive experience in construction and inspection of steel and concrete structures varying from soil nail walls, retaining walls, CIDH piles, shoring, pile driving, structural components, and reinforcement. Mr. Brobeck is ACE and CT certified to sample fresh concrete and other materials. In addition, Mr. Brobeck has experience with inspection of roadway work including JPCP and HMA paving, drainage, earthwork, striping, traffic control, SWPPP, electrical, landscape, and safety.

EDUCATION
AA Construction Management, Citrus
College, CA

CERTIFICATION
California Test Method: 125, 533, 539,
540, 541, and 557; ACI Grade I
Certification No. 01188683

RELEVANT EXPERIENCE
San Fernando Road Rehabilitation and Improvements Project, City of Glendale, CA Construction Inspector: Project consisted of demolition and reconstruction of a precast concrete girder bridge over the San Gabriel River. Duties included but were not limited to, inspection of bridge and roadway, drainage, electrical, traffic, sidewalks, curb and gutter, striping, SWPPP, and safety. Duties also included monitoring and construction of electrical work, temporary and permanent lighting, relocation and installation of permanent fiber optic lines, temporary and permanent ramp metering and signalization. Project Cost: $8M.

Foster Road Side Panel Improvements Project, City of Norwalk, CA Construction Inspector: The Foster Road Side Panel Project will provide a safe walking and bike route to school as well as enhance safety along this corridor between Studebaker Road and Pioneer Boulevard in the city of Norwalk. Duties included but not limited to inspection of traffic control, striping, concrete removal and paving, slab replacement, shoulder backing, shoulder paving, drainage, clean-outs, safety, and SWPPP. Project Cost: $3.0M.

Firestone Blvd. Bridge Replacement Over San Gabriel River, Caltrans D7, Cities of Norwalk/Downey, CA Construction Inspector: Project consisted of demolition and reconstruction of a precast concrete girder bridge over the San Gabriel River. Duties included but were not limited to, inspection of bridge and roadway, drainage, electrical, traffic, sidewalks, curb and gutter, striping, SWPPP, and safety. Duties also included monitoring and construction of electrical work, temporary and permanent lighting, relocation and installation of permanent fiber optic lines, temporary and permanent ramp metering and signalization. Project Cost: $8M.

Douglas GAP Grade Separation Project, City of El Segundo, CA Construction Inspector: Project consisted of demolition and construction of a UPRR grade separation bridge, construction of new retaining walls, soil nail walls, and major roadway and utility improvements. Duties included inspection of structural demo, excavation, pile driving and installation, rebar placement, structural and minor concrete construction, utility relocation and construction, flatwork, electrical, landscape, SWPPP, and safety. Project Cost: $115M.

Ramona Ave Grade Separation, SANBAG/City of Montclair, CA Construction Inspector: project consisted of construction of a pre-stressed concrete bridge on Ramona Avenue over the Union Pacific Rail Road tracks, a new detour, new signalized intersections, utilities relocation and new construction, drainage and sewer construction, and relocation. Work included new bridge structures, retaining structures, MSE Walls, drainage structures PCC and HMA paving, street widening, metal beach guardrail, dry and wet utilities, curb and gutter, median reconstruction, traffic control, SWPPP, slope paving, irrigation, utilities, gas lines, water lines, sewer lines, electrical lines, electrical, and landscape. Project Cost:
$9M.

Various Capital Improvement Project, City of Fontana, CA Construction Inspector: Various CIP projects including street rehabilitation and widening, water lines, sewer lines, parking lots, city parks, and more. Duties included, but were not limited to, inspection of bridge and roadway, drainage, electrical, traffic, sidewalks, curb and gutter, striping, SWPPP, and safety. Duties also included monitoring and construction of electrical work, temporary and permanent lighting, relocation and installation of permanent fiber optic lines, temporary and permanent ramp metering and signalization. Project Cost: $Various.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

ANTHONY MOUSSA
Electrical / Construction Inspector
Mr. Moussa has more than 8 years of construction inspection. His construction experience includes inspection of traffic control, signage, striping, concrete/ADL removals, roadway excavation, trenching, storm drains, sewer lines, minor concrete, LCB, JPCP, HMA, and landscaping. Duties included construction inspection and Quality Control, producing daily reports and quantities calculations, producing progress photos, review and monitor schedule of work, ensure compliance with plans and specifications and certificates, review shop drawings, review and monitor change order work, assist with reviewing submittals and RFI’s, attending meetings, filing documents in project records, ensure safety, reviewing as-builts, and preparing punch list.

EDUCATION
B.S. Electrical Engineering

REGISTRATION
Engineer in Training in progress

RELEVANT EXPERIENCE
I-605/Live Oak Avenue Ramp Widening & Improvements Project – City of Irwindale, CA Electrical / Construction Inspector: Project consisted of a ramp widening and various improvements within Caltrans and City right- of-way. Work included traffic control, removals, concrete and asphalt paving, curb and gutter, ADA ramps, sidewalk, street lighting, traffic signals, service connections, loops, controllers, video detection, ramp metering, drainage, , and striping. Duties included inspection of various items of work, office engineering, conducting meetings, reviewing submittals and RFIs, CCOs, daily diaries and quantities, daily photos, coordinating materials testing and lane closures, filing documents, and as-builts. Project Cost: $2M.

Foster Road Side Panel Improvements Project, City of Norwalk, CA Construction /Electrical Inspector: The Foster Road Side Panel Project will provide a safe walking and bike route to school as well as enhance safety along this corridor between Studebaker Road and Pioneer Boulevard in the city of Norwalk. Duties included but not limited to inspection of traffic control, striping, concrete traffic signals, loops, street lighting, median lighting, up-lights for trees, AC pavement, ADA ramps, sidewalks, driveways, landscape, hardscape, drainage, safety, and SWPPP. Project Cost: $3.0M.

SR-210 and SR-110 Electrical Upgrades , (Caltrans District 7, Los Angeles, CA) Electrical / Construction Inspector: Projects consisted of performing electrical upgrade as part of the rehabilitation work on both projects such as but not limited to ramp metering, temporary lighting, tunnel lighting, substation, sign lighting, light poles, pull boxes, conduit, CCTV, fiber optics, up-lighting for monuments and trees, and wiring. Duties included but not limited to monitoring and inspection of electrical work including temporary and permanent lighting, fiber optic lines, ramp metering and signalization, electrical conduits, pull boxes, conductors, concrete foundations, safety, and traffic control. Project Cost: $35M.

Beverly Blvd. Traffic Safety and Lighting Improvements Project, City of Whittier, CA Electrical / Construction Inspector Project consisted of improvements including raised median, paving, flatwork, landscape, irrigation, drainage, water and sewer lines, and more. Duties included but not limited to inspection of traffic control, signage, raised median, PCC pavement, Flatwork, pedestrian crossing, traffic signals, loops, street lighting, median lighting, video detection, bus shelters, relocate utilities, striping, Safety, and ensuring SWPPP compliance. Duties also included assisting the RE with office work and coordination in the field per Caltrans and Green Book Standards. Project Cost: $ 2.5M.

Alondra Blvd. Roadway Improvements Project, City of Norwalk, CA Electrical / Construction Inspector Project consisted of rehabilitation of Beverly Blvd. from Pioneer to Shoemaker; Work consisted of roadway excavation, HMA pavement, ADA ramps, sidewalk, curb and gutter, traffic signals, median lighting, loops, striping, and SWPPP. Duties included field inspection of construction work, coordinating with materials testing lab and field techs, producing daily dairies, producing monthly quantities, and coordination in the field per Caltrans and Green Book Standards. Project Cost: $ 3.5M.

Firestone Boulevard Bridge Over the San Gabriel River Replacement Project, Cities of Norwalk, CA Electrical / Construction Inspector Project consisted of demolition of existing concrete girder box bridge and replacement with pre- cast girder box, drainage, paving, utilities, traffic signals, median lighting and electrical, loops, landscape, and hardscape. Duties included but not limited to monitoring and inspection of street rehabilitation to grind and overlay with rubberized asphalt, PCC paving, striping and loop replacement, landscape, and electrical work. Project Cost: $ 12M.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

ABEL MORENO
Office Engineer
Mr. Moreno has more than 5 years of experience in environmental engineering, mainly in soil and groundwater investigation and remediation projects and has worked the last year in public works CIP for the City of South Gate. Currently he is working in the construction industry as office engineer managing all project documents and provides strength of conformity with document and document controls policy and procedures in Caltrans LAPM and Construction Manual. His experience also includes labor compliance, document control, contract administration and meeting minutes.

EDUCATION
BS, Civil Engineering, CSULB

CERTIFICATION
FEMA University Project
Specialty, 2008

RELEVANT EXPERIENCE
SANDAG Poinsettia Train Station, Carlsbad, CA
Office Engineer: This project includes renovation of the existing station with modifications to passenger platforms, installation of fencing, replacement of existing at grade rail crossings, grade separation and new railroad tracks. The platform will be raised and lengthened to accommodate longer trains and include stairways and ramp on both sides of the tracks to ADA conformance. The station will have new shelters, signage and updated lighting. His responsibilities include: management of document control, material records, test results, diaries, photo logs, RFIs Change orders, coordination of meetings and collaboration with NCTD, SANDAG, Caltrans, FHWA. Project Cost: $22M.

SANDAG Encinitas Coastal Rail Trail Improvement Project, Solana Beach, CA Office Engineer: This project includes an extension of the Coastal Rail Trail which includes the installation of new bikeway and pedestrian trail in the city of Encinitas. The Coastal Rail Trail is a 44-mile system of planned bike facilities between the cities of Oceanside and San Diego. The restoration is on 10-miles of this trail. Abel was responsible for the setup and management of the recordkeeping system and daily contract administration. His responsibilities include: management of document control, material records, test results, diaries, photo logs, RFIs Change orders, coordination of meetings and collaboration with NCTD, SANDAG, Caltrans, FHWA. Project Cost: $4.5M.

AC Overlay on Various Streets - City of Moorpark and Caltrans District 7, Moorpark, CA Office Engineer: This Federally-Funded project consisted of major roads grind and overlay asphalt paving, curb ramps, materials testing, surveying and electrical. Duties included, but were not limited to, preparing and maintaining project files; performing document control; creating and updating correspondence logs; preparing and updating submittal logs; maintaining submittals logs, RFI logs, CCO logs, and testing logs; preparing progress reports; assisting the Resident Engineer with reviewing CCO and pay estimate requests; collecting inspector reports and quantities; and verifying the contractor’s certified payroll. Project Cost: $500K..

Firestone Blvd Bridge Widening over Los Angeles River, South Gate, CA Office Engineer/Labor Compliance: Mr. Moreno serves as an office engineer on the City of South Gate's Firestone Blvd Bridge over the Los Angeles River. The project includes traffic control in phased construction, bridge widening, pile foundation, roadway widening, asphalt concrete, PCC, SWPPP, landscape, irrigation, traffic signal modifications, traffic striping and sidewalk. Mr.

Moreno's duties include document control, coordination, meeting minutes, contract administration, and labor compliance interviews.

Project Cost: $8M.

City of Highland/Redlands Corridor Bike Route Project - PS&E Utility Coordinator: Mr. Moreno serves as a utility coordinator for the Highland Redlands Corridor (bike) project. This project provides connectivity between Highland and Redlands across the Santa Ana River. Abel is conducting utility research, conduct field walk downs, and will be establishing a utility matrix of the utilities within the project limits. He is working close with AT&T, SCG, SCE, Charter, Time Warner for possible protect-in-place or necessary relocations for improvements. Project Cost: $2M.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

JUAN HERNANDEZ
Senior Biologist / Regulatory Specialist
Mr. Hernandez has more than 26 years of experience in biology, regulatory permitting, environmental review, project management, and five years in business administration. Mr. Hernandez worked for the California Department of Fish and Wildlife as a marine biologist and environmental scientist and several private environmental consulting firms before establishing Hernandez Environmental Services in early 2014. He has managed a broad spectrum of development and mine reclamation projects assisting clients in obtaining necessary environmental and regulatory compliance approvals from city, county, state, and federal agencies. As an employee with the California Department of Fish and Game, Mr. Hernandez was responsible for administering and implementing the Streambed Alteration Agreement Program for western San Bernardino and Riverside counties. He was in charge of issuing 1602 permits for projects that would have substantial impacts on State riparian resources. Mr. Hernandez gained valuable experience as a wetland delineator, and developed a unique understanding of the regulatory permitting process. Mr. Hernandez manages projects through the planning and regulatory permitting process. Mr. Hernandez performs biological assessments, jurisdictional delineations, compliance with the Western Riverside County Multiple Species Habitat Conservation Plan, managed sub consultants in air quality, traffic, noise, geotechnical, and cultural studies, and secured new contracts.

EDUCATION
B.A., Biology, California State University,
Humboldt

REGISTRATION
CDFW Environmental Scientist
Regulatory Specialist

RELEVANT EXPERIENCE
Brown Field Airport Runway Rehabilitation Project, Burrowing Owl Surveys, Biological Monitoring, and Regulatory Compliance, San Diego, CA
The Brown Field Airport Runway Rehabilitation Project consisted of the rehabilitation of the westernmost and easternmost portions of Runway 8L/26R. HES conducted 30-Day, 3-Day, and 24-Hour Surveillance Surveys for burrowing owl prior to the commencement of construction activities. HES also coordinated with CDFW and City staff on biological construction monitoring requirements. HES attended pre-construction meetings, advised City staff and construction personnel on the presence of biological resources within the project areas, and prepared Pre-construction Monitoring and Monitoring Reports for the project. Project Cost: $6 Million.

Rose Canyon Truck Sewer Joint Repair Project, Biological Resources Study; Jurisdictional Delineation; Regulatory Strategy, San Diego, CA
The Rose Canyon Trunk Sewer Joint Repair Project proposes to repair approximately 4.5 miles of the 4.7-mile long trunk sewer.

HES prepared a Biological Resources Study and Jurisdictional/Wetland Delineation for the Rose Canyon Trunk Sewer Joint Repair Project. Advised City of San Diego Public Works Department staff on the potential requirements for the USACE Section 404 Permit, CDFW Section 1602 Streambed Alteration Agreement, and RWQCB Section 401 Water Quality Certification permitting process.

Project Cost: $10 Million.

Sewer Group Job 787 Emergency Point Repair Project, Biological Monitoring and Nesting Bird Surveys, San Diego, CA The Sewer Group Job 787 consisted of the emergency replacement of a broken pipeline encasement located within an unnamed drainage, HES conducted Biological Monitoring and Nesting Brid Surveys for the Sewer Group 787 Emergency Point Repair Project.

HES also attended pre-construction meetings, advised City staff and construction personnel on the presence of biological resources within the project area and requirements of the MMRP, and prepared Pre-construction Monitoring and Final Monitoring Reports for the Project. Project Cost: $2 Million.

Sewer and Water Group Job 694, Biological Monitoring and Nesting Bird Surveys San Diego, CA Sewer and Water Group Job 694 consisted of the replacement of several sections of existing sewer mains; installation of new sewer main; rehabilitation of existing sewer main; and installation of curb ramps, pavement resurfacing, and all other incidental work and appurtenances. HES conducted Biological Monitoring and Nesting Bird Surveys for the Sewer and Water Group Job 694 in compliance with the MMRP prepared for the Project. Project Cost: $2 Million.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

JOSEFA SALINAS
Public Outreach Specialist
Josefa Salinas has worked in the community and public relations industry for over 24 years and has held several highly visible, responsible positions in the community, government and media relations in Los Angeles County. As an expert in media relations and strategic planning, she leads client projects in strategic communications, marketing, government relations, media outreach and civic engagement. Josefa is skilled in “big-picture” outreach strategy as well as on-the-ground implementation. She is creative, innovative, and goal-oriented, and she makes client satisfaction her priority. She currently serves as the President of the LA Public Library Commission and has strong relationships with LA City Council districts and public officials from local to congressional members on both the national and state levels. Josefa currently serves the Los Angeles community as the Community Affairs Director at HOT 92.3 radio station and previously served as Power 106 Community Outreach Consultant and On Air Personality.

Josefa is a graduate of the non-partisan, non-profit HOPE Leadership Institute, serves on many boards and councils, founder of a non-profit organization and is considered to be a true leader in the community.

EDUCATION
BA, Political Science &
Psychology, University of
Michigan

CERTIFICATION
President of the LA Public
Library Commission
U.S. President's Volunteer
Service Award

RELEVANT EXPERIENCE
LACMTA - Universal City Pedestrian Overcrossing, Universal City, CA Public Outreach: Josefa provided public outreach services as a Construction Liaison Representative for the LACMTA Universal City Pedestrian Bridge Overcrossing Design Build Project at the entrance to Universal Studios. Duties included, but were not limited to: Creating messaging and marketing materials to LA Metro and Griffith Company for distribution to the project, community and agency stakeholders. Josefa has coordinated and communication at city council and community neighborhood council meetings to proactively inform the community of the project elements, schedule, phasing, mitigations to minimize impacting the environment.

Participated in contractor weekly meetings and with Metro Media staff.

Project Cost: $25M.

City of Indio Andrew Jackson Safety Improvement Project (SRTS), Indio, CA Community Affairs Director/Public Outreach: Josefa is our Community Affairs Director and provides public outreach and community meeting developments for this project. She is currently preparing the community outreach meetings, documentation, distributions and response to comments during the PAED/PS&E phases of the project. She will be coordinating events, community meetings and managing our public outreach staff, notifying all stakeholders, property owners through distributions, phone calls, emails and person to person communications in both English and in Spanish.

Project Cost: $20M.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 FARZAD TASBIHGOO, PhD, PE, CQA, CWI, PCI III (SMR)
Public Relations & Community Affairs Director
Farzad is a registered civil engineer with the State of California, Certified Weld Inspector (CWI), and Certified Quality Auditor (CQA) with American Society for Quality (ASQ) with about 19 years of work experience in design, structure construction, and QC/QA on public transportation projects. He has a strong engineering design background with extensive experience in verification inspection, surveillance audits, and quality assurance services. He has assisted numerous local agencies in the design and construction of their public projects. He has developed and implemented QMP, SIQMP, and construction QC/QA specifications on numerous projects. Farzad has a well-earned reputation for his knowledge of Caltrans Standard Specifications and Greenbook specifications within Caltrans METS, District, and Structure Construction. He has extensive working knowledge of welding codes (AWS), weld inspection, and steel fabrication with railroad code (AREMA). He assisted Caltrans steel committee in implementing Electroslag Welding (ESW) requirements in one the first Caltrans projects utilizing ESW in District 8.

EDUCATION
PhD, Civil Engineering
M.S., Structural Engineering
B.S., Civil Engineering

CERTIFICATION
Licensed Professional Engineer
(Civil) California # C71403
AWS CWI #11081291
ACI #1226819
ASQ CQA #67819
PCI III #14342
SDSW Evaluator ID 64449

RELEVANT EXPERIENCE
Sierra Highway Pedestrian Bridge Project, City Santa Clarita, CA Senior Quality Engineer: This project was construction of a steel pedestrian bridge over Sierra Highway, including the associated approach ramps. Farzad was the project Quality Material Engineer supporting City in the development and implementation of Source Inspection Quality Management Plan. He assisted City in the steel bridge quality verification in the fabrication and field erection stages. He assisted City in reviewing of numerous submittals, RFIs, and CCOs. He supported the project PM in preparing, negotiating, and closing various CCOs regarding structural steel fabrication. Project Cost: $3M.

Monte Vista Grade Separation Project, San Bernardino County Transportation Authority, CA Senior Quality Engineer: The project construction was to replace the at-grade Monte Vista Avenue and UPRR railroad tracks with an overpass in City of Montclair, CA. Farzad was project SMR who managed QA inspection for about 54,000 SF of MSE precast panels (about 2,200 precast panels) and 27 precast prestressed post-tension bulb tee I girders. He reviewed fabrication submittals, such as PCQCPs, Shop Drawings, and Concrete Mix Designs. He held prefabrication meetings and coordinated inspection of precast items. He worked closely with the QA Inspector to address all of the issues and challenges that arose during the fabrication. Project Cost: $10M.

North At Water Non-Motorized Multimodal Bridge Project, City of Los Angeles, CA Senior Quality Engineer: This project was construction of a cable-stayed steel bridge spanning over LA River supported on single pier for pedestrian/cyclists, and equestrians. Farzad provided steel fabrication support. He reviewed all of steel fabrication submittals such as shop drawings, welding quality control plan, and distortion plan. He developed the QC/QA inspection testing frequencies and specified NDT methods for welding verification. He reviewed welding reports, materials test results, NDT reports, and addressed numerous RFIs regarding the steel fabrication. He worked closely with the Designer, CM, City, and Fabricator QCM to resolve welding and fabrication challenges. Project Cost: $10M.

I-10 & Jefferson Street Interchange Project, County of Riverside Transportation Authority, CA Senior Quality Engineer: Project construction consisted of demolishing the existing bridge and northbound Indio Boulevard overcrossing and was replaced with a six-lane bridge. The bridge was complete with bicycle lanes on each side and sidewalks on northbound side of Jefferson Street at I-10. Farzad was the project SMR and supported the CM Team. He prepared the project SIQMP for Caltrans Oversight SMR, reviewed fabricators precast quality control plans for MSE walls, performed material engineering and quality assessment of fabrication. Coordinated and managed source fabrication items such as welded hoops, epoxy coated bars, MSE precast panels, overhead sign structures, light poles, electrical components, and more. Project Cost: $56M.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

TAMER KHALIL
Material Technician
Mr. Khalil has over 15 years of experience as a Material Technician with experience in the field and in the laboratory. He is an ICC Grading Special Inspector, ICC Reinforced Concrete Special Inspector, ACI, Caltrans Certified. Mr. Khalil has also provided continuous soils observations and testing for various transportation, residential, commercial, and industrial projects. His duties include, but are not limited to density testing of pad subgrade and trench backfil, verifying relative compaction of soil and asphalt, verifying moisture condition of soil, verifying that the soil being used is suitable for its intended purpose and ensuring materials being used are per the latest plans and specifications.

CERTIFICATION

ICC, ACI, CTS, CSLB

RELEVANT EXPERIENCE
Garretson Emergency Generator Pad Project City Of Corona, CA Material Technician: includes geotechnical, special inspection, and material laboratory testing. The geotechnical work includes part time field observation and density testing of pad subgrade and trench backfill. The special inspection and material testing, includes concrete, welding, and anchor bolts for establishing a Pad for an emergency generator at the Garretson blend station.

Project Cost: $600K.

CDBG CIP Project No. Z10063, City of Lake Elsinore, CA
Material Technician: This project is funded via CDBG grant. This Project includes the construction of ADA Compliant PCC sidewalk, Curb & Gutter, Cross Gutter, Driveway and Curb Ramps, Slurry Seal and Grinding and Resurfacing. Appurtenant and other related work includes adjusting manhole to grade, minor grading of the back of sidewalk and some complete R&R sections. our scope included grading observation and testing, sampling of soils, base, Concrete, AC and slurry. Project Cost: $700K.

Line 52 Storm Drain, City of Corona, CA
Material Technician: Field observation and testing, Managing Scheduling, attending pre-construction and progress meetings and providing onsite geotechnical Support during the construction of 36-96-inch RCP Storm Drain. The projected consisted of the installation of Riverside County Flood Control Line 52 Located on Joy St. from the Temescal Channel to 3rd And Grand St in the City of Corona. With Approximately 3000LF of Storm drain ranging from 36-96-inch RCP, the project also Side walk, Curb & Cutter and AC paving. Project Cost: $7M.
3rd Street Storm drain project, City Of lake Elsinore, CA Material Technician: The project is part of a master drainage facility that will provide flood protection to the “existing Third Street channel watershed and adjacent properties”. It will convey storm water and urban runoff from a flood control basin at the east end of Welch Avenue through 96” reinforced concrete pipe (RCP) that leads west to Conard Ave., southeast along Conard to 3rd Street and southwest along 3rd Street to a reinforced concrete box (RCB) under Collier Avenue after crossing west under the I-15 freeway, a total distance of 0.85 miles or 4,488 feet. However, the current extent of the project is from the lateral connection at Cambern Ave. west to 3rd Street and Collier. Project Cost: $4M.

Camino Del Norte Street Improvement, City Of Lake Elsinore, CA Material Technician: The project scope is the development of roughly 5,000 LF of new improvement on Camino Del Norte and extending to Canyon Estates Drive to the East roughly 550 LF and Franklin Street to the South of roughly 650 LF and roughly 200 LF on Canyon View Drive and approximately 100 LF onto Sagecrest Drive. Improvement entails the installation of a two-way road, fully equipped with Storm Drains curb and gutter, sidewalks and street Asphalt pavement section. The grading involved in this project is very intense, with fills up to 34 vertical feet. With 16 Storm drain crossings, ranging from 18” to 42” RCP along with the headwalls at the inlets and outlets and installation of riprap systems. Project Cost: $5M.

City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761

APPENDIX A

DBE CERTIFICATION
City of Lake Elsinore ‐ Proposal for Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project; City Project No. Z10017

UCP Web Application - ListDocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 Skip to Main Content Back To Query Form
Search Returned 1 Records
Thu Sep 17 12:58:08 PDT 2020
Query Criteria
Certification Types: DBE
Firm ID: 46140
 §
Firm ID 46140
DBA Name
Firm Name
Address Line1
Address Line2
City
FCG CONSULTANTS INC.
22885 SAVI RANCH PARKWAY

SUITE G

YORBA LINDA
CAState
Zip Code1 92887
Zip Code2 4659
Mailing Address
Line1
Mailing Address
Line2
Mailing City
Mailing State
Mailing Zip Code1
Mailing Zip Code2
Certification Type DBE
EMail [email protected]
Contact Name
Area Code
Phone Number
Extension

MAHA ALFAKOURI
714
312-0317
Alt Area Code 714
Alt Phone Number883-8068
Extension
Fax Area Code
Fax Phone
Number
714
312-0793
Agency Name
Counties

DEPARTMENT OF TRANSPORTATION
19; 30; 33; 36; 37; 56;
07; 08; 11; 12;Districts

DBE NAICS

ACDBE NAICS
Work Codes
Licenses
541611;
C8700 CONSULTANT, NON ENGINEERING;
Trucks
Gender F
Ethnicity CAUCASIAN
DBEFirm Type
https://ucp.dot.ca.gov/querySubmit.htm[9/17/2020 12:58:48 PM]

UCP Web Application - ListDocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 Skip to Main Content Back To Query Form
Search Returned 1 Records
Thu Sep 17 12:55:59 PDT 2020
Query Criteria
Certification Types: DBE
Firm Name: rt engineering & associates, inc
 §
Firm ID 40430
DBA Name
Firm Name
Address Line1
Address Line2
City
RT ENGINEERING & ASSOCIATES, INC.

RT ENGINEERING & ASSOCIATES, INC.
1901 1ST AVENUE, SUITE 217G

SAN DIEGO
CAState
Zip Code1
Zip Code2
Mailing Address
Line1
92101
1901 1ST AVENUE, SUITE 217G
Mailing Address
Line2
Mailing City
Mailing State

SAN DIEGO
CA
Mailing Zip Code1 92101
Mailing Zip Code2
Certification Type DBE
EMail [email protected]
Contact Name
Area Code

REGINA MICHELE STEVENS
909
Phone Number
Extension
855-1807
Alt Area Code
Alt Phone Number
Extension
Fax Area Code
Fax Phone
909
763-3194Number
Agency Name
Counties

LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) 19; 30; 33; 36; 37; 40;
05; 07; 08; 11; 12;Districts

DBE NAICS

ACDBE NAICS
541330; 541618; 541620;
C8710 ENGINEERING; C8715 CONSULTANT, ENGINEERING; C8713 CONSULTANT, ENVIRONMENTAL; C8714 CONSULTANT, PROJECT MANAGEMENT/ BUSINESS ADMIN;
EC Civil Engineer;
Work Codes
Licenses
Trucks
Gender F
Ethnicity
Firm Type

HISPANIC
DBE
https://ucp.dot.ca.gov/querySubmit.htm[9/17/2020 12:57:16 PM]

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 Trusted Partner
for
Construction
Management
and Inspection
Services
Grade Separations
Railroad
Transit
Highways
Freeways
Bridges
Water Lines
Sewer Lines
Wastewater
Street Lighting
Signalized Intersections
Fiber Optics
Landscape
Hardscape
Striping
SWPPP
Capital Improvements
Public Works
Transportation
Design‐Build
CMGC
22885 Savi Ranch Parkway, Suite G
Yorba Linda, California 92887
Tele | 714.312.0317
Fax | 714.312.0793
www.fcgconsultants.com
Ports
Airports
School Districts

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 FCG Consultants Inc. - DBE City of Lake Elsinore
Construction Management & Inspection Services
Revised Cost Proposal - October 6, 2020 CM & Inspection for Main St. Interchange Improvement Project Classification Hours Hourly Rate Cost
Pre-construction Phase (5 Working Days)
Resident Engineer - FCG 80
40 40
20 $
$
$
$
187.05
168.53

89.88 $
$
$
$
14,964.38
6,741.00
3,595.20
1,617.84
Structures Representative - RTEA
Public Outreach Officer - RTEA
Office Engineer - RTEA 80.89
Subtotal (FCG Only) 180 $ 14,964.38
Construction Phase (10 Months)
Resident Engineer - FCG 600
1720
160
$
$
$
$
$
$
$
187.05
124.70
124.70
168.53

89.88 $
$
$
$
$
$
$
112,232.84
214,489.42
19,952.50
40,446.00
17,976.00
69,567.12
116,288.00
Construction Inspector - FCG
Electrical Inspector - FCG
Structures Representative - RTEA
Public Outreach Officer - RTEA
Office Engineer - RTEA
240
200
860 80.89
Field Inspector - Geo-Mat 1150 101.12
Subtotal (FCG Only) 3,780 $ 346,674.76
Post-Construction Phase (10 Working Days)
Resident Engineer - FCG 80
40 40
$
$
$
187.05
168.53

80.89 $
$
$
14,964.38
6,741.00
3,235.68
Structures Representative - RTEA
Office Engineer - RTEA
Subtotal (FCG Only) 160 $ 14,964.38
Misc. Expenses
Vehicles
Months
10 Monthly Cost Total
$
$
$
$
$
-
-
-
-
-
$
$
$
$
$
-
-
-
-
-
Labtops 10
Cell Phones
Office Supplies
Field Office
10 10
10 Subtotal (FCG Only) $
$
-
DBE %
FCG Total 50.65% 376,603.51
Subconsultants
DBE %

RTEA - DBE
Geo - Mat
Geo - Mat
Surveying
ZTC
Project Support
Materials Testing
Field Inspection
QA Surveying

20.16% $
$
$
$
$
$
$
$
149,919.84
30,516.00
116,288.00
20,000.00
39,714.00
10,450.00
366,887.84
743,491.35
Source Inspection
Envi. MonitoringHES
Subtotal
Total Cost (NOT TO EXCEED)

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 EXHIBIT 10-H COST PROPOSAL
Specific Rate of Compensation (use for on-ceall or as-needed contracts) City of Lake Elsinore
Consultant or Subconsultant ___FCG_(Prime)__________________ Contract No. _________ Date _________ FRINGE
BENEFIT %

OVERHEAD
%+ + GENERAL ADMINISTRATION % = COMBINED%
NORMAL

OVERTIME
+
+
+
+
=
=
133.09%
133.09%
FEE % 7%

BILLING INFORMATION CALCULATION INFORMATION
Effective date of hourly rate Actual % or $
hourly rate³ increase
Name/Job
Title/Classification¹
Hourly Billing Rates² Hourly rate -
Straight
187.05
OT(1.5x) OT(2x)
374.11
From
5/25/20
1/1/21
1/1/22
1/1/23
5/25/20
1/1/21
1/1/22
1/1/23
To for classifications only
Resident Engineer $
$
$
$
$
$
$
$
$ 280.58
280.58
280.58
280.58
187.05
187.05
187.05
187.05
$
$
$
$
$
$
$
$
12/31/20
12/31/21
12/31/22
12/31/23
12/31/20
12/31/21
12/31/22
12/31/23
$ 75.00

75.00 75.00

75.00 50.00

50.00 50.00

50.00 187.05
187.05
187.05
124.70
124.70
124.70
124.70
$
$
$
$
$
$
$
374.11
374.11
374.11
249.41
249.41
249.41
249.41
$
$
$
$
$
$
$

0.00%

0.00%

0.00%
Construction Inspector
Civil / Electrical 0.00%

0.00%

0.00%

1. Names and classifications of consultant (key staff) team members must be listed. Provide sheets for prime and all subconsultant firms.

2. Billing rate = actual hourly rate * (1 + ICR) * (1 + Fee). Agreed upon billing rates are not adjustable for the term of the contract.

3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification.

Note:
● Denote all employees subject to prevailing wage with an asterisks (*)

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 October 6, 2020
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Subject: RT Engineering & Associates, Inc. (RTEA) Cost Proposal and Rates for RFP Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project, City Project #. Z10017 RT Engineering & Associates, Inc. (RTEA) is pleased to submit the attached cost proposal and rates for RFP Construction Management Services, and Construction Surveying for the Main Street Interchange Improvement Project, City Project #. Z10017.

DBE Status: RT Engineering & Associates is a certified Disadvantaged Business Enterprise. CUCP Certification No. 40430.

We look forward to continuing our successful partnership on this new contract. I may be contacted at (909) 855-1807 or [email protected].

Kind regards,
Regina M. Talamantez, CEO/President
RT Engineering & Associates, Inc.

Attachment(s):

RTEA Cost Proposal
RTEA Rates for City of Lake Elsinore
Program Management ~ Project Management ~ Construction Management ~ Environmental ~ Public Outreach Executive Headquarters:
1901 First Avenue, Suite 217G
San Diego, CA 92101
Inland Empire Office:
202 E. Airport Dr #140
San Bernaardino, CA 92408
(909) 763-3194(619) 255-7287
Email: [email protected]

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 RTEA - DBE City of Lake Elsinore
Construction Management & Inspection Services
Revised Cost Proposal - October 6, 2020 CM & Inspection for Main St. Interchange Improvement Project Classification Hours Hourly Rate Cost
Pre-construction Phase (5 Working Days)
Structures Representative - RTEA
Public Outreach Officer - RTEA
Office Engineer - RTEA
40 40
20 $
$
$
168.53

89.88 80.89
$
$
$
6,741.00
3,595.20
1,617.84
Subtotal (FCG Only) 100 $ 11,954.04
Construction Phase (10 Months)
Structures Representative - RTEA
Public Outreach Officer - RTEA
Office Engineer - RTEA
240
200
860
$
$
$
168.53

89.88 80.89
$
$
$
40,446.00
17,976.00
69,567.12
Subtotal (RTEA Only) 1,300 $ 127,989.12
Post-Construction Phase (10 Working Days)
Structures Representative - RTEA
Office Engineer - RTEA
40 40
$
$
168.53

80.89 $
$
6,741.00
3,235.68
Subtotal (FCG Only) 80 $ 9,976.68
Subconsultants

RTEA - DBE
DBE %
Project Support 20.16% $
$
149,919.84
149,919.84Total Cost (NOT TO EXCEED)

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 GeoMat Testing Laboratories, Inc.

Soil Engineering, Environmental Engineering, Materials Testing, Geology October 2, 2020
Project No. 20246-01
Caltrans Certified, Lab No. 562
City of Los Angeles Certified, Lab No. 10217
AASHTO and ASTM Certified
TO: FCG Consultants
Engineering Department
22885 Savi Ranch Pkwy Suite G,
Yorba Linda, California 92887
ATTENTION: Mr. Abdallah Fakhouri, P.E.

SUBJECT: Response to RFP and Fee for Professional Geotechnical, Material testing and inspection Services, Main Street Interchange Project Z10017.

GeoMat Testing Laboratories, Inc. appreciates the opportunity to provide the FCG and the City of Lake Elsinore with complete geotechnical and material testing and inspection services per the subject RFP.

We are committed to providing FCG and the City of Lake Elsinore with high quality services in a timely and cost efficient manner. GeoMat will provide the following services for on this project:
• Field Inspection Services: Mr. Tamer Khalil will perform field inspection on materials placement such as subgrade, subbase, HMA, and Concrete. Mr. Khalil will provide daily reports to the Resident Engineer.
• Materials Sampling and Testing; GeoMat will deploy laboratory technicians (not Tamer Khalil) to perform the necessary sampling of materials, batch plant inspection, field testing of materials, and laboratory testing per the project special provisions and proper standards.

Our firm is fully staffed and carries professional/general liability insurance, auto, and workman compensation insurance. Our certified laboratory and well qualified local professional and technical staff will assure that an exceptional level of service is provided to the project team.

With our vast experience, local presence, and low overhead you can expect quality service at reasonable rate. Our capabilities, project experience, resumes, and references. Mr. Tamer Khalil, P.M. is the contact at GeoMat Testing Laboratories, Inc. and will be our field construction inspector for this project. Mr. Khalil Has been certified with Caltrans for the past 10 years, carries ICC and grading special inspection cert, ACI Field Grade I and a General Engineering license (A). His contact information is as follows:

Email [email protected]
Phone (951) 688-5400 or (909) 913-3024
We look forward to work with you on this important contract. Should you have any questions or need further information, please do not hesitate to call this office.

Submitted for GeoMat Testing Laboratories, Inc.

Tamer Khalil,
Project Manager
9980 Indiana Avenue ● Suite 14 ● Riverside ● California ● 92503 ● Ph (951) 688-5400 ● Fax (951) 688-5200 www.geomatlabs.com, email: [email protected]

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 City of Lake Elsinore
Main Street Interchange. Z10017
Project No. 20246-01
Oct 05, 2020
COST ESTIMATE:

ITEM UNIT
Hr.

QUANTITY
900
RATE COST ($)

FIELD INSPECTION
Field Construction Inspector – Inspection and
Quality Assurance of Materials Placement of
Subgrade; Subbase; HMA, and Concrete.
101.12 $91,008.00

FIELD SAMPLING & TESTING AND LABORATORY TESTING
Project Engineer and Management for Reviews
Field Material Sampling & Testing
Percent Crushed Particles (CT205)
Specific Gravity/Absorption Coarse Agg
(CT206)
Hr.

Hr.

Ea.

Ea.
50 200
12 110.00
101.12
150.00
150.00
$5,500.00
$20,224.00
$1,800.00
$1,800.0012
Specific Gravity/Absorption Fine Agg (CT207)
Abrasion Soils/Agg (CT211)
Relative Compaction Soils/Base (CT216)
Sand Equivalent (CT 217)
Moisture Content Soil/Agg Oven (CT 226)
Cleanness Of Agg (CT 227)
Durability Index (CT 229)
AC Extraction
AC Density (CT308)
AC Maximum Density (CT309)
Concrete Compressive Strength (CT501)
Mobile Lab
Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Ea.

Hr.
12 12
20 12
8 8
12 8
25 6
76 1,100
245.00
245.00
150.00
113.00
150.00
210.00
200.00
150.00
150.00
150.00

50.00 $2,940.00
$2,940.00
$3,000.00
$1,356.00
$1,200.00
$1,680.00
$2,400.00
$1,200.00
$3,750.00
$900.00
$3,800.00
$5,500.005.00
TOTAL COST $147,248.00
GeoMat Testing Laboratories, Inc.

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 EXHIBIT 10-H COST PROPOSAL
Specific Rate of Compensation (use for on-call or as-needed contracts) City of Lake Elsinore
Consultant or Subconsultant ___RTEA_(Subconsultant)__________________ Contract No. _________ Date _October 6, 2020________ FRINGE
BENEFIT %

OVERHEAD
%+ + GENERAL ADMINISTRATION % = COMBINED%
NORMAL

OVERTIME
+
+
+
+
=
=
110.00%
110.00%
FEE % 7%

BILLING INFORMATION
Name/Job Title/Classification¹
Utility Coordinator

CALCULATION INFORMATION
Effective date of hourly rate Actual % or $
hourly rate³ increase
Hourly Billing Rates² Hourly rate -
Straight
168.53
OT(1.5x) OT(2x)
337.05
From
10/6/20
1/1/21
1/1/22
1/1/23
To for classifications only
$
$
$
$
$
$
$
$
$
$
$
$
$ 252.79
252.79
252.79
252.79
134.82
134.82
134.82
134.82
121.34
121.34
121.34
121.34
$
$
$
$
$
$
$
$
$
$
$
$
12/31/20
12/31/21
12/31/22
12/31/23
$ 75.00

75.00 75.00

75.00 40.00

40.00 40.00

40.00 36.00

36.00 36.00

36.00 168.53
168.53
168.53

89.88 89.88

89.88 89.88

80.89 80.89

80.89 80.89
$
$
$
$
$
$
$
$
$
$
$
337.05
337.05
337.05
179.76
179.76
179.76
179.76
161.78
161.78
161.78
161.78
$
$
$
$
$
$
$
$
$
$
$

0.00%

0.00%

0.00%
Public Outreach Officer
Office Engineer
10/6/20
1/1/21
1/1/22
1/1/23
10/6/20
1/1/21
1/1/22
1/1/23
12/31/20
12/31/21
12/31/22
12/31/23
12/31/20
12/31/21
12/31/22
12/31/23

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

1. Names and classifications of consultant (key staff) team members must be listed. Provide sheets for prime and all subconsultant firms.

2. Billing rate = actual hourly rate * (1 + ICR) * (1 + Fee). Agreed upon billing rates are not adjustable for the term of the contract.

3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification.

Note:
● Denote all employees subject to prevailing wage with an asterisks (*)

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 EXHIBIT 10-H COST PROPOSAL
Specific Rate of Compensation (use for on-call or as-needed contracts) City of Lake Elsinore
Consultant or Subconsultant ___Geo-Mat_(Subconsultant)__________________ Contract No. _________ Date _October 6, 2020________ FRINGE
BENEFIT %

OVERHEAD
%+ + GENERAL ADMINISTRATION % = COMBINED%
NORMAL

OVERTIME
+
+
+
+
=
=
110.00%
110.00%
FEE % 7%

BILLING INFORMATION
Name/Job Title/Classification¹
Construction Inspector

CALCULATION INFORMATION
Effective date of hourly rate Actual % or $
hourly rate³ increase
Hourly Billing Rates² Hourly rate -
Straight
101.12
OT(1.5x) OT(2x)
202.23
From
10/6/20
1/1/21
1/1/22
1/1/23
10/6/20
1/1/21
1/1/22
1/1/23
10/6/20
1/1/21
1/1/22
1/1/23
To for classifications only
$
$
$
$
$
$
$
$
$
$
$
$
$ 151.67
151.67
151.67
151.67
165.00
165.00
165.00
165.00
151.67
151.67
151.67
151.67
$
$
$
$
$
$
$
$
$
$
$
$
12/31/20
12/31/21
12/31/22
12/31/23
12/31/20
12/31/21
12/31/22
12/31/23
12/31/20
12/31/21
12/31/22
12/31/23
$ 45.00

45.00 45.00

45.00 48.95

48.95 48.95

48.95 45.00

45.00 45.00

45.00 101.12
101.12
101.12
110.00
110.00
110.00
110.00
101.12
101.12
101.12
101.12
$
$
$
$
$
$
$
$
$
$
$
202.23
202.23
202.23
219.99
219.99
219.99
219.99
202.23
202.23
202.23
202.23
$
$
$
$
$
$
$
$
$
$
$

0.00%

0.00%

0.00%
Project Engineer
Field Technician

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

1. Names and classifications of consultant (key staff) team members must be listed. Provide sheets for prime and all subconsultant firms.

2. Billing rate = actual hourly rate * (1 + ICR) * (1 + Fee). Agreed upon billing rates are not adjustable for the term of the contract.

3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification.

Note:
● Denote all employees subject to prevailing wage with an asterisks (*)

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761 October 05, 2020
A.B. Fakhouri. PE
Resident Engineer
FCG
22885 Savi Ranch Parkway, Suite G
Yorba Linda, CA 92887
Subject: Hernandez Environmental Services (HES) Environmental Commitments for Biological Resources Main Street Interchange Improvement Project, City of Lake Elsinore, CA
Mr. Fakhouri:

The following are the biological environmental commitments for the Main Street Interchange Improvement Project, in the City of Lake Elsinore, Riverside County, California. These environmental commitments were obtained and are referenced on page 82 of the City of Lake Elsinore Public Works Department Special Provisions for Construction on State Highway in Lake Elsinore in Riverside County Street and Ramp Widening at I-15/Main Street Interchange.

The project is within or near habitat for the following regulated species:

Coastal California Gnatcatcher
Burrowing Owl
Nesting Birds
To avoid any potential impact to these species, HES will implement the following measures:

Task 1. A pre-construction survey within 3 days prior to ground disturbance is mandatory in suit- able habitat areas for burrowing owl. A report presenting the results will be prepared.

Cost
HES anticipates a total of 30 hours to complete this task at a rate of $95.00 per hour. Total antic- ipated time and materials not to exceed cost: $2,850.00 Task 2. If feasible, project construction and all vegetation removal, including coastal sage scrub, should be completed outside of the general bird breeding season, that is inclusive of the coastal California gnatcatcher (February 15 – August 31). In the event that vegetation removal cannot be conducted outside of the coastal California gnatcatcher breeding season, focused surveys will be conducted by a qualified biologist three days prior to vegetation removal activities. Should nesting Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, CA 92530

DocuSign Envelope ID: B4AB5DC5-3A0A-431C-AD1E-6027FA52E761