Agenda packet — Lake Elsinore City Council, August 12, 2025 (part 2 of 5)

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:August 12, 2025
Subject:Agreement with Engineering Resources of Southern California, Inc. for Civil Engineering Services for the Graham Street Parking Lot Project Recommendation
Approve and authorize the City Manager to execute a professional Services Agreement with Engineering Resources of Southern California, Inc. in the amount of $62,085.00 for Civil Engineering Services for the Graham Street Parking Lot Project in such final form as approved by the City Attorney, approve and authorize the City Manager to change orders up to 10% of the agreement in an amount not to exceed $6,208.00, and approve and authorize the City Manager to accept the improvements into the City Maintained System and the City Clerk file the Notice of Completion with the County Recorder.

Background
Staff have engaged the services of Engineering Resources of Southern California Inc. (ERSC) to provide civil engineering design services to create an engineered parking lot next to the Chamber of Commerce building on Gram Street. ERSC will work to create additional parking, one block West of Main Street at East Graham Avenue and South Spring Street.

Graham Street Parking Lot

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Discussion
On June 30, 2025, ERSC proposed to the City a complete design for a new parking lot one block West of Main Street at East Graham Avenue and South Spring Street. After evaluating the submitted qualifications, Engineering Resources of Southern California, Inc. (ERSC) was selected due to their demonstrated expertise in civil engineering projects of similar scope and complexity. ERSC’s proposal offered a comprehensive approach thoroughly addressing all services necessary for successful parking lot design and construction documentation. In addition, ERSC’s understanding of parking lot functionality, amenity integration, and civil engineering cost management aligned well with the City’s objectives. Their portfolio includes notable municipal projects such as City Hall, Launch Pointe RV Resort, Public Works Trash Yard, and Library Street Parking Lot, highlighting ERSC’s extensive experience and willingness to work closely with City departments and various agencies, including the Lake Elsinore Municipal Water District and utility providers.

These required services are standard civil engineering services for the site development of the parking lot project and will include the civil engineering construction documentation needed to affect the complete parking lot development. These key tasks are included in the following:
•Grading Plan
•Water Quality Documents
•Layout parking stalls
•Layout site geometrics.
•Layout drainage concept
•Layout BMP location.
•Utility coordination
ERSC deliverable services will include the following major elements:
•Plans, Specifications, and Estimates for the parking lot and storm water runoff per City of Lake Elsinore requirements.
•Plans, Specifications, and Estimates for all utilities. •Design coordination and technical data for the Gas Company during their design effort. •Legal description and plat for sewer and utility easements.

Fiscal Impact
The new parking facility project is included in the Fiscal Year 2025–2026 to 2029–2030 Capital Improvement Plan (CIP).

Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
City Manager's Office
Attachment 1 - Agreement Page 1

AGREEMENT FOR PROFESSIONAL SERVICES

Engineering Resources of Southern California, Inc

Graham Street Parking Lot Design
This Agreement for Professional Services (the “Agreement”) is made and entered into as of August 12, 2025, by and between the City of Lake Elsinore, a municipal corporation ( ‘‘City") and Engineering Resources of Southern California, Inc, ("Consultant").

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

Graham Street Parking Lot Design
B. Consultant has submitted to City a proposal, dated June 30, 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 i n Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

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

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

Notwithstanding any provision of Consultant ’s Proposal to the contrary, out of pocket e xpenses 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 prom ptly 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 thei r references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement , and if necessary, shall replace him or her with a suitable worker.

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

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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request . City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third - party requests of C onsultant shall be immediately referred to C ity, 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 Cons ultant 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. Al l ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement . Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement . Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential . Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant ’s services are rendered, or any publicity pertaining to the Consultant ’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. T he 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 Co nsultant 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 ev ent 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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by this Agreement or any other source of income, interest in real property or investment which would be affect ed 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 properl y 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 bus iness licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

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

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

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

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant ’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage . Consultant shall m aintain 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 Insura nce in a form approved by the City Attorney.

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

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

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

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

Attn: Matt Brudin
1891 W. Redlands Blvd
Redlands CA 92373

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

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

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

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

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

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

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non- payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to compl y 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 part y 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 behal f 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 A greement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

[Signatures on next page]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation

Grant Yates, City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

Risk Manager

“CONSULTANT”
Engineering Resources of Southern
California, Inc.,

By: Matt Brudin, P.E.

Its: Principal

Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS

[ATTACHED]

Page | 1

REDLANDS | TEMECULA | PALM DESERT
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com

16007013P

June 30, 2025

Mr. Gus Papagolos, Project Manager
City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA 92530

GRAHAM AVENUE PARKING LOT – APN 374-262-013 & 018

Dear Gus:

Engineering Resources of Southern California, Inc. (ERSC), is pleased to provide this proposal for design and preparation of contract and supporting documents for a new parking lot located easterly of the Lake Elsinore Chamber of Commerce. ERSC understands that the City of Lake Elsinore intends to increase the public parking capacity for the near-by historic downtown Main Street and other amenities planned for the area. The City is currently in escrow to purchase the property adjacent to the Chamber of Commerce, at the intersection of W. Graham Aven ue and S. Spring Street . The property is located between W. Sulphur Street and W. Graham Avenue and occupies Assessor’s parcel 374 -262-013 and 374-262-018.

Existing surface features observed are limited and include commercial/retail buildings along the east edge, chain link fencing associated with Chamber of Commerce along the west edge , and limited vegetation (mature trees) scattered throughout the site. We are currently unaware of any utilities crossing the site and anticipate all utilities will be located within the public rights -of-way adjoining the site. In general, site grades are gentle and trend from the north to the south end of the property.

ERSC understands that th e city intends to maximize available parking at the site. In general, ERSC’s Scope of Work will include preparation of construction documents (plans and specifications), demolition plan, erosion control plan, engineer’s cost estimate, hydrology report, and a Water Quality Management Plan ( WQMP, per Santa Ana Regional Water Quality Con trol Board Order No. R8 -2010-0033). Unless disputed by the city, ERSC intends to use grading and pavement section recommendations from a similar nearby parking lot recently constructed south of Library Street and west of Main Street.

Based on public documents and a site visit, ERSC believes the project is constructable as envisioned by the city. However, there are certain issues that will affect how ERSC approaches the conceptual (30%) and final design of the proposed parking facility. These include concep tual design and water quality documentation. These issues are discussed in detail below.

CONCEPTUAL DESIGN – Based on public data, the site is 66.4 feet wide and 270 feet long. When contemplating the design of the parking lot, width of the parcel is a maj or consideration. At 66.4 feet it may be possible to design a facility with 90 -degree parking on both sides of a 20 -foot-wide drive aisle that supports one -way traffic. A layout with 90 -degree parking and a one -way, 20-foot-wide drive aisle

Page | 2

will include 5 -foot-wide buffer areas along the easterly and westerly sides and 18 -foot-deep parking stalls. The buffer areas will either be paved with stamped, colored concrete or utilized for water quality features.

The parking stall depth has been reduced by 2 feet to take advantage of available overhand into the landscape area. If the City feels this design is too limiting relative to the movement of the traveling public, the design will default to angled parking or parallel parking along both edges similar to the parking lot at City Park.

WATER QUALITY DOCUMENTS – The project is subject to the requirements of various water quality permits issued by the Santa Ana Regional Water Quality Control Board for construction activities and post-construction site management. These requirements include preparation of a Stormwater Pollution Prevention Plan (SWPPP) for construction activities and a Project Specific Water Quality Management Plan for prost construction site management. This site is not large enough to require preparation of a SWPPP but will require the development of an erosion control plan.

However, the site does require the preparation of a WQMP because the parking lot qualifies as a Priority Project as defined by the Guidance Document for the development of WQMP’s in this Santa Ana Region. Further, the required WQMP must meet the treat and release standards included in the Guidance Document due to its location in the watershed tributary to Lake Elsinore. This limits treatment options to bio -retention and has the potential to introduce a small pump station to the design pump station. If this is the case, ERSC will rely on Pacific Southwest Industries, a local vendor, to provide a package pump system for the discharge of treated runoff.

SCOPE OF WORK
ERSC expects the following to be necessary to achieve the desired result:

Existing Utilities and Boundary Research
o Acquire available public land records.
o Acquire available utility records.
o Commission preparation of a Preliminary Title Report. o Incorporate data into base sheet.

Boundary and Topographic Survey and Base Sheet
o Prepare office calculations and record boundary.
o Conduct boundary and topographic survey.
o Reduce survey data.
o Develop project base sheet.
o Prepare Water Rights Grant Deed.

30% Design Submittal:
o Conceptual parking lot layout.
 Layout parking stalls. Provide two alternatives
 Layout site geometrics based final design concept.
 Layout drainage concept.
 Size BMP and layout location.

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 Layout landscaped areas concept.
 Layout ingress/egress from/to the public right-of-way.  Begin layout of other site features.
o Demolition Plan, if needed.

60% Design Submittal:
o 60% drawings.
 Preliminary grading design.
• Title Sheet
• Notes and Details
• Grading and Drainage Plan
• Erosion Control Plan
• Utility Plan
 Advance plans to preliminary level of detail.
 Incorporate any comments.
o Preliminary Engineer’s Estimate.
o Preliminary Hydrology Report.
o Preliminary WQMP.
 Pump station design.

90% Design Submittal:
o 90% drawings (plans and specifications).
 Incorporate any modifications/comments.
o Engineer’s Estimate.
 Incorporate any modifications/comments.
o Hydrology Report.
 Incorporate any modifications/comments.
o WQMP.
 Incorporate any modifications/comments.

100% Submittal Deliverables:
o 100% Drawings: Plans, Specifications and Estimates.
 Incorporate any comments.
o Final Hydrology Report
 Incorporate any comments.
o Final WQMP
 Incorporate any comments.

Project Management and Meetings
o Coordinate design with City and outside agencies.
o Attend meetings as required.
 Prepare meeting agenda and minutes.
o Establish and manage project controls.

Page | 4

SCHEDULE
ERSC will provide a Project Schedule upon receipt of a notice-to-proceed.

FEE ESTIMATE
The fees and charges associated with the completion of the proposed Scope of Services are as follows:

Existing Utilities and Boundary Research ................................... $ 2,520 Boundary/Topographic Survey & Base Sheet ............................. $ 8,640 30% Submittal (Conceptual) ....................................................... $ 12,200 60% Submittal ............................................................................. $ 15,840 90% Submittal ............................................................................. $ 11,900 100% Submittal ........................................................................... $ 4,920 Project Management and Meetings ........................................... $ 2,880 Reimbursable Expenses .............................................................. $ 3.185 Total .................................................................................... $ 62,085

Please note, reimbursable expenses include the following fees:

Prelim Tile Reports ........................................................................... $2,185 Utility/Boundary Records ................................................................ $ 500 Misc – Printing, mileage ................................................................... $ 500

Exclusions to this proposal include a storm water pollution prevention plan, environmental documents, special studies, geotechnical engineering, traffic engineering, street plans, supplemental cross sections, traffic control plans, horizontal control plans, site and street light plans, water and sewer plans, design of domestic and landscape services, landscape architecture, architecture, coordination of dry utilities, coordination with regulatory agencies (i.e. CDFW, USACOE), regulatory permits, regulatory agency submittal fees, r/w dedication documents, permits and permit fees and post design services.

If you have any questions regarding this proposal, please give me a call at (909) 890-1255, x103 or email me at [email protected].

Respectfully yours,

Matt Brudin
Electronically signed 06.30.2025.

Matt Brudin, P.E.

Principal

MB/mb
13)
Agreement with Hester Roofing for the Fourth Floor Canopy Roofing on the New City Hall Project (CIP Project No. Z20006)
Approve and authorize the City Manager to execute an Agreement with Hester Roofing for fourth floor canopy roofing, bid set ‘G’, on the New City Hall Project (CIP Project #Z20006in an amount not-to-exceed $148,200.00 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $14,820.00 for construction uncertainties and adjustments, and authorize the City Clerk to file the notice of completion and return withheld retention to the contractor once the entire scope of work is complete.

Page 1 of 3 ends

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:August 12, 2025
Subject:Agreement with Hester Roofing for the Fourth Floor Canopy Roofing on the New City Hall Project (CIP Project No. Z20006)
Recommendations
Approve and authorize the City Manager to execute an Agreement with Hester Roofing for fourth floor canopy roofing, bid set ‘G’, on the New City Hall Project (CIP Project #Z20006in an amount not-to-exceed $148,200.00 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $14,820.00 for construction uncertainties and adjustments, and authorize the City Clerk to file the notice of completion and return withheld retention to the contractor once the entire scope of work is complete.

Background
Following in-depth consultations with the project architect and representatives from various construction trades to include product manufacturer representatives, consensus was reached regarding the fourth-floor steel canopy of the new City Hall. The collaborative assessment determined that enhanced protection for the steel roof was essential, particularly to preserve the structural integrity against weather exposure and premature deterioration. Additionally, there was a recognized opportunity to improve comfort level performance for the area below the canopy.

Discussion
To address these identified improvements, the installation of a thermoplastic polyolefin (TPO) water barrier roofing system is recommended. The TPO system would serve a dual purpose:
•Provide a highly effective water barrier to shield the steel canopy from moisture intrusion and environmental wear.
•Offer additional insulation benefits, thereby improving thermal comfort efficiency for the occupied spaces beneath the canopy.

City Hall – Hester Roofing

Page 2 of 3 ends

To fully evaluate this situation three contractors (Hester Roofing, SAS Construction, and Best Contractors) were invited to assess the requirements and provide a written proposal to accomplish the work. Both SAS Construction and Best Contractors did not choose to make a proposal. Hester Roofing provided several alternatives with a written full cost proposal of $148,200. The scope of work below was jointly developed by the architect, manufacturer representatives and staff:

Hester Roofing shall furnish all labor, materials, supervision, and equipment necessary to install a mechanically attached GAF EverGuard 60 Mil TPO roofing system over ½" Struct 1 plywood sheathing and ½" Polyiso barrier insulation board, in full compliance with the California Building Code, CAL/OSHA, and California prevailing wage laws.

Work to include the following:

1. Install ½" Struct 1 plywood sheathing over the existing metal deck, mechanically fastened per building code.

2. Install ½" EnergyGuard NH HD Polyiso cover board, mechanically fastened per manufacturer’s specifications.

3. Install one layer of GAF EverGuard 60 Mil TPO membrane, mechanically fastened per manufacturer requirements.

4. Hot air weld all seams and edges for a watertight seal.

5. Install 5" face, 24-gauge galvanized edge metal at all perimeter edges, mechanically fastened and stripped in per manufacturer’s details.

6. Fully adhere wall flashings with termination bars at the tops of all vertical surfaces per GAF details.

Inclusions:
•Provide all materials, labor, supervision, equipment, and tools to complete scope. •Full compliance with CAL/OSHA safety standards, including certified fall protection practices.
•All personnel compensated at California prevailing wage rates per applicable public works requirements.
•Maintain and submit certified payroll records in accordance with DIR requirements. •Daily cleanup and removal of all project-related debris. •Estimated project duration: 15 business days, weather permitting. •Includes 10-year workmanship warranty from completion date.

Approval of this contract will ensure the City Hall’s fourth-floor steel canopy is both protected and insulated in line with industry standards, supporting the City’s commitment to quality, longevity, and sustainability in its capital improvement projects.

Fiscal Impact
Funding costs are included in the Fiscal Year 2025/2026 – 2027/2030 Capital Improvement Plan (CIP) budget, CIP Project #Z20006.

City Hall – Hester Roofing

Page 3 of 3 ends

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
City Manager's Office

1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION

Hester Roofing
For the

City Hall
Canopy Roofing

CIP PROJECT NO. Z20006

This Agreement for Public Works Construction (“Agreement”) is made and entered into as of August 12, 2025 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Hester Roofing. (“Contractor”).

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

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

City Hall Conopy Roofing (the “Project”)

The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:

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

2. Compensation.

a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being one hundred forty eight thousand two hundred dollars and no cents ($148,200.00).

2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.

c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.

a. Contractor shall perform and complete all work within 45 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project.

b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.

c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents.

d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work.

3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:

a. The scope of the change in the work;

b. The amount of the adjustment to the contract price; and

c. The extent of the adjustment to the Schedule of Performance.

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

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

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

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to

4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.

a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.

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

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

iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.

5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood).

v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.

b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:

i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations.

ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.

c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of

6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530

With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530

If to Contractor: Hester Roofing
Attn: Jeff Hester
4026 Castle Pines Way
Corona, CA 92883

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

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

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

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

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

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

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

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

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

22. Prevailing Wages.

a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request.

8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.

c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor.

d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.

e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

[Signatures on next page]

9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Hester Roofing

City Manager

ATTEST:

By: Jeff Hester
Its: Owner

City Clerk

APPROVED AS TO FORM:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney

Assistant City Manager

EXHIBIT A

CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

Proposal for TPO Roofing System
Hester Roofing
4026 Castle Pines Way
Corona, CA 92883
Office: (951) 805-4705
CSLB #908215
State Fund Workers’ Comp #9095577
Project Scope: Installation of GAF EverGuard 60 Mil TPO Roofing System Total Contract Amount: $148,200.00
Scope of Work: TPO Roof System
Hester Roofing shall furnish all labor, materials, supervision, and equipment necessary to install a mechanically attached GAF EverGuard 60 Mil TPO roofing system over ½" Struct 1 plywood sheathing and ½" Polyiso barrier insulation board, in full compliance with the California Building Code, CAL/OSHA, and California prevailing wage laws.

Work to include the following:

1. Install ½" Struct 1 plywood sheathing over the existing metal deck, mechanically fastened per building code.

2. Install ½" EnergyGuard NH HD Polyiso cover board, mechanically fastened per manufacturer’s specifications.

3. Install one layer of GAF EverGuard 60 Mil TPO membrane, mechanically fastened per manufacturer requirements.

4. Hot air weld all seams and edges for a watertight seal.

5. Install 5" face, 24-gauge galvanized edge metal at all perimeter edges, mechanically fastened and stripped in per manufacturer’s details.

6. Fully adhere wall flashings with termination bars at the tops of all vertical surfaces per GAF details.

Inclusions
• Provide all materials, labor, supervision, equipment, and tools to complete scope.

• Full compliance with CAL/OSHA safety standards, including certified fall protection practices.
• All personnel compensated at California prevailing wage rates per applicable public works requirements.
• Maintain and submit certified payroll records in accordance with DIR requirements. • Daily cleanup and removal of all project-related debris. • Estimated project duration: 15 business days, weather permitting. • Includes 10-year workmanship warranty from completion date.

General Contractor Responsibilities
• Roof anchor points required for OSHA-compliant fall protection must be supplied and installed by the general contractor prior to start of roofing work. • Structural repairs, substrate replacement, or unforeseen deck conditions are excluded unless identified and approved via change order.

Payment Terms
Total Contract: $148,200.00

7. Initial Deposit – $50,000.00
Due upon contract signing. Secures project scheduling, mobilization, and initial material procurement.

8. Phase 1 Payment – $34,000.00
Due upon completion of plywood installation.

9. Phase 2 Payment – $34,000.00
Due upon completion of TPO roofing system installation on the upper canopy roof.

10. Final Payment – $30,200.00
Due upon completion of the lower canopy roof and final walkthrough, including any outstanding punch list items.

All invoices are payable within 10 calendar days of issuance.

Terms & Conditions
• All materials shall be as specified or equal in quality. • Work shall be performed in a substantial and workmanlike manner, following current industry standards and all manufacturer requirements.
• Changes to the scope will only be made by written change order and may affect the final price and/or timeline.
• Proposal assumes compliance with California Labor Code §1720, with all work performed under public works and prevailing wage requirements.

Jobsite Conditions & Limitations of Liability
• Hester Roofing shall not be held liable for any damage to the roofing system or associated work caused by other contractors, tradesmen, or unauthorized personnel after our work has been completed or while it is in progress. • Protection of Work: Once roofing materials are installed, it is the responsibility of the general contractor and/or owner to protect completed roofing areas from damage by other trades.
• Damage by Others: Any damage to the installed roofing system, components, or work area caused by other trades (e.g., HVAC, electrical, framing, plumbing, etc.) will not be covered under Hester Roofing’s warranty. Repairs required due to such damage will be billed separately.
• Access Control: Hester Roofing must be notified of all scheduled work by other trades that may require rooftop access. Unauthorized access or activity on the roof by others voids warranty coverage for affected areas.
• Inspection Before Final Walkthrough: A joint walkthrough inspection will be conducted upon completion of roofing work. Any damage discovered after this walkthrough will be presumed to have occurred post-completion and may require a change order for repair.

Acceptance of Proposal
The above prices, specifications, and conditions are satisfactory and are hereby accepted. Hester Roofing is authorized to proceed with the work as outlined.

Client Signature: ____________________________ Date: ___________________ Contractor Signature (Hester Roofing): _____________________ Date: __________

14)
License Agreement for Seasonal Sales Lot on Dexter Road Approve and authorize the City Manager to execute a License Agreement with ABC Tree Farms, LLC for the temporary seasonal use of the City-owned vacant and unimproved lot at 18614 Dexter Road for seasonal sales in such final form as approved by the City Attorney.

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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:August 12, 2025
Subject:License Agreement for Seasonal Sales Lot on Dexter Road Recommendation
Approve and authorize the City Manager to execute a License Agreement with ABC Tree Farms, LLC for the temporary seasonal use of the City-owned vacant and unimproved lot at 18614 Dexter Road for seasonal sales in such final form as approved by the City Attorney.

Background
The City-owned, vacant lot located at 18614 Dexter Avenue has been used for many years for seasonal sales such as pumpkins and Christmas trees. Traditionally, companies applied and paid for a Temporary Use Permit (TUP) to use the lot for up to 120 days. In 2015, the City initiated a more formal process for the use of this vacant lot. A Request for Proposals was issued for the license and temporary use of the property for seasonal sales purposes. The associated parcel numbers for the lot are 377040024, 257040024, and 237040024. A site map is provided in Exhibit B. These City parcels can only be used for temporary use since they may be needed for future Central Avenue interchange improvements.

On July 29, 2020, the City entered into a license agreement with ABC Tree Farms, LLC for three (3) years with an option for two additional one (1) year extensions. This agreement expired on June 30, 2023. The license agreement is limited to the use of the property for up to 120 days per year, which can be broken into different events, provided they meet all provisions of Chapter

17.200 Temporary Uses of the Lake Elsinore Municipal Code.

License Agreement for Seasonal Sales

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Discussion
In June 2025, the staff issued a Request for Proposals for those interested and qualified to use this City lot for seasonal sales. One proposal was received from ABC Tree Farms, LLC. ABC Tree Farms, LLC has been conducting seasonal sales on this Dexter lot since 2012 and has been operating retail Christmas Tree Sales Sites, Halloween Pumpkin Sales Sites, Summer Fun Zones, Fruit Stands, and Farmers Markets for over thirty years. The proposed uses by ABC Tree Farms include the following for 2025, with similar dates and uses in subsequent years:

Halloween Pumpkin Patch – September 8 through November 10, 2025. Hours of operation will be seven days a week. Sunday through Thursday from 10:00 a.m. to 9:00 p.m. and Friday and Saturdays from 10:00 a.m. to 10:00 p.m. Items that will be sold will be pumpkins, gourds, squash, corn, Halloween items, and décor. Anticipated attendance over 30 days is approximately 2500 people.

Christmas Tree Lot – November 10 through December 31, 2025. Hours of operation will be seven days a week from Thanksgiving to Christmas Eve, Sunday through Thursday from 10:00 a.m. to 9:00 p.m., with Friday and Saturdays from 9:00 a.m. to 9:30 p.m. Items that will be sold will be Christmas trees, wreaths, and garlands, and assorted Christmas Holiday Items. Anticipated attendance over the 30 days is approximately 1500 families.

ABC Tree Farms is required to obtain a Business License before execution of the license agreement and a Temporary Use Permit (TUP) before the establishment of each use, each year.

They will be responsible under the license agreement for the use of electricity and water, and maintenance of the lot. The Vendor is also responsible for the connectivity of both utilities, repairs, and any necessary permits. A license fee and cleaning deposit of $2,000 will be paid each year under the following schedule:

License Year 1: License Fee: $17,620.96
Security Deposit: $ 2,000.00
License Year 2: License Fee: $18,149.58
Security Deposit: $ 2,000.00
License Year 3: License Fee: $18,694.06
Security Deposit: $ 2,000.00
License Year 4: License Fee: $19,254.88
(If exercised) Security Deposit: $ 2,000.00
License Year 5: License Fee: $19,832.52
(If exercised) Security Deposit: $ 2,000.00
License Agreement for Seasonal Sales

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The site must be kept clean and free of debris and left in the same condition as found upon commencement of use. In addition, the ABC Tree Farms will be required to provide up to $1,000 in products free of charge to the City and up to $500 in products to be donated to a community group of the City's choice each year of the license agreement term. The term of the agreement is for three (3) years with an option for two additional one (1) year extensions at the sole discretion of the City. The license agreement is in Attachment 1.

Fiscal Impact
The proposed annual license fee to the City is $17,620.96 for the first year and increases 3% annually throughout the term, which will provide $54,464.60 to the City for the initial three-year term and up to $93,552.00 if the term is extended for the two one-year renewal terms.

Attachments
Attachment 1 - License Agreement
Exhibit A - Use Proposal
Exhibit B - Site Map
City Manager's Office

LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“License”) is entered into as of August 12, 2025 (“Effective Date”) between the City of Lake Elsinore, a California municipal corporation (“City), and ABC Tree Farms, LLC, an Oregon limited liability company (“Licensee”), with reference to the following facts:

A. City is the owner of certain real property located at 18614 Dexter Avenue, Lake Elsinore, California and further identified as APNs 377040024, 257040024, and 237040024 (“City Parcel”).

B. Licensee has requested use of the City Parcel as a seasonal sales lot (the “Event”) for up to 120 days per License Year (as defined herein).

C. City has agreed to provide to Licensee such a temporary license over the City Parcel, upon, and subject to the terms and conditions set forth in, this License Agreement.

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, City and Licensees agree as follows:

1. License Term. The term of the License shall commence on August 12, 2025 and expire on June 30, 2028 (the “License Term”). The License Term may be extended for two additional one (1) year extensions periods at the sole discretion of the City Manager. Except as otherwise specifically stated in this License, references to the “License Term” shall include the original License Term and any extension, renewal or holdover thereof. A “License Year” is a period of twelve (12) consecutive calendar months commencing on August 12 of each year.

2. Security Deposit and License Fee; Refund.
(a) Security Deposit and License Fee. From and after the Effective Date, Licensee shall pay to City during the License Term a Security Deposit and License Fee as provided herein, of which the License Fee shall be subject to a three percent (3%) annual increase. The annual License Fee and Security Deposit are comprised of the following sums:

License Year 1: License Fee: $17,620.96
Security Deposit: $2,000
License Year 2: License Fee: $18,149.58
Security Deposit: $2,000
License Year 3: License Fee: $18,694.06
Security Deposit: $2,000
2 License Year 4 License Fee: $19,254.88
(if exercised): Security Deposit: $2,000
License Year 5 License Fee: $19,832.52
(if exercised): Security Deposit: $2,000
Contemporaneously with the execution of this License and not later than September 1 of each License Year thereafter, Licensee shall deposit the above-referenced Security Deposit with the City to secure the faithful performance by Licensee all terms, covenants, and conditions of this License by Licensee to be kept and performed during the License Term, including, but not limited to the payment of the License Fee and performance of the maintenance obligation as set forth in Section 5. Promptly following the final Event of each License Year and if the Licensee has complied with the performance requirements set forth herein, the Security Deposit shall be refunded to the Licensee.

Contemporaneously with the execution of this License and upon the commencement of each License Year thereafter, Licensee shall pay the above-referenced License Fee, such License Fee to be paid in four equal installments on September 1, October 1, November 1 and December 1 of each License Year. (b) Refund. In the event that Licensee is precluded from holding the Event or is otherwise required to discontinue the Event due to an law, directive or such other lawful order issued by the City, the County of Riverside, or the State of California relating to the COVID-19 pandemic, Licensee shall be relieved of any further performance obligations under this License for the remainder of the License Year and Licensee shall be entitled to a refund, on a pro rate basis, of any pre-paid License Fee. Licensee shall also be relieved of additional installment payment(s) of the License Fee for that License Year. Promptly following the termination of the Event as provided herein and if the Licensee has otherwise complied with the performance requirements set forth in this License prior to the early termination of the Event, the Security Deposit shall be refunded to the Licensee.

3. Community Contribution. In addition to the License Fee, Licensee shall provide (i) to the City goods and products available at the City Parcel during an Event in a retail amount not to exceed $1,000 in each License Year; and (ii) to community organizations designated by the City goods and products available at the City Parcel during an Event in a retail amount not to exceed $500 in each License Year.

4. Grant of Temporary License.
(a) City hereby grants to Licensee a temporary license (“Temporary License”) to use the City Parcel during the License Term solely for the Event for no more than 120 days during the License Year. Licensee agrees to obtain (i) a City business license, and (ii) a “Temporary Use Permit(s)” from the Department of Community Development and pay all associated fees. Licensee also agrees to provide electricity and water and permit the site to be inspected by both the Fire Department and City Building Official. Licensee shall comply and shall cause the public to comply with all applicable federal, state and local laws, regulations and rules with respect to the use of the City 3 Parcel. Licensee shall not permit any noxious or offensive activity to be carried on upon any portion of the License Area, nor shall anything be done or maintained on the City Parcel which may be or become an annoyance or nuisance to the neighborhood. The Temporary 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.
(b) City shall have the right to: (i) revoke this License and all other rights granted to Licensee due to the failure by Licensee to observe or perform any of the provisions of this License (an “Event of Default”), where such failure shall continue for a period of thirty (30) days after written notice of such Event of Default is received by Licensee from City; and (ii) terminate the License and all other rights granted to Licensee, without cause, upon giving Licensee not less than 30 days’ advance written notice prior to the commencement of the License Year of the City’s intention to terminate the License.

5. Subcontractors. The Licensee may assign, sublicense or otherwise allow occupancy or use of the property by any other person/s or group. However, the cumulative use of the property per fiscal year may not exceed 120 days.

6. Maintenance of City Parcel.
(a) During the License Term, the Licensee shall set up the parking area and provide the circulation pattern per the plans submitted to and reviewed by the City Engineer. Licensee, at Licensee’s expense, shall maintain or cause to be maintained (collectively, “Maintain” or “Maintenance”), City Parcel substantially as abated and improved as required by this License and otherwise in good order and condition, reasonable wear and tear expected. During the License Term, Licensee, at Licensee’s expense, shall maintain in prominent locations on City Parcel adequate signage to enable safe ingress and egress for the public.
(b) Licensee further agrees to abate the property to the City’s standards as may be necessary. Abatement includes, but is not limited to, (a) tree trimming, (b) removal of all existing debris on the City Parcel, and (3) replacement of any missing sections of chain link fence on the perimeter of the City Parcel, if any (which chain link fence shall remain in place following the termination of this License).

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

8. 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, costs and expenses (including, without 4 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) the use of City Parcel by the Licensees or the public or (ii) the breach of or failure of Licensee to perform any of Licensees’ covenants contained in this License.

9. Nonliability. 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 City Parcel, and all persons using City Parcel do so completely at their own risk.

10. 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) 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.
(b) 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.
( c) 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.

11. Amendment. This License may be amended or modified by an instrument in writing executed by Licensee and City.

12. Survival. The obligations under this License shall survive the expiration of the Temporary License and the License Term; provided, however, in no event shall Licensee have the right to use City Parcel after the expiration of the License Term nor shall the public have the right to use City Parcel after such time. 5 13. Miscellaneous.
(a) 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 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.
(b) 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. (c) 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. (d) 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.
(e) 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.
(f) 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 agreement 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.
(g) Notices. All notices or other communications required or permitted under this License shall be in writing and shall be delivered personally or sent by Untied States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows:

If to City: City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attn: City Manager
6 If to Licensee: ABC Tree Farms, LLC
25 NW 23rd Place, #6
PMB 367
Portland, Oregon 97210
Attn: Jerry R. Klima, Jr.

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. (h) 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.

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
Jason Simpson, City Manager
Date:

APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“LICENSEE”

ABC TREE FARMS, LLC
Jerry R. Klima, Jr., Sole Member
Date:

USE PROPOSAL
FOR

CITY OF LAKE ELSINORE PROPERTY

LOCATED AT
18614 DEXTER ROAD

LAKE ELSINORE, CALIFORNIA
FROM
ABC Tree Farms, LLC
25 NW 23rd Place, #6
PMB 367
Portland, OR 97210
[email protected]
Office: 408-393-6303
Cell: 503-975-8733
www.abctreefarms.net
Jerome R. Klima Jr., Sole Member

EXHIBIT A
Company Background and Relevant Experience
ABC Tree Farms LLC has operated a Pumpkin Patch and Christmas Tree sales site at 18614 Dexter Road, Lake Elsinore, California for the past five years and previously operated under the business name Norris Amusement, LLC from 2012-2014 that was acquired from Harvest Jack’s Amusements from Wendy Cosgrove and Robert Farnell.

ABC Tree Farms, LLC has been operating retail Christmas Tree Sales Sites and Halloween Pumpkin Sales Sites, Summer Fun Zones, Fruit Stands and Farmer Markets for over thirty years. On any given year, ABC Tree Farms operates eighteen to twenty-five retail locations. We operate a clean, professional, first class operation. In addition, ABC Tree Farms is also a grower and wholesale supplier of fruit, Pumpkins, Christmas Trees and nursery items to numerous accounts around the country.

In the past and currently we lease properties from a wide range of Shopping Center Owners and landowners, including Rancho Community Church, Scripps Health, City of Santa Clara, Santa Clara Roads and Airports, City of Antioch, Sam Trans, Westgate Shopping Center, Capital Square Shopping Center, Bayfair Shopping Center, El Paseo de Saratoga Shopping Center, Compaq Computers, Century Theaters, Property Development Associates (Safeway), CVS Pharmacy, State of California, East Bay Regional Parks District as well as numerous individual property owners.

Our aim is to develop long-term relationships with the property owner and to provide an exciting pumpkin patch and tree buying experience for our customers while maintaining an atmosphere harmonious with the integrity of adjacent properties. Please feel free to visit our website at http://www.abctreefarms.net to view photos and more detailed information on our other locations.

Proposed Annual License Fee: $17,620.96
Proposed Lease Term: Lease term is proposed from September 1st through December 30th each year. We will be compliant with all terms of the RFP.

Thank you in advance for taking the time to review this proposal.

Proposed Uses, Periods of Operations, Staffing, Suppliers and Recycling Plan Halloween Pumpkin Patch: Proposed Days are September 18, 202 5 through November 10, 2025 for the Pumpkin/Halloween Sales, which will include set up and tear down of the operation. Hours of operation will be Seven days a week, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 10:00 AM and remain open until 10:00 PM.

The area will be as diagrammed in the attached Potential Halloween/Pumpkin Patch Plot Plan.

All necessary permits and approvals will be acquired from the City of Lake Elsinore. Garbage and chemical toilets will be provided on the site by United Site Services and Waste Management. We will have no hazardous chemicals on our site. We are requesting the use of a 60’ x 90’ tent and 30’ x 30’ tents which are both made of Fire Retardant material. Tent permits will be filed with the local Fire Department. We will have approximately 12 inflatable amusements including bounce houses, obstacle courses and slides for children ages 2-12 that meet all California state requirements and small carnival rides. We are requesting that a trailer be allowed on site for use as a temporary office/security for the manager. Parking is as diagrammed on the site plan and traffic flows will be as diagrammed. A diagram is attached. Proposed staffing will be 2-8 employees on site depending on time and day of week. All leftover pumpkins will be removed from site and mulched and used for soil enhancement.

Items that will be sold will be pumpkins, gourds, squash, corn, Halloween items and décor.

Anticipated attendance over the course of 30 days is approximately 2500 people.

Christmas Tree Lot: Proposed days of operation are November 10, 2025 through December 31, 2025 for Christmas tree sales which includes lot set up and tear down. Hours of operation will be seven days a week from Thanksgiving to Christmas Eve, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 9:00 AM and remain open until 9:30 PM.

The area will be as diagrammed in the attached Potential Halloween/Pumpkin Patch Plot Plan.

All necessary permits and approvals will be acquired from the City of Lake Elsinore. Garbage and chemical toilets will be provided on the site by United Site Services and Waste Management. We will have no hazardous chemicals on our site. We are requesting the use of a 60’ x 90’ tent and 100’ x 120’ tents which are both made of Fire Retardant material. Tent permits will be filed with the local Fire Department. We are requesting that a trailer be allowed on site for use as a temporary office/security for the manager. Parking is as diagrammed on the site plan and traffic flows will be as diagrammed. A diagram is attached. Proposed staffing will be 2-10 employees on site depending on time and day of week. All leftover Christmas Trees will be removed off site and mulched and used for soil enhancement.

Items that will be sold will be Christmas trees, wreaths and garlands and assorted Christmas Holiday Items. Anticipated attendance over the course of the 30 day period is approximately 1500 families.

EXHIBIT B

EXHIBIT B
15)
On-call Agreement with Talimar Systems, Inc. for Minor Construction and Office Furniture Installation
Approve and authorize the City Manager to execute an On-Call Services Agreement with Talimar Systems, Inc. for minor construction and office furniture installation in an amount not to exceed $181,857.19 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $18,185.72 for uncertainties and adjustments.

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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:August 12, 2025
Subject:On-call Agreement with Talimar Systems, Inc. for Minor Construction and Office Furniture Installation
Recommendation
Approve and authorize the City Manager to execute an On-Call Services Agreement with Talimar Systems, Inc. for minor construction and office furniture installation in an amount not to exceed $181,857.19 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $18,185.72 for uncertainties and adjustments.

Background
On-call contracts enable the City to quickly and efficiently mobilize maintenance and construction services under pre-established terms and conditions. These services may be required in response to urgent issues or when the City lacks the internal capacity to complete the work.

For Cities that need to secure general or specialized maintenance and construction services, the advantages of having on-call contracts in place include:
•Access to a broad range of technical expertise
•Flexible resource availability
•Service commitments on an as-needed basis
•Streamlined procurement and approval processes
•Independent, objective assessments and recommendations •Confirmation that actions are solution-focused
In Lake Elsinore, on-call and minor construction services are a vital resource for maintaining City facilities and efficiently delivering low-cost, small-scale projects.

On-call Services Agreement with Talimar Systems

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Discussion
Talimar Systems currently holds contracts with the Cities of Costa Mesa, Irvine, and Laguna Beach for office furniture installation and design. 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 work.

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

Attachments
Attachment No. 1 - Agreement
Exhibit A - Quote
City Manager's Office

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AGREEMENT FOR CONTRACTOR SERVICES
Talimar Systems, Inc.

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of August 13, 2025 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Talimar Systems, Inc., a Corporation (the “Contractor”).

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

On-call minor construction and office furniture installation.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 30, 2025, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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

AGREEMENT

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

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

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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 August 13, 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 amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference . In no event shall Contractor's annual compensation exceed One hundred eighty-one thousand eight hundred fifty-seven dollars and nineteen cents. ($181,857.19 ) 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

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

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

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

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

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

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

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

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

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

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

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

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

Contractor shall maintain a City of Lake Elsinore business license .

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

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16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage . Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California . In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change . The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000 ,000) per occurrence for bodily injury, personal injury and property damage . If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . 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,

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

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Talimar Systems, Inc.

Attn: Mike Lee
3105 West Alpine
Santa Ana, CA 92704

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

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

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

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

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

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

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

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

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

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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.

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

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

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

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

30. Amendments . This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney .

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Click or tap here to enter text., a Click or tap
here to enter text.

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City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Click or tap here to enter text.

Its: Click or tap here to enter text.

Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
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$ 1 DESIGN SERVICES & COORDINATION 85,500.00 $ 85,500.00$ Total extended net price: 100,700.00$
Complete Delivery & Installation/Setup: 66,525.00$
Tax:8.75% 14,632.19$
TOTAL: 181,857.19$
Authorized by:
____________________________________________
print name
____________________________________________Date: ________________ signature
CITY OF LAKE ELSINORE - OFFICE WORKSTATIONS & OFFICE FURNITURE SERVICES - REVISED 07/30/2025

PRODUCT DESCRIPTION
50% deposit required on all orders. All orders final.

CITYOFLAKEELSINORE_SERVICES_SUMMARY_073025.xls

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7/30/2025

16)
On-call Services Agreement with ALV for Lake Water Quality Services Approve and authorize the City Manager to execute an on-call services agreement with ALV for lake water quality services in an amount not to exceed $206,000.00 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $20,600.00 for uncertainties and adjustments.

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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:August 12, 2025
Subject:On-call Services Agreement with ALV for Lake Water Quality Services Recommendation
Approve and authorize the City Manager to execute an on-call services agreement with ALV for lake water quality services in an amount not to exceed $206,000.00 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $20,600.00 for uncertainties and adjustments.

Background
On-call contracts provide the City with the ability to quickly and efficiently deploy maintenance and construction services through pre-established terms and conditions. These contracts are especially valuable when urgent needs arise or when the City lacks the internal capacity to perform certain tasks.

For municipalities requiring general or specialized maintenance and construction support, on-call contracts offer several key advantages:
• Access to a broad range of technical expertise
• Flexible and readily available resources
• Service commitments on an as-needed basis
• Streamlined procurement and approval processes
• Objective, third-party evaluations and recommendations • Support for solution-driven actions
In the City of Lake Elsinore, on-call and minor construction service contracts serve as a critical tool to maintain public infrastructure and amenities, while also enabling the efficient and cost- effective delivery of small-scale capital projects.

ALV Agreement for Lake Water Quality Services

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Discussion
As part of our ongoing Lake Management Plan, we have been conducting pilot testing of a product called Phoslock, a phosphorus-binding compound designed to reduce excess nutrients in the water. Once applied, Phoslock works by binding with free-floating phosphorus and settling it permanently into the sediment at the bottom of the lake, making it unavailable for biological uptake.

This process plays a critical role in improving water quality and preventing future algal blooms.

Since phosphorus is a primary nutrient that fuels the growth of algae, reducing its availability is a key strategy in curbing the frequency and intensity of harmful algal blooms. The use of Phoslock represents one of several science-based tools we are evaluating to restore ecological balance and enhance the long-term health of Lake Elsinore.

To support the continued implementation of this and other water quality treatment efforts, staff recommends that the City Council approve an on-call contract with ALV. This contract will allow for flexible, timely, and ongoing water quality maintenance and treatment services, including the targeted use of Phoslock and similar best-practice technologies, as needed.

Fiscal Impact
Funds are available in the City’s Fiscal Year 2025-26 Measure Z Budget.

Attachments
Attachment No. 1 - Agreement
Exhibit A - Quote
City Manager's Office

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AGREEMENT FOR CONTRACTOR SERVICES
American Lady Vet Services, Inc.

This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of August 13, 2025 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and American Lady Vet Services, Inc., a Corporation (the “Contractor”).

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

On-Call Lake Water Quality Services.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 1, 2025, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

AGREEMENT

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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.

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

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

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Contractor shall maintain a City of Lake Elsinore business license .

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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 .

Attn: Rene Sandoval
131 E. 3rd Street
Perris, CA 92570

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

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

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.

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.

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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.

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 .

Page 10 ends

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Click or tap here to enter text.

Its: Click or tap here to enter text.

Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
BID PROPOSAL DATE: 08/01/2025 PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: Name: Adam Gufarotti Location: Launch Point & Coors Light Cove Address: 130 South Main St Address: Lake Elsinore City: Lake Elsinore State: CA Zip: 92530 City: Lake Elsinore State: CA Telephone: 951-647-3124 x314 Contract Completion Date: TBD We hereby propose to furnish all materials as well as equipment required to perform all labor necessary to complete

the

following

work,
JOB DESCRIPTION: To reduce phosphorus concentrations in the water column and mitigate harmful algal blooms (HABs) risk, ALVS proposes to

apply

Phoslock

following

algaecide

pretreatment

Launch

Point

and

Coors

Light

Cove.

Two

separate

phosphorus-binding

treatments

will

performed

each

location

utilizing

17,325

lbs

Phoslock

per

treatment

per

location,

totaling

69,300

lbs

Phoslock.

(Second

Phoslock

treatment

will

occur

within

30 days

first

treatment)

Site Details

● Launch Point Treatment Area ○ Location: Northern shoreline recreation area ○ Estimated Coverage Area: 150 Acre-f ● ● Coors Light Cove Treatment Area ○ Location: Southeastern shoreline inlet ○ Estimated Coverage Area: 150 Acre-feet ●

Phase 1: Algaecide Pretreatment
● Application of an EPA-approved algaecide (GreenClean 5.0) to target and disrupt active algal blooms. ● Algaecide will be applied in accordance with label instructions and regulatory guidelines. ● Objective: To prepare the water column by freeing reactive phosphorus prior to Phoslock application.

BID PROPOSAL DATE: 08/01/2025
Phase 2: Phoslock Application
● Material: 17,325 lbs of Phoslock per treatment site. ● Method: Boat-based slurry deployment using calibrated equipment to ensure even dispersion. ● Sequence: Application will immediately follow algaecide treatment once safe and effective phosphorus release is confirmed.
● Target: Phoslock will bind free reactive phosphorus in the water column and settle to the bottom, locking phosphorus

into

the

sediment

matrix.

Post-Treatment Monitoring & Reporting
● Water samples will be collected pre- and post-treatment to evaluate changes in phosphorus concentrations. ● Temperature, pH, dissolved oxygen, Total Dissolved Solids, Salinity, Conductivity, and Secchi Depth will be monitored

during

and

after

application.
● A summary report will be provided for each site including water quality data.

Assumptions
● Weather and lake conditions are suitable for safe boat operation and product deployment. ● Access is provided to each shoreline and launch ramp for boat deployment and staging. ● Permits or approvals from local agencies (e.g., city, water district, State water board) have been obtained by the City

Lake

Elsinore

prior

mobilization.
● All application work will comply with local environmental and water quality regulations. ● Phoslock will be delivered to the lake site and stored securely prior to application.

Total Cost - As noted above = $206,000.00 Prices exclude any Materials, Labor or Services not included in above Scope of Work. ALVS is a certified, SDVOSB, Micro SB, & Woman owned Business. Prices are valid for 30 days and may be subject to increase based upon inflation rates. All material is guaranteed to be as specified,

and

the

above

work

performed

accordance

with

the

drawings

and

specifications

submitted

for

above

work

and

completed

substantial

workmanlike

manner

with

payments

made

follows:

Upon

Completion

By: Rene Sandoval, Director of Aquatics American Lady Vet Services, Inc Contractor’s License#: 980019 131 E. 3rd St Perris, CA 92570 (805) 722-0715 Cellular (951) 208-4484 Office 17)
Agreement with Endresen Development for the Block Wall Around the New City Senior Housing Project (CIP Project No. Z20026)
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Endresen Construction in an amount not to exceed $109,225.22 for the Block Wall around the new City Senior Housing Project in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $10,922.52, and authorize the City Clerk to record the Notice of Completion once work is completed.

Page 1 of 3 ends

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:August 12, 2025
Subject:Agreement with Endresen Development for the Block Wall Around the New City Senior Housing Project (CIP Project No. Z20026)
Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Endresen Construction in an amount not to exceed $109,225.22 for the Block Wall around the new City Senior Housing Project in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $10,922.52, and authorize the City Clerk to record the Notice of Completion once work is completed.

Background
The City has secured construction funding ($5,000,000) from the Permanent Local Housing Allocation Program. The Permanent Local Housing Allocation (PLHA) Program offers several significant benefits designed to address housing challenges and support local communities.

These benefits include the following:
•Increase the supply of housing for households at or below 60% of the area median income •Increase assistance to affordable owner-occupied workforce housing •Assist people experiencing or at risk of homelessness
•Facilitate housing affordability, particularly for lower- and moderate-income households •Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation
•Ensure geographic equity in the distribution of the funds Senior Center Block Wall Project

Page 2 of 3 ends

City staff prepared construction-ready housing documents in anticipation of special funding opportunities. This proactive approach ensured that the City would be well-positioned to quickly take advantage of any financial support available for housing projects, thereby accelerating the development process and addressing the critical need for affordable housing within the community.

Therefore, once the funding was secured, the construction bid documents were immediately ready for construction. In preparation for the site development and construction of the block wall, survey stacking was completed, and on Wednesday, July 23, 2025, a site visit and job walk were conducted at the project site. The City’s on-call contractors were invited to the job walk to assess the block wall requirements and, if interested, asked to provide a written proposal. Two proposals detailing the entire scope of work were received by the City.

Discussion
The companies listed below submitted a proposal and, although not required, attended the job walk. Both contractors have a proven performance record with Lake Elsinore projects and have met or exceeded the project requirements. Listed below are the submitted proposals for the City Senior Housing Block Wall:

The block wall construction will begin immediately following the execution of the public works construction agreement. In this construction agreement, the key elements will include the following items:
•Mobilization & Demobilization Including Construction Schedules (Not To Exceed 3% of Total Bid)
•Labor, Material, and Performance Bonds
•Concrete, Footing
•350 feet of 8x8x16 CMU block
•Steel Rebar
•Spoils Removal
•Backfill and Compact
•Wall Stucco

Senior Center Block Wall Project

Page 3 of 3 ends

Fiscal Impact
Funding costs are included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget, CIP Project No. Z20026. The County of Riverside is providing $5,000,000 from the Permanent Local Housing Allocation (PLHA) Program.

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
City Manager's Office
1 AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Endresen Development, Inc.

For the
Senior Housing Block Wall
CIP PROJECT NO. [Z20026]
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of August 12, 2025 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Endresen Development Inc. (“Contractor”).

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

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

Senior Housing Block Wall Z20026 (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:

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

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being One Hundred Nine Thousand Two Hundred Twenty-Five dollars and Twenty-Two Cents ($109,225.22). 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 30 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

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

The
foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to 4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage . Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Endresen Development Inc.

Attn: Josh Endresen
157 S Ralph Road
Lake Elsinore, CA 92530

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

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

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

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

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Endresen Development, Inc.

City Manager
ATTEST:

By: Josh Endresen
Its: Owner
City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
Endresen Development, Inc.
157 S Ralph Rd
Lake Elsinore, CA 92530

ADDRESS

SENIOR HOUSING
130 S. Main Street
Lake Elsinore, CA 92530
Proposal # 1571
DATE
08/01/2025

PROJECT

SENIOR HOUSING BLOCK WALL

DESCRIPTION QTY RATE AMOUNT
Build Block Wall
-Wall on property line Built to plan
- 8" Block on wall
- All cells to be grouted
- Pump concrete for footing
- Stucco wall both sides
1 77,225.22 77,225.22
8x8x16 Concrete block
#3 and #4 rebar for footing and wall
3500psi concrete for footing
Spec mix morter
1 32,000.00 32,000.00
TOTAL $109,225.22
Accepted By Accepted Date
18)
Notice of Decision – Planning Commission Approval of Planning Application No. 2018-59 (Ministerio Puerta Del Cielo/Amazing Church) – A Conditional Use Permit Amendment (CUP-2025-04) to Expand Church Operations to Increase the Main Sanctuary Area and Reallocate Existing Church Operations for an Existing Church Located at 31712 Casino Drive, Units 5C, 6A through 6C, 7C, and 8A through 8B Receive and File the Notice of Decision for Planning Application No. 2018-59 approved by the Planning Commission on July 15, 2025.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Damaris Abraham, Community Development Director Date:August 12, 2025
Subject:Notice of Decision – Planning Commission Approval of Planning Application No. 2018-59 (Ministerio Puerta Del Cielo/Amazing Church) – A Conditional Use Permit Amendment (CUP-2025-04) to Expand Church Operations to Increase the Main Sanctuary Area and Reallocate Existing Church Operations for an Existing Church Located at 31712 Casino Drive, Units 5C, 6A through 6C, 7C, and 8A through 8B
Applicant:Sonia Welsh
Recommendation
Receive and File the Notice of Decision for Planning Application No. 2018-59 approved by the Planning Commission on July 15, 2025.

Background
Planning Application 2018-59 is a Conditional Use Permit Amendment (CUP No. 2025-04) to expand the existing church operations for Ministerio Puerta Del Cielo (also referred to as Amazing Church). The church currently operates within Units 5B, 6A through 6C, and 7B through 7C. The proposed request would expand the church’s operation into Units 8A and 8B to increase the main sanctuary area with 264 seats as well as remove and vacate Unit 7B from the current church operations. With the proposed expansion, the church intends to operate as follows:
•Unit 5B: Spanish Mass – Sunday and Wednesday from 6:00 p.m. to 9:00 p.m. •Units 6A through 6C: Youth Church – Sunday from 9:00 a.m. to 12:00 p.m. •Unit 7B: Proposed to be vacated and removed under new CUP •Unit 7C: Administrative Offices – Monday through Friday from 9:00 a.m.to 5:00 p.m. •Units 8A and 8B: Main Sanctuary (English Mass) – Sunday from 9:00 a.m. to 12:00 p.m. and Tuesday from 7:00 p.m. to 9:00 p.m.

PA 2018-59 (Ministerio Puerta Del Cielo/Amazing Church)

Page 2 of 2 ends

1 6
9 5
Units 8A and 8B will be combined to form one suite of approximately 7,600 square feet in size, which will include new classrooms and offices.

The proposed project is located within an existing 4.87-acre multi-tenant retail commercial center.

The site is near the intersection of Diamond Drive and Casino Drive at 31712 Casino Drive (APN:
363- 171-008) and currently zoned Neighborhood Commercial (C-1) within the Lake Elsinore Hills District.

On July 15, 2025, the Planning Commission by a 5-0 vote took the following actions:

1. Found that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and

2. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) NO. 2025-04 AMENDING CUP NO. 2022-23 TO EXPAND CHURCH OPERATIONS INTO UNITS 8A AND 8B FOR THE MAIN SANCTUARY, REASSIGN UNITS 6A THROUGH 6C FOR THE YOUTH CHURCH, DESIGNATE UNIT 5B FOR SPANISH SPEAKING SERVICE AND UNIT 7C FOR CHURCH OFFICES, AND VACATE UNIT 7B FOR AN EXISTING CHURCH (MINISTERIO PUERTA DEL CIELO/AMAZING CHURCH) LOCATED AT 31712 CASINO DRIVE, UNITS 5C, 6A THROUGH 6C, 7C, AND 8A THROUGH 8B (APN: 363-171-008).

Discussion
The Planning Commission voted 5-0 to approve the project at its regular meeting on July 15, 2025. There were no public comments received in writing or orally. Sonia Welsh, the applicant, was in attendance for the public hearing and addressed the Planning Commission, stating that she acknowledged and accepted the Conditions of Approval for the project.

The Planning Commission’s decision is final, and no action by the City Council is required unless the City Council, by majority vote, elects to review and reconsider the Commission’s decision by ordering the matter set for a future noticed public hearing according to Section 17.410.110.F of the Lake Elsinore Municipal Code (LEMC), or the applicant or an interested person files a complete appeal application within 15 days of this notice appearing on the City Council’s Agenda.

Fiscal Impact
The time and cost related to processing this application have been covered by fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Project approval does not fiscally impact the City’s General Fund. Mitigation to protect the City fiscally have already been included in the Conditions of Approval.

Attachments
Attachment 1 – Planning Commission Staff Report

19)
Agreement with Metrocell Construction, Inc. for the ATP Cycle 4 Murrieta Creek Multi- Use Trail Project (ATPL 5074(021) / CIP Project No. Z30010) Approve and authorize the City Manager to execute a Public Works Construction Agreement with Metrocell Construction, Inc. in the amount of $2,996,533.20 for the ATP Cycle 4 Murrieta Creek Multi-Use Trail Project, ATPL-5074(021)/CIP NO. Z30010 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $299,653.32, and authorize City Clerk to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City-maintained pedestrian network.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Yu Tagai, City Engineer
Date:August 12, 2025
Subject:Agreement with Metrocell Construction, Inc. for the ATP Cycle 4 Murrieta Creek Multi-Use Trail Project (ATPL 5074(021) / CIP Project No. Z30010) Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Metrocell Construction, Inc. in the amount of $2,996,533.20 for the ATP Cycle 4 Murrieta Creek Multi-Use Trail Project, ATPL-5074(021)/CIP NO. Z30010 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $299,653.32, and authorize City Clerk to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City- maintained pedestrian network.

Background
The Murrieta Creek Trail is a multi-jurisdiction, active transportation trail that is consistent with the City’s General Plan and Eastlake Specific Plan adopted in 2017. The City was awarded the Active Transportation Program Cycle 4 grant in 2019 for the design and construction of the Murrieta Creek Multi-Use Trail project.

The proposed Murrieta Creek Multi-Use Trail includes a 1.3-mile multi-use trail that would extend between Skylark Drive and the Lake Levee Trail, a retaining wall at the northern terminus, multiple Arizona crossing throughout the trail, and a bridge structure spanning over an existing drainage area. The City received Construction funds allocation approval from the California Transportation Commission in March 2025.

The project was advertised for construction on May 13, 2025.

Metrocell Construction Award – Murrieta Creek Multi-Use Trail

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Discussion
Contractor Bids were secured via the city’s electronic bidding portal PlanetBids on June 17, 2025, at 2:00 PM, results were made publicly visible. The City received fifteen (15) bids from qualified contractors. Staff recommends awarding the project to the apparent qualified low bidder Metrocell Construction, Inc. The bid results are summarized below:

Contractor (Bidder) Total Bid Amount

1. Metrocell Construction, Inc. $2,996,533.20

2. KEC Engineering $3,488,142.50

3. Los Angeles Engineering, Inc. $3,568,000.00

4. Matcon General Engineering $3,613,248.59

5. Van Engineering $3,774,427.50

6. Empire Equipment Service, Inc. $3,999,744.83

7. H&H General Contractors, Inc. $4,122,112.00

8. Riverside Construction Company, Inc. $4,298,538.50

9. RG General Engineering, Inc. $4,358,547.00

10. Aster Construction Services $4,406,004.00

11. Granite Construction Company $4,563,000.00

12. Leonida Builders, Inc. $4,841,246.00

13. Bosco Constructors, Inc. $4,979,415.31

14. Aneen Construction, Inc. $5,552,005.00

15. CT&T Concrete Paving, Inc. $8,767,748.78
Fiscal Impact
Public Works Construction Agreement will result in a cost of $2,996,533.20 plus an additional 10% contingency of $299,653.32. Funding for this project is allocated with the adopted CIP Budget.

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

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
METROCELL CONSTRUCTION, INC.

For the
ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL
PROJECT ATPL 5074 (021)/CIP PROJECT NO. Z30010
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of August 12, 2025 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Metrocell Construction, Inc., a Corporation (“Contractor”).

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

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

ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL(the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Chen Ryan Associates, are identified as:

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

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being Two Million Nine Hundred Ninety-Six Thousand Five Hundred Thirty-Three dollars and 20/100 cents ($2,996,533.20). 2 3
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b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within Two Hundred (200) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Two Thousand Five Hundred dollars ($2,500.00) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work.
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4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

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.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
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iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

Certificates of such insurance shall be filed with the City on or before commencement of 6 3
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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.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Metrocell Construction, Inc.

Attn: James Culwell
16051 Crosswind Avenue
Chino, CA 91708

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

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

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

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 3
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b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Metrocell Construction, a Corporation
City Manager
ATTEST:

By: James Culwell
Its: President
City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

20)
Amendment No. 2 to Professional Services Agreement with Chen Ryan Associates for the Murrieta Creek Multi-use Trail Project
Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Chen Ryan Associates for Geotechnical Testing Support and Construction Support services for the Murrieta Creek Multi-Use Trail Project in the amount of $110,365 for a total contract amount not to exceed $712,008.83 in such final form as approved by City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $11,036.50 for unanticipated costs.

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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Yu Tagai, City Engineer
Date:August 12, 2025
Subject:Amendment No. 2 to Professional Services Agreement with Chen Ryan Associates for the Murrieta Creek Multi-use Trail Project Recommendation
Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Chen Ryan Associates for Geotechnical Testing Support and Construction Support services for the Murrieta Creek Multi-Use Trail Project in the amount of $110,365 for a total contract amount not to exceed $712,008.83 in such final form as approved by City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $11,036.50 for unanticipated costs.

Background
The Murrieta Creek Trail is a multi-jurisdiction, active transportation trail that is consistent with the City’s General Plan and Eastlake Specific Plan adopted in 2017. The proposed Murrieta Creek Multi-Use Trail would extend between Skylark Drive and the Lake Levee Trail. On September 27, 2022, City Council approved a professional services agreement with Chen Ryan Associates to provide final design and right of way services for the Murrieta Creek Multi-Use Trail project.

Council approved Amendment No. 1 on March 25, 2025. Amendment No. 2 would allow for Chen Ryan Associates to continue to work with the City and to provide construction support services through the construction phase of the project. Construction is anticipated to begin in Fall 2025.

Discussion
The following are tasks warranted in the additional scope:
•Construction Period Support – Address Contractor Requests for Information, review material submittals, perform site walks, and review material and shop drawing submittals.

Chen Ryan Associates Amendment No. 2 - MCT

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•Construction Period Geotechnical Testing Support – Observation and compaction testing during subgrade preparation, aggregate base placement, and AC paving; observation of excavation for proposed retaining wall foundation and bridge abutments, compaction testing of retaining wall, bridge abutment, and miscellaneous backfill; sampling and verification of concrete reinforcing steel; sampling and testing of concrete; and inspection of retaining walls and bridge foundations.

Fiscal Impact
The additional professional services have been programmed in the CIP.

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

TO AGREEMENT FOR PROFESSIONAL SERVICES
Chen Ryan Associates
Engineering Construction Documents PS&E Phase
This Amendment No. 2 to Agreement for Professional Services is made and entered into as of 8/12/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Chen Ryan Associates, Inc., a Corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 9/27/2022, (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 Five Hundred Sixty Five Nine Hundred Forty Three dollars and Eighty Three Cents ($565,943.83).

C. The Original Agreement had a term of services ending on 6/30/2025.

D. Amendment No. 1, approved March 25, 2025, increased the Consultant compensation in an amount of $35,700.

E. The parties now desire to amend the scope of services, term and increase the payment for such services as set forth in this Amendment No. 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 6/13/2025 Proposal (attached to this Amendment No. 2 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:

Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant’s Proposal (Exhibit A to the Original Agreement) and Consultant’s 3/12/2025 Proposal (Exhibit A-1 to Amendment No. 1), and Consultant’s 6/13/2025 Proposal (Exhibit A-2 to Amendment No. 2).

In no event shall Consultant’s compensation related to Exhibit A to the Original Agreement exceed Five Hundred Sixty Five Nine Hundred Forty Three dollars and Eighty Three cents ($565,943.83) without additional written authorization from the City. In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed Thirty Five Thousand Seven Hundred dollars ($35,700). In no event shall Consultant’s compensation related to Exhibit A-2 to Amendment No. 2 exceed One Hundred Ten Thousand Three Hundred Sixty Five dollars ($110,365). Total compensation shall not exceed Seven Hundred Twelve Thousand Eight dollars and Eighty Three cents ($712,008.83).

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”
Chen Ryan Associates, Inc., a corporation
City Manager
Date:

Monique Chen, Principal; In-Charge
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-2
CONSULTANT’S PROPOSAL
[ATTACHED]
1 June 13, 2025
Yu Tagai
Senior Civil Engineer
Re: Murrieta Creek Trail PS&E Project Amendment #2
Dear Mr. Tagai,
We thank you for your consideration of this amendment request to provide continued professional services to the City of Lake Elsinore (the “Client” or “City”) for the Murrieta Creek Trail project “the Project”.

Project Understanding
CR Associates (“CRA”) and the City of Lake Elsinore entered into an Agreement for Professional Services for the Project on September 30, 2022 which will be amended to perform the following scope of services.

Additional Scope of Services
Task 7 Bid and Construction Period Support
Task 7.3 – Construction Period Support
The CRA team will assist the City during the construction period as requested, to the extent budgeted.

The CRA team will provide the following types of support services: responding to Contractor RFIs, reviewing material submittals (up to two (2) review cycles per submittal), performing site walks (up to five (5), attended by up to two (2) staff) to observe the progress of the work, and attending intermittent construction meetings. Material and shop drawing submittal will be reviewed only for conformance with the information given in the Construction Documents. Such review and approvals or other actions will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety procedures and programs.

Assumptions and Exclusions
 Bridge design submittals will not require any alterations to the current abutment designs.  Value engineering services are excluded.
 Services to address revisions to structural design due to contractor errors during construction and unforeseeable conditions encountered during construction are excluded. 2 Task 7.4 – Construction Period Geotechnical Testing Support The CRA team will provide the following geotechnical support during the construction period as requested, to the extent budgeted:

Support Activity Frequency
Observation and compaction testing during subgrade preparation, aggregate base placement, and asphalt concrete paving for trail and roadway.

Daily (pending progress
of construction)
Observation of excavation for proposed retaining wall foundations and bridge abutments, including review of excavation bottoms. Continuous Compaction testing of retaining wall, bridge abutment, and other miscellaneous backfill. Continuous
Sampling and verification of concrete reinforcing steel. As required Sampling and testing of concrete: fabrication of concrete test cylinders, slump, temperature, and air content. Varies
Special inspection during construction of bridge micropiles:
verification of micropile locations and plumbness, micropile rod casing, coupler and group material, casing depth and bond length, and load testing.

Continuous
Special inspection during placement of concrete for retaining wall foundations, bridge abutments, and other structural design elements. Verification of mix design and reinforcement placement, and bridge abutment anchor bolts.

Continuous
Laboratory testing: micropile grout for compaction testing, soil and aggregate base for maximum density / optimum moisture content, and concrete compressive strength. Weekly
Geotechnical Assumptions and Exclusions:
 On-site asphalt concrete density testing will be performed with a nuclear gauge.  Asphalt concrete maximum density, bitumen content, and gradation testing are excluded. For asphalt concrete compaction testing, we assume to use the maximum density values from the approved mix designs.
 Contractor batch plant quality control records will be reviewed by the Construction Manager for bitumen content and aggregate gradation.
3 Anticipated Project Schedule
It is anticipated that the construction period will be completed within twelve (12) months.

Fee and Billing
CRA will perform the scope of services outlined above in accordance with the payment method described in the approved Agreement for Professional Services. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date.

Total amended amount…………………………………………………………………………….$110,365 Task 7.3 Construction Period Support……………………….$24,500
Task 7.4 Construction Period Geotechnical Testing…..$85,865 3 8
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7 AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
Chen Ryan Associates
Engineering Construction Documents PS&E Phase
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 3/25/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Chen Ryan Associates, Inc., a Corporation (“Consultant”).

B. The Original Agreement provided for compensation to Consultant in an amount of Five Hundred Sixty Five Nine Hundred Forty Three dollars and Eighty Three Cents ($565,943.83).

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 3/12/2025 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 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

In no event shall Consultant’s compensation related to Exhibit A to the Original Agreement exceed Five Hundred Sixty Five Nine Hundred Forty Three dollars and Eighty Three cents ($565,943.83) without additional written authorization from the City. In no event shall Consultant’s compensation related to Exhibit A to Amendment No. 1 exceed Thirty Five Thousand Seven Hundred dollars ($35,700.00). Total compensation shall not exceed Six Hundred one thousand six hundred forty three dollars and eighty three cents ($601,643.83).

Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3 3 8
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7 Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A 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.

Monique Chen, Principal In-Charge
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3 1 March 12, 2025
Yu Tagai
Senior Civil Engineer
Re: Murrieta Creek Trail PS&E Project Amendment #1
Dear Mr. Tagai,
We thank you for your consideration of this amendment request to provide continued professional services to the City of Lake Elsinore (the “Client” or “City”) for the Murrieta Creek Trail project “the Project”.

Through collaboration with City staff during the development of the PS&E, the Project will require the following amended services.

Additional Scope of Services
Task 5 Right-of-Way Support
Task 5.4 – Offer Package Preparation and Property Rights Acquisition/Negotiations The CRA team will prepare Just Compensation documents and perform coordination as required due to the change in ownership for parcels 370-120-063 and 371-100-020, respectively.

Deliverables: Just Compensation document (.pdf)
Task 6 Environmental Support
Task 6.12 – Crotch’s Bumble Bee Habitat Assessment
The CRA team will conduct a habitat assessment for the Crotch’s bumble bee ( Bombus crotchii ), via vegetation mapping using the Manual of California Vegetation communities. The habitat assessment will be conducted to identify areas with the highest concentration of floral resources within the impact area.

The habitat assessment is assumed to be completed in a single day.

Following the habitat assessment, the CRA team will prepare a Habitat Mapping Report documenting the baseline habitat and species composition, as well as a map and GIS files of the habitat mapping. This task assumes one (1) round of minor revisions from the City prior to submittal to the California Department of Fish and Wildlife (CDFW) and one (1) round of minor revisions and comments from CDFW. If additional rounds of comments or substantial revisions are requested, additional authorization may be required. The report will be submitted electronically to CDFW no less than 120 days prior to initiation of activities within CDFW jurisdiction.

Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3 2 If the habitat assessment identifies the presence of suitable habitat, the CRA team will prepare and submit a survey plan for Crotch’s bumble bee to CDFW for review and comment. Prior to preparation of the draft survey plan, the CRA team will submit the name and qualifications of the proposed qualified biologist(s) to CDFW for approval.

The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow, should Crotch’s bumble bee be detected within the project area. This task assumes one (1) round of minor revisions and comments from CDFW. If additional rounds of comments or substantial revisions are requested, additional authorization may be required. The plan will be submitted electronically to CDFW no less than 90 days prior to initiation of activities within CDFW jurisdiction.

If the habitat assessment identifies the presence of suitable habitat, the CRA team will complete protocol- level surveys of the impact area for the Crotch’s bumble bee following the Rusty Patched bumble bee survey guidelines issued by U.S. Fish and Wildlife, titled Survey Protocols for the Rusty Patched Bumble Bee ( Bombus affinis ) and dated April 12, 2019, as required by the project Streambed Alteration Agreement.
the CRA team will conduct four (4) field surveys of the impact areas during the appropriate season, between February 1 and October 31. Each survey will be spaced between two (2) and four (4) weeks apart.

Bumble bee species observed during the survey will be identified but will not be captured or handled to avoid potential take. If a Crotch’s bumble bee is detected or suspected, the location and observation details will be documented, including photographs. Dr. Douglas Yanega, University of California, Riverside bumble bee expert, will confirm species identification for non-capture photos as a subconsultant to the CRA team. Each survey is assumed to be completed in a single day. A stand-alone report of findings will be prepared to document the survey effort. This task assumes one (1) round of minor revisions and comments from CDFW. If additional rounds of comments or substantial revisions are requested, additional authorization may be required. This task does not include collecting additional information or revising survey methods, if requested by CDFW. The survey results report will be submitted electronically to CDFW within 30 days of completion of the survey efforts and no less than 30 days prior to initiation of activities within CDFW jurisdiction.

Deliverables: Draft and Final Habitat Mapping Report, Survey Plan, Survey Field Report (.pdf) Task 7 Bid and Construction Period Support
Task 7.1 – Bid Period Support
The CRA team will support the City during the bid period as requested and to the extent budgeted. Support services may include attendance at a pre-bid meeting, review of RFI’s, and assistance in preparing bid addenda. Up to twenty (20) hours have been budgeted for this task.

Task 7.2 – Record Drawings
Following the conclusion of construction, based on a consolidated, red-lined plan set provided by the City, the CRA team will update the Final Plans to reflect the as-built condition.

Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3 3 Anticipated Project Schedule
We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule.

Additional Services
Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our then-current hourly rates.

Additional services we can provide include, but are not limited to, the following:
 Providing any other services not expressly included in this Scope of Services  Services during bid and construction
 Preparation of technical studies and design plans not included in this Scope of Services  Payment of any agency fees
 Endowment fund management and coordination
 Protective instrument coordination
 Implementation and/or maintenance of mitigation measures Fee and Billing
CRA will perform the scope of services outlined above in accordance with the payment method described in the approved Agreement for Professional Services. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date.

Task 5.4 Right-of-Way Support……………………………………………$3,000
Task 6.12A Crotch’s Bumble Bee Habitat Assessment…………$6,500 Task 6.12B Crotch’s Bumble Bee Survey Plan and Surveys….$17,200 Task 7.1 Bid Period Support………………………………………………..$4,000
Task 7.2 Record Drawings……………………………………………………$5,000
Total amount additional funds requested…..………………………$35,700 Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3 Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3

Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3 Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3 Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3 Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3

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
3900 5TH AVE STE 310 Business Type:

SAN DIEGO, CA 92103-3112
CHEN RYAN ASSOCIATES, INC.
3900 5TH AVE STE 310
SAN DIEGO, CA 92103-3112
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
CHEN RYAN ASSOCIATES, INC.

MONIQUE CHEN

PROFESSIONAL/ENGINEERS

TRAFFIC ENGINEERING, DESIGN &

TRANSPORTAION PLANNING
024247
9/1/2024 8/31/2025
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ Docusign Envelope ID: 40D21E58-1B32-445C-A56D-CEDCA2471EC3

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AGREEMENT FOR PROFESSIONAL SERVICES

Chen Ryan Associates

Engineering Construction Documents PS&E Phase
This Agreement for Professional Services (the “Agreement”) is made and entered into as of September 27, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Chen Ryan Associates Inc., a Corporation ("Consultant").

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

Engineering Construction Documents PS&E Phase
B. Consultant has submitted to City a proposal, dated September 2, 2022, attached hereto as Exhibit A (“Consultant ’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

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

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

AGREEMENT

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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 Five Hundred Sixty-Five Thousand Nine Hundred Forty-Three dollars and Eighty-Three cents ($565,943.83) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket e xpenses 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 A greement, 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. Cons ultant 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 othe rwise. 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, pu rsuant to Section entitled “Method of Payment” herein.

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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its disc retion 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 C onsultant shall be immediately referred to C ity, 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, procedur es, 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.

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b. Consultant shall maintain all documen ts 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 . Copie s 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.

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15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and all of its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, damages, claims, suits, actions, costs and expenses including attorney’s fees, 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, DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

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Lake Elsinore City CouncilAugust 12, 2025

Lake Elsinore City Council
August 12, 2025